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HomeMy WebLinkAboutLUA-07-059_Report 1 (2)., r '" (, Al iO ! Rc'~SIOI< 0 l){> r,i ~2 'I ' i! Ii, 1'1 •" ~ l i! l~ ~l ~z zo . "'"g -~ io 0 _ ~ ' •rn;ii ~ ~~ -""..,,"' ~£"' '~· 1r a< i""!'"""I-I ·--I j -;/,;: -CZ~ t:jl ~ ,,, ~ /2.f~~ii .! (Jl ~ fl!i?1ii; !: r , -~, ' ~ ~ ~i1°Li~~!'a ~!! _ m ,1!1;•il!1!! H- 1 i ~~ ~1~a~.o. C n "'U hiln~O~lil\C iu • r le ~ ~ ~ ·1~ . () ! ll m "' D o~ ,, -,. 11 h;i l• ., .; 1:11 tj J ,s_ H ,~ n l' n q ' • ~1H 1 f<lii : n{i ~ H f ' :iii 1 l·· i .}~ q,nj11 r}1 ' l i'•', ~ ~!i l -·1li I . ' ' !l "d_ 1,111111 i ' I it •,,1 * I g iii\iiil 1 1 1 l1i' 'l'i 11 n1F m1 m \~ ~~H,il 1• r.: h JI'!--~ 1·!t l'' ~,;i 11 1h ~i ::U ,, uj,, ,ii !'I It ;le!; i.f j -1 ·H~i c~ n ,, l'!i-,!I ,,, i• ,i l!1 {!1 ,i , .. Jtl .,..,, 1i 11H iit in ti 1;:r 1!i ·a J; hi! !jl !' ,! ~~s i;! ,! '1 ,.,, !al I, ', l!h ,., 1• l jt ~ i , 1r i~ . if i l !!'! I' Ii 111 " • • i l i f I 11i -1• , I I 1111~11_ lt~Hli ·1· 1 n '! I ' ! ~ I ' ! !JD CITY OF ~ RE:-JTO'.\i t~".;'%8,;.:~:;;,·2;";'';" ;~;'.'.:·,,,-~:;, -Lac~le~ R,dge st '1a, Cceei< J 05_,Q l!,Jnd 1 1 -..__, • _.l'!Oeedp"' <1rc:l"ltec:\ur"' f Langle::1-Deveiopmer-t G. roup, nc 1 ::.,':.,'-~.,,, ! ,t; -o:>!fflNf ~... ...._... ---~=~-~--0 •1 , rn•n,... .• ,,~ '•;e.,s; . .,•,:,, 0 art1n9 Revs,eetat1or Plan 1 LANG_EY RIDGE AT ~A~ CR!::EK R!='HO'l, :.JAS!-JINGTON -\~~6%Y1 '~C, ~ ~ ' :ii «l " ~ I % -..., .. I._.; !'!'N-"°-IDA'l'I! -- '*[ . ..:.r· N01<;lNIH'3'tm 'NO!N~ :=.33l!l:J J..'11-117' 39Cl<!:I J.3-'clN'tl NO.LN3H ~ .. rn ,UIJ l.li?ld i::)lJ!+'J!?ld l-lO!t!?Jo,.,s~ Js,Jria Pl-ll?!•srr -"'a!iloXl-"'""" al 11 ":Jl.li 'dnOJS , .. s:wdo1sA.;,G Cis16u1?1 ocm'.~ •I ' • •, ,- i i ! :i ! i (_ ______ _ "'· 11'1' 1),1,JE - FO[lDS .. Y!:"<J[ "' ! ' I I ' . .. u 1 \ ! ' .1: 1--~--J la; ~ \ ! ij . I--""--/ i. : \ l : i , I 1--~--J i -• -\ .! ) ~ I : ! l l - ! I/ t--~-, I 1 ,·-.io \ \\ I 1./ V -ii / 't • ! 1/ " =c"'· I ;fie c1rY oF , •'"""FP\.~~•1-----~; t--,-'J--;--7--------L--------~ ; !i~ ~ f,_-__, I -' l . !1 -· 1 ' . ..• ' 1 : ,· ~·.--------. I ~---,--• i : l "~;NGLEY RIDGE AT MAY CREEK "'1 1 1·"-. ,, '. 1 ~ ___ LANGLEY DEVELOPMENT GROUP, INC I Im"-'"' NEIGHBORHOOD PLAN I LANGLEY RIDGE AT ~AY CREEK RENTON, WASHINGTON ; ! ' ~ f ' . ~ f z ' I ' ; t z ·' - ' " z i. ; : -- ® NOlONIHSVM 'NQ_N]tl J(l]Kl A 11111 1 ll ]:)QI~ A]l:)NV1 u NO.L/\3a ~ 30 AJ.IJ U01d ·:iu1 'dnOJ8 lldd¥ll-.(] J.8 C 0 ~ C • ~ • ~ C a a: C .2 .., 0. :c .... D D 0 N I ~ \VE. ! I l ' ' Largley Ridge at Moy Creek r I 0 111 : =~gley Development Tree Retention Group, inc. Pion " ;R CITY OF RENTON n~ fl ~n1~~ :d • 11. '. '0 ~ [f ij"!_ •• i ~? ~f~il fia r.a f 1~ i .._,& ' ~ ~ ~ ~sffi• !f ~ ii,t,; 11! f !Jif?i F~ f I ;pl! • !i ;: l$ {h iK i ' •!Ii• ~,!. ' tli i?; ' ij ·.,_i i!j ' Hu!$ ''! ' :tt:G !i i f !t;!t. '" F,.. .. i .,, !~l uin ... 1•· ~l],w £1 r i-i "'"''"'·"'~ [4'S) ,, ... ,.,.. (•~'I ffl.-417<1 • -·--=-- 0 ., -'!ENTON, WASHINGTON • ' . . ' . " l in F f i i I ' ' • l io-! f l l • ai !· t i t • ! H J ' 1 ! l ! j ii I i ! f ' ! ' I ! ' i I l ., ! ! I f ,, ! ' .? l ! i! ' 1· •i ! i:t ,, §1 Ji i ' • • I D I I 0 Langley ~idc;e at \ilcy Creek -- ........ . . . ' .... ' ' ..... . . ' .. ' .. . ' ...... . ···~'"•:::::·:········· ·.·.·.··"~·.·.·.·.· . . . . . '' . . ''' .... . . . . ' ' ' O [cJJ!,!nd lonoscope architecture ,.,,,,,,,, ... •~•l,o.M "'""" •,,a, 2'0-&r.10 (<2') =-<'7Q c ORMl'lllrf ,~ ... 0 0 a 0 co ' Laureen M. Nicolay From: Sent: To: Cc: Subject: Dear Mr. Slugen: Kayren K. Kittrick Thursday, April 29, 2010 7:44 AM 'Juraj Slugen' Laureen M. Nicolay; David Christensen Langley Ridge at May Creek aka May's Ridge The inspector has signed off the permit attached to this project as complete. There were some items that had not been addressed by the previous developer that the current owner/developer has installed to meet the required conditions of the plat and meet construction standards. There were a few items not addressed, but these were private contracts between the original developer and private property owners and not enforceable by the City of Renton. The May's Ridge plat is recorded. The construction permit is signed off and building permits have been issued. Some tree plantings on the finished lots are required, but it is not desirable or efficient to plant them before landscaping the properties or at least the residence is built. If you have some specific concerns on some outstanding item that has come to your attention, please do not hesitate to contact me either by email or phone as provided below. K~rett1 K. KcttYlck- Development Engineering Supervisor Community & Economic Development email: kkittrick@rentonwa.gov Phone: 425-430-7299 1 Field --·-1···· --·· Value I .. -----__________________ J :-------I ----i------•----···--· ·- Senders , J -SI I i N , ura• ugen ame , ' ------··-·--·-·-·--+--·--··-------·-------·--·-------·--------··------___ j ' Sender's I Address 1 Sender's Address 2 -·------+------------- Sender's City, State, Zip Sender's Phone Sender's Email Question ,-- Sender's Name I I< 425) so3 6952 I i j slugenj(Zuhotmail.com ' loear Renton representative, I le~rned, that there were some requirements for lthe previous builder in May 1 s Ridge in Renton to fulfill. The current builder 1 did not fulfill them all. Is it possible to get more information about the jrequirements and which ones were fulfilled in May's Ridge? Thank you. Best 1Regards, Juraj Slugen 15213 NE 25th St, Renton WA I Email "Zoning Land Use Information Request" originally sent to lnicolay/ii)rentonwa.gov from slugenj(alhotmail.com on 4/25/2010 11 :57:05 PM. The following were also sent a copy: 1lugcnJ(<1;hotmail.com. 2 I I July 21, 2008 Department of Community and Economic Development Alex Pietsch, Administrator Mr. Tom Foster Langley Development Group 6450 Southcenter Blvd. #106 Seattle, WA 98188 Subject: Requirements for the Langley Ridge Wetland Restoration Project City of Renton File LUA 07-059 Dear Mr. Foster: City staff reviewed your wetland restoration, maintenance and monitoring plan in February 2007 and have requested final action be taken. The latest request was made on April 10, 2008 and as of the date of this letter final action has not been taken. Per Renton's critical areas ordinance the following items are still outstanding: • A Maintenance and Monitoring Contract: A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract. The draft contract language must ensure compliance with both tbe perfonnance standards of approved the restoration plan as well the maintenance and monitoring standards of the Renton Municipal Code: RMC 4-8-120D23vii "Tbe compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years." RMC4-3-0SOG2 "Time Period -Wetlands, Streams, and Lakes: For wetland and/or stream/lake mitigation plans, the surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by pennit condition perform satisfactorily for!! minimum of five (5) vears after they have been completed". (Ord. 5137, 4-25-2005) The scope of the contract must clcarly_covcr the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years". This includes fences and signs as well. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. After plantings have been installed, your biologists are required to submit as-built plans, or a certificate of installation, which, once approved by City Staff, will constitute the beginning of your five-year monitoring period. 1055 South Grady Way -Renton. Washington 98057 ,!"; If these items are not submitted to the City hy August 15, 2008, this matter will be forwarded on to our Code Compliance Division. If you have any questions about the wetland restoration, maintenance and monitoring process, please contact me at ( 425) 430-7219. Sincerely, Rocale Timmons, Associate Planner Community and Economic Development cc: City of Renton File LUA 07-059 Darrell Offe, Offe Engineers Simone Oliver, Altmann Oliver, LLC Jennifer Henning, Planning Manager Paul Baker, Lead Code Compliance Officer , ~. October 20, 20 I 0 Kerek Edwards Langley Ridge at May Creek LLC 19515 North Creek Pkwy #300 Bothell, WA 980 II RE: Langley Ridge Installation Signoff Sewall Job #10-167 Dear Mr. Edwards, Sewall Wetland Consultin Inc. Per your request we have inspected the installation of the mitigation at the Langley Ridge Property. The mitigation area is located to the northwest of SE 99th Street near the intersection of SE 99th Street and SE 26"' Street in the City of Renton, Washington. The installation site visit was conducted on October 19, 2010. The mitigation installation was installed per the approved mitigation plan prepared by Edlund landscape architecture titled "Langley Ridge at May Creek-Wetland Buffer Restoration Planting Plan" dated December 11, 2006, Sheet SK-I. The plans were approved by the City of Renton on July 10, 2007. The mitigation area is thought to have been installed during the fall/winter of 2007; however, no installation signoffwas completed at that time. The mitigation area is doing very well, although during the interim a few plants have died. We have made one minor substitution to the plant list, Nootka Rose (Rosa nutkana) for the dead Mock- orange (Philadelphis lewisii). With that minor substitution the mitigation is back at I 00% and installed per the approved plan. Installation As-built Plant list Scientific Name Common Name Quantitv Plantina Size Acer circinatum Vine Ma~le 10 5-Gal Multi-stem Acer macroohvllum Bia L_eaf Maple 3 4' Ht. Alnus rubra Red Alder 3 4' Ht. Mahonia aauifolium Tall Oreaon Grape 76 2-Gal 18" Ht. Philadelohus lewisii Mock Oranae 12 4' Ht. Rosa nutkana Nootka Rose 18 2-Gal 18" Ht. Pooulus trichocarna Black Cottonwood 4 4' Ht. Pseudotsuaa menziesii Doualas Fir 3 2-Gal Ribes sanauineum Red Flowerina Currant 27 2-Gal 18" Ht. Rosa n"mnocaroa Wood Rose 70 2-Gal 18" Ht. Svmohoricaroos alba Snowberrv 60 2-Gal 18" Ht. Thuia olicata Western Red Cedar 4 4' Ht. Trifolium renens White Clover 30#/acre Outside mulched areas St. Luke's Installation I Job #A8-226 Sewall Wetland Consulting, Inc. May 6, 2010 Page 2 of2 The mitigation area will be monitored four times the first year and once per year for each of the remaining four monitoring years. Monitoring for the Langley Ridge mitigation area will be conducted in the fall with a report submitted in the Fall/Winter. M onitorin11 Sche u e d I Fall Spring Year Monitorin<1 MonitorinQ Reoort Spring, early mid Installed-Fall and late Summer, Year 1 2010 Fall -2011 Fall-2011 Year2 Yes -2011 No -2012 Fall-2012 Year3 Yes-2012 No -2013 Fall-2013 Year4 Yes -2013 No -2014 Fall -2014 Years Yes-2014 No-2015 Fall -2015 Sewall Wetland Consulting, Inc. has inspected the installation of the plants and has verified that the area has been installed according to the specifications on the approved mitigation plan. It is our recommendation that the mitigation area be signed off as installed and the monitoring period should be started. If you have any questions or need any additional information please contact our office at 253.859.0515 or by e-mail at awill@sewallwc.com . Sincerely, Sewall Wetland Consulting, Inc. J. Aaron Will Wetland Scientist File: aw/10-167 lns.tallation Signoff.doc ; WESTCOTT HOMES City of Renton Jennifer Henning, AICP October 22, 2010 VIA EMAIL RE: Langley Ridge at May Creek -Wetland Maintenance and Monitoring Jennifer, 19515 North Creek Park.way Suite 300 Bothell, WA 98011 425.485.1590 phone 425.485.1597 fax Near the end of 2009 and the beginning of 2010 we had several conversations regarding the remaining open space planting requirements and the wetland mitigation p!anting, maintenance, and monitoring requirements. We met onsite and reviewed what had been installed by the previous owner and subsequentfy agreed to a plan to finish and close out the requirements. On or around 11/19/2009 you approved a revised set of plans per our initial walk. On or around the first week of March 2010, we installed the open space plantings per your request and according to the approved plan. On Wednesday March 10th we met onsite and reviewed all the open space plantings and the wetland mitigation planting area. At the time you had requested that we install a split rail fence between lot 34 and open space tract D. On or around March 19, 2010 I notified you that the split rail fence had been installed and requested that you visit the site to verify. It is Westcott's desire to close out these items to the City's satisfaction. Regarding the Open Space plantings in Tract's A, C, D according to the Jay Group plan approved on 11/19/2009, l recommend that the 2 year maintenance be calculated from 4/1/2010 and I have attached paid invoices from the most recent watering and maintenance conducted by Premiere Concepts, Inc. to verify current maintenance. Regarding the Wetland Buffer Mitigation Planting, please find the attached from Sewall Wetland Consulting. They visited the site on Tuesday 10/19/2010 and subsequently provided the attached report. I recommend that the report be accepted as sign-off of initial planting and that the S year monitoring and maintenance period begin as of" 10/19/2010. I also attached a copy of our signed contract for the S year monitoring and maintenance with Sewall Wetland Consulting. Please review and provide comments or provide guidance as to next steps to initiate these prescribed maintenance periods. Thank you, Kerek R. Edwards VP of Land Acquisition and Development Westcott Homes October 7, 2010 Kerek Edwards Langley Ridge at May Creek, LLC 19515 North Creek Parkway #300 Bothell WA 98011 RE: Wetland Seivices -Langley Ridge at May Creek-Wetland Buffer Mitigation Monitoring DearKerek, Thank you for considering Sewall Wetland Consulting, Inc. to provide wetland ntitigation monitoring services on the project known as Langley Ridge at May Creek in the Gty of Renton, Washington. Our srope of services described in this proposal includes an Installation Sign-off and Monitoring. All other work will be completed under a separate agreement or will be an extra to this proposal. With receipt of !he signed proposal, we will schedule !he fieldwork date. As requested we can start this project as soon as authorized to meet the November 1, 2010 start date deadline. We look forward to working with you. Please call if you have any questions. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall President Enc. Project Agreement PROJECT AGREEMENT TIIIS AGREEMENT is made and enlered into on October 7, 2010, by SEW ALL WETLAND CONSULTING, INC (SWq, 27641 Covington Way SE #2, Covington WA 98042, (Phone 253--859--0515) and Kerek Edwards Langley Ridge At May Creek LLC 19515 North Creek Pkwy #300 Bothell WA 98011 Phone: 425.485.15!(1 Cell: 425.330.8579 Fax: 425.485.1597 email kedwanis@westcotthornes.com Project Name: Langley Ridge at May Creek -Wetland mitigation area Jurisdiction: Oty of Renton For this Agreemen~ project boundaries are identified by the Oient based on: U Survey U Knownpropertyoomers U Adjacent developmen~ fences, etc U Site walk with Oient or client's agent l\'>Informal parcel map ( r,c. . r ) 1.0 SCOPE OF SERVICES: 1.1 INST ALLA TI ON SIGN OFF -Wetland mitigation area SK-1 1.1.1 Conduct one field visit lo document project compliance with approved Final Mitigation Plan. Prepare a letter for submittal lo the agency detailing the status of the restoration enhancement site at the time of completion of installation. If the installation is not in compliance with the plan, all additional services will be completed as Extra Services lo !his Agreement 1.2 MONITORING 1.2.1 Provide mitigation monitoring as required by the agency. Extreme events affecting the mitigation area may require additional site visits, reports, and/ or ageocy coordination. 1.2.2 Assist client with bond releases. 1.2.3 Year One-Four site visits and four reports. Year Two through Year Five-One site visit and one report per year. 2.0 PAYMENT 2.1 All work will be billed on an hourly basis according to the standard hourly rates in effect at the time the work is performed, plus expenses. Fees identified below are fixed fees. 2-1.1 Fees: 1.1 INSTAILATIONSIGN OFF ESTIMATED PROJECT FEE: Fixed Fee 1.2 MONITORING FIXED FEE: Year One: Per Year :Year Two thru Five: RE: Langley Ridge at May Creek Selvall Wetland Consulting. Inc October 7, 2010 Page2ol4 $600 $1,500 $1,200 2.1.2 The attached cover letter dated October 7, 2010, is considered part of this contract 2.13 Payment is due with semi-monthly progress invoices. Retainer, if any, will be applied to first invoice. All payments shall be due on receipt of invoice. A late payment fee of 15% per annum will be charged on the balance more than 30 days past due calculated from the date of invoice. 2L 4 This Project Agreement is with the client payment is not dependent upon fee payment by others or other financial agreements between the client and another party. l 15 In the event that the client suspends or term.inafe;; work prior to completion of this agreement, client shall pay Sewall Wetland Consulting, Inc. for work performed through the date of written notification of suspension or termination of work at the standard hourly rates in effect at the time the work was performed_ 21.6 If the Oien! does not provide payment for services in 90 days, Sewall Wetland Consulting, Inc. will be furred to take legal action. Oient will reimburse SWC for any legal expenses procured in the collection of monies past due. 3.0 EXTRA SERVICES Service;, which will be performed on an hourly basis, include: Additional meetings with agency or with client including on-site meetings to discuss findings, methodology or approach to project design beyond the initial review with client or agent Revision of the report due to clienfs alteration of scope of work.. Additional work as required by client and not covered under separate contract Sewall Wetland Consulting is available for additional services including: Coordination with client or clienfs agent rega.-ding site design. Coordination with the COE to determine development feasibili!y. Preparation of permits, mitigation plans or other wetland services. 4,0 ADDIDONAL AGREEMENTS 4.1 Sewall Wetland Consulting does not guarantee approval of the determination or delineation by any governmental agency. Wetland delineations are performed in accordance with the information and agency criteria and policies in place at the time of the study. Professional inlerpretation may vary depending on field indicah)rs, time of year, long-term climatic conditions, and accuracy of supporting technicaI data from other professions (soils, engineering, survey, etc.). The delineation will be performed in aocordance with Federal guidelines and local agency guidelines in effect at the time the work is performed. The U.S. Army Corps of Engineers and the local agency will certify the accepted wetland edge aocording to its interpretation of its criteria RE: Langley Ridge al May Creek Sewall Wetland Coosulting.. Inc Octobe,-7, 2010 Page3d-4 4.2 The agency requires that Sewall Wetland Consulting confirm that it has seen the entire property proposed fur development by the Oient in his development application. Tltis Project Agreement assumes that the property identified for investigation by the client encompasses the entire property proposed for development by the Oient Further. this Agreement assumes that the Oient can dearly identify the project boundaries to Sewall Wetland Consulting, Inc. If the property boundaries have not been surveyed or are not clearly apparent by fences, ditches, roads or adjacent developments, SWC makes no warrant as to the accuracy or completeness of its field investigation. 4.3 The agency requires that off-site wetlands or streams whose buffers may extend onto the project site be identified and dassified. If the Oient supplies SWC with written or verbal permission from off-site landowners to investigate their property, SWC will conduct an investigation of the off-site property, documenting findings for the distance required by the agency-Data will be collected to establish the probable rating of the off-site wetland or stream_ No flagging or permanent marking will be placed on the off-site property. The off-site stream investigation will be limited to a single site observation and a review of publicly available agency information. · If permission to enter the off-site properties is not gained by the client SWC will make visual observations from the client's property and any other public access points, which may be available to SWC Sewall Wetland Consulting, Inc. will document its methods for off-site wetlands or streams, the probable rating and buffer width of the wetland or stream, and the possible impact of buffer on the client's property. SWC makes no warrant as to the accuracy or completeness of determinations made without being physically present on the off-site properties. 4.4 The Oien! is responsible for providing Sewall Wetland Consulting, Inc. a description of the property, its locations, and site conditions, which could impact our work The Oien! also must advise Sewall Wetland Consulting, Inc. of the location and nature of any known or suspected hazBrds that may exist on the property. The Oient must advise Sewall Wetland Consulting, Inc., prior to commencement of our work, of any special requirements for site entry or any other required permission. If the Client does not own the property, the Oientwill obtain permission for right-of-entry for the purpose of accomplishing our services. Sewall Wetland Consulting, Inc. will take reasonable precautions to minimize damage to the property_ In the normal course of exploratory work some surface or vegetation disruption may oa:ur. Restoration of the site is not part of this agreemen~ unless specifically indicated in the scope of services for our work. The Oien! will notify SWC at the time of contract agreement of any livestock or pets, which may be at the project site_ The livestock or pets will be removed from the study area, or securely controlled by the Oient Sewall Wetland Consulting, Inc. will provide the Oien! twenty-four hours advance notice of fieldwork to enable the Oien! to control the animals. 4.5 SWC does not guarantee approval of the mitigation plan by any governmental agency. Mitigation design standards have not been adopted by the reviewing agency (ies); therefore mitigation design plans are developed in accordance with the information and agency policies as they are available at the time of the design. Individual agency plan reviewers may apply personal standards fur approval over which SWC has no control 4.6 The Oien! shall indemnify and hold harmless SWC Wetland Consulting, Inc. and its officers, directors, employees, and subcontractors from and against all daims and actions, including reasonable attorney's fees, based on or arising out of damages or injuries to persons or property caused by error, omission. or negligent act of the Oien! or any of its agents, sulx:ontractors, and employees in the performance of services hereunder, subject to any limitations, other indemnifications, or other provisions to which the client and Sewall Wetland Consulting, Inc. have agreed. RE: Langley Ridge at May Creek Sewall Wetland Consu1ting. Inc October 7, 2010 Page4 of 4 4.7 Neither party shall be responsible or be held liable ro the other for consequential damages, including but not limited to loss of proli~ loss of invesbnent, loss of product, or business interruption. The liability of Sewall Wetland Consulting, Inc. to the Client shall be limited to SWCs fee or to $50,CXXJ, whichever is less. 4.8 SWC will not provide services with regard to the detection,. removal, or disposal of hazardous substances. The Owner shall have the sole responsibility for investigating the existence and location of hazardous substances at the project site and will furnish all tests, inspections, reports, warnings, notices, or postings required by law regarding hazardous substances. 4.9 There are no othe, understandings or agreements between Oien! and Sewall Wetland Consulting, Inc. except as herein expressly stated. SEWALL WETLANDCONSW..TING,INC. EDGAR KSEWALLIII President ,,.,,,.,.- File: Jean/Pas-March 2010/langley Ridge -Wetland PA.doc t,VIC,tLCs-,;/J # / ~~ Langley Ridge at May Creek LLC DATE: /o ;;~ /,.., • __ ,. I \ ,--------- ' NOJ.Nlli -AO J...LIJ ail"i • U&'id l:>Ll!l'-'Pid j I _ . .I --·----------- \ ,, ' --I I '::'':-' I ,~ --'.~j . ,. . I I -I .. --~-----------j I • 1920 Grand Avenue Everett, WA 98201 Phone #(425)252-6097 Fax #(425)252-6208 Bill To Westcott Homes Accounts Payable Dept. 19515 North Creek Parl<way, Suite 300 Bothell, WA 98011 . Description Langley Ridge Wetland Maintenance: L-1 and L-2 (2 yrs) Year One Wetland Maintenance -partial billing 3'1 u'1-'-lv v" f>Lpl J,' -· p t,,,-t,'-f ':) ,,.,,_ lv-.!17./-c,,NPL-H4/-. /)-JCT""..,..."~.,, o/· ,-.-~ {..fl.ML, (. {. c... \ -~c "Is(," Subtotal Sales Tax Total Invoice Date Invoice# 9/21/2010 6779 Project Langley Ridge ... Amount 800.00 $800.00 (9.5%) $76.00 $876 DO Balance Due $876.00 1920 Grand Avenue Everett, WA 98201 Phone #(425)252-6097 Fax #(425)252-£208 Bil/To Westcott Homes Accounts Payable Dept. 19515 North Creek Parkway, Suite 300 Bothell, WA 98011 Description Langley Ridge Wetland Maintenance: SK-1 Edlund (5 yrs) Year One Wetland Maintenance -Partial billing 3"\0'-t-'-!uV..> l><-i'' "- U-M(., LC V ~ ~~ . ' ) ,.,(9 (11, ~ - ..,.I'.'-~ r·1 _ f . µ,c+ l-f-41-,........ ,..._.-1,,..-I-- Subtotal Sales Tax Total Invoice Date Invoice# 9121/2010 6778 _- Project Langley Ridge ... Amount 400.00 $400.00 (9.5%) $38.00 $438.00 Balance Due $438.00 I 1920 Grand Avenue Everett, WA 98201 Phone #(425)252-6097 Fax #(425)252-6208 Bill To Langley Ridge at May Creek HOA 19515 North Creek Pancway, Suite 300 Bolhelf, WA 98011 Desaiption ' Langfeu -· ~:_.:ring Creek: Welland Summer Watering per Bid August 3: watering ) Augu51 13: watering August 18: watering . / ' Augu5126: watering,/ ~ ~ J'i.;'1-(770 tfu A-J.,.., ,.;, s--.w-,~ L <.-<.. ~~ f:,/s1(10 Invoice Date Invoice# 9/1/2010. 6738 Project Langley Ridge aL. -Amount 200.00 200.00 200.00 200.00 200.00 ~+ M r.-.;,,;,v«-,_ Subtotal $1,000.00 Sales Tax (9.5%) S95.00 Total $1,095.00 Balance Due $1,095.00 1920 Grand A venue Everett, WA 9820 I Bi11To Westcott Homes Accounts Payable Depl 19515 North Creek Parkway, Suite 300 Bothell, WA 98011 Description Langley Ridge at May Creek: Per Bid: Repair irrigation system in Wetland by Edlund Per Bid: Supply labor and materials for repair of landscape at wetland buffer by Edlund Per Bid: Supply labor and materials for landscape of open space mitigation by the Jay Group Subtotal . Sales Tax e,u,l._ 0 0 ( 2s-Total 9ay I /' Invoice Date Invoice # 3/17/2010 6453 Project Langley Ridge at. __ Amount 672.00 1,587.00 4,793.00 $7,052.00 (9.5%) $669.94 $7,721.94 ~ 3f;.-to Balance Due $7,721.94 /?,.,, ..-,1.,,.. V S "-(. l.c. f>/.J..,,.;,_ p ~ .3 / 2, ft > • -·----------- After Recording, Return to: Nanci Lambert Northwest Trustee Services, INC. P.O. Box997 Bellevue, WA 98009-0997 File No.: 7338.20259 Grantors: Northwest Trustee Services, Inc. Seattle Savings Bank CITY OF RENTON l~OV 2 0 2008 j,<b- Rr.cEivt:o CITY CLERK'S OFFICE Grantee: Langley Development Group, Inc., A Washington Corporation Tax Parcel ID No.: 102305-9385-02; 102305-9015-00; 102305-9036-05; 102305-9070-02; 102305- 9098-00; 102305-9123.09; 102305-9125-07; 102305-9176-05; 102305-9291-05 Abbreviated Legal: PTN El/2, SWl/4, NWl/4, SEl/4, SECIO, T23N, R5E; SW SE 10-23-5; LOT 1, KCSP NO. 480111, REC. NO. 8206180434; LOT 1, SHORT PLAT 480111; El/2 SWJ/4 NWl/4 SWl/4 SEl/4 SEC 10, TWN 23N R5E; TRACT B SPL 7601130712; SW SE 10-23-5; LOTS 1-2 SHORT PLAT, REC 8206180434; SEC. 10, T23N, R5E, NW/4 SE/4; TRACT B, SHORT PLAT 1274035, REC. 7601130712 AND TRACT A SHORT PLAT 1274035, REC. 7601210467 Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On February 13, 2009, at 10:00 a.m. outside adjacent to the south entrance to 3535 Factoria Blvd SE, in the City of Bellevue, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property ''Property0 , situated in the County( ies) of King, State of Washington: The Property is described with more particularity in "Exhibit A", attached hereto and incorporated by this reference Commonly known as: Vacant Land Renton, WA 98059 which is subject to that certain Deed of Trust dated 08/22/05, recorded on 08/31/05, under Auditor's File No. 20050831000904; Modification Recorded 6/29/2007 with Instrument No. 20070629002658, records of King County, Washington. from Langley Development Group, Inc, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation "Obligation" in favor of Seattle Saving Banlc, as Beneficiary. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. II. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the Obligation in any Court by reason of the Grantor's or Borrower's default on the Obligation. III. The Beneficiary alleges default of the Deed ofTrust for failure to satisfy the loan upon maturity and pay the following amounts and/or other defaults: Unpaid Principal Balance, Due and Payable on February I, 2008 Additional Advance Interest from 9/1/07 to 8/31/08 @Note Rate Interest from 9/1/08 to 11/11/08 @Note Rate Prior Accumulated Late charges: Additional Fees Interest from 6/30/07 to 11/11/08 @Note Rate Additional Advance Late Fees Additional Advance Fees Deposit Account Checks covered by SSB Deposit Account Checks covered by SSB Total Arrearage Trustee's Expenses (Itemization) Trustee's Fee Title Report Statutory Mailings Recording Costs Postings Total Costs Total Amount Due: $7,864,250.09 $16,086.26 JV. Amount due to satisfy by I l/11/2008 $6,702,603.28 $300,000.00 $524,446.76 $89,554.06 $28,383.23 $57,066.60 $30,887.72 $1,328.64 $2,250.00 $41,653.63 $86,076.17 $6,750.00 $9,223.58 $40.18 $15.00 $57.50 $7,880,336.35 The sum owing on the Obligation is: Principal Balance of $6,702,603.28, together with interest as provided in the note or other instrument evidencing the Obligation from 09101107, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied regarding title, possession, or encumbrances on February 13, 2009. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by before the sale to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale, the default(s) as set forth in paragraph Ill, together with accruing interest, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded jWlior lien or encumbrance paying the entire balance of principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address( es): NAME AND ADDRESS Langley Development Group, Inc. 6450 Southcenter Blvd. #106 Seattle, WA 98188 C. Thomas Foster, Guarantor 20840 Southeast ! 18th Place Issaquah, WA 98027 Gerald L. Stump, Guarantor 6450 Southcenter Blvd. #106 Seattle, WA 98188 Unknown Spouse and/or Domestic Partner of Gerald L. Stump 28069 Southeast 258th Street Ravensdale, WA 98051 C. Thomas Foster, Guarantor 6450 Southcenter Blvd. #106 Seattle, WA 98188 Gerald L. Stump, Guarantor 28069 Southeast 258th Street Ravensdale, WA 98051 Unknown Spouse and/or Domestic Partner ofC. Thomas Foster 20840 Southeast ! 18th Place Issaquah, WA 98027 by both first class and either certified mail, return receipt requested on 10/07/08, proof of which is in the possession of the Trustee; and on 10/07/08 Granter and Borrower were personally served with said written notice of default .Q! the written notice of default was posted on a conspicuous place on the rea1 property described in paragraph I above, and the Trustee has possession of proof of such service or posting. VII. The Trustee, whose name and address are set forth below, will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee's fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Grnntor and all those who hold by, through or under the Grantor of all their right, tide and interest in the Property. IX. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 6I.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale. X. NOTICE TO OCCUPANTS OR TENANTS -The purchaser at the Trustee's Sale is entitled to possession of the property on the 201h day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the deed of trust, including occupants and tenants. After the 20lh day following the sa1e the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW. XI. Notice to Guarantors -(1) Guarantors may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust; (2) Guarantor have the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustees sale; (3) Guarantors will have no right to redeem the Property after the trustee's sale~ (4) Subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be conunenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) In any action for a deficiency, the guarantor will have the right to establish the fair value of the Property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus inlerest and costs. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA~ForecJosure.com. EFFECTIVE: 11/11/2008 STA TE OF WASHINGTON COUNTY OF KING ) ss. ) ( orthwest Trustee Ser Bellevue, WA 98009-0997 Contact: Nanci Lambert (425) 586-1900 I certify that I know or have satisfactory evidence that Nanci Lambert is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrwnent and acknowledged (he/she) as the Assistant Vice President of Northwest Trustee Services, Inc. to be the free and voluntary act of such party for the uses and pwposes mentioned in the instrument. Dated: November 11, 2008 MtUY Mll'II-nno,, .. uw NOTMVPl*IC fllfCIC rNllettlJU IU ~12 NORTHWEST TRUSTEE SERVICES, INC., SUCCESSOR BY MERGER TO NORTHWr.sT TRUSTEE SERVICES PLLC FKA NORTHWEST TRUSTEE SERVICES, LLC, P.O. Box 997, BELLEVUE, WA 98009-0997 PHONE (415) 586-1900 PAX (415) 586- 1997 FIie No: 7338.20259 Client: Seattle Savings Bank Borrower: Langley Development Group, Inc. -Honeybrook Parcel A: EXHIBIT A (Description of Property Encumbered by the Deed of Trust and/or Related Security Interests) Lot 2 of King County Short Plat No. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington; Except the East 11 feet of the North 80 feet. Parcel B: The North 97.39 feet of the Easterly 206.01 feet, as measured along the North line, of the North half of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Except the East 30 feet for County Road; Together with the East 11 feet of the North 80 feet of Lot 2 of King County Short Plat No. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington. Parcel C: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, Except the East 30 feet thereof. Parcel D: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 8204090283, in King County, Washington. Parcel E: The West half of the West half of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Together with the West 25 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East., in King County, Washington; Except the North 90 feet thereof. Parcel F: A non-exclusive easement for ingress and egress over the South 15 feet of the South half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Except that portion lying within Parcel A; and except that portion lying within 142nd Avenue Southeast. Parcel G: Those portions of Section JO, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: The West 25 feet of the North 90 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; and the North 90 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast; Except the West 25 feet thereof. Parcel H: A non-exclusive easement over the South 15 feet of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; Except the West 333.20 feet; And except the East 30 feet thereof; And except any portion thereof lying within Parcel A. Parcel 1: A portion of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section JO, Township 23 North, Range 5 East, W.M., in King County, Washington described as follows: Commencing at the Northeast corner of said Subdivision; thence North 88 degrees 20'43" West, along the North line of said Subdivision, a distance of30.0l feet to the true point of beginning; thence continuing along said North line a distance of275.61 feet to the East line of the West 25 feet of said Subdivision; thence South O degrees 10'02" West, along said East line, a distance of329.43 feet to the South line of said Subdivision; thence South 88 degrees 20'52" East, along said South line, a distance of275.51 feet to the West line of the East 30 feet of said Subdivision; thence North O degrees 11'06" East, along said West line, a distance of30.01 feet; thence North 88 degrees 20'52" West a distance of 100.03 feet; thence North O degrees 11 '06" East a distance of99.03 feet; thence North 88 degrees 20'52" West a distance of82.49 feet; thence South O degrees 10'02" West a distance of 99.03 feet; thence North 88 degrees 20'52" West a distance of 73.02 feet to the East line of the West 45 feet of said Subdivision; thence North O degrees 10'02" East, along said East line, a distance of 177.38 feet to the South line of the North 122 feet of said Subdivision; thence South 88 degrees 20'43" East, along said South line, a distance of255.56 feet to the West line of the East 30 feet of said Subdivision; thence North 0 degrees 11 '06" East, along said West line, a distance of 122.04 feet to the true point of beginning. Parcel J: Lot I of King County Short Plat No. 480111, recorded June 18, 1982 under Recording No. 8206180434, Records of King County, Washington. Parcel K: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the East 30 feet thereof. Parcel L: The East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 230 feet thereof; Also except the West 25 feet thereof; Together with the West 10 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 230 feet thereof; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel M: A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the East 30 thereof. Parcel N: Tract B of Short Plat No. I 274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel 0: A non-exclusive easement for ingress and egress as delineated on Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel P: The South 140 feet of the North 230 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the West 25 feet thereof, and the West 25 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 90 feet and Except that portion of the West 10 feet lying South of the North 230 feet of said Subdivision; All in Section I 0, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel Q: A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian in King County, Washington. Except the East 30 feet and the West 25 feet thereof; Situate in the County of King, State of Washington. ALSO KNOWN AS:LOTS 1 THROUGH 51, INCLUSIVE, AND LOT A, HONEY BROOKE WEST AKA SAGECREST, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 246 OF PLATS, PAGES 87-90, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THAT PORTION LYING WITHIN TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467 BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 7601130712, IN KING COUNTY, WASHINGTON. TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Granter now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access to the Property, and all tenements, hereditaments and appurtenances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Granter, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores ofland adjacent to or used in connection with the Property; TOGETHER WITH all right, title and interest of Granter in and to all personal property (the "Personal Property") now or hereafter owned by Granter and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, window or structural cleaning rigs, maintenance, and all other equipment of every kind), lobby and all other indoor and outdoor furniture, rugs, carpets, and other floor coverings, all inventory related to the Grantor's operation of the Property and any business operated thereon by Granter, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Granter as lessee of any Personal Property; TOGETHER WITH all right, title, and interest of Granter in the funds deposited pursuant to Section 1.6 or Section 1.7 of the subject Deed of Trust; TOGETHER WITH all the estate, interest, right, title, other claim or demand, which Granter now has or may hereafter acquire in the Property, including all unearned premiums under insurance policies now or hereafter obtained by Granter, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accounts, deposits, instruments, general intangibles, notes or chattel paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title-and other • insurance and proceeds received pursuant to any sales or rental agreements of Grantor in respect to the Property, all refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encumbered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the talcing by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WITH any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the "Leases"); TOGETHER WITH any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WITH the immediate and continuing right to collect and receive all of the rents, fees, charges, accounts, income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Grantor may now or shall hereafter (including any income of any nature coming due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof, including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities, minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles related to the Grantor's operation of the Property and any business operated thereon by Grantor and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which Granter may have against any tenant under the Leases or any subtenants or occupants of the Properly and all proceeds payable as a result of the Tenant's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any kind that Grantor may have against Tenant under the leases or any occupancy of the Property {all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any governmental authority or to any other person, firm or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficiary to Grantor, but limited as hereinafter provided, to collect and receive all of Cash Collateral. TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any Improvements; TOGETHER WITH all of Grantor's rights under any payment, performance or other bond in connection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in connection with the construction of Improvements wherever actually located. All architectural drawings, plans, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETHER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in connection with operation or development of the Property, deposits, bank accounts, contract rights, accounts, general intangibles (including without limitation trademarks, trade names and. symbols), permits, licenses, franchises and certificates; TOGETHER WITH all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Grantor fluids to repay the Beneficiary or improve the Property and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property, TOGETHER WITH all governmental permissions, environmental clearances, authority to subdivide the Property, rights, licenses and permits as are necessary for the commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITH all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate". Any terms used in this description that are not defined herein shall be defined as those are defined in the Deed of Trust. • t" .>\ .. •• v~e;. -· \ at, : /t/t,f,"f :11 ... _,~." ,9,., f '".2.(7::~'-, ~, ::L De~.aw:.~."~or Department of Community and Economic Development Alex Pietsch, Administrator July 21, 2008 Mr. Tom Foster Langley Development Group 6450 Southcenter Blvd. #106 Seattle, WA 98188 Subject: Requirements for the Langley Ridge Wetland Restoration Project City of Renton File LU A 07-059 Dear Mr. Foster: City staff reviewed your wetland restoration, maintenance and monitoring plan in February 2007 and have requested final action be taken. The latest request was made on April 10, 2008 and as of the date of this letter final action has not been taken. Per Renton's critical areas ordinance the following items are still outstanding: • A Maintenance and Monitoring Contract: A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract. The draft contract language must ensure compliance with both the performance standards of approved the restoration plan as well the maintenance and monitoring standards of the Renton Municipal Code: RMC 4-8-120D23vii "The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years." RMC4-3-050G2 "Time Period-Wetlands, Streams, and Lakes: For wetland and/or stream/lake mitigation plans, the surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by pennit condition perform satisfactorily for l! minimum of five (5) years after they have been completed". (Ord. 5137, 4-25-2005) The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of5 years". This includes fences and signs as well. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. After plantings have been installed, your biologists are required to submit as-built plans, or a certificate of installation, which, once approved by City Staff, will constitute the beginning of your five-year monitoring period. 1055 South Grady Way -Renton, Washington 98057 {;r(<' • If these items are not submitted to the City by August 15, 2008, this matter will be forwarded on to our Code Compliance Division. If you have any questions about the wetland restoration, maintenance and monitoring process, please contact me at (425) 430-7219. Sincerely, ,/ Rocale Timmons, Associate Planner Community and Economic Development cc: City of Renton File LUA 07-059 Darrell Offe, Offe Engineers Simone Oliver, Altmann Oliver, LLC Jennifer Henning, Pla1ming ;\.,1anagcr Paul Baker, Lead Code Compliance Officer . ' ~18«2f+ CIT1 -:>F RENTON Department of Community and Economic Development Alex Pietsch, Administrator April 10, 2008 Mr. Tom Foster Langley Development Group 6450 Southcenter Blvd. #106 Seattle, WA 98188 Subject: Requirements for the Langley Ridge Wetland Restoration Project City of Renton File LLA 07-059 Dear Mr. Foster: City staff reviewed your wetland restoration, maintenance and monitoring plan in February 2007 and as of the date of this letter final action has not been taken. Per Renton's critical areas ordinance the following items are still outstanding: • Three copies of plan sheets and wetland maintenance and monitoring rep01i. Andrea Petzel, project manager, reviewed email submittals from you biologist. but has not received final copies. These arc still subject to final review and approval. • A Maintenance and l\lonitoring Contract: A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract. The draft contract language must ensure compliance with both the performance standards of approvecj the restoration plan as well the maintenance and monitoring standards of the Renton Municipal Code: RMC 4-8-120D23vii "The compensation project shall be monitored for a period necessar, to '"tahlish that performance standards have been met, hut not for a pcnod less than live I 5) years." RMC4-3-0SOG2 "Time Period -Wetlands, Streams, and Lakes: For wetland ancllor stream/lake mitigation plans, the surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by permit condition perfom1 satisfactorily for l! minimum of five (5) vcars after they have been completed". (Ord. 5137, 4-25-2005) The scope of the contract must clearly coYcr the cost of plant mointenance and rep/acemenr as well. The language in the contract must, also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years". This includes fences and signs as wdl. The contract must include quarterly monitoring reports lor the first year and annual -------l-05_5_S_o_ut_h_G_ra_d_y_W_a_y~--R-en_t_on-,-W-a-sh-in_gt_o_n-98-0-57 _______ ~ @ Th;s paper contains 50''/o recycled material, 30% post C011surner AHEAD OF TH.E CURVE .i reports thereafter. The draft contrnct must be followed up with a final signed contract once the City approves the draft version. After plantings have been installed, your biologists are required to submit as-built plans, or a certificate of installation, which, once approved by City Staff, will constitute the beginning of your five-year monitoring period. If you have any questions about the wetland restoration, maintenance and monitoring process, please contact Jennifer Henning at (425) 430-7286. Sincerely, NeJ watti Neil Watts, Director Development Services Division cc: -~~A07-059 Darrell Offe, Offe Engineers Simone Oliver, Altmann Oliver, LLC Jennifer Henning, Planning Manager CITY OF RENTON MAY O 6 2008 RECEIVED CITY CLERK'S OFFICE t t; WA-07-CJ'5q Ut!-r-o1-Ob 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING In the Receivership of: LANGLEY DEVELOPMENT GROUP, INC , a Washington corporation NO. 06-2-35218-1 SEA NOTICE FOR HEARING SEATTLE COURTHOUSE ONLY (Clerk's Action Required ) (NTHG) TO: THE CLERK OF THE COURT and to all other parties listed on Page 2: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: May 14, 2008, 8:30 a.m. Day of Week: Monday Nature of Motion: Receiver's Motion for Supplemental Order Approving Employment of Foster Pe er PLLC CASES ASSIGNED TO INDIVIDUAL JUDGES -Seattle If oral argument on the motion is allowed (LR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. Working Papers: The judge's name, date and time of hearing must be noted in the upper right corner of the Judge's copy. Deliver Judge's copies to Judges' Mai/room at C203. [X] Without oral argument (Mon -Fri) [ ] With oral argument Hearing DateiTime: May 14, 2008, 8:30 a.rn. Jud e's Name: Honorable Susan J. Crai head Trial Date: 4/21/2008 CHIEF CRIMINAL DEPARTMENT-Seattle in E1201 ] Bond Forfeiture 3:15 pm, 2"" Thur of each month [ ] Certificates of Rehabilitation-Weapon Possession (Convictions from Limited Jurisdiction Courts) 3:30 First Tues of each month CHIEF CIVIL DEPARTMENT -Seattle·· (Please report to W1060 for assignment) Deliver working copies to Judges' Mai/room, Room C203. In upper right comer of papers write "Chief Civil Department" or judge's name and date of hearing [ ]Extraordinary Writs (Show Cause Hearing) (LR 98.40) 1 :30 .m. Tues/Wed -re art to Room W1060 [ ]Supplemental Proceedings (1 :30 pm Tues/Wed)(LR 69) [ JDOL Stays 1 :30 pm Tues/Wed [ ]Motions to Consolidate with multiple judges assigned (witho oral argu ) (LR 40(a)(4)) Non-Assigned Cases: [ ] Non-Dispositive Motions M-F (without oral argument). [ ] Dispositive Motions and Revisions (1 :30 pm Tues/Wed) [ ] Certificates of Rehabilitation (Employment) 1 :30 pm Tues/Wed LR 40 2 B t your residential address where you agree to accept legal documents. Sign: Print/Type Name: Terrance J. Keenan WSBA # 38295 (if attorney) Attorney for: Plaintiff Address; Foster Pepper PLLC, 1111 Third Ave, #3400 City, State, Zip Seattle, WA 98101-3299 Telephone: (206) 447-5145 Date: 5/5/2008 DO NOT USE THIS FORM FOR FAMILY LAW, EX PARTE OR RALJ MOTIONS. NOTICE FOR HEARING . Seattle Courthouse Only ICSEA031407 50838982 www.metrokc.gov/kcscc/forms.htm Page 1 LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE SEE EXHIBIT A (MAILING LIST) ATTACHED HERETO IMPORTANT NOTICE REGARDING CASES Party requesting hearing must file motion & affidavits separately along with this notice. List the names, addresses and telephone numbers of all parties requiring notice (including GAL) on this page. Serve a copy of this notice, with motion documents, on all parties. The original must be filed at the Clerk's Office not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance). THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY. The SEATTLE COURTHOUSE is in Seattle, Washington at 516 Third Avenue. The Clerk's Office is on the sixth floor, room E609. The Judges' Mailroom is Room C203. NOTICE FOR HEARING -SEA TILE COURTHOUSE ONLY ICSEA031407 Page 2 Washington Dept L&I 616 120th Ave NE #C201 Bellevue WA 98005-3037 G& G Inc. 18044 SE 224th Street Kent WA 98042 Frontier Construction POB 7570 Covington WA 98042 Edlund and Associates 15005 SE 171 st Street Renton WA 98058 City of Renton Finance Department 1055 South Grady Way Renton WA 98057 Internal Revenue Service 915 Second A venue Seattle WA 98174 City of Renton 1055 South Grady Way Renton WA 98057 King County Department of Assessments 500 Fourth Ave #ADM-AS-0708 Seattle WA 98104 Langley Development Group, Inc. c/o Diana K. Carey Karr Tuttle Campbell 1201 Third A venue, Suite 2900 Seattle, WA 98101 )904287. 1 Washington DOR 2101 4th Avenue #1400 Seattle WA 98121-2300 Western Asphalt, Inc. c/o Bryan P. Coluccio Cable, Langenbach, Kinerk & Bauer, LLP 1000 Second Avenue, Suite 3500 Seattle, WA 98 l 04-l 048 Frontier Bank 5602 15th Avenue NW Seattle WA 98107 Statewide Parking Lot Service Inc. 33920 211 th Pl SE Auburn WA 98092 Washington First International Bank c/o Michael J. Gearin K&L Gates 925 Fourth Avenue, Suite 2900 Seattle, WA 98 l 04-1558 C. Thomas Foster 20840 SE I 18th Street Issaquah WA 98027 City of Renton Department of Development Svcs. 1055 South Grady Way Renton WA 98057 Washington State Department of Ecology POB 47600 Olympia WA 98504-7600 William P. McArdel III 1826 I 14th Ave NE, Suite IO I Bellevue, WA 98004-3003 Seattle Savings Bank 190 Queen Anne Avenue N. Seattle WA 98109 King County Water District #90 15606 SE !28th Street Renton WA 98059-4540 SB! Developing, L.L.C. POB 73790 Puyallup WA 98373 Seattle Mortgage Company 190 Queen Anne Avenue N. Seattle WA 98109 Wilson Concrete Construction, Inc. POB 275 Enumclaw WA 98022 Gerald L. Stump 28609 SE 258th Street Ravensdale WA 98051 City of Renton Parks Department 1055 South Grady Way Renton WA 98057 Harbour Homes, Inc. c/o William L Bishop, Jr Bishop White & Marshall, PS 720 Olive Way Suite 1301 Seattle,, WA 98101-1834 Seattle Savings Bank c/o Barry J. Briggs Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Frontier Bank c/o David R. Riley Weinstein & Riley, P.S. 200 I Western A venue, Suite 400 Seattle, WA 98121 0904287. I SBI Developing, L.L.C. c/o David Scott Kerruish Attorney at Law PS 7016 35th Ave NE Seattle, WA 98115-5917 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation I. RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC RELIEF REQUESTED 17 Robert D. Steinberg, the general receiver of Langley Development Group, Inc. 18 ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 19 2008 (the "Receiver"), hereby seeks entry of a supplemental order approving employment of 20 Foster Pepper PLLC ("Foster Pepper") as counsel for the Receiver. 21 22 23 24 25 26 27 28 II. ST A TEMENT OF FACTS In its Order Appointing General Receiver dated March 28, 2008, this Court authorized and appointed Foster Pepper to act as attorneys for the receivership. Docket No. 375, ,i 14; Declaration of Terrance Keenan ("Keenan Deel."), ,i 2. The Court stated in the order that the parties acknowledged Foster Pepper's prior representation of Washington First International Bank ("WFIB") on matters unrelated to the receivership, and further acknowledged that Foster Pepper may continue to represent WFIB in the future. Docket No. 375, ,i 20; Keenan Deel., RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -I 50910851.2 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 5EAITLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'I[ 2. WFIB has waived in writing Foster Pepper's conflict of interest. Keenan Deel., 'I[ 2. Foster Pepper has served as counsel to the Receiver since this Court entered the order. Keenan Deel., 'If 3. Since the date of the order, Foster Pepper has further investigated conflicts of interest. Keenan Deel., 'If 4. Foster Pepper has discovered additional conflicts relating to three current clients of the firm: Harbour Homes, Inc. ("Harbour Homes"), Seattle Mortgage Company, and Norris Homes, Inc. ("Norris Homes"). Id. The conflicts arise because the firm would represent the Receiver concurrently with its representation of the three clients. Keenan Deel., 'I[ 5. Nevertheless, Foster Pepper has determined that the legal services that it would provide to the Receiver are completely unrelated to the services it has provided and will provide to the three clients, and that any confidential information that the three clients provide to the firm will not be related to the firm's work for the Receiver. Keenan Deel., 'I[ 6. The Receiver has consented in writing to waive the WFIB conflict and the conflicts relating to these three clients of Foster Pepper. Keenan Deel., 'I[ 7. Foster Pepper has represented and currently represents Harbour Homes in various real estate matters. Keenan Deel., 'I[ 8. Foster Pepper understands that Harbour Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Id. Harbour Homes has waived in writing the conflict of interest, subject to Foster Pepper's agreement that it will not represent either Harbour Homes or the Receiver in the event of litigation between those parties. Id. Seattle Mortgage Company is a secured creditor in the receivership proceedings. Keenan Deel., 'If 9. Foster Pepper has represented and currently represents Seattle Mortgage Company in various litigation matters. Id. Seattle Mortgage Company has waived in writing the conflict of interest. Id. RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -2 50910851.2 FOSTER PEPPER PLLC 1111 THumAVENUE, SUITE3400 SEATILE, WASHINGTON 98101~3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 Norris Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Keenan Deel., ~ I 0. Foster Pepper has represented and currently represents Norris in various real estate and litigation matters. Id. Norris has waived in writing the conflict of interest. Id. Foster Pepper has established ethical screens. Keenan Deel., ~ 11. Foster Pepper lawyers who perform services for the Receiver are screened from the other four clients of the firm. Id. The lawyers working for the other four clients are screened from the receivership matter. Id. III. STATEMENT OF ISSUE 12 Should the Court enter a supplemental order approving employment of Foster Pepper 13 as counsel for the Receiver? 14 IV. EVIDENCE RELIED UPON 15 The Receiver relies upon the evidence set forth in the Declaration of Terrance Keenan, 16 which has been filed herewith. 17 18 19 20 21 22 23 24 25 26 27 28 V. AUTHORITY With this Court's approval, the Receiver may employ attorneys that do not hold an interest adverse to the receivership estate to assist or represent the Receiver in carrying out his duties. RCW 7 .60.180(1 ). Attorneys are not disqualified for such employment solely because they are employed by, represent, or are otherwise related to a creditor of the estate or other party in interest so long as the relationship is disclosed in the attorneys' application for employment and the Court detennines that there is no actual conflict or inappropriate appearance of a conflict. RCW 7.60.180(2). A conflict of interest can be waived if the attorneys reasonably believe that they will be able to provide competent and diligent representation to each client that is affected by a conflict of interest, such representation is not prohibited by law, such representation does not involve assertion of claims by one client RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -3 50910851 2 FOSTER PEPPER PLLC 1111 THIRD AVENUE, 5UITE3400 5EATILE., WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 against the other in the same litigation, and each affected client consents in writing to such representation following disclosure of the material facts constituting the conflict. RPC 1.7(a), (b). Washington receivership law provides for Foster Pepper's representation of the Receiver in this case, where there is neither an actual conflict of interest nor an inappropriate appearance of a conflict. Foster Pepper's relationship with WFIB was disclosed prior to the Court's entry of its Order Appointing General Receiver on March 28, 2008. Since that time, Foster Pepper has identified additional conflicts with Harbour Homes, Seattle Mortgage Company and Norris Homes. Foster Pepper has disclosed the conflicts to the Receiver and the other affected entities and sought written waivers of the conflicts pursuant to RPC 1.7(a) 12 and (b). The Receiver, WFIB, Harbour Homes, Seattle Mortgage Company and Norris 13 Homes have all consented in writing to waive the conflicts. By this Motion, the Receiver also 14 seeks to give to the Court, and other parties in interest, notice of the conflicts and an 15 opportunity to object to the Receiver's employment of Foster Pepper. 16 17 18 19 20 21 22 23 24 25 26 27 28 VI. CONCLUSION The Receiver respectfully requests that this Court enter a supplemental order approving employment of Foster Pepper as counsel for the Receiver. DA TED this 5th day of May, 2008. FOSTER PEPPER PLLC Christopher M. Alston, WSBA #18823 Terrance J. Keenan, WSBA #38295 Attorneys for the Receiver RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -4 FOSTER PEPPER PLLC 1111 THIRD A VENUE, SUITE 3400 SEATI"LE, WASHINGTON 98101.J299 PHONE (206) 447·4400 FAX (206) 447·9700 50910&51.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation DECLARATION OF TERRANCE KEENAN IN SUPPORT OF RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPERPLLC TERRANCE KEENAN declares as follows: I. I am one of the Iav.-yers at Foster Pepper PLLC representing Robert D. Steinberg, the general receiver of Langley Development Group, Inc. ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 2008 (the "Receiver"). I have personal knowledge of the facts contained in this declaration and if asked to testify regarding the same would and could competently do so. 2. In the Order Appointing General Receiver, this Court authorized and appointed 24 Foster Pepper to act as attorneys for the receivership. The Court stated in the order that the 25 parties acknowledged Foster Pepper's prior representation of Washington First International 26 Bank ("WFIB") on matters unrelated to the receivership, and further acknowledged that Foster 27 Pepper may continue to represent WFIB in the future. WFIB has waived in writing Foster 28 DECLARATION OF TERRANCE KEENAN -1 S091 IB6.l FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATILE, WASHJNGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447~9700 I 2 3 4 5 6 7 8 9 Pepper's conflict of interest. A true and correct copy ofWFIB's waiver is attached hereto as Exhibit A. 3. 4. Foster Pepper has served as counsel to the Receiver since March 28, 2008. After March 28, 2008, Foster Pepper continued to investigate conflicts of interest, and has discovered conflicts relating to three current clients of the firm: Harbour Homes, Inc. ("Harbour Homes"), Seattle Mortgage Company, and Norris Homes, Inc. ("Norris Homes"). 5. The conflicts involving Harbour Homes, Seattle Mortgage Company and 1 o Norris Homes arise because the firm would represent the Receiver concurrently with its 11 representation of those three clients. 12 6. Foster Pepper has determined that the legal services that it would provide to the 13 Receiver are completely unrelated to the services it has provided and will provide to those 14 three clients, and that any confidential information that the three clients provide to the firm 15 will not be related to the firm's work for the Receiver. 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Receiver has consented in writing to waive a conflict involving WFIB as well as the conflicts involving Harbour Homes, Seattle Mortgage Company and Norris Homes. A true and correct copy of the Receiver's waiver is attached hereto as Exhibit B. 8. Foster Pepper has represented and currently represents Harbour Homes in various real estate matters. Foster Pepper understands that Harbour Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Harbour Homes has waived in writing the conflict of interest, subject to Foster Pepper's agreement that it will not represent either Harbour Homes or the Receiver in the event of litigation between those parties. A true and correct copy of Harbor Homes' waiver is attached hereto as Exhibit C. DECLARATION OF TERRANCE KEENAN -2 50911336.1 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATILE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 9. Seattle Mortgage Company is a secured creditor in the receivership proceedings. Foster Pepper has represented and currently represents Seattle Mortgage Company in various litigation matters. Seattle Mortgage Company has waived in writing the conflict of interest. A true and correct copy of Seattle Mortgage Company's waiver is attached hereto as Exhibit D. 10. Norris Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Foster Pepper has represented and currently represents Norris in various real estate and litigation matters. Norris has waived in writing the conflict of interest. A true and correct copy of Norris Homes' waiver is attached hereto as Exhibit E. 11. Foster Pepper has established ethical screens. The firms' lawyers who perform 13 services for the Receiver are screened from the other four clients of the firm, and the lawyers 14 who perform services for the other four clients are screened from the receivership matter. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Executed this 5th day of May, 2008 at Seattle, Washington. TERRANCE fil DECLARATION OF TERRANCE KEENAN -3 50911336.1 0 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEAITLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 Exhibit A ~ FOSTER PEPPER,uc VIA EMAIL Mr. Patrick J. Burke Senior Vice President Washington First International Bank 9709 Third Ave. N.E. Seattle, WA 98115-2015 April 15, 2008 Re: Request for Conflict Waiver f,,r DearP~k: Direct Phone (206) 447 -8915 Direct Facsimile {206) 749-2115 E-Mail bleyj@foster.com As you know, Foster Pepper PLLC has represented Washington First International Bank in various compliance matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate and the review of creditor claims against the estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Washington First International Bank is a secured creditor in the Receivership, and is being represented by Mike Gearin and K&L Gates. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Washington First International Bank, and any confidential information that Washington First International Bank provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1.7 because both Washington First International Bank and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Washington First International Bank or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC l.7(a) and (b). Since the Langley Receivership and the services we provide to Washington First International Bank are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Washington First International Bank or the Receiver. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for Washington First International Bank. TEL, 206.447.4400 FAX 206.447.9700 1111 THIRD AV"UE. SUITE HOO SEATTLE, WASHINGTON 98101,3299 WWW FOSTER.COM S0904236.I SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLAND OREGON Mr. Patrick Burke April 15, 2008 Page 2 Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this Jetter, and return a copy to me for our records via email or facsimile at (206) 749-2115. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, CONSENT TO W AIYER OF CONFLICT Washington First International Bank, Inc., has reviewed the letter of April 15, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Washington First International Bank, Inc., our representation of the Receiver will create an actual conflict of interest with Washington First International Bank, Inc. Washington First International Bank, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(l), (2), and (b). Moreover, Washington First International Bank, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Washington First International Bank, Inc., waives the conflict of interest and affirms it does not object to the Firm's representation of the Receiver in other unrelated matters. Sl)904236. I Dated this_ day of ____ , 2008. WASHINGTON FIRST INTERNATIONAL BANK,INC. By __ -c-------------- Patrick J. Burke Its Senior Vice President Mt.?a.trick3llde ;\ptit 1!. 'l.008 ""'' A«..i.td..l~g;[y, w~ ut. t~l :ou t-~:.,ier m.;:. ::c...tt!:' ~ evnroc':';l£ with W"f <_~ri 1.v'! a!10 it.Vite )011 t<3 Cffl'JIC(U\d.q,imlltf'.1 ~\J',I.U;-l!l i.' ,t .... ~1,d1r,, U'C.b ,.,,:i,,,..5",!i:i-t, wi.inr i, ~o;:riilhl. lf>011l:m. .. -c,ia .i;j1;.::t.:<ii1.we uY.~no::?Gu ,;p l"il1 l~'l!:l: . .a.n"I! 1i;:ttm a~tc, ~ for our rtCOrdJ w, ~ill =>r l).::~ifl:ile i[ {2Q~) 7'1fr-111!i. J1£R ?EPtEHl.LC rh 1L ::'l!.ey ~-ZIN'.k:gl(til.FLMli:ttffllllHOMl88.o.;.-, ln::, lm\•,i~ird ~ ltu~~ (;-fAJ~i!. 5, ~. fuln Tti!lct h.{lp!::t PLLC. {tbt "Fi:ni''), in ..,.bi.ch :h, I: ITT!! ~d.i~ its pr~puatll-r~t.'5!tlU..1lou or Rll'bc::n J. ~in'bf"l"..;.iu llucL,·.er fur UfiZb)., [C'i'elom1lC!lt Oro·~ fo.e. (th "Reccivc.'1. Due~ the Fhtr."s ~i,1i.ng riri,te501tl®.Oi'.l ~,:'lli':is:l"..r,.g1,:,r, E::~t htcm:i.t:O!AI i!:a.nk, lnc~ a.r rqr.e,~~1.(mc:R~l"W=r wtii i.;1~11..~ 11!1 ~.:,:;I:!.'. ~0i1.Jli,;1 r.l.!li:~~cw-ii.l! W~l\:!l5t,.,-_.fmt !nt,.r.rlio.,al :Sll:IL b~. Wa~in~mt f'ia:-;i frit:mMicnc.lE'h:.li(. J;u, (~::;1..1idiK thatt.1:t,:1,]ett"Cr com31n; S'.Jfficiw ~.:.!ON..""Cof ib~ m1,~61l fai;;; t:-.at ~.r-.1.W ihc mm:i roid!i~I of i!ltenst Al mt.an• bYI(\11~S C'lYtON$;l<-a:lli :;;m.:.o.c~ l, 7({•(:), {Z), K;-.;;. 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QU}-ifl.lare)A";e<I l:\atrui. . . = A O.!tcrl 1n:, !!_ dti Qf I.Pe, L , j![M WAS1-J'.NOTON :?IilS:r n,.:,1~A'!lO.'iAi. s,~•· A :"';{~~i~ ?~::-i;k~ b s~ra:t11 \'ii::e PIOS!it:!:l.1 _ _ __ _,. ··ti I/~ ,"' ----,1 _,-,··-·-~,·,··• ~-'"~ ~~~4.fJII.!> <:,:..;;iir"l'I-F' i$S;;;.fl, .i,K->;.,,!o..;;•.,;j J";i,_,..,.\J,io~ >~ rflt:.. ,;,,.,,,:,-...._.,~ •'>' ,CY•,!C;' ..• -_ .-~1'.C,- L-••~"-• . .,.~--·<·,-~ "lJJt: ~l.C:1,f!-'-.1 .. !1~~. -:-,...;.,._;,-.4:1'~ . ..,.., ... 4" . .-~,~~ ~,,, ...... ~ .,. ..:{ ..C,.).c,t,R""°"-~ fl4:l.~r11if' t~~I di;,'t.~.:..-L 4~:t!.::J. ~ ~;,'.:.~.'!lo ...--....a.:s i.;: -,.. l!'!:,O,~~;, ..... ,~!. ~--; . ..,.; ,\'. ),!J~ ~Q1.::f."-I-/1Jn'"' ,U-il 200/Z10d 2!9-.L Z0ZZ82190Z ~·I'S 1,l.U! lSl,d ~/Hl'.fil zr:lB 80,-9l-,~ Exhibit B VIAEMAIL Mr. Robert D. Steinberg Steinberg & Associates 6523 California Ave. SW, PMB 326 Seattle, WA 98136-1879 April 15, 2008 Re: Engagement and Request for Conflict Waiver Dear Bob: I. Engagement Direct Phone (206) 447-2906 Direct Facsimile (206) 749-1904 E-Mail AlstC@foster.com We appreciate the opportunity to represent you as the Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings (the "Receivership''). We look forward to assisting you with this matter. Specifically, Foster Pepper will provide the following legal services: I) represent you as Receiver in all proceedings involving the Receivership; and 2) advise you on your rights, responsibilities and obligations as Receiver. Enclosed please find a copy of our Terms for Engagement of Services. We ask that you read the terms carefully and contact me should there be any questions or concerns. We will bill this matter monthly on an hourly basis. We understand that we will be paid from the Receivership assets and you personally will not be responsible for payment of our fees. I will be the attorney primarily responsible for this matter. My rate will be $400 per hour on this matter. From time to time, I may use other attorneys and legal assistants whose rates may be higher or lower. II. Request for Conflict Waiver As we have informed you, Foster Pepper PLLC currently represents the following entities (collectively, the "Other Clients") who are involved and/or have interests in the Receivership: I. Washington First International Bank ("WFIB"): Foster Pepper has provided advice on several small matters involving regulatory compliance and compensation issues. WFIB is a secured creditor in the Receivership proceedings. 2. Harbour Homes, Inc. ("Harbour"): Foster Pepper has represented Harbour in various real estate matters from time to time. Harbour has executed a purchase and sale 50900421.] Mr. Robert D. Steinberg April 15, 2008 Page2 agreement with Langley, has deposited earnest money with Langley, may be a creditor of Langley, and is a potential purchaser of some assets of Langley. 3. Norris Homes, fuc. ("Norris") has been represented by Foster Pepper in various real estate and litigation matters from time to time. Norris has executed a purchase and sale agreement with Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. 4. Seattle Mortgage Company ("SMC") is currently being represented by Foster Pepper in defending SMC against mortgage lender claims. SMC is a secured creditor in the Receivership proceedings. The Langley Receivership is completely unrelated to the services we have provided and will provide to the Other Clients, and any confidential information that you provide to us will not have any relation to our work for the Other Clients. We will not disclose or have any need to disclose any confidential information from you to any of the Other Clients. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1.7 because both you and the Other Clients will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with the Other Clients, and if all clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC 1.7(a) and (b). Since the Receivership and the services we provide to the Other Clients are unrelated, we believe our representation of the Other Clients will not adversely affect our relationships with you or any of the Other Clients. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for the Other Clients. Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you execute the attached Consent to Representation, and return the document to us for our records via facsimile at (206) 749-1904. Again, we look forward to working with you. If at any time you have any questions, please do not hesitate to give me a call. Enclosures ~D!1004ll.1 Sincerely, FOSTER PEPPER PLLC Is Christopher M. Alston Christopher M. Alston Mr. Robert D. Steinberg April 15,2008 Page3 CONSENT TO REPRESENTATION Robert D. Steinberg, as Receiver for Langley Development Group, Inc., has reviewed the letter of April 15, 2008, from Foster Pepper PLLC, ("the Firm''), in which the Firm discloses its representations of Washington First International Bank, Harbour Homes, Inc., Norris Homes, Inc., and Seattle Mortgage Company (collectively, the "Other Clients"). Due to the Firm's existing representation of the Other Clients, our representation of you will create an actual conflict of interest with the Other Clients. Robert D. Steinberg is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(l), (2), and (b). Moreover, Robert D. Steinberg has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Robert D. Steinberg waives the conflict of interest and affirms he does not object to the Firm's representation of the Other Clients in other unrelated matters, and agrees to engage the Firm on the terms stated in the letter and in the enclosed Terms for Engagement of Services. 50900421.1 Dated this_ day of ____ , 2008. By-----,--.,,.--,---,-,----,--- Robert D. Steinberg, Receiver Mr. Robert D. Steinberg April 15, 2008 Page3 CONSENT TO REPRESENTATION Robert D. Steinberg, as Receiver for Langley Development Group, Inc., has reviewed the Jetter of April 15, 2008, from Foster Pepper PLLC, ("the Firm"), in which the Firm discloses its representations of Washington First International Bank, Harbour Homes, Inc., Norris Homes, Inc., and Seattle Mortgage Company (collectively, the "Other Clients"). Due to the Firm's existing representation of the Other Clients, our representation of you will create an actual conflict of interest with the Other Clients. Robert D. Steinberg is satisfied that the Jetter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct t.7(a)(l), (2), and (b). Moreover, Robert D. Steinberg has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Robert D. Steinberg waives the conflict of interest and affirms he does not object to the Firm's representation of the Other Clients in other unrelated matters, and agrees to engage the Firm on the terms stated in the letter and in the enclosed Terms for Engagement of Services. f*' Dated this lk_ day of A-:K ,2008. ~ FOSTER PEPPER"" Terms for Engagement of Services Thank you for choosing Foster Pepper PLLC. Our Engagement Letter and these "Tenns1 ' constitute our agreement with you for performing the engagement described in that letter. We pride ourselves on responsive and vigorous representation and strive to develop excellent working relationships with our clients. Therefore, we wish to share with you the terms of our engagement as your lawyers and tell you about our frnn. Our web page (www.foster.com) contains additional information about the furn and its capabilities. If you have questions or concerns, please contact us innnediately. Scope of Work Our policy-and the foundation of a sound client-attorney relationship-is to insure that we understand your legal needs and that you understand the nature of the services we will provide. Comnwnication between us is critical. We regularly will keep you informed of our activities on your behalf and will act in your interest at all times to the best of our abilities, subject to our knowledge of the facts and the state ofthc law during the representation. Generally, one lawyer will be responsible for and will oversee your representation. Other lawyers and legal assistants may work on your behalf-especially when special skill or expertise is required or when delegation is more expeditious and cost- effective, or for other appropriate reasons. Your responsible lawyer will be your point of contact for all aspects of your representation. If at any time you are unhappy with any person working on your behalf, please tell your responsible lawyer or the Chair of the firm's Executive Committee. The situation will be addressed inunediately. We need your help to represent you to the best of our abilities. We rely on you to be candid with and responsive to us, as we will be with you. Please inform us immediately of any change of circumstance affecting the representation or our ability to contact you. We both must respond promptly and completely to inquiries and requests to enable us to represent you effectively. While we cannot assure a successful result in any engagement, we pledge to use our best efforts on your behalf. You may terminate our representation of you at any time and for any reason with notice. In addition, we may choose to withdraw from the representation, but only in accordance with the applicable Rules of Professional Conduct in effect in the jurisdiction where our relationship exists. If we choose to withdraw as your lawyers, we will notify you in writing. At termination or withdrawal, you will remain obligated to pay us promptly for all charges for legal services rendered as we11 as charges resu1ting from the termination or withdrawal, including working with any successor counsel. We will cooperate with successor counsel to assure a smooth transfer of the representation. In the event of termination or withdrawal, we reserve the right to make withdrawals against any advance fee payment or retainer we may hold. Contlicts of Interest Because our representation of you is limited in scope and because we have a large number of clients, we wish to clarify the extent to which our representation of you may affect our ability to represent other clients in other matters, including matters in which you may be involved. We employ internal procedures to insure that our representation of other clients will not cause a conflict of interest with you. Your identity as our client is the person or entity named as the client in our Engagement Letter and does not include any of your affiliates unless so specified. Accordingly, for conflict purposes, we may represent another client with interests adverse to any such affiliate without obtaining your consent, and we respectfully decline to be bound by any contrary policy. If we discover any actual or potential conflict of interest affecting our representation of you, we will notify you promptly. Depending upon our relationship, at the conclusion of the engagement described in the Engagement Letter, you will no longer be considered a current client of the firm. As a former client, you may expect that we will not represent another person in the same or a substantially related matter if that client's interests are materially adverse to your interests unless you have consented in VII'iting to the representation after consultation and full disclosure of material facts. You may also expect that we will preserve appropriately the confidentiality of your infonnation and secrets. Without your prior written consent, we will not represent any client adverse to you in a different matter if we have obtained confidences or secrets from you that are material to that matter. -1- Records Retention We maintain policies regarding retention and destruction of records. Records include our files and related electronic documentation, including e-mails. Records (including materials provided by you to us and all electronic documentation) relating to this engagement will be destroyed according to our policies unless you request that they be returned to you. Our own files pertaining to the matter will be retained in accordance with the policies. Our own files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, internal lawyers' work product such as drafts, notes, internal memoranda, and legal and factual research, including investigative reports, prepared by or for the internal use of lawyers. We normally retain client files for ten years after a matter is closed. If you wish records to be returned to you when your matter is closed, you must inform the responsible attorney in writing of your request. We will endeavor to remind you of this policy on completion of the engagement, but we reserve the right to destroy records in accordance with our policy without further notice to you. Fees for Services We generally charge on an hourly basis for time expended on your behalf. This includes, for example, telephone conversations, face-to-face conferences, strategy development and planning, document preparation and review, research, drafting, negotiating, court appearances and travel. Tirrough hourly billing, you pay only for work performed on your behalf. We maintain daily time records that include a brief description of the work done so that you will understand why you are being billed. We record our time in units of tenths of an hour. Upon request, we will work with you to produce a written estimate of the anticipated legal fees and costs for a particular engagement. Any such estimate will be based on our prior experience with similar engagements as well as infonnation you provide us about your particular needs. Unless we reach a clear, written understanding that the fee will be a fixed amount, any estimate we make may be revised based upon the facts and circumstances we encounter during your representation. Our rates (which are subject to change prospectively with notice) should always be discussed in advance with your responsible attorney. Generally, rates are revised annually and adjustments will be reflected in our invoices in the month following any adjustment. On occasion, and after discussion with you, we may perform services on a non-hourly basis. Our agreement with you to do so will be in writing. We strive to keep fees and charges at a level appropriate to the task. Expenses In addition to fees for legal services, you will be charged for expenses advanced on your behalf and ancillary costs incurred by us during the course of your representation. Such charges may be revised from time to time without notice and will be reflected in our invoice in the month following any revision. These charges include such things as photocopying and scanning, document binding, external messenger service, electronic records searches and special mailing or courier services. We may add an administrative charge to some or all of these costs. You will not be billed for long distance telephone charges, facsimile transmissions or standard postage charges. Please note that should your work require secretarial overtime (not caused by a secretary working for another client during the regular work day), you will be charged for such service. You may be asked to pay certain non~routine expenses directly to the service provider. These may include travel expenses, filing fees, and fees and expenses of independent professionals such as appraisers, accountants, investigators and court reporters. Often, these expenses must be paid in advance. Normally, we will send the charge directly to you for payment or obtain in advance funds from you to pay such costs. While we are under no obligation to do so, we may advance payment of such expenses and subsequently bill you for the charges. Billing Policy Usually, you will be billed monthly. For your convenience, the billing statement will describe briefly the matter and legal services performed and will set forth the fees and expenses relating to the legal services provided. The bill typically will contain charges incurred during the prior month. Charges for some expense items such as copy and delivery charges may not be processed and billed until some time after the expense has been incurred. Any past due amounts will bear interest at twelve percent per year. We strive to provide clear and prompt billing statements. If you have any questions regarding your invoice, please promptly call your responsible attorney or our accounting department. -2- Advance Fee and Trust Deposits If required by your Engagement Letter, you must pay in advance an amount equal to our estimate of the fees and costs for some or all of the work contemplated by the scope of the engagement. Any amount remaining at the conclusion of the engagement will be returned to you. If, after commencing work, it appears the advance payment will be insufficient to cover legal fees and costs, you may be asked to advance additional amounts. If required by your Engagement Letter, you must pay a retainer to secure our availability for a given period of time, which is considered earned by us when paid. Amounts you pay to us in trust, including advance payments for fees and costs, will be deposited in a trust account that we maintain for the benefit of our clients as required by the Rules of Professional Conduct. Under these rules, if your deposit is not expected to earn a "positive net return" given its size, the expected duration of the deposit and prevailing interest rates (less reasonable bank and administrative charges), we will place the deposit into a pooled account. The interest earned on this account must be paid to a charitable foundation established by court rule. If your deposit likely will earn a ''positive net returnn, you may request that it be placed into a segregated account and interest earned on that account will be added to your deposit and will be reported by our bank to the Internal Revenue Service as taxable income to you. If you wish us to place such funds into a segregated account for your benefit, you must provide us with your Federal Tax Identification Number. Attorney-Client Privilege Our attorneys and staff recognize our duty to maintain confidentiality. The attorney-client privilege protects connnunications between us, whether oral or written, as long as neither of us discloses those communications to anyone else. Privileged communications cannot be used in court without your consent. Therefore, to preserve the privilege and confidentiality of our conununications, you should not show our written communications or discuss any oral communications between us with anyone. Furthermore, certain conmmnications and documents prepared in anticipation of litigation are also privileged even if no attorney is involved. Because disputes can arise as to whether certain communications are privileged, if you have any questions regarding what you can do1 be sure to seek advice from the lawyer with whom you are working. We are not.acting as your counsel with respect to the provisions of this statement of Terms for Engagement of Services and to do so would be a conflict of interest. If you wish to seek advice from independent counsel of your choice about whether you should agree to these terms, please do so. In addition, if you have any questions or would like additional information, we are happy to discuss this statement with you further. These terms of engagement will govern our relationship, however, unless we reach a different agreement in writing. We understand that you have selected us not only for our expertise, but also for our reputation as responsive and creative counsel. Be assured that we will strive to live up to your expectations. If you have any questions, please do not hesitate to call. Seattle: Foster Pepper PLLC 1111 Third A venue, Suite 3400 Seattle, Washington 98101-3299 Phone: (206) 447-4400 or (800) 995-5902 Facsimile: (206) 447-9700 or 9283 Spokane: Foster Pepper PLLC US Bank Bldg. 422WestRiversideAvenue, Suite 1310 Spokane, Washington 99201-03 02 Phone: (509) 777-1600 Facsimile: (509) 777-1616 Revised: 02/13/08 Portland: Foster Pepper LLP -3- 601 S. W. Second Avenue, Suite 1800 Portland, Oregon 97204-3171 Phone: (503) 221-0607 or (800) 243-0427 Facsimile: (503) 221-1510 Exhibit C ~ FOSTER PEPPER .. " VIA EMAIL Mr. Bruce Pelton Mr. John Baringer Harbour Homes, Inc. 1300 Dexter Avenue North, Suite 500 Seattle, Washington 98109 April 24, 2008 Re: Request for Conflict Waiver Dear Bruce and John: Direct Phone (206) 447-8916 Direct Facsimile (206) 749-1973 E-Mail OsboC@foster.com Thanks for your time this morning and willingness to assist Foster Pepper, PLLC. It was good to talk with you and reminded me that we should find more opportunities to work together! As you know, Foster Pepper PLLC has represented and currently represents Harbour Homes, Inc., in various real estate matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership''). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise tlte Receiver on his rights, responsibilities and obligations as Receiver. We understand that Harbour Homes has executed a purchase and sale agreement witlt Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. The legal services that Foster Pepper would provide to the Receiver in tlte Receivership are completely unrelated to the services we have provided and will provide to Harbour Homes, and any confidential information that Harbour Homes provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1.7 because both Harbour Homes and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Harbour Homes or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC 1.7(a) and (b). Since the Langley Receivership and the services we provide to Harbour Homes are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Harbour Homes or the Receiver. We also will establish an ethical screen, so TEL: 206.447.4400 FAX: 206.447.9700 uu nmmAVENUE.surrE J.ioo SEATTLE, WASHINGTON 9810L-J299 WWWFOSTER.COM 50904l]l-l SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLANDORJ::GON Mr. Bruce Pelton April 24, 2008 Page2 that the attorneys who work on the Receivership will be screened from the work done for Harbour Homes. Foster Pepper also agrees that in the event of litigation between Harbour Homes and the Receiver, Foster Pepper will not represent either Harbour Homes or the Receiver. Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this letter, and return a copy to me for our records via email or facsimile at (206) 749-1973. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, FOSIBR PEPPER PLLC OVJ~~ Christopher R. Osborn CONSENT TOW AIVER OF CONFLICT Harbour Homes, Inc., has reviewed the letter of April 24, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Harbour Homes, Inc., our representation of the Receiver will create an actual conflict of interest with Harbour Homes, Inc. Harbour Homes, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(l), (2), and (b). Moreover, Harbour Homes, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Harbour Homes, Inc., waives the conflict of interest and affirms it does not object to the Finn's representation of the Receiver in other unrelated matters. :th • I Dated this 2S day of Sfr:1 ( , 2008. HARBOUR HOMES, INC. Byb9,~~ Bruce Pelton Its Vice President S0904231.2 VIA EMAIL Ms. Stephanie Yates Seattle Financial Group, Inc. 190 Queen Anne Ave. N., Ste. 500 PO Box C-19102 Seattle WA 98109-4829 . April 17, 2008 Re: Request for Conflict Waiver Dear Stephanie: DlrectPhone (206)447-M02 DuectFacsimile (206)749-~ B-Mall Davldl!lfoster.coin As you know; Foster Pepper PLLC has represented and currently represents Seattle Mortgage Company in various litigation matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Seattle Mortgage Company is a secured creditor in the Receivership proceedings. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Seattle Mortgage Company, and any confidential information that Seattle Mortgage Company provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to ·disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1. 7 because both Seattle Mortgage Company and the Receiver will be current clients of this fum. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Seattle Mortgage Company or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC l.7(a) and (b). Since the Langley Receivership and the services we provide to Seattle Mortgage Company are unrelated, we believe our representation of the Receiver will not adversely affect oui: relationships with Seattle Mortgage Company or the Receiver. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for Seattle Mortgage Company. Ms. Stephanie Yates April 17, 2008 Page2 Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to det.ermine if this request for a waiver is -llppropriate. If you have no objection, we ask that you sign this letter, and return a copy to me for our records via email or facsimile at (206) 749-1983. If at any time you have any questions, please do not hesitat.e to give me a call. Sincerely, FOSTER PEPPER PLLC Isl Douglas L. Davies Douglas L. Davies _ CONSENT TOW AIVER OF CONFLICT Seattle Mortgage Company, Inc., has reviewed the Jett.er of April 17, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Seattle Mortgage Company, Inc., our representation of the Receiver will create an actual conflict of interest with Seattle Mortgage Company, Inc. Seattle Mortgage Company, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct I.7(aXl), (2), and (b). Moreover, Seattle Mortgage Company, Inc., has bad-the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Seattle Mortgage Company, Inc., waives the conflict of interest and affirms it does not object to the Firm's representation of the Receiver in other unrelated matters. Dated this n day of ~(; ) , 2008. SEATILE MORTGAGE COMPANY, INC. By~~ Step e Yatei,eneral Counsel Exhibit E ~ FOSTER PEPPER "" April 17, 2008 VIA EMAIL Mr. John Norris Ms. Courtney Norris Norris Homes, Inc. 2053 Faben Drive Mercer Island, Washington 98040 Re: Request .for Conflict Waiver Dear John and Courtney: This is the letter I discussed with Courtney earlier today. Direct Phone (206) 447~16 Direct Facsimile (206) 749-1973 E-Mail OsboC@fuster.com As you know, Foster Pepper PLLC has represented and currently represents Norris Homes, Inc. in various real estate and litigation matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Norris Homes has executed a purchase and sale agreement with Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Tue legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Norris Homes, and any confidential information that Norris Homes provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1. 7 because both Norris Homes and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Norris Homes or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC l. 7(a) and (b). Since the Langley Receivership and the services we provide to Norris Homes are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Norris Homes or the Receiver. We also will establish an ethical screen, so that TEL, 206.44 7.4400 FAX, 206.447.9700 J Ill THJRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98J0>-32" WWW FOSTER.COM 50904124.1 SEATTLE WASHJNGTON SPOKANE w,suJNaTON PORTLANDoREGON Mr. John Norris April 17, 2008 Page2 the attorneys who work on the Receivership will be screened from the work done for Norris Homes. Accordingly, we ask that you consider Ibis matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this letter, and return a copy to me for our records via email or facsimile at (206) 749-1973. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, CONSENT TOW AIVER OF CONFLICT Norris Homes, Inc., has reviewed the letter of April 17, 2008, from Foster Pepper PLLC, (the "Finn"), in which the Finn discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Norris Homes, Inc., our representation of the Receiver will create an actual conflict ofinterest with Norris Homes, Inc. Norris Homes, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct 1. 7(a)( I), (2), and (b ). Moreover, Norris Homes, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Norris Homes, Inc., waives the conflict of interest and affinns it does not object to the Firm's representation of the Receiver in other unrelated matters. Dated this·May of ~'-, 2008. NORRIS HOMES, INC. ByJ~~;t#a Its President 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation [proposed] SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC This matter came before the Court on the motion of Robert D. Steinberg, the general receiver of Langley Development Group, Inc. ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 2008 (the "Receiver"), for entry of a supplemental order approving employment of Foster Pepper PLLC ("Foster Pepper") as counsel for the Receiver (the "Motion"). The Court previously authorized and appointed Foster Pepper to act as attorneys for the Receiver. The Receiver filed the Motion in light of additional conflicts of interest discovered by Foster Pepper since March 28, 2008. This Court has considered the Motion and the Declaration of Terrance Keenan. Based on the Motion, the Declaration of Terrance Keenan, and the Certificate of Mailing of Terrance Keenan, the Court finds and concludes as follows: Findings of Fact: I. Notice of hearing was proper and no further notice is required; SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -I 509ll29S I FOSTER PEPPER PLLC 1111 THIRD AVENUE, SU1TE3400 SEAITtE, WASHINGTON 98101-3299 PHONE !206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 2. Foster Pepper's prior and current representation of Harbour Homes, Inc., Seattle Mortgage Company and Norris Homes, Inc. is disclosed in the Motion; and 3. The Receiver, Harbour Homes, Inc., Seattle Mortgage Company and Norris Homes, Inc. have consented in writing to waive the conflicts. Conclusions of Law: I. 2. There is no actual conflict of interest; and There is no inappropriate appearance of a conflict. 9 Based on the above findings and conclusions, IT IS ORDERED that the continued 10 employment of Foster Pepper as counsel for the Receiver shall be and hereby is approved. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED this ___ day of May, 2008. JUDGE SUSAN J. CRAIGHEAD Presented by: Christopher M. Alston, WSBA # 18823 Terrance J. Keenan, WSBA #38295 Attorneys for the Receiver SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -2 50911298.1 FOSTER PEPPER PLLC 1111 Tl-URD AVENUE, SUITE 3400 SEA TILE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING WASHING TON FIRST INTERNATIONAL BANK, Plaintiff, vs. C. THOMAS FOSTER AND THE MARITAL COMMUNITY OF C. THOMAS FOSTER AND MARYL FOSTER, Defendants, Seattle Savings Bank, Garnishee/Defendant. NO. 06-2-35218-1 SEA NOTICE OF WITHDRAWAL OF COUNSEL 22 TO: THE CLERK OF THE COURT 23 AND TO: 24 25 ANDTO: 26 !I 27 // 28 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP Michael J. Gearin, David C. Neu, Christopher M. Wyant, Attorneys for Plaintiff ALL COUNSEL OF RECORD LUA-o,-oS9 W.A -Dl-D/ol Notice of Withdrawal (06-2-35218-1 SEAj -Page 1 o/2 HILLIS CLARK MARTIN & PETERSON. P.S. 500 Galland Bullding, 1221 Second Ave Seattle WA 98101-2925 206.623.1745; fax 206.623.7789 • 2 You AND EACH OF YOU are hereby notified that Hillis Clark Martin & Peterson, 3 P.S., Joseph A.G. Sakay and Amit D. Ranade, hereby withdraw as counsel for 4 garnishee/defendant Seattle Savings Bank in the above-entitled action. 5 DATED this 'Z-1 day of April, 2008. 6 7 8 9 10 11 12 I J !4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HILLIS CLARK MARTIN & PETERSON, P.S. By oseph A.G. Sakay, WSBA #24667 Amit D. Ranade, WSBA #34878 Attorneys for Garnishee/Defendant Seattle Savings Bank CERTIFICATE OF SERVICE The undersigned certifies that on this day she caused a copy of this document to be mailed to the last known address of all counsel of record. I certify under penalty of perjury under the laws of the state of Washington and the United States that the foregoing is true and correct. t,'r: DATED this~ day of April, 2008, at Seanle, Washington. ~. j,. ]). cQ,, lw: _Q,_gg Palncia D. Churchill · ND 18388.004 4846-4904-2434vl 4/21108 Notice of Withdrawal (06-2-35218-1 SEA) -Page 2 of2 HILLIS CLARK MARTIN & PETERSON, P.S. 500 Galland Building, 1221 Second Ave Seattle WA 98101-2925 206.623.1745; fax 206.623.7789 HCMP H II! I\ ( -, I'. .\~ ' ,\. 1'1 • ,•// 1, ,., 500 Galland Building 1221 Second Avenue Seattle, Washington 98101-2925 A PROfl'.,SIONAI SERVl(f CORPORATION :::~;EJ!\.TTLE \i\t-11, ctr~·:t '~·~: City of Renton 1055 S. Grady Way Renton, WA 98057 '-... ,' : . ' ~-; -. 1-• i, \ '-~ 1 -_,..... ......... ._ .3it~~Jf;:'.::.:i);"' · ·=::::;::;U~:· .··-:-.:=~---::: l L J ! ; f; ; f; J L ", L J, I, , ; L ! I J, ,, L L , IL,, J J L L; i ! i u u I if ~ ., .. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF RENTON APR 1 8 2008 RECEIVED CITY CLERK'S OFFICE SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation NOTICE OF RECEIVERSHIP TO: Creditors of Langley Development Group, Inc., a Washington corporation, and other parties in interest PLEASE TAKE NOTICE that on March 28, 2008, the King County Superior Court appointed Robert D. Steinberg as general receiver (the "Receiver") over the assets of Langley Development Group, Inc. a Washington corporation ("Langley Development Group"), whose last known address is 6450 Southcenter Boulevard, Suite 106, Tukwila, Washington 98188. Pursuant to the Order Appointing General Receiver, the Receiver has assumed control of the assets of Langley Development Group and has initiated the process of an orderly disposition of the assets or a sale of the business. Correspondence to the Receiver may be sent in care of the Receiver's attorneys at the address set forth below. Ct·; LMA-01/o6'l WA;o, -01.n . (p,,t C,A (llM1W 9i 3/'2,1/00 -1W C4i.., c,_c,ho>1 11;.uW FYZ'l-fLl4 m,,.,t:t:i.<) FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 NOTICE OF RECEIVERSHIP -I 50900110 2 SEATTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Claims. The Receiver currently is not able to predict whether any particular class of creditors can expect to receive payment on claims for pre-receivership debts owed to them. Nonetheless, all persons and businesses who believe they are owed money by Langley Development Group on account of any goods, services or credit provided to Langley Development Group before March 28, 2008, or who claim to have any other obligation enforceable against Langley Development Group on account of any transaction occurring before that date, should fill out the Proof of Claim form attached hereto as Exhibit A in order to share in any distribution of assets to members of the claimant's class of creditors. The Proof of Claim form must be returned to the Receiver's counsel at the address listed below no later than May 27, 2008. The bar date for state agencies or taxing authorities is September 24, 2008. Creditors who fail to timely file a claim will not share in any distributions, should any funds become available for such distribution. The Claim Form must be mailed to the Receiver's attorney: Christopher M. Alston, Foster Pepper PLLC, 1111 Third Avenue, Suite 3400, Seattle, Washington 98101, by the deadlines set forth above. The form does not need to be filed with the Court. 17 Request for Special Notice. Pursuant to RCW 7.60.190(2), any person interested in 18 the receivership as a party or creditor may serve upon the undersigned and file with the clerk 19 of the court a written notice of appearance stating that he/she desires special notice of any and 20 all proceedings in the administration of the receivership. 21 22 23 24 25 26 27 28 Dated: April 17, 2008. NOTICE OF RECEIVERSHIP -2 50900)10.2 FOSTER PEPPER PLLC Isl Christopher M Alston Christopher M. Alston, WSBA # 18823 Attorneys for Receiver FOSTER PEPPER PLLC 1111 THIRD AVENUEr SUITE 3400 SEArnE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 .. , ... I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, lNC., No. 06-2-35218-1 SEA a Washington corporation PROOF OF CLAIM [TO BE MAILED BY CREDITORS NO LATER THAN MAY 27, 2008 AND BY STATE AGENCIES OR TAXING AUTHORITIES BY SEPTEMBER 24, 2007] DEBTOR: Langley Development Group, Inc., a Washington corporation SECTION I: CREDITOR INFORMATION Creditor's Name and Address: 0 Check box if the above address differs from the address on the envelope sent to you PROOF OF CLAIM -I ~{)904377 ! EXHIBIT A FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHJNGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION II: CLAIM INFORMATION 1. BASIS FOR CLAIM: D Wages, salaries and commissions (fill out below): Your Social Security No. (last four digits) ____ _ Unpaid services performed from to. ______ _ Nature of services (describe briefly) ________________ _ Personal injury/wrongful death/property damage D D D D D D Other (describe briefly) ____________________ _ Rent Goods Services performed Monies loaned 2. 3. THE DATE(S) THE DEBT TO YOU WAS INCURRED:----------- AMOUNT CLAIMED THAT rs STILL OWING TO YOU BY THE DEBTOR ON ACCOUNT OF ANY TRANSACTION BEFORE MARCH 28, 2008: Principal: Accrued interest as of _____ _ Other (describe briefly): ______ _ Subtotals: TOTAL OF (a)+ (b): Amount secured by Security Interest or Lien $ _____ _ $ _____ _ $ _____ _ (a)$ _____ _ Unsecured Amount $ ______ _ $ _____ _ $ _____ _ (b) $ _____ _ $ ______ _ Briefly state the basis upon which you claim a security interest or lien (if any): _______ _ D Interest of$ _______ per day on and after March 28, 2008 is claimed. PROOF OF CLAIM -2 50904377 I FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE3400 SEATTtE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. You must attach copies of documents in support of this claim, such as purchase orders, invoices, account statements, contracts, court judgments, and evidence of any security interests or liens, and of any agreement as to the interest to be paid to you. If the documents are not available, explain. If the documents are voluminous, attach a summary. [This form should not be used to make a claim for expenses incurred after the filing of the receivership order on March 28, 2008.] Setoffs: Have any sums owed by you to the Debtor been offset against sums owed as of March 28, 2008 by the Debtor to you in calculating your claim? D Yes D No If so, what amounts have you offset?--------------------- Briefly describe the nature of the offsetting debt(s): --------------- Send your Proof of Claim form to: Christopher M. Alston, Foster Pepper PLLC, 1111 Third Avenue, Suite 3400, Seattle, Washington 98101-3299 YOU DO NOT NEED TO FILE THIS CLAIM WITH THE COURT. If you want receive an acknowledgment of the receipt of your claim, you must enclose a stamped, self-addressed envelope and a copy of your claim. CERTIFICATION The undersigned certifies under penalty of perjury that the Debtor named above is indebted to the claimant in the amount shown, that there is no security for the debt other than that stated above or in an attachment to this form, that no interest other than such as had accrued as of March 28, 2008 has been included, that all information supplied herein is true and correct, and that the undersigned is authorized to make this claim. (NOTE: There may be criminal penalties for presenting a fraudulent claim.] Sign and print the name and title, if any, of the creditor or other person authorized to file this claim. Date PROOF OF CLAIM -3 50904377 1 Signature Print Name and Title, if any FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SFATILF., WASHJNGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 CITY OF RENTON MAR 2 0 2008 RECEIVED CITY CLERK'S OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING Washington First International Bank V. NO. 06-2-35218-1 SEA (consolidated) NOTICE FOR HEARING Langley Development Group, Inc., et. al. SEATTLE COURTHOUSE ONLY (Clerk's Action Required ) (NTHG) TO: THE CLERK OF THE COURT and to all other parties listed on Page 2: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: ~M~a~rc~h~2~8=2~0~0~8 ______ Day of Week: Friday Nature of Motion: Motion for Annointment of General Receiver for Lannlev Develonment Groun Inc. CASES ASSIGNED TO INDIVIDUAL JUDGES -Seattle If oral argument on the motion is allowed (LR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. Working Papers: The iudqe's name, date and time of hearing must be noted in the upper right corner of the Judge's copy. Deliver Judge's copies to Judges' Mai/room at C203. [] Without oral argument (Mon -Fri) [X] With oral argument Hearing Datemme: March 28 2008 9:00 a.m. Judc:ie's Name: Hon. Susan Craiahead Trial Date: Aoril 14 2008 CHIEF CRIMINAL DEPARTMENT -Seattle in E1201 [ J Bond Forfeiture 3:15 pm, 2"' Thur of each month [ ] Certificates of Rehabilitation-Weapon Possession (Convictions from Limited Jurisdiction Courts) 3:30 First Tues of each month CHIEF CIVIL DEPARTMENT -Seattle --(Please report to W1060 for assignment) Deliver working copies to Judges' Mai/room, Room C203. In upper right comer of papers write "Chief Civil Department" or judge's name and date of hearing [ ]Extraordinary Writs (Show Cause Hearing) (LR 98.40) 1 :30 o.m. Tues/Wed -reoort to Room W1060 [ ]Supplemental Proceedings Non-Assigned Cases: (1 :30 pm Tues/Wed)(LR 69) [ ] Non-Dispositive Motions M-F (without oral argument}. [ ]DOL Stays 1 :30 pm Tues/Wed [ ] Dispositive Motions and Revisions (1 :30 pm Tues/Wed) [ ]Motions to J~nsolidate with multiple judges assigned [ ] Certificates of Rehabilitation (Employment) 1 :30 pm (without oral gument} (LR 40(a)(4)) Tues/Wed (LR 40(2)(8)) ~ddress that is_)lot your residential address where you agree to accept legal documents. Si · Printffype Name: David C. Neu WSBA # 33143 (if attorney) Attorney for: Washington First International Bank Address: 925 Fourth Ave., Suite 2900 City, State, Zip Seattle, WA 98104 Telephone: 206-370-7893 Date: March , 2008 DO NOT USE THIS FORM FOR FAMILY LAW, EX PARTE OR RALJ MOTIONS. NOTICE FOR HEARING · Seattle Courthouse Only ICSEA031407 www.metrokc.gov/kcscc/forms.htm K:12037501 \00030\20347 _ DCN\20347P241 S Page 1 - LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE Name Paul E. Brain -Smith Alling Lane PS Service Address: 1102 Broadway Plaza. Suite 403 City. State. Zip Tacoma. WA 98402 WSBA# 13438 Atty For: Fosters. Stumps. Langley Development Group Inc .• Langley Development Group Inc .• and R.A. L. Development and Venture Company Telephone#: 206-623-4711 Name William Philip McArdel Ill Service Address: 1826 114th Ave .• NE. Suite 101 City, State, Zip Bellevue. WA 98004 WSBA# 13583 Atty For: The Holidays Telephone #: 425-454-1828 Name SBI Developing. LLC Service Address: 12815 Canyon Rd. East. Suite M City, State, Zip Puyallup. WA 98373 WSBA# Atty For: ______ _ Telephone#: ------------ Name Wilson Concrete Construction Inc. Service Address: 24030 SE 371 ST City, State, Zip Enumclaw. WA 98022 WSBA# Atty For.:_------- Telephone #: ------------ Name Amit D Ranade Service Address: Hillis Clark Martinson & Peterson 1221 2"• Ave .• Suite 500 City, State, Zip Seattle. WA 98101 WSBA#34878 Atty For: Seattle Savings Bank Telephone#: ------------ Name Steven P. Recor Service Address: 2100 1161 • Ave NE City, State, Zip Bellevue. WA 98004 WSBA# 6259 Atty For: The Dooleys Telephone#: (425) 451-1400 Name: David R. Riley Service Address:2001 Western Ave., Suite 400 City, State, Zip: Seattle. Washington. 98121 WSBA# 12057 Atty For: Frontier Bank Telephone#: 206-269-3490 Name: City of Renton Service Address: 1055 S. Grady Way City, State, Zip Renton. WA 98057 WSBA# Atty For: ______ _ Telephone#: ------------ Name Western Asphalt Inc. c/o Bryan P. Collucio Service Address: Cable. Langenbach. Kinerk & Bauer. LLP. 1000 2"• Ave., Suite 3500 City, State, Zip Seattle. WA 98104 WSBA# Atty For: ______ _ Telephone#: ------------ IMPORTANT NOTICE REGARDING CASES Party requesting hearing musl file motion & affidavits separately along with this notice. List the names, addresses and telephone numbers of all parties requiring notice (including GAL) on this page. Serve a copy of this notioe, with motion documents, on all parties. The original must be filed at the Clerk's Oflioe not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance). NOTICE FOR HEARING -SEA ITLE COURIBOUSE ONLY ICSEA031407 Page 2 . ., THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY. The SEATTLE COURTHOUSE is in Seattle, Washington at 516 Third Avenue. The Clerk's Office is on the sixth floor, room E609. The Judges' Mailroom is Room C203. NOTICE FOR HEARING • SEA TILE COURTIJOUSE ONLY ICSEA031407 Page 3 The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument I 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHING TON IN AND FOR THE COUNTY OF KING 9 WASHINGTON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 v. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 WASHINGTON FIRST Defendants. 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, V. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. PLAINTIFF'S MOTION FOR APPOINTMENT or GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -1 K:\2037501 \00030\20347 _ DCN\2034 7P241 T Case No. 06-2-35218-1 SEA (LEAD CASE) PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH A VENUE SUITE 2900 SEATTLE, WASHINGTON 9&104-ll58 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 I WASHING TON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 V. Plaintiff, RAL DEVELOPMENT AND VENTURE 6 COMP ANY, a Washington general partnership; STURGUS LLC, a 7 Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN 8 HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS 9 FOSTER and MARYL FOSTER, husband and wife and the marital community 10 thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; 11 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 IN CORPORA TED, a Delaware corporation; I ST SECURITY BANK OF 13 WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin 14 limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, 15 a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, 16 husband and wife, BAIMA & HOLMBERG, IN CORPORA TED, a 17 Washington corporation, Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) 18 19 20 21 22 23 24 25 I. INTRODUCTION This case involves a series of construction loans made by Washington First International Bank ("WFIB") to various defendant entities, all of which are controlled in full or in part by an individual named C. Thomas Foster. Having reduced most of its claims to judgment, and faced with the threat of diminution in the value of the assets of judgment debtor Langley Development Group, Inc. ("Langley Development"), WFIB moves for appointment of a general receiver pursuant to RCW Ch. 7.60 to take PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. • 2 K:\2037501 \00030\20347 _ DCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTii A VENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1\58 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 I possession and control of the real property of Langley Development Group, to liquidate 2 such property, and to thereafter report to the Court as to the necessity for further 3 proceedings. 4 II. STATEMENT OF FACTS 5 WFIB's case against Langley Development was commenced in November, 2006. 6 The complaint against Langley Development contained causes of action for a judgment on 7 a promissory note related to a loan made by WFIB to Langley Development (the "Benner 8 Note"), and a claim for fraudulent transfers made to Langley Development by an affiliated 9 company called Langley Venture Group, Inc. ("Langley Venture") to Langley JO Development that were used to partially fund development of Langley Development's real 11 estate projects. Both Langley Development and Langley Venture are owned and 12 controlled by C. Thomas Foster. The case against Langley Development was 13 subsequently consolidated with lawsuits by WFIB to collect on debts owed by a general 14 partnership of Mr. Foster, R.A.L. Development and Venture Company ("R.A.L."), and to 15 collect on debts owed by Mr. Foster personally under his guarantee of the obligations of 16 Langley Venture to WFIB. 17 A. The "Benner Plat". 18 On January 17, 2007, the Court appointed Perry A. Stacks as custodial receiver to 19 take possession and control of a development project owned by Langley Development, 20 commonly known as the "Benner Plat," which was encumbered by a deed of trust 21 securing a loan in favor ofWFIB (the "Benner Loan")1• See Docket No. 42. Langley 22 Development and Mr. Foster vigorously opposed appointment of a receiver to manage the 23 Benner Plat, going as far as make representations under penalty of perjury that the Benner 24 1 A complete discussion of the Benner Loan can be found in the Motion for Appointment 25 of Custodial Receiver [Docket No. 6] and accompanying Declaration of Patrick Burke [Docket No. 4] PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -3 K:\2037501 \00030\20347 _DCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-llSS TELEPHONE: (206) 623-7580 F ACSIMll...E. (206) 623-7022 1 Plat was under contract to sell pending final plat approval, which was expected in January 2 or February, 2007, to an entity known as Davidson & Robinson, Inc. See Declaration of 3 C. Thomas Foster [Docket No. 11]. These representations caused the Court to delay 4 appointment of a receiver from November, 2006, when a motion to appoint a receiver was 5 filed, until mid-January, 2007, when the receiver was appointed. 6 It goes without saying that the sale of the Benner Plat did not occur in early 2007. 7 Nor was the Benner Plat under a valid sale contract to Davidson & Robinson, Inc. The 8 receiver ultimately negotiated a sale of the Benner Plat to Heritage Homes, and in March, 9 2007, moved to approve the sale. See Docket No. 79 2 • In the face of the sale, Langley 1 O Development refinanced the loan secured by the Benner Plat, and thereby satisfied the 11 Benner Loan and terminated the receivership. Back in the hands of Langley 12 Development, the Benner Plat was not sold until December, 2007, contrary to the 13 representations Mr. Foster has made to the Court in November, 2006 as to the status of the 14 project. A copy of the deed from Langley Development to Cairnes Construction, LLC 15 ("Cairnes") is attached as Exhibit A to the accompanying Declaration of Michael J. 16 Gearin (the "Gearin Deel."). Significantly, the refinance and months of delay caused by 17 Langley Development on the Benner Plat was of no benefit to creditors, in that the sale to 18 Cairnes was for the same price the receiver had negotiated with Heritage Homes. See 19 Docket No. 79 (motion to sell) and Exhibit B to Gearin Deel. ( excise tax affidavit). 20 B. The Writs of Attachment 21 In late May, 2007,judgments were entered against C. Thomas Foster in the above- 22 captioned consolidated proceeding, totaling approximately $1. 7 million, based on his 23 24 2 The motion to sell the Benner Plat and the accompanying Declaration of Perry A. Stacks contain a detailed account of Mr. Foster's efforts to hinder, delay, and interfere with the 25 receiver's duties, such as instructing contractors to refuse to provide the receiver with construction records. PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -4 K:\2037501 \00030\20347 _DCN\20347P2"41T KlRKPATRlCK & LOCKHART PRESTON GA lES ELLIS LLP 925 FOURTH A VENUE SUITE2900 SEATTLE, WASHINGTON 98104-1 lSll TELEPHONE: (206)623-7580 FACSIMILE: (206) 62J.7022 1 guarantee of the loans from WFIB to R.A.L. and Langley Venture. See Docket Nos. 156B 2 and 156C. 3 On August 24, 2007, WFIB filed its motion for summary judgment against 4 Langley Development based on its fraudulent transfer claims (the "Fraudulent Transfer 5 MSJ"). Shortly thereafter, Langley Development and WFIB entered into a stipulation and 6 order for a preliminary injunction and writs of attachment, attached to the Gearin Deel. as 7 Exhibit C (the "Stipulated Order"). The Stipulated Order was agreed-to by WFIB based 8 upon representations by Mr. Foster that two development projects owned by Langley 9 Development, commonly known as "Langley Ridge" and "Honey Brooke West," were 1 O expected to be sold in October, 2007, thereby giving the defendants the capital to pay-off 11 their debt to WFIB. Under the terms of the Stipulated Order, WFIB agreed to re-note the 12 Fraudulent Transfer MSJ for a hearing no earlier than November 30, 2007. WFIB further 13 agreed that it would take no action, prior to November 30, 2007, to execute on, liquidate, 14 or take possession of certain personal assets of C. Thomas Foster, including his interest in 15 Langley Development. In exchange, the Court entered an order enjoining Langley 16 Development from acts including disposing of or transferring its assets, co-mingling 17 assets with other Foster-controlled companies, and further granted WFIB writs of 18 attachment in, among other assets, "[ a ]11 proceeds ... resulting from the sale of assets by 19 Langley Development Group, Inc., including, without limitation, the projects commonly 20 known as Langley Ridge and Honey Brooke West." Moreover, under the terms of 21 Stipulated Order, Langley Ridge agreed to provide the following documentation to WFIB: 22 23 24 25 • Update to personal financial statement for C. Thomas Foster and Maryl Foster with supporting documentation including, but not limited to, current bank statements. • Current financial statements for Langley Development Group, Inc., RAL Development and Venture Company, Langley Venture Group, Inc., Langley Meadows LLC and Sturgus, LLC. PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -5 K:\2037 501\00030\20347 _ OCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH A VENUE SUITE 2900 SEATTLE, WASHINGTON 9lll04-l !58 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 1 2 3 4 5 6 7 • Copies of all existing purchase and sale agreements as to property held by any and all of the above-named entities. • A list of projected closing dates and expected revenues for all current projects by any of the above-named entities • Copies of any correspondence with purchasers, real estate professionals and escrow agents relating to Langley Ridge (including residential real estate appurtenant thereto), Honey Brooke West, Ryan Way, Briarwood, Langley Meadows and Sturgus. C. The Judgment Against Langley Development. 8 By November 30, 2007, neither Honey Brooke West nor Langley Ridge had sold, 9 and on December 10, 2007, the Court entered a judgment in favor ofWFIB against 10 Langley Development, on the fraudulent transfer claims, in the amount of $594,782.74 11 (the "Judgment"). 12 D. The Development Projects Owned By Langley Development 13 Langley Development owns two development projects, commonly known as 14 Honey Brooke West and Langley Ridge, legally described in Exhibit A hereto. Attached 15 to the Declaration of Patrick J. Burke (the "Burke Deel.") as Exhibit A is a copy ofa 16 financial statement provided by Mr. Foster pursuant to the Stipulated Order, in which he 17 details his belief as to the value of each project and the encumbrances against it. Mr. 18 Foster indicated a belief at that time that Honey Brooke West had a value of 19 approximately $9,750,000, and that it was encumbered by deeds of trust in the amount of 20 $7,003,000, and that approximately $1,314,500 in other debt and costs would need to be 21 satisfied from the proceeds, leaving proceeds of approximately $1.4 million subject to 22 WFIB's writs of attachment. As to Langley Ridge, Mr. Foster estimated a sales price of 23 $7,776,000 and debt of$6,299,999. He estimated "other" costs of$748,000, leaving 24 proceeds of $729,000 subject to WFIB's writs of attachment. 25 Throughout this proceeding, Mr. Foster has represented Langley Ridge and Honey PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -6 K:\2037501 \00030\20347 _DCN\20347P241T KIRKPATRICK& LOCKHART PRESTON GA TES ELLIS LLP 925 FOURIB AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE· (206) 623-7580 FACSJ?,.fil,E. (2%) 623-7022 1 Brooke West as the solution to his money woes. He has consistently represented them to 2 be on the cusp of selling. In a deposition for supplemental proceedings, conducted by 3 WFIB on June 28, 2007, Mr. Foster testified that Honey Brooke West was under contract 4 for sale to Harbor Homes, and that the sale was expected to close in August, 2007. See 5 transcript of deposition of C. Thomas Foster (""Foster Dep"), appended as Exhibit D to 6 the Gearin Deel., at 27:6-10; 29:25 -30:3. He further testified that Langley Ridge was 7 under contract to sell to Norris Homes, and that the sale was also expected to close in 8 August, 2007. See Foster Dep. at 31: 13-24. By August, the estimated closing dates had 9 moved to October, 2007. Burke Deel., Exhibit A. 10 As of the drafting of this motion, the sales of Honey Brooke West and Langley 11 Ridge have not closed. Mr. Foster and Langley Development, in clear violation of the 12 terms of the Stipulated Order, and despite numerous requests, have failed to provide any 13 information on the status of the closings of Honey Brooke West and Langley Ridge. In 14 the meantime, Langley Development appears to have not been paying its subcontractors, 15 resulting in liens against its projects. See printout of on-line records from the King 16 County Auditor, showing liens filed against Langley Development, attached to the Gearin 17 Deel. as Exhibit E. 18 Over the last several months, WFIB has been left to gather what information it 19 could on the status of Langley Ridge and Honey Brooke West from other lenders with 20 liens against the projects. The information received has not been encouraging. WFIB has 21 learned that Norris Homes has indicated that it intends to back-out of its obligation to 22 purchase Langley Ridge. Despite repeated attempts, WFIB has been unable to ascertain 23 any information on the status of a closing on a sale of Honey Brooke West. It has, 24 however, come to light that Langley Development is in default on its obligation to two 25 lenders with an interest in Langley Ridge, which have taken the first step to foreclose on PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -7 K:\2037 501 \00030120347 _ DCN\20347P241T KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOUR11-I AVENUE SUITE2900 SEATTLE, WASHINGTON 981D4-1l58 TELEPHONE· (206) 623-7S80 FACSIMn,E. (206) 623-1022 1 their interests under RCW Ch. 61.24 by providing a notice of default. See Motion to 2 Withdraw filed by Paul E. Brain on March 12, 2008, herein; Gearin Deel., Exhibit F. 3 III. STATEMENT OF ISSUES 4 Should the Court appoint a general receiver to take control of Langley 5 Development? 6 IV. EVIDENCE RELIED UPON 7 The Declaration of Patrick Burke and Michael J. Gearin and the pleadings and 8 papers herein. 9 V. ARGUMENT 10 The Washington Receivership Act, RCW Ch. 7.60, provides numerous grounds for 11 appointment of a receiver, many of which are satisfied in this matter. The Court may 12 appoint a receiver in any of the following circumstances: 13 14 15 16 17 18 19 20 21 22 23 24 25 • the party applying for the receivership "is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue- producing potential is in danger of being lost or materially injured or impaired." RCW 7.60.025(a); • "after judgment, in order to give effect to the judgment." RCW 7.60.025(c); • "upon an attachment of real property when the property attached is danger of waste, impairment, or destruction ... or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver." RCW 7.60.025(g); and • "In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties." RCW 7.60.025(nn) As its stands, WFIB has an interest in Langley Development by virtue of its judgment, and a perfected interest in the proceeds of the Langley Ridge and Honey PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -8 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SlITTE WOO in K:\2037501 \00030\20347 _DCN\20347P241 T SEAITLE, WASHINGTON 98104.JISB TELEPHONE: (206) 623-7580 FACSIMILE· (206) 623-7022 • I Brooke West projects by virtue of its v.'Tits of attachment. The question, then, is whether 2 the value of Langley Development is in danger of being lost. The answer is clear that it is. 3 The assets of Langley Development arc rapidly diminishing. Its assets consist of two 4 residential development projects, and in light of the downturn in the housing market and 5 construction sector, it can be anticipated that the value of Langley Ridge and Honey 6 Brooke West have declined since August, 2007. Moreover, interest on secured creditor 7 claims continues to accrue, rapidly eroding equity available to WFIB and eroding its 8 interests. In the meantime, there is ample evidence that Langley Development has no 9 ability to liquidate these assets for the benefit of its creditors. It has represented for IO months that both projects were on the verge of closing, yet no closing has materialized. 11 Instead, construction liens are attaching lo the projects, lenders are declaring defaults, and 12 buyers are walking away from their agreements to purchase the projects. 13 As it currently stands, there may be value in Langley Ridge and Honey Brooke 14 West for creditors such as WFIB. That said, if a receiver is not appointed, it can be 15 anticipated that Langley Development will continue to delay and obfuscate while any 16 value in the company is lost to accruing interest on its construction loans, liens by 17 materialmen, and the decline in the market. Simply put, Langley Development has shown 18 itself to be incapable or intransigent when it comes to completing and selling its 19 construction projects. 20 In August, 2007, there was value, per Mr. Foster, in Langley Ridge and Honey 21 Brooke West that could have resulted in funds to fully satisfy WFIB's interest, had the 22 projects only been completed and sold. The projects were not completed and sold. There 23 may still be value in the projects, but it cannot be reasonably argued that any value is not 24 in danger of being lost. WFIB has been forced to watch from the sidelines as its chances 25 of recovering on its judgment have been squandered by the mismanagement of Langley PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -9 K:\2037 501 \00030\20347 _DCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 92S FOURTH AVENUE SUITE 2900 SEATrLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7S80 FACSIMILE {206)623-7022 1 Development. Meanwhile, in violation of its obligations under the Stipulated Order, 2 Langley Development has refused to keep WFIB informed as to its negotiations with 3 purchasers and issues with its lenders. 4 RCW Ch. 7 .60 gives the Court the power to appoint a receiver to protect the 5 interests of creditors such as WFIB. This is clearly a situation where the Court should use 6 that power. The only way to preserve whatever value might be left is to place the 7 company under the aegis of the Court via appointment of a receiver. 8 Based on the above, WFIB respectfully request that the Court appoint Perry A. 9 Stacks as the general receiver of Langley Development Group, Inc. for the immediate 10 purpose of taking control of the Langley Ridge and Honey Brooke West projects, and 11 finalizing sales of the real estate and attendant assets for the benefit of creditors of 12 Langley Development, including WFIB. 13 DATED this 17th day of March, 2008. 14 15 16 17 18 19 20 21 22 23 24 25 PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -10 K:\2037501100030\20347 _ OCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON G S ELLIS LLP a~ Michael . Gearin, wsBA # 209s2 David C. Neu, wssA #33143 Christopher M. Wyant, wssA #35561 Attorneys for Plaintiff Washington First International Bank KIRKPATRJCK & LOCKHART PRESTON GA TES ELLIS LLP 92S FOURTH A VENUE SUlTE 29DO SEATI1..E, WASHINGTON 9gJ04-JlSB TELEPHONE: (206) 623-75!10 FACSIMILE: (206) 62)-7022 • I 2 3 4 EXHIBIT A Legal Description of Langley Development's Real Property Langley Ridge All of the plat of Langley Ridge at May Creek, recorded in Volume 246 of Plats, 5 pages 47-56, under King County, Washington, Auditor's no. 20080212000465. 6 Honey Brooke West 7 All of the plat of Honey Brooke West, recorded in Volume 246 of Plats, pages 87- 91, under King County, Washington, Auditor's no. 20080229000783. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -11 K:\2037 501 \00030\20347 _ DCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTII A VENUE SUITE 2900 SEATTLE, WASIBN'GTON 98104-1158 TELEPHONE (206) 623-7S80 F ACSIMJLE: (206) 623-7022 The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument I 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHINGTON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, J2 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 WASHINGTON FIRST Defendants. 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, v. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I K:\2037501\00030\20347_DCN\20J47P241 P Case No. 06-2-35218-1 SEA (LEAD CASE) DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH AVENUE SUITE 2900 SEATfLE, WASHINGTON 98104-1158 TELEPHONE. (206) 623-7580 FACSIMILE (206)623-7022 I WASHINGTON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 V. Plaintiff, RAL DEVELOPMENT AND VENTURE 6 COMPANY, a Washington general partnership; STURGUS LLC, a 7 Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN 8 HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS 9 FOSTER and MARYL FOSTER, husband and wife and the marital community IO thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; 11 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 INCORPORATED, a Delaware corporation; I ST SECURITY BANK OF 13 WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin 14 limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, 15 a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, 16 husband and wife, BAIMA & HOLMBERG, INCORPORATED, a 17 Washington corporation, Defendants. MICHAEL J. GEARIN declares as follows: Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) 18 19 20 I. I am an attorney with Kirkpatrick & Lockhart Preston Gates Ellis, LLP, 21 counsel for Washington First International Bank ("WFIB") the plaintiff herein. 22 2. A copy of a deed from real property from Langley Development Group 23 Inc. ("Langley Development") to Cairnes Construction, LLC ("Cairnes"), obtained from 24 the on-line records of the King County Auditor, is attached as Exhibit A. 25 3. Attached hereto as Exhibit B is a copy of the excise tax affidavit, obtained DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -2 K\2037501 \00030\20347 _DCN\20347P241 P KIRKPATRICK & WCKHART PRESTON GATES ELLIS LLP 925 FOURIB A VENUE SUITE 2900 SEATILE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 1 from the on-line records of the King County Auditor, associated with the sale from 2 Langley Development to Caimes. 3 3. Attached hereto as Exhibit C is a copy of the stipulated order entered in 4 this proceeding, granting WFIB writs of attachment against property of Langley 5 Development. 6 4. Attached hereto as Exhibit D are excerpts from the transcript of the 7 deposition of C. Thomas Foster ("Foster Dcp"), taken on June 28, 2007. 8 5. Attached hereto as Exhibit E are printouts of on-line records from the King 9 County Auditor, showing liens filed against Langley Development. IO I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. Attached as Exhibit F is a copy of a notice of default, provided to me by counsel for Frontier Bank. I declare under the penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. ti --,-~. EXECUTED this _t___:__:_ day of March, 2008, at Seattle, Washington. ~,HJ·~ '\ I ' {\ ,j\Qp.~ Michael J. Gearin DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. · 3 K.\2037501\00030\20347 _DCN\20347P241 P KIRKP A TRJCK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-11511 TELEPHONE: (206) 623-7560 FACSIMILE: (2.06) 623-7022 AJ'11lR RECORDING MAIL TO: c&imes Construction. LLC i48fll,.Sll 264• Street /Ken~ WA 98032 21111111111111111 0071213001424 ~"fflT~N Ji WD 41.00 •12113/2117 15:22 ING COUNTY, MA E2324510 12/13/Zl17 t&:11 ' ,.·. I(~ COUNTY, '11t,1S3.tt SALE $868,Nt.H PMEee1 OF H1 ' .. ,i ''''·"··" ,· ~tatqti1~ W~rraoty Deed ~ GRANTOR Langley D~~~me:iit ofoup Inc., a W8Sbipito~cbrp(?~ation for an_~ in considerati9n•ofTEN DOLLARS AND OTHER GOOD 1.NO .. V AL\l'AB~E CJ)NSID~ TION u{h~d paid, conveys a~ w~ts to Cairn es Construction, LirC, a Wash~nmon qrnitedJia~J.\!ty ~mpan:(tbe .following describetfreal estate:, situated in the County of King , ~te of WMg!ngtgfi: ·';,,/ \ i:: ) f ''~"'iWJJ!!li~'f.})J,'lr:L!ff:l'f~····ffl···.,,. ~1-·rff.' .E., ........ if'l;;?,.,'fo,."'F.!' ~~:C,;;a~~ : 'l'l 'f,, · . · . 'f',!'f'W'f7!fi'r?'ff'' ·.· .. , .. r n n .. · 1u11 .. / / ::: t ** See Atta."c::heCf Exhibt 'A' oimol~c:takwui>oES THAT mLB TO THE PROPERTY IS MARKETABLE j"r·'lldE.tfME.'hf .&is 6~VEY Af.lCE. THE RCILLOvitNG sMALL NbT CAUSE..THB TITLE TO BE UNMARKETABLE: RIGHTS, RESER¥ii.11QNs/COvE°NAN1'S, .. CoNDli}ONs,,:'.,t.ND ~JRicnONt·.PRESENTL Y OF RECORD AND GENERAL TD THE ARBA{~eM~TS AND -i'.J:,NCROA'GHMENT~lNP'rMATER1Al:i.Y AFFECTING THE VALUE OF OR UNDULY INTERFERINQ WI}'){ GRANTEE'S ~~ONABLE U~ 0:f TH~lROfERTr; AND RESERVED OIL AND/OR MIN!NG RIGHTS. ·. . Docu~~r6'ate: {216/ioo, ,/ Langley Develop~ent~:~:P, ~/. ·' . STA Tll OP WASHINGTON County of King I certify that I know or have satlsfactory·:e,~lde~e ~t ¢11nl9n iJ,omtiS f0:Ster and Gary Stump are the persons who appeared before me, and saicl"personf acl\llowlfdgeg,_that th!'Y signed this instrument, on oath stated that they are authorized to execiJte the ll'lstrUr'Oent'-'and;.'aC:knowtedged it as the President (Clinton Thomas Foster) and Vice Pntsident (Gary· StUfflp) /of L:anciiey Devetol>ment Group, rnc. to be the free and voluntary act of such party for the de:es_;fmd purp_~ses/iTie9Ji9n'ed in tti&_.lnstrument. . . Dated this ~ day of (X'.letflber J.Op:/- EXH I BIT__._A..,__ . ;· • ,. "'. r,6TS), r, J\Nl}··3 .. , KING COUNTY SHORT PLAT NO, LUA-05-113-SHFL, IIECORDING ,NO' ioo7-i:1,2'i90000'<1:, IIECOR!,JS, ,O.F KING =' WASHINGTON r SITUATE IN THE : ·crri OE': <IENTO!l.,. COUNTY at KINC1' STATE OF WASHINGTON' ' ' ,,' ,h:/ /,,···./ \ :,.,, .. ,,· 100110 SPAAABAB 8-3--08 BI\NNEI! BAN[( .~~ . .:· ~<'>~ REALESTATEEXCISETAXAFFIDAVIT PLl;~isETI'?EoRhum CHAPTER 82.45 RCW-CHAPTER4SS,-6IA WAC ~r::;::;:e.:. ,, ·. -.TtlJS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FUllY COMPLE'n:D (See b..::i:: or last page for instructions) lfmutti leowners.llst ,. __ .' ,Nunc I .ingfoy DeyCJ9pniC]1t Group Inc. a Washington Corporation ,,· . •' Mai~!-~~ ~~dres~:·6il,_p Sou~~ Bl Yd#] 06 -~~~;,i~. w1~B11!:'·"•• ~; Ph~.~. (il'i~ludi~arc11;~)---~s--~~-+---I m <:> Name Caimcs Construction, LLC, a Washington Limited Llabili[y Company Mailing Address 14845 SE 264th St .Pbcnc No. inctudin area code ··.• .. .• ;. .:· ·: Name Caimc~:'¢an?m'76on .f IC J Mailing Addres~·j:(i4s se 264.;..&t,:/. List all JU 1111d personal pn:,perty tax paiwl "~t numbcr:s -cited:: box: if pmonal property List asscued value(s) Cityts1itt!Zip Kent vAti 98032 Phone Na. (including area cciil;J ......... ,., •. , Select Land Use Codc(s.).:,,,-----------'-4------;.--, List 1111 pcrsGnal J?_i'operty (tingiblc md i~"gi])lc) included in Entcranyadditionalc~S:00-._ ____________ ',--sell~il~·-(\ __ ,,., .. ,,. \.. } \ (Sec back oflast pag~:far i~ions) ,. :::i:::;';,';',n;~~.::)~!l/P'•~ •~po,ohop," S4.l6 RCW '8'' ·:fd,;m;,ii .,;.....,.,.,.JjnWA<;m,.i,,, d ""'°" fo,,=ptim -----.'--+--+--+---------------1 w~~··~. (~;uo~~·lan) __ :-/-.~---.;...---------- Is this propel desig,{~ as.iiorest ~d pa i;haplcr 34.33 R.CW? ls this prop¢y classlfied as.CUm:nl~ (open sp~. farm and agricultur~t;' orti~} lanfpcr ch~ ~~.341. .. ls this prq~rty m:eiving:ipeeial raJ,ll!J.ilxi as hi~rical property per per chap(cr 84.26''.f!,01{1' .. · . ·· ·· .. If 1111y an,wcrs are yt!S"; romplctt Lt instructed bclO\lf. ··-,. :. -···· . ! i (I) No;i:~ OFCONTl;NU~cE (FO~ ~ OR CURRENT USE) NEW OWNER.ts): To t<?,{ltinuc.~ ~l ~ig:o~ a,fORSt,land or classification as cUinnrt'Wic (o~ sp*, ratin and qrii:;ufture, or'll!Jlbcr} 1-.d, yoa must sign 011 {J) below. The C;0111ty:itsses~r m~ 1htn ikknninc i~.IIH: lmd transferred continues to qualify."1111d wl,1) ~icatcJ;'yJgnitg below. If.the land no longer qualifies or you do not'N!,sh to c&itinuc ~ /csignlf;ioih1r d~ifi~.O:P• ii will be rcmovtd and the corr.,eti~g OT add~ taxB$.'Will ~ due;.md ~le by the seller or transferor at lhe ~ ofs:ale./(RC'N 84-13.140 Oi:~<;.W 8:<f.34. IP&). Prior to sigiing (3) below, you may·t1anl,st'0)'0llr·jocal ¢omty assc:l~r fdr mort:' infonmllion. · ·· ·· ·· -~· This land D does O docs not qualify £or oiJ_nlinu~~-·· ----~oe=,UT=v~A~ss=,s~so=• _____ ._·":::, ... ,:,,,,.,, ... •· PAG&,H\ OF et1 Reason for cx~~ption Type of Document ~& w~~· Deed ~afDoc::umcn ~12a1~,a~oo='-"f~------ Gross Sellina: Price ' 660 000.00 Personal Property {Dl::duct) ' Taxable Selling Price Excise Tax; State ' Loo,/ ' ·,,, -~linquc:R lntcrcst ' ~ah ' '7 S.00 .:bc1~:q~~~;Penalty S 0.00 :· Total DIii"-, S II 4ioo + - A MINIMUM OF' S10.0l l8 DUE IN FEE(S) AND/OR TAX _) ;, .. ··•s~_INSTRUCTIONS PerJ•l1'= Pajury is a cla.s$ C felony which is punishable by impriJOnm111t in lhc SUl!c com:ctional institution ft>T I mu:imum ttnn of DO;~ than fM: y~~ Q't.by a fine in an amounl llxed by the court of not more than five thCJusand dollars ($5,000.00), or by bod! imprisonm~t lll'ld fine (RCW 9A.20.020 °(IC))/ .:' ';i REV 84 0001 ac {a) (02/ll/07) IBIS SPACE -TREASURER'S USE ONLY COUNT>'. TREASl/Rl)R EXHIBIT_B __ ~'. =~:. -"'!l 3, I<INO co<JNT;< s1foRT P!iT N6•,L,l:~.:~13-SHPL, R:ECOIUlINo NO, 20071127900004, NtCOlWS ·01:_.::b~G cf?UNTY, WA~IN~,r·"itIT:tJA'l'!l IN CITY :EWrl'ON, COTJNTY or KING, S1A'l'E ··.qr:JiASH~~ . .. / --~:!'!.;>.:·:. •• .. <1,.i', // j,,.._/. e ... ·_· =""' -~\,.,,.,.'. .. -,.._ RECEIVED SEP 11 2007 JUDGE JOHN P. EALICK DEPARTMENT 51 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON IN AND FOR THE COUNTY OF KlNG WASHINGTON FIRST 9 INTERNATIONAL BANK, a Washington bank, . 10 11 12 Plaintiff, V. LANGLEY DEVELOPMENT GROUP, 13 INC., a Washington corporation; GERALD STUMP and JANE DOE 14 STUMP, husband and wife, and the marital community composed thereof, and 15 C. THOMAS FOSTER and MARYL C. FOSTER, husband and wife and the 16 maiital community composed thereof, 17 Defendants. 18 WASHINGTONFlRST INTERNATIONAL BANK, a Washington 19 bank, 20 Plaintiff, 21 V. 22 c .. THOMAS FOSTER and MARYL FOSTER, as individuals and in their 23 marital community, 24 25 Defendants. STIPULATION AND ORDER FOR PRELIMlNARY INJUNCTION AND WRITS OF A'ITACHMENT-l · Case No. 06-2-35218-1 SEA (LEAD CASE) STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT [Clerk's Action Required] Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KlRKPATRJCK & WCKHART PRESTON GATES ~lLlS UP 925 FOURTn 11. \'l!NUE SUITE 2900 SEATTLE, Wi\SHINOTON 911D4-J rss Tal!Pf!ONE: (W6} 6:ZJ.'1380 F ACSIMlLI!! (2116} GD-702? EXHIB\T___::C::..-- ' l WASHINGTON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff, V. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STURGUS LLC, a Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS FOSTER and MARYL FOSTER, husband and wife and the marital community thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, a Delaware corporation; l ST SECURITY BANK OF WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin limited liability company; LANGLEY VENTIJRE GROUP, INCORPORATED, a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, husband and wife, BAIMA & HOLMBERG, INCORPORATED, a Washington corporation, Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-l SEA) 20 STIPULATION 21 Plaintiff Washington First International Bank ("WFIB") and defendants Langley 22 Development Group, Inc., Langley Venture Group Incorporated, C. Thomas Foster and 23 Mruyl Foster, RAL Development and Venture Company, and Sturgus LLC (collectively, 24 "Defendants"), by their undersigned counsel, stipulate to the following: 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT -2 KJRKPATR.ICK & LOCK.HART PRESTON GA 1'ES f!LLlS UP 9JS FOURTH h VENUE SUJTE~~OO SEAITl.E, Wt.SHINGTON ?BJ04-IJ58 Tl::I.Ef'HONI: fl06J C',23-7580 FACSIMILE: (20(i} C.lJ-1022 1 1. WFIB and Defendants have reached an agreement to allow Langley 2 Venture Company, RAL Development and the Fosters an opportunity to pay obligations 3 owing to WFIB in full from sources including the proceeds of sales of development 4 projects held by Langley Development Group, anticipated to close no later than November 5 30, 2007. fu exchange for WFIB 's agreement to withdraw or re-note pending motions 6 against Defendants and to otherwise forbear from collection with respect to certain 7 specific assets, Defendants agree to provide WFIB with additional protection ofWFIB 's 8 rights and interests. Specifically, Defendants agree to a preliminary injunction against the 9 dissipation or commingling of sales proceeds from several construction proj eels ( other 1 o than to pay WFIB on its judgments) and to allow WFIB to take writs of precjudgment 11 attachment and garnishment, as assurances that WFIB's ultimate ability to recover on its 12 claims will not be prejudiced by the delay of further collection action. Should it become 13 necessary, the partiBs agree that each of the stipulated provisions below should be 14 interpreted broadly to provide WFIB with the maximum protection of its rights and 15 remedies. The parties further agree that WFIB shall be entitled to such further orders of l 6 this Court as shall become necessary to enforce this stipulation and proposed order, 1 7 including but not limited to additional injunctive relief and orders of contempt. 18 2. Other than the terms expressly contained in this order, WFIB has not 19 agreed to forbear or modify its rights relating to aoy of the loan obligations, judgments or 20 other claims held against I>efendants. This stipulation and proposed order are not 21 intended to evidence or to constitute any waiver ofWFIB's rights and remedies under any 22 of the loan documents. The entry of this Stipulated Order does not result in a cw·e of 23 existing defaults or reinstatement of any of the loans which are the subject of this action. 24 3. WFIB hereby agrees to re-note its motion for partial summary judgment 25 filed under Lead Case No. 06-2-35218-1 SEA, dkt no. 250, for November 30, 2007, at STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION ANDWRJTS OF AITACHMENT-3 KfRKPA TRlCK & LOCKHA..RT PRESTON OATES ELLIS LLP ns FOURTH /\VENUE . SUITE2900 SEATTl,f., W/\SHINOTON 98JO<l·H5t Tfil.EPHOllE; (2116) 62.~-7.SBCI FACSJMJLE: (206) lin• 7011 10:00 a.m. WFIB further agrees that it will not, prior to November 30, 2007, take any 2 action to execute upon, liquidate or take possession of the following specific assets 3 disclosed by C. Thomas Foster, belonging to one or more of Defendants: (a) C. Thomas 4 Foster equity interests in Langley Development Group, Inc.; (b) investment account 5 containing securities valued at approximately Sixty Five Thousand Dollars held at Merrill 6 Lynch; (c) investment account containing securities valued at approximately Forty Eight 7 Thousand Dollars held at Charles Schwab; and (d) the Fosters' primary personal 8 . residence. WFIB further agrees to release from garnishment funds held in the U.S. Bank 9 accounts jointly held in the name of Marcus Foster and Maryl Foster (Nos. 1-535-0156- 1 o .9252 and 2-535-0078-7663). 11 4. This Stipulated Order shall be entered in connection.with WFIB's motion 12 for preliminary injunction and its motion for pre-judgment writs of attachment, both filed 13 in Lead Case No. 06-2-35218-1 SEA, currently scheduled for September 11, 2007, at 3:00 14 p.m. before Hon. Judge John P. Erlick. 15 5. The parties agree that Defendants shall be preliminarily enjoined as . l 6 follows: 17 a. Langley Development and/or any entity or individual that controls 18 Langley Development shall not remove, transfer, sell, assign, secrete, convert, conceal, or 19 otherwise dispose of ~y proceeds of sale from the real estate development projects 20 commonly known as Langley Ridge, Honeybrooke West and Benner, or any other assets 21 or proceeds that are or become the prope1iy of Langley Development except for (1) those 22 proceeds necessary to release currently-recorded deeds of trust on such real property, and 23 (2) normal and reasonable closing costs; 24 b. Langley Development and/or any entity or individual that controls 25 Langley Development shall not transfer, dilute or otherwise dispose of Tom Foster's STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATIACHMENT -4 KIRKPATRlCK & LOCKHART PRESTON GAl"EIB ELLIS LLP 91:S FOURTH ,\Vf:NllE SUITE2!11Kl S~nl.E, WhSHWGTON 9!11N-I ISS TEl.EPHONE: (l06) fil3-7SSO FACSIMlL!c: (206) 623-702? 1 interest in Langley Development, or otherwise dilute Tom Foster's interest in Langley 2 Developm!'nt; 3 c. Defendants shall not cause or allow the dissipation or transfer of 4 funds or other assets, whether in the form of proceeds from construction projects or 5 otherwise, out of the possession of Langley Development Group, Inc., RAL Development 6 and Venture Co., Langley Venture Group, Inc., Langley Meadows LLC or Sturgus LLC, 7 except to non-defendant third parties in the normal course of business and as expressly g stated in subsection (a) above. Defendants shall provide written reasonable advance 9 notice to WFIB of any intended disposition of funds or assets whether .in the form of IO proceeds from construction projects or otherwise, out of the possession of Langley 11 Development Gtoup, Inc., RAL Development and Venture Co., Langley Venture Group, 12 Inc., or Sturgus LLC, to include copies of any estimated closing statements, 13 correspondence with closing agents and purchasers so as to allow WFIB adequate 14 opportunity to object to the disposition of such funds or assets. In the event that WFIB 15 does object to the disposition of any such funds or assets, Defendants shall not conclude 16 any such disposition absent further.order of the Court. 17 d. Defendants shall not commingle revenue generated by Langley 18 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 19 Inc., Langley Meadows LLC or Sturgus LLC, with the personal funds of C. Thomas 2 o Foster. 21 6. The parties further agree that WFIB shall be granted an order providing for 22 writs of attachment and garnishment in the following property: 23 a. All property, accounts, receivables, funds, interests in family tmsts, 24 and other assets ofC. Thomas Foster and Maryl Foster, individually including, but not 25 limited to, assets in the name of the C. Thomas Foster and Maryl C. Foster Trust; STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATIACHMENT-5 KIRKPATRICK. & LOCKHART PRESTON GATES ELLIS LLP ?l!i FOURTH h VEN LIE S\JITE:2900 S.EATTL£,WI\SHINt.:iTON 981D-1-115ll TELEPHONE: [106) 62..'\.,mi r-ACSIMlLI:.: (2116) 623-7011 1 2 3 4 5 6 • b. All proceeds, net only of proceeds necessary to release currently- recorded deeds of trust and normal and reasonable closing costs resulting from the sale of assets by Langley Development Group, Inc., including, without limitation, the projects . ' commonly known as Langley Ridge (to include the residential real estate appurtenant thereto) and Honeybrooke West; C. All proceeds resulting from the sale of assets by RAL Development 7 and Venture Co., including, without limitation, the project commonly known as 8 Briarwood; 9 d. All proceeds resulting from the sale of assets by Langley Venture 1 o Group, Inc., including, without limitation, the projects commonly known as Pottery 11 Works; 12 e. All proceeds resulting from the sale of assets by Sturgus, LLC 13 including, without limitation, the project commonly known as Sturgus Avenue. 14 f. All proceeds resulting from the sale of assets by Langley Meadows, 15 LLC including, without limitation, the project commonly known as Langley Meadows. 16 17 18 19 g. All proceeds resulting from the sale of assets commonly known as Ryan Way, which is encumj)ered by two Deeds of Trust in favor of C. Thomas Foster, payable to any of the Defendants. 7. Defendants agree lo accept service as to any and all writs of attachment or 20 pre-judgment garnishment through counsel Paul Brain. 21 8. The parties agree that the above-described writs of attachment and 22 garnishment are intended to secure all debts owed by Defendants to WFIB under the 23 written loan documents at issue in each and every of the above-captioned actions. 24 9: Defendants agree that WFIB need not post a bond in support of any and all 25 of the stipulated writs. STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT -6 KIRKPATRICK& LOCKHART PRESTON GA TES ELUS LLP 925 FOURTH/\ VENUE SUITE. 29UD SEATnE, WASIHNGTON 9SIO,.H I ~i TFJ.EPHONE; {2061 61.}-7$RD FAGSlMlLE: {20f,) r,n-nm • I 10. Defendants agree to provide WFIB the documents and information listed in 2 Attachment A to this stipulation. Such documents include currently in Defendants' 3 possession, as well as documents that may come into Defendants' possession in the future. 4 11. The first available funds from (a) the closings of the projects commonly 5 known as Langley Ridge (to include the residential real estate appurtenant thereto); (b) 6 Honeybrooke West; (c) Ryan Way; (d) Briarwood; (e) Langley Meadows; (f) Sturgus; and 7 (g) Benner (including proceeds. payable to the Trust relating to the deed of trust on the 8 Benner property), net only of proceeds necessary to release currently0 recorded deeds of 9 trust and normal and reasonable closing costs, shall be paid to WFIB until such time as the 1 o outstanding loan obligations have been paid in full, including all interest, costs and fees 11 called for under the loan documents. Such proceeds will be applied first to the loans 12 known as Pottery Works on a pro rata basis, and, once the Pottery Works loans are 13 satisfied, to the Briarwood loan. The Parties anticipate that sufficient revenues will be l 4 available to pay WFIB in full no .later than November 29, 2007. In the event that WFIB 15 has not been paid in full on or before that date, WFIB may resume its litigation and l6 collection activities free from any restrictions contained in this Stipulated Order. 17 12. Defendants further agree to grant WFIB a deed of trust in the recently- l 8 created lot on the property known as Briarwood, which was formerly a portion of the lot 19 owned by Michael and Linda Dooley. 20 II 21 II 22 II 23 II 24 II 25 STIPULA TJON AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF A 'ITACHMENT -7 KJRKJ>ATRICL< & LOCKHART PRESTON OA res ELL1S LLP 925 FOURTH A VE.NU!! SUJTEl\100 SEATILE, WI\SHl'NC,TON 98·f0ol-! 153 TEJ.EPHONE: (2116) 623-7580 FACSTMl!k (20/',) 6l.'-mn 1 DATED this 11th day of September, 2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT-8 KJRKPATRICK & LoCKHART PRESTON GA S ELLIS LLp' Michael J. Gearin, w A #20982 David C. Neu, wsBA •rn4J Christopher M. Wyant, WSBA #35561 Attorneys for Plaintiff W · on First International Bank KIRKPATRICK & LOCKHART PRESTON GATES ELL1S LLP ns FOlJRTH AVENUE sum:.2900 ~E,\n1.E, WASHINGTON 9HID~"l 1S!I TEJ.EPHDNI;; 006) t\lFJ5~0 Ft\C:SIM!Lra, [2()6) 623-J(ln 1 2 3 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attachment A • Update to personal financial statement for C. Thomas Foster and Maryl Foster with supporting documentation including, but not limited to, current bank statements. • Current financial statements for Langley Development Group, Inc., RAL Development and Venture Company, Langley Venture Group, Inc., Langley Meadows LLC and Sturgus, LLC. · • Copies of all existing purchase and sale agreements as to property held by any and all of the above-named entities. • A list of projected closing dates and expected revenues for all current projects by any of the above-named entities • Copies of any correspondence with purchasers, real estate professionals and escrow agents relating to Langley Ridge (including residential real estate appurtenant thereto), Honeybrook West, Ryan Way, Briarwood, Langley Meadows and Sturgus. STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OP ATTACHMENT -9 KIRKPATRICK & LOCKJ-V,RT Plt.ESTON OATE!S ELLlS LLP ns FOURTH A.VENUE SUITE 2900 SEATTLE, WASHINGTON ~SID~-· rsg TEI.EPHONE; fWfi) 623-1$80 FACSII.ULE! {206) 6l3-70H 1 2 3 ORDER This Court having considered the stipulation above and finding good cause for 4 · entering an order pursuant to the stipulation, NOW THEREFORE IT IS HEREBY 5 ORDERED as follows: 6 I. Plaintiff's motion for partial summary judgment, filed under Lead Case 7 No. 06-2-35218-1 SEA, dktno. 250, is RE-NOTED for November 30, 2007, at 10:00 8 a.m. 9 2. Defendants are hereby PRELJMINARIL Y ENJOINED from taking any Io action inconsistent with the stipulation reflected in this Stipulated Order, including 11 without limitation as follows: 12 a. Langley Development and/or any entity or individual that controls 13 Langley Development shall not remove, transfer, sell, assign, secrete, convert, conceal, or 14 otherwise dispose of any proceeds of sale from the real estate development projects 15 commonly known as Langley Ridge (including the residential real estate parcel 16 appurtenant thereto), Honeybrooke West and Benner, or any other assets or proceeds that 17 are or become the property of Langley Development except for (ntho.se proceeds 18 necessary to release currently-recorded deeds of trust on such real property ( excluding 19 deeds of trust held by the Trust), and (2) normal and reasonable closing costs; 20 b. Langley Development and/or any entity or individual that controls 21 Langley Development shall not transfer, dilute or otherwise dispose of Tom Foster's 22 interest in Langley Development, or otherwise diluting Tom Foster's interest in Langley 23 Development; 24 C. Defendants shall not cause or allow the dissipation or transfer of 25 funds or other assets, whether in the form of proceeds from construction projects or STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT- • JO KIRKPATRICK & LOCKHART PRESTON OATES ELLlS LLP 92S !'OURTH ,\VENUE SUIT~290U !>EATTLE, WASHINGTON l,lklo.l-l IS~ Tm'.~PHONE.; (W6) l'i2J.7no FAC'SIMILF.: (205) 523-7Cm 1 otherwise, out of the possession of Langley Development Group, Inc., RAL Development 2 and Venture Co., Langley Venture Group, Inc., Langley Meadows LLC or Sturgus LLC, 3 except to non-defendant third parties in the normal course of business and as expressly 4 stated in subsection (a) above. Defendants shall provide written reasonable advance 5 · notice to WFIB of any intended disposition of funds or assets whether in the form of 6 proceeds from construction projects or otherwise, out of the possession of Langley 7 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 8 Inc., Langley Meadows LLC or Sturgus LLC, to include copies of any estimated closing 9 statements, correspondence with closing agents and purchasers so as to allow WFIB 1 o adequate. opportunity to object to the disposition of such funds or assets. In the event that 11 WFIB does object to the disposition of any such funds or assets, Defendants shall not 12 conclude any such rusposition absent further order of the Court. 13 d. Defendants shall not commingle revenue generated by Langley 14 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 15 Inc., Langley Meadows LLC or Sturgus LLC, with the personal funds of C. Thomas 1.6 Foster. 17 3. Pursuant to Chapter 6.25 and 6.26 RCW, Plaintiff Washington First 18 International Bank is hereby GRANTED writs of attachment and garnishment as to the 19 following property: 20 a. All property, accounts, receivables, funds, interests in family trusts, 21 and other assets ofC. Thomas Foster and Maryl Foster, inruvidually inclurung, but not 22 limited to, assets in the name of the C. Thomas Foster and Maryl C. Foster Trust; 23 b. All proceeds resulting from the sale of assets by Langley 24 Development Group, Inc., inclurung, without limitation, the projects commonly known as 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACT™£NT- -JI KJRKPATRJCK & LOCKH.ART PRESTON GATES ELLIS l.LP 92HO\JRTH ,\VEl\'I.IE SUll"E"l!JllU SEAITLE,WASHINCiTQN 9810</-ll5K TFJ..E.PHQNll; ,~u6) m. 75B!l FAC'SlMTt.E.; (20'1) m-71lll • 1 Langley Ridge (to include the residential real property parcel appurtenant thereto) and 2 Honeybrooke West; 3 c. All proceeds resulting from the sale of assets by RAL Development 4 and Venture Co., including, without limitation, the project commonly known as 5 Briarwood; 6 d. All proceeds resulting from the sale of assets by Langley Venture 7 Group, Inc., including, without limitation, the projects commonly knovvn as Pottery 8 Works; 9 e. All proceeds resulting from the sale of assets by Sturgus, LLC lO including, without limitation, the project commonly known as Sturgus Avenue. 11 f. All proceeds resulting from the sale of assets by Langley Meadows, 12 LLC including, without limitation, the project commonly known as Langley Meadows. 13 14 15 16 17 g. All proceeds resulting from the sale of assets commonly known as Ryan Way which is encumbered by a Deed of Trust in favor ofC. Thomas Foster, payable to any of the Defendants. 4. 5. Upon application.by WFIB, the Clerk shall issue such writs. Pursuant to the stipulated waiver of Defendants, the Court concludes that 18 WFIB need not post a bond in support of any of the writs described above. 19 20 21 22 23 24 25 --:.,..~ '.iL iHr DATED this_ day of , 2007. ' John P. Erlick King County Superior Court Judge STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT- -l 2 KJRKPATRlCK & LOCKHART PRESTON OATES ELl.!S LLP ns l'OURTH A Vl!NL•E SUJrE. 2900 SEATTLE, WASHfNGTON 9~10~-I m TEl.El'H0},11,.: (Zllli) fi2.l-75~fl FAC!iJMlLr:.: (Z()(;) r,23. 7n:n l Presented By: 2 KIRK.PATRICK & LOCKHART PRESTON GATES ELLIS LLP 3 4 (~ By~Ta/Vill,~~~~~~::::=:....._; 5 Michael J. Gearin, WSBA#20 David C. Neu, wsBA#JJl4J 6 Christopher M. Wyant, wsBA #35561 Attorneys for Plaintiff 7 Washington First International Bank 8 9 IO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT- -13 • KJRKPATRICK & LOCKHART PRES'fON OATES ELLJS LLP PlS FOURTH flV~NUE sum mo SEATTLE, WASHo,,IOTON 1181 C/4-1 ISS T'El.EPHONE: (2Dfi} 62.'\-7~Hn l'AOiTMTLE: (2116} Gll-7022 . . C. THOMAS FOSTER; June 28, 2007 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING WASHINGTON FIRST INTERNATIONAL BANK, a Washington bank, Plaintiff, vs. ) ) ) ) ) ) ) ) LANGLEY DEVELOPMENT GROUP, ) INC., a Washington corporation; ) GERALD STUMP and JANE DOE ) STUMP, husband and wife, and the marital community composed thereof; and C. THOMAS FOSTER and MARYL C. FOSTER, husband and wife, and the marital community composed thereof, Defendants. ) ) ) ) ) ) ) ) _______________ ) WASHINGTON FIRST INTERNATIONAL BANK, a Washington bank, Plaintiff, vs. C. THOMAS FOSTER and MARYL FOSTER, as individuals, and in their marital community, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ________________ ) 06-2-35218-1 SEA 06-2-35214-9 SEA (Consolidated Under 06-2-35218-1 SEA) Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 1 520 Pike Street, Suite 1320, Seattle, Washington 98101 * (206) 622-6875 * 1 (800) 831-6973 EXHIBl1 D . . C. THOMAS FOSTER; June _J, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) WASHINGTON FIRST INTERNATIONAL ) BANK, a Washington Corporation ) ) Plaintiff, ) ) vs. ) ) RAL DEVELOPMENT AND VENTURE ) COMPANY, a Washington general ) partnership; STURGUS, LLC, a ) Washington limited Liability ) company; THOMAS HOLIDAY and ) KATHLEEN HOLIDAY, husband and ) wife, and the marital.community) thereof; C. THOMAS FOSTER and ) MARYL FOSTER, husband and wife, ) and the marital community ) thereof; TERRANCE KOLBET and ) CHRISTINE KOLBET, husband and ) wife; MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, ) INCORPORATION, a Delaware ) corporation; 1st SECURITY ) BANK OF WASHINGTON, a ) Washington bank; GB HOME ) EQUITY, LLC, a Wisconsin ) limited liability company; ) LANGLEY VENTURE GROUP, ) INCORPORATED, a Washington ) corporation; MICHAEL DOOLEY and) LINDA DOOLEY, husband and wife, ) BAIMA & HOLMBERG, INCORPORATED, ) a Washington corporation, ) ) Defendants. ) 07-2-02555-3 SEA (Consolidated Under 06-2-35218-l SEA) SUPPLEMENTAL PROCEEDINGS DEPOSITION UPON ORAL EXAMINATION OF C. THOMAS FOSTER 11:00 A.M. JUNE 28, 2007 925 FOURTH AVENUE, SUITE 2900 SEATTLE, WASHINGTON 25 REPORTED BY: SHARI L. AHEARN, CCR 2396 Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 2 520 Pike Street, Suite 1320, Seattle, Washington 98101 * {206) 622-6875 * 1 (BOO) 831-6973 l I [ • C. THOMAS FOSTER; Jun_ 28, 2007 1 2 3 A P P E A R A N C E S FOR THE PLAINTIFF(S) WASHINGTON FIRST 4 INTERNATIONAL BANK: 5 DAVID C. NEU 6 7 8 9 10 11 Kirkpatrick & Lockhart Preston Gates Ellis, LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 (206) 623-7580 david.neu@klgates.com 12 FOR THE DEFENDANT(S) FOSTER: 13 PAULE. BRAIN 14 Smith Alling Lane, PS 15 1102 Broadway Plaza, Suite 403 16 17 18 19 20 21 22 23 24 25 Tacoma, WA 98402 (253) 627-1091 paulb@smithallinglane.com Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 3 520 Pike Street, Suite 1320, Seattle, Washington 98101 * (206) 622-6875 * 1 {BOO) 831-6973 • C. THOMAS FOSTER; June LB, 2007 Page 24 Page 26 , l MR. BRAIN: -or a shareholder's interest 1 MR. BRAIN: There are no shares. They've 2 in a corporation. 2 never been certificated. 3 Q. (BY MR. NEU) Page 2 of Exhibit 2, I would like 3 MR. NEU: Okay. 4 to go through these. What is Langley Meadows, LLC? 4 Q. (BY MR NEU) And you believe it's a trust s A. Langley Meadows, LLC, is a limited liability 5 asset under the terms of the 2003 trust agreement? 6 corporation, of which I'm a SO-percent owner. And it's 6 A. Yes. 7 on land that has preliminary plat approval, and we are 7 Q. Has it always been a trust asset, since 2003? 8 starting the development process. 8 A. Well, since its inception. 9 Q. Who is the other SO-percent member of Langley 9 Q. I guess what I'm asking is, when was the o Meadows, LLC? o Langley -the Honey Brooke West property acquired by 1 A. Gerald Stump. 1 Langley Development Group? 2 Q. When was Langley Meadows, LLC, formed? 2 A. Late 2005. 3 A. March of this year. 3 Q. When was Langley Development Group 4 Q. Where is the real estate that Langley Meadows 4 incorporated. s owns? s MR. BRAIN: 12/02 -'03. 6 A. In Renton. 6 THE WITNESS: I thought it was later than 7 Q. Is it just one plat that you're working on 7 that. B there? Has it been platted? B MR. BRAIN: I checked it on the Secretary 9 A. It's in the process of being --we have what 9 of State. Langley Development Group, as opposed to o they call preliminary plat approval. It's an assemblage o Langley Meadows. 1 of several tax parcels that has preliminary approval 1 THE WITNESS: Right 2 from the City of Renton to develop. And we are waiting 2 Q. (BY MR. NEU) Honey Brooke West, what's the 3 for our final engineering drawings, probably within the 3 status of that project? 4 next two or three weeks, before we can start 4 A. We are -it sold to Harbor Homes. s construction. s MR. BRAIN: That's the document that we Page 25 Page 27 Q. How many lots do you anticipate will be 1 developed at Langley Meadows? 2 A. There are 70 lots, of which we own 67, 3 l produced to you earlier that's captioned Addendum A. ! It's a copy of the purchase and sale agreement to this property. Addendum A actually should be at the back. Q. Who's the lender on Langley Meadows? 4 A. Frontier Bank. s Q. That's the 6.8 million or 6.9 million, roughly? 6 A. Yes. 7 Q. Does anybody else have a deed of trust on the B Langley Meadows property, other than Frontier? 9 A. No. o Q. Langley Development Group holds a -I guess 1 owns 50 percent of the shares of Langley --I'm sorry-2 the trust owns 50 percent of the shares of Langley 3 Development Group, Inc.; is that correct? 4 A. I'm a SO-percent owner. s MR. BRAIN: By "I" you're referring to the 6 trust? 7 THE WITNESS: Yes. 8 MR. BRAIN: I think he did the same thing 9 in response to your question about Langley Meadows. o Obviously, Tom, this is scheduled on here l because you believe it to be a trust asset? 2 THE WITNESS: Correct. 3 Q. (BY MR NEU) Are the shares held in your name even though it's a trust asset? 5 MR. NEU: Okay. Let me just read this here. Q. (BY MR. NEU) So it's under contract to sell for --I'm talking about Honey Brooke West, just to be clear --under contract to sell to Harbor Homes for 9.75 million; is that correct? A. Yes. MR BRAIN: You got the lot yield that was originally anticipated? THE WITNESS: Yes, I did. MR NEU: I'm just looking to see if there's a closing date in the -- MR BRAIN: The closing date would be in paragraph 5. It's typically tied to completion of the plat. Go to page 2. MR. NEU: Here we go. Okay. 20 days after the lots are finished. MR. BRAIN: If you go to the back, in the contract you'll see there's a definition of "finished lots," which includes final plat recordation. It's paragraph 11, subsection ( e ). Q. (BY MR. NEU) How close are you to finishing Yamaguchi Obien Mangio, LLC * 520 Pike Street, Suite 1320, Seattle, Washington 98101 9 (Pages 24 to 27) www.yomreporting.com * (206) 622-6875 * 1 {800) 831-6973 l r. i • C. THOMAS FOSTER; June ~s, 2007 3 4 5 6 7 8 9 0 l 2 3 4 5 6 7 8 9 0 l 2 3 4 5 J. 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 ~ Page 28 Page 30 Honey Brooke West? 1 that the closing should occur on Honey Brooke West A. The construction phase, mid-July. 2 sometim~ m'July? Q. Do you have a closing date set for -3 A. August. A. I can't until --we are also working through 4 Q. Early August? Late August? Do you have a -- the City of Renton for the final plat process. That's 5 A. I don~ know. I wish I could tell you. I the legal documents we filed. And they had some 6 mean, that's what rve been saying all along. It's not comments, and we 1re working through those. We've 7 an exact science. already submitted it once. They usually take about a 8 MR. BRAIN: Far from it. month for their review. 9 Q. (BY MR. NEU) But the Benner plat --again, the ·Q. When was the final plat process started with --0 trust has a 50 percent -that's owned by Langley when were the documents submitted to the City of Renton? 1 Development; is that correct? A. I submitted them Monday of this week. And they 2 A. That's correct. have comments, and so I'm still trying to fulfill the 3 Q. And what is the status of the Benner plat? application at this point. 4 A. We have submitted the final engineering. We've Q. Has an escrow been opened up for the sale? 5 installed sewer and water and graded. I'm sorry. The A. Yes. 6 water has been stubbed. It's partially in. It's a very Q. Where's the escrow? 7 small piece of property, so it's something that -- A. I think it's at First American Title. 8 they're going to go back on it full time on Monday MR. BRAIN: It will be specified in the 9 because they have the final plans. It should be -the agreement. 0 con1tiiction portion should be done by mid-July, the Q. (BY MR. NEU) When was the escrow opened? 1 third 'Yeek in July. And it's just how long it takes the A. After the feasibility. 2 City to approve the short plat documents. Q. Do you know when that was? 3 Q. In looking at the trust asset sheet we've been A. Can I see the agreement? 4 looking at, Exhibit 2, on the Benner plat, you show a MR. BRAIN: It has a 60-day feasibility 5 second deed of trust. And I believe that's the deed of Page 29 Page 31 in that one. 1 trust to your trust, correct? A. It looks like --well, I would say it was in 2 A. Correct. the fall of 2005 because they had a feasibility. Then 3 Q. There's another debt note payable of $38,712. within five business days of the feasibility, they were 4 What is that? to deposit the earrest money. 5 A. That's a loan that we --a personal loan that Q. (BY MR. NEU) So the earrest money is held in 6 we took out to cover interest and stuff. It's a escrow at this point? 7 pefs~n~l loan. Verbally we said we would pay it back A. No. It was released to us. 8 witlftiie closing of Benner because it was the first one, Q. Okay. 9 we thought.. But it's not a secured debt against it. A. It went through escrow to us --well, to 0 Q. Who is. the lender on that? Langley Development. 1 A. His name is Mike Brown. He's an employee of Q. And so at the present time, no final closing 2 Seattle Mortgage. date has been set? 3 Q. Langley Ridge, what's the status of the closing A. Well, no. I mean, you anticipate a final 4 on Langley Ridge? closing date. But until I get recordation, then the 5 MR. BRAIN: That's the second purchase and clock starts. 6 sale agreement that we provided to you, this document. MR. BRAIN: Do you know how these get 7 That's under contract to.Norris Homes, Inc. processed? 8 Q. (BY MR. NEU) When do you anticipate the sale MR. NEU: No. 9 to Norris, roughly? I understand this is -- MR. BRAIN: Can we go off the record for 0 ·· A: We anticipate that to be ready in August also. just a second? 1 11iat one, we ¥~ probably a week or two behind in the MR. NEU: Sure. Let's go off the record. 2 cpn_~tnJstion;,~o._we're probably looking at mid to the (Discussion off the record.) 3 end of July to finish everything there .. But we have MR. NEU: Back on the record. 4 already submitted the final engineering documents and Q. (BY MR. NEU) So just to be clear, you expect 5 gotten notice of complete application. We did that a Yamaguchi Obien Mangio, LLC * 520 Pike Street, suite 1320, Seattle, Washington 98101 10 (Pages 28 to 31) www.yomreporting.com * (206) 622-6975 * 1 {800) 831-6973 I I I , C. THOMAS FOSTER; June .:... _, I 2007 Page 32 couple of weeks ago. 'Q. How close are you to completing construction? A. About two, three weeks. Of course you've got the 4th ofiuly coming up so -- Q. I'm looking at the -- A. 30 days after recording. Q. Okay. MR. BRAIN: It would be extremely unusual to find a purchase and sale agreement for a finished lot deal like this to have a specific closing date. MR. NEU: I understand. Q. (BY MR. NEU) Okay. What's the second deed of trust, the 550,000, on Langley rudge? A. That's to SoundBuilt Homes. Q. And there's a $5 million deed of trust? A. I think it's a couple dollars shy of that. Q. And forgive me. I should probably know this. But who is the lender on Langley rudge? A. Frontier Bank. Q. So you are expecting gross proceeds out of Langley rudge, excluding the house, of approximately $840,000; is that right? When I say, "you," that's to the trust. So that would be the 50 percent of -- A. Right. Well, there's an assignment of 300-some-thousand. So I'm expecting about 500,000 on that. Q. And who is that assignment to? A. Frontier Bank. Page 33 Q. So when it says, Foster Trust Ownership, 50, and then it has 838,584 --do you see that? A. Yes. Q. That should actually be 500-and-something thousand? A. Well, I put a note in here because I didn't really know quite how to document it. But that was what we consider to be the stock value. Q. What is the assignment to Frontier Bank --is that to pay off a different loan? A. It's to provide the required equity for Langley Meadows. Q. And there's an existing home on the property; is that correct? A. Yes, there is. Q. And that lot will be sold separately? A. Yes. Q. And what do you --you've got it listed here. But you expect that that's worth approximately $875,000? A. Yes. Q. Just so I'm clear, your half --and when I say, "half," I'm assuming that Gerald Stump has the other • Page 34 1 half? 2 A. Correct. 3 Q. -of the proceeds of the sale of Langley rudge 4 will be approximately $900,000? s A. Uh-huh. 6 Q. And your half, or the trust's half, of the sale 7 of Langley Development Group should be approximately 8 $990,000, correct? Am I reading that right? 9 A. The proceeds? Is that what you're saying? o Q. Right. The profits. A. With the sale of the home after the assignment, 2 yes. 3 Q. So between Honey Brooke West and Langley Ridge, 4 th.~(trust's'"' I'm simy. Is Langley Development going s to· disinbtiie these profits to you --or to the trust at 6 the closing of these sales? 7 A. Yes, at some point. 8 MR. BRAIN: Not all ofit. No decision 9 has bee1i'made. it's discretionary on the part of o Langley. There's no obligation to distribute. 1 A. We have to make sure all the bills are paid. 2 Q. (BY MR. NEU) Right. Are there any other 3 materialmen's liens or any other costs of construction 4 that aren~ reflected in this schedule? 5 A. Not currently. There are no liens on the 1 2 3 4 5 Page 35 property, but we have had some cost overruns. Q. So between Honey Brooke West and Langley Ridge, 50 percent of the profits from the sale, you're looking at almost $2 million. Is that fair to say? A. Yes. Less the assignments. MR. BRAIN: Does that include or does that not include the 1rust1s interest in the house? THE WITNESS: This also includes the house. MR. NEU: Right. MR. BRAIN: Just so you understand, at the conclusion of this transaction, Langley Development Group would own the house free and clear, plus have something just under $500,000 to distribute to the trust if they made the election to do so. MR. NEU: rught. MR. BRAIN: The house is not currently under contract to sell. THE WITNESS: That would complicate our situation right now. Q. (BY MR. NEU) I can go back and look at this. But does Washington First have a deed of trust on that house? MR. BRAIN: No. A. No. Yamaguchi Obien Mangio, LLC * 520 Pike street, Suite 1320, Seattle, Washington 98101 11 (Pages 32 to 35) www.yomreporting.com ' (206) 622-6875 * 1 (800) 831-6973 ; ' j l I l • i ! • ~-THOMAS FOSTER; Jun JS, 2007 Page 36 Q. (BY MR. NEU) You list, under Other Assets, on " the first page of Exhibit 2, assignments of$875,000. 3 What does that -- 4 A. On.Pagel? 5 Q. Correct. Page 1. 6 A. That's a $500,000 assignment required by 7 Seattle Financial Group from the sale of Honey Brooke 8 West and half of the assignment required by Frontier 9 from the sale of Langley Ridge to Langley Meadows. o Q. So is that a liability or an asset? l MR. BRAIN: It's the same basic 2 situation. The assignments are required by these 3 lenders in order to satisfy equity requirements on other 4 properties. So it's an assignment for purposes of 5 security. And I think Tom was unclear as to how to 6 carry it. I just saw this for the first time. I think it would more properly be characterized as a liability. A. I carry it as both a liability and an asset on the financial because when it transfers from one to the other, it becomes an additional asset. But as long as it's in the current form, it's a liability. So it shows up as a debit and a credit. Q. Just so I'm clear, when you sell Honey Brooke West --you list here gross profits --or 50 percent of the oss rofits is $986,250. Does that account for Page 37 1 the $500,000 to Seattle Mortgage? 2 A; No, it doesn't. ' 3 Q. Will that $500,000 be paid out to Seattle 4 Morlgligeat closing? s A. Yes. 6 '·MR.BRAIN: But then you will have 7 sat_isfi,d your equity contribution on another property. 8 To1ii1{iVhe"re the confusion comes in. 9 Q. (BY MR NEU) So it will free up equity on O another property? l MR BRAIN: Exactly. 2 Q. (BY MR. NEU) But it reduces the-· what's 3 going to come out of these sales? 4 MR BRAIN: Exactly. 5 Q. (BY MR. NEU) Okay. So the sale ofHoncy 6 Brooke West, the 50 percent -- 7 A. If you want me to, I think I can clear this up 8 for you real quickly. 9 Q. That would be great. o A. I've been talking to Paul. And I think that if 1 we-can· Come· to an agreement, some kind of assignment of 2 funds, which we've been offering for the last year, from 3 the sale of any of these three projects -either 4 Langley ltidge, Honey Brooke West, or Sturgus --once we s have an agreement, then I can go to a bank and I can Page 38 1 secure a loan against Pottery Works for a portion of the 2 debt that's due against it, which could then close 3 concurrently with the proceeds plus the new Joan. 4 That's the way I think I could do it the fastest. 5 Q. I see what you're saying. 6 A. But, you know, until we have an agreement, I 7 can't go and do that. 8 MR BRAIN: In other words, if you guys 9 are willing to release your interest in Pottery Works as O part of the transaction, you could get paid in full on l the closing on Pottery Works --on the closing of any 2 one of these transactions. 3 A. You wouldn't have to release your interest. I 4 mean, it would all take place simultaneously. To me, 5 releasing interest means that you're going to just forgo 6 part of the debt against it right now and Jet -- 7 Q. (BY MR. NEU) ltight. I see what you're saying. 8 It would be a simultaneous -- 9 MR BRAIN: Simultaneous closing on two o different transactions. l Q. (BY MR. NEU) Washington First would be paid. 2 So let me --there would be the release of proceeds from 3 one of these sales, plus a -- 4 A. New loan. 5 Q. -plus a take-out loan on Benner, I ess? Page 39 l A. ltight. 2 MR. BRAIN: It might be easier to think of 3 it as these proceeds being used to pay down Pottery 4 Works to the extent that we could get an appraisal that 5 would justify a loan from somebody else, close both of 6 those transactions at the same time, and you guys are 7 out of that. But it would require you guys to agree 8 that the proceeds would be applied to the Pottery Works 9 loan rather than Briarwood. o Q. (BY MR. NEU) ltight. And, frankly, Briarwood 1 is of less importance right now. 2 MR. BRAIN: Well, you do know we've got·- 3 MR. NEU: I saw the lease. 4 Let's go off the record. 5 (Discussion off the record.) 6 MR. NEU: Back on the record. 7 Q. (BY MR. NEU) I think we were talking about the 8 assignments on Honey Brooke West. 9 A. Can we take a small break? o MR. NEU: Sure. We can do that. I'll 1 re-ask the question. 2 (Recess taken.) 3 MR. NEU: Let's go back on the record. 4 Q. (BY MR. NEU) Mr. Foster, I just want to 5 clarify. Going back to the third page of Exhibit 2, if Yamaguchi Obien Mangio, LLC * 520 Pike Street, Suite 1320, Seattle, Washington 98101 12 (Pages 36 to 39) www.yomreporting.com * {206) 622-6875 * 1 (800) 831-6973 King County Recorder's Office Web Access • Page I of2 tQ KingCounty IIIEmmlll IE!l!III Ci§fii#4M Comments H#¥ii4,M Reeerder's Office Official Public Records Sellrcl, Results Recordsand Llc-enslng Services Division Department. of Executive Services Recording Fee Increases -January 1. 2008 NewS_earch PI~[$. · l:!!i:_lp_ Criteria: Name or Associated Name Begins with LANGLEY DEVELOPMENT Document Type is LIEN Search Results ~ 9 matches Displaying Records 1 to 9 Instrument Book-Date Filed Document Name Name Associated Name Name Legal Description Ind, Number Page Type {+}::;:; More Names Type (+)=More Names Type Sta 2QQ§QJQ10QQ968 000 -01/04/2008 LIEN LANGLEY R RENTON CITY OF E SEC 10 TOWN 23 Per 000 DEVELOPMENT RANGE 05 102305- CORP 9036 20080104000969 000-01104/2008 LIEN LANGLEY R RENTON CITY OF E SEC 10 TOWN 23 Per 000 DEVELOPMENT RANGE 05 102305- CORP 9291 20031104001049 11/04/2003 LI EN LANGLEY R ICICLE CREEK E SEC 10 TWNSHP Per DEVELOPMENT ENGINEERS INC 23 RNG 05 GROUP(+) 1023059041 2QQ3Jl!MQQ1Q:;Q 11/04/2003 LI EN LANGLEY R ICICLE CREEK E SEC 10 TWNSHP Per DEVELOPMENT ENGINEERS INC 23 RNG 05 GROUP 1023059142 200508Q60Q1239 000 -08/08/2005 LI EN LANGLEY R CORE DESIGN INC E LT C CITY Per 000 DEVELOPMENT GROUP 20071113001916 000-11/13/2007 LIEN LANGLEY R WILSON E SEE OTHER Per 000 DEVELOPMENT CONCRETE PARCEL #'SON GROUP CONSTRUCTION PAGE 1 SEC 10 INC TOWN 23 RANGE 05 102305-9015 .. 2QQ71 ll JOQ1919 000-1111312007 LIEN LANGLEY R WILSON E SEC 03 TOWN 23 Per 000 DEVELOPMENT CONCRETE RANGE 05 032305- GROUP CONSTRUCTION 9247 INC 2Q071030001922 000 -10/30/2007 LIEN LANGLEY R WESTERN E SEC 03 TOWN 23 Per 000 DEVELOPMENT ASPHALT INC RANGE 05 032305- GROUP INC(+) 9002 20071030001923 000-10/30/2007 LIEN LANGLEY R WIESTERN E SEC 10 TOWN 23 Per http:/1146.129.54.93 :8193/results.asp?cabinet=opr&pg= EXHIBIT E 3/12/2008 'King County Reco.rder's Office Web Access 000 DEVELOPMENT GROUP INC(+) ASPHALT INC B~corders __ Office Home,Page I Customer Service Questions King Q_QJ,t_Il!y_ I News ! ~ I Comments 1 ~ links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Internet Public Access Module Version 3.1 Copyright© 2001 -2003 Hart !nterCivic, Inc. Al! Rights Reserved. WebServ1 http://! 46.129.54.93 :8193/results.asp?cabinet~opr&pg= Page 2 of2 RANGE 05 102305- 9125 3/12/2008 • NOTICE OF DEFAULT PURSUANT TO THE REVISEO CODE Of WASJil'N(jTON CHA.PiS: 61.2.C, tt. l·eq. TO: Langley Development Group, Inc. 6450 Southcenter Blvd., Suite 106 Seattle, WA 98188 Thomas C. Foster and Maryl C. Foster, Trustees of the C. Thomas Foster and Maryl C. Foster Trust 6450 Southcenter Blvd., Suite I 06 Seattle, WA 98188 Maryl C. Foster Clinton T. Foster 20840 SE 1181h PL Issaquah, WA 98027 6450 Southcenter Blvd., Suite 106 Seattle, WA 98188 Gerald L. Stump 28609 SE 2581h Street Ravensdale, WA 98051 I. DEFAULT: You are hereby notified that, Frontier Bank, the present beneficiary, has declared you in default on the obligation secured by a deed of trust recorded under Auditots No. 20060628001507, records of King County, Washington, which Deed of Trust encumbers the following described real property in said county which is legally described on Exhibit A and briefly described as follows: SE SEC. 34, TWP. 24N, RG. SE; NE SEC. 3, TWP. 23N, RG. SE_ Assessors Property Tax Parcel Account Number(s): 032305924709; 032305907100; 032305924808; 032305900204; 342405907706; 342405906302; AND 032350907308 2. STATEMENT OF DEFAULT AND ITEMIZED ACCOUNT OF AMOUNTS IN ARREARS: The beneficiary alleges that you are 1n default for the folJowing reasons: a b. Fully matured loan (principal): (default interest): Late Charges: TOTAL MONTHLY PAYMENTS AND LA TE CHARGES: c. Default other than failure to make monthly payments: None. 3. OTHER CHARGES, COSTS AND FEES, $5,078,277.07 $ 82,628.37 $ 1,808.43 $5,162,713.87 In addition to the amounts in arrears specified above, you are or may be obliged to pay the following charges, oosts and fees to reinstate the Deed of Trust if reinstatement is made before recording of the Notice of Trustee's Sale: a. b. C. d. Cost of Title Report for foreclosure: Seivice of Notice of Default (estimated): Posting of Notice of Default (estimated): Copying and Fax: EXHIBIT V $7,500.00 (est.) $250.00 (est.) $20.00 (est.) 4. e. f. g. h. i. j. k. Postage: Trustee 1s Fee: Attorney's Fee: Inspection Fees: Long Distance Telephone Charges: TOTAL CHARGES, COSTS AND FEES: REINSTATEMENT: IMPORTANT/ PLEASE READ! $100.00 (est.) $1,800.00 ( est.) $9,670.00 a. The Iota! amount necessary to reinstate your Deed of Trust and the obligation secured thereby before the recording of the Notice of Trustee's Sale is the sum of Paragraphs 2 and 3 above in the amount of $5,172,383.87 PLUS the amount of any monthly payments, default interest and late charges. which may fall due after the date of this Notice of Default. In the event you tender reinstatement before recording of the Notice of Trustee's Sale,. you must be sun!to add to the amount shown above any monthly payments and/or late charges which fall due after the date of this Notice of Default. No additional fees or costs wilJ be incurred prior to the time Notice of Trustee's Sale is recorded; the Notice of Trustee's Sale may be recorded after thirty (30) days from the date this nolice is mailed, served upon you or posted upon the premises, whichever occurs latest. Reinstatement monies may be tendered to David R. Riley~ 2001 Western Avenue, Suite 400, Seattle, WA 9812). b. lfyour default includes a default other than failure to pay monthly payments and/or late charges when due, then in order to reinstate the Deed of Trust and the obligation secured thereby before the Notice of Trustee's Sale is recorded, you must cure such other default(,). 5. CONSEQUENCES OF DEFAULT: a. Failure to cure said alleged default(s) within thirty days of the mailing of this notice, or if personally served, within thirty days of the date of personal service thereof) may lead to recordation, transmittal and publication ofa Notice ofTrustee's Sale, and the property described in paragraph I above may be sold at public auction at a dale no less than 120 days in the future. b. The effect of the recordation, transmittal and publication of a Notice of Trustee's Sale will be to (i) increase the costs and fees and (ii) publicize lhe default and advertise the property herein for sale. c. If the dcfault(s) described above is/are not cured on or before the eleventh (I llh) day prior to a Trustee's Sale date, which may hereafter be se~ the entire principal balance owing on that obligation secured by the deed of trust described in paragraph 1 above, and all accrued and unpaid interest as well as costs of foreclosure. shall be immediately due and payable. d. The effecl of a trustee's sale of the above described property by the trustee will be to deprive you, or your successor in interest., and all of those who hold by, through or under you of all of your or their interest in the property described in paragraph I above and satisfy the obligation secured by the above deed of trust. 6. GUARANTOR(S): Guarantor(s) of the obligation secured by this deed of trust: (I) may be liable for a deficiency judgment to the extent the sale price obtained at the lrustee's sale is less than the debt secured by the Deed of Trust; (2) have the same rights to reinstate the debt, cure the default, or repay the debt as is given 10 the granter in order to avoid the trustee's sale; (3) will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW. any action broughtto enforce a guaranty must be commenced within one year afterthctrustee•s sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the 2 guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs. 1. RECOURSE TO COURTS: You or your successor(s) in interest have recourse to the courts pursuant to RCW 61.24.130 to contest the alleged default on any proper ground. DA TED this/_3 day ofFebruary, 2008. David R. Riley, Weinstein & Riley, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 (206) 269-3493 3 Parcel A: EXHISlT A LEGAL DESCRIPTION The Soulh 136 feet of Lot 2 of King Counly Short Plal No. 677007, as recorded I der King County Recording No. 7712090795. I Parcel A-1: I A n~n-exclusi,•e easement for ingress and eg1·ess over the East 30 feet of the So.lh 30 feet oflhe Wesl half of the East half of Guvemrnenl Lol 2 of Section 3, Township 23 Nm1h( Range 5 East, W.M., in Ki1\g County, Washington. · ! i Parcel B: l The West half of Government Lot 2, in Section 3, Township 2] North, Range 5 : st, W.M., in King Counly, Washingion. 1,· EXCEPT THEREFROM the West 247.SO feet. ALSO EXCEPT THEREFROM the East &2.S feet thereof. I t Parcel C: I The South 30 feet of the East half and the East &1.SO foe! of the West halfofall bovernmenl Lot '2, in Section 3, Townsl1ip 23 North, R;:inge 3 East, W.M., in King County, Was~ngton. EXCEPT the East qua,ter of said Lol 2 j Paced D: The South JO feet of the West half of Government Lot 2, in Section 3, Townshi 23 North, Rallge 5 East, W.M., in King County, Washington. ; EXCEPT THEREFROM Lhe West 247.50 feel. ALSO EXCEPT THEREFROM the East 82.S feel thereof. Parcel E: J The West 247.5 feet of Govermnent Lot No. 2 ()f Section 3, Township 23 Nori r Range S East of the Willanielle Meridian, in King Comity, Washin~ton. 1 ; Parcel F: J The West 116 feet of that portion of the West half of the West half of the Soutlt quarter of the Southeast quarter ofStclion 34, Township 24 North, Range 5 East, W.M., in King Coun1y, Washington, lying South of c~nter line of County Road as conveyed to King cqun1y for road, by instrum~nt recorded lmdet Auditor's file No. 2993716, EXCEPT said road. Parcel G: That portio11 of 1he East half of 1he East half of the Sciulhwest quarter of the Soylheast quarter of Section 34, Township :2:-4 No11heast, Range 5 East W.M., lying South ot"the Coµnty Road, described as follows: BEGINNfNG al a point 90 feel North of lhe Southeasl corner lhereof: .. -. EXHIBIT "A" 4 ... • EXHIBIT A (CONT'D) LEGAL DESCRIPllON l Thence Westerly to the West line of said Subdivision to a pain! 200 feet Northcrf.y from the South line thereof; '. Thence Nonherly along said Westerly boundary to the Sourh line of County Roa\·; TI~nce Easterly along the South line of said Cmmty Road 10 the East line of sai~Subdivision; Th<nce Southerly along said Eilst line to the POINT OF BEGINNING; ; EXCEPT roads. l Paiccl H The East half of the East half of Government Lot 2 m Section 3, Township 23 N rth, Range S Eas1, W .t\·L, in King County, Washington. 1 Also tl1at portion of the E.ist lialf of the East half of the Southwest quarter ofthehoutheast l1uarter of Sec1ion 34, Township 24 No11h, Range 5 East, W.M.1 in King Coun1y/ Washington described as follows: ] OF..GrNNfNG At a point on the South line of said Subdivision, 120 feet East of l~e Southwest corner 1hereof; . Thence Nonh perpendicular 10 said Soulh line 8 feel; Thence Easl paralld to said Soulh line 80 feet; 111t::nce South perpendicular to said South line & feel; Thence West 80 feet to the POINT OF BEGINNING; Also !hat portinri of the East half of the East half of the Southwest quarter ofthe[southeas1 quarla of Scc1ion 34, Townsl1ip 24 North. Range 5 East, W .M., in King Countyf Washington, described as follows: I · BEGINNrNG at a poinl on 1he S0u1h li11e of said Subdivision, J 20 feet East oft!e Southwest corne1· thereof, '1 Thence Nortlt perpendicular to said Soulh tine 8 feet: Them::e East para!lel to said Sonth line 80 fee:ti Thence South perpendicular 10 said South line 8 feet; Thence West 80 feet to the POINT OF nEGlNNING; i Also lhat portion of !he East ha] f of lhe East half of the Sou1hwest quarter of the!Southeast quarter of Section 3-4, Township 24 North, Range 5 East, W.tv1., in King Coun1y'i" Washington, described as follows: ; BEGTNNING at lhe Southwest c.on1er of said Subdivision~ Thenc(: No11h along the West line of said Subdivision 16 feet; Thence East parallel lo the So11Lh line of said Subdivision 120 feet; Thence South par.dllel to the Wesl line of said S11bdivision l6 feet; Thenc(: West 120 feet to tbe POfNT OF BEGINNJNG; I I EXCEPT that portion d~dbed as follows: I BEGINNING at the Northeast comer of lhe Easl half of the East half of Gove~ent Lot 2 in S,eclion 3, Township '.D Norih, Range 5 East, ahd W.M., in King County, Washington; Thence South along the East line thereof 20 feet; TI1ence West parallel 10 the North line thereof 130.67 feet; Thence North parallel to the East line 1hereof20 feel; Thence East 130.67 feet tor the POINT OF BEGINNING; Parcel H-1: llXHTBIT A LEGAL DESCRIPTION I " An easement for ingress and egress, 30 feet in width, the centerline of which ns at the intersection of the South line of the Tliomas Rowse Road (Southeast May Valle Road) with the East line of the West half of the East half of the Southwest quancr of the Southeist quaner of S<ction 34, Township 24 North, Range S East, W.M., in King County, Washingtpn and runs South a distance of 950 feel. I ! ... " I The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argwnent 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHINGTON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereoC 17 Defendants. 18 WASHING TON FIRST 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, V. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. DECLARATION OF PATRJCK J. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I KK:\2037501\00030\20347 _0CN\20347P241Q Case No. 06-2-35218-1 SEA (LEAD CASE) DECLARATION OF PATRICKJ. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATfLE, WASHINGTON 98104-1158 TELEPHONE. (206) 623-7S80 FACSIM1LE (206) 623-7022 I " 1 WASHING TON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiff, V. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STURGUS LLC, a Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS FOSTER and MARYL FOSTER, husband and wife and the marital community thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN CORPORA TED, a Delaware corporation; 1 ST SECURITY BANK OF WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, husband and wife, BAIMA & HOLMBERG, INCORPORATED, a Washington corporation, Defendants. Patrick J. Burke declares as follows: Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) I. I am the Chief Credit Office for Washington First International Bank (" WFIB "). 2. In September, 2007, WFIB agreed to the terms of a stipulated order (the "Stipulated Order"), whereby WFIB forbore from certain collections actions against the defendants. The agreement was based upon representations by C. Thomas Foster that two development projects owned by Langley Development Group, Inc. ("Langley DECLARATION OF PA TRICK J. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -2 KK:\2037S01\00030\2D347 _DCN\20347P241Q KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH A VENUE SU1TE 2900 SEATTLE, WASHINGTON 9B104-J1S8 TELEPHONE. (206) 623-?580 F ACS[MJLE. (206) 623-7022 .. . . . DC".·clopment"), known as "'Langley Ric:l~en and i'Hont;y Brooke West," Wet8 expected w 2 be 30Jd in October, 200/, thCTc:by giving the ckfE:nda.nt~ tbe capital to pay-off 1hcir debt to 3 WHB. 4 3. Attachc.d a.1 Exhibit A is a copy of a fir1am::i.al ~t~ti:=mo:nt provided by Mr. 5 Foster to WFTB pom,ant to the Stipuluted Order, in wh1cb he details hi, belief as to the 6 value of ea.ch project and the encumbrances against it. 7 4. Throughout this proceeding. Mr. Foster has represented to WFTB that 8 Langley Ridge and Honey Brooke West were the solution lo hi:-i money woes. He has 9 consistently represented both projef:ts to be <m the <,.'.USP of selling. IO It 12 t3 14 15 16 17 18 19 20 21 22 23 5. Over th(! pa..,..:;t !£;eYt;:'ral momhs. Mr, Foster ha.s failed to provide any infum1ation on the scatu~ nf the <.:losings of Honey Brooke West and Langley Ridge and WFJB ha:,; been left to gather what information it con1d on the ~tt1tu~ of L~ngky Ridge and Honey Brooke We!3t from other lcndBnl with ii ens against the projects. The infrmm1tion received h..1.s nol bei:-.n encouraging. \VFIB ha~ lesmed tha.t Norris Homes has indlc1:1t1:d that it intends to back-out ofit~ ol)ligation to purchase Langley Ridge. WFIB has been unable ro :11.~ertain the status of a. iJloslng on 1:1. sale of Honey Brooke West. r declare under penalty of perjury under the 1a.ws of th€ State ofW~shington that the foregoing is 1rue and con-ect to the best of my knuwl~dge. 7 rl EXECUTE!l <his:._ day of March 2008, at Seattle, Washington. DECLARATION OF PATRLCK J. BURKE IN SUP?ORT OF PLA.11'-'TIFF·S °r'••IC.YrJON FOR APPOINTMENT OF OP.N6RA1., RECE[VER f'OK LANOLE.V DEVELOPMENT GROUP, INC. -3 (J&{Jt~ / Pntric:-k J. Burke KlRKl'ATP..lCK & l.(l{:Kl!All:"1 l'flE~'n'JH t1A'l'IC~ (·:U.I!, l.1.1' ~H f(\l'l\il 1 ,1Vl'.M: :,~ ;i::;c. ~1\C,) ~e,>."T"Tl t. WA31'11,_Q~O~ ~~1(),H I 1~ 1r.1.r_•iJ<1:~1·cc flil'>t~~-i-~~~) ;,.r~1u,u, {)a~) ~1,. ,,'Ill 0lc-tl Z00/Z00d l£v-! Z0ZZ8Z5902 Langley Development, Sturgus Ave. and Ryan Way Closings: 1. Benner SP Sale Prke Status Est. Close S 660,000 SOLD 10-15--07 .. Loan payable S 409,000 Timberland Bank l8dDeed S 149,295* Foster Trust Less: EMRec. s 10,000 Closing cost (2.11 %) S 13,948 Commission s 15,000 Gross s 62,757 Bills payable est. s 10,000 (To contractors) Net s 52,757 *pay interest or WFIB Judgment 2. Langley Ridge: Sale Price Market Value Status Est. Close $7,776,000 SOLD Oct. 30, 07 Loan payable $4,999,000 Frontier Bank Less: Earnest money Rec. S 200,000 <[ Closing cost $ 248,000 Other costs est. S 300,000 !=: (to contractors) co :c l"d Deed of Trust S 550,000 c;5 Soundbuilt Homes Deed Frontier Bank S 750,000 Total $1,798,000 Gross $ 729,000 Foster Trust S 364,500 House: $900,000 FOR SALE unknown Closing cost EsL 7% $ 59,500 Loan payable $ 0 Gross $ 790,000 Foster Trust $ 395,250* *POSSIBLE REFINANCE if not sold to apply to WFIB Judgment. ~ 3. Hooey Brooke West Sale Price $9,750,000 Loan payable $7,003,000 Less: Earnest money Other cost (to contractors) Closing cost Total Gross Foster Trust Less Note to SMC Net 4.Ryan Way: Gross Proceeds Less Legal fees Net proceeds Add. Funds: S 200,000 $ 400,000 $ 214,500 $ 774,500 · $1,932,500 $ 966,250 -$ 500,000 S 466,250 S 303,416.64 S 9,000.00 S 294,416.64 3rd Deed assignment S Total to WFIB S 65,000.00 +- 359,414.00 +- 5. Langley Meadows:Sale Price Gross proceeds Loan payable est Less: Closing cost Gross 6. Sturgus: $16,080,000 (est.) $10,400,000 $ 321,600 $ 5,358,400 Gross proceeds est. $2,290,000 Loan payable: Covenant Mortgage $1,425,000 Less: Selling cost Other cost Overage 2nd Deed Net profit $ 160,300 $ 72,000 S 125,000 $ 507,700 Status SOLD Est. close Nov.15, 07 Status Sept. 15, 07 Bankniptcy court Status For Sale Status For Sale Est. Close Aprll 2008 Est. Close Nov07 • , 4 Return Address: City Clerk's Office City of Renton 1055 S. Grady Way 111111111111111 I llllll I 20080212000466 Renton WA 98055 CITY OF RENTON COV 70.00 PAGE001 OF 028 02/12/2008 89: 48 KING COUNTY, IIA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rew 65 04) Document Titlc(s) ( or transactions contained therein): (all areas applicable to your document !!!!!fil be filled in) I. !J,&uvJ; ~ ! ~:_:_:_·_. ~---- 3 b,< J . 4. ~~~~~~~~-------- Reference Number(s) of Documents assigned or released: Additional reference #'son page ___ of document (-nLL!.,'f' J DJ ( . I Additional names on page __ of document. Gra.ntcc(s). (Last name first, then??'.::e a_nd 1?;:'._.·als) L /;-:k-,z_ (~L ~L,&_~~------------ 2. ~--'-----------------~--------------- Additional names on page __ of document. Legal description {abbrevialf'7 i.e. lot, block, plat or section, towns~r, r:_nge) tJ 1a ti 1G-r '-t G _.: 7 . z 1, ':> 1::=. w,0 I , -~ _r=·~s~,1~1._.,_,~s~0~_11~~~-s~·~~·-J~-z~-)~ Additional1egal fs on page __ of document. . Assessor's Property Tax Parcel/Account Numb~-0 Assessor Tax# not yet assigned ,73 J..3tJS-9oz;, O.);z.565,.C/07<, ~'1lf 96o29JJ/9.;z'J7,9077 9d,.z..JJ;,~"'· "/ J ; The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verifv the accuracy or co ............. leteness of the indexing infonnation orovided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover np or otherwise obscure some part of the text of the original document. _______ Signature of Requesting Party ' • After Recording Return to: C. Thomas Foster 6450 Southcenter Blvd. #106 Seattle, WA. 98188 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF LANGLEY RIDGE AT MAY CREEK DOCUMENT TITLE: COVENANT GRANTOR: LANGLEY DEVELOPMENT GROUP, INC. GRANTEE: LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION. LEGAL DESCRIPTION: ASSESSOR'S PARCEL NUMBERS 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1. 7 "Declarant" shall mean and refer to C. Thomas Faster and his successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Dcclarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days atier Declarant has conveyed 75% of the lots within the plat. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles oflncorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot ofland within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF LANGLEY RIDGE AT MAY CREEK THIS DECLARATION is made on this 5th day of July, 2005, by Langley Development Group, Inc. a Washington Corporation, owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS Ll Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Langley Ridge at May Creek, Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws" shall refer to the Bylaws of the Langley Ridge at May Creek Homeowners Association. 1.1.13 "Occt.pant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Plat" shall mean and refer to the approved plat of Langley Ridge at May Creek contained therein recorded at Volumeo<'ll /, , pagebl'./7 to 65,t, under King County recording number dr;olo;z.J;..00() '//,5 . 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four ( 4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: Upon recording of the Plat, the property shall be known as: LOTS 1 THROUGH 34, INCLUSIVE, AND TRACTS A, B, C AND D OF LANGLEY RIDGE AT MAY CREEK AND THE COMMON AREAS SHALL BE Tract A, B, AND D SHALL BE Open Space Tracts, unless otherwise noted by the Declarant, shall be owned and maintained by the Association. Tract C shall be a Stormwater Detention and Water Quality Tract that is owned and maintained by the Association and is subject to an easement to the City of Renton for access. The Association is responsible for the maintenance of all private storm drain and detention facilities within Tract C. (Lots 33, and 34 are specifically excluded from this Declaration except as noted) ARTICLE3 LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (I) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (I) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one(!) vote for each Lot owned. When more than one (I) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (I) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (I) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. The Declarant has named C. Thomas Foster, whose address is 6450 Southcenter Blvd. Suite 106, Seattle, Washington 98188 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYO!\E SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAIL URE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD. OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws. rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quornm is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrnment. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4. 7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (I 0) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4. 7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended ( except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. 4.12 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by the first Owner to working capital of the Association in an amount equal to ______ _ Dollars ($ ). This amount shall be in addition to, not in lieu of, the annual assessment and shall not be considered advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and distributed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Asssociation pursuant to this Declaration and the Bylaws. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibilitv. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain all stormwater detention and drainage facilities, wetland tract, and private streets as shown on the recorded plat. If the streetlights are installed but not dedicated the City of Renton and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned bv Association. The Association shall have the right, but not the obligation, to maintain other prope1iy, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. The Association shall have the right, but not the obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in Section 5 .4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused bv Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. 5.4.1 Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration The Owners of Lots 33 and 34 are advised that they are responsible for maintenance of the Fire Access Road north of the Stormwater Detention Pond. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (I 0) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.4.2 Upon the recording of the Plat(s) the Common Area Tracts, unless otherwise noted by Declarant, will be granted and conveyed to the Association. Ownership and Maintenance of the Common Area(s) shall be the responsibility of the Association. In the event the Association is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this Community shall assume and have an equal and undivided ownership interest in the Common Areas previously owned by the Association and shall have the attendant financial and maintenance responsibilities. 5.5 Conveyance of Common Areas by Declarant to Association. The Common Areas were conveyed to the Association on the recorded plat. The Association accepted the conveyance and the Common Areas are now to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Further Restrictions on Common Areas. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3 .3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance \vith Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage pattern initially installed and constructed Declarant or Residential Developer/Builder, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and pem1its and iii) written approval of the ACC, if any. No Owner shall perform any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.4 Existing Residences. The existing residence on Lots 19, 20, 30, 32, 33 and 34 were constructed prior to recording this Declaration and does not conform to all of the provisions of this Article. The existing residence shall be exempt from the provisions of Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished, or substantially damaged by catastrophe, in which case any new construction placed on Lots 19, 20, 30, 32, 33 and 34 shall conform to the provisions of these subsections. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section IO. I below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent ofDeclarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3 .I Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 2,300 gross square feet ofliving space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,600 gross square feet ofliving space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight ( 48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may he removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (I) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost- effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval o!"!he Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights ( except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are pe1mitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the U.S. Postal Service or ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7 .1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, ifreasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7 .1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incuned by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise ananged to obtain the required insurance coverage through the Declarant. 7 .1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7 .2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance canied by the Association shall be primary. 7 .2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7 .3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction -Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost ofrepair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty ( 60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity ofa vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction -Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty ( 60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instmment agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, constmction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles oflncorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Conununity for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion ofDeclarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Conununity, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater detention and drainage facilities, wetland tract, and private streets as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods often (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (IO) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration. by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the maintenance requirements for the stom1water detention and drainage facilities, wetland tract, or private roads as shown on the plat without prior written approval from the City of Renton. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent ofDeclarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. l t. 7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association ( except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles oflncorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles oflncorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this _L'f__ day of /)0«eaz bee , 2007. DECLARANT: Langley Development Group, Inc. State ofWashington ) )ss. County of King ) I certify that I know or have satisfactory evidence that C. Thomas Foster is the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) .---· TI'.:<~ No"'Y "'bliF=;Washiogto,, Residing at: ~tlu IA: " Printed Nam~ ,.; / L. c~u.a l{i.e,r, My Appointment Expires <g,-::U.,--Cf( J. ' Planning/Building/Public Works Department Gregg Zimmerman P .E., Administrator CITY CLERK February 18, 2008 CITY OF RENTON FEB 2 2 2008 RECEIVED CITY CLERK'S OFFICE SUBJECT: ADDRESS CHANGES DUE TO LANGLEY RIDGE PLAT TO WHOM IT MAY CONCERN Please note the following address changes due to new development: 2533 !lwaco Ave NE #A 5110 NE 25•h Street 2533 !lwaco Ave NE #B 5102 NE 25<h Street Original parcel number for these houses was 032305924 7 Sincerely, a~~ ~:Jin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #1:utilltr !055 South Grady Way-Renton, Washington 98057 @ fh1sp;:.pc,,cr,ntain~ ~;, '· .,.--", .. :;! ··:;i•n1sl. :30% post consumer Parcel# 4187200200 4187200!90 -~ RENTON' AHl'.AD Of TH!: CURV"f CITY OF RENTON, WASHINGTON RESOLUTION NO. 3906 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (LANGLEY RIDGE; FILE NO. LUA 07- 059FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is 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, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who 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 the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS SECTIONL SECTION II. The above findings are true and correct in all respects. The final plat 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 I RESOLUTION NO. 3906 (The property, consisting of approximately 34.05 acres, is located in the vicinity North of NE 24th St. between Coal Creek Parkway/Duvall Ave. NE & NE 26th St.) is hereby approved as such plat, subject to the laws and ordinances of the City ofRentQ11. and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 23, 2007. PASSED BY THE CITY COUNCIL this~ day of October , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this~ day of_---=0-=-c.=.:to=-=b:..:ce=-r ___ ___, 2007. JJ(Pl ~4~ KathyK.eliker, Mayor A oved as to form: e:t",. ·e·. ,e?Wr· . -.--r 4--~ Lawrence J. Warren, City Attorney RES.1299:09/12/07:ch 2 '\,~y 0 CJ~.. '1\ CITY )F RENTON et >+- + ..a + City Clerk Bonnie I. Walton ~ -_ -"< Kathy Kcolkcr, Mayor ~'N'\'01..;.''--------------------------------- October 5, 2007 C. Thomas Foster Langley Development Group, Inc. 6450 Southcenter Blvd., #106 Seattle, WA 98188 Re: Langley Ridge at May Creek Final Plat, File No. LUA-07-059, FP Dear Applicant: At the regular Council meeting of October 1. 2007, the Renton City Council approved the referenced final plat by adopting Resolution No. 3906. A copy of the resolution is enclosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure ,. BW:js cc: Mayor Kathy Keolker Council President Toni Nelson Mike Dotson, Development Services Division Robert E. & Shirley L. Blaydcn, 2533 Ilwaco Ave. NE, Renton, 98059 _1_0_5_5 -So-u-th_G_r_a-dy-W-ay--R-e-n-to_n_, W_as_h_in-gt_o_n _9-80_5_7 ___ ( 4-2-5)_4_3-0--6-5-1 O_/_F_AX_(-42_5_)_4-30--6-5_1_6 -~ @ This paper contains !,O .,,;, 1 ecycled matenal, 30% post consumer AHEAD OF THE CURVE CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: October 2, 2007 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Langley Ridge at May Creek LUA-07-059, FP LUA05-083, LUA05-084, LUA06-026 Michael Dotson June 15, 2007 Langley Development Group, Inc. Langley Development Group, Inc. C. Thomas Foster, Langley Development Group, Inc. 0323059073; 0323059247; 0323059071; 0323059002; 0323059111; 3424059077; 3424059076; 3424059063 Date: Date: Project Description: Construction of water, sewer and storm water for a 34-lot single-family '. subdivision. Location: Duvall Avenue NE, May Valley, NE 24th Street Comments: October 1, 2007 RESOLUTIONS AND ORDINANCES Resolution #3906 Plat: Langley Ridge, NE 26th St, FP-07-059 Resolution #3907 Transportation: SR-900/1-405 Vicinity to Harrington Ave NE Signal Modification, WSDOT Planning: Owner-Occupied Housing Incentive Extension and Modification Police: Time Limit on Extended Parking on ROW or Municipal Property Police: VSRT Armored Personnel Carrier, Budget Amend NEW BUSINESS Development Services: Driveway Widths Rcnlon City Council Minutes Page 342 The following resolutions were presented for reading and adoption: A resolution was read approving the Langley Ridge Final Plat; approximately 34.05 acres located in the vicinity of SE May Valley Rd., Coal Creek Parkway, SE, and NE 26th St. MOVED BYLAW, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ.* Councilmember Corman expressed his support for the resolution, and commented on the pnmary access and on the secondary gated access for emergency vehicles lo the Langley Ridge plat. He noted that this particular situation is different than other plats in the City. Mr. Corman indicated that the plat may end up slightly different than what the Hearing Examiner had expected, and pointed out that staff will have to resolve the access issues to the satisfaction of the JCire Department. Councilmembcr Persson stated that once the gate is in place on the secondary access, no other traffic vvill be able to use the access. Mr. Persson said he is convinced that this is the right course of action. *MOTION CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement with Washington State Department of Transportation concerning additional costs for the SR-900, 1-405 vicinity to Harrington Ave. NE signal modification. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT Tl IE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of I 0:8/2007 for second and final reading: An ordinance was read amending Section 4-1-210, Waived Fees, of Chapter I, Administration and Enforcement, of Title IV (Development Regulations) of City Code by extending and modifying the waiver of certain development and mitigation fees related to owner-occupied housing incentives. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/8/2007. CARRIED. An ordinance was read amending Chapter 10-10 of Title X (Traffic) of City Code by adding a new Section 10-10-14, Extended Unauthorized Parking, related to establishing a time limit on extended parking on City right-of-way. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/8/2007. CARRIED. An ordinance was read amending the 2007 Budget by reflecting incoming revenue in the amount of$50,000 from Valley Narcotics and Enforcement Team to the General fund balance and an expenditure for the purpose of purchasing an armored personnel carrier for the Valley Special Response Team. MOVED BYLAW. SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/8/2007. CARRIED. Council member Briere inquired as to how Councilmembers want to handle two items currently in the Planning and Development Committee: driveway widths and the appeal of the Grant Ave. Townhomes site plan. October I, 2007 UNFINISHED BUSINESS Plat: Langley Ridge, NE 26th St, FP-07-059 Planning & Development Committee Planning: Owner-Occupied Housing Incentive Extension and Modification Public Safety Committee Police: VSRT Armored Personnel Carrier, Budget Amend Police: Time Limit on Extended Parking on ROW or Municipal Property Renton City Council Minutes Page 34 l At the request of Mayor Keolker, Assistant City Attorney Fontes agreed to send a memorandum and to meet with the Committee of the Whole regarding the appeal process rules. I Mayor Keolker noted that the first item of unfinished business concerns the \ Langley Ridge Final Plat. 1Development Scn·ices Division recommended approval, with conditions, of the ·1Langley Ridge Final Plat; 34 single-family lots on 34.05 acres located in the !vicinity of SE May Valley Rd., Coal Creek Parkway SE, and NE 26th St. MOVED.BY PERSSON, SECONDED BY LAW, COUNCIL APPROVE THE LANGLEY RIDGE FTNAL PLAT. CARRIED. (See page 342 for resolution.) Planning and Development Committee Chair Briere presented a report regarding the extension and modification to the owner-occupied housing incentives. The Committee recommended concurrence with the following staff recommendation: • Per the prm isions of City Code 4-9-015, approve an exemption to proceed outside or the annual Title IV (Development Regulations) amendment process due to the sunset of the "Owner-Occupied Housing Incentives" in City Code 4-1-210 on 10/1/2007. • Extend the owner-occupied housing incentives in place for downtown Renton through 12/31/2009, unless othenvise extended by the City Council. • Modify the cligibil1ty criteria, identify an application process, implement a restrictiw covenant requiring the benefited project to be "For Sale" housing, and make other changes to the existing text. • Adopt an ordinance to extend and modify City Code 4-1-210, Waived Fees. MOVED BY BRIERE. SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COYIMITTEE REPORT. CARRIED. (See page 342 for ordinance.) Public Safety Committee Chair Law presented a report recommending concurrence in the staff recommendation to approve the 2007 Budget amendment for the cooperative purchase by the Valley Special Response Team member agencies oC a Lenco BearCat armored personnel carrier to replace the current 26-ycar-old carrier. The Committee further recommended that the ordinance amending the 2007 Budget to document the incoming revenue (from Valley Narcotics Enforcement Team funds) and expenditure in the amount of $50,000 be presented for first reading. MOVED BYLAW, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 342 for ordinance.) Public Safety Committee Chair Law presented a report regarding extended unauthorized parking. The Committee recommended concurrence in the staff recommendation to impose a time limit on extended parking on City of Renton right-of-way or mumcipal property, a violation of which could result in impoundment after proper notification. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BYLAW, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 342 for ordinance.) Council member La\\' explained that the ordinance calls for a 72-hour time limitation if a vehicle has been left in a municipal right-of-way or on City property. The City will tag the vehicle and notify the owner that the vehicle is subject to impoundmcnt. UN" F1NI ·; f+ r;: t:> I'> i.\. s 1--kl e :;;5 ~ OF RENTON COUNCIL AGEND1 fie.Id -/.'or e.011.slderaf)()rl on 10-J-tJ'! I Al#: 5, f;;, Submitting Data: Planning/Building/Public Works For Agenda of: Sept~ 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Mike Dotson X-7304 Agenda Status Consent. ............. Subject: Public Hearing .. Langley Ridge Final Plat. Correspondence. Ordinance ............. File Number: LUA 07-059 FP (Preliminary Plat LUA Resolution ............ 05-083). Old Business ........ Exhibits: New Business ....... I. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Information ......... Recommended Action: Approvals: Council Concur Legal Dept.. ...... . Finance Dept.. ... . Other. ............. . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 34 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred ( and a security device posted) as required through the Planning/Building/Public Works Department prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Langley Ridge Final Plat, LUA 07-059 with the following conditions and adopt the resolution. I. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. H :\Division.s\Develop.ser\Plan. rev\MikeD\Langley Ridge AGN Bl IP 112. doc/ X X X CITY OF RENTON, WASHINGTON RESOLUTION NO. ___ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (LANGLEY RIDGE; FILE NO. LUA 07- 059FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is 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, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who 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 the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL SECTION II. The above findings are true and correct in all respects. The final plat 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 RESOLUTION NO. __ _ (The property, consisting of approximately 34.05 acres, is located in the vicinity North of NE 24"' St. between Coal Creek Parkway/Duvall Ave. NE & NE 26"' St.) is hereby approved as such plat, subject to the laws and ordinances of the City ofRe11t\:lll, and subject to the findings, conclusions, and recommendation of the Planning/BuildinglPublic Works Department dated May 23, 2007. PASSED BY THE CITY COUNCIL this __ day of _______ , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this __ day of _______ __, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1299:09/12/07 ch 2 VICINITY MAP (NOT TO SCALE) 0 I \~------------______ N.N'E·c~3ltST'--'!B'rC-__ 177 7,c,;------ FJELD AVE. N.E. ~-ILWACO AVE. N.E. N.E. 24TH ST. LYONS AVE. EXHIBIT A Legal Description Real property in the County of King, State of Washington, described as follows: Parcel A: The South 136 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETHER WITH the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range S East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel tol:he West line of said Subdivision 16 feet; Thence West 120 feet to the POINT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range S East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range S East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: Rrst American Trtie A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. · EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: The South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W.M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: The West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; · · · · · · Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: First American lttfe BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet, thence East 548 feet to the POINT OF BEGINNING of the Tract herein described, thence South 208.708 feet, thence West 208.708 feet, thence North 208.708 feet, thence East 208.708 feet to the TRUE POINT OF BEGINNING, Parcel H: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet to the TRUE POINT OF BEGINNING of the Tract herein described, thence East 340 feet, thence South 208 feet, thence West 340 feet, thence North 208 feet to the TRUE POINT OF BEGINNING, Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, (Also known as Lot A of KING COUNTY LOT UNE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel I-1: A non-€xclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-€xclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Rrst American Title DEVELOPl\1E:\T SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Thomas Foster Langley Development Group, Inc. Langley Ridge Final Plat. File: LUA 07-059, FP South of SE May Valley Road between Coal Creek Pkwy and NE 26th Street. North of NE 24th Street. Section 32, Twp. 23 N., Rng 5 E, W.M. Final Plat for 34 single-family residential lots with water, sanitary sewer, storm, and street lighting. Approve \Vith Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Thomas Foster, Langley Development Group, Inc, filed a request for approval of Langley Ridge, a 34-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. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated (DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. !·\Plan Re,·iew\Plan Review 2007\Langley Ridge\Langle;, R1dgt pL1t Report.doc 5. The subject site is located at South of SE May Valley Road between Coal Creek Pkwy and NE 26 1h Street. Norih of NE 24'h Street. The new plat is located in Section 32, Twp. 23 N., Rng 5 E, W.M. 6. The subject site is comprised of a parcel of 34.05 acres. 7. The City of Renton Council apprmed the Preliminary Plat (LUA-05-083) on February 6, 2006. 8. The site is zoned R-8 (Single Family-8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following items address the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. 1. The appl!cant shall comply with the condtllons imposed by the ERC. • See section beluwfor ERC compliance. 2. The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the access roadway, increasing the load heanng capacity of the exiting bridge or both. The applicant shall not create a roadway from NE 26'" street to lots 33 and 34. • An easement fur emergenC)..' access has hed1 :,ubmiued fOr review. 3. The applicant shall provide rev,sed plan showing the net square footage demonstrating compliance for lot area for any lot impacted by an access easement (Lots 14, 30, 31, 32 and 33). The satisfaction of this requirement 1s subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. • The final lot closure calculations ivi/1 demonstrate the lat areas of all lots meet the net square footage requirements. The closure calculations are provided as a part of the final plat submittal. 4. The applicant shall ensure all open space area including buffer impacted during construction shall be restored and enhanced 1f required prior to the recording of the final plat. The satisfaction of this requirement is suhjcct to the review and approval of the Development Services Project Manager prior to l1nal plat. • A landscape plan has been provided and approved for re-vegetation of the disturbed open space. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared !:\Plan Review\Plan Review 2007\Langley Ridge\l .~nglcy R1df:C plat Report.doc private improvements of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. • A draft HOA document has been prorided as part of the final plat submittal. The HOA is current/\' being reviewed by the Citr Altum,'_"<. 6. The applicant shall establish a mamtcnance agreement for the shared private access easements. Additionally, the apphcant shall install a "Private Road" sign mdicating addresses served from the private street at the intersection of the private street and public street. Addil!onally, these casements shal I be posted for "No Parking" along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdivision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. • This condition has been satisfied b,· approval of the construction plans, signs will be installed as indicated above. 7. The applicant shall record a public 15-foot ,vide pedestrian trail easement across Tracts A, B and C. A note shall be placed on the face of the plat. The trail shall be for future construction by the City to be accessible to the publtc. These requirements shall be subject to the review and approval of the Development Sen ices Umsion prior to recording of the final plat. • The Parks Depl .has provided no i11dicatio11 of the location ufthe trail; discussions with the Parks Department since July 2006 has _1c1 10 yield a trail route. Therefore a note on the Final Plat in reference to the open space 1racts will state that the "Renton Parks Department has the right to construct a trail a11_1 11 here on the Open Space. " 8. The Open Space Tracts A, B, C and l) shall be posted with signs indicating the area as Non- revocable Open Space and site for a ti.tture public trail connection. The maintenance agreement and responsible party(1es) shall be noted on the face of the plat and added to the CC &R's. This condnion shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. • The notes have been added to the.face o(rhe_(inal plat map. 9. The establishment of Native Growth Protection Areas containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject lo the review and approval of the Development Services Division prior to recording oi the final plat. • The notes have been added to t/zejace o(rhefinal plat map. 10. The applicant shall provide documcntatwn that any decommissioned wells are in compliance with code. The satisfaction of this condit10n shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. !:\Plan Rev1e,v\Plan Review 2007\Lllngky RiJge\L.1·:gky R1..ige plat Report.doc • There were not any wells on zhe project that were to be decommissioned; therefore this condition has been met. ERC CONDITION COMPLIANCE: The applicat10n has complied with the 12 cond1t1ons imposed by the ERC (conditions to follow): 1. The applicant shall adhere to the recommendation of the geotechnical report prepared by Icicle Creek Engineers, Inc dated June 20, 2005 during site preparation and building construction. • The geozechnical recommendations 11ere incorporated into the engineering plans and pond sizing. The .final as-builts will pro1·ide cerlification from the Geotechnical Engineer on the actual infiltration rate o the pond. Th1.1· condition will be satisfied upon submillal of Final as-built. 2. The applicant shall be requlfed to perform all earthwork activilles in the drier sununer months (April -October) unless otherwise approved by the City's Development Services Division. • The project was granted approval to 1rnrk all year due to soil conditions and limited tree clearing. Condition has heen satisfied 3. The applicant shall install a silt fence along the dovm slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in conformance w, th the specifications presented in the Vol. II 2001 DOE Stonnwater Management Manual. This condition shall be required during the construction of both off-site and on-site improYcmcnts as well as building construction. • The erosion control for the pro;ecr 111d zhe 200 I DOE standards; limited vegetation removal, silzfencing, swales, and a !clllp-pond ivere used. This condition has been satisfied. 4. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the flow rates. The design and construction of the drainage swales shall confonn to the specifications presented in the Vol. II 2001 DOE Stonnwater Management Manual. Temporary pipe systems can also be used to convey stonnwater across the site. This condition shall be required during the construction of both off-site and on-site improvements as well as building construct10n. • Please note condition 3 above, this condition has been satisfied. 5. The project contractor shall perfonn daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on-site and off- site improvements as well as building construction. J·\Plan Review·,Plan Review 2007\Langley Ridge\Langi::; i{1ugL' plat Report.doc • This condition is on-going and is being 111e1 6. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. • The contractor has provided (and has swff) a certified DOE erosion control expert, the erosion control reports have been pr01·ided to the City from the Certified DOE expert provided by Frontier Construction. This condition is being met and is on-going. 7. Certification of the installation, mamtcnancc and proper removal of the erosion control facilities shall be required prior to recording of the plat. • The erosion control is currently .\/11/ in operation. Prior to plat recording the required certifications will be provided 8. The applicant shall comply with the recommendations contained within the Wetland, Stream and Habitat Study dated June 30, 2005 prepared by Altmann Oliver Associates, LLC in regards to wetland and stream maintenance. monitoring and construction of the project. • The recommendations within this rcpor! "'ere incorporated into the design of the project. This condition has been met. 9. This project shall he subject to the 2005 Kmg County Surface Water Analysis and Design Standards. • This condition has been met upon the appmval of the civil construction drawings. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 for each new single-family residence pnor to the recording of the final plat. • Langley Development Group, Inc. 1\'ill poy the necessary Jee prior to recording of the final plat. 11. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the proJect prior to the recording of the final plat. • Langley Development Group, Inc. will pay the necessary fee prior to recording of the final plat. 12 The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new smgle family home prior to the recording of the final plat. • Langley Development Group, Inc. ,rill pay the necessary fee prior to recording of the final plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approwd by the City Council. l.\Plan Review\Plan Revie\v 2007\Langley Ridgc\Lang!::: RiJgc plat Report.doc RECOMMENDATION: I. The City Council to approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 4th DAY OF September 2007. cc: Kayren Kittrick LUA-07-059-FP MIKE DOTSON DEVELOPMENT SERVICES DIVISION l:\Plan Rcvicw\Plan Review 2007\Langley Ridge\Lrnglcy R1dgl' plat Report.doc I ,.J.:). ~-;R CITY OF ~GL£Y RIOCE AT W.Y CREEK ~n• ,_ ' u ~ RENTON, WASHINGTON --RENTON ~ . =- 0,111:l>f'PR -u 1£..;._-;_ I ~-o...i. ~ ~ ~ -u ,__.._ FtW)S ;.\OQ: I ~ ! ! I --' i ' \ i• • ! -., \ -I• ' ii ' \:t,~ ! -(i • \ ,· • -! 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NEIGHBORHOOD PLAN .. .. 1-11i:1,~1 I -~ "" -·- EXHIBIT A Legal Description Real property in the County of King, State of Washington, described as follows: Parcel A: The South 136 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETHER WITH the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel to the West line of said Subdivision 16 feet; Thence West 120 feet to the POINT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: Hrst American Tltfe A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. · EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: The South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W.M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: The West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: Hrst Amelie.an Title BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet, thence East 548 feet to the POINT OF BEGINNING of the Tract herein described, thence South 208.708 feet, thence West 208. 708 feet, thence North 208.708 feet, thence East 208.708 feet to the TRUE POINT OF BEGINNING, Parcel H: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet to the TRUE POINT OF BEGINNING of the Tract herein described, thence East 340 feet, thence South 208 feet, thence West 340 feet, thence North 208 feet to the TRUE POINT OF BEGINNING, Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, (Also known as Lot A of KING COUNTY LOT LINE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel I-1: A non-exclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. First American Tfffe October I, 2007 ADMINISTRATIVE REPORT AUDIENCE COMMENT Plat: Langley Ridge, NE 26th St, FP-07-059 Citizen Comment: Longfellow -Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Foster - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Rogers - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Christopherson -Langley Ridge Final Plat, NE 26th St, FP-07-059 Renton City Council Minutes Page 339 (2007-M-06). Mr. Song pointed out that the prezone from R-48 to R-14 will reduce the value ufthe property. He stated that the area is not conducive to single-family zoning. and properties to the north and east are commercially zoned. Responding to the inquiries of Mayor Keolker and Council President Nelson, Mr. Pietsch reported that the Planning and Development Committee will continue to review the matter and then present a final recommendation to the full Council. He indicated that if Council chooses to do so, the amendments would need to be adopted by the end of the year. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: JI; Myron Zapata will represent the City of Renton at the Special Olympic World Games in Shanghai, China, October 2 though 11. * A Downtown Wayfinding Open House will be held on October 15 at City Hall. The downtown wayfinding project will create signage to assist visitors and residents into and around downtown Renton. Attendees will have the opportunity to view examples of the signs and preliminary color proposals and to provide comments. Noting that all of the speakers signed-up to comment on the Langley Ridge Final Plat, Mayor Keolker reported that a settlement between the Stonegate Homeowners Association and Langley Development was achieved. (See page 341 for action on this matter.) Happy Longfellow (Renton), Stonegate neighborhood resident, expressed his appreciation to the City for tabling the Langley Ridge Final Plat approval for a week. He indicated that mediation was sought and an agreement was successfully negotiated between the Stonegate Homeowners Association and Langley Development. Mr. Longfellow reported that the Langley Ridge plat can use the easement on Stonegate plat's Tract C for emergency and maintenance access. Thomas Foster (Seattle), stating that he is the president of Langley Development, voiced appreciation for the City's efforts on the matter of the Langley Ridge Final Plat. Debra Rogers (Renton), Stonegate neighborhood resident, noted the misunderstandings sunounding issues of the Langley Ridge Final Plat approval, and expressed her hope that the City will team from this situation and prevent these types of misunderstandings with future plats. Bruce Christopherson (Renton), Stonegate neighborhood resident, reviewed points from the Hearing Examiner's report regarding the Langley Ridge Preliminary Plat pertaining to open space and access to proposed lots 33 and 34. He requested that final plat approval not occur before Langley Development complies with the conditions of the plat. Mr. Christopherson noted that if the City allows a roadway from NE 26th St. to be used for emergency and maintenance purposes, that it also allows Stonegate plat residents to use the roadway for non-motorized travel. October I, 2007 Citizen Comment: Willoughby -Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Brain - Langley Ridge Final Plat, NE 26th St, FP-07-059 CONSENT AGENDA Council Meeting Minutes of 9/24/2007 CAG: 07-161, Maple Valley Hwy Improvements Phase 2, Rodarte Construction Court Case: JoAnne E Beach, CRT-07-009 Transportation: SR-900/1-405 Vicinity to Harrington Ave NE Signal Modification, WSDOT Separate Consideration Item 8.c. Appeal: Beclan Place Preliminary Plat, Beck, PP-07- 041 Renton City Council Minutes Page 340 Melissa Willoughby (Renton), Stonegate neighborhood resident, asked that prior to granting approval of the Langley Ridge Final Plat, that the conditions of the plat be mcL and that the City follow-through to see that the conditions arc complied with. She noted pat1icularly the condition regarding repair of the bridge for emergency fire truck access. Ms. Willoughby recommended that a l timeline be set as to when this condition is to be met. Councilmember Corman commended Stonegate Homeowners Association and Langley Ridge for reaching an agreement on the easement. He stated that the Hearing Examiner's conditions need to be met before the final building approval • is made. Councilmember Clawson said that enforcement of the plat conditions · will be followed-up by City staff. Paul Brain (Tacoma), representing Langley Development, pointed out that the · matter of the easement concerning the Langley Ridge Final Plat has been resolved, and he encouraged Council to approve the final plat. · Items on the consent agenda are adopted by one motion which follows the listing. At the request ofCouncilmember Persson, item 8.c. was removed for separate consideration. Approval of Council meeting minutes of9/24/2007. Council concur. City Clerk reported bid opening on 9/25/2007 for CAG-07-161, Maple Valley Hwy. (SR-169) Improvements Phase 2; eight bids; engineer's estimate $4,773,750; and submitted staff recommendation to award the contract to the low bidder, Rodarte Construction, Inc., in the amount of $5,039,197. Council concur. Court Case filed by Kevin P. Sullivan, Sullivan & Thoreson, on behalf of JoAnne E. Beach who seeks compensation for medical expenses and economic loss due to injuries sustained on 11/4/2004 allegedly caused by failure to properly seal the area al the signal loop joint on Park Ave. Refer to City Attorney and Insurance Services. Transpot1ation Systems Division recommended approval of a contract with Washington State Department of Transportation in the amount of$25,000 for additional costs related to the SR-900, 1-405 vicinity to Harrington Ave. NE signal modification and raised traffic island project. Council concur. (See page 342 for resolution.) MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.c. FOR SEPARATE CONSIDERATION. CARRIED. City Clerk submitted appeal of Hearing Examiner's recommendation regarding Beclan Place Preliminary Plat; appeal filed on 9/11/2007 by Steve Beck, accompanied by required fee.* Councilmcmber Persson stated that Councilmember Clawson had indicated in an e-mail that the Planning and Development Committee is not accepting any more referrals. C:ouncilmember Briere noted the Council's concerns regarding the Planning and Development Committee's recommendations on issues. *MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER CONSENT AGENDA ITEM 8.c. TO THE COMMITTEE OF THE WHOLE. CARRIED From the December 15, 2005 Langley Ridge Preliminary Plat page 10, point 29: /iu.dlettcc (ommenf /O-J-01 Erw:c.. Cli.nsloplicrs on "The applicant responded to the need for improved access to Proposed Lots 33 and 34 with a suggestion of extending the easterly roadway easement from Proposed Lots 30 to 32 to the north. The creation of a roadway for such purposes would carve up the contiguous open space and defeat the protection sought by the City standards." page 11, point 2: • "There is no question that access from May Valley Road has to meet at least the minimum standards of the Fire Department before the property can be further divided. The alternative of a new roadway from the southeast comer of the site is inappropriate." page 12, point 2: "The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department This may entail widening the roadway, increasing the load bearing capacity of the existing bridge or both. The applicant shall not create a roadway from NE 26th Street to lots 33 and 34." . . From the December 15, 2005 Langley Ridge Preliminary Plat page 10, point 29: /illd/e/'\CC (01Y1Men f 10-1-07 Erw:c Cf.n,,fophcrs on "The applicant responded to the need for improved access to Proposed Lots 33 and 34 with a suggestion of extending the easterly roadway easement from Proposed Lots 30 to 32 to the north. Tue creation of a roadway for such purposes would carve up the contiguous open space and defeat the protection sought by the City standards." page 11, point 2: ' "There is no question that access from May Valley Road has to meet at least the minimum standards of the Fire Department before the property can be further divided. Tue alternative of a new roadway from the southeast comer of the site is inappropriate." page 12, point 2: "The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the roadway, increasing the load bearing capacity of the existing bridge or both. Tue applicant shall not create a roadway from NE 26th Street to lots 33 and 34." September 24, 2007 Citizen Comment: Blayden - Langley Ridge Final Plat, NE 26th St, FP-07-059 CONSENT AGENDA Council Meeting Minutes of 9/17/2007 CAG: 07-160, Duvall Ave NE Water & Sanitary Sewer Main Installation, Shoreline Construction Community Services: Community Center HV AC System Emergency Repairs, Hermanson Mechanical Development Services: Benner Short Plat, ROW Dedication, Jericho Ave NE, SHP-05-113 Police: Renton Transit Center VIDA Program, Securitas Security Services USA SAD: Earlington Sewer Interceptor CAG: 05-195, Central Plateau Interceptor Phase II, Roth Hill Engineering Partners CAG: 05-147, Hazen 565- Zone Reservoir Design, RH2 Engineering Separate Consideration Item 5.e. Plat: Langley Ridg~ NE 26th St, FP-07-059 ----- Renton City Council Minutes Page 326 Bob Blayden (Renton), who owns property on the Langley Ridge plat, indicated that Langley De, clopmcnt purchased property from him and has been very accommodating to him during the construction. He encouraged the Council to move forward with the approval of the final plat, as the longer the matter is held up, the more money he loses. Mayor Keolker recommended that the matter be held for at least a week in order for the issues to be resolved. !terns on the consent agenda are adopted by one motion which follows the listing. Item 5.e. was removed for separate consideration. Approval of Council meeting minutes of9/l 7/2007. Council concur. City Clerk reported bid opening on 9/19/2007 for CAG-07-160, Duvall Ave. NE Water and Sanitary Sewer Main Installation; 16 bids; engineer's estimate $1,095,087.23; and submitted staff recommendation to award the contract to the low bidder, Shoreline Construction Co., in the amount of$775,296. 13. Council concur. Community Services [)cpartment recommended approval of a service repair order with Hermanson Mechanical for emergency repairs to the HV AC system at the Renton Community Center in the amount of$32,000. Council concur. Development Scf\ ices Division recommended acceptance of a deed of dedication for additional right-of-way to widen Jericho Ave. NE and NE 5th Pl. to fulfill a requirement ofthc Benner Short Plat. Council concur. Police Department recommended approval of a contract with Securitas Security Services USA, Inc. in the amount of$28,957.39 (three months) to provide Visitor Information, Downtown Assistance (VIDA) program security and ambassador services at the Renton Transit Center. Council concur. Utility Systems Di\"Jsion requested authorization to establish the Earlington Sewer Interceptor Special Assessment District in the estimated amount of $341,410.04 to ensure that project costs are equitably distributed to those who benefit. Refer to Utilities Committee. Utility Systems Division recommended approval of Addendum No. I to CAG- 05-195, agreement with Roth Hill Engineering Partners. LLC, for additional work on the Central Plateau Interceptor Section II project in the amount of $20,501. Council concur. Utility Systems Division requested approval of Addendum No. 1 to CAG-05- 147, agreement with RH2 Engineering, Inc., for additional work related to the Hazen 565-Zone Reservoir project in the amount of $29,900. Council concur. MOVED BY NELSON. SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 5.e. FOR SEPARATE CONSIDERATION. CARRIED. Development Services Division recommended approval, with conditions, of the Langley Ridge Final Plat; 34 single-family lots on 34.05 acres located in the vicinity of SE May Valley Rd., Coal Creek Parkway SE, and NE 26th St. IMOVED BY NELSON. SECONDED BY CORMAN, COUNCIL TABLE CONSENT AGENDA ITEM 5.e. UNTIL 10/1/2007. CARRIED. . OF RENTON COUNCIL AGEND) He.I cJ -/.'or eoJ1..s1dera-/1()ri on 10-1-01 I Al#, 5. e,, Submitting Data: Planning/Building/Public Works For Agenda of: Sept~ 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Mike Dotson X-7304 Agenda Status Consent. ............. Subject: Public Hearing .. Langley Ridge Final Plat. Correspondence. Ordinance ............. File Number: LUA 07-059 FP (Preliminary Plat LUA Resolution ............ 05-083). Old Business ........ Exhibits: New Business ....... I. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Information ......... Recommended Action: Approvals: Council Concur Legal Dept.. ...... . Finance Dept.. ... . Other .............. . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment.. ..... Amount Budgeted ...... . Revenue Generated ........ . Total Project Bud!let City Share Total Project SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 34 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and constrnction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Planning/Building/Public Works Department prior lo recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Langley Ridge Final Plat, LUA 07-059 with the following conditions and adopt the resolution. I. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior lo recording the plat. H :\Divis ion .s \Develop. scr\Plan _ re-..· \Mi keD\Langley Ridge A GNB HP l 12 . doc/ X X X CITY OF RENTON, WASHINGTON RESOLUTION NO.~---- A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (LANGLEY RIDGE; FILE NO. LUA 07- 059FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is 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, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who 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 the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL SECTION II. The above findings are true and correct in all respects. The final plat 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 RESOLUTION NO. __ _ (The property, consisting of approximately 34.05 acres, is located in the vicinity North of NE 24th St. between Coal Creek Parkway/Duvall Ave. NE & NE 26th St.) is hereby approved as such plat, subject to the laws and ordinances of the City of Rentw1, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 23, 2007. PASSED BY THE CITY COUNCIL this day of ______ ~ 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of ________ ,, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1299:09/12/07:ch 2 0 0 i:: 0 I ~----- VICINITY MAP (NOT TO SCALE) N./i;. 31ST ST. FIELD -------A VE. N. E. '------~r--;--.,..-,N.-E.-,--24-TH..,__S_T_--=-- ~ v0«.. :.-: 23RD ST. ~'4Y LYONS AVE. EXHIBIT A Legal Description Real property in the County of King, State of Washington, described as follows: Parcel A: The South 136 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETHER WITH the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel tothe west line of said Subdivision 16 feet; Thence West 120 feet to the PO!NT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: Rrst American Title A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. · EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: The South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W.M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: The West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: Rrst Ameriean 77tie BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet, thence East 548 feet to the POINT OF BEGINNING of the Tract herein described, thence South 208.708 feet, thence West 208.708 feet, thence North 208.708 feet, thence East 208.708 feet to the TRUE POINT OF BEGINNING, Parcel H: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet to the TRUE POINT OF BEGINNING of the Tract herein described, thence East 340 feet, thence South 208 feet, thence West 340 feet, thence North 208 feet to the TRUE POINT OF BEGINNING, Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, (Also known as Lot A of KING COUN1Y LOT LINE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel I-1: A non-exclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. first American 17t/e DEVELOP,tENT SERVICES DIVISION BUILDING/PLA.\NING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION SUMMARY OF REQUEST: RECOMMENDATION: Thomas Foster Langley Development Group, Inc. Langley Ridge Final Plat. File: LUA 07-059, FP South of SE May Valley Road between Coal Creek Pkwy and NE 261h Street. North of NE 24'h Street. Section 32, Twp. 23 N., Rng 5 E, W.M. Final Plat for 34 single-family residential lots with water, sanitary sewer, storm, and street lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Thomas Foster, Langley Development Group, Inc, filed a request for approval of Langley Ridge. a 34-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. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated (DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. !:'-Plan Rcvicw\Plan Review 2007\Langley R1dge'Langk;, R1Jg,;: plat Report.doc 5. The subject site is located at South of SE May Valley Road between Coal Creek Pkwy and NE 26th Street. North of NE 24th Street. The new plat is located in Section 32, Twp. 23 N., Rng 5 E, W.M. 6. The subject site is comprised ofa parcel of34.05 acres. 7. The City of Renton Council approved the Preliminary Plat (LUA-05-083) on February 6, 2006. 8. The site is zoned R-8 (Single Family-8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following items address the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. 1. The applicant shall comply with the conditions imposed by the ERC. • See section below for ERC compliance. 2. The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the access roadway, increasing the load bearing capacity of the exiting bridge or both. The applicant shall not create a roadway from NE 26'" street to lots 33 and 34. • An easement for emergency access has been submitted for review. 3. The applicant shall provide revised plan showmg the net square footage demonstrating compliance for lot area for any lot impacted by an access easement (Lots 14, 30, 31, 32 and 33). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. • The final lot closure calculations will demonstrate the lot areas of all lots meet the net square footage requirements. The closure calculations are provided as a part of the final plat submittal. 4. The applicant shall ensure all open space area including buffer impacted during construction shall be restored and enhanced if required prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to final plat. • A landscape plan has been provided and approved for re-vegetation of the disturbed open space. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared ]:\Plan Review\Pl.an Review 2007\Langley Ridge\Langley Ridge plat Report.doc private improvements of this dcwlopment. A drafi of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. • A draft HOA document has bern prui ided as part of the final plat submittal. The HOA is currently being reviewed by the Ciry .·11/omey. 6. The applicant shall establish a mamtenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street and public street. Additionally, these easements shall be posted for "No Parking" along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdivision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. • This condition has been sa1isfied b\· 11p1,roval of the construction plans, signs will be installed as indicated above. 7. The applicant shall record a public 15-foot \\"Ide pedestrian trail easement across Tracts A, B and C. A note shall be placed on the face of the plat. The trail shall be for future construction by the City to be accessible to the public. These requirements shall be subject to the review and approval of the Development Sen ices Division prior to record mg of the final plat. • The Parks Dep1 .has provided no indicarion of the localion of the trail; discussions with the Park, Department since Julv 2/J(}(; has rel 10 yield a trail route. 11ierefore a note on the Final Plat in reference to the open .,pace !mets will state that the "Renton Parks Department has the right to construct a trail anr 11/,crc 011 the Open Space. " 8. The Open Space Tracts A, B, C and D shall be posted with signs indicating the area as Non- revocable Open Space and site lor a future public trail connection. The maintenance agreement and responsible party(ics) shall be noted on the face of the plat and added to the CC &R's. This condition shall be subyct to the review and approval of the Development Services D1vis10n prior to recording of the furn! plat. • The notes have been added to thefi,ce nftl,efinal plat map. 9. The establishment of Native Growth Protection Areas containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the (inal plat. • The notes have been added to theface ofrhc/inal plat map. 10. The applicant shall provide docurncnta\1011 that any decommissioned wells are in compliance with code. The satisfaction of this condnion shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. ]:\Plan Revitw\Plan Review 2007\Langley R1dge\Langlcy l-hl::"c pbl Report doc • There were not any wells on the project that were to be decommissioned; therefore this condition has been met. ERC CONDITION COMPLIANCE: The application has complied with the 12 conditions imposed by the ERC (conditions to follow): I. The applicant shall adhere to the recommendation of the geotechnical report prepared by Icicle Creek Engineers, Inc dated June 20, 2005 during site preparation and building construction. • The geotechnical recommendations were incorporated into the engineering plans and pond sizing. The final as-builts will provide certification from the Geotechnical Engineer on the actual infiltration rate o the pond. This condition will be satisfied upon submittal of Final as-built. 2. The applicant shall be required to perform all earthwork activities in the drier summer months (April -October) unless otherwise approved by the City's Development Services Division. • The project was granted approval to work all year due to soil conditions and limited tree clearing. Condition has been satisfied. 3. The applicant shall install a silt fence along the down slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in conformance with the specifications presented in the Vol. II 200 I DOE Stormwater Management Manual. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. • The erosion control for the prujecr met the 2001 DOE standards; limited vegetation removal, silt fencing, swales, and a temp-pond were used. This condition has been satisfied. 4. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the flow rates. The design and construction of the drainage swales shall conform to the specifications presented in the Vol. II 2001 DOE Stormwater Management Manual. Temporary pipe systems can also be used to convey stormwater across the site. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. • Please note condition 3 above, this condition has been satisfied. 5. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on-site and off- site improvements as well as building construction. !:\Plan Review\Plan Review 2007\Langlcy Ridge\Langley Ridge plat Report.doc • This condition is on-going and is heing md. 6. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendallons of change or revision to maintenance schedules to the Public Works Inspector. • The cmurac/Or has provided (and ha., staff) a certified DOE erosion control expert, the erosion control reports have bern p11mdcd to the City from the Certified DOE expert provided by Frontier Constructio11 Tlus condition is being met and is on-going. 7. Certificat10n of the rnstallat1on. ma1ntcn.1nce and proper removal of the erosion control fac1lit1es shall be required prior t,, recording of the plat. • The erosion control is currentlr s1i/l in operation. Prior to plat recording the required certifications will he provided 8. The applicant shall comply with the recommendations contained within the Wetland, Stream and Habitat Study dated June 30, 2005 prepared by Altmann Oliver Associates, LLC in regards to wetland and stream mamtenance. monitoring and construct10n of the project. • The recommendations ivithin this repor! \\'ere inco,porated into the design of the project. This condition has been met 9. Thrs proJect shall be subject to the 2UJJ5 King County Surface Water Analysis and Design Standards. • This condition has been met upon the upproral ufthe civil construction drawings. I 0. The applicant shall pay the appropriate fire Mitigation Fee based on a rate of $488.00 for each new single-family residence prior 10 the recording of the final plat. • Langley Development Group, Inc. 11 ill pay the necessary fee prior ro recording. of the final plar. 11. The applicant shall pay the appropnatc Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the JJrOJect pnor to the recording of the final plat. • Langley Development Group, Inc. will p,n the necessary fee prior to recording of the final plat. 12 The applicant shall pay the appropnate Parks Mitigation Fee based on $530.76 per new single family home prior to the recording of the final plat. • Langley Development Group, Inc. 11 ill par rhe necessary fee prior to recording of the final plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. !.\Plan Rev1ew\Plan Review 2007',Langley Ridge\Llmgk:, l<.1dge pbt Report.doc RECOMMENDATION: 1. The City Council to approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 4'" DAY OF September 2007. cc Ka:,Tcn Kittrick LUA-07-059-FP MIKE DOTSON DEVELOPMENT SERVICES DIVISION !:\Plan Review\Plan Review 2007\Langley Ridge\Langley Ridge plat Report.doc -. ,-Jo" ! =-~ CITY OF ' -® -. ~-1 HENTON -· ------~ o,,.1tl-- 'I. i f---·-=::-· -' Al f'!".J n- i'V~ ·-c:!: ;,,-,, • ~ ;i r--"""",' ~--~~; I l..Af/ClfY RIDG( AT MAY CREEK R(NTON, WASHINGTON 0 iTi <: , ,-1!'6~' '-[?ill ; ,i~ ... ~r; C: --ji"") ... i;~J;~::~ :z ----< ..::; : iH1i:!i •",-c;-.•· .___, --~ I -.: !: : . I'"' ...,.,~ ! ,,;~ ,,a ""' f.~ ::j ' ·j''•i,a t~ :;::·} j 1 h~~1'1! -· , ·~mii 1 ' ' ~-..... ; 1:rl:af··I . 1·•·" r ,,,., ~:i-ti~" •",; gj r~ g ~o! ' ' ' OJ?.E~~l!RS -----am.o.a,~aR,.P..1. ~ ---- -----~~ , , ' LANGLEY RIDGE AT MAY CREEK I. , ,§ cua,., LAN~L_E'. __ ~~~~OPMENT GROUP, IN~. -- i '"""'COO.-W'1 ------~,,-,-•• -,.---·=-~.,---T,1,~-~c,--.,~--1 ""~ - L-12mJ2007 I =-~· "''"'"p,ui NEIGHBORHOOD PLAN crn vs c,._o EXHIBIT A Legal Description Real property in the County of King, State of Washington, described as follows: Parcel A: The South 136 feet of Lot 2 of KING COUNlY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETI-fER Wlll-f the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel to the west line of said Subdivision 16 feet; Thence West 120 feet to the POINT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: first Ameria,n Trtle A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. · EXCEPT THEREFROM the West 247 .50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: Toe South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W.M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: Toe West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; ·· Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: Rrst American Title BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet, thence East 548 feet to the POINT OF BEGINNING of the Tract herein described, thence South 208.708 feet, thence West 208.708 feet, thence North 208.708 feet, thence East 208.708 feet to the TRUE POINT OF BEGINNING, Parcel H: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range S East W.M., described as follows: BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet to the TRUE POINT OF BEGINNING of the Tract herein described, thence East 340 feet, thence South 208 feet, thence West 340 feet, thence North 208 feet to the TRUE POINT OF BEGINNING, Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, {Also known as Lot A of KING COUNTY LOT LINE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel I-1: A non-exclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Rrst Amencan TFtle ... . ' September 24, 2007 Citizen Comment: Green - Touchdowns Sports Bar & Grill Noise Problems, Airport Way Citizen Comment: Smith - Touchdowns Sports Bar & Grill Noise Problems, Airport Way Plat: Langley Ridge, NE 26th St, FP-07-059 Renton City Council Minutes Page 323 alley between the business and S. Tobin St., or having the business owner pay a fine each time the police are called . Kenneth Green (Renton), stating that he lives next door to the previous speaker, stressed that he does not want Touchdowns Sports Bar and Grill to shut down, but to be responsible for the actions of its patrons. He indicated that despite numerous conversations with the business's management, the problems persist. Mr. Green expressed his desire for a resolution to the problems. Catherine Pluue Smith (Renton), stating that she lives on S. Tobin St., expressed concerns about the noise problems and disturbances caused by patrons of Touchdowns Sports Bar and Grill, which negatively affects area residents. Saying that she docs not want the business to close down, Ms. Smith asked that the City address this matter. She suggested a greater police presence on the weekends. Mayor Keolker assured that the Police Chief will investigate the matter and provide a report back to Council. Mayor Keolkcr announced that the rest of the speakers signed up to comment on the topic of the Langley Ridge Final Plat, which is listed on the consent agenda. She invited Development Services Director Watts to provide a briefing on the matter. Mr. Watts reported that the issue in question is emergency access. He explained that the driveway from SE May Valley Rd. goes across an old bridge that would not adequately support a fire truck, so the developer either had to replace the bridge or find another way for emergency access. The developer chose an access point that comes through the Stonegate neighborhood across Tract C, and which would only be used for emergency access, drainage facilities maintenance purposes. and access to two existing single-family homes. He noted that two easements go across both Tract C and another property now known as the Holmes property. Continuing, Mr. Walls indicated that the easement types are in dispute. The easements are an older 22-foot-wide private access easement that existed prior to the Stonegate plat, and a 20-foot easement that was created when the plat was recorded. He stated that the City Attorney reviewed the unclear plat language and determined that the easement created in the Stonegate plat is a public access easement. Mr. Watts reported the following: the Langley Ridge plat property owner was unsuccessful in securing clear easement rights from the Stonegate Homeowners Association; the construction vehicles have been using the easement primarily to build the utility facilities, which has caused concern to the neighboring residents; the access is secondary and will be gated off; and the access will serve as secondary for emergency and maintenance purposes, not as primary (residential). to the two lots created as part of this particular plat. City Attorney Warren noted the discord that has developed between the Stonegate residents and the Langley Ridge developer. Mr. Warren reviewed how he arrived at his determination that the easement shown on Tract C of the Stonegate plat is public and therefore allows a secondary means of emergency access to the Langley Ridge plat. Mr. Warren and Mr. Watts responded to questions from Councilmembers on the following issues: the 20-foot easement that provides access to the Holmes property; the placement of the locked gate; the use of the easement by construction ,ehicles and the related private property trespass issue; the Langley ,, • September 24, 2007 Citizen Comment: Navarro - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Reamy - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Longfellow -Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Brain - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Rogers - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Christopherson -Langley Ridge Final Plat, NE 26th St, FP-07-059 Renton ( 'ity Council Minutes Page 324 Ridge plat owner's responsibility to erect the gate and pave the road prior to recording the plat; and confirmation that the secondary access will incur only limited use. Phillip Navarro (Lynnwood), who represents the Stonegate Homeowners Association (HOA), provided a procedural history of the easement under dispute related to the Langley Ridge Final Plat. Mr. Navarro reviewed three legal points as to why the easement should not be considered a public easement, the first concerning certain findings by the Hearing Examiner. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL ALLOW THE SPEAKER FIVE ADDITIONAL MINUTES. CARRIED. Mr. Navarro continued with the review of his legal points. His second and third points concerned the intent of the dedicator and the issue of inverse condemnation. He recommended that the matter be sent back to the Hearing Examiner for a closer rc:view. In response to Council inquiry, Mr. Navarro stated that originally, Stonegate HOA just wanted the developer to have asked them for pe1mission to use the property. The issue has now become contentious. He noted that compensation has been discussed, and pointed out that the HOA is willing to work with the developer if the Je,·cloper is willing to work with the HOA. Betsy Reamy (Renton), Stonegate neighborhood resident, voiced concerns regarding the emergency access to the Langley Ridge plat. She expressed her unhappiness with the construction truck traffic, saying that the access is on Stonegate's private property and other options are available. Ms. Reamy requested that Council deny the final plat, and require the developer to submit an emergency access that uses Langley Ridge plat property. Happy Longfellow (Renton), Stonegate neighborhood resident, disagreed with the Langley Ridge denloper's proposal to use Stonegate property for additional uses that were not included in the original Stonegate plat. He said the access should be developed on Langley Ridge plat property. Paul Brain (Tacoma), attorney representing Langley Development, reviewed the dedication provisions on the Stone gate plat map and concluded that public access exists across Tract C. He noted the minimal amount of usage the secondary emergency vehicle access would incur. Discussion ensued regarding the dedication of open space tracts to the public, the pavement maintenance of the emergency access road by Langley Ridge Homeowners Association, and the question of compensation for the property. Debra Rogers (Renton), Stonegate neighborhood resident, expressed her belief that the easement on the Stonegate plat is private and has not been abandoned. Referring to documents related to the Langley Ridge Preliminary Plat process, she detailed how she came to this conclusion. Ms. Rogers stated that if there is public access on the easement, then it is for City use and not for construction vehicles. She submitted documents and 47 signatures showing support for the Stonegate Homeowners Association. Siri Christopherson (Renton), child of Stonegate neighborhood residents, indicated her dislike of Langley Development's construction trucks using the easement on Slorn:gatc plat. September 24, 2007 Citizen Comment: Christopherson -Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Christopherson -Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Foster - Langley Ridge Final Plat, NE 26th St, FP-07-059 RECESS Citizen Comment: Holmes - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Ice - Langley Ridge Final Plat, NE 26th St, FP-07-059 Citizen Comment: Todderud - Langley Ridge Final Plat, NE 26th St, FP-07-059 Renton City Council Minutes Page 325 Tyra Christopherson (Renton), child ofStonegate neighborhood residents, expressed concern regarding the increase in traffic in her neighborhood as a result of the building of the access road by Langley Development. Bruce Christopherson (Renton), Stonegate neighborhood resident and parent, disagreed that the easement on the Stonegate plat is owned by the public. Stating that he does not want Langley Ridge plat to use Stonegate's property as access, he pointed out that other options are available for Langley Ridge. Mr. Christopherson expressed concern regarding tactics used by the Langley Ridge developer, pointing out that the issue is not about money, it is about recognition of private property rights. He voiced hope for resolution of the legal issues prior to approval of the Langley Ridge Final Plat. Discussion occurred pertaining to concern that the access road will be used for more than emergency and maintenance purposes, and regarding the ownership of the easement area. Thomas Foster (Seattle) introduced himself as the president of Langley Development and commented on the secondary access to and the placement of the houses on Langley Ridge plat. He noted that the access as proposed is for emergency and maintenance use only and not for ingress or egress to the plat. He further 11otcd his effort to limit the construction vehicle traffic and to be considerate of the residents. Mr. Foster stated his belief that the easement is for public use. Discussion ensued regarding the attempts to resolve the matter, the threats of lawsuits, the suggestion to employ a mediator, and the high emotions surrounding the issue. MOVED BY Nl'I.SON, SECONDED BY CLAWSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:54 p.m. The meeting was recntl\'ened at 9 p.m.; roll was called; all Councilmembers present except Briere. previously excused. Robert Holmes (Renton), stating that he owns property that is part of the Langley Ridge plat, pointed out that Tract C in the Stonegate plat is currently being used by the City eight to twelve times per year for ingress and egress to the retention pond. I le opined that it will not be used for emergency access to the Langley Ridge plat more than once every five years. Mr. Holmes further pointed out that the property will not be used by the general public, except for those coming to the homes on his property. Larry Ice (Renton), Stonegate neighborhood resident, noted that with the emergency access as proposed to the Langley Ridge plat, even with the anticipated limited use, the safety of the children in the Stonegate neighborhood is at risk. He recommended that the bridge over May Creek on the Langley Ridge plat be improved. resulting in the provision of immediate emergency access to the homes. Mr. Ice concluded that the Stonegate plat map language indicates that Stonegatc Homeowners Association owns the easement. John Todderud (Renton), Stonegate neighborhood resident, stated that the easement on the Stone gate plat is not public. He recommended that the Langley Ridge developer spend the additional money to make the emergency access from SE May Valley Rd. Mr. Torrerud expressed support for an emergency access that docs not disturb the Stonegate neighborhood. September 24, 2007 Citizen Comment: Blayden - Langley Ridge Final Plat, NE 26th St, FP-07-059 CONSENT AGENDA Council Meeting Minutes of 9/17/2007 CAG: 07-160, Duvall Ave NE Water & Sanitary Sewer Main Installation, Shoreline Construction Community Services: Community Center HY AC S ystcm Emergency Repairs, Hennanson Mechanical Development Services: Benner Short Plat, ROW Dedication, Jericho Ave NE, SHP-05-113 Police: Renton Transit Center VIDA Program, Securitas Security Services USA SAD: Earlington Sewer Interceptor CAG: 05-195, Central Plateau Interceptor Phase 11, Roth Hill Engineering Partners CAG: 05-147, Hazen 565- Zone Reservoir Design, RH2 Engineering Separate Consideration Item S.e. Plat: Langley Ridge, NE 26th St, FP-07-059 Renton City Council Minutes Page 326 I Bob Blayden (Renton), who owns property on the Langley Ridge plat, indicated that Langley Development purchased property from him and has been very accommodating to him during the construction. He encouraged the Council to move forward \\ith the approval of the final plat, as the longer the matter is held up, the more money he loses. Mayor Keolker recommended that the matter be held for at least a week in order for the issues to be resolved. Items on the consent agenda are adopted by one motion which follows the listing. Item 5 .c. was removed for separate consideration. Approval of Council meeting minutes of 9/ l 7 /2007. Council concur. City Clerk reported bid opening on 9/19/2007 for CAG-07-160, Duvall Ave. NE Water and Sanitary Sewer Main Installation; 16 bids; engineer's estimate $1,095,087.23; and submitted staff recommendation to award the contract to the low bidder, Shoreline Construction Co., in the amount of$775,296.13. Council concur. Community Se1Tices Department recommended approval of a service repair order with Hermanson \1echanical for emergency repairs to the HY AC system at the Renton Community Center in the amount of$32,000. Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way to widen Jericho Ave. NE and NE 5th Pl. to fulfill a requirement of the Benner Short Plat Council concur. Police Department recommended approval of a contract with Securitas Security Services USA, Inc. in the amount of $28,957.39 (three months) to provide Visitor Information, Downtown Assistance (VIDA) program security and ambassador scn·ices at the Renton Transit Center. Council concur. Utility Systems Division requested authorization to establish the Earlington Sewer Interceptor Special Assessment District in the estimated amount of $341,410.04 to ensure that project costs are equitably distributed to those who benefit. Refer to Utilities Committee. Utility Systems Division recommended approval of Addendum No. I to CAG- 05-195, agreement with Roth Hill Engineering Partners, LLC, for additional work on the Central Plateau Interceptor Section 11 project in the amount of $20,50 l. Council concur. Utility Systems Division requested approval of Addendum No. I to CAG-05- 147, agreement with Rl-12 Engineering, Inc., for additional work related to the Hazen 565-Zone Reservoir project in the amount of$29,900. Council concur, MOVED BY :\ELSOJ\, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 5.e. FOR SEPARATE CONSIDERATION. CARRIED, Development Services Division recommended approval, with conditions, of the Langley Ridge Final !'lat; 34 single-family Jots on 34.05 acres located in the vicinity of SE May Valley Rd., Coal Creek Parkway SE, and NE 26th St. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL TABLE CONSENT AGENDA ITEM 5.e. UNTIL 10/1/2007. CARRIED. ' .. .., ......... ,,,. ... , .. Sf tJi I,. -· , • § , .i / j ~ i i j NetL LJaHs r~ ,___ ___ , . i~ © -~ I ,11lf-.--_J 8 _J ,' V • 0 $) X. ---· --;a:i-r. e • 0 ' , 400 ;s·oo" E 600 SHEET 3 OF ·. NT 8-180 AND ON 3-23-5, W.M. SHEET 4 OF 7 , ",r~• , -r-rr·r~ , ,r ,I,_ .. , '1 I I ,-. • I ,_, I I I •• ,•, ' ' ·~ •-' N 88'01'50" W ··· 548.03' ···---·--··•·--··-·1 9 8 7 6 10 11 17 18 28 TRACT B 43 42 .. ,..,, .. ,, .......... , .. 41 3 w\ c,,,c-c-,,.-w ~~,ti ~,r-i I'-0 ~ ···k:·· ..... . (., ~ 1 NE 26TH ST. 323.00' N 88'01' O" W 17 18 z • • 1~i <( i i V) <( (,) a::: 0 I ' LI.J • (/) l.,J :::, z LLJ > <( ..c -(('I -.:t' .- EXHIBIT "B" LANGLEY RIDGE AT MAY CREEK HOLMES 4 S'J'ONEGATE 5 ~ EXISTING 20' ACCE.o..,, .. AO '.!/ , & UTILITY EASEMENT HOLMES PROPERTY ti ' REC. #20020618900002 ~ (REC. #9006111702) (f) lf> w 0 0 <{ <D N Y'. w > w .,.-./ 0:: \ u ~~\ f->-z <( LOT 32 ' w (/):::E I :::E wOf- I (/) z <( i <( ::, wow 0::<.:) \ / 26 (/) <( 0 (/) z- ' W(l'.'(l'. ~ ' u ::) >- ' U>-w 4>% LOT 31 ' <( _J ' ~~<.:> ', ' _z 'i> <( LL<( .,..,, ./ > _J HANSEN SURVEYING i -I ~ Cl'.' f-LL 17420 116lli AVE S.E. ~ D.. 3:0 ;. ' .... RENTON, WA 98058 t (D <( LOT 30 0.o N _J TEL:425-235-8440 ~ ' D.. r 1--: 26' 0:: w D.. DB HANSON BAKE Scheduled for City Council Meeting of Sept 24, 2007 John E. Hanson, Of Counsel John M. Baker (1945-2001) Autl((/J'vCI. lo/JLt/01 September 17, 2007 Mayor Kathy Keolker and Members of the Renton City Council CITY OF RENTON 1055 S. Grady Way, 7th Floor Renton, WA 98057 AfT,)RNEY5 CITY OF RcNTON SEP 1 7 2007 RECEIVED OffY OI.ERK'S OF'FICE Re: Objection to Creation of a Secondary Emergency Access from NE 26th Street to Lots 33 and 34 of the Langley Ridge at May Creek Development Dear Mayor Keolker and Members of the Renton City Council: 1. Introduction. Magnus Andersson Allan B. Bakalian* Joseph C. Calmes Andree R. Chicha Betty L Drumheller Timothy J. Graham John T Ludlow Rachel L. Merrill Phillip B. Navarro Joshua Rosenstein Linda M. Youngs * Also admitted in Oregon I represent the Stonegate Home Owner's Association ("Stonegate"). The 52 home Stonegate subdivision is located immediately east of the Langley Ridge at May Creek development ("Langley Ridge"). Since April 2007, various members of Stonegate have been in contact with City of Renton officials and staff regarding the Langley Development Group's improper use of an easement located entirely on real property owned by Stonegate (herein referred to as the "Stonegate Easement"). In response, the City on April 19, 2007 informed Tom Foster of Langley Development that there was no indication that Langley Development had a right to access across the Stonegate Easement for either emergency or maintenance purposes. Attached as Exhibit 1 is a copy of a portion of the drawing of the overall plan showing the proposed secondary emergency access. Attached as Exhibit 2 is the email message from Kayren Kittrick, dated April 19, 2007. For nearly five months, Langley Development remained silent on this issue until recent! y. On August 30, 2007, Langley Development, without Stonegate's permission, began driving its construction vehicles across the Stonegate Easement. I contacted Langley Development's counsel, Paul Brain, about his client's trespass. Mr. Brain responded with the email message attached hereto as Exhibit 3, dated September 7, 2007, in which he claimed that his client may use the Stonegate Easement as a secondary emergency access because it was dedicated to the public at recordation of the Stonegate Plat. Somehow behind closed doors, Mr. Brain persuaded Renton's City Attorney, Larry Warren, to agree with his conclusion so that final plat may be considered by the City Council. Attached as Exhibit 4 is the chain of emails between Mr. Foster, Neil Watts and Mr. Brain. Hanson Baker-LLJcllow Drumheller PS. 2229 -I 12th Avenue NE. Suite 200 Bellevue.WA 98004 2936 • Tel: 425.454.3374 • Fax: 425.454.0087 • www.hansonbakeccom W:\ WPDOCS\25053\002\B001119--4. DOC Hanson Baker Ludlow Drumheller P.S. Mayor Kathy Keolker and Members of the Renton City Council September 17, 2007 Page -2 Stonegate respectfully asks the City Council to deny final plat approval of Langley Ridge should the proposed final plat show a secondary emergency access for lots 33 and 34 across the Stonegate Easement to NE 26'" Street. Stonegate objects to the proposed secondary emergency access on three grounds. First, the Stonegate Easement was never dedicated to the public as Mr. Brain contends. Second, opening the Stonegate Easement for public use is an unconstitutional taking of private property. Third, the secondary emergency access is inconsistent with the conditions of final plat approval imposed by the Hearing Examiner. 2. Background Facts. In 1990, the prior owner of the land that now makes up the Stonegate Plat, the Leavitt Companies, and the prior owner of the parcels that now make up Mr. Robert Holmes' properties lots 30 -32 of Langley Ridge, Mr. and Mrs. Fisher, created an access easement across the Leavitt property to the Fisher property. See King County Recording No. 900611702, attached hereto as Exhibit 5. A drawing was attached as Exhibit B to the easement agreement, depicting the location and width of the Easement. The described easement started from 148'" Avenue SE, at a width of 48 feet, it proceeded west for 428 feet to the beginning of a curve and turned northwest toward the Fisher property, at a width of 22 feet, and tenninated at the southeast corner of the Fisher property (both portions of the easement are collectively referred to as the "Easement"). The two parties agreed that upon recording of the final Stonegate Plat only a portion of the Easement would be dedicated as a public right of way while the other portion remained a private easement. See Paragraph 7 of the Easement Agreement attached as Exhibit 5. The Stonegate Plat, which was recorded in 1996 under King County Recording No. 9609101361, acknowledged on sheet 1 of 7 under the Notes and Restrictions No. 13 that the 22- foot-wide portion of the Easement remained private.' See Exhibit 6 attached hereto. Note No. 13 reads: TRACT C IS SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES TO THE TWO ABUTTING PROPERTIES TO THE WEST. TRACT C IS OPEN SPACE AND SHALL BE OWNED AND MAINTAINED BY THE STONEGATE HOMEOWNERS ASSOCIATION. 1 Kayren Kittrick stated that the easement was shown on the Stonegate Plat as a 20-foot wide easement because that was King County standards. W:\ WP00CS\25053\002\B001 t 19<4. DOC ( Hanson Baker Ludlow Drumheller PS. Mayor Kathy Keolker and Members of the Renton City Council September 1 7, 2007 Page -3 The 48-foot-wide portion of the Easement, which is depicted as NE 26"' Street on Sheet 4 of 7, was dedicated to the public as provided in the Dedication section on the face of the Plat. As a result, the 22-foot-wide portion the Easement otherwise referred to as the Stonegate Easement remained a private easement for the benefit of the two western abutting properties now owned by Mr. Holmes. 3. The Stonegate Easement Was Not Dedicated to the Public. A Dedication is the deliberate appropriation of land by an owner for public use. See RCW 58.17 .020(3). The elements of a valid declaration are 1) an intentional offer by the owner of real property to appropriate the property; 2) a public use; and 3) acceptance of the offer by the public. See City of Spokane v Catholic Bishop of Spokane, 33 Wn.2d 496, 502-03, 206 P.2d 277 (1949). In determining whether a dedication was made in a plat, the courts look to the intention of the dedicator. Mueller v. City of Seattle, 167 Wash. 67, 8 P.2d 994 (1932). 3a. Intent to dedicate the Stonegate Easement to the public cannot be adduced from the Stonegate Plat or Easement Agreement. It is clear from reading the Stonegate Plat and the 1990 Easement Agreement that Stonegate's predecessors, the developer, did not intend to dedicate the 22-foot-wide Stonegate Easement. Mr. Brain erroneously points to the Dedication section on the face of the Stonegate Plat in support of Langley Development's argument that the Stonegate Easement was dedicated to the public. The Plat reads: The undersigned owners of interest ... hereby dedicate to the use of the public forever all streets and avenues not shown as private hereon and dedicate the use thereof for all public purposes not inconsistent with the use therefore for public highway purposes ... and further dedicate to the use of the public all the easements and tracts shown on this plat for all public purposes as indicated thereon, including but not limited to parks, open space, utilities and drainage unless such easements or tracts are specifically identified in this plat as being dedicated or conveyed to a person or entity other than the public, in which case we do hereby dedicate such streets, easements, or tracts to the person or entity identified for the purposes stated. Mr. Brain, however, appears to be reading the dedication language in a vacuum. Courts construe plats as a whole and every part of the instruments is given effect. Cummins v. King W :\ WPDOCS\25053\002\B0011194. DOC Hanson Baker Ludlow Drumheller P.S. Mayor Kathy Keolker and Members of the Renton City Council September 17, 2007 Page -4 County, 72 Wn.2d 624, 434 P.2d 588 (1967). His reading seems to stop short of the bolded language, language that disfavors his client's position. If the paragraph is read in its entirety, it appears to dedicate all easements to the public as indicated in the plat unless the plat identified the easement as being conveyed to another person other than the public. Note No. 13 identified the Stonegate Easement as having been conveyed to the property owner of the two abutting properties to the west not to the public in general. Mr. Brain's argument is further belied by the fact that had developer intended to dedicate the Stonegate Easement to the public for an emergency access, it would have stated so like it did in Note No. 8. Note No. 8 reads: "Tract G shall provide for pedestrian use and emergency vehicle access. Tract G shall be dedicated to the City of Renton." It is clear that the developer never intended to dedicate the Stonegate Easement to the City, if it did, it would have expressly stated so in the plat. The dedicator's intent can also be gleaned from the language of the Easement Agreement. See Tilzie v. Haye, 8 Wash. 187, 35 P. 583 (1894). As pointed out above in Section 2, the dedicator's intent is clearly expressed in paragraph 7 of the Easement Agreement. Only a portion of the Easement shall be dedicated as a public right of way. Had the developer intended to dedicate the entire Easement, including the Stonegate Easement, it would have left out the words "a portion." If Exhibit B of the Easement Agreement (drawing of Easement) is juxtaposed with sheet 4 of 7 of the Stonegate Plat, it is apparent that the 48-foot-wide portion of the Easement was dedicated to the public as NE 26th Street, while the 22-foot-wide section of the Easement, the Stonegate Easement, remained a private access easement. The intention of a dedicator must be clear, manifest and unequivocal. City of Spokane, 33 Wn.2d at 503. Here, there is no evidence showing that the developer clearly and unmistakably intended to dedicate the Stonegate Easement to the public in the Stonegate Plat. The Stonegate Plat demarcates the Stonegate Easement as an "access easement" for the two abutting properties to the west. There is no indication by words, lines or designation that the Stonegate Easement was dedicated to the public for street, alley, roadway or emergency access. The streets and emergency accesses the developer intended to dedicate to the public are clearly indicated on the Plat. If the developer intended to dedicate the Stonegate Easement to the public, then it would have either identified it as a roadway, like NE 26'" Street, or expressly dedicated it to the City in the Plat's Notes and Restrictions section, like Note No. 8. W:\WPDOCS\25053\002\80011194.DO( Hanson Baker Ludlow Drumheller PS. Mayor Kathy Keolker and Members of the Renton City Council September 17, 2007 Page -5 3b. A dedication for Emergency Access Purposes Serving Only Two Lots Does Not Meet the Second Element of a Valid Dedication. The essence of dedication is that it shall be for the use of the public at large, and not for one person or a limited number of person, or for the exclusive use of restricted group of individuals. Knudsen v. Patton, 26 Wn. App. 134, 141-42, 611 P.2d 1354 (1980). The emergency access would only benefit Lots 33 and 34, not the public at large. 4. Unconstitutional Taking of Private Property. Opening up the Stonegate Easement as a public roadway for secondary emergency vehicle access may be considered an unconstitutional taking of private property. See Article 1, § 16 of the Washington State Constitution. Condemnation here would seem to advance the interests of the existing homeowners of Lots 33 and 34 because they would be alleviated from incurring the expense of improving their access from May Valley Road and across May Creek Bridge. I understand that the City has concerns about the safety of its fire crews crossing over the existing bridge. But that concern existed before Langley Ridge and has always been an issue for the homes on Lots 33 and 34. The expense of improved access to those lots should not be borne by the City of Renton or Stonegate. Siding with Langley Development's public dedication argument may expose the City to an inverse condemnation lawsuit. 5. Opening the Stonegate Easement as public road way for a Secondary Emergency Access is Inconsistent With the Conditions Imposed by the Hearing Examiner. On December 15, 2005 a public hearing was held to consider the preliminary plat submitted by Langley Development. See Exhibit 7 attached hereto. The Hearing Examiner recognized the fire access issue concerning Lots 33 and 34. See Exhibit 7, pg. 9, 1 16. He heard from Darrell Offe and Jim Hanson who proposed the idea of the secondary emergency access to solve the fin, access problem. See Exhibit 7, pg. 7. Notwithstanding Mr. Offe and Mr. Hanson's proposal, the Hearing Examiner concluded that although the load bearing capacity of the bridge was inadequate to safely accommodate fire engines, "the alternative roadway from southeast comer of the site is inappropriate." See id. The Hearing Examiner imposed a condition that I) required Langley Development to provide access to proposed Lots 33 and 34 that meet City Standards and approved by the Fire W:\ WPDOCS\25053\002\6001119-4. DOC Hanson Baker Ludlow Drumheller PS. Mayor Kathy Keolker and Members of the Renton City Council September 17, 2007 Page -6 Department, which may entail widening the access roadway, increasing the load bearing capacity of the bridge or both, and 2) expressly prohibited Langley Development from creating a roadway from NE 26m Street to Lots 33 and 34. The proposed secondary emergency access is a change in the plat different from the presented preliminary plat. This is more than just a housekeeping matter. The proposed change, as depicted in Exhibit 1, is a material change in the plat and should require, at the very least, a second hearing. 6. Conclusion. Stonegate respectfully requests that the City Council deny final plat approval for Langley Ridge should it include a secondary emergency access across the Stonegate Easement. Thank you for your consideration of this letter. Should you have any questions or concerns, please feel free to contact me. Very truly yours, HANSON BAKER LUDLOW ·~~HE~P.S. ~./· PBN:jle Attachments cc: Renton City Attorney Stonegate HOA W:\ WPDOCS\25053\002\B0011194. DOC .. C..,. .•.1 ,· '"t·, ...:)1'.,L, 1 lU.t"v <.J'"T 1 A/NG cOUNTY. ,-,SHINGTON .l r, l u .. !l ;y Mof!',t; ,,,.--\otCOll>TIC>< (1"<1') 8 8 I I ~-. NOTES TOT Al PLAT AREA • POROPSED NUt.lBER Of LOTS • ZONING • DENSITY PERt.ilTTED BY COOE • DENSITY PA~OSED • FROOT YA.RD BUil.DiNG SETBACK • SIDE YARD BUILDING SETEIACK ,. Rt:AA TARO BUILDING SfTBACK • AREA Of LAND JN CRITICAL AREAS • ARE,t, Of LAND IN CRITICAL AREA BUFFERS • ,t,R[A Of LAND IN PUBLICLY DEDIC,t,TED STREETS .. AREA Of LAND IN PRIVAT[ ACCESS EASEt.iENTS • 8 1,4B3,1-M S.F. OR 3,4. 1.0 l I' L 259,959 S.F. OR 5. .302,293 S.F. OR 6. 59,417 S.F. 0A I 20,122 S.F. OR 0. CITY OF RENTON FIRE DEPARTMENT APPROVED 8 PRELIMINARY PLAT OF A c\NGLEY RIDGE AT MAY CREEK FOR HANSEN SURVEYING ~LEY DEVELOPMENT GROUP INC. ' LJ.HD SURVEYORS ~ cnNSULTAlm! 17420 118TH AVE.. ~-E., R&h"'TOH. WA 9805B RENTON, WASHINGTON """ 4-~-235-8+4{' Fil: 425-235-Gzee ~'>'-' ,. ff,,f(j q,: "-' $1(1 4-........ + ... : ~ 1464 , ..,.'2f, I 'll-'•,m•' .,., , ~ 11ltAt LA"I\ <;, .,.... ,,.,,,.. -;;;a,! NO, "''""""' om . • ' Phillip Navarro From: Sent: To: Cc: Subject: Gentlemen: Kayren Kittrick [Kkittrick@ci.renton.wa.us] Thursday, April 19, 2007 11 : 15 AM Gary Stump; Tom Foster PEB@aterwynne.com; Michael Dotson; Thomas Main; Phillip Navarro; Zanella Fontes Re: Stonegate Easement and Langley Development's unauthorizeduse -4/13/07 letter This issue must be dealt with before any further plat recording efforts may be considered. Claims of trespass are very serious, but ultimately a private matter perhaps requiring confirmation by a judge. City of Renton permits do NOT in any way represent permission or authorize trespass on private property. Permits are issued on the good faith and sworn affidavits of ownership and representations of the work whether in existing or future rights-of-way or those easements for access and public utilities. The second condition of the plat imposed by Hearing Examiner on the 15th of December requires construction of city standard access to the existing homes that currently have substandard access across May Creek. An emergency access was not required by condition, but is an option to meet the Fire Department requirements. In addition, access for the maintenance of the drainage facility is required by city code, and so far there is no indication of a right to access for either emergency or maintenance across the Holmes's/Stonegate easement in accordance with the documents provided to this office. If no construction easement has been secured, the truck and any other construction activity not directly related to the Holmes's (formerly Fisher) properties cannot be undertaken u~der cover of the City permit or plans as trespass is neither condoned nor authorized by plan approval or issuing the construction permit for the plat. It is the righ~ of the property owners to prosecute charges of trespass, or seek recour·se in court, and is certainly their prerogative to call the police on any trespass that is occurring. I will not be issuing a stop work order at this time, as the issues are privately held between property owners, including one that is signatory to the Langley plat with a letter authorizing Tom Foster to apply on their behalf. Until all conditions imposed by the Hearing Examiner and City of Renton code are met, the plat will not be recorded. Kayren Kittrick Development Engineering Supervisor Public Works Inspections & Permits 425-430-7299 >>> Michael Dotson 04/19/2007 10:30 AM>>> Tom, FYI -We are receiving notice from Stonegate's attorney regarding trespass claims. Stonegate is demanding a stop work order immediately Mike Michael D. Dotson Engineering -Plan Review email: mdotson@ci.renton.wa.us Office# 425-430-7304 Fax# 425-430-7300 Phillip Navarro From: Sent: To: Paul Brain [pbrain@smithallinglane.com] Friday, September 07, 2007 11 :40 AM Phillip Navarro Subject: Stonegate Page I of I As we have discussed, I do not see any basis on which you can object to the use of the easement over Tract C tor construction activities on the benefitted parcel. If you disagree, file your action and make your motion. With respect to the broader issue of whether the easement area can be used for emergency vehicle access, Tract C and the easement were dedicated to public use at Recorrdation of the Stonegate plat. While the homeowners do retain tee, the dedication subjects Tract C to an easement tor the benefit of the public for any public purpose. The note in the plat relating to ownership of Tract C is actually superfluous because there is abundant case law that a dedication only conveys an easement, not the fee. Your clients efforts to interfere with the plat recordation are tortious interference. The damages could be in the 7 figures. If it continues, we will sue the homeowners individually as well as the association. 0/1 /[/'J/)()7 Phillip Navarro From: Sent: To: Subject: Phillip Navarro Tuesday, September 11, 2007 3:12 PM 'Paul Brain' RE: Langley Ridge @ May Creek I'll respond to your email once I have had a chance to review the letter from the City Attorney. It looks like we will need to litigate this matter. Regards, Phillip Navarro, Esq. HANSON BAKER LUDLOW DRUMHELLER PS Attorneys 2229 -112th Avenue NE, Ste. 200, Bellevue, WA 98004 (425) 454-3374 -tel 1425) 454-0087 -fax pnavarro@hansonbaker.com www.hansonbaker.com -----Original Message----- Frorn: Paul Brain [mailto:pbrain@smithallinglane.com] Sent: Tuesday, September 11, 2007 2 :30 PM To: Phillip Navarro Subject: FW: Langley Ridge@ May Creek So, I guess you have agreed to disagree wit.h the City Attorney as well. If you cause trouble for the plat approval, we will unquestionably sue your client for tortious interference. Your analysis is simply wrong. -----Original Message----- From: Tom Foster [mailto:TFoster@SeattleMortgage.co~] Sent: Tuesday, September 11, 2007 11:42 AM To: Neil Watts Cc: Paul Brain Subject: RE: Langley Ridge@ May Creek Hi Neil, thank you. We have been discussing the issue with Stonegate and made an offer to landscape once the road is paved. We will continue to discuss the issue with them thru our attorney. Torn -----Original Message----- From: Neil Watts [mailto:Nwatts@ci.rencon.wa.us] Sent: Tuesday, September 11, 2007 11:25 AM To: Michael Dotson; Offe Engineers; Torn Foster; Jim Hanson Cc: Kayren Kittrick; Paul Brain Subject: Re: Langley Ridge@ May Creek Torn Our City Attorney has been reviewing the complicated easement situation for secondary access to the proposed plat. He informed me by phone this morning that he has determined that the existing access easements are p~bl~c for purposes of secondary emergency access. He will be putting this determination in wr~ting 1 and we will proceed with placcing the final plat back on the Council agenda for their review and approval. I suspect that the Stonegate HOA and their legal counsel will not be in agreement with this determination, and will be making their objections known to our Council. I am not sure how the Council will respond to this issue. Neil Watts, Director Development Services Division City of Renton 1055 S. Grady Way Renton, WA 98057-3232 (425) 430-7218 = phone (425) 430-7300 = fax nwatts@ci.renton.wa.us >>> "Tom Foster" <TFoster@SeattleMortgage.com> 09/10/2007 3:09 PM>>> Hi NEIL, I understand from Mike Dotson that Langley Ridge was pulled from tonight's Council Agenda for a ruling on the easement. Our attorney twice talked to Larry Warren last week. His feeling was that Mr. Warren considered this a NON ISSUE FOR THE City. Our attorney and Larry Warren seemed to agree on Renton 1 s ability to use the easement. We need a quick resolution. I understood that Larry Warren was issuing a letter to you! What is the status? Thank you. Tom Foster 206-499-8491 2 • • , _J ·J ·' -, 1 •J ) ; ;, <.) (" CJ -~ "- <> ,::, :> -~ ·.:1w:; ~.u:.:n1mrn ltETt:iR:; l'n: .nu: l.L·.1vLtl Comp,1nLL'!i ml I lhth .\VL!nUC SE Sutlic ))U lie\ 1 L'Vllt.', \{,\ '}8001. Page I of l •1'-. ,, l. -CISETAX - Ki~ eo REOUi, -,'\_,.,,", -,""'f'd' i:1 • ..., -~-/'4?/!:_, Oep, . AGR[EMEIH RELIIIQUISHltlG Mm GRMITH{G crnTAIII £AS[M£rlT RIGHTS HIIS AGREEMENT REL!NQUISHrnG AIID GRANTltlG CERTAIN EASE_~IT RIGflTS (the "AGREEHEtn") Is made and entered into this ...JL._ day of 1·,...:::./ 1990 by and between MR. & HRS.ROBERT A. FJSIIER, husb<1ncfa'nd w1fe (" ts?ier·'J; and the LfAVJTT COMPAN1£S, a Washington Corporation ("Leavitt•). A. "Fisher• is the owner of that certain real property situated in King County 1 Washington 1 described as follows •r1sher Propertyw: Parcel I: TIIAT PORTION OF GOVEHtlH[NT LOT 1, SECTlotl 3, TOWNSHIP 13 NORTH, RANGE 5 EAST, W .M., DESCRIBED AS FOLLOWS: COHNENCING AT THE NORTJIWEST CORNER OF SAID SUBDIVISION; THENCE SOUTII 536 FEET; THENCE EAST 548 FEET TO THE POINT Of BEGIIIIIING, THENCE SOUTH 208.708 FEET; TIIHICE WEST 208.700 FEET; TflEIICE llORTII 208.708 FEET; TIIEllCE EAST 208.708 FEET TO TIIE POIIIT OF BEGltllHIIG. ALSO TIIAT PORTION Of SAIO SUBDIVISION DESCRIBED AS FOLLOWS: COl~·IEIICING AT TIIE NORTIIWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 536 FEET TO THE POINT OF BEGINNING; THlNCE EAST 340 FEET; THENCE SOUTH 108 FEET; TIIENCE WEST 340 FEET; TIIEIICE r,onrn 209 FEET TO THE POINT Of BEGINN!IIG, B. ·Leavitt-is the option holder of that certain r~al property located in Kfng County, Washington, described as follows "The Overa.l.1 Propertyh: ;'..; ~1 ~ TIIAT PORTIOII OF GOVERIIM[NT EAST, WllLANETTE MERIDIAN, FOLLOWS: Parcel A; :"' 7: ::' LOT I, S[CTIOII 3, TOWNSIIIP 23 NOR~( AANG'r S IN K IIIG COUNTY, WASHINGTON , OESCBJ BED Ati ~m~~t~lT1 :. rig{ ~~ FTNT 1\0R':!~1 T~ 1 EN~ID%H~i~ ~g~~~~i~~1R~gr;:rlDRTl§IB TIIEIICE NORTH 88 DEGREES 37' 17" WEST ALONG SAID NORTII LINE, 594.68 FEET, MORE OR LESS, TO A POINT WIHCII IS 698 FEET FRON THE NORTHWEST CORNER OF SAID GOVERNMENT LOT; Tll£NCE SOUTll 17 DEGREES 02' 52" WEST 556.69 FEET, HORE OR LESS, TO A POJIIT WIIIClf IS 536 FEET SOUTH DF TIIE IIORTII LINE OF SAID GOVERNMENT LOT ANO 54B HH EAST OF THE WEST LIii[ OF SAID GOVERNMENT LOT; rnrncE SOUTII J O[GR([ 25' 07" \.:E~T r,'\r,,~.tl(L W'Hll SMO !IEST LINE OF GOVERNMENT LOT, 595.79 FEET, HORE OR LESS, TO THE SOUTII LINE OF SAID GOVERNMENT LOT; .. o::u~~ Drnmo l'l r, no, J: ~o' VI m -r n, 'T1- TIIENCE SOUTH BB DEGREES 01' 17" EAST, ALONG SAID SOUTH LINE, 744.61 FEET, MORE OR LESS, TO A POINT 30 FEET FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT ANO WEST MARGIN OF 148TH AVENUE SOUTH EAST; TIIEHCE l!ORTH I DEGREE 25' 22' EAST, ALONG SAID NARGIN, JO.OD FEET; THENCE NORTH 88 OEGREES 01' 27' WEST 425.00 FEET; TIIENCE NORTH I DEGREE 25' 22" EAST 262.33 FEET; • ". '"! ~ 0 a ;") (·) 00 00 D TIIEIICE NORTH 6S DEGREES 00' 00" EAST 113.89 FEET; THENCE SOUTH BB DEGREES 01' 17" EAST 323.009 FEET TO SAID WEST ROAD MARGIN, TO A POINT FROM WHICH TIIE POINT OF BEGINIIING BEARS NORTH I OEGREE 25' 12' EAST; THENCE NORTH l DEGREE 15' 12' EAST, PARALLEL WITH THE EAST LINE Of SAID GOVERNMENT LOT All~ ALONG THE WEST MARGIN OF SAID 146TH AVENUE SOUTHEAST, 73S.55 FEET, MORE OR LESS, TO A POINT Of BEGINNllfG. r /"\I a r- _, 0 ::, 'r, Page 2 of 3 c. The Fisher Property is adjacent to the "Overall Property". U. The fisher Property is benefitted by various easement rights which burden a portion of the MQverall Property•. E. The "Overall Property• Is in tha process of being platted. F. As a result of the intended platting of the ·overall Property• Fisher and Leavitt desire to relocate the access and uttltty easements benefltting the Fisher Proparty wtthin the street areas comprising part of the contemplated plat, thereby necess1tat 1ng the relinqulshaent of all existing easement rights benefitting the Fisher property and the granting of naw easement rights by Leavitt for the benefit of the Ft sher proputy. NOW THEREFORE. in consideration of th• foregofng, together with the other good and nluible consideration, and the benefit received by Fisher, their succl!ssors and nsigns, and the Fisher property through the above described plat, the parttes covenant and agree as follows: ). B11,a,, and Exttnaotshment of Easement Rights. Ff sher, on behalf of Fisher, their heirs, successors and assigns, and as owner of the Fisher property, hereby agrees to forever relinquish and extinguish the rights of <!Uements affecting the "Overa11 Property• conh1ned 1n the foll owing documents recorded 1n the Office of Records and Elections of the County of King, State of Washington under the following rec:ording numbers: 459D943 79D5l7D230 z. Grant of Easements Le.ivftt hereby grants and conveys to Fisher, their heirs, successors and ustgns of Fisher and for the benefit of the Fisher Property, a non exclusive perpetual eilsement across, along, In upon and under that portion of the "Overall Property• described tn Exhibit ·A" attached hereto and visually depitted fn Exhibit •e• 1ttached hereto ind incorporated herein by this reference for the purpose of ingress, egress and the provision of utility servtces for the benefit of the Fisher Property. 3. Plattfnq of Land, In the event Leavitt does not proceed wtth the exercise of his option, it fs acknowledged and agreed upon by both parties tha_t the rights of easeaents affecting the "Overall Property• contained in the documents 1 isled above shall revert and revest to Fisher, their heirs, successors and usfgns of fisher and for the benefit of the fisher Property, and in which event any and all rights interest hereby created in favor of Ff sher, their hefrs, successors ~nd assigns and for the benefit ~f the Fisher property derived under this agreement shall utterly cease and terminate, as ff this agreement had never been made. 4. Leaal OcsctiPtion ln tna event the legal descrfptfon or any exhibits to this agreement are erroneous, fncoMplete or not attached at the time of execution of this Agreement, it ts understood and agreied that tt 1s the intent of Leavitt to grant an easeinent across, under, In, along and over a strip of land 48 feet in width, and 1t ts the intent of Fisher to release and extinguish an easement lccated on across, over, 1n and along the "Over,11 Property'. Such Leg1l descriptions or exhibits ••Y be attached during the life of this agreement. ~·.···--------....-------,.,..,--""""l) C -~,~ ( . •. L . ' {J 0 - Page 3 of 3 5. Runs With The Land. 6. 7. a. 9. 10. The easements and rights granted hereunder shall run with the land and shall bind and be obligatory upon the parties hereto and their respective heirs, successors and assigns. Counterparts. This Agreement may be executed in counterparts. Recordi:np;. At the final plat recording for the "Overall Property", it is acknowledged and agreed upon by both parties that a portion of the above described easement shall be dcdicatated os public right of woy, and shall be maint&ined by_ King County, Fence, Leavitt Companies agree to construct a soi.J..q;:Ja:u>d or chain link fence between the "Fisher Property" and the "Overall Property", vith a gate for ingress and egress to the "Fisher Property". SfErl r4..,;/C£N,t;!.,.,Tr.d 13"-fF// ~toney. ~or and in consideration of the signing of this agreement, Leavitt Companies agree to pay Hr and Mrs Fisher the sum of $2,000 within 24 hours of ~aid signing. Entire Agreement. This document contains the entire agreement between the pa~ties. There are no verbal or other acreementa which modify this agreement. Any modification of t~is Agreement must be signed by the party against who C!nforcement of the modif1catio11 is sought. IN WITNESS WHEREOF, the porties have executed this Agreement as of the day and year first above written, FISHER: MR, & MkS, ROBERT A. FISHER, HUSBAND AND WIFE, BY,~ MR. OBT~ , HINGTON CORPORATION. 0 ) ' ·.1 ! ,,, (J Page 3 of 3 s. Runs With The Land, The easemer.ts and rights granted hereunder shall run with the land and shall btnd and be obligatory upon the parties hereto and the1r respective heirs, successors and assigns. 6. Counterparts. This Agreement may be executed in counterparts. 7. Recordtno At the ffnal plat recording for the Rove~all Property-, It ls acknowledg&d and agreed upon by both part les that a port tan of the above described easement shall be dedicated as public right of w.ay, and shali be ,utnta.lned by Kfng County. B. Entire Aareement. This document contains the entire agreement between the parties. There are no verbal or other agreements which modify this agreement. Any modification of this Agreement must be signed by the party against who enforcelffnt of the modfffcatfon is sought. IN WITNESS WHEREOF, the parties have a)lecuted this Agreement as of the day and year first above written. f.ill!£1\: MR. & HRS. ROBERT A. FISHER, HUSBAND ANO WIFE. BY:'11~~ BY: -1Hf'%fsi't'16~;;w/ S. BE~-r S , ll&ill: LEAVJT" C BY: Ll ,· , A }l'ASHIN ifON CORPORATION. _.-. j ~-~ I •......• • l.U'v l TT I ·n . .oIOEm - .......... -- ITATE OF WASHINGTON County of King "· 0 I certify that l know or have satisfactory 2v1oence that the person appearing before me and making this acknowledgement is the person whore true signature appears on this document. On thh. t8+<-day of ~~ , 1990, before me personally appeared Hr. Donald H. Leavitt, to me~riwto be the president of The Leavitt Companies, the ~orporation that executed the within and foregoing instrument, and acknowledged the sa1d instrunent to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on an oath stated that he was authorized to execute said instrument, and that the seal affixed, if any, Is the corporate seal of said corporation • STATE OF WASHINGTON County of King ss. State of Waishingto • res1d1ng at A My commiHiO exp resJ1142J ~ I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgement are the individuals whose true signatures appear on this document. On this /~ day of fit~ , 1990, before me personally appeared Mr. & Mrs~rt A. Fisher, ~known to be the individuals that executed the within and foregoing instrument, and acknowledged the said imtrument to be their free and voluntary act and deed, for the uses and purposes therein mentioned. and seJl affixed the day and year first above written NoTu..;ulicftand far the State of Washtngton, restd1ng at _@fa-~ My commlsoneipires/tt;zJ ;'Jt?,liJ?o ; ' i I ' j 1. l ., j .i ' { I ~ --- N 0 r-- o· 0 EXHIBIT "A' A strtp of land 48 feet 1n width the centerline of which being IHrt parttcular1y des,rtbed as follows: BEGINNING AT A POINT ON THE WEST MARGIN OF 148TH AVENUE S.E., SAID POINT BEING SOUTH 01 25' 11' WEST 711.SS FEET AND 30 FEET WEST OF THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, N.M., KING COUNTY, WASHINGTON. THENCE NORTH 88 01' 27" WEST 428 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAYING A RADIUS OF 273 FEET; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 4Z 30' 00' A DISTANCE Of 202.50 FEET; THENCE ON A RADIAL BEARIIIG OF NORTH 40 31' 27' WEST A DISTANCE Of 24 FEET TO THE TER111NUS OF THIS LINE DESCRIPTION AND THE BEGINNING OF A STRIP Of LANO 22 FEET IN WIDTH THE CENTERLiNE Of WHICH RUNS NORTil~ESTERLV TO A POINT Of WHICH BEARS NORTII 01 25' 07" EAST II FEET, AS MEASURED AT RIGHT ANGLES TO SAID CENTERLINE, FROM A POINT WHICH LIES 744.71 FEET SOUTH ANO 548 FEET WEST OF THE NORTHWEST CORHER OF GOVERNMENT LOT I, SAID SECTION, TOWNSHIP ANO RANGE ANO THE TERNINUS Of THIS LINE DESCRIPTION. " i .. i \ u -------;---------- 148:!Jj A,;e;, 'SE ----- (> ----1// -------- .. , I ,Ji,~·· _i;/ ... 11·1 / . ( ,,. '(. ''. \ \ \ \ \ \ \ . \ ' \ . \ I \ ' . . I I \. ' i I+ . . , I .r I .;..•s' i rr·~· I i i ' I I i ! I ! 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LEGEND + 0 E~rSING SECTION CORNE.A ~ONUMOl l CONC~IE \IOl'MIIENT WIT\1 EIIU,SS ~IJ' it. C,r,S£ 10 B£ srT N G.P.,r,. N.11'1( GIIO'KIH _..: PROTECTION ,r,R("'c:·· IIORTOfrl l>ENN11 & AIIOCl,\TU, INC. lIDm) COMIIA.1'118 Bl11Nfffll J20 S.Cor,,:1 .,,.., South K~i<Jond, Wit 911033-6611? ------"''c"~) e22-2525 King County STONEGATE 17 64 LUA-96-043-FP LND-10-0304 GOV'T LOT CITY OF S.E. 1 / 4, N.E. 1 / 4, SEC.3, OF KING, STATE 1 AND THE RENTON, COUNTY TWP.23N., RGE.5E., OF WASHINGTON W.M. _SCltl.E · 1~-_,;;: 59" ,·· ~ '"' SC~( IN J'EET ··wtii10,.1.N 1fr.1t S ,; I • 200 ... ~ ,;''/ > :'.,/ .. > I ·1·' '.,< N 88"J7'27" W 594.77' ·::Jf .--·." .,· ,._.. . · .. • . . .;,i'" ' ~ .. ·~·· ·.•·· .• c,V' ... TRACT :i..,,.-----·.:,;,orrs ~ ' ·"-. _ . srn.srn>JE ,.it, .......... _,. __ sm:n 1 I _..,--......_ ,• · =n•·"' ---,· -~ . . .... . . . "" "" ' "" " I' ,; w , .. Y' ~-.,~-. ·· .. ····.. . ";,..~k ',, · .. , . . .... ........ ',, '· .. > ""'-...::. ··•••• ro ,,.. 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EASEMENT "" I_,·. · OPUl 9'>•CE .1;;""T ..,_:· ..._ 'o ol · lll.,eis ~ ~., • 1,.. .r ~I NO}E 1B f"., I;; ~ ~I s~liEt!T1 ~iii a j ' .. _ . i ' I :;i ~ " z ,, . ·1~ ;~ "6 .. '" ·' L,.J c,i L,.J => z L,.J ·.~ .c: 1·. ~ .. r ,,. .... N/ ..;i File No. S90P0068 SEE SHEET 4 I ' ' SHEET 3 ·'Of 7>1~ .. -~' .. · -1 "1~€ ~i PORTIQN GOV'T LOT CITY OF STONEGATE THE S.E.1 / 4, COUNTY OF 1 AND RENTON, N.E.1 / 4, SEC.3, KING, STATE OF TWP.23N., RGE.5E., WASHINGTON 177 65 LUA-H-04-l-FP UCl-10-0304 34 " W.M. ~ so "- ,:;~Au : ,. -.$0· "" SCAL!c;:lN-f..:Et.·· lolER10\At1, __ I<' c_.i,:s. 100 ,00 _:'4iu~i~ llll.o.!Ntl,11£ "!11.&.CT ·: 5U·,ro. ,z . SEE ;'>HEET 3 ...... --......... ___ ~-o~'38"E 115.~' (",r;,s,i., Po~ G %• sti~~l> _/j!IJ:4.5·orw .... "" ~ I ; " LEGEND ;, ~ ,-:,'I-"'-·· ~·~4 "%~~- """ ' T :',ft 1101!: ' .• ~ .. ~ ... Q: • SWEET! .• C.O.SO,O,T J ,, ----~~\ I ,.,m· · . f;,') ~'·u·. iao.oo· ~ow 200.00· ......... I .t::t,;;/:;o.~ ~-. 1 ,oo.oo· ~ r Y1 ofc· i1B.6i' SEE NOTI ~ 15,000. °" ~:, -~ ~,-:' SU: 1101'[ ~ S1<HT1 1~.000. oq II ~ .. I -. -- : )Me_T H h,ij Ol'D;SF';.~cr ;! 8/i ~§ SH NOT[ 1$ -...._ ~ a ,. . + C EXl5ltlG SECTION CORNER t.lONUl,IENT CONCRElE MONUMENT 'l!ITI-1 EIRASS CW' • 5ll 1101[ S -" 5 \~Ill. oq. fl ,e._~,~---·· --~} _._ 1: . if.f __ .!i:,.. L.~ - t. -10·2e·~i•. l -50.ll' . to.17" 50.00'':· ~;. . ,·~ ... ,. ~--,,J~ 'I 1'" ,( )1,111!! .... rt.'- ~~I _glij ~, t. , I ,, ~~/" r -'ll!:M"W ~ ~ I J1.w ~.f-,,,..3;_"'-,~ "I / ·\ ~~.(.J 81;1 I ~ IN CASE TO OE SU (uuJ H0\!S£ ,.OORES5 8.S.BL BUIUW-IG 50-fl,.CI( IIME ., Go>. 10. n oJE GflOWTH PR0TfC'lOH A~f.>. 100.a"ci· ' C 20· ~CBS IC- E.\SHmn ~J:( . -~· ---------NE 26TH' ·sr,t/ -cs'----,-,.;!;· .. ·:: "'I \/.,.~.·,.;-., .G•v ,, .. / ';"U1B' ~l.45" I ~I .!·;.-: ,,. ', ,<i <;; . .,"!_,.'-/ .j,, V) I"' L'; I i:, {' ' ~~"'.,~" .~-'~c/ ""~,· "'"' ~of/ ,.. , I '"I (;&,If~.;.' ,', ,.;%'"' 'v,.",,,,-,--:, / J_,.~l ,;~ '~ ,~~~ •'" 1 1 lli ;" 1,er4,.. r-~ ,,,. t>{cf' r:,; o'~.;,,:"" f/ "' \cJi<;JJ C C, f ",,~,, ', ''1 ,,.,, I/ <' ~' J ~" _. • I}" ,( "'-.. TRACTD ·"' /.; I" ( vv' .:>, """'N•Gf m«• /::;,-, /.:__:-.... In ,,:,; 1•0J7 tG-II _,.";" / -~c,o.~..,., J 2. SUIHOTE 1, <.,/? ',c,i,. ' . • • .~ .. S ~-·. H<L">' w.•.r>:R UMI' . ~l" 1 a . '../"-ta 5q:.wan 14 !:,.~·· .'re; . Of OiTC>I (TTPJ I I l ~ s ~:i~t-="'!u HOl'S!fln --15.oo·· -:-.~·;oo_Oa':-. ·-:; " M88'01'50"1'1 ·4-!i'{~: • 'ia:5 cc· · /~.8/l '"k-Cl " ~~-.c4--- " .N sB·m:~-~-wl lJF'T STA 110~/ " ~AHi.ARY Sc"IIER H~~r,ocHT TO CITY OF RENTON : '" I I ·1 ..... I I '. -~u' · .'t, ... 'I .;, • / NOTE. I I I • • / (~.G.r A) 8VF'ft:R I I Jopo· ._ .:.= t ·: _I-I is 2!1" ..,..,r,our,o : JN~·w09•".j,.·. i ;f /:·:: \' l' I FJlOII OITCI< .. I I /!? /t/ -·\.. \ ,~ , . --< . il I I I"-I . ·. .\ ~ I ,---, ; ~o · I ·-• N c/: .' 51 I ·' ·. I , I ~ ~l!i~ I I~.-. os ._,,· i..; (·/j.81.'01'42._. n~. . ,_, ,:,v'f? ~;~ I i...,. ~) · ~ .0 . ...._ 4·53· -, ~..., ., _." .: .. ,1· l!l;,;;i:: I Zr; ljiu~··· ·-·i;i:~ · ..,;s:" I 1 I., .-;I . "111:ACT F_ N N .... 15 l-I :. "' • ,~., SE'HSJn>!:,. ,,,.in .~iJi I :J :$/;.,I.../ NBft"O!"';l)"W I I ~-~ACT,·~·' i:'lfc'~ I I I 1-(/) ~1 LJ" "°"'1"). ""~~-~==•<'' ~ ~---- I ~, j ;! -.. ::;ill!°=' I ;;; :. ..,> 150.00' I ,857""" -o . . .-: _._ ,:;: I Ir::'~"< I ) : :l.'7_ .. ··.-•z 01s·./,o·~,m,, .... ~E/<SDIENTS, 1 IIORTON DENNIS l Al!IOCIATe8, IMC. I z Z: 50 Ei' .~, I "' ~1 ~ / OW.:£11flllTH--:,ccouM.... I [H!m) CONeuLTIMQ VIGIMUAI J20 Seco~d Ao1e S<,ull't Kri<!01'd, W.'i 98033-6667 (206) B22-2525 I Ori u1s.,o1, .,r :::;I ~.'l .,.."',' . . c· . I )-~ ~1 ~ ~/ ,>_. / [)l JO" ~ENT ·. _-.· • _. _ . I ....J , • I.,,-.. / f'OR""(;ltr.;S.EQIES •L'T1U11E5', ·., : , I />."' 01·3444 15 I~ o L(~ MC H0.'15,7.04811., 7f10J~ I ([."." •.• ..... Es.>.l I _1_ _ _ _l_~_7~l"J'__l ____ -:j_ z / I / · .· .. . -·· ~~:;c~-UH~,DO I 't . ' ,---;; 1 ·-1-----N8triJ'· •. -I RtC.N4,'e<l7D!I0'574 N 88-0 1 50" W 540 OJ' I --l~"J4·40• / 0 --_ l~O-·W ·.. -'· ;. r~o T ::.-1_ --. _ 1-,0_21 . w---r1·. ---~-,-± ---Q ___ _j_,.c~s9"i.k,.-~~0TE11SHU"T, -·:4is.oo'·._ ~1 .... --· l !5BOJ-----........_ 1t• --------T-----_ _ __ 7402 g ltl<t.oq.11: ---,---------------.:(.L ''""""-·~' ., •. a.~·~--' / " r-r:r-moo· lJSOIENT , 10:, '!1J l'.S.I'. II L CO v./ <,". /,f<t,~ "' M 88"01 50 W 499 02' Sf.E ~OIE ~ SHt(1 , /".._ 1m; WO. 1907050t05 ._,."') ,,_,. ~ ::: · 6 ,:::,"'.-,j •n \~ .. ,~'}" ,:,"-',:'I-,> tx_1~EA!Ol[IH__J 'C) -.., '"° ,,/ ~ + , .t F(f'I .. ~/[CR£S~ I"' , /. .-_,. · ,} ';t-~EC-NO &o.}4212 'v <::,~ / • + Ell J,; U.SOIEl<l '• '~-•, I ~~~~~ I :. I King County ,#o/ ~-:n;_ :..;)Q~uo, ' TR;~~ H CUC~ ~fios File No. S90P0068 SEE SHEET 5 IB';,'' gJ_J;::::: TiiACf C C2B 214.00' g;~~ ~~-··;~-~r i 011'24 :!.a ~ SHEET 4 I: of 7 jal '11 '5~-~s.- PO~TIQN sc,o,~:-·. 1 • -so·-: " GOY'T LOT CITY OF '"' .-i!OO STONEGATE AND THE S.E. 1 / 4, N.E.1 / 4, SEC.3, COUNTY OF KING, STATE 1 RENTON, TWP.23N., RGE.5E., OF WASHINGTON .=SCALE IN.·."ITET . "m""' i,,, ·. < SEE ·SHEET ---~. . :; -~_/° N ~;~~-i~~-,~ ·,' ·i.· 4 • • • ·-12.18' .. cu,,, iio,Jio: .. ,; • !i,971 .... .._ @ID 5 ·.:e l:i ·~· ·1 ! a· ,s.u,.· ~ ~ ~L :.46 nJ~ · , .. ,::·· f --1'i11."ro· -"i;"-...J:/.3, . ~--r+ l >.>;; ·,:110.00· j ~· Pfflv"'n: t>fttll<IWE • -;_; ~-19Mfl1 J>), -'r..,.!!> ·g·. 21.86.!, "4 it:--. ,, v, ~10' \,// y>< i '.~ .--~ :. •' r',. "" ~-? <I., ·:;;_ ;!>-~U:).J~ ~s 7,. ' ,;:/!, \7,l.~_,· .... 11.:.,.-, . C,"' @D._-f~ •. GE[) ' LEGEND 0 CONcR!ETE MONUMEN~ 'llffit 8fl:,1,S$ CN' 111 c ... SE TO BE SET I! " .,,---...:;: !>, ¥• '2,« '' '" <" 1l 14,H7.1<1-ft 177 66 W.M. LUA-11-0.43-FP LND-1 ........ !l. 15' ~OADWAT EA5DEITS TO Ill: MIANOONED ~Ell 00CUMDJ1 ON flLC wr,H ICING COOf,ITY " tll.JO$ .... 11. ~ ;, ~ (@) t1!1JSE A;mRts-, - &.S9L BtXI.OINC SET-9-"CK UNE '' .. 1"· , .... ,ti" .., r"<;"" ~01·HS1E 11 ~"a."'1-i,;:, ·--.. ~ Glf~I el-"'· •• . _-c-' -if,~ . ., IJ&.r.r N.G.".A. NAn.t: QROWTH PROTECTION AREA \s~,2~: ,t ..aa"l:i'ot ..... :q_~J 7.':.<:c• ~ 1,11!,1'11'oO [ I• :-:----L '" ,. --:s~~=1- ' ' li.lt7 . ..,_ rt_ lff,l,1EJII ESIIT '!!IDHl°''°" ""~!,~::,O,!':!,~u· : l2C Sec0!1d ,..,. Souih l(ndo~d, IIIA !1803J-66!7 (206) 822-2S25 King County FIie No. S9DPD068 I ' Clle,) u~,J' J'..,, .. '<'b~"i,. 8 ,~-~ " ' ._ -', : ·' ,c •• :>, .,. 0 ' ; 17 ', 5 ' ' < Tilf --fWR _, ___ ,_, ~ --,,--r, ~ .. " \ODius B:iij'" ~ 15 11!,-. oq. 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"-.·-? ·.· .. _. ~- .i.l..'' ti .. ~~!" · ... ·:·.···: ... . ·.·oo:;· ' @:~ ' .. ,, 0. ;o. -I 0 :z . c,· 0 o.< g =i -:'.i ~ ;o ~ ,,, z~ -I z 0 CJ z -I () :i: 0 ,,, C Ul z· -I ,,, ~:... o"-..., ~ :,,; z z ;.., " . . ~ ' U) -!>--I • ~ U) ,,, ,,, () o· ..., ~ !~ U) ,, :i: • _N z l>I " z -I : 0 z ;o " !"" (JI !"" CJ) -I 0 z m G> )> -I m Minutes APPLICANT: OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: OFFICE OF THE HEARING EXAMINER CITY OF RENTON Langley Development C. Thomas foster 1560 I 40'h Avenue NE, #100 Bellevue, WA 98005 Clifford & Diana Broussard 14111 SE May Valley Road Renton, WA 98055 John P. Andrews 22425 Bear Creek Road Bend, OR 97701 Fred & Suzzane Makowski POBox22l5 Belfair, WA 98528 Einer & Marilyn Handeland 3018 llwaco Avenue NE Renton, WA 98056 / December 15, 2005 Robert & Shirley B layden PO Box 3029 Renton, WA 98056 Robert & Tamara Holmes 5416 NE 26'h Street Renton, WA 98056 Dan & Cheryl Stabber! 9400 Hilltop Road Bellevue, WA 98004 Langley Ridge at May Creek Preliminary Plat File No.: LUA 05-083, ECF, PP South of SE May Valley Road between Coal Creek Pkwy and NE 26'h Street. North of NE 24'h Street. Approval for a 34-lot subdivision of a 34-acre site intended for the development of single-family residences. Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on November 22, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the November 29, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, November 29, 2005, at approximately 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. r,"'\)ff_ i;_,_1,u-illlllf J_ Y{.'1:,H~~d g l,:;;;.,;,-,,J,J;,;,l;. Langley Ridge at May Creek I File No.: LUA-05-083, ECF, P. December 15, 2005 Page 2 1inary Plat The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation oertinent to this request. Exhibit No. 3: Overall P Ian Exhibit No. 5: Conceptual Grading Plan Exhibit No. 7: Vegetation Retention Plan Exhibit No. 9: King County Aerial Map with City of Renton zoning overlay Exhibit No. 11: Ordinance 5132 Exhibit No. 2: Neighborhood Detail Map Exhibit No. 4: Preliminarv Plat Plan Exhibit No. 6: Conceptual Drainage and Utility Plan Exhibit No. 8: Zoning Map Exhibit No. 10: ERC Mitigation Measures Exhibit No. 12: Sunolemental Drainage Report The hearing opened with a presentation of the staff report by Nancy Wei I, Senior Planner, Development Services, City of Renton, I 055 S Grady Way, Renton, Washington 98055 this site is located in a new overlay district that was implemented into the City called the Urban Separator Overlay. The site does contain wetlands, steep slopes and May Creek runs through a portion of the northern section of this site. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated, which included 12 mitigation measures. There were no appeals. The site is in the Residential-Low Density designation of the Comprehensive Plan and the proposal is in compliance with the objectives and elements of design for land use, housing, environmental and community design. The site is in the R-1 zoning designation. As part of the Urban Separator Overlay, cluster development is permitted. The Urban Separator is designed to establish a contiguous open space corridor, protect clinical areas and serve as a separation between neighboring jurisdictions. It requires a minimum of 50% of the gross land area of the development to be dedicated as non-revocable open space tracts. This requirement has b~en satisfied. Typically the density calculation is based off the net acreage, with the Overlay the calculations is made from gross acres. The density for this site is I unit per acre. There is no ability to further divide any of the site based on the density that is proposed. The cluster (new) lots to be developed are to the south of the site. There are two access points proposed off of existing stub points, Field Avenue and Ilwaco Avenue that will be extended to connect to a proposed new internal street (Road A). There is an existing single-family structure located in this area and a second structure that will be converted to a single-family structure, each on individual lots as part of this development. The area to the center is the open space designated area, May Creek is in the north part of the area, the rest of the property drops to the north and is accessed off of May Valley Road. There are two structures included in this section that would remain and have access from the current access easements. Langley Ridge at May Creek File No.: LUA-05-083, ECF, P, December 15, 2005 Page 3 inary Plat The third section of the development will gain access from NE 26'h Street by a current existing easement. These lots were annexed into the City of Renton and building permits pulled in King County for the development of two existing houses 011 Lots 30 and 32. Lot 31 is the only vacant lot to be developed and will require a building permit from the City of Renton. Lots 14, 30, 31, 32 and 33 need to show their net acreage once the deduction of easements has taken place. All of these lots exceed the minimum requirement for this zoning, there should not be any difficulty maintaining the reg u ired square footage. Verification of parking and building standards will be necessary at the time of building permit review. The Urban Separator requires forest/vegetation clearing to be limited to a maximum ofJ5% of the gross acreage of the site and also requires that 50% of the gross land be dedicated to open space. The applicant is containing more that 55% within the four open space tracts proposed for this site. The storm detention facility will be located in Tract C and designed to meet the criteria for the Urban Separator. A planting and re-vegetation plan has been submitted. Additionally, a recreational trail will be provided by an easement and the applicant proposes an easement that will allow for the future construction of a 15-foot wide trail to cross Tract A, B and C and will eventually continue up to Tract D. That will be a City trail and no construction date has been determined. The Examiner stated that the City Attorney may have to be involved to make sure that legal title and descriptions are appropriate. Ms. Weil continued stating that all lots comply with size, shape and orientation requirements of the subdivision regulations. Public streets would be dedicated and constructed to City standards. Access from NE 261h Street is through an existing 20'easement, this easement will be expanded to a 26' easement, three hammerhead turnarounds are proposed to provide turning radius and to access the three lots. A second point of access is the proposed internal public street to be constructed and modified to a 42' width and connected to Field and Ilwaco ending in a hammerhead at the end of the street and a private easement that extends to Lots 14, 15, and 16. There is access through the. Summer Wind development. To ensure the private access easements are accessible, the applicant will be required to install "Private Road" signs indicating the address on those private access roads and to have "No Parking" along the easement. This will ensure emergency vehicle access. Fire, Transportation and Park Mitigation Fees have been imposed for this plat. A geotechnical report was provided as well as a water, stream and habitat assessment. This site has two Category 2 Wetland areas and the May Creek. There are some areas of steep slope indicated. All of these critical areas and their buffers are included within the proposed open space tracts. There is a small portion of the buffer area that seems to extend to the rear of two lots (Lots 23 and 25), both of these lots are long lots and should not impact into their building area. Due to the depth of the lot, staff did not feel that the lots should be made smaller in order for the buffer area to not be a part of those two lots. It should however, be noted that those two lots are part of a Native Protection Area. A portion of May Creek runs along the northern area of proposed Lots 33 and 34, the existing building on Lot 34 is within the buffer area for May Creek. Since it is an existing condition, the applicant will pro·1ide Tract D to protect May Creek and its stream buffer area. The section of May Creek that is located in Tract A wi II not be impacted by any of this development. Langley Ridge at May Creek ninary Plat File No.: LUA-05-083, ECF, r~ December I 5, 2005 Page 4 Prior to approval, a Native Growth Protection Area will be established containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance with City code. The applicant proposes to clear no more than 35% of each lot. Because of some of the vegetation coverage on Lots I -11 it has been indicated that they may be clearing more than the 35% in order to do the infrastructure and improvements and have a buildable pad for the proposed structure. Re-vegetation of these sites is proposed by the applicant. All future property owners will be required to maintain the vegetation and landscaping. Staff expects the proposed lots to be compatible with other existing and newly created lots in this area. The Storm Water Detention facility will be located on Tract C next to Lot 30. A drainage report was provided and the site wi II be developed per the 2005 King County Surface Water Design Manual (Level 2). The major portion of the site is within the City of Renton water service area, the easternmost parcel is in Water District 90 service area. The northernmost parcels are within the Coal Creek Water and Sewer service area. The site is split three ways for water and 2 ways for sewer. There are concerns about decommissioned wells on the site, the applicant will be required to provide documentation that those have been properly decommissioned. A recreational trail easement will be provided by the applicant and constructed by the City at some point in the future. The applicant is requesting a modification for this contiguous open space Urban Separator area. The code requires a percentage of actual width, minimum open space to be connected to another contiguous open space parcel by a SO-foot corridor, the applicant is asking for a modification. The subject site is divided between the Renton School District and the Issaquah School District. Lots 30, 31 and 32 fall within the Issaquah School District, which has indicated that they can accommodate the additional students and subject to the applicant paying the appropriate Issaquah School District Impact Fee. Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, WA 98274 stated that the applicant is in concurrence with the staff report. The applicant will be providing the 50-foot width of connection, the only thing they are asking for is a slight modification along the north property lines of the newly developed lots. The gray shaded area on Exhibit 11 representing the open space corridor is pretty much a straight line across those parcels and they would like for the open space to follow the ridge line so the back of the developed parcels and the native growth protection easement and the open space would follow the ridge line rather than be squared off. The other slight modification is in the south-central area where two existing homes are, there is a slope there and th1:y would like to follow the slope line rather than the line indicated. The open space corridor did cover a part of the property where King County has already issued a building permit for a new house (Lot 30) there is a new house being built there, and so they did not count that as part of the open space, even though they are providing more than the 50%. They are providing a connection to the neighboring property, which allows the corridor to come up and connect to the open space tracts to the north. (Tract D). They are also providing more than 50-feet to the southeasterly line in order to connect the open space tract to the undeveloped tract to the east. There is only one lot that is close to the minimum lot size when you deduct the easement and that is Lot 14. They will move that easement slightly to the north by approximately l 0-feet to meet that minimum lot size. There is plenty of room on Lot 16 to take care of that. Langley Ridge at May Creek ,1inary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 6 The easement that provides access to the proposed lots is sufficient to accommodate with the hammerheads. The Examiner stated that if there is a private easement, then it might have restrictions on it. As this easement comes off of 26'h, it is not clear what the restrictions, if any, are on the number of homes. Private restrictions on the easement would be enforceable. Ms. Rogers stated that it then is a private matter between Stonegate and the development. Lee Bailey, 18833 96'h Avenue NW, Stanwood, WA 98292 stated that he would like some clarification on water easements. There is a holding pond in the northeast corner of Summer Wind, and the storm drain that is in NE 24 111 in Newcastle Terrace drains to the north to May Creek. He had a conversation with the developer of Newcastle Terrace years ago, who stated that he had received an easement for the storm water to go north to May Creek, there were no holding ponds in the J 960's. Are there impacts on that stormwater due to Lots 30 and maybe Lot 14 where the watercourse goes to the north? He believes that Summer Wind also uses the same holding pond. Stan Engler, Fire Marshal, City of Renton had a concern on Lots 33 and 34 as to fire access. These are existing homes and the land around them is being calculated for density in other areas of the site. The access off of May Valley Road is very difficult for fire access and he has concerns as to their ability to serve those two homes that have been annexed to the City and the bridge across May Creek is not passable by the fire vehicles. The access off of May Valley Road is very difficult for the Fire Department to use at this time. There is a right-of-way that goes due north to May Valley Road that could be utilized. Mr. Noland stated that Mr. Bailey's concern on the water issue, the outflow from NE 24'h Street is connected to the retention pond in Stonegate. That happened when Stonegate was developed because of the concern of open outflow of storm water heading north and east from Newcastle Terrace. Kayren Kittrick, Development Services stated that she was the· project manager when Stonegate was developed. It was a plat that came in with King County and then was built under City of Renton after annexation. There is a 25-foot access easement off of NE 26'h, it was part of the plat and part of the plat conditions. It is 20-feet wide because that was the County standards, City of Renton has standards and that is why it widens to 26-feet beyond the 20-foot easement that was created with the plat. The four Jots are the maximum that that easement will serve. (.~ ...., t vt. tv-"',,(_ ~~ _ 1 .__ .-.l .. :;.._-'> <::, 't"" .... 4 ...........,le-«~ ~v~,, Regarding NE 24'h being resurfaced, she will forward that information to the transportation division, they will evaluate and priorities get set according to the condition. It is very common that when new roads go in, the City tends to bump ones in the area up the priority I ist. SE I 00 1h where it comes onto Duvall, left turns off of Duvall. The new Duvall improvements are being constructed next year, and as part of that there are a Jot of safety improvements that are being looked at. She was not sure exactly what was looked at for that location, but it is under the City of Renton up to the bridge. Fire access is an issue and no one has been discussing it. The fact that under the City of Renton Fire Code the house on Lot 34 would be required to be sprinklered. There is serious concern from Fire about serving these lots due to the small bridge across May Creek. Some certifications would do a lot to alleviate their concern about crossing it. They find it difficult to serve both Lots 33 and 34. Pavement should be required at a 20-foot minimum. There is a JO-foot easement noted in the report that crosses the western property line up to May Valley Road. It would also go through that particular area that they are trying to not access. These two lots are part of this plat and therefore have to meet Code provisions. The existing building (shop) was reviewed for the Traffic Mitigation Fee, per the square footage the shop generates more than a single-family home, so it was easily credited as a single-family home. It will have to go through a building permit process, energy code review. and a tire code review. Langley Ridge at May Creek File No.: LUA-05-083, ECF, P, December 15, 2005 :nary Plat Page 5 SE I oo•h Place is the public right of way at the southwest corner to Duvall. The maps are poor, the City has indicated that it is in fact a public right of way extending from the plat out to Duvall. There is a small portion of right of way that they will be dedicating at the very southwest corner of this proposed plat to fulfill that right of way width. They may be clearing more than 35% of the vegetation on some of the lots, but the re-vegetation will be more than 71 %. They are trying to save as much of the native vegetation as possible. A portion of Tract A will be cleaned up and re-vegetated, that will be the portion north of May Creek. None of the wetlands or steep slopes will be impacted by the plat. There will be no construction in those areas. Darrell Offe, Offe Engineers, 13932 SE I 59'" Place, Renton, WA 98058 stated that with regard to lot area the net areas of the following lots have been recalculated based on the subtraction of the access easements per the City code: Lot 14 -I 0, 720 square feet Lot I 6 -I 9,704 square feet Lot 30 -20,263 square feet Lot JI -15,530 square feet Lot 32 -25,705 square feet Lot JJ -94,665 square feet Subsequent to the ERC conditions they have met with staff regarding the 2005 Manual trying to detennine what it means and how to interpret it. Staff requested a Supplemental Report to evaluate the infiltration facility that is on the project. The report was dated November 3, 2005, if it is not in the record, he would like to have it entered. Basically a sinkhole was found where they would be allowed to dump as much water as possible and it would never be found. The conceptual pond is twice as big as it needs to be and it will be finalized at time of the engineering pl.an. Dennis Noland, 5226 NE 24'h Street, Renton, WA 98059 stated that he lives at the far eastern end of the existing subdivision Newcastle Terrace. He does support the City and the property owners and this develoµment plan. The impact of traffic is of concern, where it meets with Duvall off of SE I 00'", the main concern is the southbound traffic. Coal Creek Parkway heading south crosses the May Creek Bridge and goes up a steep incline and then makes a hard bend to the right and becomes Duvall. He suggested that a left turn lane be installed for safety reasons and with the increased amount of traffic flow to and from this new subdivision. The other concern is NE 241 • Street (east/west) is sorely in need of resurfacing, there will be an impact with the increase of traffic flow and would like the City of Renton to look at that situation and perhaps expedite the resurfacing of that street. Debra Rogers, 5326 NE 22"• Court, Renton, WA 98059 stated that she is a resident of Stonegate and a member of the Board. As a Board they submitted some information to the Development and Planning Group in August. Specifically regarding the easement off of NE 26'" Street that is a Stonegate private easement to these two lots, previous requirements by King County when this property was in King County adhered to certain development provisions that would exist only on two lots. The easement is currently just shy of20 feet and they are curious how this will support the proposed four additional homes. Ms. Weil stated that the easement would be widened to 26-feet with three hammerheads. Ms. Rogers inquired where the two parking spaces per home would be on Lyons Ave or in the location of the new homes. The Examiner stated that parking is on site only. Langley Ridge at May Creek P File No.: LUA-05-083, ECF, P. December 15, 2005 Page 7 .nary Plat Ms. Weil stated that there is a property owner here and Mr. Hanson addressed about a section of SE J OO'h Street out to Duvall and how the improvements would come down. She asked Mr. Hanson to just clarify for the property owner located to the west, any improvements there and any impact on that property. The Examiner stated that unless the City condemns right-of-way, they have no right to touch this person's property. They can work out agreements, but they cannot trespass or in any other way affect his property. He was not sure what they planned to do as far as radius curve or anything else to smooth things out. Mr. Hanson stated that all construction would be within the City/County right-of-way with the exception of a small portion of right-of-way that they will be dedicating at that intersection. There should be sufficient right- of-way to do al I street construction. There should be no impact' on any private properties. Ms. Kittrick stated that when the final design is in, that will determine all final calculations and at that time it will all have to be within the right-of-way, not affecting anyone's property. Mr. Offe stated that in regards to Fire access to Lots 33 and 34, they did not know that this had become an issue, but felt that they could deal with it. lfthe Examiner allows flexibility, currently an access is being brought down the south side of Lots 30-33 to provide access to the lots for Fire protection and to provide access into the future detention facility. This access is required for both Fire protection and emergency use, it is also being used as access to maintain the detention facility. They could work a way to extend that into Lots 33 and 34 for Fire protection if required, as opposed to trying to find a way to certify an ancient bridge. The Examiner stated that he would have to check and see where and how that fits into the protectic,n zone. Mr. Hanson stated that road would only be for emergency access, not for general access. There is a provision in the open space overlay to al low for such emergency access roadways. Those things were anticipated that they might be needed in this area, not to serve Lots 33 and 34 however. The house on Lot 34 is a new house and is sprinklered and was approved by King County. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 10:52 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, Langley Development/C. Thomas Foster, filed a request for a clustered development 34- lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit# I. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. Langley Ridge at May Creek .ninary Plal File No.: LUA-05-083, ECF, PP December 15, 2005 Page 8 5. The subject site is a multiple parcel assemblage located between May Valley Road on the north and between Coal Creek Parkway (Duvall Avenue NE) on the west, NE 26th Street generally on the east and NE 24th Street on the south. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low density residential uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-1 (Single Family -I dwelling unit/acre). The subject site is located in the Urban Separator Overlay area and may create smaller lots by protecting open space and sensitive areas. 8. The subject site was annexed to the City with the adoption of Ordinance 5142 enacted in June 2005. 9. The subject site is approximately 34 acres or 1,481,040 square feet. The parcel is irregularly shaped although shaped somewhat like a "U". I 0. May Creek crosses the subject site in two locations. It crosses the subject site in the northeast corner just south of May Valley Road and also in the northwest corner of the site, generally in the two upright portions of the "U" shaped site. May Creek is a Class 2 stream and requires a I 00 foot buffer. The applicant would protect these two portions of the subject site in Proposed Tracts A and D. 11. In addition to May Creek, the site contains two Category 2 wetlands. Wetland A is 4,164 square feet. It is located in the east central area of the site. The second wetland, Wetland 8, is located in the western portion of the site and is approximately 174,049 square feet. Both wetlands are Category 2 and they each require SO-foot buffers. As proposed the wetland and buffers would be contained in Proposed Tracts A, Band C with the exception of portions that would be located in Proposed Lots 23, 25 and 33. The applicant agreed to redesign those lots to fully protect the wetlands and buffers in the protected tracts. 12. The applicant proposes a clustered development that is allowed in the Urban Separator Overlay area. This permits development on smaller lots as long as the overall density does not exceed the normal carrying capacity density of the site. The R-1 Zone permits one home per acre or 34 homes on 34 acres and the applicant can create a plat of 34 lots. The minimum lot size for this type of clustered development in the R-1 Zone is I 0,000 square feet. At a minimum interior lots must be 70 feet wide and corner Jots 80 feet wide and all lots must be 85 feet deep. All lots must have 30 foot front yards, 20 foot side yards along a street or 15 foot when interior lots and 25 foot rear yards. The Urban Separator Overlay, which governs this project requires the retention of trees and other vegetation anci permits a maximum clearing of35% of each lot. The applicant may remove more vegetation on some of the smaller lots that require grading. Vegetation in those cases would be replaced. 13. A primary goal of the Urban Separator Overlay is to create a contiguous open space corridor, conserve critical areas and serve as a separator between jurisdictions. It requires the establishment of at least 50% of a site to be set aside in non-revocable open space. The applicant has requested a modification in terms of the width of the required "contiguous corridor" where existing development impinges on the width and offers to set aside more than the required 50% open space, providing instead 55% open space. (see below) 14. Five homes, both existing or under construction, on the subject site would be retained. An existing commercial building also would be retained and converted to a home. Langley Ridge at May Creek P1 File No.: LUA-05-083, ECF, P. December 15, 2005 Page 9 nary Plat 15. The subject site can generally be divided by topography, location and proposed access into four main areas, three of which would support home development. One area would be protected open space (see below). The main area proposed for development is one tier of lots north of NE 24th Street. NE 24th along with stub connectors to the north were constructed as part of Newcastle Terrace. Access to this area of the plat would be via NE 24h Street and the northerly extension of Ilwaco on the east and Field on the west, that intersects NE 24th Street. Proposed Lots I to 29 would be in this area. The lots would mainly be in two tiers north and south of a new east to west road generally running between Ilwaco and Field. Easements extending from this road would provide access to Proposed Lots 14, 15 and 16 on the east and Proposed Lots 22 and 23 on the north. The existing commercial building that will be converted to a home would be located on Proposed Lot I 9 and the existing home would be located on Proposed Lot 20. The easement access roadway's space requirements were not appropriately deducted from the lot area of adjacent properties and this will need to be cor:,:ecte.~, Staff noted that there is sufficient lot area to accommodate these changes;· __ 16. A second development area is a smaller area at the eastern edge of the site and west ofa curve in NE 26th Street in the Stonegate Plat. Access to this area would be via an extension of an easement running west from that curve in NE 26th Street. The easement would be widened to 26 feet and three (3) hammerhead turnarounds would be constructed. Three lots, Proposed Lots 30, 31 and 32 (west to east), would be created. Building permits issued by King County (prior to annexation) account for two homes under construction on Proposed Lots 30 and 32. Again, easement areas were inappropriately factored into the lot areas.and tllis will have to be corrected. 17. The third development area is at the north central portion of the site and its access is from May Valley Road. May Creek crosses the northern portion of this area. Proposed Lots 33 and 34 (south to north) would be located here. Two existing homes are already located on these Jots and were developed when it was in King County. No additional homes are proposed in this location. May Valley Road provides general access to the northern portion of the site. Access to this area is via a substandard, 15-foot easement from May Valley road and a bridge that crosses May Creek. The Fire Department is concerned about this substandard access and also concerned about the capacity of the bridge to handle the weight of emergency vehicles. The Fire Department wants standard access and certification that the bridge could handle a fully equipped Fire Engine: 18. Neighbors were concerned about the eastern access easement from NE 26th Street. It appears that the easement was specifically created to provide access to interior parcels such as those proposed in this subdivision. City code does permit easement access from up to four lots although private restrictions are not part of this review. 19. Sensitive areas containing the wetlands, the creek and--steep hillsides will be protected in four (4) tracts. Three tracts would be located in a swath running east to west and generally across the west and center of the site and one tract would be located in the northeast portion of the site. 20. The density for this plat is established at 34 units and because the Urban Separator is being utilized, there is no deduction for sensitive areas. The sensitive areas will be protected by non-revocable agreements. 21. As noted above, the applicant proposes setting aside and protecting approximately 55% of the site. The areas that will be protected include two Category 2 wetlands, May Creek and steeper slopes as well as the storm water detention area where natural vegetation will be used to enhance that area set aside and a contiguous corridor that connects these various open space areas. Four tracts would be created. Tract A would be the westernmost tract containing one segment of May Creek in the northwest corner of the site. Wetland A in the western portion of the site and steeper slopes in the west central area of the site. It would contain approximately 421.45 I square feet and be a Native Growth Protection Area. Tract B Langley Ridge at May Creek P 1inary Plat File No.: LUA-05-083, ECF, Pl· December 15, 2005 Page JO 22. 23. 24. 25. 26. 27. 28. ··i. 29. J' (: would be located almost in the center of the site and contain approximately 135,627 square feet of steeply sloped areas with 40% or greater. It would also be a Native Growth Protection Area. Tract C would be the 176,706 square feet open space and storm water detention area. It would be located in the cast central area of the site. The final tract, Tract D, would be in the northeast comer of the site adjacent to May Valley Road and would contain the second segment of May Creek that runs through the site. This area would also be a Native Growth Protection Area containing approximately 85,614 square feet of land. An existing home on Proposed Lot 33 intrudes into what would normally be the stream buffer area for May Creek. The majority of the subject site, 30 of the proposed 34 lots, is located within the Renton School District. The project is expected to generate approximately 12 school age children in the Renton District. These students would be spread across the grades and would be assigned on a space available basis. The eastern area where Proposed Lots 30, 3 I and 32 are located is in the Issaquah .School District. The applicant will have to pay the mandated school impact fee for those homes in the Issaquah District. The development will increase traffic approximately IO trips per unit or approximately 340 trips for the 34 single-family homes. Approximately ten percent of the trips, or approximately 34 additional peak hour trips will be generated in the morning and evening. There was concern about traffic exiting the plat and other developments at Duvall/Coal Creek. Traffic patterns would be subject to further review and restriction by the City. Storm water will be detained on Tract C, which is immediately west of Proposed Lot 30. The applicant will be complying with the 2005 King County Surface Water Design Manual and conditions ;mposed by the ERC. The Tract will also be part of the overall open space for this proposal. The subject site is uniquely divided in three service areas for water and two for sewer. The City, Water District 90 and Coal Creek Water and Sewer provide domestic water to the· site while the City and Coal Creek provide sanitary sewer service. There are older wells on the subject site and those wells will have to be appropriately decommissioned. An easement for a recreational trail that will be owned by the City will be created through Proposed Tracts A, B and C and eventually through third party property to Tract D. The City will develop the trai I. The modifications sought are to al low the open space corridor to follow more natural terrain lines in the vicinity of Tract A and Band the lots south of those tracts including the existing buildings' lots. The other area is in the vicinity of Proposed Lot 30 where King County already permitted a home. The applicant has indicated that the protection ofan additional five percent (5%) open space has been provided to offset the impacts of the proposed modifications as well as a wider than 50 foot corridor to connect to other undeveloped property to the east. The applicant responded to the need for improved access to Proposed Lots 33 and 34 with a suggestion of extending the easterly roadway easement from Proposed Lots 30 to 32 to the north. The creation of a roadway for such purposes would carve up the contiguous open space and defeat the protection sought by the City standards. CONCLUSIONS: I. In the main, the proposed plat appears to serve the public use and interest. Providing additional property for the development of homes serves many of the goals of the Comprehensive Plan. At the same time, plats must make allowances for needed public services as well as safe and secure access Langley Ridge at May Creek P File No.: LUA-05-083, ECF, PP December 15, 2005 .nary Plat Page 11 points. Occasionally it is necessary to remind parties that approval ofa plat is discretionary. While clearly owners are entitled to make reasonable use of their land, they must show that the plat is appropriate and provides the necessary infrastructure. The plat must make reasonable accommodation for things like parks, roads and emergency services that the plat's residents will both need or ewn demand. The plat also must provide appropriate lot sizes, setbacks and utility infrastructure. 2. A developed property that might already have a septic system that is no longer standard must put in an appropriate sanitary sewer line when dividing or re-dividing property. Similar to replacing a non- standard septic system with a sewer, an applicant is responsible for replacing a non-standard and potentially dangerous bridge and narrow easement with a suitable City-approved bridge, driveway or easement. Access, both safe and sufficient, is required when dividing or re-dividing property. In this case, we are not merely dealing with bulk standards such as setbacks or side yards. The standards at issue are ones in which life and property could be at risk. Life safety is at stake even if the homes have sprinkler systems. Aid calls require a response from not only aid cars, modest ambulance-sized vehicles but also full-sized fire engines. If a bridge were inadequate to bear the load, not only would the lives of residents be in jeopardy, but the fire crews would also be in jeopardy. There is no question that access from May Valley Road has to meet at least the minimum standards of the Fire Department before the property can be further divided. The alternative of a new roadway from the southeast corner of the site is inappropriate. It would detract environmentally from the open space contiguous area and reduce acreage of that area. While code may permit it, it would be an inappropriate exception in this case. It would be particularly inappropriate since the applicant has already sought modifications in other areas of the requirements and an existing encroachment over May Creek already exists that wou'.d not be eliminated by the alternative access. J. The applicant's unhappiness with the Fire Department's raising requirements involving a matter of life safety and their imposition 'late in the process' as the applicant believes is unwarranted. The public hearing is intended to review the proposal and is another anticipated stage in the review process. New information may and many times does become apparent as the Hearing Examiner and the pub! ic have an opportunity to review the proposal. Even if this issue were raised somewhat late in the review process, there is no question about the ability of the City to correct an oversight at this point, particularly when life safety is at the heart of the matter. 4. The modifications sought by the applicant appear reasonable under the unique circumstances of this case. The "contiguous open space" map is a non-exact illustration of the general sensitive area in this vicinity and it does show some rather rigid straight lines in its "balloon" representation of the intended areas of protection. Both the natural terrain features as well as the existing development can either justify or constrain the actual lines protection can or should follow. Those realities coupled with the fact that the applicant is setting aside 55% of the property whereas only a 50% set aside is required allows the decision maker to agree that in this case, the tradeoffs proposed appear reasonable and the modification justified. Attempting to create large and/or contiguous belts of greenspace in an area that already has development is difficult to accomplish. The consolidation of these various ownerships enables the creation of a large swath of open space over the difficult terrain while also achieving reasonable housing objectives. 5. Staff noted some minor changes to either comply with code or simplify property descriptions or limitations. The applicant will have to remove easement roadways from lot area calculations. The applicant should alter the boundaries of Proposed Lots 23 and 25 to move all buffer or required open space into the protected open space tracts if for no other reason than simplicity in ownership, maintenance and limitations. 6. In other particulars, the proposed plat will create large. naturally landscaped lots for residents who prefer roomier tracts and natural amenities. The area is one in which public services are availaoic ,1r ca, Langley Ridge at May Creek F .,inary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 12 be extended. The applicant will be paying mitigation fees to offset its impacts on fire, roarls and parks and recreation. The new homes, once developed, will increase the tax base of the City. 7. The preservation of a large portion of the site in open space probably makes better sense that dividing this 34-acre site into 34 separate, somewhat regular rectangular lots of one acre each. Steep slopes, May Creek and wetlands will be protected by the proposed development scheme. Clearly, prior development under older regulations was not as protective as the current regulations and resulted in a home closer to May Creek than would now be permitted. The new regulations, it appears, serve the public better and provide more protection for not only open space but the wildlife that utilizes the area. 8. While clearly new development will increase traffic and general noise in a rather rural, natural area, these impacts were envisioned when both the Comprehensive Plan and Zoning were established for this area. 9. In conclusion, the Proposed Plat should be approved by the City Council subject to the conditions noted in this report. RECOMMENDATION: The City Council should approve the Proposed Plat subject to the following conditions: 4 1. X--2. The applicant shall comply with the conditions imposed by the ERC. The applicant shall provide access to Proposed Lots 33 arnj 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the access roadway, increasing the load bearing capacity of the existing bridge or both. The applicant shall not create a roadway from NE 26'h Street to lots 33 and"34. The applicant shall provide revised plans showing the net square footage demonstrating compliance for lot area for any lot impacted by an access easement (Lots 14, 30, 31, 32 and 33). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 4. The applicant shall ensure all open space area including buffer impacted during construction shall be restored and enhanced if required prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared private improvements of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 6. The applicant shall establish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street and public street. Additionally, these easements shall be posted for "No Parking" along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdivision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. Langley Ridge at May Creek Pr File No.: LUA-05-083. ECF, PP December I 5, 200 5 Page 14 Debra Rogers inary Plat Lee Bailey Kayren Kittrick 5326 NE 22"d Court Renton, WA 98059 I 8833 96'" Avenue NW Stanwood, WA 98292 Development Services Division City of Renton TRANSMITTED THIS I 5'h day of December 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section IOO(G) of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., December 29, 2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of Jaw or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen ( 14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., December 29, 2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will he required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all requests for Reconsideration as well as Appeals to the City Council. Langley Ridge at May Creek P inary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 13 7. The applicant shall record a public 15-foot wide pedestrian trail easement across Tracts A, Band C. The City Attorney shall review the Trail Access Easement. A note shall be placed on the face of the plat. The trail shall be for future construction by the City to be accessible to the public. These requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 8. The Open Space Tracts A, B, C and D shall be posted with signs indicating the area as Non- revocable Open Space and site for a future public trail connection. The maintenance agreement and responsible party(ies) shall be noted on the face of the plat and added to the CC&R's. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 9. The establishment of Native Growth Protection Areas containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. l 0. The applicant shall provide documentation that any decommissioned wells are in compliance with code. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. ORDERED THIS 15'" day of December 2005. TRANSMITTED THIS 15'" day of December 2005 to the parties of record: Nancy Weil I 055 S Grady Way Renton, WA 98055 Robert & Shirley Blayden PO Box 3029 Renton, WA 98056 Fred & Suzzane Makowski PO Box 2215 Bel fair, WA 98528 Jim Hanson 17446 Mallard Cove Lane Mt. Vernon. WA 98274 Langley Development C. Thomas Foster 1560 140'" Avenue NE #100 Bellevue, WA 98005 John P. Andrews 22425 Bear Creek Road Bend, OR 97701 Dan & Cheryl Stabber! 9400 Hilltop Road Bellevue, WA 98004 Darrell Offe Offe Engineers 13932 SE 159'" Place Renton. WA 98058 Clifford & Diana Broussard 14111 SE May Valley Rd Renton, WA 98055 Robert & Tamara Holmes 5416 NE 26'" Street Renton, WA 98056 Einer & Marilyn Handeland 3018 Ilwaco Avenue NE Renton, WA 98056 Dennis Noland 5226 NE 24'" Street Renton. 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Commercial Off .. . mmercial Nei .. . dustrial -Heavy _ -Industrial -Medi ... dlndustrial -Light Renton Aerial Renton Lo.n~~0~ Q ~~ C,tc~"' L\l~ C'S -O 8=> 1'>, t.c..V SCALE 1 : 12,252 --....., I 1.000 0 1,000 2,000 3.000 FEET N A 1/rentonnet.org/MapGuicie/mapslPar::el.mw. Thursaav. November 17, 2005 3:54 PM City of Renton PIS1'W Depa,lment LANGLEY RIDGE@MAY CREEK I Al/NARY PLAT PUBLJC HEARJNG DA TE: November 29, 2005 '-U>J'.) 1 I I Ct-J.:::, ">refiminary Reporl to the HeaniJg Examiner LUA--05-()83, PP, ECF Page 5 of 14 1. The applicant shall adhere to the recommendation of the geotechnical report prepared by Icicle Creek Engineers, Inc dated June 20, 2005 during site preparation and building construction. 2. The applicant shall be required to perfonn all earthwork activities in the drier summer months (April -October) unless otherwise approved by the City's Development Services Division. 3. The applicant shall install a silt fence along the down slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in confonnance with the specifications presented in the Vol. II 2001 DOE Stonnwater Management Manual. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. 4. Shallow drainage swates shall be constructed to intercept surface water flow and route the now away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the now rates. The design and construction of the drainage swales shaU conform to the specifications presented_in the Vol. II 2001 QOE Stormwater Management Manual. Temporary pipe systems can also be used to convey stormwater across the site. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. 5. The project contractor shall perfonm daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on-site and off-site improvements as well as building construction. 6. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. 7. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. 8. The applicant shall comply with the recommendations contained within the Welland, Stream and Habitat Study dated June 30, 2005 prepared by Altmann Oliver Associates, LLC in regards to wetland and· stream maintenance, monitoring and construction of the project. 9. This project shall be subject to the 2005 King County Surface Water Analysis and Design Standards. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 11. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 12. The appiicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single- family lot prior to the recording of the final plat. ' . From: To: Date: Subject: Bonnie, Betsy Reamy <betsyreamy@yahoo.com> Bonnie Walton <Bwalton@ci.renton.wa.us> 9/24/2007 5:33:00 PM Re: Council Meeting 9/24 -Langley Ridge Thanks so much for your help -I really appreciate it ! Regards, Betsy ---Bonnie Walton <Bwalton@ci.renton.wa.us> wrote: > Dear Ms. Reamy: > Thank you for your email. You are welcome to attend > the Council meeting and sign up to speak under the > Audience Comment portion of the meeting. > For now I will immediately forward a copy of your > email to each Councilmember, Mayor Keolker, and Jay > Covington, CAO. > If I can provide further assistance, please feel > free to contact me. > Sincerely, > Bonnie Walton > City Clerk > City of Renton > 425-430-6502 > > >» Betsy Reamy <betsyreamy@yahoo.com> 9/23/2007 > 9:08 PM>>> > Dear Ms. Walton, > > I am hoping to attend tomorrow night's council > meeting > (9/24) and sign up to speak. I'm sending this email > with my thoughts on the proposed Langley Ridge > Development in case I'm not able to attend or be a > speaker. > > I'd appreciate it if a copy of my email could be > given > to the Mayor and the Council Members before the > meeting. > > Thanks very much for your assistance! > > Regards, Betsy > > ******************************************* > > Dear Council Members, > 1/w)tence:.-Com..mcJti 9-J. l/-0 "t &+-st~ > I am writing in regards to the Langley Ridge > development and the decision being made about 'fire > access' through private property belonging to > Stonegate. > > When official notices first went up in our > neighborhood about Langley Ridge, I called and spoke > to the Project Manager listed for the city, Nancy > Weil. In our conversation on August 16, 2005, I > explained to Ms. Weil that the fire access listed as > an option, was in fact private property, and that > Stonegate had not given permission for this access > (and wouldn't). We discussed the easement and the > fact that the houses that had easement access > granted > to them were not the ones that would be using (or > need) the proposed fire access. > > Later in the process, Debra Rogers (also a Stonegate > resident) attended a Langley Ridge planning meeting > held by the City of Renton, and explained these same > details again. > > Earlier this summer, as the folks at Langley Ridge > repeatedly trespassed over Stonegate property to > build > their retention pond, we were subjected to days of > dump trucks going in and out of our neighborhood and >a > street sweeper that, literally, ran for hours. Our > attorney explained to the city (again) that this > access had not been granted. > > Somewhere along the way, someone is ignoring the > fact > that the property that Langley Ridge is proposing to > use for their 'emergency/fire access' does NOT > belong > to them. It's private property and we have not > granted permission for it to be used outside > of the easement provided to Bob Holmes' parcels. > > Langley Ridge needs some sort of fire access for > their > plat approval. There are options for Langley Ridge > to > provide this access road on their own property. The > cost to do this might be more than they'd like. > But, > every business must do a cost-benefit analysis > before > moving forward on decisions. To decide that the > cost-benefit is best when trespassing on someone > else's property is absurd. > > I understand that development occurs and needs to . . ' , > occur for our growing region. I understand that > Tom Foster and the others at Langley Ridge are > running > a business and making money with the development > they > are providing. I understand that the City of Renton > will earn taxpayer dollars from the development of > these new homes. What I don't understand is why the > city would consider approving a plan that allows a > business to take property from another for the good > of > themselves. When did this become legal? > When did this become ethical? Why is this being > considered as an option? > > I respectfully request that the city council deny >the > Langley Ridge plat approval, as the current proposal > includes planned trespassing over private property. > > I propose that Langley Ridge be required to submit a > plan which provides adequate fire access for their > property, using their property. > > I appreciate your time and consideration. > > Sincerely, > > Elizabeth Reamy > 2502 Lyons Ave NE, Renton > > > > > > >Checkout the hottest 2008 models today at Yahoo'. > Autos. > http://autos.yahoo.com/new_cars.html > Fussy? Opinionated? Impossible to please? Perfect. Join Yahoo!'s user panel and lay it on us. http:/ /survey! ink. yahoo. com/gm rs/yahoo _panel _invite .asp? a=? Comcast Webmail -Email Message From: s.winn@comcast.net J/udle/11.C, ~omme-n,f 9-Jt/-1)7 J)ebra fro;1~rs To: herogers@comcast.net (debra rogers), bchristo@bcc.ctc.edu (Bruce Christopherson), hlongfellow@parametrix.com (Happy Longfellow), Larry.lce@Kemperdc.com (Larry lce),stonegaterenton@yahoogroups.com (gate stone) Subject: Stonegate's Property Date: Sunday, September 23, 2007 10:58:46 AM Page 1 of I .~ i f Stonegate neighbors, someone from your neighborhood will hopefully be by your house today for you to sign a sheet showing your support for the Stonegate HOA at the Monday , Renton City Council meeting. I know several of you can't make it to the meeting. We want the city council to deny Langley Ridge final plat approval until they can address our concerns about the use of our private property (tract C) for their own use. I will answer any questions, but I am limited with time due to the number of houses I have to visit. Thank you for your support. , , .. ,II ' http://mailcenter.comcast.net/wmc/v/wm/46F6B44A0008B94400002F8022058891160202... 9/23/2007 , fo,t I/ K~~rn{{A, /of , I/~ Jo iti\l 1D ~ D0fZ-\j 0 Lo T ~ ~NTk ?au,I Clnd._ :'-rr:o.ey f(u.-a.. -4t I Li 0trw; ~ 5 ,f-lv L /\--Alb. ~"':,, l.-{;J 11.J ,,J ':lt1 ~~J~ r-/ ,.,t,, < I 0 ic leu_l G 0o .JJ >S" ~4~ ~ CA'\ V , _c, ~'=' re 11 aw 1t: 13 CJiu#ytLfffil~ ·.(7!Jd;:;_~~ 1-1-~~ ~ w L{<, S) u. 1V6' ~ c 1 53 1 4--A 2 -z,"'""2. c+ --~---=-· _.:__O_Y\_.:__.::_,0&1~~~.J_a_o__:.>9~---+--=~~ w/<: '\go s-J OANH N. HA S-1101 Ne. 2-J 11_d ~ Ct R £-n tnv> WA-q f ~ s-7 ------------------·---~------------ Page 2 of 4 Some items's of concern regarding our easement are of course: -the use of it as access for the retention pond and Fire/Emergency access for LR lots 33 and 34; -if it is private or public, if our easement was not recommended as an easement access for lots 33 & 34, does private or public even matter in this case?; -the limitations for amount of homes it can serve, whom it was "intended to benefit"; and, -how the extension of the easement affects the protections set in place for the May Creek Basin Wildlife Protection Overlay/Plan where this south to north roadway will cut through that protected area. The excerpts recapped below with references to where you can find them are from the document packet that you received from Kayren Kittrick last week. These were the testimony from the public hearing Nov 29, 05 prelim plat report to the hearing examiner, excerpts from the Aug 30th 05' LR/May Creek environmental review committee staff report, and from the 12-15-05 complete preliminary plat; which included the city's reccommendations to Langley Ridge ( LR). By the way, my comments are marked with »brackets, at the beginning and the end« of them. And *astericks are used to bring attention to special points that were documented. According to the Hearing review open testimony documents; P5 parag 9, Ms Rogers states that the Stonegate HOA board submitted some information to the Department and Planning group in August >(2005)< specifically regarding the easement off of NE 26th Street that is a Stonegate private easement to these, >(Bob's lots)<, two lots, previous requirements by King County when this property was in King County adhered to certain development provisions that would exist only on two lots. The easement is currently just shy of 20ft and they are curious how this will support the proposed four additional homes. parag 10, Ms Weil, city planner, stated that the easement would be widened to 26-feet with hammerheads. P6, parag 1, The easement that provides access to the proposed lots is sufficient to accomodate with the hammerheads. The.Examiner stated that if there is a private easement, then it might have restrictions on it. As this easement comes off of NE 26th, it is not clear what restrictions, if any, are on the number of homes. Private restrictions on the easement would be enforceable.* »-AND access to Bob's 3 lots are made "fire/emergency safe by making his driveway 26 ft off of our 20' easement. He was required to add hammerheads to each of his lots from west to east 30, 31, and 32 as turnarounds for emergency vehicles. >(Bob's current home on the 1st lot to the north of our easement is his 4th of the 4 lots that he has, which is also the *maximum lot amount that our easement will serve, verified by KayrenK, Dev srvcs, pg 6, parag 6.)<* > our easement language state that it is for "the benefit" of the Fisher/Homes property. It was not an easement to go on past Bob's continuing to lots 33 and 34 in LR; occupied lots which are currently inadequately served by the May Creek bridge from May Valley road.« -The applicant-LR is also required to post "Private Road" signs and "No parking" signs along the easements for emergency access. I am thinking that there IS a "Private Road" sign at place where the easement comes off of NE 26th and house addresses too. >{Private is not public).< paragraph 4, Stan Engleri Fire Marshal, City of Renton had a concern on Lots 33 and 34 as to fire access. These are exisiting homes and the land around them is being caculated for density in other areas of the site. The access off of May Valley road is very difficult for fire access and he has concerns as to their ability to serve those two homes that have been annexed to the City and the bridge across May Creek is not passable by the fire vehicles. The access off of May Valley Road is very difficult for the Fire Department to use at this time. There is a right-of-way that goes due north to May Valley Road that could be utilized. parag 9, Fire access is an issue and no one has been discussing it. The fact that under City of Renton Fire Code the house on Lot 34 would be required to b sprinklered. There is a serious concern from Fire about serving these lots due to the small bridge across May Creek. Some certifications would do a lot to alleviate their concern about crossing it. They find it difficult to serve both Lots 33 and 34. Pavement should be required at a 20-foot minimum. There is a 30-foot easement noted in the report that crosses the western property line up to May Valley Road. It would go through that particular area that they are trying *nc:>t* to access. These two lots are part of this plat and therefore have to meet Code provisions. 9/24/2007 Page 3 of 4 -P7 parag 7, Mr Offe, Offe engineers, stated that in regards to Fire access to Lots 33 and 34, they did not know that this had become an issue, but felt that they could deal with it. If the examiner allows flexibility, currently an access is being brought down the south side of Lots 30-33 to provide access to the lots for Fire protection and to provide access into the future retention detention facility. This access is required for both fire protection and emergency use, it is also being used as access to maintain the detention facility. They could work a way to extend that into Lots 33 and 34 for Fire protection if required, as opposed to trying to find a way to certify an ancient bridge. " pg 8, The Examif!!l! stated that he would have to check and see where and how that fits into the protection zone. pg 9, Mr Hanson >(I think he is an advisor for the developer?)<, states that that road would only be for emergency access, not for general access. There is a provision in the open space overlay to allow for such emergency access roadways. Those things were anticipated that they might be needed in this area, *not to serve Lots 33 and 34 howev<;ir.* The house on Lot 34 is a new house and is sprinklered and was approved by King County. FINDINGS< CONCLUSIONS & RECOMMENDATIONS The examiner made and enetered the following which pertains to us: FINDINGS P9 -item 16, A second development area is a smaller area at the eastern edge of the site and west of a curve in NE 26th Street in the Stonegate Plat. Access to this area would be via an extension of an easement running west from that curve in NE 26th Street. The easement would be widened to 26 feet and three (3) hammerhead turnarounds would be constructed. Three lots, Proposed Lots 30, 31 and 32 (west to easel), would be created. Building permits issued by King County (prior to annexation) account for two homes under construction on proposed Lots 30 and 32. Again, easement areas were inappropriately factored into the lot areas and this will have to be corrected. -item 17, The third development area is at the north central portion of the site and its access is from May Valley Road. May Creek crosses the northern portion of this area. Proposed Lots 33 and 34 (south to north) would be located here. Two existing homes are already loctaed on these lots and were developed when it was King County. No additional homes are proposed in this location. May Valley Road provides general access to the northern portion of the site. Access to this area is via a substandard, 15-foot easement from May Valley road and a bridge that crosses May Creek. The Fire Department is concerned about this substandard access and also concerned about the capacity of the bridge to handle the weight of the emergency vehicles. 'The Fire Department wants standard access and certification that the bridge could handle a fully equipped Fire Engine.' -item 18, Neighbors, (see p5 testimony D.Rogers), were concerned about the eastern access easement from NE 26th Street. It appears that the easement was specifically created to provide access to interior parcels such as those proposed in this subdivision. 'City code does permit easement access from up to four lots although private restrictions are not part of this review.• P10 -item 29, The applicant responded to the need for improved access to Proposed Lots 33 and 34 with a suggestion of extending the easterly roadway easement from Proposed Lots 30 to 32 to the north. 'The creation of a roadway for such purposes would carve up the contiguous open space and defeat the protection sought by City standards. • CONCLUSIONS P11 item 2. A developed property that might already have a septic system that is no longer standard must put in an appropriate sanitary sewer line when dividing or re-dividing property. Similar to replacing a non-standard septic system with a sewer line, an applicant is responsible for replacing a non-standard and potentially dangerous bridge and narrow easement with a suitable City-approved bridge, driveway or easement. Access, both safe and sufficient, is required when dividing or re-dividing property. In this case, we are not merely dealing with bulk standards such as setbacks or side yards. The standards at issue are ones in which life and property could be at risk. Life safety is at stake even if the homes have sprinkler systems. Aid calls require response from not only 9/24/2007 Page 4 of 4 aid cars, modest ambulance-sized vehicles but also full-sized fire engins. if a bridge were inadequate to bear the load, not only would the lives of the residents be in jeopardy, but fire crews would also be in jeopardy. ·There is no question that access from May Valley Road has to meet at least the minimum standards of the Fire Department before the property can be further divided:The alternative of a new roadway from the southeast corner of the site is inappropriate. It would detract environmentally from the open space contiguous area and reduce acreage of that area. While code may permit it, it would be an inappropriate exception in this case. it would be particularly inappropriate since the applicant has already sought modifications in other areas of the requirements and an existing encroachment over May Creek already exists that would not be eliminated by the alternative access: item 3. The applicant's unhappiness with the Fire Department's raising requirements involving a matter of life safety and their imposition 'late in the process' as the applicant believes is unwarranted. The public hearing is intended to review the proposal and is another anticipated stage in the review process. New information may and many times does become apparent as the Hearing Examiner and the public have an opportunity to review the proposal. Even if this issue were raised somewhat late in the review process, there is no question about the ability of the City to correct an oversight at this point, particularly when life safety is at the heart of the matter. RECOMMENDATION; P12 item 2. ·The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the access roadway, increasing the load bearing capacity of the existing bridge or both.' ·The applicant shall not create a roadway from NE 26th Street to lots 33 and 34_• item 6. The applicant shall estalish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street and the public street. Additionally, these easements shall be posted for "No Parking" along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdvision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the recording of the final plat. 9/24/2007 • CITY OJ<~ RENTON ~~~' ~ :! ; Kathy Kcolkc,, Mayo, fo\\·'l'Ql)''----------------------------- Office of the City Attorney Lawrence J. Warren To: MEMORANDUM Mayor Kathy Keolker Renton City Council Senior Assistant City Attorneys Mark Bar-her Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur ~@@IB ~ w c~ ro From: Lawrence J. Warren, City Attorney September 20, 2007 SEP 2 I 2007 L ... Date: HANSON BAKER LUDLOW DAUMHElLEA p s Subject: Secondary Means of Access to Langley Ridge Plat By letter dated September 17, 2007 Mr. Phillip Navarro of Hanson Baker, attorneys, wrote to you objecting to my legal opinion that there was a secondary means of emergency access to a portion of Langley Ridge Plat. The tone of the letter is set in the last paragraph of the first page when Mr. Navarro says: "Somehow behind closed doors, Mr. Brain persuaded Renton's City Attorney, Larry Warren, to agree with his conclusion so that final plat may be considered by the City Council." Of course, Mr. Navarro does not know how I arrived at my decision. Let me assure you that my door was open and I was alone when I made the decision. I also exercised my independent judgment after having spent several hours reviewing the entirety of the record. This dispute involves the right of the city to use an easement for a secondary emergency access. That means that the primary means of emergency access is unavailable. That is an extremely rare occurrence. One could rightfully conclude that it would be a once in a lifetime occurrence. I believe that my attached opinion speaks for itself The dedication language in the Stonegate Plat has all easements default to a public easement unless specifically identified on this plat as being dedicated or conveyed to a person or entity other than the public. The actual easement is silent as to it being identified to a person or entity so it is public. Mr. Navarro's letter emphasizes Note 13. It is important to understand that this is a Note and not a dedication. However, Note 13 relates to this particular easement area, but states that there is an easement for ingress, egress and utilities to two abutting properties. Again, I don't believe that the language identifies the easement to a person or entity. Post0._ffi_c_e_B_ox_6_2_6 __ -R-en_t_on-.-W-as-hi-.n-gt_o_n-98-0-57---(-4-25_)_2_55---86_7_8_/_FAX--(4_2_5_)2_5_5_-5_47_4_ ~ ""' Mayor Kathy Keolker Renton City Council September 20, 2007 Page -2 Of equal interest is a fact that Note 13 appears to state that there was already an easement in the same general location as the easement in question. However, that easement was 22 feet in width while the easement in dispute is 20 feet in width. It would appear that Note 13 refers to that 22 feet wide easement while the plat documents, creating the 20 foot access easement must be a different easement. Nevertheless, no matter how one construes it, the language in the dedication is clear and the plat does not identify this easement with a person or entity and thus it is public. Mr. Navarro's letter goes into a reasonably extensive discussion about a prior easement to the Fischer's apparently the subject of Note 13. Outside of the fact that the easement is of different size than the plat easement, I find that the discussion only of passing interest since one can rely upon the plat document, by itself. The discussion in Mr. Navarro's letter of intent to dedicate would seem to contradict the clear language of the dedication, and so doesn't aid in interpreting the effect of the easement. Finally, the section on the Unconstitutional Taking of Private Property again would seem to contradict the plain language of the dedication. Finally, Mr. Navarro's letter refers to the Hearing Examiner's decision and cites the council to page 9 paragraph 16 for the proposition that the Hearing Examiner imposed certain conditions that are violated by my opinion. Having read the cited section, no such restraint was imposed. While the Examiner's decision on page 10, Section 29 refers to improved access by extending this roadway easement, it does not speak to secondary emergency access. Clearly there is some discord between the Stonegate Homeowner's Association and the developers of the Langley Ridge Plat. It may be that there has been a violation of the property rights of the Stonegate Homeowner's Association. I am not familiar with all of the facts. However, I was not asked to render an opinion on that issue. I was asked to render an opinion as to whether or not there was an acceptable secondary emergency access to NE 26th Street. From the face of the plat, I found that there was such a secondary emergency access. If you have any questions, please feel free to contact me. I will also be at the Council meeting on September 24, 2007. LJW:tmj Tto.47:09 cc: Jay Covington Gregg Zimmerman Peter Hahn ·· Mr. Navarro • Debra Rogers From: To: Sent: Subject: "Bruce Christopherson" <bchristo@bcc.ctc.edu> <herogers@comcast.net> Monday, August 06, 2007 9:08 PM FW: Stonegate Easement and Langley Development's unauthorized use • 4/13/07 letter Kayren never issued a "stop work order". but the email below might be what she is looking for. From: Phillip Navarro [mailto:pnavarro@hansonbaker.com] Sent: Thu 4/19/2007 3:27 PM To: Bruce Christopherson Subject: FW: Stonegate Easement and Langley Development's unauthorizeduse • 4/13/07 letter Bruce: Joel Pisner from Ater Wynne called me this mommg and told me that he would instruct his client to stop using the easement area until we either settle our dispute or decide to litigate the matter. Phil -----Original Message----- From: Kayren Kittrick [mailto:Kkinrick@ci.re_I1ton.wa.us] Sent: Thursday, April 19, 2007 11:15 AM To: Gary Stump; Tom Foster Cc: PEB@aterwynne.com; Michael Dotson; Thomas Main; Phillip Navarro; Zanetta Fontes Subject: Re: Stonegate Easement and Langley Development's unauthorizeduse · 4113107 letter Gentlemen: This issue must be dealt with before any further plat recording efforts may be considered. Claims of trespass are very serious, but ultimately a private matter perhaps requiring confinnation by a judge. Crty of Renton permits do NOT in any way represent pennission or authorize trespass on private property. Permits are issued on the good faith and sworn affidavits of ownership and representations of the work whether in existing or future rights-of-way or those easements for access and public utilities. The second condition of the plat imposed by Hearing Examiner on the 15th of December requires construction of city standard access to the existing homes that currently have substandard access across May Creek. An emergency access was not required by condition, but is an option to meet the Fire Department requirements. In addition, access for the maintenance of the drainage facility is required by city code, and so far there is no indication of a right to access for either emergency or maintenance across the Holmes1s/Stonegate easement in accordance with the documents provided to this office. If no construction easement has been secured, the truck and any other construction activity not directly related to the Holmes's (formerly Fisher) properties cannot be undertaken under cover of the City permit or plans as trespass is neither condoned nor authorized by plan approval or issuing the construction permit for the plat. It is the nght of the property owners to prosecute charges of trespass, or seek recourse in Page I of2 9/24/2007 court, and is certainly their prerogative to call the police on any trespass that is occurring. I will not be issuing a stop work order at this time, as the issues are privately held between property owners, including one that is signatory to the Langley plat with a letter authorizing Tom Foster to apply on their behalf. Until all conditions imposed by the Hearing Examiner and City of Renton code are met, the plat will not be recorded. Kayren Kittrick Development Engineering Supervisor Public Works Inspections & Permits 425-430-7299 »> Michael Dotson 04/19/2007 10:30 AM»> Tom, FYI -We are receiving notice from Stonegate's attorney regarding trespass claims. Stonegate is demanding a stop work order immediately Mike Michael D. Dotson Engineering -Plan Review email: mdotson@ci.renton.wa.us Office# 425-430-7304 Fax # 425-430-7300 Page 2 of2 9/24/2007 23 August 2005 To: Nancy Weil Senior Planner Development Services Division 1055 South Grady Way Renton, WA 98055 [STUl':E(;ATEI RE: Langley Ridge at May Creek/LUAOS-083, PP, ECF Dear Ms. Weil, This letter is being submitted by the Officers of the Stonegate Homeowners Association Board, on behalf of the Stonegate neighborhood located on NE 26'h Street and off 148th and May Valley Road in Renton. We understand you are in the plam1ing process of the Langley Ridge at May Creek Development. The purpose of this letter specifically regards the portion of the proposed "additional access via a private 26-foot wide casement off of NE 26th Street". I) The easement referred to, which is owned by the Stonegate neighborhood, is actually 22 feet not 26 feet as stated in the Langley Development plans. The current pavement portion of the easement measures 9fcct 4inches. The easement documentation is recorded under King County #9006111702 dated May 18, 1990, exhibit "A" and available at King County DDES. *We respectfully request the easement width be corrected to 22 feet. 2) This easement, which "runs with the land" over Stonegate property, serves as an access to two lots originally recorded under King County as parcel 1, #0323059102 & parcel 2 #0323059111. -What effect does the inclusion of Lot 2, parcel number 0323059111 in the Langley Development have on the original intent of the easement, as access to two parcels/lots? 3) Located at the entry point of said easement, off NE 26th Street, there is a new street Sign posted with four house numbers listed on it. *The easement language provides access across Stonegate property to "two lots". -ls a 22-foot easement width sufficient to access four units/addresses/homes? -How is it that four addresses arc now supposedly served by a 22-foot easement? (Page 2) 4) Prior to annexing into the City of Renton, parcel #'s 0323059102 & 0323059111, both have recorded agreements regarding applications for accessory dwelling units granted by King County under recording numbers; 2030320002165 and 20050318000620 respectively. These applications/agreements have certain regulations, that, "run with the land". -How will the City of Renton regulate compliance with King County agreements that run with the land? -What will the City of Renton enforce the regulations? 5) Does the inclusion of Lot 2, parcel# 0323059111 in the Langley Development take into consideration the previous restrictions of use for detached accessory dwellings? -What prevents detached accessory dwellings from becoming actual separate address or single-family home units? -What prevents the landowner from pushing the density limits by changing lot lines, thereby getting more homes on Lot 2 possibly in addition to the detached accessory dwelling units? -And, how can a 22-foot easement be allowed to serve more than two-2 lots or homes/units? *Note, the application for Lot 2's accessory dwelling 20050318000620 unit, did not include the access easement document number, just an "exhibit A" page that had the legal description of parcel I and parcel 2 AND some easement description stating that the easement was "30 feet", not the actual "22 feet" as originally documented. 6) Parcel# 0323059102 also has a permit ADDIMPRV Aug 16, 2003, which changes. The use of shop area to a Hair Salon, B02Ml031/B03Q0121 dated 8-16-08. What regulations allow this type of business in the City of Renton? 7) The owner of this property also has a Construction business using heavy big Mack trucks and equipment. Often this equipment is parked on these parcels and driven across our neighborhood streets in the daily course of work. What City codes allow this type of business to be based out of a residential home allowing the storage and transportation of heavy equipment over residential neighborhood streets? (Page 3) In summary, the correct maximum width of the easement off of NE 261h is 22 feet. It is an access over property owned by the Stone gate Homeowners Association. It is a private easement. The intent of this easement is to serve as access to two lots. The parcels/lots it serves do not abut a public street. They are abutted by private property. We hope that the City of Renton Development Services Division will address the corrections and concerns within this letter and how they affect the Langley Development plans. It is also desired that the recent the regulations set forth in the May Creek Urban Separator regarding development and preservation be respected and adherred to. We wish to maintain the integrity of the Stone gate Development and preserve all the efforts that went in to the planning our beautiful neighborhood. We know that the City of Renton is proud of the type of development found in the Stonegate neighborhood. And that any future development which directly affects the quality oflive for any Renton Citizen is done within the proper guidelines and permitting processes. Respectfully, The Stonegate Homeowners Association Board P.O. Box 2691 Renton, Washington 98056. *copies of documents referred to arc available at the respective agencies via application and permit numbers. We will also provide copies upon request. Google Maps City of Renton Fire Stations Public -Edit title/settings Created by Larry I on Sep 24 -Last saved at 4:05:31 PM ' Fire Station #12 -1209 Kirkland Ave NE Renton, WA 98056 ' Fire Station #11 -211 Mill Ave S Renton, WA 98055 ' Fire Station #13-17040 108th Ave SE Renton, WA 98055 ' Fire Station #14 -1900 Lind Ave SW Renton, WA 98055 ' Fire Station #14 -12923 156th Ave SE Renton, WA 98059 , Entrance to Stonegate Renton, WA 98059 , Entrance to Langley Ridge over May Creek Renton, WA 98059 ~ Renton City Hall ~ 1055 S Grady Way, Renton, WA II udit'n(e &mmttd Page I of I ~Jc./-07 Larrv -r.c~ Save trees. Go green! Download Google Maps for mobile Text maps to466453 http://maps.google.com/maps/ms?ic=UTF8&oe=UTF-8&hl=en&msa=O&msid= I 02083 89... 9/24/2007 City of Renton You are here: Government ; Qty Departments and Services : Fire : : ; Government : Facilities and Locations Fire Stations Located within the 21.1 square mile Renton service area there are five fire stations housing five engine companies, one truck company, five basic life support units, one battalion chief and staff. Each engine and company is continually staffed around the dock with three firefighters and the basic life support units with two firefighters. Advanced life support service is provided by King County Medic One. Fire Station #12 Fire Station #14 1900 Lind Ave SW Fire Station #11 211 Mill Ave S Fire Station #13 17040 108th Ave SE http://rentonwa.gov/govemment/default.aspx?id= l 178&printfriendly= I Page I of2 9/24/2007 City of Renton Fire Training Division: 1900 Lind Ave SW Phone: 425.430.7100 Fax: 425.430.7119 Fire Station #16 12923 156th Ave SE Fire Department Administration and Fire Prevention Bureau: 1055 S Grady Way, 6th Floor Phone: 425.430.7000 Fax: 425.430.7044 Mailing Address: All Fire Department Facilities: Renton Fire Department 1055 S Grady Way Renton, WA 98057 http://rentonwa.gov/government/default.aspx''id= 11 78&printfriendly= 1 Page 2 of2 9/24/2007 '-'HY 01 r1.emun -vuug1e Maps _:: -I_ ,· :.. ' ',-- )> : ·-· ~-----, <-.. f/} ""<!!' ,l' • ' -t~-v~~ 1--,_\·.· , ---, , 'f; . Skyway, : -, ,-F"-., l r -• · •• ' \. ' ' . ,. ·;.1; ,·,Renton -• •, '. ~ . 'It Municipal N 6th St ~,'_ I;:::;=:-,\ : r ! -1':J ),i:-· "•r ! :.:-~i:"-:t;JtF-=:': ... =I,'- --~l-' . . 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S:/'~' ·! {~\\{~".'/-.,,;_,.·_ -~ --' l '1' ' : Cedar I j \ '7 g> · ' I ( ,,., a. 1, , J '\y , -<' m _ , ·1 1 , ~Ja1~~d_/;01t __ . -,-·, ,,,,_,, f _ Mounta,n;'' '., ~--=--_) '"i~fflj ffl-,_ -~--~ ,/ ,! - 1 ' -,_', /f-:1,'! -, -:~;~:;~·~'~,Park __ ~~~$i~~-Q,lrY,£1~b· __ -,-~200~:§90gtl!o-)1WJpdata©20~7NAVTEQ™-TermsofUse ' ', . ' http://maps.google,com/maps?q=l209+Kirkland+Avenue+NE&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&startlndex=&startPage=l&um=l&sa=N&tab=w1 -1; ---~J: 1s'!'.1 , .. ,;;;. ,iJi"iA· -3;•' - 9/24/2007 September 12, 2007 TO WHOM IT MAY CONCERN: Subject: Planning/But,ding/Public Works Department Gregg Zimmerman P.E., Administrator CITY CLERK CITY OF RENTON SEP 1 3 2007 Please see attached new plats that have JUSt been addressed. Please add these addresses to your City directones and maps. Amanda Court Short Plat Blakey T ownhomes Short Plat Chen Short Plat Garden of Eden LI J\ Honey Brooke West/Sagccrest Plat Langley Ridge Plat Ng Short Plat Raimer Station LLA r::v(· Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #l:platadd Barbee Mill Plat Bretzke Rogers Lotlinc adjustment Conner Puget Colony Short Plat 2 Highlands Park Plat Houvener Short Plat Brcwis/Meadow Ave Short Plat Puget Colony I Short Plat Renton Prop Short Plat 1055 South Grady Way-Renton, Washington 98057 ' ' S.:i::;"'< ~~Cl,? s-~~ G' !m CITY Of'' ~ RENTON l.ANGL[Y R!DCE AT MM CR((K RENTON. WASHINGTON To: From: Qafe: Subject: CIT~F RENTON oa,ELOl'Ml::N l SERVICES CHY OF RENTON 2007 REC'EIVED MEMORANDUM Mike Dotson, Development Services Plan Review Lawrence J. Warren, City Attorney September 12, 2007 Langley Ridge review Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Al""thur The final of the above resolution has been forwarded tot . city clerk and a copy is attached. ch Enc. CC: Bonnie Walton / ~ Lawrence J. Warren --Po-s-tO_ffi_,c_e_B_ox_6_2_6 __ -R-en_t_on-,-W-as-h-in_gt_o_n_98_0_5_7--(-4-25_)_2_55---86_7_8_/_FA-X-(4_2_5_)_25-5--5-4-74-~ @ This paper conta111s 5Ch. 1ecyded matenal. 30% post consumer AHEAD Ot' THE CURVE "9/ElOPM· r::-rrY O;' . ' . ··t:t. •• • •,.,A CIT~, OF' RENTON Office of the City Attorney Kathy Keolker, Mayor = if,,~~~~-~-~·'"·;,.· ------------L-aw_r_e_n_ce_J_._w_a_r_r_•n __ ~J MEMORANDUM To: From: Date: Subject: Dear Kayren: Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Kayren Kittrick, Development Engineering Supervisor Lawrence J. Warren, City Attorney September 11, 2007 Holmes Easement, Stonegate and Langley Ridge Plat Garmon Newsom II Shawn E. A.-thur I have spent several hours during the last couple of days going over the paperwork you provided to me and other paperwork I obtained from the attorney for Langley Ridge Plat You asked two questions. One, whether Holmes can assign his interest in the easement to the City of Renton to be utilized for emergency access; and, Two, whether or not the access may be used to maintain the drainage tract as shown on the plat. I conclude that is not necessary for the holder of the Holmes easement to assign that interest to the City because it had been dedicated on the face of the Stonegate Plat. I further find that the same dedication gives the City access to the drainage tract. Additionally, on access to the drainage tract, if the dedication was not sufficient, there is an implied easement of access under the common ownership theory. The issues in question start with a 1990 document entitled "Agreement Relinquishing and Granting Certain Easement Rights." The Fishers, predecessors in interest to the Holmes, signed the agreement relinquishing their easement rights across what was to become Stonegate and getting certain easement rights in return. The attached legal description indicates that there is a 48 foot wide easement that basically follows one of the dedicated roads within the Stonegate Plat. The legal then provides for 11 feet of easement on either side of a line drawn through what ultimately became Tract C of the Stonegate Plat. On the Plat of Stonegate, there is a general dedication "to the use of the public of all easements and tracts shown on the plat for all public purposes as indicated thereon . . . unless such easements or tracts are specifically identified on this plat as being dedicated or conveyed to a person or entity other than the public." There are also a number of notes and restrictions. Note 13 refers to Tract C, where the access easement is located and indicates that Tract C is subject to an easement for ingress, egress, and utilities to the two abutting properties to the west which are the Fisher, later Holmes property. That statement appears to refer to the Fisher-Holmes easement. Later, reviewing Sheet 3 of the Stonegate Plat, Tract C is shown with a 20 foot access easement (not the 22 feet of the Fisher-Holmes easement) identified without it being shown as being dedicated or conveyed to a person or entity other that the public. Therefore, I presume that the easement is a public easement and can be used as a secondary means of access not only to the Holmes property, but also to the Blayden property, which is farther to the north and west of the Holmes property. Post Office Box 626 -Renton, Washington 98057 ---(425·)-25-5--8-6-78_/_F_A_X_(_4_25_)_2_5_S--5-47_4_ ~ !\lIIiAD OF THI:-. Cl:R\·E Holmes Easement, Stor le and Langley Ridge Plat Septen r 11, 2007 Page2 Since I have concluded that the easement is a public easement, it can be used by the City to access the drainage tract for maintenance. Ifl can provide you with any further information, please let me know yours, 't Lawrence J. Warren ch cc: Neil Watts Andrea Petzel -Trail at Langle, .Jdge From: To: Date: Andrea Petzel Leslie Betlach 07/10/2007 11:40 AM Subject: Trail at Langley Ridge CC: Michael Dotson Leslie, Page 1 of I Mike Dotson and I are working on the review for the final plat of Langley Ridge at May Creek. Per a Hearing Examiner condition there needs to be a trail across the open space tracts, which was to be coordinated with the Parks Dept. I took over this project from a planner who has since left, so I'm not sure where things stand on this condition, but the easement does need to be on the plat map. Can you tell me where things stand with this condition7 Or if you're not the person I should be speaking with can you let me know who is? Thanks for your help. Andrea Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 apetzel@ci.renton.wa.us Ii le:/ IC: \Documents%20and %20Settings\nwei I\Local %20Settings\ T emp\G W} 00002 .H TM 07/10/2007 CITY OF RENTON PLANNING/BUILDI~G/PUBLIC WORKS MEMORANDUM Date: July 10, 2007 To: Mike Dotson From: Andrea Petzel Subject: Review for LUA 07-059, Langley Ridge at May Creek Mike, Here are my preliminary comments for Langley Ridge at May Creek. I want to stress that they are pre/imi11ari• because they are quite a few things missing that are necessary for adequate review. Once I have the missing information I can do a more complete analysis. • All plan sheets must include the delineation of the stream and the two wetlands and their associated buffers. It must also include the category and class of stream/wetland and square footage of critical area and buffer. • Plan sheet 5 of 10 needs to be labeled with lot numbers, tract names and the location of critical areas and their buffers. • Tracts labeled as "open space" should have the primary label of "Native Growth Protection Area" (NGP A) so as not to cause confusion. The storm water tract cannot a NGP A, but can be open space. • Per Renton Municipal Code, the plan sheets must include existing houses or other structures, existing or proposed fencing and retaining walls. Therefore, the split rail fence for the wetland areas that is a Hearing Examiner Condition must be on the plan sheets. The split rail fence and NGPA signs must be up before certificate of occupancy for any of the homes may be issued. "JGPA signs should note the location of sensitive areas, wetlands or a stream. • As part of the Urban Separator Overlay, the applicant is required to provide a recreational trail, with an easement, across tracts A, B, C, and D. Per RMC 4-3-l!OD2a Tracts C and D must be connected, even across private property (Lot 33 ). Language for this easement should be submitted to the City for review by Dev. Services staff and the City Attorney. The trail needs to be delineated on the plat map. • All existing recorded easements in the table on sheet 4 of 10 must appear on the plat map or be stricken from the title. Please delineate and label. • The "Notes" section on plan sheet 3 of 10 should include the square footage of area in a NGPA. • The "Notes" section on plan sheet 3 of 10 should also include that the side yard setback along a street is 20 feet. • CC&R's Page 4, Article 2. The sentence that begins "Tract A, B, and C shall be Open Space Tracts ... " should be revised to read as follows: "Tracts A, Band D SHALL BE l\ative Growth Protection Area Tracts and shall be owned and maintained by the Associations." • CC&R's Page 21, Article 10. This section needs to include a statement about the Trail Easement that will be recorded across Tracts A, B, C, D and Lot 33. Maintenance is the responsibility of the HOA. • PMTs of all revised full size plan sheets need to be submitted. • The wetland buffer restoration plan has been approved and I am sending a copy. I have the contract for monitoring, but in order to set the surety device I need to have contracts that provides estimates for plant replacement, as well as plant installation and maintenance. The surety device can be set and the monitoring period can begin (after we receive a certificate of installation from Altmann Oliver). cc: Jennifer Henning Altmann Oliver ,:\.ssociates, LLC December 12, 2006 Michael D. Dotson City of Renton Planning Department Development Services Division · 1055 South Grady Way Renton, WA 98055 REFERENCE: Langley Ridge at May Creek, WA SUBJECT: Wetland Buffer Restoration Propo5al Dear Michael, AOA F11,·ini1111H'111,1l PLt1111illg K, I .a11,bcap" \n hitc< !ltn· AOA-3005 The following revie;ed report summarizes the monitoring and maintenance requirements for the wetland buffer restoration work for the inadvertent clearing that occurred west of the detention pond at the Langley Ridge Bite. 1.0 CERTIFICATE OF INSTALLATION Upon approval of installation, we will provide the City of Renton with a certificate of installation detailing plan implementation and our field approval there of. The plan is included with this report -see Drawing SK-1, attached (revised 12/11/06 per your previous comments). 2.0 PERFORMANCE MONITORING Per RMC Section 4-8-120D23, performance monitoring of the restoration area is required by the City of Renton "for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. The monitoring schedule necessary to comply with Renton Municipal Code (RMC) requires quarterly • Michael D. Dotson December 12, 2006 Page 2 monitoring reports for the first year and annual reports thereafter." Monitoring field reviews followed by preparation and submittal of summary reports to the City will occur quarterly through the first year after construction approval, and annually through the second through fifth years (assuming performance standards are met). Each monitoring report will specifically address how each performance standard is or is not being met. The report will include: a) photo-documentation, b) quantifiable data including percent vegetative cover of specific species, plant survival and percent cover of undesirable species, c) wildlife usage and d) an overall qualitative assessment of project success for the restoration area. 2.1 VEGETATION SAMPLING PLOTS AND PHOTO-POINT LOCATIONS Vegetation sampling plots and photo-point locations will be monitored throughout the five-year performance monitoring period. The plots will incorporate all of the representative plant communities. The same monitoring points will be re-visited each monitoring visit, with a record kept of all plant species found and their corresponding percent cover within each plot. Vegetation will be recorded on the basis of relative percent cover of the dominant species within the vegetative strata. All monitoring will be conducted by a qualified ecologist from AOA. Photos from established photo-point locations will be taken throughout the monitoring period to document the general appearance and progress in plant community establishment. Review of the photos over time will provide a semi-quantitative representation of success of the planting plan. The locations of the sampling plots and photo-points will be depicted on the as-built drawing included in the first monitor·ing report. 2.2 WILDLIFE Birds, mammals, reptiles, amphibians, and invertebrates observed in the restoration area (either by direct or direct means) will be identified and recorded during scheduled monitoring events, and at any other times observations are made. Direct observations include actual sightings, while indirect observations include tracks, scat, nests, burrows, song, or other indicative signs. The kinds and locations of the habitat with greatest use by each species will be noted, as will any breeding or nesting activities. 2.3 SUCCESS CRITERIA Success of plant establishment within the restoration area will be evaluated on the basis of percent survival, percent cover & species diversity. Michael D. Dotson December 12, 2006 Page 3 2.3A PERFORMANCE STANDARDS FOR VEGETATION SURVIVAL, COVER & DIVERSITY For woody planted species, success will be based on the following 1. at least an 100% survival rate of all planted trees and shrubs through Year 1 (includes the four quarterly review and reports) 2. 857. survival rate aner Years 2-5 or 3. areal cover of planted or recolonized native species of -15% at construction approval and through the first 3 quarters of Year 1, -207. at Year 1, -307. at Year 2, -401, at Year 3, -50% at Year 4 and -60% at Year 5. 4. No single woody plant species will cover more then 30% areal cover at any time during the 5-year monitoring period to prevent monoculture of single species. 5. Success for herbaceous species will be based on an 80% cover of desirable plant species at any time during the 5-year monitoring period. 2.3B PERFORMANCE STANDARD FOR INVASIVE PLANT SPECIES Exotic and invasive plant species will be maintained at levels below 15% total cover. These species include Scot's broom, Himalayan and evergreen blackberry, purple loosestrife, hedge bindweed, Japanese knotweed, English ivy, creeping nightshade, Canada and bull thistle, poison hemlock, reed canarygrass and birdsfoot trefoil. Removal and control of these invasive plant species will be achieved through routine maintenance in the restoration areas. Such maintenance is necessary to achieve successful plant establishment and compliance with the 15% threshold for the listed exotic/invasive species. Removal of undesirable species will occur by hand whenever possible. No chemical treatment will be employed without prior approval by the City. 3.0 LONG-TERM MAINTENANCE SPECIFICATIONS Maintenance will be conducted on a routine, year round basis for at least five years following construction approval. Additional maintenance needs will be identified and addressed following each regularly-scheduled maintenance review by the project biologist. The project will be evaluated by comparing the monitoring results to the established performance standards to insure that success criteria are achieved at or before the end of the monitoring period. Maintenance shall be implemented on a regular basis according to Section 3.1 below. Contingency measures and remedial action (see Section 3.5 below) on the site shall be implemented on an as-needed basis at the direction of the project biologist or the owner. Michael D. Dotson December 12, 2006 Page4 The Maintenance Plan contains the following: a maintenance schedule, contingency and general maintenance items. 3.1 MAINTENANCE SCHEDULE (until performance standards are met) Maint. Item Jan Feb Mar Apr May June July Aug Sept Oct Nov. Dec 1 Weed control 1 1 1 1 1 1 1 1 General Maint. Pruning 1-8 = number of times task shall be performed per month. 3.2 WEED CONTROL Routine removal and control of non-native and other invasive plants (e.g., Scot's broom, Himalayan and evergreen blackberry, purple loosestrife, hedge bindweed, Japanese knotweed, English ivy, creeping nightshade, Canada and bull thistle, poison hemlock, reed canarygrass and birdsfoot trefoil). Removal and control of these invasive plant species will be achieved through routine maintenance in the restoration area. Such maintenance is necessary to achieve successful plant establishment and compliance with the 157, threshold for the listed exotic/invasive species. Removal of undesirable species will occur by hand whenever possible. No chemical treatment will be employed without prior approval by the City. Areas with reed canarygrass patches 3' x 3' or smaller need to be hand-grubbed. Patches greater than 3'x 3' shall be treated with a two-step process. 1. Areas shall be weed-whacked selectively sprayed with Round-up only in designated spray areas (at least 5' upslope of any ponded area). Spraying shall be done at a time when a dry period of one week or more is forecasted. 2. Areas shall be staked with cuttings ( see Staking List and Staking Specifications below). During April 1 through November 30, 1 gallon plants (minimum height of 18") shall be used in place of cuttings. 3. Staking List: Options for Planting (from wet to dry) Wetter Pacific willow Salix las1andra Sitka willow Salix Eiitchensis Scourer willow Salix scouleriana Black twinber-ry Lonicera involucrata Drier Black cottonwood Popufu,; trichocarpa 4. Cuttings can be purchased or gathered from approved on-site mature sources. Cuttings shall be installed at 1' O.C. spacing over the infested reed canarygrass areas and extending 2' in each direction, unless otherwise specified. Cuttings shall be 2-year old wood, 4' length, Ve" diameter, with all side branches removed and installed to a minimum depth of 12 inches. Michael D. Dotson December 12, 2006 Page 5 Himalayan and evergreen blackberry control -small patches (areas <3' x 3') need to be grubbed out, large areas ( >3' x 3') need to be cut down. New shoots (approx. 6" in height) which reappear should be spot-sprayed with Round-up concentrate (only in designated spray areas, see #1 above). 3.3 IRRIGATION The maintenance contractor shall ensure that the temporary system is functioning properly from June 1 through October 31. During the first year after installation, irrigation should flow at a rate of Yi' of water tl'.'ice per week ( unless otherwise specified). During the second year after installation, irrigation should flow at a rate of \12" of water once per week. However, if more than 10% of plant replacement occurs, watering rates shall be maintained at Yi' of water-twice per· week. The maintenance contractor shall inspect the irrigation system in the spring and mid- season to ensure adequate coverage and function of the entire system. All repairs, resetting of heads and adjustments shall be performed when problems arise. In the fall, the system shall be winterized by October 31" to prevent winter freeze damage. 3.4 GENERAL MAINTENANCE ITEMS 3.4A DEBRIS REMOVAL The Maintenance Contractor shall remove all trash and other debris on a regular basis. Contractor shall leave all dead plant material and other organic debris (i.e., leaf matter, fallen branches, etc.) except pest-infested vegetation. 3.4B EROSION AND DRAINAGE PROBLEMS The Maintenance Contractor, under the direction of AOA or the owner shall correct any erosion and drainage problems (e.g. bank or berm slumps, pond leaks, weir damage, sill clogs, etc.). 3.4C FORAGING AND BROWSING The Maintenance Contractor shall implement measures to prevent damage of plant material by browsing (e.g., deer, rabbits, mice, voles, etc.). 3.4D MAINTENANCE OF TREES AND SHRUBS Routine maintenance of trees and shrubs shall be performed. Measures include: tightening and repair of tree stakes and resetting plants to proper grades and upright positions. Tall grasses shall be weeded and sprayed with Roundup at the base of plants to prevent engulfment. Weed control should be performed by; hand removal, installation Michael D. Dotson December 12, 2006 Page 6 of weed barrier cloth with mulch rings, or selective weed-whacking. If weed-whacking is performed, great care shall be taken to prEvent damage to desired native species either planted or recolonized. 3.4E PRUNING OF WOODY PLANTS Woody plants shall only be pruned at the direction of AOA or to remove pest infestations (i.e., tent caterpillar). 3.4F TREE STAKE REMOVAL With the approval of AOA, the Maintenance Contractor shall remove all tree stakes after the first growing season to prevent girdling of staked plant material. 3.5 CONTINGENCY ITEMS (Not part of regular, on-going maintenance) These items will be identified on an as-needed basis only. 3.5A REPLACE DEAD PLANTS The Maintenance Contractor should replace dead plants with the same species or a substitute species that meets the goal and objectives of the enhancement plan. Contractor shall notify AOA of species, quantity and size of replacement material prior to installation. AOA shall review material and staked locations prior to installation. Plant material shall meet the same specifications as originally-installed material. Landscape Contractor that installed the restoration will complete one-year warrantee replacement. 3.5B REPLANT AREA The Maintenance Contractor should replant areas after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Areas will be replanted with an approved species or a substitute species that meets the goal and objectives of the restoration plan. Replanting shall be completed under the direction of AOA or the owner. 4.0 MAINTENANCE & MONITORING SURETY DEVICE A letter of credit or irrevocable set aside letter will be set by the Owner to the City of Renton in an amount totaling 125% of the cost to guarantee satisfactory performance and maintenance of the restoration area for a period of at least 5 years. The surety amount is based on 1257. of the contract amounts for 5 years of performance monitoring and 5 years of maintenance. See the signed contracts from us and the landscape contractor for the total surety amount. Michael D. Dotson December 12. 2006 Page 7 Should you have any questions, please call me at (425) 333-4535. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC Simone Oliver Landscape Architect Attachments 1. Drawing SK-1 -Wetland Buffer Restoration Planting Plan, revised 12/11/06 2. Signed maintenance and monitoring contracts cc: Tom Foster Altma11n Oliver 1\ssociates, LLC 1 AOA i '{ ) I',,.°' -, ; "' I " 11.,: 1, ", _ \i \ 1-.:1, j I December 12, 2006 Tom Foster 20840 SE 118"' Place Issaquah, WA 98027 ': j-,' REFERENCE: Langley Ridge at May Creek, WA Fu, ii-, 11111wn1:d l'Lt1111i1q . .;· s .... I .. 11"1" "I"' .\rt llil('( t11n· AOA-3005 SUBJECT: Proposal to Conduct Five-Year Performance Monitoring of Restoration Area Dear Tom: Altmann Oliver Associates, LLC (AOA) has prepared the following scope of services and cost estimate for five years of performance monitoring associated with the restoration work to be completed on the Langley Ridge project in Renton, Washington. SCOPE OF SERVICES TASK 1. ESTABLISH BASELINE CONDITIONS. To establish baseline conditions for future monitoring, a baseline evaluation will be conducted to determine whether the site conditions are consistent with the approved restoration plan. The evaluation will include: photo-documentation from points located on the site, a general description of the conditions of the installed plant materials, an assessment of the irrigation operating system, and a general assessment of site hydrology. A baseline report will be submitted to the City upon completion of the assessment. TASK 2. LONG-TERM MONITORING. Monitoring will be conducted for a period of five growing seasons. Monitoring will be conducted quarterly the first year after construction completion and twice yearly the second through fifth years. Monitoring will include an assessment of vegetation survival, percent cover of individual dominant species and weed control. Maintenance issues will be identified during the monitoring events and summarized in a memo submitted to the Client and lead maintenance personnel. A follow-up inspection by AOA will follow completed maintenance work. Tom Foster December 12, 2006 Page 2 TASK 3. MONITORING REPORTS. Monitoring reports will be prepared and submitted to the City and Client on a quarterly basis for Year 1 and on an annual basis (in the fall) for Years 2-5. Reports will include: photo documentation, quantifiable data from monitoring field review, summary of how performance standards are or are not being met, maintenance recommendations, and an assessment of the success of the restoration project overall. TASK4. FINAL APPROVAL. Escort City staff on a site review for final approval of the restoration work (if deemed successful by the City at the end of the five-year monitoring term). This task includes correspondence with the City regarding sign-off and preparation of the final pertinent information relating to maintenance. COST ESTIMATE Estimated costs to perform Tasks 1 through 4 are about $4000 for Year 1 and $1200 per year for Years 2-5 for a total monitoring cost of $8800. This estimate does not include construction review costs that will be necessary to obtain initial sign-off from the City. All work will be performed on the basis of time and materials according to our Standard Charges for Professional Services (Attached). If the scope of services and cost estimate are acceptable to you, please sign and return a copy of this letter as authorization for us to proceed. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC Simone Oliver Project Manager Attachment Tom Foster, Owner Date Altmann Oliver 1\ssociates, LLC AOA '{ l I' .. -, .. -.. f , 1 II.I""', \\ \ '!'-'11 I I 1.,-..., I,·, .. ; ;·,1111 l·.11\ i 1·1 Hl llll'll Ld PLn111illg· S. . .- l . .111d.;c;1p~· \H !1ili"( tt1rc 2007 STANDARD CHARGES FOR PROFESSIONAL SERVICES ALTMANN OLIVER ASSOCIATES, LLC provides environmental consultin<3 and landscape architectural des1<3n services according to the follow,ng rates and terms. This ,nformation ,s revised annually and the following information 1s effective from January I , 2007 through December 3 I , 2007. ASSOCIATES Senior Ecolo<31st Landscape Architect Design Assistant Field Assistant IN-HOUSE EXF'ENSES Auto Mileage Repro<3raph1cs 24x3G (bond, vellum, mylar) Repro<3raph1cs 30x42 (bond, vellum, mylar) $95/hour $95/hour $GS/hour $50/hour $0.40/mile $3,$10, $20 $4, $12,$25 All third party expenses are charged at cost plus I 0% for adm1rnstrat1ve processing. These expenses include: subconsultants; travel (meals, lodging, and transportation); miscellaneous services and supplies (e.g., reprograph,cs, publ1cat1ons, equipment rental, etc.). Invoices will be mailed monthly for services rendered each month. Payment 1s due upon invoice receipt and will be considered past due thirty days from 1nvo1ce date. A I% monthly interest rate will be applied on past due accounts. In the event of default ,n the payment of services, all collect,on costs, ,nclud,ng attorneys' fees, w,11 be paid by the Client. • • ---=-=-- ' ' g,~ ~ii ~, !: 8~ "' 1H -~ -l' ~ i l .. 1~ ii " ~~ li '• ' j; ' !I ii ;, H 1 "''""'"'~"' ·~ "'" '·""'"'' "'""" •"'' '"""~""" '"'~"'-""'"°" ~OlN3ll !rrrrr,li .'10 AlfJ W'f i,, i pi!: "'1° ! '"j, E \: ? ~ '21l 3 (i L ~ ~ ! ~~ct f!l!l lltif~ iH!i :~ ~.r, ~ h ~~ ~~.:·· ~\tit ,~i-,! •tll'i ]-i~~i 11!,it dcij~il' i2'huj ;::H~J"i -~ _t: § ~ ~ h!!:iig_! ~tBti uPid uque1d uO:tf'JOlS6'~ .lti>JJng P.!'.ll;'ll~ -..-,--~111 ::iu1 ·dno,':) )1..1Swdo1;;;,,..,:-a fi:-. 1.6un i ,.... '"'"" ,,' ~ I ~ '>t:6l&J:) fiE'W +e 6'6p1~ Fiii>16ue1 [ ; ~ ; ,,_ ' '. (~ l' I / : 9 1 _J <{ >-w 1! 11:ir·· 'II l!Hl!l l, 0 ~ H hi' :z; 'I ll11b' h ' ,, ,,.I z ;i ,~g ~ ~~, <{ ··1 ll' r, ! 111!!1 i ll! ,, ;: ! _J {l l w I j ,w ! Ill i ' e l ' ~ z ;:: z <{ !I''' ._J ,, ·1 ) {l u~21' IO_. l• • ,, '1 I. 1 j"·i n• ii1 ,_ ll el li' p I I W l!''l <00 8 .. • i-. City at,. nton Department of Planning I Building I Pub Vorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REv1Ew1NG DEPARTMENT: Fi re COMMENTS DUE: JULY 13, 2007 APPLICATION NO: LUA07-059, FP DATE CIRCULATED: JUNE 15,2007 APPLICANT: Lanolev Develooment Grouo, Inc. PROJECT MANAGER: Mike Dotson PROJECT TITLE: Lanolev Ridoe at Mav Creek Final Plat PLAN REVIEW: Andre Petzel SITE AREA: 34.05 acres BUILDING AREA !nross): NIA I I I I! LOCATION: Duvall Avenue NE, Mav Vallev, NE 24'" Street WORK ORDER NO: 77766 SUMMARY OF PROPOSAL: Construction of water, sewer and storm water for a 34-lot single-family subd1v1s1on. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Environment Minor Major Impacts Impacts Earlh Air Water Plants Umd!Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS More Information Necessary ' 1( ! j .' ,,~- ;{ j I .. t C Element of the Probable Probable Environment Minor Major Impacts Impacts Housinn Aesthetics Linht/Glare Recreation Utilities Transoortalion Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet ----. ' ---....:..~.:...... 1 r • ~ lUU/ ' -I •. __J More Information Necessary lion with particular attention to those areas m which we have expertise and have 1denl!fted areas of probable impact or ,on rs needed to properly assess !hrs proposal ¢/( /tl Date + >+-• CITY --.,F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator o~:I(~ ~ ..&l . :Po Kathy Keolker, Mayor ~1'\T'l"'O'-'y '------------------------------- June 15, 2007 C. Thomas Foster Langley Development Group, Inc. 6450 Southcenter Blvd # I 06 Seattle, WA 98188 Subject: Langley Ridge at May Creek Final Plat LUA07-059, FP Dear Mr. Foster: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at ( 425) 430-7278 if you have any questions, Sincerely, Michael Dotson Project Manager -------1-05_5_S_o_u_th_G_ra_d_y_W_a_y ___ R_e-nt-on-,-W-a-,h-i-ngt_o_n_98_0_5_7 ______ ~ @ This p;;iperoonta1ns 50% recycled material, 30% post oonsumer AHEAD OF THE CURVE . City of Renton LAND USE PERMIT !Ut;1 . MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: h,. ,,. ,, I" u Deue [op,·~,, 4' G--i''O(l,, { . ,( V I ,,?;OJECT_ OR DJ:;V'z,;.O_PMENT NAfE C _ . , k_ •'I '@l"J} AH <•tc: <['t /J1~.( -I<'. • L·,, ~ ;c,-<t--pp ADDRESS: &'-/.S) S,, ( H~J o&(· r-() iuc I 't:.f:= I ( ~1:' CITY: ZIP: c:: .-++ le "/cf/ J \ --> ( tL - PROJECT/leDRESS(S)/LOCATl?,N AN~IP CODE:~ ~i-1-. o :,f fYw--'{:};':1 I (J. ,oaJ be · ,1 C,oC/ I (,-eel< /-l 4 ,t .NE ~{, ·tJ... s-f-rc,.'.:f . A/"' t-flrt C) + N E :.2. <fth sf qf-c: ; 1.. .<; __ TELEPHONE NUMBER: .;)<J6 ,:;! (/ 'I e.,;22_ APPLICANT (if other than owner) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): c32..305Cfci3 c,323o5 'f.Z'-/7 032:,~fj'lo-11 c;3-:,..~n'51co2., '3r,t;2.4c,5<jt:77 3'1-2'fo5<jo(,d, C3Z.3c:S9-ill I ?,i/Z 'fe,5 <;c·1'° NAME: EXISTING LAND USE(S): ··,1 '°''1 /,· J, ,><. { l v' ~ f COMPANY (if applicable): PROPOSED LAND USE(S): ~-'-::,1n.-,le .{~!-, )'}1_ I, j , / V ' ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Kc,«f'" ''-'\ La_ I --)__('J, L, ,{):, v1_ S l -/-1 / ( CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if a_gplica,): ·{ C I ILf'Y_:, L · (:~ V'C · lt..'{_ ·--)..µ' .(.' Dev,Si Iv TELEPHONE NUMBER / EXISTING ZONING: j:_ ( CONTACT PERSON PROPOSED ZONING (if applicable): R--1 NAME: SITE AREA (in square feel): f1 lj i 3 , 144 e.' 7-;{,,,,, n <'-S -/-a.s f P ,--- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: (,o 9cc ::, ' =- 4 ¥l t,_J-( v /':J,,,,el,s!? m-t v--i G ,L'if.L-f") --1·. ( ADDifE:ss: ( ' . SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: _35 77'/ {:,c/ So "'xo "'-H, c e ,cf ·t' ,--/3/,._,,./ L:j· /c,; PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable): o I i'-. s ,. -+fie (:_.:::( 9t-11-s--NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: 3<./ .,;Jc:,{, d l/ '-( 6/2 2._ NUMBER OF NEW DWELLING UNITS (if applicable): ;z. s-- Q·. web/ pw/ d evserv/forms/ plarwing/ masterapp .doc 07/29/05 OJECT INFORMATION (co1 1ued) .---~~----~--,,,---,-------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (ii applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): ,q 76? SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: t...o~ iev /Z.~e a..+ "{Y\o<-l.-r· r-~~ f{( v o IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): O AQUIFER PROTECTION AREA ONE O AQUIFER PROTECTION AREA TWO O FLOOD HAZARD AREA o GEOLOGIC HAZARD O HABITAT CONSERVATION O SHORELINE STREAMS AND LAKES 0' WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE l'i.f= QUARTER OF SECTION ;L_, TOWNSH1p.23N, RANGE 5 C, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1 . 3. 2. 4. Staff will calculate applicable fees and postage: $ ' AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Cii{)nTfl 1-fo_s;~ J1<-, declare that I am (please check one) ~ current owner of the property involved in this application or __ the auHlorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the informatk>n herewith are in all respects true and correct to the best of my knowledge and belief. ~~ __ ;1-Cv fji- (Signature of Owner/Representative) (Signature of owner/Representative) Q:web/pw/devserv/forms/planning/masterapp.doc I certify that I know or have satisfactory evidence that C l \ t') n, nT. Fvs +e,.r J ~ . signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. 2 07129105 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME· + 1-· 12,., \:x., ,-~-· I q Vo\q r,c..I Ho / me' \ PROJECT OR DEVELOPMENT NAME: . /..;,M? !er (Z,&(l:: ,<..+-/Mc>'( Creek. ADDRESS: ;yE j(,-U s+rc~{ 5 "I I (,,_, PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: _2-,_:,,J·,1;\ ZIP: 9k-o c; i. TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): o 32.. 3n s· 'i' i u APPLICANT (ii other than owner) NAME: Thomas r·a..s /µ,--{'_ EXISTING LAND USE(S): S'1,. ale .(;11-1, Iv. V u COMPANY (if applicable): ..L.4· h C1 /..e V ,!),,,,_,, I., n,.,,.,,,d-Gr--c:,, 1 f) ~, -1-, c )~ ( ' ADD SS: C::, 4 Sc.1 c::,.,_, "+l..u /t" , Glvcl i;, /C G PROPOSED LAND USE(S): ·::....1 h '-,_ le -lr:,.:-,n; l...1 V V EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ?-e:.,,d..-evl-/-let../ _ )._c,i{..: u,,s, /y CITY: . · • ZIP: ::-:Cct.++le q,0; <s',J- PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): /:£..=-:..i&'e,.._fui:i/ ..L<--~i.LJ Q,,,.,s, ly TELEPHONE NUMBER Jo(, ,;,_ c.; v <D/Z Z_ EXISTING ZONING: f2 · I CONT ACT PERSON PROPOSED ZONING (if applicable): J? I NAME: 4,s/e,-(_' ._rl o .r?'l a '> SITE AREA (in square feet): 11 'fi?.3, I 1fl/ SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: C:.,o q 53 /v., ,, " /.,:, / f)p el, .uy,i ,-,,,,./ (,r,," ,J /, , SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRiss: ( ' . 3~,; 11"1 G<1 <C,{_} _>o ,,+k.r. ,de ,-1'3i,hf ~ /{_){ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable): ,Z-/ .Sea ·f I ft: 9f;J"t~ NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: 31/ NUMBER OF NEW DWELLING UNITS (if applicable): ;Jo{ _;) y' y C!/2.2., ;2. 8' Q: we b/pw/ de vscrv /forms/p lanniag/masterapp .doc 07129105 OJECT INFORMATION (co1 1ued) ,-----'..._ ____ ..L, __________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): &, SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (ii applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): jCf7t.,7 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: 0."'efi"'( /!,cff'-, ,1.f-/11<-'y ' ,--<J:_, k IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES 13" WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF SECTION 3 , TOWNSHIP;l.3/\I, RANGE5C: IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP (Signature of Owner/Representative) (Signature of Owner/Representative) Notary(Print) m,~\eYLQ. ~-S'o~D\/1 My appointment expires: 5' \ \ q I jQ Q: web/pw/ devserv/f orms/p lanning/masterapp .doc 2 07/29/05 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) F .t,rcc.( _Sh I r ley i ,,.-_--) ' . en ADDRESS: ,).5 ,·'.) 3 /'/_/: ZIP: ;7 J""c> -·, 'j TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: C rli~,,y;,, s COMPANY (if applicable): le n If' -e <e o /Jlt it b r-a, -/ ,.< ADDRESS: ~4Su 'S:.ill+kc f,(te, f3 lur1 ,tf , rt. CITY: Sc.a.-+-+ f C ZIP: TELEPHONE NUMBER ,_;J cvb .-2 </ cf C I .Z :Z.. CONTACT PERSON NAME: C ~ho,, · c -er COMPANY (if applicable): Q. web/ pw/ de vserv /forms/ pla nning/maslempp .doc PROJECT INFORMATION PROJECT OR DE)l~OPMENT NAME: , k._ ,:...CJ,~ley K, cfe <i.-f--/Jiay C r::e L.~ /1--Cc>S --cS-3 I=<" F y<y ' . PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CJ 3;z 30~-; '/2. </7 EXISTING LAND USE(S): "J;ni-1<" --(:,,,,,Iv V PROPOSED LAND USE(S): ':/1 r1_;i. /e J;. ·"' i I,/ --(' EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: 'V -1:.S. ,J; i) ·.-.A•<{ l --4-iL;'._l i_A'v\~;·{ / / PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if Eplicable): :+ . J·":,' d: ·<' ,C l "'-I ·-J,[J,.0 -L.)o,-1 S, iv ' EXISTING ZONING: (2-( PROPOSED ZONING (if applicable): R f SITE AREA (in square feet): ~ '-18:1, /4'1 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: ~o 1s.·_3 SQUARE FOOTAGE OF P~ATE ACCESS EASEMENTS: 35 77 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): f!--1 NUMBER OF PROPOSED LOTS (if applicable): 3'1 NUMBER OF NEW DWELLING UNITS (if applicable): ~ &-- 07/29/05 OJECT INFORMATION (co1 1ued) r---~----~-----,-------~ PROJECT VALUE '-41:J /ey ~cje:--, __ :i'.t; NUMBER OF EXISTING DWELLING UNITS (if applicable): c;;, ' IS THE SITE LOCATED IN ANY TYPE OF SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (ii applicable): ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 19 7G ·7 SQUARE FOOTAGE OF PROPOSED NON-RESIOENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE 0 AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION 0 SHORELINE STREAMS AND LAKES (jf WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE. QUARTER OF SECTION 3 , TOWNSHIP.:Z3i'I'. RANGE.5S IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP ~ . :5/urlic f, . I, (Print Namels) Bub-e r-1-/::;:. e,;1/j,/fo Bio 'd:Ja,e thal I am (please check one) ",£!he current owner of the property involved in this application or __ the aurized representative ~ct for a corporation (please attach proof of authorlzatior.) and that the fooegoing statements and answers herein contained and the infonnation herewith are in all respects true and correct to the ~st of my knowledge and belief. I certify that I know or have satisfactory evidence that At,b~;·t' i= (JJ...4y iX·N S1/IIIUY G,(~y.J>€tv / signed this instrument and acknowledged it to be his/her/their free and voluntary act for the ,, . 7 9 JA ~ , .,,../.' uses and purposes mentioned in the instrument. ~~ k' a-'d"/~ / {Signature of Owner/Reprnsentative) No (Signature of 0 Notary (Print) .f~kHf'.?r:J' .J'uvfH .fc/fll? Q·web/pw/devserv/forms/planning/masterapp.doc 2 07129105 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: I (' -r/,~J·····' ," )'/'1 d rt.I I C /vs/,-. V PROJECT OR DEVELOPMENT NAME: !kn,dev f:, d~e_ cr:.f--/1/c,._ v C r~'.i'_ k.. ADDRESS: .Qo:i,c/o SE ;;etl,, ~c:;lrec l CITY: . ZIP: =r::;_Sc, 1< t,ak Cf'f'c'7;L / u V ' V t PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: S:::< l ti.. '" -{ ; '-, E ,'"YI ti. L u ({ / (e,d-{2,:"' I 'cxd-iu~e YJ. { O'.l I C ree~' . _f't.,"cr C( de! IV F .,, tls/recf. 1,/c,,-1/'-J r/E c-1'(~/ qg-c,~ , ~- TELEPHONE NUMBER: .;)..al, </1f '.?'/9 / KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): c) _:;,2___305 C/o /3 APPLICANT (if other than owner) NAME: Fa, -f,:,-(' 7 ))c,,11,,' COMPANY (if applicable): ).q "' ,, ;,,. , Tl,. ·P /,;_;, ,.)1,· ., I r;, , .,,, ./) __2,., V I ' ADDRESS: (,,(/SO S,,, cd·k <' • ct<' r f3/.,,J .n 10G EXISTING LAND USE(S) S111L'J f .e ~I 011 /0· PROPOSED LAND uiE(S): SJJ'J"'L/~ /,',.,,, Iv '/ { EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: 12~"; ,ct.,~+,,, I --1-..ou.; .D,o.1s 1 /,/ { CITY:. __ ·-f-{ ie ZIP: ';lcf/ J-'J Sc,:t . PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if apf<licable} :+ . i L-Ot.LJ j)(' ,1 -;:t \/ ·r· e·i '-c I:' 1t..: l.:.t_ -- TELEPHONE NUMBER C . ..2c){, c). v r C/22_ EXISTING ZONING: FZ...-1 CONTACT PERSON PROPOSED ZONING (if applicable): f!.-l NAME: Tkin,v<e. ..c;.., "' -le r C SITE AREA (in square feet): I; '/fi.3, i</'f SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): L_41L4k'V j)e,;1("/,.,p/)'l{";·j 6,c,t;' )~ r: i~ I ' ADORE S: DEDICATED: c,o C/53 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 35 77.:j &'/5u S, ,c/ { CC 1ft fr BIA-( •; T.1, I:.·.(_. PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Sett-fie ZIP: C( rf'I ?SC- TELEPHONE NUMBER AND E-MAIL ADDRESS: ACRE (if applicable): /2-t NUMBER OF PROPOSED LOTS (if applicable): 3</ ,;i. <'.'.J (, .2 'I</ f!) 1;z._2, NUMBER OF NEW DWELLING UNITS (if applicable): :z g, Q:web/pw/devserv/forms/planning/masterapp.doc 07129105 OJECT INFORMATION (co1 1ued) ,--------''------~----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECTVALUE:lqn....!e,-14~/~ aiL-/J'l«v (T ( a -;,--, -,:.;e_ i.? ,, (, SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): i"l 7(,,, 7 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT(~ applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES ill"'WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE /YE QUARTER OF SECTION 3 , TOWNSHIP73'X RANGE 5-·~IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) {!./irJ-hrJ all d fi-14i!(J.f fi;J/vr' , declare that I am (please check one) ~e current owner of the property invoJved in this application or __ the a rized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the infonnation herewith are in all respects true and correct to the best o~ ~Y knowledge and ~lief.~ ~ 1 certify that I know or have satisfactory evidence that l!rt rrtm 4,/,{ Ma, / rn /J 1 / signed this instrument and acknowledged it to be his/he~ 01 free and voluntary ct for the '--~ zL??"':?~ ;La &; uses and purposes mentioned in the instrument (Signature of Owner/Representative) {Signature of Owner/Representative) Notary (Print)~110~~+-l1_1Lt_A_-_2_o_sm_1_ My appointment expires: __ S-_+I ~' -'1~/~/0 ___ _ Q: web/p w/ de vserv/forms/p lanning/masterapp.doc 2 07/29/05 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S} PROJECT INFORMATION NAME: fi,,;/?,--2:". ,1 ""' · 1'4_ r; 7,/' .::; / .... -~,£-JF:;, ,,:J',."\C ADDRESS: _30 { is' .TLu.../(.((() Ave /VE.. CITY: iZ-e ,de, "1 ZIP: </.f'cfS'/ PROJECT OR DEXELOPMENT NAME: L""'l /.e{ :z" ~(' ,,+ rt1c,y Cr<c'ck. L I-ms -e>P3 £-( ,~ , (JP PRO-ff_CT/JDRESS(S)/LOCATl~N AN)i?;IP CODE: Siu "' -SF rJ1ay l!a rfy ' ,,,_,/ k.,e_:lwe.~,? (<,,,./ Creek--fk-.._y +"~ 'r" C ' n k.. tlF ;z..r;,·t!--sfk< . ,:,,~ ;;.:f--~, ;=c-2-<I -r:_t s].. pfaSl TELEPHONE NUMBER: ;,_ob J-32 41:i..Cj KING COUNTY I\SSESSOR'S ACCOUNT NUMBER(S): 3'f ,Zif o s 'Io 11,,, APPLICANT (if other than owner) NAME: (' 771~,uer•,:; f?:, ', ft ' ---- EXISTING LAND USE(S): S1r;J le /J~n//y COMPANY (if applicable): kvz<-f /,...,,,. /L•, 1r' lo,:;,,=,· ufr {')rev, o __ ;-_ '1 . PROPOSED LAND USE(S): c· _ ,t, 1;,,.,,, ly "' 11 .. 114 ' , ' ADD ESS: Sn df-1,..f v '"°j v ,~ {(j so 6/J,/ ;i /C (. EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: f&'.-,&~.~~ ,«.I --~,c 0,•,-1.s, f, / I CITY: ZIP: s E:,·c_ +-+-le_ 'Yer /J'---J- PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (ij applicable): z-( J._c,.u u?,1s.1-l-y TELEPHONE NUMBER ,..J,c{, _;; if '-( 6/2-L EXISTING ZONING: ;,Z_ -( CONTACT PERSON PROPOSED ZONING (if applicable): ;? I NAM~: I co</~,.~ ( Ir/& •4' < SITE AREA (in square feet): )J 4&° ,'3,, i 4'-/ SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE C MP/;'JY (if appli :>ble): DEDICATED: C:,u "153 , "',/:.. /.e ,, f:, U(;:., /1::) /J .-?1 t"j\ .. _f 6rc1up I,,( A[ DRI. !' l-, ,~'-/ ~ff-(_ -e.cl t' ,--Blue/ rt:' ' ,: k~ t ---. ~ Cl~: i ~' , ZIP: .. sllll'.f t/J/8'/r , ~,.. j'4 ·" TErP,NE NUM~ RAND E-MAIL ADDRESS: /'/ C'/2.Z • ~,t: j SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: :S5 77</ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 'iZ----i NUMBER OF PROPOSED LOTS (if applicable): .3</ NUMBER OF NEW DWELLING UNITS (if applicable): 2~> Q: web/p wide vserv/forms/p laaning/masterapp .doc 07129105 I :OJECT INFORMATION (co 1ued) ,---~----~-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 0 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): /9 7r,,7 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES 1.rWETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq_ft, ___ sq.ft. ___ sq_ft_ ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF SECTION 3 , TOWNSHIP.;?31'/, RANGES E; IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP r. (Print Name/s) E '0? r t:1Me J~ ,wd IY}.;c,lr 1-{d,i~eclare that , am (please check one) V the current owner of the property involved in this application or --the authorized repre8ntative to act for a corporation (please attach proof orauthorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowtedge and belief. (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that . signed this instrument and acknowledged it to be his/her/their free an uses and purposes mentioned in the instrument. C Nora Public in and for the State of Washington (Signature of Owner/Representative) Q: web/pw/de vserv/forms/p lanniog/masterapp .doc My appointment expires: Lpt, &='fr 20 j I..> 2 07/29/05 'JEVELOPMENT SERVICES DIVISION WAIVE!. _1F SUBMITTAL REQUIR ..... ENTS FOR LAND USE APPLICATIONS i•·····•·•·•·•••·tt i;;~/;!'Jl~;IIIM!Tt~I~~Mmi'Ati••· n••••L••If -••·•·?WA1v1:.a· ··•· Hr.toolFiEon•• · 1R!;@JJ1Bflm§N!§trn r ·••······-···········_·gvi••.·· •···•·•····• •••t rait:r·· Neighborhood Detail Map 4 This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: DATE: Q:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalreqs_9-06.xls /j I(. I ..J ~-·' .; 09/06 DEVELOPMENT SERVICES D1VISl0'' WAl\i __ t OF SUBMITTAL REQU . :MENTS FOR LAND USE APPLICATIONS Stream or Lake Study, Supplemental 4 §tri!iipi\:t~fi'M!l?~PriR®I~ ii itll!li: lil!ilili::!lill Street Profiles 2 Tree Cutting/Land Clearing Plan 4 WEii1~eijji!iia~i 11Jiij.j13i~f1J·@1111 Utilities Plan, Generalized 2 iio/~ijtm!{l;!iiiiniemnt !fc!iJ9114 111 1r1 ;;11I1 : :; rI Wetlands Mitigation Plan, Preliminary 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 \ Lease Agreement, Draft 2 AND 3 // Map of Existing Site Conditions , AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: 4. Development Planning Secti_on Q:IWEB\PWIDEVSERV\Forms\Planninglwaiverofsubmittalreqs_9-06.xls 09/06 , ,/ MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants to be involved in helping you locate your mailboxes before construction begins. Please take a copy of your plat map along with this form to the City of Renton Post Office, 314 Williams Avenue South, for their sign-off. Please submit a signed copy of this form with your application. 1 /J ( r: 1 r ,,,. _ . /_ L~t,_,_'t IC-•:.-;,.L.. v1J ,. ?~ ~. ~ r::~~: ( / E Z l, :J; i--, .,. t ~f., Cl ~ IJ l?. Owner's Name: (A:Hcl-<-7. JJ...e\/'.t' [y!t tl.<i..-1hone Number: le>(,, S1 b c10fj I G, 'ht 't Land Use Application Number: _____ _ Post Office Approval: c~-('.\ t,,\,_/, -' ~!~,-,\J4Y\ Date: ~ · '· Q:\WEB\PW\DEVSERV\Forms\Planninglmailbox.doc /",,.., _ ____,, ~ DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 i. Gross area of property: 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: L ~ ~,-.) ~~ jZ.-t ?~'llNE) 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: square feet square feet le square feet 2. )'2~ fcldo square feet 3. __ v~--square feet ~-,· 4. _ _c__--'----acres 5. --·~?4:~~--units/lots 6. Divide line 5 by line 4 for net density: 6. = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R :\P\V\DEVSER V\Forms\Planning\densi ty .doc Last updated: 11/08/2004 I .. ITEM#3 CONFIRMATION OF CONDITIONS City of Renton PIB!PW Department ~liminary Report to the Hearing Examiner LUA-05-083, PP, ECF LANGLEY k/DGE@ MAY CREEK PREL11w/NARY Pl.AT P~BLIC HEARING DATE: November 29, 2005 Page 5 of 15 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERG) issued the following mitigation measures with the Determination of Non- Significance -Mitigated: 1. The applicant shall adhere to the recommendation of the geotechnical report prepared by Icicle Creek Engineers, Inc dated June 20, 2005 during site preparation and building construction. The Geotechnical recommendations were incorporated into the engineering plans and pond sizing. The final as-builts will provide certification from the Geotechnical Engineer on the actual infiltration rate on the pond. This condition will be satisfied upon submittal of final as-builts. 2. The applicant shall be required to perform all earthwork activities in the drier summer months (April -October) unless otherwise approved by the City's Development Services Division. The project was granted approval to work all year due to soil conditions and limited tree clearing. Condition has been satisfied. 3. The applicant shall install a silt fence along the down slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in conformance with the specifications presented in the Vol. II 2001 DOE Stormwater Management Manual. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. The erosion control for the project met the 2001 DOE standards; limited vegetation removal, silt fencing, swales, and a temp. pond were used. This condition has been satisfied. 4. Shallow drainage swales shall be constructed to intercept surface water fiow and route the flow away from the construction area to a stabilized discharge point. Vegetation grow1h shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the flow rates. The design and construction of the drainage swales shall conform to the specifications presented in the Vol. II 2001 DOE Stormwater Management Manual. Temporary pipe systems can also be used to convey stormwater across the site. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. Please note condition 3 above, this condition has been satisfied. 5. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on-site and off-site improvements as well as building construction. This condition is on-going and is being met. 6. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. The contractor has provided (and has on staff) a certified DOE erosion control expert, the erosion control reports have been provided to the City from the Certified DOE expert provided by Frontier Construction. This condition is being met and is on-going. 7. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. The erosion control is currently still in operation, prior to final plat recording, certification will be provided. 8. The applicant shall comply with the recommendations contained within the Wetland, Stream and Habitat Study dated June 30, 2005 prepared by Altmann Oliver Associates, LLC in regards to wetland and stream maintenance, monitoring and construction of the project. The recommendations within this report were incorporated into the design of the project. This condition has been met. HEXRPTOS-083 City of Renton P/8/RN Department iliminary Report to the Hearing Examiner LUA-05-083, PP, ECF LANGLEY HIDGE@ MAY CREEK PRELl,>1/NARY PLAT Pl:iBLIC HEARING DATE: November 29, 2005 Page 6 of 15 9. This project shall be subject to the 2005 King County Surface Water Analysis and Design Standards. This condition has 0een met upon approval of the civil construction drawings. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. This fee will be paid prior to final plat recording. 11. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. This fee will be paid prior to final plat recording. 12. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new single- family lot prior to the recording of the final plat. This fee will be paid prior to final plat recording. 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: HEXRPTD5-083 Approval of a preliminary plat is based upon several factors. The following preliminary plat criteria have been established to assist decision-makers in the review of the subdivision: (a) Compliance with the Comprehensive Plan Designation. The subject site is designated Residential Low Density (RLD) on the Comprehensive Plan Land Use Map. The RLD designation is intended to promote a range of low intensity residential where land is either constrained by sensitive areas or where the City has the opportunity to add larger-lot housing stock to its inventory. The proposal is consistent with the RLD designation in that it would allow for the future construction of new single-family homes and protect critical areas. The proposal is consistent with the following Comprehensive Plan Land Use, Community Design, Environmental and Housing Element policies: Land Use Element Objective LU-DD. Provide for a range of lifestyles and appropriate uses adjacent to and compatible with urban development in areas of the City and Potential Annexation Area constrained by extensive natural features, providing urban separators and !or providing a transition to Rural Designations within King County. The project would create 34 residential lots on a recently annexed parcel with critical areas. Policy LU-138. To provide for more efficient development patterns and maximum preservation of open space, residential development may be clustered and/or lot sizes reduced within allowed density levels in Residential Low Density designations. The proposal is for cluster lots with overall density based on gross site area. Policy LU-142. Undeveloped portions of Residential Low Density areas may be considered for designation of trail easements or other public benefits through agreements with private parties. Within the dedicated non-revocable open space tracts, the proposal would create an easement for a future pedestrian trail through the open space tracts, connecting to the north/south and east/west tying the trail to future adjacent residential projects and public right-of-ways. Housing Element City of Renton PIB!f'YI Department eliminary Repo,t to the Hearing Examiner LUA-05-083, PP, ECF LANGLEY'RIDGE@ MAY CREEK PREw/1/NARY PLAT P'.JBLIC HEARING DATE: November 29, 2005 Page 1~ :,f 15 shaped area. The code allows the Reviewing Official to modify the open space configure/ion based on one of the following criteria: 1. Site specific data confirms that the adopted Contiguous Open Space Corridor ,,iap includes more than the required gross area for any parcel, or 2. The applicant can demonstrate a configuration of contiguous open space that provides better or equal provision of the open space requirement. The applicant is providing greater than 50% of open space for the development and complying with the Urban Separator Overlay regulations. Additionally, the area of slight modification occurs where construction of structures were already issued by King County prior to annexation. Therefore, staff supports the request for modification to the mapped contiguous open space. H. RECOMMENDATION: Staff recommends approval of the Langley Ridge at May Creek Preliminary Plat, Project File No. LUA- 05-083, PP, ECF subject to the following conditions: 1. The applicant shall provide revised plan showing the net square footage demonstrating compliance for lot area for any lot impacted by an access easement (Lots 14, 30, 31, 32 and 33). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. The final lot closure calculations will demonstrate the lot areas o-f all lots meet the net square footage requirements. The closure calculations are provided as part of the final plat submittal. 2. The applicant shall ensure all open space area including buffer impacted during construction shall be restored and enhanced if required prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to final plat. A landscape plan has been provided and approved for re-vegetation of the disturbed open space. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared private improvements of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. A draft HOA documents will be provided as part of the final plat submittal. 4. The applicant shall establish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street and public street. Additionally, these easements shall be posted for "No Parking" along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdivision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. This condition has been satisfied by approval of the construction plans, signs will be installed as indicated above. 5. The applicant shall record a public 15-foot wide pedestrian trail easement across Tracts A, B and C. A note shall be placed on the face of the plat. The trail shall be for future construction by the City to be accessible to the public These requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. The Parks Dept. has provided no indication of the location of a trail; discussions with the Parks Dept. since July 2006 has yet to yield a trail route, THEREFORE, a note of the final plat in reference to the open space tracts -will state that the "Renton Parks Department has the right to construct a trail". 6. The Open Space Tracts A, B, C and D shall be posted with signs indicating the area as Non- revocable Open Space and site for a future public trail connection. The maintenance agreement HEXRPTD5-083 City of Renton PIEJIP./V Department LANGLEY ~/OGE@ MAY CREEK PREL!..,/NARY PLAT Pb'BLIC HEARING DATE: November 29, 2005 ~liminary Report to the Hearing Examiner LUA-05-083, PP, ECF Page 15of15 and responsible party(ies) shall be noted on the face of the plat and added to the CC &R's. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. The notes have been added to the face of the final plat map. 7. The establishment of Native Growth Protection Areas containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. The notes have been added to the face of the final plat map. 8. The applicant shall provide documentation that any decommissioned wells are in compliance with code. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. There were no wells on the project that were to be decommissioned, therefore this condition is has been met. EXPIRATION PERIODS: Preliminary Plats (PP): If the final plat is not filed within five (5) years from the date of approval, the preliminary plat shall be null and void. HEXRPlD5-083 108964542190405070 05/04/2007 HTJ>S is a service provided FREE by the U.S. Department of the Treasury. LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION 20840 S E 118TH STREET ISSAQUAH, WA 98027-0000 lo aci:1vate 1101w l:JH•:1 "111•ut1mr.,,1,· ,. ,··ii. II"~ • ' ~, , -,f j .• 1-800-555-3453 EIN **-***9916 Welcome to EFTPS-(Electronic Federal Tax Payment System) When you were assigned your Employer Identification Number (EIN), you were enrolled in EFTPS to make your Federal Tax Deposits online or by phone. To make your deposits, you will inst.met EFrPS to transfer funds from your bank account to Treasury. Now you need to activate your ennillmcnt by supplying EFfPS with your bank account infomrntion and phone number. The enclosed brochure gives you the steps required to activate your enrollment. Please read it carefully. <~'."' J rjjz.i 11 • 44t!·lr 6 /•di§, 1 Hdi 1 //.Ir•,·)' 1,, I·! ;£,,'~":~c}. 8282 This PIN should he kept in a saJf: place and 1w! .1/iorcd 1\'ith unauthorized individuals. You will need to have this PIN, your EIN, and bank account information handy when you call to activate your enrollment. If you have any que.stions, please call EFrPS Customer Service, 24 hours a day, 7 days a week: l-800-555-4477. Regards, U ,S. Department of the Treasury EFTPS Enrollment Processing >_"_·_·_~;. F-r'l'PS® ·::jtgl:J -J · -· ' ' E/ectrori,c Feder a! lax Pavment Sys rem ErTPS is a service rrovided FREE by the U.S. Department of the Treasury. EFTPS Enrollment Processing Center PO. Box 173788. Oenvec CO 802/7,3788 EE.6-05 • ARTICLES OF l:'ICORPORATION OF LANGLEY RIDGE at MAY CREEK HOMEO\VNERS ASSOCIATION LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation, for the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation: ARTICLE 1. NAME The name of the corporation is LA\JGLEY RIDGE at MAY CREEK Homeowners Association. ARTICLE 2. DURATION The Association shall have perpetual duration. ARTICLE 3. PURPOSES AND POWERS 3.1 The Association does not contemplate pecuniary gain or profit, direct or indirect, to its members. In way of explanation and not of limitation, the purposes for which the Association is formed are: 3.1.1 To be and constitute the Association to which reference is made in the Declaration of Covenants, Conditions and Restrictions for LANGLEY RIDGE at MAY CREEK (hereinafter the "Declaration"), recorded or to be recorded in the Records of King County, Washington, to perform all obligations and duties of the Association, and to exercise all rights and powers of the Association, as specified therein, in the Bylaws of the Association ("Bylaws") as adopted by the Board of Directors of the Association, and as provided by law; and 3.1.2 To provide an entity for the furtherance of the interests of the Owners in the development. 3 .2 In furtherance of its purposes, the Association shalJ have the following powers, which, unless indicated otherwise by the Declaration or Bylaws, may be exercised by the Board of Directors: 3.2.1 All of the powers conferred upon nonprofit corporations by common law and the statutes of the State of Washington in effect from time to time; Articles of Incorporation Page I 3.2.2 All of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles, the Bylaws, or the Declaration, including, without limitation, the following: (i) To adopt and amend budgets for revenues, expenditures and reserves and impose and collect assessments or other charges to be levied on members; (ii) To manage, control, operate, maintain, repair, and improve property subjected to the Declaration or any other property for which the Association by rule, regulation, declaration, or contract has a right or duty to provide such services; (iii) To enforce covenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or Bylaws; (iv) To engage in activities which will actively foster, promote, and advance the common interests of" all owners of property subject to the Declaration; (v) To buy or otherwise acquire, sell, or otherwise dispose of, mortgage, or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real. personal, and mixed property of all kinds and any right or interest therein for any purpose of the Association; (vi) To borrow money for any purpose; (vii) To enter into, make, perform, or enforce contracts of every kind and description, and to do all other acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other association, corporation, or other entity or agency, public or private; and (viii) To adopt, alter, and amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such Bylaws may not be inconsistent with or contrary to any provisions of the Declaration. 3.3 The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers speciftcd in each of the paragraphs of this Article 3 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provisions of this Article 3. Articles of Incorporation Page 2 ARTICLE 4. MEMBERSHIP The Association shall be a membership corporation without certificates of shares of stock. Each Owner of a Lot (as such capitalized terms are defined in the Declaration) subject to the Declaration is a member and shall be entitled to vote as set forth herein and in the Declaration and the Bylaws. Membership in the Association shall consist exclusively of Lot Owners. ARTICLE 5. BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed, and controlled by a Board of Directors. The Board shall initially consist of one(!) director. The name and address of the initial member of the Board of Directors is as follows: C. Thomas Foster 6450 Southcenter Blvd. Suite I 06 Seattle, Washington 981 88 The number of directors may be increased or decreased from time to time by amendment to or in the manner provided for in the Bylaws. The method of election, term of office, removal and filling of vacancies shall be as set forth in the Bylaws. The Board may delegate its powers to operate the Association to such companies, individuals, or committees as it, in its discretion, may detem1ine. ARTICLE 6. LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act pem1its the elimination or limitation of liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE 7. DISSOLUTION The Association may be dissolved only upon a resolution duly adopted by the Board of Directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Dcclarant owns any property subject to the Declaration. Upon dissolution of the Association, so long as the United States Vetera11S Administration ("VA") is guaranteeing and/or the United States acting through the Department of Housing and Urban Development ("HUD") is insuring any mortgage in the Development, and unless otherwise agreed in writing by HUD or VA, as applicable, any remaining real property assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. ln the event that such dedication is refused acceptance, such assets shall be granted, conveyed and Articles of Incorporation Page 3 assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. No such restriction shall exist if VA is not guaranteeing and HUD is not insuring any mortgage in the Development; provided, however, HUD and/or VA shall be notified of such dissolution. ARTICLE 8. MERGER AND CONSOLIDATION The Association may merge or consolidate only upon a resolution duly adopted by the board of directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. ARTICLE 'J AMENDMENTS These Articles may be amended only upon a resolution duly adopted by the Board of Directors and the affirmative vote of at least two-thirds (2/3) of the total eligible votes of the members. ARTICLE 10. Il\CORPORATOR The name and address of the sole incorporator is Langley Development Group, Inc., 6450 Southcenter Blvd. Suite 106, Seattle, Washington 98188. ARTICLE 11. REGISTERED AGENT AND OFFICE The initial registered agent and office of the Association is Paul Brain, Esq. located at 601 Union Street, Suite 5450, Seattle, Washington 98101. The undersigned duly-authorized officer of the incorporator has signed these Articles o fin corporation at Seattle, Washington, on this _ day of , 2007. Articles of Incorporation LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation By C. Thomas Foster Its President Page 4 CONSENT TO SERVE AS REGISTERED AGENT Paul Brain, Esq. hereby consents to serve as Registered Agent, in the State of Washington, for Langley Ridge at May Creek Homeowners Association. It is understood that as agent for the Association, Paul Brain, will have the responsibility to receive service of process in the name of the Association; to forward all mail lo the Association; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the Association for which it is agent. Date By Paul Brain Address: Ater Wynne 601 Union Street, Suite 5450 Seattle, Washington 98101 Articles of Incorporation Page 5 BYLAWS OF LANGLEY RIDGE at MAY CREEK HOMEOWNERS ASSOCIATION ARTICLE 1 NAME, MEMBERSHil', DEFINITIONS 1.1 NAME. The name of the Association shall be LANGLEY RIDGE at MAY CREEK Homeowners Association ("Association"). 1.2 MEMBERSHil'. The Association shall have one (1) class of membership, as is more fully set forth in that Declaration of Covenants, Conditions, Easements and Restrictions for the Plat of Langley Ridge at May Creek as amended from time to time ("Declaration"), the terms of which pertaining to membership are specifically incorporated by reference herein. 1.3 DEFINITIONS. The words used in these Bylaws shall have the same meaning as set forth in the Declaration. unless the context shall prohibit. ARTICLE2 ASSOCIATION: MEETINGS. QUORUM, VOTING, PROXIES 2.1 TIME AND PLACE OF MEETINGS. A meeting of the Association shall take place at least once each year. Meetings shall be held at the principal office of the Association or at such other suitable place and time convenient to the members as may be designated by the Board of Directors. Notice of any required annual or special meeting shall be provided as set forth in Section 2.3 below. 2.2 SPECIAL MEETINGS. The President may call special meetings. ln addition, it shall be the duty of the President to call a special meeting of the Association if so directed by resolution of the Board of Directors or upon a petition signed by at least ten percent (10%) of the Owners. The notice of any special meeting shall state the date, time, and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting, except as stated in the notice. 2.3 NOTICE OF MEETINGS. The Secretary shall mail or to cause to be delivered to the Owner of each Lot (as shown in the records of the Association) a notice of each Bylaws Page I U:\rOM\HYl.A 1N WAJ.angleyRidge.doc annual or special meeting of the Association stating the time and place where it is to be held and the purpose thereof. If an Owner wishes notice to be given at an address other than the Lot, the Owner shall designate by notice in writing to the Secretary such other address. The mailing or delivery of a notice of meeting in the manner provided in this Section shall be considered service of notice. Notices shall be served not less than fourteen (14) nor more than sixty (60) days before a meeting. 2.4 WAIVER OF l\OTICE. Waiver of notice of a meeting of the members shall be deemed the equivalent of proper notice. Any member may, in writing, waive notice of any meeting of the members, either before or after such meeting. Attendance at a meeting by a member, whether in person or by proxy, shall be deemed waiver by such member of notice of the time, date, and place thereof, unless such member specifically objects to lack of proper notice at the time the meeting is called to order. 2.5 ADJOURNMENT OF MEETINGS. If any meetings of the Association cannot be held because a quorum is not present, a majority of the members who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the time the original meeting was called. At such adjourned meeting at which a quorum is present. any business which might have been transacted at the meeting originally called may be transacted without further notice. 2.6 VOTING. The voting rights of the members shall be as set forth in the Articles ofincorporation and the Declaration, and such voting rights are specifically incorporated herein. 2.7 PROXIES. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of such member's Lot, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a member, or of written revocation, or upon the expiration of eleven (11) months from the date of the proxy. 2.8 QUORUM. The presence, in person or by proxy, of twenty percent (20%) of the Owners shall constitute a quorum at meetings of the Association. The members present at a duly called meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of members leaving less than a quorum. ARTICLE 3 BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS 3.1 GOVERNING BODY; COMPOSITION. The affairs of the Association shall be governed by a Board of Directors. Except as provided in Section 3.2 of this Article, the directors must reside in Langley Ridge at May Creek and must be members of the Association. Bylaws Page 2 3.2 DIRECTORS APPOINTED BY DECLARANT. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until te1111ination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declara11t such authority to appoint and remove directors and officers of the Association. The directors selected by the Declarant need not be Owners or residents in Langley Ridge at May Creek. 3.3 NUMBER OF DIRECTORS. The Board shall initially consist of one (I) member. Upon termination of the Development Period, the Board shall consist of three (3) members, elected by the Owners as provided in Section 3.5 of this Article 3; provided, however, that the number of directors may be increased or decreased by an amendment to these Bylaws. 3.4 NOMINATIOJ\ OF DIRECTORS. Elected directors shall be nominated from the floor and may also be nominated by a nominating committee, if such a committee is established by the Board. All candidates shall have a reasonable opportunity to communicate their qualifications to the members and to solicit votes. 3.5 ELECTION AND TERM OF OFFICE. Owner-elected directors shall be elected and hold office as follows: (a) After the Declarant's right to appoint directors and officers terminates, the Association shall call a special meeting to be held at which Owners shall elect three (3) directors. (b) At annual meetings of the membership thereafter, directors shall be elected. All eligible members of the Association shall vote on all directors to be elected, and the candidate(s) receiving the most votes shall be elected. InitialJy, the tenn of one (1) director shall be fixed at one (1) year, the term of two (2) directors shalJ be fixed al two (2) years, and each candidate shall declare for which seat he or she is running. At the expiration of the initial te1m of office of each respective Owner-elected member of the Board of Directors, a successor shall be elected to serve for a term of two (2) years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association. 3.6 REMOVAL OF DIRECTORS. At any regular or special meeting of the Association duly called, any one ( 1) or more of the members of the Board of Directors may be removed, with or without cause, by a majority of the Total Association Vote and a successor may then and there be elected to fill the vacancy thus created. A director whose removal has been proposed by the Owners shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any director who has three (3) consecutive w1excused absences from Board meetings or who is delinquent in the payment of" an assessment for more than thirty (30) days Bylaws Page 3 may be removed by a majority vote of the remaining directors at a meeting. This Section shall not apply to directors appointed by Declarant. 3.7 VACANCIES. Vacancies in the Board of Directors caused by any reason, excluding the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining directors, even though less than a quorum, at any meeting of the Board of Directors. Each Director so selected shall serve the unexpired portion of the term. 3.8 ORGANIZATION \1EETINGS. The first meeting of the Board of Directors following each annual meeting of the membership shall be held within ten (10) days thereafter at such time and place as shall be lixed by the Board. 3.9 REGULAR MEETINGS. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the directors, but at least four (4) such meetings shall be held during each fiscal year with at least one ( 1) per quarter. Notice of the regular schedule shall constitute sufficient notice of such meetings. 3.10 SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when requested by the President. Vice President or by any two (2) directors. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each director by one of the following methods: (a) by personal delivery; (b) written notice by first-class mail, postage prepaid; (c) by telephone communication, either directly to the director or to a Person at the director's home or office who would reasonably be expected to communicate such notice promptly to the director; (d) by facsimile to the director's home or office; or ( e) by commercial delivery service to the director's home or office. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the Association. Notices sent by first-class mail shall be deposited into a United States mailbox at least l,1ur (4) days before the time set for the meeting. Notices given by personal delivery, telephone, or facsimile shall be given at least forty-eight (48) hours before the time set for the meeting. 3.11 WANER OF NOTICE. The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if ( a) a quorum is present, and (b) either before or after the meeting, each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 3.12 QUORUM OF BOARD OF DIRECTORS. At all meetings of the Board of Directors, a majority of the directors shal I constitute a quorum for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. Bylaws Page 4 3.13 COMPENSATION. No director shall receive any compensation from the Association for acting as such. 3. 14 OPEN MEETINGS. Except as otherwise pennitted by law, all meetings of the Board shall be open for observation to all members and their authorized agents. The Board shall keep minutes of all actions taken by the Board, which shall be available to all members. 3. 15 EXECUTIVE SESSION. Upon affinnative vote in open meeting to assemble in closed session, the Board may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation. matters involving possible violations of the governing documents of the Association, and matters involving the possibility liability of an Owner to the Association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The Board shall restrict the consideration of matters during the closed portions of the meeting only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board, following the closed session, reconvenes an opening meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this SLtbsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. 3.16 ACTION WITHOUT A FORMAL MEETING. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors. 3.17 TELEPHONIC PARTICIPATION. One (1) or more directors may participate in and vote during any regular or special meeting of the Board by telephone conference call or similar communication equipment, and those directors so participating shall be deemed present at such meeting. Any such meeting at which a quorum participates shall constitute a meeting of the Board. 3.18 POWERS. The Board of Directors shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association's affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles, or these Bylaws directed to be done and exercised exclusively by the members. In addition to the duties imposed by these Bylaws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to and shall be responsible for the following, in way of explanation, but not limitation: Bylaws (a) preparation and adoption of an annual budget in which there shall be established the contribution of each Owner to the common expenses; Page 5 (b) making assessments to defray the common expenses and establishing the means and methods of collecting such assessments; ( c) providing for the operation, care, upkeep, and maintenance of all areas which arc the maintenance responsibility of the Association; (d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the performance of their duties; ( e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association; (f) making and amending rules and regulations; (g) opening of bank accounts on behalf of the Association and designating the signatories required; (h) enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it, and bring any proceedings which may be instituted on behalf of or against the Owners concerning the Association; (i) obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof; (j) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, and specifying the maintenance and repair expenses and any other expenses incurred; and (k) contracting with any person for the performance of various duties and functions. 3.19 MANAGEMENT AGEKT. The Board of Directors may employ for the Association a professional management agent or agents at a compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall authorize. The term of any management agreement shall not exceed one (1) year and shall be subject to tennination by either party, without cause and without penalty, upon ninety (90) days' written notice. 3.20 BORROWING. The Board of Directors shall have the power to borrow money without the approval of the members of the Association; provided, however, the Board Bylaws Page 6 shall obtain membership approval in the same manner as for special assessments, in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities, or the total amount of such borrowing exceeds or would exceed Five Thousand Dollars ($5,000.00) outstanding debt at any one time. 3.21 FINING PROCEDURE. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is follows: (a) Notice. Written notice shall be served upon the violator specifying: (i) the nature of the violation and the fine imposed; (ii) that the violator may, within ten (I 0) days from the date of the notice, request a hearing regarding the fine imposed; (iii) the name, address and telephone numbers of a person to contact to challenge the fine; (iv) that any statements, evidence, and witnesses may be procured by the violator at the hearing; and (v) that all rights to have the fine reconsidered are waived ifa hearing is not requested within ten (10) days of the date of the notice. (b) Hearing. If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. ARTICLE 4 OFFlCERS 4.1 OFFICERS. The officers of the Association shall be a President, Vice President, Secretary, and Treasurer. Any two (2) or more offices may be held by the same person, excepting the offices of President and Secretary. The President and Treasurer shall be elected from among the members of the Board of Directors. 4.2 ELECTION, TERM OF OFFICE, AND VACANCIES. Except during the period in which the Declarant has the right to appoint the officers of the Association under Article 3, Section 3.2 of these Bylaws, the officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board of Directors following each annual meeting of the members. A vacancy in any office arising because of death, resignation, removal, or otherwise may be filled by the Board of Directors for the unexpired portion of the term. Bylaws Page 7 4.3 REMOVAL. Any officer may be removed by the Board of Directors whenever, in their judgment, the best interests of the Association will be served thereby. 4.4 PRESIDENT. The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board of Directors. The President shall have all the general powers and duties which are incident to the office of the president of a corporation organized under the Washington Nonprofit Corporation Act. 4.5 VICE PRESIDENT. The Vice President shall act in the President's absence and shall have all powers, duties, and responsibilities provided for the President when so acting. 4.6 SECRET ARY. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors and shall have charge of such books and papers as the Board of Directors may direct and shall, in general, perform all duties incident to the office of the secretary of a corporation organized in accordance with Washington law. 4. 7 TREASURER. The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable effects in the name of the Association or the managing agent in such depositories as may from time to time be designated by the Board of Directors. 4.8 RESIGNATION. Any officer may resign at any time by giving written notice to the Board of Directors. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. ARTICLE 5 COMMITTEES Committees to perform such tasks and to serve for such periods as may be designated by the Board are hereby authorized. Each committee shall be composed and shall operate in accordance with the terms of the resolution of the Board of Directors designating the committee or with rules adopted by the Board of Directors. ARTICLE 6 MISCELLANEOUS 6.1 FISCAL YEAR. The fiscal year of the Association shall be the calendar year unless otherwise determined by resolution of the Board. Bylaws Page 8 . .. 6.2 PARLIAMENTARY RL:LES. Robert's Rules of Order (current edition) shall govern the conduct of all Association proceedings, when not in conflict with Washington law, the Articles of Incorporation, the Declaration, or these Bylaws. 6.3 CONFLICTS. If there arc conflicts or inconsistencies between the provisions of Washington law, the Articles of Incorporation, the Declaration, and these Bylaws, the provisions of Washington law, the Declaration, the Articles of Incorporation and the Bylaws (in that order) shall prevail. 6.4 AMENDMENT. These Bylaws may be amended by the Board of Directors (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to the Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal l\ational Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to the Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to the Declaration. In addition, these Bylaws may be amended upon the affirmative vote or written consent, or any combination thereof, ofat least two-thirds (2/3) of the Owners. CERTIFICATE OF ADOPTION The undersigned, being the Secretary of LANGLEY RIDGE at MAY CREEK HOMEOWNERS ASSOCIATION, hereby certifies that the foregoing is a true and correct copy of the Bylaws adopted by resolution of the Board of Directors of the Association on -------' 2007. Bylaws LANGLEY RIDGE at MAY CREEK HO'v!EOWNERS ASSOCIATION By -------------- lts Secretary Page 9 I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 5/1/2007 UBI Number: 602-721-829 APPID: 843476 Given under my hand and the Seal of the State of Washington at Olympia. the State Capital Sam Reed, Secretary of State State of Washington Secretary of State 602 721 829 FILED SECRETARY OF STATE SAM REED CORPORATIONS DIVISION James M. Dolliver Building 801 Capitol Way South MAY 1, 2007 STATE OF WASHINGTON PO Box 40234 Olympia WA 98504-0234 360.753.7115 Application for NonProfit Corporation Office Information Application ID 843476 Tracking ID 1290985 Validation ID 1052602-00 I Date Submitted for Filing: 5/1/2007 Contact Information Contact Name DWAYNE BAKER Contact Address 6632 SO. 191 ST. STREET, STE E- ISSAQUQH WA 98032 Contact Email dwayne@dwaynebakeraccounting.com Contact Phone 425-251-8360 Articles of Incorporation Preferred Name LANGLEY RIDGE AT MAY CREEK HOMEOWNERS AS SOCIA TJON Purpose HOME OWNERS ASSOCIATION Duration Perpetual Incorporation Date Effective Upon Filing by the Secretary of State Expiration Date 5/3 I 12008 Distribution of Assets TO A LIKE KIND HOME OWNERS ASSOCIATION Registered Agent Information Agent is Individual Agent Name DWAYNE BAKER Agent Street Address 6632 so. 191stpl. ste Ee-103 KENT WA 98032 Agent Mailing Address Sarne as Street Address Agent Email Address dwayne@dwwaynebaker.com Submitter/Agent Relationship Submitter is Registered Agent Initial Directors Information Director #I Director Name C. THOMAS FOSTER Title Director Director Address 20840 SE 118TH STREET ISSAQUAH WA 98027 Incorporators Information Incorporator #1 Incorporator Name OW A YNE BAKER lncorporator Address 6632 so. 191st street e-103 KENT WA 98032 Signature Information Signed By OW A YNE BAKER After Recording Return to: C. Thomas Faster 6450 Southcenter Blvd. #106 Seattle, WA. 98188 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF LANGLEY RIDGE AT MAY CREEK DOCUMENT TITLE: COVENANT GRANTOR: LANGLEY DEVELOPMENT GROUP, INC. GRANTEE: LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION. LEGAL DESCRIPTION: ASSESSOR'S PARCEL NUMBERS - 1 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF LA:\TCLEY RIDGE AT MAY CREEK THIS DECLARATION is made on this 51 1; day of July, 2005, by Langley Development Group, Inc. a Washington Corporation, owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hcrcaller made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Langley Ridge at May Creek, Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws" shall refer to the Bylaws of the Langley Ridge at May Creek Homeowners Association. 2 . I. 1.4 "Comi Areas .. shall mean any and all real ar . ,ersonal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. I. 1.5 "Community .. shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard .. shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. I. I. 7 "Declarant .. shall mean and refer to C. Thomas Foster and his successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant .. hereunder by the grantor of such conveyance, which grantor shall be the "Declarant .. hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat. I. 1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles oflncorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. I. 1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. I. 1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 3 1.1.13 "Occu1 ' shall mean any Person occupying al any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Plat" shall mean and refer to the approved plat of Langley Ridge at May Creek contained therein recorded at Volume ____ , page to under King County recording number _____________ _ 1.1.1 7 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Dcclarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: Upon recording of the Plat, the property shall be known as: LOTS 1 THROUGH 34, INCLUSIVE, AND TRACTS A, B, C AND D OF LANGLEY RIDGE AT MAY CREEK AND THE COMMON AREAS SHALL BE Tract A, B AND C SHALL BE Open Space Tracts, nnless otherwise noted by the Declarant, shall be owned and maintained by the Associations. Tract C shall be a Stormwater Detention and Water Quality Tract that is owned and maintained by the Association and is subject to an easement to the City of Renton for access. The Association is responsible for tbc maintenance of all private storm drain and detention facilities within Tract C. (Lots 32, 33, and 34 are specifically excluded from this Declaration) 4 • ARTICLE 3 LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period. the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (I) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (I) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves detcm1inc and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one ( l) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that whic.h is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perfom1 its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design 5 Gvidelines may provide for a iew fee. Copies of the Design Guide ____ s shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (I) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. The Declarant has named C. Thomas Foster, whose address is 6450 Southcenter Blvd. Suite 106, Seattle, Washington 98188 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIA TJON ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR AJ\iY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bvlaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the 6 Community, provided that su ,ylaws, rules and regulations shall no. ~~ inconsistent with this Declaration and shall apply unifom1ly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and rcgL1lations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) ammal assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate pem1itted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 7 4.2.4 Annua sessments shall be levied equally on a .. ~ots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for ( a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4. 7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten ( I 0) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid 8 within ten (10) days followin~ e due date. If the assessment is not p within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personaIJy, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpavment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subj eel to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of 9 this Declaration and the costs naintenancc performed by the Associ n for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. assessments by the Association. The Common Areas shall be exempt from 4.12 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by the first Owner to working capital of the Association in an amount equal to ______ _ Dollars ($ ). This amount shall be in addition to, not in lieu of, the annual assessment and shall not be considered advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and distributed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Asssociation pursuant to this Declaration and the Bylaws. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in A11icle 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain all stormwater detention and drainage facilities, wetland tract, and private streets as shown on the recorded plat. If the streetlights are installed but not dedicated the City of Renton and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit alJ Owners. The Association shall have the right, but not the obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining propeI1y owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. ln the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner. the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 10 5.4 Owner's Res1 ibi!itv. 5.4.1 Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration The Owners of Lots 33 and 34 are advised that they are responsible for maintenance of the Fire Access Road north of the Storm water Detention Pond. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten ( 10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.4.2 Upon the recording of the Plat(s) the Common Area Tracts, unless otherwise noted by Declarant, wi II be granted and conveyed to the Association. Ownership and Maintenance of the Common Area(s) shall be the responsibility of the Association. In the event the Association is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this Community shall assume and have an equal and undivided ownership interest in the Common Areas previously owned by the Association and shall have the attendant financial and maintenance responsibilities. 5.5 Conveyance of Common Areas by Declarant to Association. The Common Areas were conveyed to the Association on the recorded plat. The Association accepted the conveyance and the Common Areas are now to be maintained by the Association. The Common Areas arc subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. i I 5.6 Further Rest1 ons on Common Areas. If any Cm ,n Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 2,300 gross square feet ofliving space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,600 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, 12 w(thin six (6) months after th .te of commencement of construction. 1 front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage pattern initially installed and constructed Declarant or Residential Developer/Builder, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.4 Existing Residences. The existing residence on Lots 19, 20, 30, 32, 33 and 34 were constructed prior to recording this Declaration and does not conform to all of the provisions of this Article. The existing residence shall be exempt from the provisions of Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished, or substantially damaged by catastrophe, in which case any new construction placed on Lots 19, 20, 30, 32, 33 and 34 shall conform to the provisions of these subsections. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs 13 including, without limitation, _ Gs related to Dcclarant's developmen d marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight ( 48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one ( 1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehic Jes being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term ofat least three (3) months. All leases shall require, without limitation, that the 14 tepant acknowledge receipt o the Association. opy of the Declaration, Bylaws, and s and regulations of 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a paiiicular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 15 6.14 Antennas. N, evision or radio antenna, tower, sate! dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit ofDec]arant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge or shrub planting shall be placed or pem1itted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not he allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not he burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of fireanns in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be pem1itted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached 16 to the home. No fixtures whi, luminate and excessively glare onto a , other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are pem1itted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the U.S. Postal Service or ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, ifrcasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined 17 single limit of at least One M the Board. ,n Dollars ($1,000,000.00) unless oth ise determined by 7 .1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for 18 the Association's funds, if rea, ... ably available. The Association shaL __ tain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the US. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction~ Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered hy insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7 .5 .2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the an10unt of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost ofrepair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such infom1ation shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity ofa vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. lfthe funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it shmt!d be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be 19 restored to its natural state an aintaincd as an undeveloped portion 1e Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction -Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMl\"ATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this A1ticle apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage or such eligible holder. 20 9.2 No Priority. ,>rovision of this Declaration or the B rs gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address ofthe holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjovment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, 2 l repamng or improvin-ny facilities located or to be located reon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not material] y and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall he repaired by the Person causing the damage at its sole expense. 22 10.4 Easement for try Features. lfDeclarant installs an ___ .ry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar strect- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instmment, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, At1icles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Dcclarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion ofDeclarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to constmct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant' s express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with mles and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. 2.1 , Fajlure to comply with this D ration, the Bylaws or the rules and re_ lions shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater detention and drainage facilities, wetland tract, and private streets as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive pe1iods often (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten ( 10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot 24 Owner. Notwithstanding the re, this Declaration shall not be amen_~-with respect to the maintenance requirements for the stomnvatcr detention and drainage facilities, wetland tract, or private roads as shown on the plat without prior written approval from the City of Renton. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of"the Owners ofat least seventy-five percent (75%) of the Total Association Vote and the consent ofDeclarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon rccordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any properly shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason otbeing or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any 25 cQntract or other commitmen de by them. in good faith, on behalf ( e Association ( except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board sha11 prescribe. 11.11 Financial Review. At least annua11y, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval ofDeclarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or 26 u~e restriction established pu nt thereto ifit determines that waiver application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure ofliens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this __ day of ______ , 2007. DECLARANT: Langley Development Group, Inc. By:------------ Its: -------------- State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that C. Thomas Foster is the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: __________ _ Notary Public in and for the State of Washington Residing at: ________ _ Printed Name: -------- My Appointment Expires ____ _ 27 EXHIBIT A Legal Description 28 ' ' First American Pat Fullerton (206) 615-3055 pfullerton@firstam.com Amy Garza (206) 615-3010 amgarza@firstam.com To: Seattle Mortgage Title Team One Fax No. (866) 904-2177 Colleen Franz (206) 615-3050 cfranz@firstam.com 6450 Southcenter Blvd Suite 106 Seattle, WA 98188 Attn: Tom Foster Re: Property Address: To Be Determined,, WA First American Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn -(253)471-1234 Fax - // !1.' Jennifer Salas (206) 615-3011 jsalas@firstam.com Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4268-587158 Your Ref No.: Supplemental Report 2 Dated: May 25, 2007 at 8:00 A.M. Commitment/Preliminary Report No. 4268-587158 dated as of January 30, 2007 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The legal description of the herein described property has been amended to read as follows: Parcel A: The South 136 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETHER WITH the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Page 1 of 4 Date: May 25, 2007 File No.: 4268-587158 (PF) Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel to the West line of said Subdivision 16 feet; Thence West 120 feet to the POINT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: The South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W.M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: Page 2 of 4 Date: May 25, 2007 File No.: 4268-587158 (PF) The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: The West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: Parcel H: A parcel of land located in Government Lot 1 of Section 3, Township 23 North, Range 5 East W.M., described as follows: The South 208. 708 feet of the North 744. 708 feet of the West 548 feet of Government Lot 1 of said Section 3. Except the East 208. 708 feet thereof; And Except C/M Rights Situate in the County of King, State of Washington. Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702 and as delineated on the Plat of Stonegate recorded in Volume 177 of Plats at Page 62, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, Page 3 of 4 Date: May 25, 2007 File No.: 4268-587158 (PF) EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, (Also known as Lot A of KING COUNTY LOT LINE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel 1-1: A non-exclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Paragraph no.(s) 11, 20, 23 of our Commitment/Preliminary Report has/have been eliminated. First American Title Insurance Company By: Colleen Franz for Pat Fullerton, Title Officer Page 4 of 4 "~ . . ... :, \ 'o ,-tO -... ;~ -. ··- f' . I(\ ... \,,'D ? ,u1oij ., --.,.,. .. , .,, ...... / ----· ./ / . . --·"· ··-. ---""' ~ . -'l ,,._· f, ;,,-, ' ; ! • . 1 ,~ ~}~ p ciYl ~v ,<""h-9 ri, ...... ---.., - " .. ~b j -·-· ---.. \jl r/J: ~~ t 1-, .. .. -,. -;--,~·~.;~t~·· ·- -'~"-lr-. ---~-, . , ~··· ~ --1--.. , Y) 'V :;; I\\ -~ °'C) ~· ,I °" ~ ; ~t-,· ~-~ --· " ~o "~ {f# \-1\ t~~. ,,ilJ-10 1)l~ ~ q, w, ,, e, ·::- . -··· . _,.._,, ·-. I I \ J .,,j I "' .! , .• ;,' -· I , . ~'\V °'\) .... - / /' ..... ..-, .. ,_ ..... "" •--.;·'" \ "ftouFi ~\ ~ ~ ~-· ...... - . -. ra forr~lo. }4 Subdivi.sbn Guarantee Guarantee No.: 4268-587158 GUARANTEE Issued by First American Title Insurance Company 3866 S 74th 5 0 Tacoma/ WA 98409 Title Officer: Pat Fullerton Phone: (253)471-1234 FAX: Frrst American Tttle ) .For~· i1;0. ~4 Subdivi.sion Guarantee (4-10-75) Guarantee No.: 4268-587158 Page No.: 1 LIABILITY FEE $ $ First American Title Insurance company 3866 S 74th St First American Tacoma, WA 98409 Phn -(253)471-1234 1,000.00 350.00 Fax - SECOND SUBDIVISION GUARANTEE ORDER NO.: TAX$ 30.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company 4268-58715§ Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Seattle Mortgage herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth 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 therein. 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 affecting title to said property. Dated: February 9, 2007 at 7:30 A.M. First American Title · t form ~lo. 14 • Subdiv(sion Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4268·587158 Page No.: 2 Langley Development Group, Inc., a Washington Corporation, as to Parcels, B, c, D, E, F and a portion of Parcel A; C. Thomas Foster and Maryl C. Foster, husband and wife, as to the remainder of Parcel A; Robert A. Holmes and Tamara J. Holmes, husband and wife, as to Parcels G and H; Einer I. Handeland and Marilyn J. Handeland, husband and wife, as to Parcel !; Robert E. Slayden and Shirley L. Slayden, husband and wife, as to Parcel J 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 porition 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: The land referred to in this report is described in Exhibit A attached hereto. APN: 032305-9247,9073,9071, 9248, 9002; 342405-9077, 9063; 032305-9102, 9111; 342405- 9076 First AmNlcan Title ~ .Form 'rJo .• 14 Subdiv)sion Guarantee ( 4~ 10-75) RECORD MATIER$: Frrst American Title Guarantee No.: 4268-587158 Page No.: 3 · .:. .Form t-!o. 14 Subdivi.sio~ Guarantee (4-10-75) Guarantee No.: 426B-587158 Page No.: 4 1. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: 032305-9247-09 Amount: $ 2,843.70 285,000.00 231,000.00 Assessed Land Value: $ Assessed Improvement Value: $ 2nd Half Amount: $ 2,843.69 Assessed Land Value: $ 285,000.00 Assessed Improvement Value: $ 231,000.00 Affects: The remainder of Parcel A and all of Parcel J 2. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Value: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 032305-9073-08 1st Half $ 4,693.67 $ 341,000.00 $ 512,000.00 2nd Half $ 4,693.66 $ 341,000.00 $ 512,000.00 A portion of Parcel A 3. Delinquent General Taxes for the year 2006 . Tax Account No.: 032305-9073-08 1st Half Amount Billed: $ 5,149.40 Amount Paid: $ 5,149.40 Amount Due: $ 0.00, plus interest and penalty 2nd Half Amount Billed: $ 5,149.39 Amount Paid: $ 0.00 Amount Due: $ 5,149.39, plus interest and penalty Affects: A portion of Parcel A 4. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: 032305-9071-00 1st Half Amount: $ 1,773.61 Assessed Land Value: $ 322,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 1,773.61 Assessed Land Value: $ 322,000.00 First American Title , .Form ~o .. 14 Subdiv[sion Guarantee (4-10-75) Assessed Improvement Value: $ 0.00 Affects: Parcel B 5. Delinquent General Taxes for the year 2006 . Tax Account No.: 032305-9073-08 1st Half Amount Billed: $ 1,749.90 Amount Paid: $ 1,749.90 Guarantee No.: 4268-587158 Page No.: 5 Amount Due: $ 0.00, plus interest and penalty 2nd Half Amount Billed: $ 1,749.90 Amount Paid: $ 0.00 Amount Due: $ 1,749.90, plus interest and penalty Affects: Parcel B 6. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: 032305-9248-08 1st Half Amount: $ 22.46 Assessed Land Value: $ 1,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 0.00 Assessed Land Value: $ 1,000.00 Assessed Improvement Value: $ 0.00 Affects: Parcel C 7. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Value: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 032305-9002-04 1st Half $ 1,537.49 $ 279,000.00 $ 0.00 2nd Half $ 1,537.48 $ 279,000.00 $ 0.00 Parcel D 8. Delinquent General Taxes for the year 2006 . Tax Account No.: 032305-9002-04 1st Half Amount Billed: $ 1,519.38 Amount Paid: $ 1,519.38 Amount Due: $ 0.00, plus interest and penalty 2nd Half FtrM American Title ' .Forni I-Jo .. 14 Subdiv~sion Guarantee (4-10-75) Amount Billed: Amount Paid: $ $ 1,519.38 0.00 Guarantee No.: 4268-587158 Page No.: 6 Amount Due: $ Parcel D 1,519.38, plus interest and penalty Affects: 9. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Value: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 342405-9077-06 1st Half $ 270.83 $ 49,000.00 $ 0.00 2nd Half $ 270.83 $ 49,000.00 $ 0.00 Parcel E 10. Delinquent General Taxes for the year 2006 . Tax Account No.: 342405-9077-06 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: Affects: 1st Half $ 270.10 $ 0.00 $ 270.10, plus interest and penalty 2nd Half $ 270.09 $ $ Parcel E 0.00 270.09, plus interest and penalty 11. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Value: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 342405-9063-02 1st Half $ 553.52 $ 76,000.00 $ 15,000.00 2nd Half $ 553.52 $ 76,000.00 $ 15,000.00 Parcel F 12. Delinquent General Taxes for the year 2006 . Tax Account No.: 342405-9063-02 1st Half Amount Billed: $ 550.93 Amount Paid: $ 0.00 First American Title .Forni f-lo .. 14 Subdivision Guarantee (4-10-75) '• Amount Due: Amount Billed: Amount Paid: Amount Due: Affects: Guarantee No.: 4268-587158 Page No.: 7 $ 550.93, plus interest and penalty 2nd Half $ 550.92 $ 0.00 $ 550.92, plus interest and penalty Parcel F 13. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Vafue: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 032305-9102-03 1st Half $ 2,247.52 $ 133,000.00 $ 269,000.00 2nd Half $ 2,247.50 $ 133,000.00 $ 269,000.00 Parcel G 14. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: 032305-9111-02 1st Half Amount: $ 3,605.82 Assessed Land Value: $ 139,000.00 Assessed Improvement Value: $ 514,000.00 2nd Half Amount: $ 3,605.81 Assessed Land Value: $ 139,000.00 Assessed Improvement Value: $ 514,000.00 Affects: Parcel H 15. General Taxes for the year 2007, which cannot be paid until the 15th day of February of said year. Tax Account No.: Amount: Assessed Land Value: Assessed Improvement Value: Amount: Assessed Land Value: Assessed Improvement Value: Affects: 342405-9076-07 1st Half $ 1,412.04 $ 93,000.00 $ 166,000.00 2nd Half $ 1,412.03 $ 93,000.00 $ 166,000.00 Parcel I A'rst American Title Forrii'~Jo. 14 ·subdivisiOn Guarantee (4-10-75) ' Guarantee No.: 4268-587158 Page No.: 8 16. Taxes which may be assessed and extended on any subsequent roll for the tax yEo, 2007, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. Affects: B, C, D and E First Amencan Title Forrri 'r-to .. 14 Subdiv.ision Guarantee (4-10-75) 17. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Langley Development Group, Inc. Frontier Bank First American Title $4,999,999.00 June 28, 2006 20060628001507 Parcels A, B, C, D, E and F 18. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Langley Development Group, Inc. SB! Devleoping, Inc. First American Title · $500,000.00 December 12, 2006 20061212001321 Parcels A, B, C, D, E and F 19. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Robert A. Holmes Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: James H. Jacques, a single person Transnation Title Insurance Company $245,000.00 March 26, 2002 20020326001783 Parcels G and H 20. Deed of Trust and the terms and conditions thereof. Guarantee No.: 4268-587158 Page No.: 9 Grantor/Trustor: Grantee/Beneficiary: Robert A. Holmes and Tamara J. Holmes, husband and wife Mylor Financial Group, Inc. Trustee: Chicago Title Insurance Company Amount: $500,000.00 Recorded: December 30, 2004 Recording Information: 20041230001657 Affects: Parcel G 21. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Robert A. Holmes and Tamara J. Holmes, husband and wife Washington First International Bank First American Title $500,000.00 January 4, 2006 20060104002307 Parcel H 22. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Robert A. Hoimes and Tamara J. Holmes, husband and wife First Amcncan Title .Form ~o. ,14 Subdivi.sion Guarantee (4-10-75) Assignee: Recorded: Recording Information: Affects: Washington First International Bank January 4, 2006 20060104002308 Parcel H Guarantee No : 4268-587158 Page No.: 10 23. Title was formerly vested of record in Virginia Fisher, as to Parcel G. The matter(s) listed below against said party or parties attached to the subject premises by operation of law. Claim of lien by the State of Washington Department of Social and Health Services: Against: Amount: Recorded: Recording No.: Virginia Fisher $Undisclosed April 3, 2003 20030403001445 24. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Einer I. Handeland and Marilyn J. Handeland, husband and wife Wells Fargo Home Mortgage, Inc. Old Republic Title, Ltd. $216,000.00 April 29, 2004 20040429002769 Parcel I 25. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Robert E. Slayden and Shirley L. Slayden, husband and wife Grantee/Beneficiary: U.S. Bank National Association Trustee: Amount: Dated: Recorded: Recording Information: Affects: 26. Judgment. In Favor of: Against: Amount: Dated: Filed: Judgment No. (if applicable) : Case/Cause No.: U S Bank Trust Company, National Association $550,000.00 June 07, 2006 August 21, 2006 20060821001314 Parcel J Michael Dooley and Linda Dooley; assignee -Langley Venture Group, Inc. C. Thomas Foster, etal $132,609.33 , together with interest, costs and attorneys' fees, if any May 25, 2006 May 25, 2006 069188930 022077315 Attorney for Judgment Creditor: Undisclosed First Americar1 Title Form'No. 14 Subdivision Guarantee (4-10-75) 27. Lack of a right of access to and from the land. Affects: Parcel J Guarantee No.: 4268-587158 Page No.: 11 We note the access easement as delineated on Lot Line Adjustment under Recording No. 20060619900003 was not granted by a separate instrument. A properly recorded access easement for the benefit of Parcel J, should be executed. 28. The forthcoming transaction may require compliance with RON 58.17 (Subdivisions) and with any county or municipal subdivision codes or ordinances, This matter is expressly excluded from coverage on the forthcoming policy(ies) pursuant to paragraph l(A) of the exclusions from coverage. The following matters affect Parcel A 29. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of King County Water District 107 as disclosed by instrument recorded under recording no. 9304091250. 30. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of King County Water District 107 as disclosed by instrument recorded under recording no. 8104010618. 31. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of City of Renton as disclosed by instrument recorded under recording no. 8612031455. 32. Easement, including terms and provisions contained therein: Recording Information: 2620431 In Favor of: Postal Tel-Cable Company For: Telephone and Telegraph Line 33. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Weyerhaeuser Timber Company Recorded: August 13, 1945 Recording Information: 3493297 34. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. As to Short Plat 7712090795 35. Covenants to bear the cost of maintenance, repair of reconstruction of private easement among the common users thereof, as contained in instrument recorded December 16, 1985 under Recording No. 8512160616. 36. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded under Recording No. 8601029004 , in King County, Washington. Ftrst American Title form No. )4 Guarantee No.: 4268-587158 Page No.: 12 Subdivision Guarantee (4-10-75) 37. Temporary Water Services Agreement and the terms and conditions thereof: Between: Robert E. and Shirley L. Slayden, husband and wife And: Renton Water Department Recording Information: 8601080907 38. Covenant to Annex to the City of Renton Agreement and the terms and conditions thereof: Between: And: Recording Information: Robert E. and Shirley L. Slayden, husband and wife City of Renton 8601080908 39. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes: 40. Recording Information: 8601101059 Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: February 21, 1986 8602210833 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system 41. The terms and provisions contained in the document entitled "Abatement Agreement" Recorded: January 27, 2006 Recording No.: 20060127001543 42. Easement, including tenms and provisions contained therein: Recording Information: 26204 31 In Favor of: Postal Telegraph-Cable Company of Washington For: telephone and telegraph line 43. Easement, including terms and provisions contained therein: Recording Information: 3471925 In Favor of: For: Ted H. Moser and Margaret E. Moser, husband and wife ingress and egress 44. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Weyerhaeuser Timber Co. Recorded: April 13, 1945 Recording Information: 3493297 45. Easement, including terms and provisions contained therein: Recording Information: 3494207 In Favor of: Owners of adjacent property For: ingress and egress First Amencan Title ,Form No .. 14 Subdiv!sion Guarantee (4-10-75) 46. Easement, including terms and provisions contained therein: Recording Information: 3857070 In Favor of: Puget Sound Power & Light Guarantee No.: 4268-587158 Page No.: 13 For: electric transmission and/or distribution system 47. Easement, including terms and provisions contained therein: Recording Information: 5934284 In Favor of: Owners of adjacent property For: ingress and egress 48. Easement, including terms and provisions contained therein: Recording Information: 5943064 In Favor of: Coalfield Flood Control Zone District, a created municipal corporation For: drainage 49. Easement, including terms and provisions contained therein: Recording Information: 5984404 In Favor of: Puget Sound Power & Light Company For: electric transmission and/or distribution system 50. Drainage Release Agreement and the terms and conditions thereof: Between: Marl S. Andrews and Helen L. Andrews, husband and wife And: King County Recording Information: 6451737 51. The terms and provisions contained in the document entitled "Forested Open Space and Native Growth Retention Area Covenant" Recorded: August 28, 2001 Recording No.: 20010828000866 52. The terms and provisions contained in the document entitled "Sensitive Area Notice" Recorded: September 10, 2001 Recording No.: 20010910001385 53. Temporary Use of Septic System Agreement and the terms and conditions thereof: Between: Marl S. Andrews And: City of Renton, a municipal corporation Recording Information: 20011017001640 54. The terms and provisions contained in the document entitled "On Site Sewage System" Recorded: February 19, 2002 Recording No.: 20020219000985 The following matters affects Parcels B and C First American Title ' Forni 'No.,14 Subdivjsion Guarantee (4-10-75) 55. Reservations and exceptions, including the terms and conditions thereof: Reserving: Easement Guarantee No.: 4268-587158 Page No.: 14 Reserved By: Recorded: Weyerhaeuser Timber Company, a corporation August 13, 1945 Recording Information: 3493297 Volume/Page: 2368/528 56. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 7607220503, recorded in Volume 6 of Surveys, at Page(s) 293, in King, Washingto·n. The following matters affects Parcels D 57. Reservations and exceptions, including the terms and conditions thereof: Reserving: Reserved By: Recorded: Recording Information: Minerals Weyerhaeuser Timber Co. August 13, 1945 3493297 58. Easement, including terms and provisions contained therein: Recording Information: 2620431 Volume/Page: 1469/349 In Favor of: For: Postal Telegraph Cable Co. Utilities The following matters affects Parcels E 59. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of King County Water District No. 107 as disclosed by instrument recorded April 01, 1981 under recording no. 8104010618. 60. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of City of Renton as disclosed by instrument recorded under recording no. 8612031455. 61. Easement, including terms and provisions contained therein: Recorded: October 14, 1965 Recording Information: 5940680 For: Drainage channel 62. Easement, including terms and provisions contained therein: Recorded: February 26, 1966 Recording Information: 598440S In Favor of: Puget Sound Power & Light Company For: Electric line 63. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9509019001, recorded in volume 105 of surveys, at page(s) 123, in King, Washington. The following matters affect Parcel F A"rst American T!tle Forrri'Mo .. 14 Guarantee No.: 4268-587158 Page No.: 15 Subdi"'.ision Guarantee (4-10-75) 64. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of King County Water District No. 107 as disclosed by instrument recorded under recording no. 9304091250. 65. Easement, including terms and provisions contained therein: Recorded: May 21, 1945 Recording Information: 3471925 Volume/Page: 2341/205 For: Roadway 66. Easement, including terms and provisions contained therein: Recorded: November 24, 1948 Recording Information: 3857069, Vol. 2799, Pg. 512 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: electric transmission and/or distribution system 67. The terms and provisions contained in the document entitled "Declaration of Covenant Private Well" Recorded: Recording No.: July 12, 1985 8507120933 The following matters affect Parcels G and H 68. The terms and provisions contained in the document entitled "Notice of Easement Road" Recorded: June 17, 1988 Recording No.: 8806170657 69. The terms and prov1s1ons contained in the document entitled "Agreement Relinquishing and Granting Certain Easement Rights" Recorded: June 11, 1990 Recording No.: 9006111702 70. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 20020618900002, recorded in volume 153 of surveys, at page(s) 105, in King County, Washington. 71. 72. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: April 17, 2003 20030417000727 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system The terms and Dwelling Unit" Recorded: provisions contained in the document entitled "Affidavit Regarding Accessory Recording No.: March 18, 2005 20050318000620 First American Title Forni't;Jo~ 14 Guarantee No.: 4268-587158 Page No.: 16 Subdi~ision Guarantee (4-10-75) 73. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: July 13, 2006 20060713000887 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system The following matters affect Parcel I 74. NONE The following matters affect Parcel J 75. Easement, including terms and provisions contained therein: Recording Information: 2620431 In Favor of: Postal Tel-Cable Company For: Telephone and telegraph line 76. Reservations and exceptions, including the terms and conditions thereof: Reserving: Reserved By: Recorded: Recording Information: Minerals Weyerhaeuser Timber Company August 13, 1945 3493297 We note no examination has been made regarding the transfer or taxation of the reserved rights. 77. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. As to Short Plat 7712090795 78. Covenants to bear the cost of maintenance, repair of reconstruction of private easement among the common users thereof, as contained in instrument recorded December 16, 1985 under Recording No. 8512160616. 79. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 8601029004 , in King County, Washington. 80. Temporary Water Services Agreement and the terms and conditions thereof: Between: Robert E. and Shirley L. Blayden, husband and wife And: City of Renton Recording Information: 8601080907 81. Covenant to Annex to the City of Renton Agreement Agreement and the terms and conditions thereof: Between: And: Recording Information: Robert E. and Shirley L. Blayden, husband and wife City of Renton 8601080908 First American Title . . Form'N\.J.,14 Subdivjsion Guarantee {4-10-75) Guarantee No.: 4268-587158 Page No.: 17 82. Covenants, conditions, restrictions and/or easements; but deieting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes: 83. Recording Information: 8601101059 Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: February 21, 1986 8602210833 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Forni Mo., 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-587158 Page No.: 18 SCHEDULE OF EXCLUSIONS ;::.:..or-1 CO\'Er..AGE o:= THIS GUA.RAfffEE 1. Except to the extent that specific assurance are provided in Schedule A of t:lis Gi.;ar-ar,tee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or ass2ssments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) {l) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A or Lhis Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title m any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterv.tays to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easemenlc; therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, wf'ctl1er or not shewn by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2 1 and improvements affixed thereto which by law constitute real property. The term "'land'. does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to rea! property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shell come to an Assured hereunder of any daim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rigt1ts of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the preJUdice. 3. No Duty to Defend or Prosecute. Toe Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation ir such action or proceeding. 4, Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth m Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b)1 or to do any other act which in its opinion may be necessary or desirable to estab11sh the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liab!e hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shell do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(2) the Company shall have the right to select counsel of its choice (subject to the right ::if such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any lrt1gatlon to final determination by a court of competent jurisdiction and expressly 1·eserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shal! terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be retjuired to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is ,ecessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Ftrst American Tttle _Form No .. 14 Subdiv!sion Guarantee (4-10· 75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or 1n the na~e of the Assured any claim which could result in loss to the Assured within the coverage of thls Guarantee, or to pay the full amount of this Guarantee or, 1f this Guarantee is Issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice or claim has been given to the Company by the Assured the Company offers lo purc.tiase said indebtedness, the owner of such indebtedness shall transfer and assign sa:d indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminatE\ including any obligation to continue the defense or prosecution of any liligat;or for which the Company has exercised its options under Paragraph 4, and the Gua:-antee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwrse Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or othel'\Nise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligatiOn to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establlshes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's conscnt1 the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4268-587158 Page No.: 19 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees arid expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any sell/ice of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailtng party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having Jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title -·~ Form No 1 14 Subdi 0 yision Guarantee (4· 10· 75) Exhibit 11 A" Real property in the County of King, State of Washington, described as follows: Parcel A: Guarantee No.: 4268-587158 Page No.: 20 The South 136 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. TOGETHER WITH the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington described as follows: BEGINNING at a point on the South line of said Subdivision, 120 feet East of the Southwest corner thereof; Thence North perpendicular to said South line 8 feet; Thence East parallel to said South line 80 feet; Thence South perpendicular to said South line 8 feet; Thence West 80 feet to the POINT OF BEGINNING; Also, that portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the Southwest corner of said Subdivision; Thence North along the West line of said Subdivision 16 feet; Thence East parallel to the South line of said Subdivision 120 feet; Thence South parallel to the West line of said Subdivision 16 feet; Thence West 120 feet to the POINT OF BEGINNING; EXCEPT that portion described as follows: BEGINNING at the Northeast corner of the East half of the East half of Government Lot 2 in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence South along the East line thereof 20 feet; Thence West parallel to the North line thereof 130.67 feet; Thence North parallel to the East line thereof 20 feet; Thence East 130.67 feet to the POINT OF BEGINNING; (All known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel A-1: An easement for ingress and egress, 30 feet in width, the centerline of which begins at the intersection of the South line of the Thomas Rowse Road (Southeast May Valley Road) with the East line of the West half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington and runs South a distance of 950 feet. Parcel A-2: First Amerrcan Title ., .Form·'No .. 14 Subdi~}sion Guarantee (4-10-75) Guarantee No.: 4268-587158 Page No.: 21 A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: The West half of Government Lot 2, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. Parcel C: The South 30 feet of the East half and the East 82.50 feet of the West half of all Government Lot 2, in Section 3, Township 23 North, Range 3 East, W .M., in King County, Washington. EXCEPT the East quarter of said Lot 2. Parcel D: The West 247.5 feet of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel E: The West 116 feet of that portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 5 East, W.M., in King County, Washington, lying South of center line of county road as conveyed to King County for road, by instrument recorded under Auditor's File No. 2993716, EXCEPT said road. Parcel F: That portion of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 24 Northeast, Range 5 East, W.M., in King County, Washington, lying South of the county road, described as follows: BEGINNING at a point 90 feet North of the Southeast corner thereof: Thence westerly to the West line of said Subdivision to a point 200 feet Northerly from the South line thereof; Thence Northerly along said westerly boundary to the South line of county road; Thence Easterly along the South line of said county road to the East line of said Subdivision; Thence Southerly along said East line to the POINT OF BEGINNING; EXCEPT roads. Parcel G: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: First American Title • •; ,Form 'f.:fo., 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-587158 Page No.: 22 BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet, thence East 548 feet to the POINT OF BEGINNING of the Tract herein described, thence South 208.708 feet, thence West 208.708 feet, thence North 208.708 feet, thence East 208.708 feet to the TRUE POINT OF BEGINNING, Parcel H: That portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East W.M., described as follows: BEGINNING at the Northwest corner of said Subdivision, thence South 536 feet to the TRUE POINT OF BEGINNING of the Tract herein described, thence East 340 feet, thence South 208 feet, thence West 340 feet, thence North 208 feet to the TRUE POINT OF BEGINNING, Parcel H-1: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 9006111702, Records of King County, Washington. Parcel I: The East 210 feet of the following portion of the East half of the East half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W M, in King County, Washington, (Also known as Lot A of KING COUNTY LOT LINE ADJUSTMENT NO. 8603036, recorded December 20, 2001, under Recording No. 20011220002563, Records of King County, Washington. Parcel I-1: A non-exclusive easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest Quarter of the Southeast Quarter lying North of the above described Tract and South of the Thomas Rowe County Road (SE Coalfield Way) and also over the East 15 feet of that portion of the West half of the East half of the Southwest Quarter of the Southeast Quarter lying South of said road. Parcel J: Lot 2 of KING COUNTY SHORT PLAT NO. 677007, as recorded under Recording No. 7712090795, records of King County, Washington. Except the South 136 feet thereof. (All known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-06-026-LLA under Recording No. 20060619900003) Parcel J-1: A non-exclusive easement for ingress and egress over the East 30 feet of the South 30 feet of the West half of the East half of Government Lot 2 of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. First American Title ! •1 Form No~ 14 Subdivision Guarantee (4-10-75) First American Tttle Guarantee No.: 4268-587158 Page No.: 23 t' "1 _Form Noi 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-587158 Page No.: 24 Tax Parcel Number: 032305-9247, 9073, 9071, 9248, 9002; 342405-9077, 9063; 032305-9102, 9111; 342405-9076 A'rst American Title Printed: 06-06-2007 Payment Made: 1 CITY OF RENTON 1055 S Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA0?-059 J': .,. ' \,,' Receipt Number: R0702736 Total Payment: 06/06/2007 09:20 AM 1,000.00 Payee: LANGLEY DEVELOPMENT GROUP INC Current Payment Made to the Following Items: Trans Account Code Description 5012 000.345.81.00.0009 Final Plat Payments made for this receipt Trans Method Description Payment Check #1674 Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 Amount 1,000.00 Amount 1,000.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 f Michael D. Dotson December 12, 2006 Page 3 2.3A PERFORMANCE STANDARDS FOR VEGETATION SURVIVAL, COVER & DIVERSITY For woody planted species, success will be based on the following 1. at least an 100% survival rate of all planted trees and shrubs through Year 1 (includes the four quarterly r·eview and reports) 2. 85% survival rate after Yean, 2·5 or 3. areal cover of planted or recolonized native species of • 15% at construction approval and through the first 3 quarters of Year 1, · 201, at Year 1, · 301. at Year 2, · 401, at Year 3, · 50% at Year 4 and • 60% at Year 5. 4. No single woody plant species will cover more then 30% areal cover at any time during the 5-year monitoring period to prevent monoculture of single species. 5. Success for herbaceous species will be based on an 801, cover of desirable plant species at any time during the 5-yem· monitoring period. 2.3B PERFORMANCE STANDARD FOR INVASIVE PLANT SPECIES Exotic and invasive plant species will be maintained at levels below 151, total cover·. These species include Scot's broom, Himalayan and evergreen blackberry, purple loosestrife, hedge bindweed, Japanese knotweed, English ivy, creeping nightshade, Canada and bull thistle, poison hemlock, reed canarygrass and birdsfoot trefoil. Removal and control of these invasive plant species will be achieved through routine maintenance in the restoration areas. Such maintenance is necessary to achieve successful plant establishment and compliance with the 15% threshold for the listed exotic/invasive species. Removal of undesirable species will occur by hand whenever possible. No chemical treatment will be employed without prior approval by the City. 3.0 LONG-TERM MAINTENANCE SPECIFICATIONS Maintenance will be conducted on a routine, year· round basis for at least five years following construction approval. Additional maintenance needs will be identified and addressed following each regularly-scheduled maintenance review by the project biologist. The project will be evaluated by comparing the monitoring results to the established performance standards to insure that success criteria are achieved at or before the end of the monitoring period. Maintenance shall be implemented on a regular basis according to Section 3.1 below. Contingency measures and remedial action (see Section 3.5 below) on the site shall be implemented on an as-needed basis at the direction of the project biologist or the owner. Michael D. Dotson December 12, 2006 Fage4 The Maintenance Flan contains the following: a maintenance schedule, contingency and general maintenance items. 3.1 MAINTENANCE SCHEDULE (until performance standards are met) Maint. Item Jan Feb Mar Apr May June July Aug Sept Oct Weed control 1 1 1 1 1 1 1 General Maint. 1 1 1 1 Pruning 1·8 = number of times task shall be performed per month. 3.2 WEED CONfROL Nov. Dec 1 1 Routine removal and control of non-native and other invasive plants (e.g., Scot's broom. Himalayan and evergreen blackberry, purple loosestrife, hedge bindweed, Japanese knotweed, English ivy, creeping nightshade, Canada and bull thistle, poison hemlock, reed canarygrass and birdsfoot trefoil). Removal and control of these invasive plant species will be achieved through routine maintenance in the restoration area. Such maintenance is necessary to achieve successful plant establishment and compliance with the 15% threshold for the listed exotic/invasive species. Removal of undesirable species will occur by hand whenever possible. No chemical treatment will be employed without prior approval by the City. Areas with reed canarygrass patches 3' x 3' or smaller need to be hand-grubbed. Patches greater than 3'x 3' shall be treated with a two-step process. 1. Areas shall be weed-whacked selectively sprayed with Round-up only in designated spray areas (at least 5' upslope of any ponded area). Spraying shall be done at a time when a dry period of one week or more is forecasted. 2. Areas shall be staked with cutting<> ( see Staking List and Staking Specifications below). During April 1 through November 30, 1 gallon plants (minimum height of 18") shall be used in place of cuttings. 3. Staking List: Options for Planting (from wet to dry) Wetter Pacific willow Salix lasiandra Sitka willow Salix sitchensis Scouler willow Salix scou!eriana Black twin berry Lonicera involucrata Drier Black cottonwood Populus trichocarpa 4. Cuttings can be purchased or gathered from approved on-site mature sources. Cuttings shall be installed at 1' 0.C. spacing over the infested reed canarygrass areas and extending 2' in each direction, unless otherwise specified. Cuttings shall be 2-year old wood, 4' length, Yz" diameter, with all side branches removed and installed to a minimum depth of 12 inches. ' I Michael D. Dotson December 12, 2006 Page5 Himalayan and evergreen blackberry control -small patches (areas <3' x 3') need to be grubbed out, large areas (>3' x 3') need to be cut down. New shoots (approx. 6" in height) which reappear should be spot-sprayed with Round-up concentrate (only in designated spray areas, see #1 above). 3.3 IRRIGATION The maintenance contractor shall ensure that the temporary system is functioning properly from June 1 through October :'51. [Jur·ing the first year after installation, irrigation should flow at a rate of 1.1;· ot water· twice per week ( unless otherwise specified). During the second year after installation, ir-rigation should flow at a rate of \Ii' of water =.e per week. However, if more than 10% of plant replacement occurs, watering rates shall r;e maintained at \Ii' of water t·.vice per week. The maintenance contractor shall inspect the irrigation system in the spring and mid- season to ensure adequate coverage and function of the entire system. All repairs, resetting of heads and adjustments, shall be performed when problems arise. In the fall, the system shall be winterized by October 31"' to prevent winter freeze damage. 3.4 GENERAL MAINTENANCE ITEMS -------------------- 3 .4 A DEBRIS REMOVAL The Maintenance Contractor shall rernove all Crash and other debris on a regular basis. Contractor shall leave all dead plar,t material and other organic debris (i.e., leaf matter, fallen branches, etc.) except pest-infested vegetation. 3.4B EROSION AND DRAINAGE PROBLEMS The Maintenance Contractor, under the direction of AOA or the owner shall correct any erosion and drainage problems (e.g. r;ank or berm slumps, pond leaks, weir damage, sill clogs, etc.). 3.4C FORAGING AND BROWSING The Maintenance Contractor· shall irnplernent measures to prevent damage of plant material by browsing (e.g., deer, rabbits, mice, voles, etc.). 3.4D MAINTENANCE OF TREES AND SHRUBS Routine maintenance of trees and shrubs shall be performed. Measures include: tightening and repair of tree stakes and resetting plants to proper grades and upright positions. Tall grasses shall be wee,Jed and sprayed with Roundup at the base of plants to prevent engulfment. Weed control should be performed by; hand removal, installation Michael D. Dotson December 12, 2006 Page6 of weed barrier cloth with mulch rings, or selective weed-whacking. If weed-whacking is performed, qreat care shall be taken to prevent damage to desired native species either planted or recolonized. 3.4E PRUNING OF WOODY PLANTS Woody plants shall only be pruned at the direction of AOA or to remove pest infestations (i.e., tent caterpillar). 3.4F TREE STAKE REMOVAL With the approval of AOA, the Maintenance Contractor shall remove all tree stakes after the first growing season to prevent girdling of staked plant material. 3.5 CONTINGENCY ITEMS (Not part; of regular, on-going maintenance) These items will be identified on an as-needed basis only. 3.5A REPLACE DEAD PLANTS The Maintenance Contractor should replace dead plants with the same species or a substitute species that meets the goal and objectives of the enhancement plan. Contractor shall notify AOA of species, quantity and size of replacement material prior to installation. AOA shall review material and staked locations prior to installation. Plant material shall meet the same specifications as originally-installed material. Landscape Contractor that installed the restoration will complete one-year warrantee replacement. 3.5B REPLANT AREA The Maintenance Contractor should replant areas after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Areas will be replanted with an approved species or a substitute species that meets the goal and objectives of the restoration plan. Replanting shall be completed under the direction of AOA or the owner. 4.0 MAINTENANCE & MONITORING SURETY DEVICE A letter of credit or irrevocable set aside letter will be set by the Owner to the City of Renton in an amount totaling 1257, of the cost to guarantee satisfactory performance and maintenance of the restoration area for a period of at least 5 years. The surety amount is based on 1257. of the contract amounts for 5 years of performance monitoring and 5 years of maintenance. See the signed contracts from us and the landscape contractor for the total surety amount. ' , Michael D. Dotson December 12, 2006 Page7 Should you have any questions, please call me at ( 425) 333-4535. Sincerely, AL TM ANN OLIVER ASSOCIATES, LLC Simone Oliver Landscape Architect Attachments 1. Drawing SK-1 -Wetland Buffer Re;otoration Planting Plan, revised 12/11/06 2. Signed maintenance and monitoring contracts cc: Tom Foster Altmann Oliver Associates, LLC December 12, 2006 AOA Fn I i rnn mental Planning & I .anclsc,tpc Architecture AOA-3005 Tom Foster 20840 SE 118'" Place Issaquah, WA 98027 REFERENCE: Langley Ridge at May Creek, WA SUBJECT: Proposal to Conduct Five-Year Performance Monitoring of Restoration Area Dear Tom: Altmann Oliver Associates, LLC (AOA) has prepared the following scope of services and cost estimate for five years of performance monitoring associated with the restoration work to be completed on the Langley Ridge project in Renton, Washington. SCOPE OF SERVICES TASK 1. ESTABLISH BASELINE CONDITIONS. To establish baseline conditions for future monitoring, a baseline evaluation will be conducted to determine whether the site conditions are consistent with the approved restoration plan. The evaluation will include: photo-documentation from points located on the site, a general description of the conditions of the installed plant materials, an assessment of the irrigation operating system, and a general assessment of site hydrology. A baseline report will be submitted to the City upon completion of the assessment. iASK 2. LONG-iERM MONliORING. Monitoring will be conducted for a period of five growing seasons. Monitoring will be conducted quarterly the first year after coni,truction completion and twice yearly the second through fifth years. Monitoring will include an assessment of vegetation survival, percent cover of individual dominant species and weed control. Maintenance issues will be identified during the monitoring events and summarized in a memo submitted to the Client and lead maintenance personnel. A follow-up inspection by AOA will follow completed maintenance work. • Tom Foster December 12, 2006 Page 2 TASK 3. MONITORING REPORTS. Monitoring reports will be prepared and submitted to the City and Client on a quarterly basis for Year 1 and on an annual basis (in the fall) for Years 2-5. Reports will include: photo documentation, quantifiable data from monitoring field review, summary of how performance standards are or are not being met, maintenance recommendations, and an assessment of the success of the restoration project overall. TASK 4. FINAL APPROVAL. Escort City staff on a site review for final approval of the restoration work (if deemed successful by the City at the end of the five-year monitoring term). This task includes correspondence with the City regarding sign-off and preparation of the final pertinent information relating to maintenance. COST ESTIMATE Estimated costs to perform Tasks 1 thrnugh 4 are about $4000 for Year 1 and $1200 per year for Years 2-5 for a total monitoring cost of $8800. This estimate does not include construction review costs that will be necessary to obtain initial sign-off from the City. All work will be performed on the basis of time and materials according to our Standard Charges for Professional Services (Attached). If the scope of services and cost estimate are acceptable to you. please sign and return a copy of this letter as authorization for· uc> r,o proceed. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC Simone Oliver Project Manager Attachment Tom Foster, Owner Date Altmann Oliver Associates, LLC AOA ( ·.,ll 11.11i, ,11. \\_ \ !IHO 1-i F.n, 11~_-)1 :n:q:i@ Environ1ncntal Planning & Landscape Architectt1re 2007 STANDARD CHARGES FOR PROFESSIONAL SERVICES ALTMANN OLIVER ASSOCIATES, LLC provides environmental consulting and landscape architectural design services according to the following rates and terms. This information ,s revised annually and the following information ,s effective from January I , 2007 through December 3 I, 2007. ASSOCIATES Senior Ecologist Landscape Architect Design Assistant F,eld Assistant IN-HOUSE EXPENSES Auto Mileage Reprograph,cs 24x3G (bond, vellum, mylar) Reprograph,cs 30x42 (bond, vellum, mylar) $95/hour $95/hour $GS/hour $50/hour $0.40/m,le $3,$10,$20 $4, $12,$25 All third party expenses are charged at cost plus I 0% for administrative processing. These expenses include: subconsultants; travel (meals, lodging, and transportation); miscellaneous services and supplies (e.g., reprograph,cs, publications, equipment rental, etc.). Invoices w,11 be mailed monthly for services rendered each month. Payment 1s due upon invoice receipt and will be considered past due thirty days from 1nvo1ce date. A I% monthly interest rate will be applied on past due accounts. In the event of default ,n the payment of services, all collection costs, including attorneys' fees, will be paid.by the Client. - ...=,.;;".=t-, f-.-1 ~ --'cjii !Pe' CJTY OF RENTON ,':;'t~'-'f:' .=::~~ LAN6LET 1-?IDC.E Af MA'r C"<:EEK RENTON. WA5HIN6TON r 6' "" \l'~C. "'Q w f .-·/ /?--r it~ ";(!'!. ' .. ". ~.; G ~i~ ii, () ..,-; '"' "~ 5 ·~ ~f ~: ; ~J ! ~ ~ u~ .. ' 1; i~ '"-........'--------........ .-H~1· />):~,I 0, IJ(& ·-..... _[ ~ ~ i ~ I /---....... _ ')'_ ... '• ..... ··,/ ' ~ • ./1, ---· ------- I . , .. /" I_-J-~t (. ' Lc.....J. .. ' .. (::) \._,, QI~ m jj '6~pr1jti H ~ .. if"IJP,. a~ --1 ~itl~"·'~' ;f.:~&;n !c ffi ,1•11 1!!1·1i hi '1•i" ,,; r i~fg~1~i•I ~ 1:~ ~ ] i ~ .. ,~ ~ & ,r P-Pf:~J=~ H Z 1~toi! ~~ ~ "i ,,,.,, - ::! • .. 'i'i'"' 0 z .. ;· , r ··· N "' , f ~,;f11~ ~~ 1 ·· ,,. 1F1'' ,, a ! -• ,ii ti., ~ ~ ~ i i . f q! ! ~~ rn • ! 'i '"!-ai~ .... 111 3 i ~"' "~ "• l l •• ":, ~ • O" lJ "I! I ! . l !!! l i, ! . '; r j!l,j• ii 1ji!,h1! 1•! •, ,i;,; !; I> · I ! • .,llf 1 · · ' i 1 · ! is z :1 iri •Ji!.1!! r 1! ,i,, .• , i:: ~ ir :, lifUI h~ ~f ]! tH~~ ;i- 0' ., 1!1l1'' ij,,i1lil!j 1•1' ·1 ! le P : , I • ,ii."·, ... " i l ,,,,1 ,, CJ "IJ • oft r ' ~--''I'' ]j .. ;; ,, ,. ' ;=, . --~ I 1 !:;i l ~-~ ( __ ~-/: i ~J ! , I . ' ' \. t ~~1~"-l" n 1 • '"-~~ •• ~g!) ~'°~i~ ~ ' . ; !!H ; _o -· 0 O .-. ~ ' Si;! ~ >ih '. ] ~!1; 'i < "i,' : ~H i HB ~. -~~i 1 !HI ~t!i ,p;~'l ~ I ~ ~ ~ i Lari9le-, Ridge at Ha~ Creel<. "'d' ' ~ ~111~ ~~a~ ~=-~elopme-it Group. Irie O ~~w~~~-·~· ,._.,,.,_._ J: ...,..,.~ Wetland Burrer Res'.orauo,-. Plantl'lq Flem 1-" -~ ... -TCH<<><F<,~--- 1 \ -.. \ \ 1: I \ \.. I: ti -- ~~Q~ , l P IN ', f ff, 9.. tit[•J .. ·1 i-.i .. ~~Lq.:~,,! i!J,U;11t'i!,1 ~ 2~i~~f[ -'~Ii ~~~~;i~s" ~ ::: g f .. -, • I ! ' --· .. -~ Hff''P,"'"' -·., ,, ,i;11, • 1!-Q)>r-3§--. ,l111•i·~.··is' ff"• '"l!''l'•: •, •'·,"·~ ! ! ! ,; 1· i f ... io~"'"i'i'"""ij~J ! Ji . " . . ·~, ! :i: t!I !!·E'·)·!. -:I it" :: [ 2' 1 t·r C--C----Y----, :::E"=::. ----·- I Michael D. Dotson December 12, 2006 Page 2 monitoring reports for the first year and annual reports thereafter." Monitoring field reviews followed by preparation and submittal of summary reports to the City will occur quarterly through the first year after construction approval, and annually through the second through fifth years (assuming performance standards are met). Each monitoring report will specifically address how each performance standard is or is not being met. The report will include: a) photo-documentation, b) quantifiable data including percent vegetative cover of specific species, plant survival and percent cover of undesirable species, c) wildlife usage and d) an overall qualitative assessment of project success for the restoration area. 2.1 VEGETATION SAMPLING PLOTS AND PHOTO-POINT LOCATIONS Vegetation sampling plots and photopoint locations will be monitored throughout the five-year performance monitoring period. The plots will incorporate all of the representative plant communities. The same monitoring points will be re-visited each monitoring visit, with a record kept of all rJ!arit species found and their corresponding percent cover within each plot. Vegetation will be recorded on the basis of relative percent cover of the dominant species within the vegetative strata. All monitoring will be conducted by a qualified ecologist from AOA. Photos from established photo-point locations will be taken throughout the monitoring period to document the general appearance and progress in plant community establishment. Review of the photos over time will provide a semi-quantitative representation of success of the planting plan. The locations of the sampling plots and photo-points will be depicted on the as-built drawing included in the first monitoring report. 2.2 WILDLIFE Birds, mammals, reptiles, amphibians, and invertebrates observed in the restoration area (either by direct or direct means) will be identified and recorded during scheduled monitoring events, and at any other tit11e0 ob0ervations are made. Direct observations include actual sightings, while indirect observations include tracks, scat, nests, burrows, song, or other indicative signs. The kinds and locations of the habitat with greatest use by each species will be noted, as will any breeding or nesting activities. 2.3 SUCCESS CRITERIA Success of plant establishment within the restoration area will be evaluated on the basis of percent survival, percent cover & species diversity. Altmann Oliver Associates, LLC December 12, 2006 Michael D. Dotson City of Renton Planning Department Development Services Division 1055 South Grady Way Renton, WA 98055 JUN -6 2GG7 RECEiVEO REFERENCE: Langley Ridge at May Creek, WA SUBJECT: Wetland Buffer Re,;toration Proposal Dear Michael, AOA En viro 11 mental Planning & Landscape Architecture AOA-3005 The following revised report summarizes the monitoring and maintenance requirements for the wetland buffer restoration work for the inadvertent clearing that occurred west of the detention pond at the Langley Ridge site. 1.0 CERTIFICATE OF INSTALLATION ----------~ Upon approval of installation, we will provide the City of Renton with a certificate of installation detailing plan implementation and our field approval there of. The plan is included with this report -see Drawing SK-1, attached (revised 12/11/06 per your previous comments). 2.0 PERFORMANCE MONITORING Fer RMC Section 4-8-120D23, performance monitoring of the restoration area is required by the City of Renton "for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. The monitoring schedule necessary to comply with Renton Municipal Code (RMC) requires quarterly "Sight" Survey 990601-Z-0701 Monday, April 23, 2007 1:11 pm. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Point Direction Distance Northing Easting Elevation Database opened: Monday, April 23, 2007 1:09 pm. JU:·' ENTIRE TRACT BOUNDARY . ,,• \ ~ .. ·" , .... Start 28 4589.044 3127.824 0.000 N 1°24'20" E 1112.45 232.071 19 5701.161 3155.112 232.071 S 88°37'27" E 578.89 -232.071 37 5687.262 3733.832 0.000 s 1°24'36" w 438.41 45 5248.980 3723.044 0.000 S 88°01'51" E 413.19 44 5234.782 4135.994 0.000 N 1°24'43" E 442.69 39 5677.341 4146.903 0.000 N 1°18'26" E 16.00 63 5693.337 4147.268 0.000 S 88°37'27" E 120.02 48 5690.455 4267.253 0.000 N 1°16'22"E 144.10 91 5834.519 4270.454 0.000 N 70°13'45" W 126.44 89 5877.289 4151.466 0.000 N 1°18'26" E 121.29 88 5998.546 4154.233 0.000 To Cntr. Pt. N 8°53'55" E 60 12388.693 5154.759 0.000 Arc 121.71 Central Angle 1°04'41" Chord 121.71 Chord Bearing S 81°38'25" E Radius 6468.00 Bng from Cntr Pt s 7°49'14" w Tangent 60.86 Elevation Change 0.000 87 5980.851 4274.652 0.000 S 82° 10'46" E 327.85 67 5936.240 4599.457 0.000 s 1°16'22" w 269.69 66 5666.616 4593.467 0.000 N 88°37'27" W 116.00 31 5669.401 4477.500 0.000 s 1°24'51" w 536.00 40 5133.564 4464.272 0.000 S 88°37'27" E 339.29 6850 5125.418 4803.464 0.000 s 1°24'51" w 208.71 6851 4916.773 4798.313 0.000 N 88°37'27" W 339.29 41 4924.920 4459.121 0.000 • "Sight" Survey 990601-Z-0701 Monday, April 23, 2007 1:11 pm. Registered to: RODNEEY HANSEN File Name: K:ICOG0\2005\20510.ASC Point Direction s 1°24'51" w 32 Raw: 88.0151NW TC N 88°01'51" W 28 TC N 87°56'20" W 28 Distance 381.44 1322.66 1322.66 0.00 Precision Ratio = 1: 2.15E-t-06 Length Traversed 7476.14 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation = 0.00 Area= 1481340.869 Sq. Feet or 34.007 Acres Northing Easting 4543.595 4449.707 4589 043 3127.828 4589.044 3127.824 Pg: 2 Elevation 0.000 0.000 0.000 • "Sight" Survey 990601-Z-0701 Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Tuesday, June 05, 2007 8:58 am. Pg: l Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. RIGHT OF WAY BOUNDARY Start 28 4589.044 3127.824 0.000 N 1°24'20" E 166.01 6836 4755.002 3131.896 0.000 S 88°01'5 l" E 1153.62 6639 4715.361 4284.835 0.000 s 1°24•20•w 42.00 6631 4673.372 4283.805 0.000 N 88°01'51" W 139.76 6629 4678.174 4144.127 0.000 To Cntr. Pt. s 1°58'09" w 6854 4653.189 4143.268 0.000 Arc 39.52 Central Angle 90°33'49" Chord 35.53 Cbord Bearing s 46°41'14" w Radius 25.00 Bng from Cntr Pt N 88°35'40" W Tangent 25.25 Elevation Change 0.000 6628 4653.802 4118.275 0.000 s 1°24•2o·w 98.76 6627 4555.073 4115.853 0.000 N 88°01'5 l" W 42.00 6612 4556.516 4073.876 0.000 N 1°24'20" E 99.25 6611 4655.737 4076.310 0.000 To Cntr. Pt. N 88°35'40" W 6853 4656.350 4051.318 0.000 Arc 39.02 Central Angle 89°26'11" Chord 35.18 Chord Bearing N 43°18'45" W Radius 25.00 Bog from Cntr Pt N 1°58'09" E Tangent 24.76 Elevation Change 0.000 6610 4681.336 4052.177 0.000 N 88°01'51" W 843.01 6626 4710.303 3209.668 0.000 To Cntr. Pt. s 1°58'09" w 6852 4685.318 3208.809 0.000 Arc 39.52 Central Angle 90°33'49" Chord 35.53 Chord Bearing S46°41'14"W Radius 25.00 Bog from Cntr Pt N 88°35'40" W Tangent 25.25 Elevation Change 0.000 6625 4685.931 3183.816 0.000 s 1°24'20" w 98.76 6623 4587.202 3181.394 0.000 Raw: 88.0151NW 53.60 TC N 88°01'51" W 53.60 28 4589.043 3127.826 0.000 "Sight" Survey 990601-2-0701 Registered to: RODNEEY HANSEN File Name: K:ICOG0\200512051 O.ASC Tuesday. June 05, 2007 8:58 am. Point Direction TC N 88°02'06" W 28 Precision Ratio Length Traversed Length To Close Error in Latitude Error in Departure Error in Elevation = = Distance 0.00 I: 2.22E+-06 2854.83 0.00 0.00 0.00 0.00 Area= 60712.409 Sq. Feet or 1.394 Acres Northing Easting 4589.044 3127.824 Pg: 2 Elevation 0.000 "Sight" Survey 990601-Z-0601 Registered to: RODNEEY HANSEN File Name: K:ICOG0\2005\20510.ASC Thursday, March 22, 2007 8: 17 am. Pg: l Point Direction Distance Northing Database opened: Thursday, March 22, 2007 7:48 am. OPEN SPACE TRACT ''A" BOUNDARY Start 19 5701.161 S 88°37'27" E 578.89 37 5687.262 s 1°24'36" w 652.42 6659 5035.035 N88°01'5l"W 99.84 6660 5038.466 s 70°02'27" w 428.44 6650 4892.217 s 77°54'01" w 82.28 6837 4874.971 Raw: l.2420NE 826.44 TC N 1°24'20" E 826.44 19 5701.163 TC s 1°12'40" w 0.00 19 5701.161 Precision Ratio 1 : 2.15E+-06 Length Traversed 2668.31 Length To Close 0.00 Error in Latitude = 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 421450.665 Sq. Feet or 9.675 Acres Easting Elevation 3155.112 3733.832 3717.778 3617.996 3215.287 3134.840 3155.112 3155.112 232.071 -232.071 0.000 0.000 0.000 0.000 0.000 0.000 232.071 232.071 "Sight" Survey 990601-Z-0601 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Thursday. March 22, 2007 8:25 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Thursday, March 22, 2007 7:48 am. OPEN SPACE TRACT "B" BOUNDARY Start 45 5248.980 3723.044 S 88°01'51" E 413.19 44 5234.782 4135.994 s 1°24'43" w 514.02 95 4720.914 4123.327 N 88°01'51" W 74.80 6642 4723.484 4048.574 N 31°02'51" W 357.78 6661 5030.006 3864.050 N 88°01'51" W 146.36 6659 5035.035 3717.778 Raw: 1.2436NE 214.01 TC N 1°24'36" E 214.01 45 5248.980 3723.044 TC N 2°24'42" E 0.00 45 5248.980 3723.044 Precision Ratio I: l.04E+-07 Length Traversed 1720.16 Length To Close 0.00 Error in Latitude = 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 139666.437 Sq. Feet or 3.206 Acres 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 "Sight" Survey 990601-2-060 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Thursday, March 22, 2007 9:32 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Thursday, March 22, 2007 9:30 am. OPEN SPACE TRACT "C" BOUNDARY Start 6663 4844.882 4126.383 0.000 N 1°24'43" E 466.46 6844 5311.206 4137.878 0.000 S 88°35'09" E 330.68 6845 5303.044 4468.456 0.000 S l 0 24'5l"W 469.67 6843 4833.520 4456.864 0.000 Raw: 88.0151NW 330.68 TC N88°01'5l"W 330.68 6663 4844.883 4126.380 0.000 TC S 88°03'38" E 0.00 6663 4844.882 4126.383 0.000 Precision Ratio = I : 482160 Length Traversed = 1597.49 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 154775.447 Sq. Feet or 3.553 Acres "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Monday, April 23, 2007 1:19 pm. Pg: I Point Direction Distance Northing Database opened: Monday, April 23, 2007 I :09 pm. OPEN SPACE TRACT "D" BOUNDARY Start 67 66 s 1°16'22" w N 88°37'27" W 31 N 1°16'22" E 90 N 70°13'45" W 89 N 1°18'26" E 88 To Cntr. Pt. 60 Arc Chord Radius Tangent 87 Raw: 82.1046SE TC S 82°10'46" E 67 TC S 82°10'53" E 67 Precision Ratio = Length Traversed = Length To Close = Error in Latitude Error in Departure Error in Elevation 269.69 116.00 90.00 348.58 121.29 N 8°53'55" E 121.71 121.71 6468.00 60.86 327.85 327.85 0.00 I: 284319 1395.13 0.00 0.00 0.00 0.00 Area= 83810.894 Sq. Feet or 1.924 Acres 5936.240 5666.616 5669.401 5759.379 5877.289 5998.546 12388.693 Central Angle Chord Bearing Bng from Cntr Pt Elevation Change 5980.851 5936.240 5936.240 Easting Elevation 4599.457 0.000 4593.467 0000 4477.500 0.000 4479.499 0.000 4151.466 0.000 4154.233 0.000 5154.759 0.000 1°04'41" S 81 °38'25" E S 7°49'14"W 0.000 4274.652 0.000 4599.453 0.000 4599.457 0.000 "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Tuesday, June 05, 2007 9:23 am. Pg: I Point Direction Distance Database opened: Tuesday, June 05, 2007 8:52 am. LOTJBOUNDARY Start 6623 N 1°24'20" E 98.76 6625 To Cntr. Pt. 6852 6626 Arc Chord Radius Tangent S 88°01'51" E 6600 S 88°35'40" E 39.52 35.53 25.00 25.25 56.69 s 1°24'20" w 124.01 6622 Raw: 88.0151NW 81.93 TC N 88°01'51" W 81.93 6623 TC N88°01'06"W 0.00 6623 Precision Ratio Length Traversed Length To Close Error in Latitude Error in Departure Error in Elevation 1: 103566 400.90 0.00 0.00 0.00 0.00 Area= I 0022.569 Sq. Feet or 0.230 Acres Northing Easting Elevation 4587.202 3181.394 0.000 4685.931 3183.816 0.000 4685.318 3208.809 0.000 Central Angle 90°33'49" Chord Bearing N 46°41'14" E Bng front Cntr Pt N 1°58'09" E Elevation Change 0.000 4710.303 3209.668 0.000 4708.355 3266.321 0.000 4584.386 3263.279 0.000 4587.202 3181.398 0.000 4587.202 3181.394 0.000 "Sight" Survey 990601-Z.0701 Registered to: RODNEEY HANSEN File Name: K:ICOG0\2005\2051 O.ASC Tuesday, June 05, 2007 9:24 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 2 BOUNDARY Start 6601 4705.583 3346.930 0.000 S 1°24'20" W 124.01 6621 4581.615 3343.888 0.000 N88°01'5l"W 80.66 6622 4584.386 3263.279 0.000 N 1°24'20" E 124.01 6600 4708.355 3266.321 0.000 Raw: 88.0l51SE 80.66 TC S 88°01'51" E 80.66 6601 4705.583 3346.933 0.000 TC N 88°02'19" W 0.00 6601 4705.583 3346.930 0.000 Precision Ratio l: 122032 Length Traversed = 409.33 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10001.424 Sq. Feet or 0.230 Acres "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Tuesday, June 05, 2007 9:25 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 3 BOUNDARY Start 6602 4702.812 3427.533 0.000 s 1°24'20" w 124.01 6620 4578.844 3424.491 0.000 N88°01'51"W 80.65 6621 4581.615 3343.888 0.000 N 1°24'20"E 124.01 6601 4705.583 3346.930 0.000 Raw: 88.0151SE 80.65 TC S 88°01'51" E 80.65 6602 4702.812 3427.533 0.000 TC N 47°09'58" W 0.00 6602 4702.812 3427.533 0.000 Precision Ratio I : 1.43E-t-09 Length Traversed 409.31 Length To Close 0.00 Error in Latitude 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 10000.600 Sq. Feet or 0.230 Acres "Sight" Survey 990601-Z-0701 Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Tuesday, June 05, 2007 9:21 am. Pg: 1 Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 4 BOUNDARY Start 6603 4700.041 3508. 135 0.000 s 1°24'20" w 124.01 6619 4576.072 3505.093 0.000 N 88°01'51" W 80.65 6620 4578.844 3424.491 0.000 N 1°24'20" E 124.01 6602 4702.812 3427.533 0.000 Raw: 88.0151SE 80.65 TC S 88°01'51" E 80.65 6603 4700.041 3508. 135 0.000 TC S 44°27'03" E 0.00 6603 4700 041 3508. 135 0.000 Precision Ratio I: 3.63E+-08 Length Traversed 409.31 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10000.600 Sq. Feet or 0.230 Acres "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Tuesday, June 05, 2007 9:27 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, Juoe 05, 2007 8:52 am. LOT 5 BOUNDARY Start 6604 4697.270 3588.737 0.000 S l 0 24'20"W 124.01 6618 4573.301 3585.695 0.000 N 88°01'5 l" W 80.65 6619 4576.072 3505.093 0.000 N 1°24'20" E 124.01 6603 4700.041 3508.135 0.000 Raw: 88.0151SE 80.65 TC S 88°01'51" E 80.65 6604 4697.270 3588.737 0.000 TC N 47°09'58" W 0.00 6604 4697.270 3588.737 0.000 Precision Ratio 1 : l.43E-t-09 Length Traversed 409.31 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10000.600 Sq. Feet or 0.230 Acres "Sight" Smvey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Tuesday, June 05, 2007 9:28 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 6 BOUNDARY Start 6605 4694.498 3669.340 0.000 S 1°24'20"W 124.01 6617 4570.530 3666.298 0.000 N88°01'5l"W 80.65 6618 4573.301 3585.695 0.000 N l 0 24'20"E 124.01 6604 4697.270 3588.737 0.000 Raw: 88.015ISE 80.65 TC S 88°01'51" E 80.65 6605 4694.498 3669.340 0.000 TC s 14°35'56" w 0.00 6605 4694.498 3669.340 0.000 Precision Ratio I: 4.92E+o8 Length Traversed 40931 Length To Close = 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10000.600 Sq. Feet or 0.230 Acres "Sight" Survey 99060l-Z-0701 Registered to: RODNEEY HANSEN File Name: K:ICOG0\200512051 O.ASC Tuesday, June 05, 2007 9:29 am. Pg: 1 Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 7 BOUNDARY Start 6606 4691.727 3749.942 0.000 S l 0 24'20"W 124.01 6616 4567.758 3746.900 0.000 N 88°01'51" W 80.65 6617 4570.530 3666.298 0.000 N 1°24'20" E 124.01 6605 4694.498 3669.340 0.000 Raw: 88.0151SE 80.65 TC S 88°01'51" E 80.65 6606 4691.727 3749.942 0.000 TC N 47°09'58" W 0.00 6606 4691.727 3749.942 0.000 Precision Ratio I: l.43E+o9 Length Traversed 409.31 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area-10000.600 Sq. Feet or 0.230 Acres "Sight" Survey 99060l-Z--0701 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005120510.ASC Tuesday, June 05, 2007 9:30 am. Pg: 1 Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 8 BOUNDARY Start 6607 4688.956 3830.544 0.000 s 1°24'20" w 124.01 6615 4564.987 3827.503 0.000 N88°01'5l"W 80.65 6616 4567.758 3746.900 0.000 N 1°24'20" E 124.01 6606 4691.727 3749.942 0.000 Raw: 88.0151SE 80.65 TC S 88°01'5 l" E 80.65 6607 4688.956 3830.544 0.000 TC s 14°35'56" w 0.00 6607 4688.956 3830.544 0.000 Precision Ratio I: 4.92E+o8 Length Traversed = 409.31 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10000.600 Sq. Feet or 0.230 Acres "Sight" Survey 99060 l -Z-070 l Registered to: RODNEEY HANSEN File Name: K:\COG0\20051205 l O.ASC Tuesday, June 05, 2007 9:32 am. Pg: l Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 8:52 am. LOT 9 BOUNDARY Start 6608 4686.140 3912.446 s 1°24·20·w 124.01 6614 4562.171 3909.404 N 88°01'51" W 81.95 6615 4564.987 3827.503 N 1°24'20" E 124.01 6607 4688.956 3830.544 Raw: 88.0151SE 81.95 TC S 88°01'51" E 81.95 6608 4686.140 3912.446 TC N 52°33'18" E 0.00 6608 4686.140 3912.446 Precision Ratio = I : 6. 70E-t-08 Length Traversed 411.91 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation = 0.00 Area= 10161.800 Sq. Feet or 0.233 Acres 0.000 0.000 0.000 0.000 0.000 0.000 "Sight" Survey 99060 l-Z-060 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Thursday, March 22, 2007 12:43 pm. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Thursday, March 22, 2007 12:31 pm. LOT 10 BOUNDARY Start 6608 4686.140 3912.446 0.000 S 88°01'5 l" E 82.00 6609 4683.322 3994.398 0.000 s 1°24'20" w 124.01 6613 4559.354 3991.356 0.000 N88°01'5l"W 82.00 6614 4562.171 3909.404 0.000 Raw: l.2420NE 124.01 TC N 1°24'20" E 124.01 6608 4686.144 3912.446 0.000 TC S 1°23'31"W 0.00 6608 4686.140 3912.446 0.000 Precision Ratio l : 103015 Length Traversed 412.02 Length To Close 0.00 Error in Latitude 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 10168.000 Sq. Feet or 0.233 Acres "Sight" Survey 99060l-Z-0601 Registered to: RODNEEY HANSEN File Naine: K:\COG0\2005\20510.ASC Thursday, March 22, 2007 12:40 pm. Pg: 1 Point Direction Distance Northing Database opened: Thursday, March 22, 2007 12:31 pm. LOT 11 BOUNDARY Start 6612 N 88°01'51" W 82.57 6613 N 1°24'20" E 124.01 6609 s ss 0 01•51" E 6610 To Cntr. Pt. 6853 6611 Arc Chord Radius Tangent Raw: 1.2420SW TC S 1°24'20"W 6612 TC S 1°24'18"W 6612 Precision Ratio Length Traversed Length To Close Error in Latitude Error in Departure Error in Elevation = = = = 57.81 S 1°58'09" W 39.02 35.18 25.00 24.76 99.25 99.25 0.00 I: 559295 402.66 0.00 0.00 0.00 0.00 Area= 10107.414 Sq. Feet or 0.232 Acres 4556.516 4559.354 4683.322 4681.336 4656.350 Central Angle Chord Bearing Bng from Cntr Pt Elevation Change 4655.737 4556.517 4556.516 Easting Elevation 4073.876 0.000 3991.356 0.000 3994.398 0.000 4052.177 0.000 4051.318 0.000 89°26'11" S 43°18'45" E S 88°35'40" E 0.000 4076.310 0.000 4073.876 0.000 4073.876 0.000 "Sight" Survey 99060l-Z-0601 Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Thursday, March 22, 2007 12:37 pm. Pg: 1 Point Direction Dis1ance Northing Database opened: Thursday, March 22, 2007 12:31 pm. LOT 12 BOUNDARY Start 6635 N 88°01'5 l" W 6627 N 1°24'20" E 6628 To Cntr. Pt. 6854 Arc Chord Radius Tangent 6629 S 88°01'51" E 6630 84.01 98.76 S 88°35'40" E 39.52 35.53 25.00 25.25 58.76 Raw: 1.2420SW 124.01 TC S 1°24'20" W 124.01 6635 TC N 1°23'30" E 0.00 6635 Precision Ratio = 1 : 101248 Length Traversed = 405.05 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation 0.00 Area= 10279.273 Sq. Feet or 0.236 Acres 4552.187 4555.073 4653.802 4653.189 Central Angle Chord Bearing Bng from Cntr Pt Elevation Change 4678.174 4676.155 4552.183 4552.187 Easting Elevation 4199.807 0.000 4115.853 0.000 4118.275 0.000 4143.268 0.000 90°33'49" N 46°41'14" E N 1°58'09" E 0.000 4144.127 0.000 4202.849 0.000 4199.807 0.000 4199.807 0.000 "Sight" Survey 99060 l -Z-060 l Registered to: RODNEEY HANSEN File Naine: K:\COG0\2005\20510.ASC Thursday, March 22, 2007 12:32 pm. Pg: l Point Direction Distance Northing Easting Elevation Database opened: Thursday, March 22, 2007 12:31 pm. LOT 13 BOUNDARY Start 6630 4676. 155 4202.849 0.000 S 88°01'51" E 81.00 6631 4673.372 4283.805 0.000 s 1°24'20" w 124.01 6634 4549.403 4280. 763 0.000 N 88°01'51" W 81.00 6635 4552.187 4199.807 0.000 Raw: l.2420NE 124.01 TC N 1°24'20" E 124.01 6630 4676.159 4202.849 0.000 TC S 1°23'30"W 0.00 6630 4676.155 4202.849 0.000 Precision Ratio = 1: 102492 Length Traversed = 410.02 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departute = 0.00 Error in Elevation = 0.00 Area= 10044.486 Sq. Feet or 0.231 Acres "Sight" Survey 990601-Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Tuesday, June 05, 2007 9:48 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, Jlllle 05, 2007 9:46 am. LOT 14 BOUNDARY Start 6638 4693.367 4284.296 0.000 S 88°01'51" E 80.00 6636 4690.618 4364.252 0.000 N 47°42'03" E 0.90 6624 4691.223 4364.917 0.000 s 1°24'20" w 144.63 6633 4546.632 4361.370 0.000 N88°01'5l"W 80.65 6634 4549.403 4280.763 0.000 Raw: l.2420NE 144.01 TC N 1°24'20" E 144.01 6638 4693.370 4284.296 0.000 TC s 1°23'12" w 0.00 6638 4693.367 4284.296 0.000 Precision Ratio 1 : 148454 Length Traversed = 450.20 Length To Close 0.00 Error in Latitude 0.00 Error in Departure = 000 Error in Elevation 0.00 Area= 11614.366 Sq. Feetor0.267 Acres "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Tuesday, Juue 05, 2007 9:49 am. Pg: 1 Point Direction Dis1ance Northing Easting Elevation Database opened: Tuesday, Juue 05, 2007 9:46 am. LOT 15 BOUNDARY Start 6624 4691.223 4364.917 0.000 N 47°42'03" E 122.3 l 6637 4773.538 4455.383 0.000 s 1°24'51" w 230.0l 32 4543.595 4449.707 0.000 N 88°01'51" W 88.39 6633 4546.632 436I.370 0.000 Raw: l.2420NE 144.63 TC N 1°24'20" E 144.63 6624 4691.218 4364.917 0.000 TC N 1°25'19" E 0.00 6624 4691.223 4364.917 0.000 Precision Ratio = l: 126800 Length Traversed = 585.34 Length To Close 000 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 16559.166 Sq. Feet or 0.380 Acres "Sight" Survey 99060 l -Z-070 I Registered to: RODNEEY HANSEN File Name: K:ICOG0\2005\2051 O.ASC Tuesday, June 05, 2007 9:51 am. Pg: I Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 9:46 am. LOT 16BOUNDARY Start 6638 4693.367 4284.296 0.000 N 1°24'20"E 22.00 6639 4715.361 4284.835 0.000 N 2°00'22"E 124.00 6665 4839.285 4289.176 0.000 S 88°01'51" E 167.79 6843 4833.520 4456.864 0.000 s 1°24'51" w 60.00 6637 4773.538 4455.383 0.000 S 47°42'03" W 123.21 6636 4690.618 4364.252 0.000 Raw: 88.0151NW 80.00 TC N88°01'51"W 80.00 6638 4693.367 4284.300 0.000 TC N88°01'58"W 0.00 6638 4693.367 4284.2% 0.000 Precision Ratio 1 : 149048 Length Traversed 577.00 Length To Close 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 20774.741 Sq. Feet or 0.477 Acres "Sight" Survey 990601-Z-070 l Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Tuesday, June 05, 2007 9:54 am. Pg: l Point Direction Distance Northing Easting Elevation Database opened: Tuesday, June 05, 2007 9:46 am. LOT 17 BOUNDARY Start 6639 4715.361 4284.835 0.000 N88°01'5l"W 80.00 6640 4718.110 4204.879 0.000 N 1°24'20" E 124.01 6664 4842.079 4207.920 0.000 S 88°01'5 l" E 81.30 6665 4839.285 4289.176 0.000 Raw: 2.0022SW 124.00 TC S 2°00'22"W 124.00 6639 4715.361 4284.836 0.000 TC s 85°40'56" w 0.00 6639 4715.361 4284.835 0.000 Precision Ratio I : l.74E+o6 Length Traversed 409.31 Length To Close = 0.00 Error in Latitude 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 10001.095 Sq. Feet or 0.230 Acres "Sight" Survey 990601-Z-0601 Thursday, March 22, 2007 11:13 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 18 BOUNDARY Start 6641 4720.914 N 1°24'43" E 124.00 6663 4844.882 S 88°01'51" E 81.59 6664 4842.079 S l 0 24'20"W 124.01 6640 4718.110 Raw: 88.0151NW 81.60 TC N 88°01'51" W 81.60 6641 4720.914 TC S 88°1Tl4" E 0.00 6641 4720.914 Precision Ratio = I : 4.41E+o6 Length Traversed = 411.20 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 10117.514 Sq. Feet or 0.232 Acres Easting Elevation 4123.327 0.000 4126.383 0.000 4207.920 0.000 4204.879 0.000 4123.327 0.000 4123.327 0.000 "Sight" Survey 99060 l -Z-060 I Thursday, March 22, 2007 10:54 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 19 BOUNDARY Start 6643 4735.112 N 1°24'36" E 160.01 6658 4895.071 S 88°01'51" E 104.97 6838 4891.464 S 68°55'34" E 86.31 6839 4860.429 S 48°42'54" E 68.15 6840 4815.466 S 31°02'51" E 105.63 6841 4724.966 Raw: 88.0151NW 295.25 TC N 88°01'51" W 295.25 6643 4735.112 TC N 1°03'30" E 0.00 6643 4735.112 Precision Ratio = I: 7.67E+o8 Length Traversed = 820.32 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 36925.271 Sq. Feet or 0.848 Acres Easting Elevation 3710.395 0.000 3714.333 0.000 3819.245 0.000 3899.784 0.000 3950.991 0.000 4005.471 0.000 3710.395 0.000 3710.395 0.000 "Sight" Survey 99060l-Z-0601 Thursday, March 22, 2007 10:50 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Dist.ance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 20 BOUNDARY Start 6658 4895.071 N 1°24'36" E 140.01 6659 5035.035 S 88°01'51" E 146.36 6661 5030.006 S 31°02'51" E 357.78 6642 4723.484 N 88°01'51" W 43.13 6841 4724.966 N 31°02'51" W 105.63 6840 4815.466 N 48°42'54" W 68.15 6839 4860.429 N 68°55'34" W 86.31 6838 4891.464 Raw: 88.0151NW 104.97 TC N 88°01'51" W 104.97 6658 4895.071 TC N 88°01'45" W 0.00 6658 4895.071 Precision Ratio = 1 : 218213 Length Traversed = 1052.33 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 35785.369 Sq. Feet or 0.822 Acres Easting Elevation 3714.333 0.000 3717.778 0.000 3864.050 0.000 4048.574 0.000 4005.471 0.000 3950.991 0.000 3899.784 0.000 3819.245 0.000 3714.337 0.000 3714.333 0.000 "Sight" Survey 99060l-Z-0601 Thursday, March 22, 2007 10:47 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9: 30 am. LOT 21 BOUNDARY Start 6644 4738.542 N 1°24'20"E 130.01 6656 4868.509 S 88°01'51" E 99.83 6657 4865.078 S 1°24'36"W 130.01 6643 4735.112 Raw: 88.0151NW 99.82 TC N88°01'5l"W 99.82 6644 4738.542 TC S 88°0 l '49" E 0.00 6644 4738.542 Precision Ratio = 1 : 198644 Length Traversed = 459.66 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 12976.955 Sq. Feet or 0.298 Acres Easting Elevation 3610.637 0.000 3613.826 0.000 3713.594 0.000 3710.395 0.000 3610.634 0.000 3610.637 0.000 "Sight" Survey 99060 J-Z-060 I Thursday, March 22, 2007 10:45 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:ICOG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 22 BOUNDARY Start 6656 4868.509 N 1°24'20" E 170.01 6660 5038.466 S 88°01'51" E 99.84 6659 5035.035 S !0 24'36"W 170.01 6657 4865.078 Raw: 88.0151NW 99.83 TC N 88°01'51" W 99.83 6656 4868.509 TC S 88°02'39" E 0.00 6656 4868.509 Precision Ratio = I : 241902 Length Traversed = 539.69 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 16971.842 Sq. Feet or 0.390 Acres Easting Elevation 3613.826 0.000 3617.996 0.000 3717.778 0.000 3713.594 0.000 3613.823 0.000 3613.826 0.000 "Sight" Survey 99060 l -Z-060 I Thursday, March 22, 2007 10:42 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 23 BOUNDARY Start 6656 4868.509 N88°01'5l"W 99.00 6655 4871.911 N 1°24'20" E 130.30 6654 5002.179 N 70°02'27" E 106.30 6660 5038.466 Raw: l.2420SW 170.01 TC S 1°24'20"W 170.01 6656 4868.507 TC N 1°21'58" E 0.00 6656 4868.509 Precision Ratio = I: 284984 Length Traversed = 505.63 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 14865.607 Sq. Feet or 0.341 Acres Easting Elevation 3613.826 0.000 3514.879 0.000 3518.075 0.000 3617.996 0.000 3613.825 0.000 3613.826 0.000 "Sight" Survey 99060l-Z-0601 Thursday, March 22, 2007 10:36 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\200512051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 24 BOUNDARY Start 6655 4871.911 S 88°01'51" E 99.00 6656 4868.509 S 1°24'20"W 130.01 6644 4738.542 N88°01'5l"W 99.01 6645 4741.944 Raw: l.2420NE 130.01 TC N 1°24'20" E 130.01 6655 4871.914 TC s 1°23'14" w 0.00 6655 4871.9]1 Precision Ratio = I: 123452 Length Traversed = 458.03 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 12870.623 Sq. Feet or 0.295 Acres Easting Elevation 3514.879 0.000 3613.826 0.000 3610.637 0.000 3511.690 0.000 3514.879 0.000 3514.879 0.000 "Sight" Survey 99060l-Z-0601 Thursday, March 22, 2007 10:23 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 25 BOUNDARY Start 6646 4744.349 N 1°24'20" E 232.24 6653 4976.521 N 70°02'27" E 75.17 6654 5002.179 S 1°24'20"W 260.31 6645 4741.944 Raw: 88.0151NW 70.00 TC N 88°01'51" W 70.00 6646 4744.349 TC N 88°01'33" W 0.00 6646 4744.349 Precision Ratio = I : 188308 Length Traversed = 637.72 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 17239.431 Sq. Feet or 0.396 Acres Easting Elevation 3441.728 0.000 3447.425 0.000 3518.075 0.000 3511.690 0.000 3441.732 0.000 3441.728 0.000 "Sight" Survey 99060 l-Z-060 l Thursday, March 22, 2007 10:20 am. Pg: l Registered to: RODNEEY HANSEN File Name: K:\COG0\2005120510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 26 BOUNDARY Start 6647 4746.754 N 1°24'20" E 204.17 6652 4950.863 N 70°02'27" E 75.17 6653 4976.521 S 1°24'20"W 232.24 6646 4744.349 Raw: 88.0151NW 70.00 TC N 88°01'51" W 70.00 6647 4746.754 TC N88°01'33"W 0.00 6647 4746.754 Precision Ratio = l: 171730 Length Traversed = 581.58 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 15274.423 Sq. Feet or 0.351 Acres Easting Elevation 3371.766 0.000 3376.774 0.000 3447.425 0.000 3441.728 0.000 3371.770 0.000 3371.766 0.000 "Sight" Survey 99060 l-Z-060 I Thursday, March 22, 2007 10:18 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 27 BOUNDARY Start 6648 4749.503 N 1°24'20" E 172.09 6651 4921.540 N 70°02'27" E 85.90 6652 4950.863 s 1°24'20" w 204.17 6647 4746.754 Raw: 88.0151NW 80.00 TC N 88°01'51" W 80.00 6648 4749.503 TC N 88°01'05" W 0.00 6648 4749.503 Precision Ratio = l : 140048 Length Traversed = 542.16 Length To Close 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 15050.352 Sq. Feet or 0.346 Acres Easting Elevation 3291.810 0.000 3296.031 0.000 3376.774 0.000 3371.766 0.000 3291.813 0.000 3291.810 0.000 "Sight" Survey 99060l-Z-0601 Thursday, March 22, 2007 10: 16 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT28BOUNDARY Start 6649 4752.253 N 1°24'20" E 140.01 6650 4892.217 N 70°02'27" E 85.90 6651 4921.540 S 1°24'20"W 172.09 6648 4749.503 Raw: 88.0I51NW 80.00 TC N 88°01'5l"W 80.00 6649 4752.252 TC N88°01'56"W 0.00 6649 4752.253 Precision Ratio = I: 123507 Length Traversed = 478.00 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 12483.812 Sq. Feet or 0.287 Acres Easting Elevation 3211.853 0.000 3215.287 0.000 3296.031 0.000 3291.810 0.000 3211.857 0.000 3211.853 0.000 "Sight" Survey 99060 l-Z-060 I Thursday, March 22, 2007 10:38 am. Pg: I Registered t.o: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 29 BOUNDARY Start 6650 4892.217 S l 0 24'20"W 140.01 6649 4752.253 N 88°01'51" W 80.01 6836 4755.002 N 1°24'20" E 120.00 6837 4874.971 Raw: 77.5401NE 82.28 TC N 77°54'01" E 82.28 6650 4892.218 TC s 76°45'18" w 0.00 6650 4892.217 Precision Ratio = I: 84627 Length Traversed = 422.30 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 10400.507 Sq. Feet or 0.239 Acres Easting Elevation 3215.287 0.000 3211.853 0.000 3131.896 0.000 3134.840 0.000 3215.292 0.000 3215.287 0.000 "Sight" Survey 990601-Z-0601 Thursday, March 22, 2007 10:09 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 30 BOUNDARY Start 6666 4922.231 N 88°37'27" W 112.00 41 4924.920 N 1°24'51" E 208.71 40 5133.564 S 88°37'27" E 112.00 6669 5130.875 Raw: 1.2451SW 208.71 TC S 1°24'51"W 208.71 6666 4922.229 TC N 4°!8'57"W 0.00 6666 4922.231 Precision Ratio = I: 319521 Length Traversed = 641.42 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure 0.00 Error in Elevation = 0.00 Area= 23375.3 I 7 Sq. Feet or 0.537 Acres Easting Elevation 4571.088 0.000 4459.121 0.000 4464.272 0.000 4576.239 0.000 4571.089 0.000 4571.088 0.000 "Sight" Survey 99060 l-Z-060 I Thursday, March 22, 2007 10:06 am. Pg: 1 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005120510.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 31 BOUNDARY Start 6667 4920.310 N 88°37'27" W 80.00 6666 4922.231 N 1°24'51" E 208.71 6669 5130.875 S 88°37'27" E 80.00 6668 5128.954 Raw: 1.2451SW 208.71 TC S l 0 24'51"W 208.71 6667 4920.308 TC N4°18'50"W 0.00 6667 4920.310 Precision Ratio = 1 : 287497 Length Traversed 577.42 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 16696.661 Sq. Feet or 0.383 Acres Easting Elevation 4651. 065 0. 000 4571.088 0.000 4576.239 0.000 4656.216 0.000 4651.066 0.000 4651. 065 0. 000 "Sight" Survey 99060I-Z-0601 Thursday, March 22, 2007 10:03 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 32 BOUNDARY Start 6851 4916.773 N 88°37'27" W 147.29 6667 4920.310 N 1°24'51" E 208.71 6668 5128.954 S 88°37'27" E 147.29 6850 5125.418 Raw: 1.2451SW 208.71 TC s 1°24'51" w 208.71 6851 4916.771 TC N 1°24'08" E 0.00 6851 4916.773 Precision Ratio = 1: 356116 Length Traversed = 712.00 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 30740.554 Sq. Feet or 0.706 Acres Easting Elevation 4798.313 0.000 4651.065 0.000 4656.216 0.000 4803.464 0.000 4798.313 0.000 4798.313 0.000 "Sight" Survey 99060 l -Z-060 I Thursday, March 22, 2007 10:00 am. Pg: I Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\2051 O.ASC Point Direction Distance Northing Database opened: Thursday, March 22, 2007 9:30 am. LOT 33 BOUNDARY Start 6845 5303.044 N 88°35'09" W 330.68 6844 5311.206 N 1°24'43" E 366.25 39 5677.341 N 1°18'26" E 16.00 63 5693.337 S 88°37'27" E 120.02 48 5690.455 s 1°22'33" w 8.00 47 5682.458 S 88°37'27" E 80.00 52 5680.537 s 1°12'53" w 8.00 51 5672.538 Si 0 24'5l"W 41.09 6846 5631.464 S 88°35'09" E 108.67 6847 5628.781 N 1°24'51" E 56.16 6848 5684.925 S 88°37'27" E 21.96 6849 5684.397 S 1°!6'22"W 15.00 31 5669.401 Raw: 1.2451SW 366.47 TC s 1°24'51" w 366.47 6845 5303.043 TC N9°20'13"W 0.00 6845 5303.044 Precision Ratio = I : 814365 Length Traversed = 1538.30 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area= 119570.188 Sq. Feet or 2.745 Acres Easting Elevation 4468.456 0.000 4137.878 0.000 4146.903 0.000 4147.268 0.000 4267.253 0.000 4267.061 0.000 4347.038 0.000 4346.868 0.000 4345.854 0.000 4454.491 0.000 4455.877 0.000 4477.834 0.000 4477.500 0.000 4468.456 0.000 4468.456 0.000 "Sight" Survey 990601-Z-0701 Registered to: RODNEEY HANSEN File Name: K:\COG0\2005\20510.ASC Monday, April 23, 2007 1:20 pm. Pg: 1 Point Direction Distance N onhing Easting Elevation Database opened: Monday, April 23, 2007 1:09 pm. LOT 34 BOUNDARY Start 90 5759.379 4479.499 0.000 S l 0 16'22"W 75.00 6849 5684.397 4477.834 0.000 N 88°37'27" W 21.96 6848 5684.925 4455.877 0.000 s 1°24'51" w 56.16 6847 5628.781 4454.491 0.000 N 88°35'09" W 108.67 6846 5631.464 4345.854 0.000 N 1°24'51" E 41.09 51 5672.538 4346.868 0.000 N 1°12'53" E 8.00 52 5680.537 4347.038 0.000 N 88°37'27" W 80.00 47 5682.458 4267.061 0.000 N 1°22'33" E 8.00 48 5690.455 4267.253 0.000 N 1°16'22" E 144.10 91 5834.519 4270.454 0.000 Raw: 70.1345SE 222.14 TC S 70°13'45" E 222.14 90 5759.379 4479.499 0.000 TC N 63°28'01" E 0.00 90 5759.379 4479.499 0.000 Ptecision Ratio 1 : l.82E+-06 Length Traversed = 765.12 Length To Close 0.00 Error in Latitude = 0.00 Error in Departure 0.00 Error in Elevation 0.00 Area= 29842. 746 Sq. Feet or 0.685 Acres y__ ill ill Ol l) z ),--C) <[ 1-- r: ~ I--::r <:( <J) ill'({ \9 :3 oz' -() {l/_ I-- >--z ww _J I),'_ \9 z <:( _J UJ r: ----------- 0:: I)_ I)_ <( w ~ 0 >--rn z 0 VJ > w 0:: . 0 z ·-·· ' ... 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'·• ·-. ,. ,, .. . •, '•._ ORIGINAL C:tRADE CF $I.OPE A...ANT PIT 3 X DIA ROOT BALL -. •., -.... , ... ,._ ,i, --.,'" ' -' . · .... ,, . ·--..... ,, . , .. .,--. / ' ' --.. ---< ·-. ·--.. ( j ' '·, • ·. \ •. , • ,. .......... ,. _ _f ...... , .. , ···-. ·····') i ···--.... ,_ . '. ···----·····---.J ;:) ··-,_ • ' .i )'..__ . .,,_ • ...__:, ___ .-•• -.7:., __ , ,""' --.,_ / ... '·-, ·--, y ,· •, -.; :_ ·, .. '• ·- ·, -. ' .. , .... __ •,. SHRUB PLANTING ON SLOPES PLANT SPACING PER PLANTING PLAN - 2" MULCI-I INf.iTALLED Sl:FO~E PLANT IN& - PREPARE BED A5 FER lLRITTEN &F'ECIFICATICN NOT TO /;CALE .€,CALE: NOT TO SCALE North $cats 111 = 30'-12'11 •., ' -._ -.. ' ··-... , ; --..... ·-. ···-. I . · .. , ..... , ,,, "" ·--, __ :_( ', /·--.. '·-.,,.\; ·,,. '· ··, ·, .. n" .:, \~<:;: ... :)<::·· ,,.· ··,/ f .-' ! '· <. ' ' ' ., .... !.:·, . < . ·;-, ..•. (\ ... '. .. ' .. ~---"' ,,. -......... - .. ··•·· '-.. ;_ ·--.. ····-.. , ·-cc --.. ~-·-•. ,, ', ' •, ( . ' ' Fl anting Area 30,000 SF ·---- ' '· . ···~ ; ' • . .: '' ./ \,_ }"' ,,. . ',,;. _,,'/ -·· ····· / ·-·;-. . . . /,', ...... . , , ··-, , ... j / •, ..•.. ~ \>' "<'· -, : ; '., . . .'.".+:: •-0- ' ..... , ··_/-:.···, ............ ~>-. :)"' ~--~-· •-,,'"-..,,, '••. ., •'V -···-......... • -.. _.( / ,_ ;->; ' ' ;.:·- ./" . / / ' --\ :\ r.: ;;;_ .. .. , ' . ',,,_ ; '• .... , ' .-· .... ---__ _..-· :,.~ -------,.- . "_,., ..... / ----..... /, .... ' ! . ' .,, .. ,. ,,,.-------, .. \ i" ·--. ·' --···-..... ····-, .... ••,•,,Yo.\'./· --..... , ....... __ _ -. --.....• . ... ' • .. ··-·, . ·-~ .. : _,..- '' ... , ..... . . .. : '. ,. ,.e"' : ' ' ,_ ----o-- •:···~·· PLANTING R§V§G§TATION L§G§ND (Quan1.i1.le,; include Sree1.s L-4.0R, L-!:>.ORJ ' .... -. . j CJ Tr~e Legend Ccimmor, Name Plariune 51ze Acer c1rc1nai.wm Vine Maple 5 -&al Ac~r macrop~ I lum ~4 5-G:al Alnus rubrd ~ed Alder 2-Gal Fopulue-trichocarpa Blac:k Cottonwood 15 5-Gal PtiS\Jdot1:;,uga menzieeii Dougie!~ fir lc?8 2-Gal Sal!x e.coulerfana Scouler'fi Willow 13 2-G-al ih\.Jja pl!cata Wee. lern Red Cedar b(Z') \-Gal Vegstatiof1 6roundcover Mix A • (5tream Buffer Area&) 6c!entlflc Nam\9 Common Name Quant1t~ Qi"'f" /M&F Plant 1119 arze Cornu& 6tolonifera R:edOsier D~wood Mei lei E.a/M&F I-Gal 4<Z> Ea/MSF 1-C.al Pol::j5ticr'Um muriitum .Sward !=err, !>0 Ea/MSF I Gal Rubue. parv i rlaru~ Thimbleberr~ 10 Ea/MSF 1-C.al 6.arnbucus racemoec:i Elderberr~ [I, Ea/MSF 1-C.al oxc:ilis ore9an" UJood OOrrel 6!:,!mphorictirpo~ alba einowberr!:.I e, Ea/MBF I-Gal Tolmie.a menzie,ii Youth-on-.a9e 2it) Ei':I /MSF 4" Fot "NaUve &pecise spec1ried ln vegetation Grouridcover Mix A shall bs in&ta lied .3t the mlrilmum '4Uar1Utre.; JncHcat.ed per 10e:iei SF of area. Space plant& 19ClU.:3ll~ th-oughout the area In rariclom 9rciuprn9e or ::1-9 planle or each epecree. ( Api:,roxlmate ep.9c!n9 30 Inches on center trlan9uldr tl-rou9hout) 1-l~ciroeaed Eroelon Cof1trol Mix_ R.erer to Note& tar e,peclf'lc requirements rn detenuon pond area. ' ... ~· -~ . ',. . . ' ' .. -, ._. ' -· . . " ' . : ' . ' ' ' ··: ; ' ' .-. ve9eta1.icil"I UroUl'ldcover Mix e ~, (Opc9r1 5pactS Areae,) Common Ndm.!' Quantil~ QTl/MSF Cor~lus cornuta UJeslerf1 !-!azelnul 220 10 Ea/M&F I-Gal Gaulthsria ~hallon 5alal BB@ 40 Ea!M5F I-Gal Pol'!;j5tichum mU<1itum Sword Fern !:>0 Ea/Mel' I Gal Rubu& parviflorue Thimbleberr~ 10 Ea /M5F I-Ga I 5a~bucu& racemo&a Elderberr~ 16 Ea/Mel' I-Gal 5~mphoricarpoa alba Sriowberr~ 116 B Ea/MSF I-Gal iiarella tr!falralo Foamrlower 440 2e') EalM6F 4 11 f'ot Tellim,;1 9rar.diflora Fringecup 440 20 Ea/MSF 4" Fot ·~ Nallve e.po9cies specit'1ed in vegelcllion ~roundcover Mix 6 s-hc!ll be il"lstal!ecl at the minimum quantit.iee, incHca~ed per I.Z,!Zl~ SF or area. Space,: pl.::inl1;, Gqu.311::j throughout lhis ared in random 9roupin9s of:;;>-~ plants of eac.h species. (Approximate-spacing 312? if1che& on center lri.:inguldr lhroughouU Not.es-; Cor11.ractor ls respone.ibl~ for vsrif~irig .311 arede. and 0iullnt.ities. All exi1;,lin9 tree;, in dred!:> lo be reve9el~leol 6re lo r5m.ain. Remove a!l exi6ling unde!>irable vegetation (blackbsrri&6, 6COtch broom, reed canar~ grt!I ;,&,, etc.) from the sits prior to revegelt!ltion. Roote., c:rown6 i5nd veget.al!on shall be diepoeed of le9all~ off e,ite. Wydros.seded area .around detent.lor, pond shall not rec.elvs af1~ type or e.oll prepdrallor, treatme1t. J-i,~droe.eed mix e.hall cof1form to ~1.ormwater trdct "Low-grow" ~d mix ei=:,eclfled ln the K1n9 Count~ 6urfdce Water De519n M<'.lnual. ExLst.1119 e,oil in all areas, to be revegetdi.eol ehall be &carified to a minimum deplh of 12 inches prior to amendm<.!:nl. lncorporat~ a minimum 2 inch thick la~er of cedar grove compost into lhe top£, inches or lhe exietin9 soil immeclialel'::! prior to pl~nling. Ensure lh,H compaction cio!';;ls not exc.eeci 8:;>,..o proc:tor ciSf15it~ 1n an~ plan-Lif1g .area5 . Following planting all rsvegetatsci arsdEi &hall receive a minimum '2 inch ciepth la~er of' ceddr grove cc,mpast ta retain moisture and prevent ,sraeion. Rerer to planting del.aile.:, .r 6 on Sh:9et L-~-~ 5iZ<!I I) "' ). ill ' . -. DATE 0 C ' +---' C Q) LL E Q a Q) > Q) D 6'.i a w z (!) ~ 11-14-0b I • w !;: a 0 z aj c:: w I: w I: •- " C 0 ~ ~ w w Cl::'. (_) z 0 >-f- <( (') :zz f-I <( l/) <( w (') 5 0 z- 0::'. 0 f->-z WW _J Cl::'. 0 z <( _J ~ w w C) > C) C ' l0 [l'. [l [l <( w ~ 0 >-w z 0 1/) > w [l'. 0 z ,~-- ' / , .... . ,-- , '/' .. ~,.···· ..._ __ , ' ... .· .. ,, / Refer to wetland j buffer restoration f,-'"' , p I o.rlf! Sheet SK~,1 f6r>'<pia7:fin~i'> , n 1ft h i~)fl reia. ,, '; ( .. j' ....... • • • • • • • ... '····-.... • • • • • • • • • •• . +. • • • ...... •• • • • • ·---,_ ! ··----:-,., . ,,·, • h, • ........ .l .. ':·: • l .. + ,,-/_ ,, .·. ' ~ / • . :,. /' " . '• "'. '; ' ,, , . .. · ":, .:?" ..... • t / \ • • · ... / ....• , I ' •. · ··'+ ·+ • • I ' I I ; ' ( (, ·...,! Planting Areo 13,720 SF // ,// / f ' ,,. ... '··,, / • · ..... . .... ... ... ,. ....... ·--... ; ..... ·· : .... · / ·-... / ... , ... ...... /,.. ;: I (\·,., i;j ·, .. , , ..... li<u ... .... ··/·'w .. : (,:, ·······-.. ,,,.,'f-J... ydroseed Area 26,515 SF . • ' ' ! ' ··~, , .... . ' . ' ., ! . ' I I -I .J. i -.. - '·. '• "'• ··.,,. ·1 ... •, ., '••., .. ··,, . ··.~ •. ·.:~ ,'!": > \) j'' .·i .. ._) "· .... __ .,., .. r ',,; ' ·· . .,, "'• <I··- ·.,., •. ·, \ \ ···, . ·· .. ,. .. , .. _ ;• • ·•C ,-. •• '-0 I + ... .. · ,1 .. , .. , ./' ··; • • . +: • f i • •• • , • +/ .... , • • ...,.' ... . + I + +.· ~-:..···' ... .... ,{ • • ' ... / ..... , . ... 1..,. ... ·· ..... , .... /, '/' • · .. ,)::-.'" ... • ' .; , , • <i' I .... ; .,. .•. , •! ... • ·· ..•... : ··.-··i·; ·-:. ,, ' • • • • ' , . • • • • • • •• •• • • • • ·+ / .......... • • • fa, • •• • .. ··+ +/ ~ ............... ... . , ... ' , • r . . , -,,.......,,~--•:-"'--:-I' ... . . , + ·•!"' • 4 • • • : .... \ ... ·· ...... ····~ ....... ····~ ···-... 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'••, ··= ... . *'· .. +' ···::··,·· .. ,;,.:·:> .... ~+· ·······~· '•,., • • ·.<o\' • · .. + •• • • • ~--• ... ·········· .. 1 • • ··..- • • • • • • • • • • • • • • • • • ..... · • • • • ...... ···-·· • • • • • • • • • • • • • • • • •i • • / ... • ...; ~ /. • • • +! • • j ... • 4 •• • • ... , • • c; ~-·.,J ~-.... .·· .. = ... •• • •• t • • ...... i ..,: ··. ,, ' . .... ····,·J~. • • ... ·' :+ • • • • ·"' .·' • • • • • ··~ .... ... •.... .,,.~. . / ·--·. '··,, -..... , . .,_ .. '!'> .... ' ..... ... .... ·· ..... . ·w • • • ··. ~ . :.::... •• • • ...... • ..,;:··· ·~ .... · ... ........ , ·····.~. ·· ... ,,/ ... : • \ ' ...... ., ·· ........ ·. ··-..... , ..... i ' ... :,, .. ./····· ,/ ..,-· ' ···············---~· ' ! [ i ··~··. i " : l '· . ···, ·1 . . . •, ·. '··, · ... '• · .... ·. '· . ... "', •, ..... ,-' I. ··· .... ' ·,,. · ... , . •, ' '·· ..... Planting . Area 11,327 SF~~ '· ' .. ' . ·,,. ···. "'•, ·· .. ·~ .. •, ..... .. ····., .. '"'·· '·,. ·, ..... '•; . ' · .... , ... ·, . '. , , .-·· •, •, ·, ··\ .. • /' '··' '. ·.,_ .. · ..... • .. •, . ·, . . ' ' ··· .. '. ·., '· ·. ··., .. , ·, .. •, ··-.... · .. ' ' . ·· .... ·· ... , ' .. . ·· ..... , .. '· '• ·, · ..... ,, . ·· ...... ··,.:_, '• .. _,/ ·>< j: ,,/:··. ,r ; ·· .. , •, ·· ....... \ ........ ........ ··: j . ·· ....... ~ ... .: ,' ··< ~:'f. ,·· ·.· ·, '•· .. \, '. ·,,., ·· ...... .. . '•, •, . • ....... ·., . • · .... ·. · ...... ',·,, -./ .. ··.. I · .. ·· ... . . ..•. ·· ... ' ···, •,. ·, · .. •., ... ··., ·. ··., •, ... , ' .. · .... ···, . . .. . . . .. ' · ....... ·,, ·· .... ·· ... ··,, . ·, .. ··. ' .. ·, " ·-., · ...... ··-.. · .... •. ·, . '· .. , .. ·. ·· .. ', ·· ... ', ··· ......... . ''' ., ..... .. "•• ', . ·· .. ' .. ... ·•.. . · .. '" ... ·····• .... ... ·,' · ..... ···,' · .... ·, ', ·, .. · .. , •,. ··., ..... ........... ···, .... · ........ ·······--·····--· .,,,. .... '· ..... .... ·· ·.,""-". • .. , ···· .... ' ....... ........ · ...... •, ·,. . ,. ..... .. . .. ··, .. \ ·\. ··., . •, ·., ' . ' ·· .. , ·, .. · .... ' · .. ' ···· ...... · ..... ·, ··. '· · .. '· ...... .. . '•. · ...... ... ···· ..... ...... .................. ·-... ,. ·· ..... , ' ... ····· ·s.,. ' .... "·· "•. ·,. ·, ... ' ... . ........... . ·. ·•·· .. , '·· .... ......... . .. ..... · .. '• ' . ..... ', · .. , ·. ·,, '•·, . •,, ,, '· .. , · ....... \ . ·····' .... ·· .. ,. ·, ...., ' .. , ,,. \,v<',t_/ .. ' .. r·· ···,. . ................... ·-..... ......... · .. ·.::~:·:, ........ ii···., ..... . ···-v··· ·. / / ... ·~ • . . .... ... .. , .. , .... • .. , .... . ' . • ... '·. ···1", ··\·.... .'+ ~· . ',I, / ·.~-•, ...... ··.;;· ::··: :, ... ..;··, . ...... . i ... : +-...../ ··, . ... .. , ... .. ,... .... ., ... ··,:, /·· ,:~./<.· '·' · ..... ... ··., ... ... ·· .. , ... • • ~ ·········, ..... . . ... ·,. :,.. • • • • • • .... ;+ • ·, ... '· + • • • • • ·· .... • • •., .... ·-• • • .... -.. u • ... ; :-.... • • ....... ... ····:.; ...:> ' • • • • ... .., -; •.C _, ,,:, c·/ /. , . . .,,' -. , .. ····.1:.I' . ' '·/ ,) ·· .. /· .,··· '·.~',,-··· ... , .. ,. ... , .. ' ... ··....... ..... ...L' ·· .. . .. , ... :-.., .... ·, j ... . ....... ··. '··, ... : ........... , .......... , .... ,. :.·.·,.., ' ........ ::::· ., . .,••··-.cm-.. ••·"'"·••••' · ...... · .. , .. , .... '•· ..... ·, ··· ... '•. ' ·· ..... ·-..... . ··,. ···,. ·. ·, ... . ........ .. ·· ... ... ·· .... , .. .. ··,., ·.,, ... ·.... ! ·.. ! '·. . : : -.... , ·,·... i \ ' '·•,. ' ... , ... ··., .. ··· ... ·· ..... . •Hydroseed ~reo 1 5, 4 o 3L s F_--"-...,..,.--"""" '· I ', ' . : ' •·. .\. ·, ··' •,., . ,. ... ·-\. ' ··. '•., . .. \. ·· ... ,. ··, ·., ... .. · ... , ·····., ·,,. '· .. , . ·······,. •· .. , ··.'/-. ..... ! ·. ;. I ·,. ··. ·. ·1·--··· '""·.-............ . ........... , -.. ._,,. ..... .·::·::.·.::·.-::~::,...\. ····-·····~ .r ... ·-.... _. ..... ......,_ ... L-;:---···· ........... -.. , ....... ,. .. ,. :ac~.·.-.·;.·.c,• .... L\ ....... .._,_ ; !' "" ... .. ----·.·· -· ·········-· ····-· \········ ·:·:::::::r~t ... ... .. '+ ·· ....... ······,····=·· :., •. : .. • • • • • • • • • • • • • • • • • • • • • • • • • • • '·,,. ··• ··,. • • • ··-.... , .... • ... , / ··, ' .. ' ·-·-, .. . .,: • • • • • • • • "····-.;·-· ·· ... :,;":"' .,,.,. ···;-.. .. , . .,; .. : ·;/ ....... ;· .. ,. '• ·, .. • ·, ··· ....... • • • ·····,. • • • • ·········} ... ··~···+, ... i .. ; ............ 2 • .. • ··,. ···,. • . • • • ··· ........ . . '·· .. , '•,.: ............ ... ... ·· ........ ' • ........ .. ",j;;·., ... ;... ... +--. \ ... -..... ~! j .. --·~--··'.* ......... \*·· ...... _··..__ ... ·-.. ~:,. ' i ,: ...... i+ 4,. ... ... , . .> ..... ii . • • ······ .... '•.' ' • • ··· .. , • ·-.. .. \ ·,. ···· .. , '·,./ ··./ ... ·, .. _,,.. .. / .. ~/::.:. ./ ·.;; ... /,,/-' ... // /·~ ~. ... / ... "., .. • • \ .... • ... / / if,'---. /+ .... /./ ··,. ... /-':. ... _.-' ' '· ... • • . /;;; \,, .. , ,/ /' + ,,... ... · . ···-....,,. .. + ·· .. ~ + / ····.,. ·, ... ... /,..<:. .... ... / '· . ·, ..... 0.. ·;;· .. ',,' · . .., ,<.: . ._ ..... .,._,' ' .... ' .. ' ·"- ' ·'.,,.: ...• ~ ,, .... , .. . . ., .,. .... .... , ... ) '· ..,. .. ;-.. · . ..... ...,. i,(·· ~···· .a c·, "·:· :: :, / ,/ . , '. .. .,--··· ... -'····-',. ··-, :'.:) ' ... '., ii , ... ·:,: •·.· .. , .. •.• .• ... , .. ····-··· .\ ·~ ... ·-. _., ., ... •, < ---',_~ <:·- ...... ' .,.: ' '"·-'[ -----'.i ;: 0 North cale 1" 30'-o" ' . .. ····· .............. .., .. ······~.' ... '-•••.., .. ... ' ' ..... ,,. Planting Area 10,000 SF ,··' ···•··· ...... ··~ .. .. ·: . ·-,.- ·,, ,· . ~. ·' .. ; / /;' '• :.,. \/ \ ··-·•--. ... -_ _.J'.~:-C::. , .. , ' ~ ( ?:-~-,,~---=:·~it ... -~-.. ,_ .... ·--~. ··1··· ..... ~--·-······· . · .. c;,•:a ,c~;_:;,;~c:»,.;,,,'C• w,,-,_,,; ....... ·~ "' ........ ·-... ... ··=·--·::::. ···'"·····- .) ,· .. ; ., .... .., · ... , ............. ... / ,··' '· . : ........ L ...... ,,. ' · ..... ., ..... :, ..... •... ·.' ... . .... , . . ... .., . •,,., ',\< ....... '"········ ......... . ... ·-·· ......... _ ..... ,. .. > .... : · .. ,,J•• .. _, .. _,_._, .... ,,..;;:i::ic:: -..... r •• ,. ···~ ·•w, c.".".oc; ••·-..,·=•• ........ , ..... ,···· ······ ·/ ·-· .. : ... ' .\ ' : ', ........... ,·· ·············:,:·---···· .; ._;.:_:-.·.· · ·· · · ................. '. = ".;;.-.:·.-.-..:.: :ri n:, _ .. : : :: .:; ~ .... .,. .... _.,.. ........ ... . .•.•.· ..... ::: :;.;: •· ·••c.,, •• ,,, ••..,.,., •. ••-... ,..,:.• ";••, • ·· .• , • ..,. ·\\ j / / //···· .. ./ ,·· .\ > ·.··.r, .. _: ... ·· . ' : ,' .... , .., .... ,,,;· .. ). ,, ,· ...... -··· . . .., .·. ...---- .--,···· . .-' / ··-.,... __ _,..-· .. ' ....•. .... ,• . ....•.. , ... .. / _/ '··~. ... ,. ··. "'· J ' ·······-· ....... ;. , , .. ··· ,.--· --..... \ '. \ ( -...., : • . / ·~·~. .·... ~ ..... ···-~, ..... ,..,,, ..• ,;..... !" .. • i '• . ./ -. <. ' '" .. ' · .... · ;•••• ••v,.,., ··•, .... :.O.,.•. ':::,,: .......... ~ .. ,., ... . ... ·············-··- .......... ······ ··..,. ···--..... ... ·. '· \ ·--., ' ./ ···· .. . '· \ '-., ·-f-.... , / \ ······ ........... , ' . -., ; ='. ·_::, '······· .•. \ , .,; ' , A '·· i ) /"' '· ; 0 ( ·-.., .... , / ~ .... , ·, . .., .. · ....... .. . 1 ; _&\ ~ 1 ~ I • ~ =-' ~ JA - " ... ... ' ... ... . ' .... '. '·.·:: .· ...... . " ... ' .. ' . :: '' :.• ' '' . ..... ' ·.· .... .' ... ; ·· .• ··:~.·:.-......... :.• D • • : 1; ., "/ . ·· .. , ··· .. , .. '.,. < ·· ......... . //!.·· SF · ... -.. _,\·-... --------~-~I Planting 10,000 Area ' ' : '·· ' ... ,, .... •. ,. --.-- ······;.· . ... -........ ... ...... · .... . ........ . ····<;"° ,·;·l· ' ·, ... / . .. ' / ···< • ···, ) -... ; '-'< ... ···' ' ) . .. -. .............. ,. ..... -.......... -.,. .. ..,,_ ,,.. ... ; .. .,J ·,, ' .. ~·· ·····--. .,_··' .~ .... ·· .. '·' .......... .., ............ ,. !. ;~->!:>fr·-· ,v., .. · ... / j'. n ' ! ~;! 1/. ,-. ,-,. i··'{· ·, I , . _. , ·-.. I t... ', .i ·~···· ·--~ . ' ··--····' ··~· ... ' . • ,:C...,· .. ., i . ··--.. , ·-.,., /' ,,, ) <,; ···, .. ,. ··y··· .. ·.J\) ' •... ·····~ PLANTING REVEGETATION LEGEND (Quantities Tree Legend Scientitic Nome Common Nome Quon lity Planting Size Acer circinotum Vine Mople 75 5-Gal Acer mucrophyllum Big-Leaf Maple 34 5-Gol Al nus rubro Red Alder 53 2-Gol Populus trichocarpa Black Cottonwood 15 5-Gal Pseudotsuga menziesii Douglas fir 68 2-Gal Salix sc::ouleriano Scouler's Willow 13 2-Gol - Thuja plicata Western Red Cedar 60 1-Gal .. Vegetation Groundcover Mix A ' (Stream Buffer Areas) Scientific Name Common Nome Quantity OTY/MSF Pion ting Size Cornus stolonifero Red Osier Dagwood 500 10 Eo/MSF 1-Gol Rosa gym n ocorpo Wood Rose 2.000 40 Ea/MSF 1-Gol Polystichum munitum Sword Fern 2,500 50 Ea/MSF 1 Gal Rubus parviflorus Thimbleberry 500 10 Ea/MSF 1-Gal Sambucus rocemoso Elderberry 800 16 Ea/MSF 1-Gal Oxalis oregano Wood Sorrel 1,000 20 Ea/MSF 4" Pot Symphoricarpos alba Snowberry 400 8 Eo/MSF 1-Gol Tolmiea menziesii Youth-on-age 1,000 20 Ea/MSF 4" Pot • Native species specified ;n Vegetation Groundcaver Mix A shall be installed at the minirnum quantities indicated per I 000 SF of oreo. Space plants equally throughout the area In random groupings of 5-9 plants of each species. (Approximate Spacing 30 inches on center trion gulor throughout) Hydraseed Erosion Con tral Mix. Refer lo Notes for speClfic requirements ;n detenticn pond area, . . . .•.· / ,·' • . .... 1·· .. __ '" <' / ' '.,.., / ... .. ,. .. ::J:,:=::,c-.•,.•.• _ .. ,··· :, .. ,:~ ...... .. ···· ...... ... , ·-... ~-... ~ · .. r" . -__ .. .:>:·"%-"· .. ). .. _ ........... ·.·:.+.-. . ::. +: ·-.~ ..... ···- . •,.., -~ .. f ·•-. .,._.,,,. ... .,j .,: .... '". ... ... /'· './ · ........ ·-...... .,..., .. ··~ . . .., ... ····-···· ,..... . ....... .. ..... ,;:· . ..... ,.., · . \ . -~···'·· ·-··.-~'."'··. · ....... w .. ;.," :O:v•••" •• ,:,.,. • .... ., . . .. · ... ' . " .. ) . .... , •; ~ •,.. I .. ,. ...... · .. ./ ·, .\ : ' " ; y ;/ .. / '·.,.-. ,··· )/ ············-- ' . ; ::. ; '·.,. . ... , .... , ? ) '.-' . ' .. include Sheets L-4.0R & L-5.0R) Vegetation Groundcover Mix 8 "'* (Open Space ArEos) . Scientific Name Common Nome Quantity QTY/MSF Planting Size • . .. . .. ' Corylus cornuta W.es tern Hazel nu l 220 10 Ea/MSF 1-Gal Goultheria .. st,<Jllon Sala I 880 40 Ea/MSF 1-Gal .: ... Polystichum munitum Sword Fern 1, I 00 50 Ea/MSF 1 Gal Rubus parvif:orus Thimbleberry 220 10 Ea/MSF 1-Gal Sambuc;u::, racemosa El.derberry 352 16 Ea/MSF 1-Gol Symph oricorpos alba Snowbefry 176 8 Ea/MSF 1-Gal Tiarella trifolicta Foam flower 440 20 Ea/MSF 4" Pat Tellima grandiflora Fringecup 440 20 Ea/MSF 4" Pat *"' Native species specified ;n Vegetation Groundcover Mix B shall be instolled ot the minimum quantities indicc,ted per 1000 SF of areo. Spoce pion ls equolly throughout the i:irea " random groupings of 5-9 plants af each species. (Approximote spacing 30 inches on center triangular through au\) NDtes: Controctor is responsible for verifying all afeas and quantities . All existing trees ;n oreas to be revegetated ore to remain. Remove all existing undesirable vegetation (blackberries, scotch broom, reed conory gross, etc) from the site prior to revegelolion. Roots, crowns ond vegetation shall be disposed of legally off site. Hydroseeded area around detention pond shall not receive any type of soil preparation treatment. Hydroseed mix sholl conform to stormwoter troct "Low-grow " Seed mix specified in the King County Surface Water Design Manual. Existing soil ;n all to be revegetated shall be scarified .. areas to a minimum depth of 12 in ch es prior to amendment. Incorporate a minimum 2 inch thick layer of cedar grove compost into the top 6 inches of the existing soil immediately prior to planting. Ensure that compaction does nol exceed 85% proctor density in any planting areas. Following plor1 ting oil revegetated areas shall r1:;c:;e1ve a m1n1mum 2 inch depth layer of cedar grave compost to retain moisture and prevent erosion. Refer to planting details 5 & 6 an Sheet L-5.0 C (I) Q_ 0 -0 C 0 C 0 ~ 0 u 0 (l) Ct'. "O C 0 [l C 0 -C <I) -(l) D 0 I .,- C 0 o_ °' C C 0 [l '" u 0 Q_ [fl ·-.r: u "- 0 Q) a. (I] 0 """0 2 U o en ·u u W ~c "' 0 <( t; w -, ff a. _y_ G) G) L u +---' 0 G) 0, v ,_ Ct' ~ C]J 0, C 0 _J DATE JOB () C 0 Cs N sci" I c() c() N Q_ ::J 0 \._ C) +-' C Q) E Q_ 0 GJ > Q) 0 0'1 C 0 _J I tii w :c (l'J w ~ 0 0 z iii 0:: w 0 w _;,_ w ::SC C 0 Q_ C 0 ·-+---' 0 +---' Q) Ol Q) > C]J Ct' Ol C •- +---' C 0 Q_ 11-14-06 DWG NO. __ ,,11.,,-a•,-• ~-···~- J01'1 -b 7!lll7 "' 0 0 ~ -. No ~ ~ .. 0 fl/ i :::.::: w w O'.'. uz 0 >-I-<( (.') ~z I-I <( S2 w :s: <..'.) " Oz O'.'. 0 1- )-Z wW _J 0:: <..'.) z ::5 g 0 2 I -C. Q) 0 u .0 ::, ~ "' C "O ·-:, al '-. "' C ·-C C: 0 0.. g 0 N 'tjN N z <t: _J a.. UJ 1--(J) _J _J ~ UJ > 0 g 0 I z 0 V) ~ n:: • 0 z . ."' .. , IJ~ .. Cl ' --· ' ' '.' ' ' ,_ ,.o ..... .. , ', .... -~- ""' ... ,,·v,r{" , ...... ·( ....... .> ... ,. ; :3l·,~J-~H ;_ ' ' wi '., ; .., i ~1 '-. ! [ ... ' ,I/If . ;> " j:) 0 .;, .. PORTION OF THEN. 1/2, N.E. 1/4 SECTION 3, TWP. 23 N., RGE. 5 E., W.M.; PORTION OF THE S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E./W.M. ·,, -'-- ,.· ... '• @ .. 0 . "' .. ;., " --:)f:':(t :-; ' ," . '' i'.\' • ' ·····-j ·,-.," ''\.> ,' ""·" ,.,~" ··""·'.:~~-j ,o .... -· ---. . • •• .---.. ';.} ",_\ \' '•. '"'"\' . . •,,-, ....... m,'"' :·'{,:::\\\\_\ '' -,_ ··--1:,_ ' • ', ',. ' \ ,\. ' . ' . •, '• ·-·-, ,.,.· J)_::.: \_ { '>\'"-· • ·, . "' . ' .. ,, . ·,_ _.,,---,.. ,, ',._, '-" •... -<,-:~ --.. :,. <•'0 . ' J' .-:s,.f;,/_, .. .. , .. , ....... ,,. .. ,.m"' ' '.,· . ,,,- .... '-~-- ......... _ .... ,;.).' / "·\.'.. .. ;;;~,:---0, __ ,,.-" .. - ·-:.·.· .• ··.~.-~ ;_v,.-· .. ,, .. . ·--·-· ' ._;,..,. --- ... , .. ,. ' ..... ,_ ----.. , .. , ... . .. ""' 'm,•, ,, .· . ......... -· «,o'",' ., .... ,. ...... , ·-..... , .. ' ,. ·-,' ,. . '· ' i ... . ' • ··, -\ ' \ . +" , ....... . ' ' ',' • "\ . )''' .. · . ·,)>----·_....· ., .... . ·) ' (:,-, \ ' ••• 0 '.'.-'-' ' . i / ; -., . 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'-•.. ··, '· ·,, '-,_ . \, --., --., \ .. "' ·, ,, __ -... ,_ -.. ,_ ' ,_,_ , '' ···1;/ ---,_\ • ' ' ; . • ' 1 .... ·.·.·,,,., .•. ; ,,?.\\S,,; "' N .. -/ 1 ' !i "' ·' :1 l / 1l ;, ;-:;. ., • / / ,;· ., ·, . '\ iY\,. ~., " J -,.w;-.. ,- ''s ':--.,, ' .. ,.,.,.,- ". __ , '" , . . .-.. ,.,, .··· • '. • · .. . •. . •, '··,. . ·-,. '·,_ --, ' ' ·,. ' ' ·,, ·, "' ,, . ' »·' \ ,,, ,.· ' . ........ ___ "•., ', -·, . '-,,,_ . ' ·-.,,_ ···, .. ;' ...... ', f. \_ ' ... .... __ • ,, , ..... ,, __ -.. " ' ; ., \ i _) {' ' ; • ' \ • . \ S S1·77'JJ" I:: ' s 01·22·33·wLO;!li4 8.00' ~ ~ 88'37'27" E o "' 80.00 -- S 88'37'27" E .~, ;j ', S 01·24'51" W 20.00' '·. ' •• ·.y· --~·'' / _,, .,-·· ' ·--.-._ • .. , -. ' .• ', ·-.. __ •-... -,-,, ·,,,' .. ' ·,,_ \ •. ,. ""· · . ' . ··,-. .. .•. " •,, '-c' . . ; .. ' ·-. ' •• -~--,-- ' .-.,. ' ··~-.. ·· .. ,, '·--•, ' ,,, •o,. ' . ·,._ ... ,_ -.. , . .. . ,., .,.'., .. "· '"'--~. ",, --,---. .-... ,, ·-.' ' ---.--.. ,, • ' . . \ ', .. ,, ' ' '<:. · ... ,,.. \;!I ·,_ \, '"-, •, l® \ \, \ '· ' '• • . . ' I,/ ,, ' •• ~· ,•o .. 'o< 130.67' ,,-' I 1 ,,. ,330.67' r -.. _ • I I :5- ··'-' --, . ,,. ' ~' . ' ' ,, ., j,. -•~-·,. ,,., "" ., .,,,., ~·o.c•:>·. ,· • •, '""""" "'•" •. .,,., .-;. • .... ,., •. , c,• .-;-,-',•,<. - . "' :•'.',' .•.,,-,,,-,,,Y ,C,, . ' ,S ;r· ., .[_ ' --w ' ' ' "' N <O 0': q -/ '\1 g g <O 0 V, ··-.. ' • ' "' .. N • -0 V, ,, e-,-E S 01'24'51"W 20.00' ' ... , •.. ""· ..... , . - ••8,-,,. ., . ,. "" . . ' N N "' • -Q V> ' S 88"07'27" E 339.29' • ', .. ® .. ' , •.. .-'" ,-.. !/"'• ! -'·--...i' .. ,.,.,.,,~~""!' J~ NOTE: EXISTING UTILITY LOCATIONS SHOWN HEREON ARE APPROXIMATE RESPONSIBILITY TO LOCATION OF TO COMMENCING THAT ALL ENGINEER ONLY. IT SHALL BE THE CONTRACTOR'S DETERMINE THE EXACT VERTICAL AND HORIZONTAL ALL EXISTING UNDERGROUND UTILIITES PRIOR MADE CONSTRUCTION. NO REPRESENTATION IS EXISTING UTILITIES ARE SHOWN HEREON. THE ASSUMES NO RESPONSIBILITY FOR UTILITIES NOT SHOWN UTILITIES NOT SHOWN IN THEIR PROPER LOCATION. CALL BEFORE YOU DIG: 1 -800-424-5555 ' ....... " ' h, .I I ' ' ' s)... >. ' ... , ' .. , " { ,,.-,) · .. , ® ···, '"'•v,._ ,...... .-·>; "· .... , ... ,, ... . , .... ' .... • o .. '' ,,.,., • ; : ' "• , ... " .· ./ ,.. ,· : ..-... ~ .... .. -.. "'"'':':' .. , ......... ,. ......... ., .. 339.29' "'""""'·'",' _(.,, ', .. N 80 0 80, • DR 160 scale feet @ ~-,----------------,---_:_:_:_-13 1 "=80' I RECOMMENDED FOR APPROVAL If ' By:, ,_ _________ _ Dote: ------ I By:,_i _ ... _ .. _ .. ,_._·-----=~ PP\~:.~··'----- By:; Dote: 1----------------------- By:: Dote: ----------------------- ... . ,_,, ~ !:l,'ltjl ~ c., ~ z Ill ~ ~~';! 0 ~ .J 0 • (.) z --a.. ::::, ~ (!) 1-z w :E a.. 0 ...J w > UJ 0 >-w ..J (.I) z :5 "' "' 0 0 N '-. --'-. N - z ~ a.. UJ 1--(J) _J _J ~ UJ > 0 PATE 09/12/2006 JOB NO. OWGNO. SHEET 2 OF 22 • 0 z ~ • .-. • "' "' " i:: O::'. Q. Q. <l'. z 0 V) 2'i 0:: 0 z ·~~--~~~~~~~~~- ·,-· '"""'""''""'"'"'" '"'""''"'"'" Refer to Sheet ..................... ,,, .... , ........... , .. ,, ... ,,,,,.,, ...................................... ,.,, .. ,, .... , .. , ......... , .. , , ....... ,, ........ ', .. , , ....................... ,,, i '"~"·-' "''"''",--··'· L-4.0R for planting within open space areas~··. . ·'· ,.-.:.: ""' ;:. "', . ' , .. ,, ... ·. ·-·---' ~ "·•,, .. ·_· ·:.~ W~tland Buffer Restoration Bouridar::J !:?,340 SF-~ I I . . ' .. , I . I I. ;, / ' ----~ --·;.:_-,,""-~-, :_·· . ' r"' ' ' '"• ', --.. , . ' • > ' . -" :·· .) . •. ,-'' ' ' ., ·, '' .,· , . ' ·" ., i I ' 1 . ·, ,, . ' ' / I .. , I . ' ' I •.,. ',. / • ' ' / / '7 ... / / / I ..... I I ···· ... I I I. I ( ' I I / /'' ;I '>-. \ \ : . .,._,.' ;' : . '· // ' ' i _/ ,/ ' ' / i ' ' · R,efer to Sheet L-4.0R for h::Jdroseeding of · de:~tention pond// ··>· / i / '" / / '' ,. / I ,/ / . ,,,,._ / / / ; area i ____ .c___,,, . -<~ -., ' ·, ·-, . ' ' ,, ' •,, '' ,, ' '"' ,. '' ,, ·, ., ' ., ' ' ' ' -.. ,' .... , '··,, -. ' . .,,_ ' .. -. ,, Refer to Sheet· L.:.4:0R for plc1ntin9 . within open spa i;:e .area~ . ' ... '·· ( i ', '\,··.· .-•' /' ..... , ·, '' ' ' ~-.. , . ·-" ,, ' ', ', . ' ' ' ,, ' ' / I .',/ . ·, ,,._ '' ·,, . '• ', ·,'. :._. -. ------/_ ··,.,. ./ _/ ::·-, ' ' . . '<>-..... . ' ,, ' ' ' . •, ' . · '· _)'. ' .. \ '' ,'""' ' ' ' •, ' I ·. J' ' ' .... ' '·· ',, ', . ' " ' . ' ', ,, ·--------·--' -----.... ', -------~-~--- / / I ', / / ... , '~ ·--, .. ' .. ,., -~-- . --, .. ' ..•. _, . ' " " ' ' ' ' I I . '• .... "'·-.'' J I • I i I -. ", ~ .... , . ·. -. ,, ~ .. ·--... _\ ', °s' • \ . ' ', ' ' ·-! '., ' . ' . -----. ----'----. -,,, •,, I I i ".! I I I I I ' I , i L . I , ----- ,, ,,-. () ,.-,, ' ', ,, ,. -<· ' ' !"'") I . '' ._._., . -','..-,;"' - . ,. ,' " ·-·~.. ,_ ..... •... ,· .. · ,, -.· . ' . ' ·. ,. ·, '• \ \_ • ' ' ... ' ' ' "' •, ' ·1' ',' .' \ ' ;_ t ; l 'i i \ ' . -. \ '\ '\ ·., \ ' . --'', '' -.. , ' ' '.)"' _,/··· ./ ,;,._: ---I '', ·. ',' . " .· ·" ' ' '.• j j .. ~----- . . .. ,/ ·-,,_/· I .. ----... , / ./ i ,... l t .. 'c .,,· ,>•. ,, ... ; "" ·s.,j \ \ ', i ! i ·' I i ' 1 : i : i f ; ) i 1 : i ' i ! , . ' i i i : i • 1 : i : i ; i ' I ' i I i . I I ( : I ,: t : i i ! ; ; ; i ; ' ' ' ' ' : ' ' j I ! ' , j ,!,/··- c' c/ i ! -! i j i I i ' ' ! ' l j I! ! ' i _, ·-. I i I / f . ' . '"""~ ' ' i ' t·--l i ' l. .,, ''• i i' . ' i -._ ! ( I ! I '' ' i Wetland Buffer Restoration Plant Legend (Quantitie's include Sheet SK-I onl!:J) ' Qua:nt it!:j (/:\l' Scientific Name Common Name Planting Size 0 Acer circinatum Vine Maple 10 ! 5-Gal Multi-Stem / '\"' ~ / Acer macroph!:Jllum Big-Leaf Maple 3 i 4' I-It. ' I 13' ~ 0~1~ Alnus rubra Red Alder 3 ! 4' I-It. ' Mahonla aciuifolium Tall Oregon Grape 16 ' 2-Gal 18 11 I-It. V' 0 1 '-., ~ ~ ' Philadelphu& lewi&ii Mock Orange 30 ' 2-Gal 18 11 I-It. I ' ' Populus trichocarpa Black Cottonwood 4 ' 4 1 I-It. I I , // .. P&eudotsuga menziesii Douglas Fir 3 2-Gal Ribe& &anguineum Red Flowering Currant 21 2-Gal 18 11 I-It. Rosa g!:jmnocarpa Wood Rose 112' 2-Gal 18 11 I-It. ' ~ ~-' S!:Jmphorlcarpoe, a Iba Snowberr!:J ,601 2-Gal 18 11 I-It I Thuja plicata We&tern Red Cedar 4 i 4 1 I-It. '"" I I /. Trifolium repens White Clover 3011{Acre Outside mulched area& ' Notee, Contractor is respon&lble for verif8ing all area& and ciuanfitie&. I Exi&ting soil in wetland buffer re&toration area &hall be &c 9rified to a minimum depth of 12 inche& prior to amendment. Incorporate a minimum 2 in,;::h thick la!:Jer of cedar grove compoe,t into the top i6 inches of the exl&ting &oil \mmediatel!:J prior to planting. En&ure that compaction does not exceed 85% p 1octor densit!:j in an!:J planting area. ' ' Stake all tree& a& reciuired to provide &tabllll!:J until e&tat:Jli&hed. App18 2 Inch thickne&& of medium coarse bark mulch continu~usl!:J through shrub ma&&ee and tree& in a 18 inch radiu& (3,6 inch diameter) from each plant. All plant& In the wetland buffer re&toratron area shall be lrr,igated with a temporar!:J ___ grip JrrJgatiQl'I_ 6!:j§tem deeJgn~d P8.'4U9JJfiect l~tt'19.&.caee. cc:~..@.ctor~--2~&te1J1. shci I I provide a minimum of one emitter per plant. Follow manufac:turer'e, recomended in&tallation procedures. Watering &chedule to be determined b!:J Altmann Oliver Ae,e,ociates LLC. Acce&& to public water &ource near detention pond acce&& road will be provided b!:J project Owner. 2" MULCH MAINTAIN &AUGER ON LOJIER &IDE OF PLANT TO HELF RETAIN WATER · PRIOR TO PLANTING TEST ALL;--r1rf=' FIT& FOR &U6-DRAINA6E. I DRAINA6E 16 ADEQUATE PLANT AND 6ACKFILL WITH SPECIFIED PLANTING &OIL, WATER AND TAMP LIGHTLY TO REMOVE AIR POCKET&. /NOTIFY ARCHITECT OF ANY PLANTING FITS Wl-!ICH DO NOT • ORIGINAL GRADE OF SLOPE PLANT 50 THAT TOP Of: ROOT 6ALL 15 EVEN WITH THE FINISHED GRADE 2 LOOP& •4 CHAINLO(':K PVC TREE TIE. LOCATE A60VE FIRST 6RANCHE&;oR A& NECE56ARY FOR FIRM &WFFORT ' HA VE ADEQUATE 5U6-DRAINAGE. DO NOT FL.ANT FIT ! X DIA ROOT 6.AI.J .. FRE55URE TREATED RQUND 2" DIA. X 6' e>R 8' HT. &TAKES, 2 FER TREE, DRIVEN FIRMLY INTO 5U6 GRADE PRIOR TO ElACK FILLING. TREES UNDER 6' HT MAY 6E 5TAKED:WITH A SINGLE &TAKE DRIVEN IN AT IN&T ALL PLANT&.! SHRUB PLANTING AN AGLE AND 5ECUR!;D WITH CHAINLOCK AT TUk:> l"'OINT&. .k"-····-c····""""········· -----~=~-----------------._, __ TfaJNK I-IT. FORM WATERING SAUCER MULCH NOT TO 6CALE DETAIL 5FECIFIED PLANTING 501L MIX . PRIOR TO PLANTING, TEST EACH HOLE FOR ADEQUATE DRAINA6E. NOTIFY ARCHITECT OF ANY DRAINA6E ISSUES FRIOR TO PLANTING TREES NOTE: OR 5HRU66. STAKING AS REQUIRED TO INSURE STA61LITY OF FLANT UN'(IL 2 ESTA6LISHED PL~T FIT 3X !irOOT BAl..L OIA ----t--R_E_E_P_L_A_N_T_I N~l:--G:-D_E_T_A_I L_..:.::..:.::.:_NO:..::.:.:T T.=:.:.O 5-==CAL=-==-E . -.. , CITY OF RENTON DEVELOPMENT SERVICES DIVISION APPROVED By ••• C\CP. ... r ,. a ,~ w u- Date -···-ic0Ay d. ~ - b w -, ~ ll. 7) Q) ill C !U _J DATE f--z w ..J () • 0 C -+-' C Q) E D... C) Q) > Q) 0 ~ 0 w z (9 (/) w 0 - f--z w f--z 0 () tu w I (/) 12-11-iZ>b z 0 f-- ll. ()'. () ffl 0 0 z ~ ()'. w I.') w I: w I: JOB NO. ~----- DWG NO. _____ _ SHEET SK-I LO 0 :!,~ I 0 "' I 2 I I " L() w i ~ w ' "' z 0 f--- (.'.) z I (/) <( 5 -z 0 f---z w n::: . ... -o o.- " 0 0~ ~z (/) fl) ·c Oo ,;I. ·-oE ;;: "O >--~ <( () . ·-~z -w .D • :l D.. -~ CL u o::; '-c O'o .!:a E '\] ... ~ ,v :o E ~E o>·-cN C c,, C c,, 0 " CL .._ ~ ;;; • 9· -~ ::; ii ::::, ~ 'ii C) ~1 ~ -;w 2 ~-i,i ~o g ~ ~ ij •C '<: ! ! "' L ~ ' w w w " " :s L , (/) ,. ii I ~ "' • ~ ia ~ ii • Ii ii :c ~ w C 0 0: 0.. ~ w I-~ [ii z a (/) G'.i 0: . a z -I ...J f',-1 ........ 0 0 • N • ..--- I I _J _J f>.. ,£ f>.. fl.£ f>.. ~p 0~ p., "' C {>,.fl.£ ·- ..c ..c (.) (.) IP @) • l • p .61' ' N ..- I I _J _J (I) (I) C C ·-·- ..c ..c <.J u ...... ...... 0 0 ~ ~ •~ C @ " • FIRE 6. 18 A C D F M p w Tree Retention Legend Caliper Size in Inches ot Chest Height Alnus rubro (Red Alder) Thujo plicato (Western Red Cedar) Populus trichocorpo (Black Cottonwood) Pseudotsuga menziesii (Douglas Fir) Acer macrophyllum (Bigleof Maple) Tsuga heterophyllo (Western Hemlock) Salix bobylonico (Weeping Willow) Existing trees and understory vegetation lo remain undisturbed. Install construction fencing lo protect tree roots from disturbance during construction activities. See Notes. Existing trees and understary vegetation lo be removed. See notes. Notes: All trees indicated lo be retained shall be re-evaluated by a qualified hazardous tree consultant prior to clearing. Consideration shall ba given to the final development plans approved by the City of Renton for each individual building lo!. Where possible additional existing trees and undisturbed understory vegetation shall be preserved between homes. Any trees determined by the qualified tree hazard consultant to be unhealthy or dangerous shall be removed. Reier to Conceptual Planting Pion Sheet L-3.0 for typical lo! development recommendotions . All trees indicated lo be removed ore located within or immediately adjacent to areas that are sub jecl to construction disturbance. Where construction plans ore modified from the original plans, existing trees and undisturbed vegetation that can be saved shall be protected as outlined above. 8100 0 North Scale 1" -30' -0" LL Q) 0 ,.., I.... N ::J ... +-' I u If) Q) If) N u _. .,...._ ..c "' u N ... C I.. '-' 0 tO If) '° =:i u Q) ii, 0 "' tO ,.., C: -O> If) ·-a.. ,.., .; 0 -<( I c:::Ji~ "-' ;: If) Vl Lll . "' ·;:;u Lll C 0,..... wgc 0 -Lll 0 C N "' 0 If) " ... .,: _ ~ Cl:: '-' • u ..Y. C Cl) Cl) ~ I.... Q_ u :J 0 >-. L 0 (.') 2 +-' C +-' Cl) 0 E Cl) Q_ CJ') 0 D Cl) ,- O:'.'. > Cl) >-. 0 Cl) >-. CJ') Cl) C 0 CJ') _J C I-z 0 w __J ~ t; 8 w I-I--, z lil :i1 w :I :c a. () <I) DATE IJE\tc, i:'.:-30-05 C 0 - Q_ C 0 ·-+-' C Cl) +-' Cl) 0::: Cl) Cl) I.... I- z 0 Ii: it: () fa C 6 z ~ "··0 •VI. JYJ'-[\( C'T' i,;:t f F'LAf · - I ( ()f: f't-)\{T,. •J;\i{f,J( JOB NO. 1C OJ\J ~ DWG NO. JUN -6 2007 ¥1* "'""' ?), ,...~ SHEBTi · D L-1. 0 NO. (J) ::::0 ~ (D (D --+- (D (D ,-+ ' ,-+ 'O I _,. --I . ' 0 (D (D ::::0 (D ,-+ (D :::I ,-+ -· 0 I :::I ~ C [ I -0 0 [ f :::I ' i ' i. (D l.O ! (D r ::J Q_ t i I 0 ::J 1 I I w REVISION -.. ·-.. • w • M • ....... 0 0 ~ : i : ~ L' BY I - 'SlJRVffl:D: Hon sen Surveyors DESIGNED: GE -GE CMECKtO: ME DATE I APPR I -"""'= e -.. "' G I wu, ONE .... AT Ft.u.. SCALE F NOY ONE NCH sc-.L[ .JiCC(llllt)NlL T • 'flll'"' · ,u .. 1 • 8 'n " G \/ERl'CAL: Wl/0 1988 ttOftlZCNrAL: "6\0 ISIIU/15191 DATUM - • n CITY OF RENTON Planning/Building/Public Works Dept. Gregg Z,mmerman P.E .. Administrator ® '--~- • @ -n " LANGLEY RIDGE AT MAY CREEK RENTON, WASHINGTON • t M -l'"'' a:l\\lV/.//. 111 1111"'1 I -I ·=""" • I',.) • , _ ,\\JWn, ~-___ ____ .k .. ,. p ( ~ ·01 ~ g'<J <'<\ \,, 5-30-05 FIELD800Kc ...,., ORNIINU NO: S'U.11:~ W:. L-1.0 -....::'. dd~ dds ' d<92 ~'<"j (J7 -i> )> (J1 ,_....., •• If \' ,, 0 " 1--~ ~ ,,\\\I//// ,\\I//!, ft ,, ~ ~ 1/l..,f\()}IJ\34 '"'""' 1 ..._ 1 \ _ ,,I\J.\bfSFff'~ ~ ff... e::.:,. ....... 1___ //Afl\\\'-' ~ ...._\\l\_Jj//_k I ~--~; I C . -~ t I ' I (. I ' ,, ! I ' !f ' . f l t l I ' ! i-" I r i ' r ' ' en ::c ~ • CJ '-CJ ::;; 0 )> (;) (II --i f'1 z z 0 ~ ::i Matchline Matchline L-1.'-= ~ ,,,\\1111,. (=\ PROJECT Longley Ridge at Moy Creek Ed und Associates. inc. landscape architecture CLIENT 15005 SE 171st ' ~~ .. I O,,L ._ ""I ' c:; (°'' ~ f :u, 0,Q'I Longley Development Group, Inc. ~ Renton, WA 98058 :;1~ ~ (425) 255-5726 (425) 255-4270 F N lf',1 . -' 0 ~ "" m -~ 0 ,:::, o= I ii'I 5: SHEET CONTENT . DESIGNED BY DRAWN BY CHECKED BY ~? Tree R e ten t I on P I an " -:.,, ? ~ .,_ -!i) GE GE ME ·ei. <:rJ ij~ f!, '~~ Slate ol woshing1on R•qist4tt"ed Londscape Architect Cer,cld Edlund Certifieote No. 87 - REV. NO. ® ·- DATE DESCRIPTION i'-,,,, .. -; > -~ { -., "~·,,.! LL! i __ Li (\-~ ' ,./ ·-~·1--- ,,--,-.. _ \. _) ::c i ·---·· (/ LL.I / ,·;· <. '. _-;:,,.,, r-/ .-·. \..'. .... > .• _) >··· _; " '·, ' . , ___ .., _j Y'"'""~ ~ -----' ~· , ... r·,-1 ,,-y.:il ~"'"''1 w l'.) w l'.) -'a : ii ·5 ':,.: \i. CT> L OJ t~1 ,J) \. " ,_,_ C) w :, [Y Q_ Q_ <( w !;;: 0 >-rn z 0 Ul > w [Y 0 z •, - j " ' ,, ' ·,. ·1·· t ' ') -. .. (.) f:J ' ·-.... .. __ ·- --~- ,.__ __ --- ~-------.. ,, ·, "·, ... ·-- '· • .. .. .. '· --."'--..... --,,,,__ ··, ' ', ""~-- ·~, ' ', ·, ''--..... ... ___ -------,,. .. '· ----. ....._~ ' '· ', .... <, ---~ ·, ,, ·-.... ,.._ ' \ \,, ' ---... I I ! i r, ... I , .. 5 ;::: 2.. I . : ."-?· .. I\ I \ ' • ' \ _/ .. -··,1-·· ---.; . ' 11 : ' '. . ' : ' -d I I I I ) i i I 1 I ' i I " , I I ' ; ! ' I ~.1[ "' ( ( • Ar yd Are I ! -~- • ,-. 4" " ' ,. I ,·' J. ) , I I I I L . '- Scale 1'' I . -.. . . /". " . ' . .-: ,j r · I ., ·-' ,, • r·v·-, . , ' '--' ·-J ~:--.. -- North ' :[ i J ' 30'-o" '~-----.. -,.· --·--·------- I\ I " ' I anting / 1 J -~/ '/ ,,) I Area 10,000 '·'-. SF __ ) . (")·. L, (]] C"I "\ \ \ vv Plan ting Area 10,000 \ I I I i"' ,.---' UL so ~~;.) I 0 ""'9 ..... ·1 • ~ ' ...... . ' .. ,: ' ... . ' ... ' ' ... . ' ... i":-: .. ... ' .. '.' .. ' . .. ' ... . ' ... ' . ' ... ' ... . ' ... ~ .. ~- D • • ______ ,, __ ·-... ____ ---------.. .. ,. --~ .-:.:. __ \ ~-+-· 'J ~---,- /\ 1 0 1,~/ J ( '(" ' I , ) \._/ \_..i ' "· ,•" ,, ,---:; ""a' ) 1~''"--. .._ __ ) ,-, ____ .,,. ·-·------· -----. PLANTING RE VEGETATION LEGEND (Quantities Tree Legend Scientific Nome Common Nome Quantity Planting Size Acer circinatum Vine Maple 75 5-Gal > ·_ Acer rnocrophyllum Big-Leaf Maple 34 5-Gol :.-: Alnus rubro Red Alder 53 2-Gol Populu~ trichocarpa Block Cottonwood 15 5-Gol Pseudotsugo menziesil Douglas fir 68 2-Gal Salix scouleriano Scouler's Willow 13 2-Gal Thuja plicoto Western Red Cedar 60 1-Ga! Vegetation Croundcover Mix A * (Stream Buffer Areas) Scientific Name Cornrnon Nome Quantity Q1Y/MSF Planting Size Cornus stolonifero RedOsier Dogwood 500 10 Ea/MSF 1-Gal Rosa gymnocarpo Wood Rose 2,000 40 Eo/MSF 1-Gal Polystict1um munitum Sword Fern 2,500 50 Ea/MSF 1 Gal Rubus porviflorus Thirnbleberry 500 10 Ea/MSF 1-Gol Sambucus racemoso Elderberry 800 16 Ea/MSF 1-Gal Oxolis oregana Wood Sorrel 1,000 20 Ea/MSF 4" Pot Symphoricarpos alba Snowberry 400 8 Eo/MSF 1-Gol Tolmieo menzlesii Youth-on-age 1,000 20 Eo/MSF 4" Pot * Native species specified ,n Vegetation Groundcover Mix A shall be installed at the minimum quantities indicated per 1000 SF of area. Space plants equally throughout tt1e area ;, random groupings of 5-9 plants of each species. (Approximate Spacing 30 inches on center triangular throughout) Hydrose~d Erosion Control Mix. Refer to Notes for specific requirements in detention pond urea. include . •. .:, . .. .. Sheets ' ' ~----·--- ;/(" /r L-4.0R & Vegetation '.) (.j lrre • J J L-5.0R) Groundcover Mix B 'I I ,·,,1•;-J xo -, / ~.J 1...,_/ ' '' (Open Space ) Areas) I ;\ I \ ! ' J v V n, I • I I i ......... L .. _ Sci en ti fie Name Common Name Quantity QTY/MSF Plontin.g Size Corylus cornuta Western Hozelnu t 220 10 Ec/MSF 1-Gal Goultherio shallon Solol 880 40 Ea/MSF 1-Gal Polystichum munitum Sword Fern 1,100 50 Eo/MSF 1 Got Rubus parviflorus Thimbleberry 220 10 Eo/MSF 1-Gal Sarnbucus racemosa Elderberry 352 16 Eo/MSF 1-Gal Symphoricor·pos alba Snowberry 176 8 Eo/MSF 1-Gal Tiorello tritoliato Foamflow€r 440 20 Ea/MSF 4• Pat Tel limo grondifloro Fringecup 440 20 Eo/MSF 4" Pot .. Native species specified in Vegetation Groundcover Mi:x B sho!I be installed ot the minimum quantities indicated per 1 ODO SF of area . Space plants equally throughout the area in random groupings of 5-9 plan ts of each species. (Approximate spacing 30 inches on center triangular throughout) Notes: Contractor rs responsible foe verifying all areas and quantities. All existing trees ln areas to be revegetoted are to remain. Remove all existing undesirable vegetation (blackberries, scotch broom, reed canary grass, etc) from the site prior to reve,getotion. Roots, crowns and vegetation sh all be disposed of legally off site. Hydroseeded area around detention pond shall not receive any type af soil preparation treatment. Hydroseed mix shall conform ta storm water tract "Low-grow" Seed mix specified ,n the King County Surface Water Design Manual. Existing soil ln all areas to be revegetated sh all .. be scarified to a minimum depth of 12 inches pr-ior to amendment. Incorporate 0 minimum 2 inch thick layer of cedar grove compost into the top 6 inches of the exisling soil immediately prior to planting. Ensure thot compoction does not exceed 85% proctor den~ity in any planting areas. Fol lawing plcmting all revegetoted areas Sholl receive o minimum 2 Inch depth layer of cedar grove compost to retain moisture and prevent erosion. Refer to pkmting de toils 5 & 6 on Sheet L-5.0 .Y. Q) Q) L u -+-' 0 D;\ '.. G) \... :::J +-' u G) _, --..c u \... 0 <Xl u) .,~ 0 "' OJ -0, I• C 0 ~ C u) 0 0 I() "' -[Y -.. ) \ __ _ .. t. l ' •.J ( _ _l 0 " N sf' I u) ,n N .>--, /' ,_ '-..:..· .--·" --.· ,.... ___ 7(":_r·,c, ,J ,.,.-., ,_ ~- I ! z 0 Ii: ii2 0 <n w Cl w t:c C 0 z ~ w 2 1·- · .. -" a .\ '-.. -' ( ' ) (§ ·, \_i,,l (>/ :. ... ' ..... JUN ·· 6 Jnn, . ( t·~, , ___ ) l) GENERAL M TES THE GENERAL CONTRACTOR IS TO PROVIDE SUBGRADES 4" BELOW HARD SURFACES PLUS/MINUS _ 1 FOOT. ALL ROUGH GRADING SHALL BE POSITIVE, DRAINING AWAY FROM ALL STRUCTURES_ ALL STONES LARGER THAN 1 _5" DIAMETER SHALL BE REMOVED FROM THE GROWING MEDIUM_ TOPSOIL SHALL BE PLACED AT A MINIMUM DEPTH OF 4" IN ALL LAWN AND BED AREAS_ TOPSOIL SHALL BE TILLED INTO THE EXISTING SUBGRAOE TO ELIMINATE SOIL INTERFACE PROBLEMS_ TOPSOIL SHALL BE R[D-['S WINTER MIX OR APPROVED EQUAL_ ALL BED AREAS TO (,ECEIV[ 2" OF FINE GROUND FIR OR HEMLOCK BARK, COMPOSITION MULCHES ARE NOT AN ACCEPTABLE ALTERNATIVE_ TREES AND SHRUBS ARE TO BE PLANTED AT A DEPTH 3/4" HIGHER THAN THE LEVEL THAT THEY WERE GROWN IN THE NURSERY- BARK MULCH IS NOT TO BE PLACED ABOVE THE ROOT CROWN_ ALL PLANTS SHALL AT LEAST CONFORM TO THE MINIMUM STANDARD ESTABLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN_ LAWN AREAS ARE TO BE HYOROSEEOEO WITH VAN DEN AKK[R'S EMERALD VELVET MIX PER MANUFACTURER'S SPECIFICATIONS, OR APPROVED EQUAL_ REMOVE ALL STONES LARGER THAN 1" FROM LAWN AREAS- SUBSTITUTIONS ARE STRONGLY DISCOURAGED_ IF PLANT AVAILABILITY IS A PROBLEM, CONTACT THE LANDSCAPE ARCHITECT FOR SOURCES OR ACCEPTABLE ALTERNATIVES- IF THE SITE WORK IS DIFFERENT THAN SHOWN ON THE LANDSCAPE PLAN, OR POOR SOILS ANO DEBRIS ARE DISCOVERED, REQUIRING CHANGES TO THE LANDSCAPE PLAN, CONTACT THE LANDSCAPE ARCHITECT FOR INSTRUCTION- THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE LANDSCAPE DURING INSTALLATION, UNTIL FINAL ACCEPTANCE BY THE OWNER'S REPRESENTATIVE_ THE LANDSCAPE CONTRACTOR SHALL WARRANTY ALL MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE YEAR, FROM THE TIME OF FINAL ACCEPTANCE- DURING THE WARRANTY PERIOD, THE LANDSCAPE CONTRACTOR WILL NOT BE RESPONSIBLE FOR PLANT DEATH CAUSED BY UNUSUAL CLIMATIC CONDITIONS, VANDALISM, THEFT, FIRE, OR POOR MAINTENANCE F'RACTICES_ THE LANOSCAF'E ARCHITECT SHALL HAVE SOLE AUTHORITY 10 DETERMINE THE CAUSE OF DEATH_ PLANT COUNTS PROVIDED ARE ESTIMATES ONLY-CONTRACTOR IS RESPONSIBLE FOR CALCUL~TING ALL FINAL AREA AND COUNTS_ ~. °"-,, w, .... "'""""""'"'" "·' ···.··-'cs.··cc,·,·. -~.,. . ('.. . ·">.,_, ·-.. ,< _/ ,- ~/· '/ -.-.-..... -,,,, / ' ' - ·.,_ -, .-.,., ··,,. ·--·-.- -·.,:," -.. ,_._ ' ., __ ,, _____ .-.. ,_ .. , .,,,, ··,:-:.,._ -- -. ---.. ', '--·-·-.,·,:,_ -.,. ---·-~ ---... ,,' --. ' ''-----.-.• .--,._ ..,"':- ' "-'.- ,-,.- --, :-:-_,_ • i-· ,"•, \_):~:~~:? ---..• :"'y-«, -•,,. -., ----:··:,Sc, ·: :':,,,\ -•, . •:, . ---,-,:-____ -:,~,;A - -•. , ,_~: .. , -:-. --·-·-,.,, .. ---,.,._ '. ' -: : ,·.-..,, ·, ',;-.· -' -,.,,, . ,.,._ __ ----... ".,_,,_ -,~ ··-', ' ' .-,. . -."- •;. --;,_., __ '•-'"-,, _-... , -._, •:' -.,. ·;,_ -, ·-=-·--·,,'-:,._'"'"'-----·-.-,,,_ -. -.. ,, ... , ' •,:,,_ ... _,_ ---.•. ·-·-··-.:_. .-.-.<. •.,. • --, -- + + • """· ,. ,'. .... . . ''-;-' --=--...... 0.,: '.·,, ------'(._ '•:-.,;," ¥. ' .. "t -.-, ' ''-:,,, __ .. '-:, ' • .:;, .. , . .--. -.•. , ' ,',, -. '-··-,,,;_ ·- ---• ,, --:. -<·-~--, ',',_ ,_ :---,~-, .... _ --,>., :-. ' ' ----.. ,_ . ''-''·--.. "'' ---, --., . .._, --.. __ __ ' •:,., __ .--..... .,,, .. --........ ---···---,,_,· .. ,-. .,._ :•,' ·<, ·-.-, ' ---.'-·,_ ' ' ', .... , ,._, --.,.,_ -·.-.... , ,-,., ··-:-:, ,., ·---.. ,. ----" ' -. ·-·-•, :-,,,_ + . ·-' ---" ,_-.. ,, .... . • .. -, .. , ---. .. ·---:·.~--- + I I ' I Hy r Ar ------,--1------, I ·,:, ''". ··•.-, -.. -, ...... , .. ' GRAPHIC SCALE J~O ( IN FEET ) ' ,' ,, ·--,.:_ . J • •• • ,•, ,.. '" .. -:-.w. :·.·--·. .-.·-:-, ',·,•.w," IRRIGATION ASSESSMENT SUPPLEMENTAL HAND WATERING MAY BE NECESSARY FOR THE FIRST GROWING SEASON TO ESTABLISH PLANTINGS, BUT MAY NOT BE NECESSARY IN SUBSEQUENT YEARS_ + + ,,:-,, \, ' ': '_ .. :.:< ' ' --' 0 8 '• ....... •·m, .•,: ·10,000 Sf' MITIGATION PLANTING SCHEDULE TREES SYMBOL • •• • QTY 22 30 16 24 21 29 23 BOTANICAL I COMMON NAME Acer circinatum / VINE MAPLE Acer macrophyllum / BIGLEAF MAPLE Acer rubra / RED ALDER Populus trichocorpo / BLACK COTTONWOOD Pseudotsuga menziesii / DOUGLAS FIR Salix scouleriana / SCOULER'S WILLOW Thuja plicata / WESTERN RED CEDAR .. . . .. -.. -.. ,,,-...... ' .,· .. -------.. ,." ' ' ? l { : -· _.·:_.-:; .. -:.-:-:.::, .,: ,•w,,;.v,• ->•,'.v.·-.. ,., .. '",'' ._;:::··:>~·_,;,,,.,~fa;."'. w.;.~ "".,·.·. -.,-.. , ".=:.,,,~ ·-·'-··•" 'i "\ l "--: ... 1 "~. :: . i !' l ,.. _,-· --., .,_. -·'" .\ '""'" J ,:,"""' )' ,' .. ' _:., ..... ,+··'"' .,•,••'" .,w ,• .,,,,. .. --;_ ~ -.' ___ i ; .. -"'" ·,_ . I. \ ' i / ' P Ian ting ,t\r€o -._" ,_ . ' :_::-:"c"'~}-... ,,, ____ ,.,~w-,·-,.;,·,;:,c--_, I ' _ ... _ .. --, • . . .-..... v:w w ... w . .-... , ... -.•..• -..... ' •• ,.,, ... ..J f I .,,,----: -· ----.. ,-·"' -' ,,,_,_._.,,,.,,.,.... :,·.;_:;;,:';/...,., .• , .. ...,, •• • •• , EXISTING LAWN AREA • • + SIZE 5 GALLON 5 GALLON 2 GALLON 5 GALLON 2 GALLON 2 GALLON 1 GALLON . -·~· ·-;·-,.,•,-. "",'" .-... ,_,, .. \_ / { \ "''-•-, :_ : : : '""'··-·· '""'-"'' ..... ;-......... ' .. "" .-·-·-··-:.-.-.,-.;,~, -=.-•• ,.--.·, ''-:_. ••••,.-:,y,•••, ,-,,,-:''" A ,.,s,' • ,_, ' "_ l_ '--,,.;,.:.:~::::": .. , .. ' + GRAPHIC SCALE ~ 0 15 15 60 ' ' >-co z 0 (/) > w 0:: w I- <( 0 w (9 0 a: >-w _J (9 z <( _J State of Washington registered Lon~ Architect Pou Ja certifico 566 z ~ <:( w _J w 0.. 0: w 0 0.. >-<:( <:( 0 ~~ I-z <:( <:( _J © ~ z --' m ~ iii CL :3< © i" 0 i," 1----------------1::;; APPLICANT: LANGLEY RIDGE AT MAY CREEK, LLC :g, " 1915 NORTH CREEK PARKWAY,# 300 a: BOTHELL, WA 98011 a;- icp~42_5 ___ 48_5 ___ 15_9_0 _________ _, g, DATE: j -SEPTEMBER 24, 2009 ;" 1--------~--------t-' TJGJOBNO_: 09-1101 8 1-----------------lffi DRAWN BY: KL 8 "' 1-----------------t U) CHECKED BY: PJ ,_ ______________ __,fl c " PLANTING PLAN ~S-H-E~E~T-------------~g (IN FEET) L-1 ~ 1 "=JO' '------------------------------------------------------------------------------------------------------------------------------------------------------------.1..-----~0~F'.....:2:_ _____ _J! I "=JO' •' ,. -~-'< • . ' --·~· .... ' " ,,,, , ... :.--. .. ' ' ' ; · .. "; BIODEGRADABLE. PERMEABLE, WEED BARRIER PLACED AROUND ALL WOODY PLANTS. MIN. 4' RADIUS AROUND TREE Ml N. 2' RADIUS AROUND SHRUBS ;-, ' . ,· ' ' "' ' ' ,_ ·--. ' ' "' .,. ; ' • ' : ·,. .. --.. " ".·, , .. ': ',, . ' ,.... . -, ,_._ . '.', '"·--" ' .. ., ' ; -.,_-' -,., ''' ' " ', : ' ' .,·-.::_ ' ·, .·, .. ' : .. -., ,_. -.. _,·_~ ' ~ BARK MULCH 4" DEPTH MIN. 4' RADIUS AROUND TREE. MIN. 2' RADIUS AROUND SHRUBS. ~---SMALL BERM USE EXISTING SOILS FOR BACKFILL IF----- UNSUITABLE SOILS ARE DISCOVERED NOTIFY 2 ROOT BALL WIDTH LANDSCAPE ARCHITECT. INSTALL PLANT f HIGHER THAN GROWN AT NURSERY PLANTING ' ' " "' ' ' ' "' ' ' ' ' ' " ' ' ' ' ' ' ' ' "' ' ""' ' " ' ' ' . ·. J(·_;_::'''':;:_;;,;,,,?~:~'> i.A;tY: .t f f::J;:, :: ",£At'· eb;:2l ; .. :: ·2i('.&\Gi) G'.?::l)'. :f~Jf:;:, . · ·-- " ~ ' '. ··:: ', '' ' ' ... "' " . ' • .. + .. + ': +' . ' " ,.. ' .-..) ' ·:· ' + ':·=··----->.~.: ... _, . . . ; .,. '. . -·. '·-·-. ,. ' 30 ! '' .,r ... "" 'j' I · .. '.)" """ " ' 1 ' ' :. ~ ' 1 ' ' . I . ''' '' ~ '''' '''' ' ''' t '' . . I .. ' I ' ' ' " " 1 ' ' ' ' '\ ' • I . I • ' ' ' .. ·r .. .. / 1 " ' ' ' ' "' : 1 ,: : : -. :: I ' .. ·. L. I . ' ' .. ' ' ' ' "1 ·.:' : ' ' ' ' ' ' ' ' \ ' ' l-' . ' ' ··r: . ' ' ' ·.:(- ' ' ·r ' . ' ,- ' ' \ ' ' " : .. ' ' ' l ' .. I . ' .. I ' ··r ' . . I . ' " ' ' ' , .. I . ' ' I'" 'i: ' ' . . . ... . Ii . . ':· ' !" . ' ' \ .. , ' ' \ ' ... t·. --~ I GRAPHIC SG4LE ' 0 15 ·15 ( IN FEIT ) 1 • JO' -.-' - 60 >-Ill z 0 (j) > w a: w 1-<x: 0 u z r'2 z ; :::, ::::,; r z w E ;e 0 z q O u > 0 z ~ w "' ' ro U C/)~ r • &l • r I (.) 0: UJ :r: I- w (9 0 a: >-w _J (9 z <( _J State of Washington registered Land~ Architect Pau Ja certlfica 566 z ~ <( w _J 0... w a: w 0 0... >-<( <( 0 ~~ I-z <( <( _J 0, -I; Q -', -0 --d, ~ C "' Q " "' i" u i,;' 1----------------1::;; APPLICANT: LANGLEY RIDGE AT MAY CREEK, LLC ~ u 1915 NORTH CREEK PARKWAY,# 300 a: BOTHELL, WA 98011 l--'p'-4'--2"'5'-.4'-'8~5._1 ~59~0~----------1 g> "' DATE: -' -SEPTEMBER 24, 2009 :=' 1--------~-------l';- TJGJOBNO.: 09-1101 si t----------------tm DRAWN BY: KL g ~ t----------------l(f) CHECKED BY: PJ "' t----------------11" c "' PLANTING PLAN E 0. C- C') N - t----------------1m 0 SHEET L-2 OF2 , "., ,,.,,.,, •. , ,, , ~ • _,,, .,Is•,-S~"·" .•. '-"-·"" «• "' _. , , ... _ ,, .. , , , a. _,c,-,,a~--•, -,-m ·-··--• -·. • -"---• ~ -, , .. , · 0 N " N 0. "' lf) • ., ,,,. ' C '<" ' .ed "•" ,, ., '""'"~ •'"'• • •,.,,,,., ,•, ,,,. f · / A.cJ y,,it:c,;; Fos·t-e, C:, (f c_;· 6 ScJ c.e~/1....:: e "~e,,r-1 ~ 1 ud -t:f:: 1 c:J (' ~dc,H k1 r;,{) A-c;, r1 ?8" .+.f.:d_s~ . .-~ Se__~ +f-fe_,y.,e., ,-:c_f_:-g-c'r!r;-, C "".n'\ .1---------------------------------------,, ;;_ob ..2 Cf¥ t;.0;;z:z_ a,,_ c.e I ( zcl. ~ <t'f'r-J?,,19/ ......... _a:;\ .LUA-07-059-FP LND-10-0434 LANGLEY AT MAY CREEK VOL/Pt; . PORTION OF THE N. PORTION OF THE S. 1/2, N. E'. 1/ 4, SEC. 3, TWP. 23 N., RG E. 1/2, S.E. 1/4, SEC. 34, TWP. 24 N., RGE. 5 E., W. M. 5 E., W. M. ---.. --------u CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION /CERTIFICATION • KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE/CERTIFY TO THE USE OF THE PUBLJC 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 STREETS AND AVENUES SHOWN HEREON, AND FURTHER DEDICATE/CERTIFY TO THE USE OF THE PUBLIC ALL EASEMENTS SHOWN ON THIS PLAT FOR ALL .PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING, BUT NOT LIMITED TO, UTILITIES AND DRAINAGE, UNLESS SUCH EASEMENTS ARE SPECIFICALLY CERTIFIED ON THIS PLAT AS BEING DEDICATED/CERTIFIED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC IN WHICH CASE WE DO HEREBY DEDICATE/CERTIFY SUCH STREETS AND EASEMENTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. TRACT A (OPEN SPACE), TRACT B (OPEN SPACE), TRACT C (OPEN SPACE/UTILITIES) AND TRACT D (OPEN SPACE) ARE HEREBY GRANTED AND CONVEYED TO THE LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION (HOA)- OWNERSHIP AND MAINTENANCE ACTIVITIES FOR SAID TRACTS WILL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED, OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDMDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT RESPONSIBILITIES. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED "LANGLEY RIDGE AT MAY CREEK• HOMEOWNERS ASSOCIATION (HOA) IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOA. SAID HOA IS SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF •LANGLEY RIDGE AT MAY CREEK" AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NUMBER -z_ooeoz.1 zooo'/-lc& IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. LANGLEY DEVELOPMENT GROUP, INC., A WASHINGTON CORPORATION BY:( 1 ·~~, ~---~ .... ITS: Pre.s,de i.k TITt.:E C. THOMAS AND MARYL C. FOSTER TRUST c :s 1-d& Tiusk C. THOMAS FOSTER, TROSTEE I _u{{2~ ROBERT A. HOLMES ·~.-2 ~ EER I.HANDELAND BANK l ACKNOWLEDGMENTS STATE OF WASHINGTON ) )SS COUNT(. OF KING ) e. OSTER, TRUSTEE EN f~ e~~ .1 !-· ITS~~~ e /'/ '"'-,., ~L ==-"----cT=1T='L=-E---'---- I CERTIFY THAT I KNOW OR' HAVE SATISFACTORY EVIDENCE THAT _L_-_,_Ti_h_o_m_~ __ h_°'-' __ fe __ r __ _ SIGNED_.TljlS_JNSJR.UMENT. ON .,OATH _S,!~--Uif\T ~/SHE IS t~HORIZ~D TOfjXECUT~ THIS INSTRUM~T. AND ACKNOWLEDGED 1T AS THE Pr-e:-.614enr oF h /e eveto rnenf {Jft')() Inc. SAID INSTRUMENT. D THE PURPOSES MENTIONED I DATED Au.J~f IG, ~00 T ' ---;,:; -.. SIGNATURE OF~ l ~ ' :_..,_ J NOTARY PUBLIC~"'----i-----//[AJ~-~___,,-~--- pUBLlC -PRINTED NA~E Leona Ii/ A-ba !oS 01,>: 7-19-2010 0~ TITLE Nbfa'Jj .JM/tc Af~0Fwp,..S'0~ MY APPOINTMENT EXPIRES 7-/C/-'20/t) STATE OF WASHINGTON ) )ss COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT !:) 0 b e,-r f-A . J-h-, / ffl PS SIGNED THIS INSTRUMENT, ON OATH· STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. LAILA J COLLINS Notary Public Stale of Washington My Commission Expires May 08, 2010 STATE OF WASHINGTON ) )SS COUNTY OF KING ) DATED ,4::J.A ~ IA 5 -J: SIGNATURE OF NOTARY PUBLIC __.ef4-"'~==~-;,Q:7--C~.(~f:f._,,,,,,,l__1""'~==-- PRINTED NAME / Cl ,· ,ca, ~-Ga { I in$ I, 2007 • TITLE----------------- MY APPOINTMENT EXPIRES M p.. ~ 8 I :;_ 0 I 0 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT --------------- SIGNED THIS INSTRUMENT, ON OATH STATED TI-IAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. LAILA J COLLINS Notary Public State of Washington My Commission Expire• May 08, 2010 DATED A-µ" u st l , 2 00 7 SIGNATURE OF ,;;/ NOTARY PUBLIC '1CM ~ f1' U~ PRINTED NAME L& , / o ;:r, Co I I,. o s TITLE----------------- MY APPOINTMENT EXPIRES M O «j '8' , 'o1fJ I D CITY OF RENTON APPROVALS CITY OF RENTON PLANNING/BUILDING/PUBLlC WORKS DEPARTMENT EXAMINED AND APPROVED THIS ___ DAY OF -------------'--' 20, __ ADMINISTRATIOR CITY OF RENTON MAYOR I EXAMINED AND APPROVED THIS ___ DAY OF ------------' 20, __ MAYOR CITY OF RENTON EXAMINED AND APPROVED THIS ___ DAY OF ------------• 20, __ CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS, OR OTHER PUBLIC USES ARE PAID IN FULL THIS ___ DAY OF ___________ ,20~. FINANCE DIRECTOR COUNTY APPROVALS KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS __ _ DAY OF ------------• 20..._ __ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER ----------------- FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS, OR FOR ANY OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF -----------· 20~· MANAGER, KING COUNTY FINANCE DIVISION DEPUTY RECORDING CERTIFICATE Ri:"l:'l'\Ctll~lf" "" \ CONFORMED COPY )NCIL THIS ---DAY OF PAST AND RECORDED !RDS OF KING COUNTY. WASHINGTON. 20080212000465 CITY OF RENTON PLRT 108.00 PRGE001 OF 010 02/12/2008 09:48 fi, ...... ~~G COUNTY, IJR -.,v, L"iNTENDENT OF RECORDS LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF LANGLEY RIDGE AT MAY CREEK IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. AND SECTION . 34, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON, THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS STAKED ON THE GROUND AS" CONSTRUCTION IS COMPLETED AND TI-IAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING STANDARDS. RODNE"fG.SElil, P.LS. CERTIFICATE NO. 21464 HANSEN SURVEYING 17420 116TH AVE. S.E., RENTON, WA 98058 PHONE: ( 425)-235-8440 DATE ------···-----..-------------------.-------------------, --------------11 PORTION OF: 9:-,,... .p 21464 ~~ ~ 'J.l-1. I' 0 I s T t ':) ~<.., llVAL LA"· I( ' EXPIRES: 1/31/ot . ?/U,fa7 'Qix:s:n:,:""""'cs::s::s:,c:az:I_~,-'.i::z' :zz:izz:zzzz'SY LATEST REVISION: -,~7 /26/07 PREPAEED BY: HAI\TSEN SURVEYING LAND SURVEYORS & CONSULT.ANTS 17420 116TH AVE. S.E., RENTON, WA 98058 TEL: 425--235-8440 FAX: 425-235-0266 N. 1/2, N. E. 1/ 4, SECTION 3, TWP. 23 N., RC.'~. 5 E., W. M. S. 1/2, S.E. 1/ 4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. DRAWN BY: CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059& FP LAND RECORD NO. LND-10-04'.i ·~ --------1 RF DATE: 03/23/07 JOP. NO.: 20510 "' t--------+---------1--~--------1 CHKD BY: RGH SCALE: N/ A SHEi!T: 1 OF 10 ' ' ' ,, " .:.,_- LUA-07-059-EP LND-10-0434 LANGLEY RIDGE AT MAY CREEK VOL/PG PORTION OF THE N. 1/2, N. E. 1/ 4, SEC. 3, TWP. 23 N., RG E. 5 E., W.M. 5 E., W.M. PORTION OF THE S. 1/2, S.E. 1/4, SEC. 34, TWP. 24 N., RGE. CITY OF RENTON, KING COUNTY, WASHINGTON ACKNOWLEDGMENTS (CONTINUED FROM SHEET 1) STATE OF WASHINGTON ) )SS COUN1Y OF KING ) 1 CERTIFY THAT I KNow oR HAVE SAT1sFAcToRY EVIDENCE THAT f.o be.rf . E. BI ct 'I cle n SIGNED THIS INSTRUMENT, ON OATH STATED THATQt/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE &HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. STATE OF WASHINGTON ) )SS COUN1Y OF KING ) B, ?-1)07 NOTARY PUBLIC -/-:-,r--4\-loi+-'..._-A.---....---- PRINTED NAME -Ll!~~~~__.~~L:0:::..::::15.!.::0~-- TITLE --l.:!LI.L-U!ll...14-~_.!!.!,~.µ."'-,-~----- MY APPOINTMENT EXPIR S _....::::;.-'-_.__.L....;>..>..:0~--- I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ~ V) l V !c.. :i ~-(3 laid C n SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/@1s AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE Hls/@REE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. ,,,,,\'<\\',t l!' ,, .-A C• • :, ...::-,..,.\·~-. wQ-I, .... _J'' -·-\,I (• .:::-q_/'i"".' .,_,,,\\\\\1!· I.Jo 'r :::· \V~~'ic\(H! t;'\~11; \ ,J ',· ..... ,..,.. .... ~·· .. •c"" -i~~',, Y ~ ;: c-.:} -;~.:.?· ri ~ Al~J.. (""J'1., ~ ,.-..• •. "-' f ..• ,/. ,.,, .... ;.::-,., ~b \\•'l ,. r-~; ~(· "'"' ({},; ~ \, , .~ ..... 0 ..... :: ~ " ,r• ,,,,,. ...,..,, . -:: ..,. :·~ \ 0 ,0 c:Z::: ~. • ' I I :'.I' ' -Q -'l (fl\. ·,"\·'-C) ~t.:,:::: 'I, '.), '11,, ;:,_ < g .. '\ ""'0:::: '// f;, l•t I ' ,,, ~ -11 .c,. I (\ ,\',\\''-'·'-..; \J';\~ ..:;:- II """·n, • C., \ "'M .,,, -r_;.,,. \\t,0 ........ ~,-~- STATE OF WASHINGTON ) h\,,v,;~.,,,, )SS COUN1Y OF KING ) SIGNATURE OF TITLE--1~~~W'l--~~~!.-1=-::-,-1------- MY APPOINTMENT EX IRES --=~...,_,~\.,_D=----- 1 CERTIFY THAT I KNow oR HAVE sAT1sFAcToRY EVIDENCE THAT ~ivier 1;. ltt1Mdela-i1al SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/BHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/-HER-FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. Notafy PubllC lie* of WOltllnglOn DWIAMRlff lilf AA 10111•1i1811f 11Pf81 Feb I, 2011 STATE OF WASHINGTON ) )SS COUN1Y OF KING ) ( DATED 1 41© u~+ 1.!xJ1 SIGNATURE OF ~· ·:_ALY - NOTARY PUBLIC --'~""""'L>.<:~c=-""--------- PR!NTED N(IME ]21~ . .Wt:Y'6l;c TITLE J\JM'A-1-'<tJ Pu..loltr, MY APPOINTMENT EXPIRES ? Mb 24[ \ I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT Mo.vi ~Vl ,). ti?AMdeJw SIGNED THIS INSTRUMENT. ON OATH STATED THAT +IE-/SHE IS AUTHORIZED O EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE Ht5iHER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. Notary PubllC Sk.lte of WOlhtl\glon C*W.IWfltff My ~ant IJIPllee fel> I, 2011 STATE OF WASHINGTON ) )SS COUN1Y OF KING ) DATED _ 1 ~U!;/ 2001 SIGNATURE OF NOTARY PUBLIC --""'-.o<:-::c...:;::C-J,:::;..__-r------ TITLE otiir-t fur2ut MY APPOINTMENT EXPIREs51e;b ?01 \ I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _c..::.__' _-..:.l_h_O_~-~-~-r....:1:....~-=-0-~_k __ r ___ _ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. Notarv Public State or Woshlng!On JEFFREY LYNN GIDOltGSJA. MwAW:*'**"''"''* ~ 1, 2Cx» DATED z_ t:\ . ~LL~~ i.oc, SIGNATURE OF NOTARY PUBLIC ~~~;_.x,F-=:::~__::__--...--.,,~ PRINTED NA~E _ TITLE O tc.,r MY APPOINTMENT EXPIRES ....... :::..x._J+->-, _"2.=-0_0_'j--L--- ACKNOWLEDGMENTS (CONTINUED) STATE OF WASHINGTON ) )SS COUN1Y OF KING ) I CERTIFY lHAT I KNOW OR HAVE SATISFACTORY EVIDENCE T\-lAT f'/lo-,("':J.(_ (.,, ~v SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED ~ EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. Notary Publlc . State or Washington JEfFREY LYNN GIDDINGS JR. Mv A& '"**'&II~ t\k)V 1, 2009 STATE OF WASHINGTON ) )SS COUNlY OF KING ) r. I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT w~ fl t.CtYh J • ~ l>Y'"("'O\ll) SIGNED THIS INSTRUMENT, 0 OATH STATED THAT (i!DJ'.SHE IS AUTHORIZES_ JO EXECUTE THIS. INSTRUMENT, AND ACKNOWLEDGED 1T AS THE ce Pre5f dent" oF Fron-r1ev 0a.n,:;. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PAR1Y FOR THE USES AND THE PURPOSES MENTIONED IN SAID INSTRUMENT. ~(>,.. ~: AS-1 /,o .-<-.,,:,-. .,,-1.,:,, <o 0 0 ~ ,, ' ,• -,------i,o ' -, . 7,,:, "' ' . ' !..-,,;:,. V' ·v \r> r '". . ·-. ' : . .,-_ .. ·\ .. ! --SIGNATURE O•l"-lr-.....1 NOTARY PUBUC ~-~·.;:.!.~!:::::::.~..;::::...~~~-=-.::..'.'.~::::..- PRINTED. ~ME eont::t--Ct 0::, TITLE IVt>-lor~ Pa lie MY APPOINTMENT'-'{XPIRES --t-/9-o? 0/0 VICINITY MAP (NOT TO SCALE) N.E. 31ST ST. N.E. 26TH ST. 1-----ILWACO FIELD ------'-~---------'----A_VE._N_.E. AVE. N.E. :91:1 · N.E. 24TH ST. Siz ~~ N. E. 23RD ST. ) ------------,,-----·------------.-------------------------------···""· ...... ,, PREF .tillJ!:D BY: ,. PORTION OF: HANSEN .~GURVEYING ~, LAND SURVEYLc'._~ & CONSULTANTS 17420 116TH AVE2S.E., RENTON, WA 98058 ' TEL: 425-235-84 ''•· FAX: 425-235-0266 N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10-0434 DRAWN BY: RF DATE: 03/23/07 JOB NO.: 20510 ' ._ ______________________________________ .,\'~. ______ .._ ______ ._ ______ ...._ ________ ..&. __ ._: •. CHKD BY: RGH SCALE: N/ A SHEET: 2 OF 10 \ ' . LUA-07-059-FP LND-10-0434 I i: LANGLEY RIDGE-AT MAY CREEK VOL/PG PORTION OF THE N. . 1/2, N. E. 1/4, SEC. 3, TWP. 23 N., RGE. 5 E., W.M. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC . 34, TWP. 24 N., RGE. 5 E . ' W.M. CITY OF 1 RENTON, KING COUNTY, WASHINGTON EASEMENT PROVISIONS j ' AN EASEMENT IS HEREBY GRANTED \\ND CONVEYED TO THE CITY OF RENTON, PUGET SOUND ENERGY. QWEST. COMCAST, THE .OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS IN WHICH TO CONSTRUCT, RENEW, OPERATE AND MAINTAIN SIDEWALK AND UNDERGROUND CONDUITS, MAINS, CABLES AND WIRES WITH NECESSARY FACIUTIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC , TELEPHOtl,/E, GAS, CABLE T.V. SERVICE, SEWER, WATER AND DRA.INAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEME!NTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. OR FOR TELEPHONE USE. CABLE TELEVISION, FIRE OR POLICE SIGNAL OR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE' UNDERGROUND . OR IN CONDUIT ATIACHED TO A BUILDING. EASEMENT NOTE , I THE CITY OF RENTON SHALL HAVE +HE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THAT THE OWNER(S) IS('.'.ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER S EXPENSE. I NEW PRIVATE EASEMENT FOR INGRESS. EGRESS AND UTILITIES MAINTENANCE . AGREEMENT I . . NOTE: NEW PRIVATE EXCLUS IVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE RECORDING OF THIS PLAT. THE OWNERS OF LOTS ~ 4, 15 & 16 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE . OWNERSHIP AND RESPONSIBIUTY FOR MAINTENAl)lCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INC ti.UDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OFR DETENTION FACILITIES WITHIN THIS EASEMENT. PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS, MAINTENANCE COSTS SHALL BE . SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. . . NOTE: NEW PRIVATE EXCLUSIVE .EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE RECORDING OF THIS PLAT. THE OWNERS OF LbTS 22 & 23 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INC LUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY T~E CITY OF RENTON OR OTHER . UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON Tf1E PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. i NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE RECORDING OF THIS PLAT . THE OWNERS OF LOTS 30. 31, 32, 33 & 34 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN "THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE · NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS, MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. \ ' . ··. . \ . RESTRICTION FOR . NATIVE .· GROWTH B~O'TECTION \· . , .. ..... ARE'AS t sENs1rr w-'iREA-Tli i c1s · lN-rJ ~BuFFERs · · · • DEDICATION OF A SENSITIVE AREA TRACT/SENSITIVE AREA AND BUFFER CONVEYS TO THE PUBUC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT/SENSITIVE AREA AND BUFFER . . THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF , SURFACE WATER AND EROSION, MAINTENANCE OF . .SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. ' ' THE SENSITIVE AREA TRACT/SENSITli'/E AREA AND BUFFER IMPOSES UPON _ALL PRESENT AND FUTURE OWNERS AND · OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/SENSITIVE AREA AND BUFFER THE OBLIGATION, ENFORCEABLE ON . BEHALF OF THE PUBLIC BY THE Cl 1TY OF RENTON, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND Bl)FFER. THE VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, ~[MOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF RENTON DEPARTMENT OF DEVELOPMENT SE~CES OR ITS SUCCESSOR AGENCY. THE COMMON BOUNDARY BETWEEN jHE TRACT /SENSITIVE AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE ~GGED TO THE SATISFACTION OF THE CITY OF RENTON PRIOR TO ANY CLEARING, GRADING,· BUILDING CONSTRUCTION , OR· OTHER DEVELOPMENT ACTIVITY ON A LOT SUBJECT TO THE SENSITIVE AREA TRACT/ SENSITIVE AREA AND BUFFER THE REQUIRED MARKING OR FLAGGING SHAILL REMAIN IN PLACE UNTIL ALL DEVELOPMENT PROPOSAL ACTIVITIES IN THE VICINl ;TY OF THE SENSITIVE AREA ARE COMPLETED. ! ' NO BUILDING FOUNDATIONS ARE AIJ LOWED BEYOND THE REQUIRED 15 FOOT BUILDING SETBACK LINE . I DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS THE DECLARATION OF COVENANTS, ;CONDITIONS AND RESTRICTIONS IS FILED UNDER A SEPARATE DOCUMENT UNDER RECORDING NUMBER -----------• RECORDS OF KING COUNTY, WASHINGTON. ! . DECLARATION OF c loVENANT THE OWNERS OF THE LAND EMBRACED WITHIN THIS PLAT , IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON . COVENANT AND AGREE TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS , OR ANY SUBDIVISIONS THEREOF . THIS COVENANT SHALL jRUN WITH THE LAND AS SHOWN ON THIS PLAT. PROCEDURES & EQ iUIPMENT THIS SURVEY WAS PERFORMED BY FIELD TRAVERSE UTILIZING A TOPCON 1" TOTAL STATION AND REAL TIME KINEMATIC (RTK) / STATIC GLOBAL POSITIONlljlG SYSTEM (TOPCON HYPERLITE). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET OR EXCEED THE STANDARDS , OF WAC 332-130-090. THE RELATIVE POSITIONAL TOLERANCE OF SET PROPERTY CORNERS IS +/-0.1 FEET. 1 .. ;·---"" ' ' ' PUBLIC TRAIL NOTE i RENTON PARKS DEPARTMENT HAS THE RIGHT TO CONSTRUCT A TRAIL. (PER RECOMMENDATION BLOCK, CONDITION No . 5 OF THE HEARING EXAM _INERS REPORT DATED NOVEMBER 29, 2005), AND A PERPETUAL EASEMENT FOR TRAIL OVER ALL OPEN SPACE TRACTS AND THE ·26 1 PRIVATE ACCESS AND UTILITY ,EASEMENT AS SHOWN ACROSS LOT 33 (PER · RECOMMENDATION BLOCK, CONDITION No . 5 OF THE HEARING EXAMINERS REPORT DATED NOVEMBER 29. 2005). "-· - PREPARED BY: ' \ .\ • NOTES ~--·-·---·-·--------------------··---- TOTAL PLAT AREA= PROPOSED NUMBER Of LOTS 0 = AREA . OF LAND IN CRITICAL AREAS = AREA • OF LAND IN CRITICAL AREA BUFFERS - AREA OF LANO IN PUBL.ICLY DEDICATED STREETS = AREA OF LAND IN PRIVATE ACCESS EASEMENTS = 1,481.341 SY . OR .34.01 ACRES +/- 34 259,959 S.F. OR 5. 98 ACRES + /- 302, 293 S.F. OR 6.94 ACRES + /- 60, 712 S.F. OR 1.39 Ac. + /- 35, 786 S.F. OR 0.82 ACRES + /- NEW LOT AREAS - LOT GROSS AREA NET AREA . ---·-···- 1 10.023 S,F. OR 0.23 Ac. +!-10.023 S.F. OR 0.23 Ac . +/---~--- 2 10,001 S.F. OR 0 .23 Ac. +I-10.001 S.F. OR 0.23 Ac. +/- ----·--·-·---· ~ 10,001 S.F. OR 0.23 Ac. +!-10,001 S.F. OR 0.23 Ac. +I- 1-----· ,J 4 10,001 S.F. OR 0.23 Ac. +!-10.001 S.F . OR 0.23 Ac . +I- -·----· 5 10,001 S.F. OR 0.23 Ac. +!-10.001 S.F. OR 0.23 Ac. +, --.. ___ §_ __ 10,001 S.F. OR 0.23 Ac. +/-10.001 S.F . OR 0.23 Ac. + - 7 10.001 S.F. OR 0.23 Ac. +/-10.001 S.F. OR 0.23 Ac. + - - 8 10.001 S.F. OR 0.23 Ac. +!-10.001 S.F. OR 0.23 Ac. + - 9 10,162 S.F. OR 0.23 Ac. +!-10.162 S.F. OR 0 .23 Ac. + - 10 10,168 S.F. OR 0.23 Ac. +I-10.168 S.F. OR 0.23 Ac. + I . 11 10 107 S.F. OR 0.23 Ac. +I-10.107 S.F . OR 0.23 Ac . + -. +!-12 10,279 S.F. OR 0.24 Ac. 10.279 S.F OR 0.24 Ac . + - 13 10,044 S.F. OR 0.23 Ac. +I-10.044 S.F. OR 0.23 Ac. + ,_ ' 14 11.614 S.F. OR 0.27 Ac . +I-10.001 S.F. OR 0.23 Ac. + '- 15 16.531 S.F. OR 0.38 Ac. +I-16.531 S.F. OR 0.38 Ac. +!- . 16 20,803 S.F. OR 0 .48 Ac. + -20.803 S.F. OR 0.48 Ac . + - . 17 ' 10,001 S.F. OR 0 .23 Ac. + -10.001 S.F . OR 0.23 Ac. + - ' I 18 <--r 10.118 $.F. OR 0.23 Ac. + -10.118 S.F. OR 0.23 Ac . + --· ~-19 .i. -36.925 $.F. OR 0.85 Ac . + -36.925 S.F. OR 0.85 Ac . + ---20 +--_35.785 S.F, OR 0.82 Ac. + -35.785 S.F. OR 0.82 Ac. + - -----. 21 ~ 12.977 S.F. OR 0.30 Ac. + -11.677 S.F. OR 0.27 Ac. + -... 22 I 16.972 S.F. OR 0.39 Ac. + -16.872 S.F. OR 0.39 Ac . + -----· 23 14.866 S.F. OR 0.34 Ac, + -14.766 S.F. OR 0.34 Ac. + - ----· 24 12.871 S.F. OR 0.29 Ac. + -11.571 S.F. OR 0.26 Ac .. + - ·-· 25 17.239 S.F. OR 0.40 Ac. +I-17.239 S.F'. OR 0.40 Ac. + -. ·--26 15.274 S.F. OR 0.35 Ac. +!-15.274 S.F. OR 0.35 Ac. +/~ -· 27 15.050 S.F. OR 0.35 Ac. +I-15.050 S.F. OR 0.35 Ac. +I- --·-----·---~-------1- . 28 -12.484 S.F. OR 0.29 Ac. +I-12 484 S.F. OR 0.29 Ac. +!- I 29 10,400 S.F. OR 0.24. Ac. +!-10 400 S.F . OR 0.24 Ac. +!~ ' -·--- 30 --·--23,375 S.F. OR 0.54 Ac. +/....1 19,749 S.F. OR 0.45 Ac. +I--· ' . 31 16.697 S.F. OR 0.38 Ac . +!-14.482 S.F. OR 0.33 Ac. +I-. . 32 30,741 S.F. OR 0.71 Ac. + -26.023 S.F. OR 0.60 Ac. +/-··----33 119.570 S.F .. OR 2.74 Ac. + -108.909 S.F. OR 2.50 Ac. + - · f· -:.r ·---34 . 29.843 S.F. OR 0.68 Ac. + -29.843 S.F. OR 0.68 Ac. + - OP Et N: SP Ar[ TRACT :·· A,,--421 .451 S.F. OR 9.67 Ac. + -421.451 S.F. OR 9.67 Ac. + - "8" . 139.666 S.F . OR 3.21 Ac. +,-139.666 S.F. OR 3.21 Ac. + ~ . OP[N I-SPACE TRACT •··· . OPE!:N t SPACE TRACT "C"_j ,. 15<!-,775 S.F. QR 3.55 . Ac . ±/-1 144.622 S.F. OR :3.32 Ac . + - , . ..._,.,,,Ql?,E ~~~SP.A CE~~m~~-·"_~1~".""4 '''""'f&.3 1&l '1 •s$c.F ":;_t:iR"·1.9:3''~c:--4'"1 '_, -~:c:13'3:8f 1"Z$:P:-·OR ·t :9 ;fAc.·· c+-·· ::: • . PRO r~~ED R~GHT Qf_','l_l>,_f "I -~9.J12 S.F -.. 9!3, 1.39 Ac. + /-60 . 712 S.F. OR 1.39 Ac. + - 1 1. ·. TOrAL · .· 1,481,5 41 S,F. OR , 34.01 Ac. +/-1,445,555 S.F. OR 33.19 Ac. +/- , I , • ,. . •. •• , ' ' . ~~-------···-·----- i I ' 'f' LOT ADDRr~SSES ~ ~-_____ LOT -I ---------ADDRF.SS ~--··--·----------~1 ·-···---->~901 N.E. 25TH STREET ~--··· _ ····---~2____ .... 4907 N.E. 25TH STREET ---------~3~.---4913 N.E. 25TH STREET '-------------4 4919 N.E. 25TH STREET --·---.-····-------.. -----'·--,.-'----·· 5 _ ___ 5003. N.E. 25TH STREET r·---· .. ___ 6_ .· .. 50. 09 N.E. 25TH STREET 7 ._ .. 5015 N.E. 25TH STREET 8 .. 5021 N.E. 25TH STREET F-------~~-1 -· ·---=~ =--~~1~; ~-~{:· ~~E i~{{f r--·--------12 --------5201 N.E. 25TH STREET ~---------------------_______ J,3___ _ 5207 N.E. 25TH STREET ' 14 5213 N.E. 25TH STREET 15 5219 N.E. 25TH STREET 1------'-1·6~-5212 N.E. 25TH STREET 1------l1...e7_ 5206 N.E. 25TH STREET 18 5200 N.E. 25TH STREET -·-· t-------c:.1-'c-9-5102 N.E. 25TH STREET 20 5110 N.E. 25TH STREET 21 5016 N.E. 25TH STREET ----.....;;=.,-----~-----.. ---c--=-c..=......'-"-==-::~..c.....::~~--1 1-------'2==2 5012 N.E. 25TH STREET 23 5008 N.E. 25TH STREET ·-24 5004 N.E. 25TH STREET 1-----··_?c·~-__ 4924 N.E. 25TH STREET _______ j'5_____ 4918 N.E. 25TH STREET 'J ' 4912 N.E. 25TH STREET ~ 1 -.. -.-· .. :· ---ri -:~gg ~:t ~;: ~:~~+ 50 5302 N.E. 26TH STREET ··-·-----31 5308 N.E. 26TH STREET ·-----; 32 5320 N.E. 26TH STREET 33 2906 ILWACO AVE. N.E. 34 3018 ILWACO AVE. N.E . PORTION OF: N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE . 5 E., W.M. HANSEN ·. SURVEYING CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10-0434 . EXPIRES: 1/31/08 11 .. / l/D::;i - LA TEST REVISION: 11 /19 /07 ' . ' LAND SURVEYORS & CONSµLTANTS 17420 116TH AVE 'S.E., RENTON, WA 98058 TEL: 425-235-8440 . FAX: 425-235-0266 DRAWN BY: I RF DATE: . ' 03/23/07 JOB NO.: 20510 CHKD BY: RGH SCALE: N/A SHEET: 3 OF 10 i ,-, •• ! ' ' ' 1 . 1 . ' • .-1 ' ' I : ' ' ' ' i I ! ' ·' I , ' ' I' '1. -il.;.f. i -' i ' LANG LEY RIDGE AT MAY CREEK VOL/PG LUA-07-059-FP LND-10-0434 PORTION OF THE N. 1/2, N. E. l/ 4, SEC. 3, TWP. 34, TWP. 23 N., RGE. 5: E., W. M. 5 E., W. M. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. 24 ,N., RGE. I LEGAL DESCRIPTION CITY OF RENTON, KING PER FIRST AMERICAN TITLE INSURANCE COMPANY TITLE REPORT GUARANTEE NO . 4268-587158 DATED NOVEMBER 3, 2007. REAL PROPERTY IN THE COUNTY O.F KING, STATE OF WASHINGTON, DESCRIBED AS -FOLLOWS: i "I~-_RCfJ. A: / __ 11v· Q O:::> -· · '"A')THE SOUTH 136 FEET OF LOT 2 OF KING COUNTY SHORT PLAT _ NO. 677007, AS RECORDED UNDER RECORDING No. ,-.,:_ 7712090795, RECORDS OF KING cpuNTY, WASHINGTON. §?_ TOGETHER WITH THE EAST HALF O; THE EAST HALF OF GOVERNMENT LOT 2 IN SECTION 3, TOWNSHIP 23 NORTH, RANGE ',_ 5 EAST, W.M., IN KING COUNTY, WASHINGTON; : ALSO, THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NO~TH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDMSION; 120 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH PERPENDICULAR TO SAID SOUTH LINE 8 FEET; THENCE EAST PARALLEL TO SAID sbuTH LINE 80 FEET; THENCE SOUTH PERPENDICULAR TQ SAID SOUTH LINE 8 FEET; THENCE WEST 80 FEET TO THE PQINT OF BEGINNING; I • • ALSO, THAT PORTION OF THE EAST 1 HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NOIRTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: • I BEGINNING AT THE SOUTHWEST COfNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDMSION 16 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF · SAID SUBDIVISION 120 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID SUBDMSION 16 FEET; THENCE WEST 120 FEET TO THE POINT OF BEGINNING; • I EXCEPT THAT PORTION DESCRI _BED IAS FOLLOWS: BEGINNING AT THE NORTHEAST CO~NER OF THE EAST HALF OF THE EAST HALF OF GOVERNMENT LOT 2 IN SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 E.A:ST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG THE EAST UINE THEREOF 20 FEET; THENCE WEST PARALLEL TO THE NORTH LINE THEREOF 130.67 FEET; THENCE NORTH PARALLEL TO THE ;EAST LINE THEREOF 20 FEET; THENCE EAST 130.67 FEET TO THE POINT OF BEGINNING; (ALL KNOWN AS LOT 2 OF CITY Of RENTON LOT LINE ADJUSTMENT No. LUA-06-026-LLA UNDER RECORDING No . 20060619900003) : . PARCEL A-1: • .... \, r ' I AN EASEMENT FO_ R INGRESS AND E_GRESS, 30 ·=· IN WI_DTH, TH_ E CENTERLINE OF WHICH BEGINS AT TH_ E INTERSECTION OF THE SOUTH LINE OF THE THOMAS ROWSE RO . (SOUTHEAST MAY VALLEY ROAD) WITH THE · EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST Q, AR'l'ER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 5 EAST, _W.M., IN ~ING COUNTY, WASHINGTON AND RUNS SOUTH A DISTANCE OF 950 FEET. · \ . COUNTY, -WASHINGTON LEGAL DESCRIPTION (CONTINUED) PARCEL 1-1: A NON-EXCLUSIVE EASEMENT FOR RO A OVER THE WEST 15 FEET OF THAT PORTION OF SAID EAST HALF OF THE EAST HALF OF THE SOUTHW~ST QUARTER F THE SOUTHEAST QUARTER LYING NORTH OF THE ABOVE DESCRIBED TRACT AND SOUTH OF THE THOMAS ROWE COU ROAD (SE COALFIELD WAY) AND ALSO OVER THE EAST 15 FEET OF THAT PORTION OF THE WEST HALF OF THE T HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING . . SOUTH OF SAID ROAD. ~PARCEL}\ oY LOT 2 OF KING COUNTY SHORT PLAT NO. 6i'7007, AS RECORDED UNDER RECORDING No. 7712090795, RECORDS OF · KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 136 FEET THEREOF. · (ALL KNOWN AS LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT No. LUA-:-06-026-LLA UNDER RECORDING No. _20060619900003) PARCEL J-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE . EAST 30 FEET OF THE SOUTH 30 FEET OF THE WEST HALF OF THE EAST HALF OF GOVERNMENT LOT 2 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .. IN 'KING COUNTY, WASHINGTON. TAX PARCEL NUMBER: 032305-9247, 9073, 9071, 9248, 9002; 342405-9077, 9063; 032305-9111; 342405-9076 . EASEMENT, AGREEMENT & COVENANT TABLE EASEMENTS AFFECTING SUBJECT PROPERTY Pf;R FIRST AMERICAN TITLE INSURANCE COMPANY TITLE REPORT GUARANTEE NO. 4268-587158 DATED NOVEMBER 3, 2007. ITEM NO. 29.39,55.72 30.41 ,52, 54,73 31,74 32.75 33,76 34,77 35,78 36,79 RECORDING NO. 2620431 3493297 7712090795 8512160616 8601029004 8601080907 8601080908 8601101059 NOTE TELEPHONE AND TELEGRAPH LINE (UNLOCATABLE) . WEYERHAUSER TIMBER COMPANY MINERAL RIGHTS DEDICATIONS, CONDITIONS, RESTRICTIONS. EASEMENTS, FENCE LINE/ BOUNDARY DISCREPANCIES, NOTES AND/OR PROVISIONS SHOWN ON SHORT PLAT MAP (SHOWN HEREON) PRIVATE ACCESS EASEMENT (SHOWN HEREON) CONDITIONS, NOTES, EASEMENTS AND PROVISIONS ON FACE OF (SHOWN HEREON) TEMPORARY WATER SERVICES AGREEMENT (UNLOCATABLE) COVENANT TO ANNEX TO THE CITY OF RENTON (UNLOCATABLE) COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS (UNLOCATABLE) 37,80 8602210833 PUGET SOUND ENERGY ELECTRIC EASEMENT (BLANKET) PARCEL A-2: · · 38 20060127001543 ABATEMENT AGREEMENT (UNLOCATABLE) A NON-EXCLUSIVE EASEMENT FOR i INGRESS ~[ EGRESS OVER THE EAST 30 FEET OF THE SOUTH 30 FEET OF THE 40,62 3471925 INGRESS/EGRESS EASEMENT (SHOWN HEREON) WEST HALF OF THE EAST HALF OF GOVERNMEf,. LOT 2 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN 42: 3494207 INGRESS/EGRESS EASEMENT (SHOWN HEREON) KING COUNTY, WASHINGTON. __ .--_ _ I. '. -· _ _ ,.. _ (THE EASEMENT OVER THE SOUTH 30 FEET HAS BEEN RELEASED PER 1 , RELEASE OF EASEMENT UNDER AUDITOR'S No. 20071114001826.) ~RCEL 8: 431 , · 3857070 PUGET SOUND ENERGY EASEMENT (UNLOCATABLE) ~~'!HfJiio::"LF OF ~OV[RNM[NT eo: 2. IN sECOON '··. TO~NSHl \,3 ":"'." ~GE 5 £ASL:" INKl:~c~~~TY. 'i"r-·'7 ,'. . ,,. i,.~J::l'°.:i;;i;~ 4'-•·· iii:i~~i~J:~;m~~" ACJ:E>s_ N[CESSA~ EXCEPT THER~~0 M__~::~~:~~:t{:.:~.'~;;1.:.,_,;~ " "~ ,:: , .. ~ .. --,,L -~-1 . 47 6451737 ,DRAIN,t,;GE ~ELEASE AGREEMENT _ (UNLOCATABLE) ,.·'0 -At::so ·[XCEPT THERE:FROM THE EAST ,82.5 FEET .THEREOF. 1 ,., 481 20010828000866 FORESTED 0PEN SPACE AND NATIVE GROWTH RETENTION AREA · · -· -i · -' COVENANT (UNLOCATABLE) - PARCEL C: 9-) THE SOUTH 30 FEET OF THE EAST' HALF AND THE EAST 82.50 .FEET OF THE WEST HALF OF ALL GOVERNMENT LOT 2., ~ IN SECTION 3, TOWNSHIP _ 23 NORTH, RANGE 5 EAST, W.M .. IN KING COUNTY. WASHINGTON EXCEPT THE EAST QUARTER OF SAID LOT 2. PARCEL D: , i)ll{HE WEST 247.5 FEET OF GOVERNLtNT LOT 2 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING ~-COUNTY, WASHINGTON. I . ' J>~CEL E: 'li THE WEST 116 FEET OF THAT PORTION OF THE WEST HALF OF ,, THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING 1.\0?0UTH OF CENTER LINE --OF COUNTY ROAD AS CONVEYED TO KING COUNTY FOR ROAD, BY INSTRUMENT RECORDED UNDER ,\ AUDITOR'S FILE No. 2993716. I • - EXCEPT SAID ROAD. PARCEL F . ,"1THAT PORTION OF THE EAST HALF l oF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF ·lj<'" SECTION 34, TOWNSHIP 24 NORTH,: RANGE 5 EAST, W.M .. IN KING COUNTY. WASHINGTON, LYING SOUTH OF THE COUNTY cROAD, DESCRIBED AS FOLLOWS: i i BEGINNING AT A POINT 90 FEET Nf)RTH OF THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY TO THE WEST L'INE QF SAID SUBDIVISION TO A POINT 200 FEET NORTHERLY FROM THE SOUTH LINE THEREOF; . THENCE NORTHERLY ALONG SAID WESTERLY BOUNDARY TO THE SOUTH LINE OF COUNTY ROAD; THENCE EASTER!--Y ALONG THE SOUTH LINE OF SAID COUNTY ROAD TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EfST LINE TO THE POINT OF BEGINNING; .I EXCEPT ROADS. I i PARCEL H: {p~ 3(?,l?cEL OF LAND LOCATED IN GOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: I q\\~E SOUTH 208 708 FEET OF THE NORTH 744.708 FEET OF THE WEST 548 FEET OF GOVERNMENT LOT 1 OF SAID SECTION 3. i EXCEPT THE EAST 208.708 FEET Tl HEREOF; AND EXCEPT C/M RIGHTS. I SITUATE IN THE COUNTY OF KING _, STATE _ OF WASHINGTON. PARCEL H-1: A NON-EXCLUSIVE EASEMENT FOR -INGRESS AND)(fGRESS CREATED BY INSTRUMENT RECORDED UNDER RECORDING No. 9006111702, RECORDS OF KING COUNTY. WAS/4INGTON · _ r::,s · · . : :t~ARCEL I: ! . . ()1T~ EAST 210 FEET OF THE FOLLOWING PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF ~ECTION 34, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF A LINE RUNNING _FROM A POINT 90 FEET NORTH OF THE SOUTHEAST CORNER TO A POINT 200 FEET NORTH OF THE SOUTHWEST ~ORNER, • . . EXCEPT THE SOUTH 8 FEET OF THE WEST 80 FEET THEREOF, I - TOGETHER WITH THE NORTH 20 FE ,ET OF THE EAST 130.67 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHlf/ 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, • • i (ALSO KNOWN AS LOT A OF KING iCOUNTY LOT LINE ADJUSTMENT NO. 8603036, RECORDED DECEMBER 20, 2001, UNDER RECORDING No. 20011220002563.: RECORDS OF KING COUNTY, WASHINGTON. PREPARED BY: : 49 50 51 53 56 57 58 59 60 61 63 64 65 66 67 68 69 70 83 86 20010910001385 · 20011017001640 20020219000985 7607220503 8104010618 8612031455 5940680 59844D5 9509019001 9304091250 3857069 8507120933 8806170657 9006111702 20020618900002 2D030417000727 20050318000620 20060713000887 20060619.900003 20070807001297 SENSITIVE AREA NOTICE (UNLOCATABLE) TEMPORARY USE OF SEPTIC SYSTEM AGREEMENT (UNLOCATABLE) ' ON SITE SEWAGE SYSTEM TERMS AND PROVISIONS (UNLOCATABLE) CONDITIONS; NOTES, EASEMENTS & PROVISIONS ON FACE OF SURVEY (SHOWN HEREON) FACILITY CHARGES (UNLOCATABLE) FACILITY CHARGES (UNLOCATABLE) , STREAM MAINTENANCE EASEMENT (NOT PLOTTED) ELECTRIC LINE EASEMENT (UNLOCATABLE) CONDITIONS'. NOTES, EASEMENTS & PROVISIONS ON FACE OF SURVEY (SHOWN HEREON) FACILITY CHARGES (UNLOCATABLE) PUGET SOUND ENERGY EASEMENT (8LANKET) DECLARATION OF COVENANT PRIVATE WELL (UNLOCATABLE) NOTICE OF EASEMENT ROAD (UNLOCATABLE) ACCESS & UTILITY EASEMENT (SHqWN HEREON) ACCESS & UTILITY EASEMENT (SHOWN HEREON) PUGET SOUND ENERGY EASEMENT (BLANKET) AFFIDAVIT R.EGARDING ACCESSORY DWELLING UNIT (UNLOCATABLE) PUGET SOUND ENERGY EASEMENT (UNLOCATABLE) TERMS, COVENANTS, CONDITIONS ANQ 'RE;STRICTIONS ON LOT LINE ADJUSTMENT (UNLOCATABLE} , TERMS AND PROVISIONS OF "AGRE~ENT' fOR EASEMENT" ·-. (SHOWN HEREON) , PROPERTY OWNERS. PARCELS •I\, A-1~. A-2• APN #032305!1073 -C. ;rHOMAS FOSTER AND _.MARYL C. 2906 ILWACO AVf. NE FOSTER P ARCEIB ·1 C, APN #03230-90-7 APN #()3230 _ 24 E & F" APN #Q3230i9002 APN #342405_077 APN -#34240 063 PARCEL •H & H~· APN -#03230~91111, PARCEL •1 Be I-~ APN #34240$076., PARCEL •J & J-lu· APN #()323019247 - ' PORTION OF: RENTON, WA 98056 LANGLEY DEVELOPMENT GROUP I 6450 SOUTHCENTER BL VD. SUITE 106 SEATTLE, WA 98188 ROBERT A. HOLMES AND TAMARA J. 5416 NE 26th ST RENTON, WA 98056 HOLMES EINER J. HANDELAND AND MARILYN J. HANDELAND 3018 ILWACO AVE NE RENTON, WA 98056 ROBERT E. SLAYDEN AND SHIRLEY L. BLA YDEN 2533 ILWACO AVE NE ,RENTON, WA 98056 N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE . 5 E., W.M. HANSEN . $UR\lEYING CITY OF ~ENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10 -0434 r LAND SURVEYORS & CONStJLTANTS DRAWN BY: RF DATE: 03/23/07 JOB NO.: 20510 • EXPIRES: 1 /31 /08 17420 116TH AVE. S.E .. RENTON. WA 98058 LATEST REVISION: 11/19/07 TEI. 425-235 -8440 FAX; 425-235~ 0266 CHKD BY: RGH SCALE: N/A SHEET: 4 OF 10 ,, • . . /~ . ·' . ,·. ' --- I I ' i ·1 I i·· I • .. I • -.. . I I I . • I • I • I • .i• I -1 • I ! I I 1 " .. '· ' I • ..· ' LUA-07-059-FP : LANG LEY RIDGE AT MAY CREEK VOL/PG ' 'I' ' . )",' ·- LND-10-0434 I J I ' I / ' TWP. 24 N. TWP. 23 . N. . C'I co . " IO ,.-... IO co "'' .... I') PORTION OF THE N. PORTION OF THE S. 1/2, N.E. 1/4, SEC. 3, TWP. 1/2, S. E. 1/ 4, SEC. 34, TWP. 23 N., ·RGE. RGE. CITY OF RENTON, KING COUNTY, 24 N., WASHINGTON S 76"17°34· E (ROS 103/86) · 474.17' R=6438.00' L:.=05'53'12· L=661.45' 5 E., 5 E., W.M. W.M. w .o . ~- 0> IO Vl I') 0 ;.. Ir C'I ._. • -0 FOUND KING COU NTY CONCRETE MON . r~~--.::-~-===-~-~-~-~---p,-J·~~~N~.'E~. ~3~1ST ST. -ac1 . =----s a l°!..O 46 ~l ·---r:-=--::.:::~:..::-~9 :':78=·=6~Bf_~R~O~S~!~5~====~==: m -~1~~ ----...:::-::,,..,,_ CITY · OF RENTON SURVEY CONTROL NETWORK POINT #2097 z . /" VI SITED 04/12 /2005 . / 2.42 ' NORTH ,.., ,.._ ...J m / 1 .14 ' EAS T BL1 ~ N 88'37,17 • W · -N. LINE OF THE N.W . 1/4, BL2 N 88'37 ,27 • W 2,645.37'-KCCS) ~--------~::-:::-:"--.... ----~~'is-:::~N~.E~--1~/~4~.~S~EC~--3~-~2~3~-~0~5--'-' '~~~~~:t-~-=-:J~~~.t:2:,64=5:·::54' . I ·,, 578.89' :"',I -· , 1 BLB -- ---.•. 413.19' --·--330.69' ~FOUND 1" IRON BAR 1 . VIS ITED 0 4/1 2/2005 -...,. . co I') ...,. ~ • IO I') ... N • -0 V) -S 88'01'51• E 413.19' . O> .'"te? C'I ...,. ... LLI • I') ... ;.. N • ,... .o . 0 0 IO r') IO • ~ IO z t------------1~ -- vio '-...0 • -0 Cl) ~ I J ~ 9r-'--.._-,-.;;B;;;L9,----.....i'-----·-··-z I') BL11 0 ... ...J m N: 191,106.7115 FEET (COR) E: 1,316,747.0720 FEET (COR) -TWP. 24 N . 1,206.77' TWP. 23 N.-- . ~~ ,to . ~ / c:}<~-~(o ti., o{!>· .... FOUND MON . IN CA SE STONE WITH "X" VIS ITED 03/09/2 005 / CITY OF RENTON SURV EY CON TROL NETWORK -~-POINT # 1996 --~---N 1 88,688 .8 7 35 FEET (COR) __.,.~ i:.. 1,313 ,499 .2840 FEET (COR) -------FOUND MON. IN CASE _,,..-----2" BRASS DISC \1SITED 03 /09/2006 ------~------N.E. 26TH ST. •' ,.... ..-.·Cl) a, It) ,.....-'' en ':J. r--.., o ·a,o (,) '°· .... ~ ~ Cl) 1· . i -- '',->ii ,' ' i •·. ' I i_ . ' I I ' ! ·,.• 1 . ' . ' '"' .. I .o(I) __ . «J N ti:: 0 ·, . I ., l")I I ct:.·•. I W lw LLI • • • 0 "' ~ N ,!') ..,. ...,. . "I ..,. C'I • • C'I -"· -,• 0 0 ,-0 Zz z ....... .....,. - I •• I ' CAL ~~ULA TEO I .//" CE NTEP OF . SE CT O~, \ I / I / . o[· 200' 400' I i--L-~ -N ~ I~~ 1" -200' I BA '.j,IS OF BEARINGS IS NAD 1983/91 ' ' LEGEND +t = SECTION CORNER I i = QUARTER CORNER -' = FOUND MON. IN CASE El,, = SET MON. IN CASE o i = FNO. PROP : COR. AS NOTED e i = SET 1/2" I.R. W/CAP #21464 COR ! = CITY OF RENTON · · . MEAS = MEASURED .· · ' N. E. 24 TH ST . CURVE TABLE LlNE TABLE ~- CURVE RADIUS DELTA ANGLE ARC LENGTH LINE BEARING DISTANCE . BC1 6.468.00' 01·04'41" ' . 121.71' BL 1 N 01"18'26" E 16.00' I I . EXPIRES: 1 /31 /06 J t, t / t ) 9-· ' ·' .- LATEST REVISION: 11/19/07 8L2 S 88'37'27" E BL3 N 01"16'22" E BL4 N 70"13'45" W BL5 .N 01"18'26" E BL6 S 82"10'46• E BL7 S 01·15·22· W 8L8 N 88"37'27" W BL9 S 88'37 '27" E BL10 S 01·24·51 • W . BL11 N 88"37'27" W ' . N. 87'26'28" W -. · 2 645 3 ,-- 120.02· 144.10' .126.44' 1 21 .29' 327.85' 269 .69' 116.00' 339.29' 208. 71' . 339 .29' FO UND STONE MON . WITH "X" --, VISITED 03/09 /200:::, \ (N 87'25'57" W . , • · 5 ( , • 2,645 ,37 -ROS 97 /19) N 8726 08 W . 2,645.37' -KCCS) 3 PREPARED BY: HANSEN -SURVEYING ' LAND SURVEYORiS & CONSULTANTS 17420 116TH AVE. S.iE., RENTON,·-WA 98058 TEL: 425-235-844d , .. FAX: 4-25 ,--235~ 0266 PORTION OF : N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M . DRAWN BY: CHKD BY: CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP L:AND RECORD NO. LND-10-0434 RF DATE: 03/23/07 JOB NO.: RGH I SCALE:· l" 200' SHEET: - 20510 5 OF 10 • • 1 IO ; • ~ -~ • tO • C'I ~ § "'-~, w • "' I' w N N W --· . IO :~ I') • C'I IO I') N ' N' N -• I.() .. 0.-C'IIO 0 • "' . z -. .._..zo-o z I 2 ....... z ....... . ' ' ' '!' ' i -, i I ' '•' i .. . . J . . 1,·,' . • LUA-, ·07-059-FP LND-10-0434 . ....... I') • CJ) It) N ,t; '-.N (0 -.... (/) . o- 0:: I • -----~-ij -- 8 UNPLA 1"1'ED • N -.... . WW C I (0 0 I') N . . ........ NN • • ........ 00 zz ......, i . i I l I LANG LEY RIDGE AT MAY CREEK PORTION OF THE N. 1/2, N. E. 1/4, SEC. 3, TWP. 23 N., RGE. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. 34, TWP. 24 N., RGE. CITY OF RENTON, KING COUNTY, WASHINGTON OPEN SPACE TRACT "a 421.451 S.F. + /- {SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) ' - LOT 23 14,866 S.F. +/-- (14,766 S .F. +/-) . .... q 0 " ... --I I w • 0 N ;,. N • .... 0 .z 5 88"01 '51" E 99.84' LOT 22 16,972 S.F. +/- (16,872 S.F. +/-) I \ I w 0 z I \ I --I\ -- I I . ,- 0 . ~ - w . I -ID 0 "1 . . 0 .,. " N -• -0 z 5 E., W. M. 5 E., W. M. 5 88'01 '51 • E 146.36' -- LOT 20 35,785 S.F .. + /- I I 5 88'01'51" E w ' --10· ~ . 10· ·!"loi/::.:--:._s~99~-~oo~·~~\r\ri_:.:-j' .::::~tr-;.·:-.;~9~9~.83~' ;-:--.:.:ll w LOT 25 ;,. I s 00001•51• E --' W 1'7 239 S F / N 00 .· ' / s 88"01 '51 " E LOT 26 • • · · · + -• 1 I 1 1 1 I • w O .... I 10 o·· I 20· PRIVATE i:n o 1 15,2'74 S.F. + /-r'l o J 1 -t-,__ 0 N o ,t z 15' PRIVATE 1 r.• 1,5 ,,1 ---DR I VEWA Y I • N N :) ' -;... g LOT 28 ~ ~ LOT 27 ;,. ;_. UTILITY ~ I ~I EASEMENT w I • j ,- 0 0 (0 104.97' VOL/PG (S 88°01'23• E 413 18' R s aa·o1·s1· E • -os 97/19) ' '\ 413.19' OPEN SPACE TRACT "B" 139,666 S.F. +/- (SEE N.G.P.A. RESTRICTION ON SHEET · 3 OF 10) ~ LOT 29 i ~ 12,484 S.F. +/-.... 0 15,050 S.F +/-~ ~ . EASEMENT I J 1 11 \_15' PRIVA TE w o 10,400 S.F. +/-.... .... z o , LOT 24 I J~ g 1 I UllLITY -;... t, LOT 19 1 o· U TILITY N o z O · . ;,. , EASEM ENT O ,., r -E AS EM[N T .... R=46.00', 1 2 ·~ (~t~;; :::.· tj=): :§ ~:: 1~, .9W~:F~1.+;-.~ ~. 360925 S.F. +/-150u~r:i¢T[~ // \\ u'v' \'.\IS ' , I I I ' I 1- ' I I ' J, ·' I I I ' ! ' ' ' , ' ! ' ' . ' ' I I /::,.=90'33' 49• · ( / ) O · · r . '· /, L=72_71 , .1 . J J ZJ I 1!1.677 S.F. + -z EA .)EMENT .. , .. 'o. ~-\ · I J 1, •• . ., ' ,,---.-'/.·,,~· ... ,,,:c,-.-,,;,..c,a,.---,~,·--• _, ,,-·-' --<Lo·' , --~= ,-. _.cc .. ,,---_-,,q'<P .,.-.<:-----\-~,-oci";,."°oc '"""'""'l ';,0W,(,-''o'c: ' 8.0 ,Q 1 ' ' >ao.oo· .'' ,~-' '-\ 80.00' ', ' 7 ' ' • ' -,, , ,. ·-•' ,:£ ___ __;_ 1 _ i '''\'; >!;'.;;C:;.:;_-,,?;s·~ ~:T+('f Of 'l''""'''P·-·~,.,,2 oC''•'"'''·;,---, .·,,-'5' .. :c--,;.fc o,~,. ,;,,.-' ... :,co,~.,!':0.-{,·•• o'. /. \ ----1 -,-- N. E. 25TH ST.· 1.153.s2· 295.25' f:iil ' , ;;: · ------,.......-s=-88"01 ·51 • E -... • .... . . . _ r . 1.121.02· C\I ...... --· : 888.56 ru Z·c '~;;--;·;5~6~.6:9·~·7-T·--.a~o~.6~6~'~1--ao:;;,.--r-·o:...--1--ao:is---fas-~·~0~1~·s£r"JE:,.~M~3~.oT1~·----.o:.;,.--~::-=~;=-=-;=~~;~~J-~~~===~t~f.:: ~ ~· ~ .. ·'' '·.· R-25.00' 80.65' 80 .65' 80.65' . 80.65' 80.65' N ki ID ;_ A=90'33'49• 80.65' --CO I . I '-" 81.95' 82.00' .... < 1 .. 1 L 39;52' w -57.81 '. -- 32 6Q'W 21.00' .· I , W W l.Ll . w • 0 • • w w o o . . . . LOT 1 o ~ LOT 2 ~ g LOT 3 -;... ~ LOT 4 • o . 0 . • w w w ...:l ~ iti ~ ~ 10,023. S .F. +/-i ~ 10,001 S.F. +/-,i-~ 10,001 S.F. +/-~;,. 10001 SF +/-q C LOT 5 0 ~ LOT 6 -;... ~. LOT ? ~ 0 . 0 1 w f:3 t,~ ~ ~ ,' -;; ~ Ei . ~ ~ ' . . ; t 10,001 S.F. +/-~ f 10,001 S.F. +/-~ ~ 10,001 S.F. +/-'J £ 10,o!fi.r.8+/-C! ~ 1016IfJ,9+/-~ ~ LOT 10 ~ ~ LOT 11 ~ o O> o • z z o o --o ~ :-~ f'I , . . . t; ~ 10,168 S.F . +/--.i-;t 10.107 S.F. '+/-z Z z z z O --~;.. N:~ , z z O O ,-0 \ I I I 32.$0' \ ----FOUND CONC. MON. IN CASE (VISITED 03/09/2005) FOUND CONC. MON . IN CASE (VISITED 03/09/2005) I ' 81.93' FOUND CONC . MON, IN CASE N 01"24'2b" E O 70' (VISITED 03/09/2005) 35 8 o'! 60' --- . 80.66' 34 120' ----- 1" 60' l I • BASl p OF BEARINGS IS . NAO 1983/91 I I 1 1 LEGEND ' i • = SECllON CORNER I = QUARTER CORNER 0 = FOUND MON. IN CASE $ := SET MON. IN CASE I ., 0 : FND . PROP. COR. AS NOTED • ; SET 1 /2" LR. W/CAP #21464 I ' I I ' ! 80.65' 80.65' . 80.65' 80.65' 33 32 31 8 8 FOUND CON C MOfr IN --~ / CASE (VISITED 03/09 /2005 )- · I / ! EXPIRES: 1/31/06 J ·'-·j 1./ If )+ t .,, , .. ) LATEST REVISION: 11 /19/07 27' 27' J__, PREPARED BY: , HANSEN · SURVEYING LAND SURVEYORS ,& CONSULTANTS 17420 116TH AVE . S.E., RENTON, WA 98058 ' ' TEL: 425-235-8440 FAX: 425-235-0266 80.65' 80.65' N 88"01'51• W z z 1,322.66' 81.95' FENCE 0 .2 · N / 4' CHAIN ./ LI NK FEN CE 8 00' 1 I cT NCE. I l 0 .5' N z 82.57' 28 27 LOT A LOT B 8 8 8 8 NOTE AREA IN PARENTHESIS ( ) IS NET AREA PORTION OF : N. 1/2, N.E. 1/4, · SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10-0434 DRAWN BY: RF ', DATE: 03/23/07 JOB NO.: CHKD BY: RGH i SCALE: 1" = 60' SHEET: , ,I ' ' _c_" -, ______ j , ----__ , __ ,_ , 20510 6 OF 10 ' ' ' I l ,. ! ' , ,. • I i l . ' . ' c' 'i· , • ---------------------..... -----..... -----------------------------------------..------......... ....,,.. I VOL/PG 1 · LUA-07-059-FP LND-10-0434 LANG LEY RID .GE AT MAY CREEK [ ·.·!' . .. , ' PORTION OF THE N. 1/2, N. E. 1/4, SEC. 3, TWP. 23 N., RGE.· 5 E. I W.M. ..._ _____ .....;;,_.,. I (S 88"01 '23" E 413.18'-ROS S 88"01'51" E 413.19' OPEN SPACE TRACT "B· 139,666 S.F. + /-- (SEE NG PA RESTRICTION ON SHEET 3 OF 10) 97,119) ' ! ' . I ' ' PORTION .... ...._ ' ' I I I I r4 I . ,z !~ I< I 18 '° I < ""= I~; 1- 1 1 1s· I I L N 0 ,,i ,... 1/) w • I') ... . ..,. N . -0 L,J • I') _J ..,. . ..,. N • -0 z OF THE S. 1/2, S. E. 1/4, SEC. 34, TWP. 24 N. I RGE. 5 E., W.M .. CITY OF RENTON, KING COUNTY, WASHINGTON OPEN SPACE TRACT "C" 154,775 S.F. +/-. (144,622 S.F. + /-) . (SEE N.G.P.A RESTRICTION ON SHEET 3 OF 10) · . , .. _,_ . I~ ' '" I CXJ . I') 1/) a, ID FOUND !RC # 18079 /--0.70 ' NORTH I I I ;"' I// 0 .21' EAST \ / I I I (S 88"37'05" E s 55·31·21· E 339.29' -ROS 153/105) 339.29' I I 26' I I 105.38' j-=._' 26' PRIVATE ACCESS & . 1/) I ~ UTILITY EASEMENT WITH ri' FIRE TURNAROUNDS I 1/'J 3: AND WITH TRAIL I ;;; • REC. No . I~ u; ~ ' ·'· ;,. ": 1 -('ICXl • -· 0 • ~ . 1 /ao(',j \ : in LOT 30 .a ~ .... . ,,J [:! II) u I o ;; z: I\ /. I ._..~ / N 21,994 S.F. + /-f". 8 (18,539 S.F. +/-) o N z ' I / 2J 26' PUBLIC E11) / I / 26_' · -UTILITY f:_1_2_,.,. EASEMENT . I ,o \ () \rf> I j \('.7 85.00' LOT 31 17,740 S.F. + /- (15,396 S.F. +/-) El 3 .., • ~ . ~~ ..,. . ff 8 -N 0 z 148.91' LOT 32 31,079 S. F. + /- ( 26,319 S.F. +/-) . EX ISTING 15' WATER , EASEMENT \ REC #2007080700129 7 E 17 -E1U_ E19 t -\" I \ I • I()' .... 0 ..... -. ....._ '° .., 0 II) N..- 3'; ~ I • lo.I .... IO~ . 0 ..,._ (',j 1/) • N -. o-0 Cf) z ...... N 48'21 '07" W ~ (RADIAL) f" : "N :-·-'° ~1 ~ N~E .. ·;~TH s~~~---lT5 _E : 4 --E l6 ------~ /~" c;;x· .·, . fOU~~ t~oti~0/9 ;--~ '\\ ~ ...... N:-_:-°"i\~1~05;·;38:;:.' ... ~~~\--.N~8;8'~:~;~~~-~~"~W~[~-~~~-!!-~3;3~9:~;§9~'-~1-48~.-9~1~.-~-~-~~ -~x~· :"':[jJ' ~7=-=·=-1~r:_· __ --_----_ .. -_ ..... 0.06' WES! I I 'c..FENCE (S 88"37'05. E 339.29'-Ros 153/105) : ~ 2 .6 S \ z 26' PRIVATE ACCESS & UTILITY EASEMENT EASEMENT WI TH FIRE TURNAROUNDS AND WITH TRAIL FOUND IRC # 18079 0.22 ' NORTH j . a, L 0 . 18' EAST \ S' ' ~-ll',2, 6'~ ~ .j'll' ~ ..., .j', ~ \' \ \ , ~ \ 110 U T!I_I T Y \o. \ !E ASEMEN T I I .-- w S 88"01'51· E 81.30' I I 330.68' 167.79' I ' -- I . 26'' !----·-, _ 26' PUBLIC UTILITY EASEMENT I 8 RF-C. No . _________________ _ I g ;,. 15 ' PRIVA T[ // \ J' \ ' 0 'a . .i..i LOT 16 UTILI TY \ ~ .\G ~ LOT lB ~ E; LOT 17 pj g 20,803 S.F. +/-..- ... REC . No . EASEMENT ,. 0 0 I N ..,. 8 . ) ' ~ ·ct,..~• \;' o o ..-":fF C N<1 ------------------:,:; . 1 _ ~108 ···· .· <o-,.:,. ' . ~ 1 ,11B S.F. + -:-~ 10,001 S.F. +/-l-.i . ~ 2 3' PUBLI C LJT/U rY FAS EMFNT ~:'"\ ·., ~, \. Z 'IRE TURNAROUND z ,.,_ , . S ., / 25'. 'PUBLIC Ul IUTY ·: lASlMEN T . \ \ · EAS EMl"N T -., '\ / <ii; · . ....L., · .. · 1 Jee,c~-,-.·,,/if-S~'"~~o; ,;·,=~:~c.-,':i;~~-. · =_, ·· UNP0.17ED - "\.. ._':,,,.4.3 .. 1'.·3-.' \ -:.,.,4 .80' ··\\·· I \, .· ' •• · .. ----·a,;;.~--L~<,E,2\. -"'~!2--<~;':;;rt,~·-s=·:3c~~{··' Le,: ., ___ ,., .. -~ ---~:....-.-.. ,--,.~ .. --~-;-•:-· , ... ..: , .. , .. :•.,,,, ":·· .···,oc ·\,:\~ ... ,.,:;,...,.,,,c ·8 T,,@ •-··· .. -f···I.RE T.U .. R ... ·N8.~R.00U'U,N0 t; ~E--~ I ... ··-----·-\·,_ .• ~ --• ./: ~~:J.~~iiV •' 10.· ----,._cv_ ::.N /ID i ,, 2 5ra·' s·r. . ~ ., -'"" , ~ ....... · ,., .. ~ _. ., -· -·· ' ..•. 7·< )·"'i·cr ] -::-C\,r:_'.~_ .. -·· --~ CV EASEMENT -_ g ;.'3 / 1 N ,.... I -186.01' ',. ,' V C\l --I r_; --cii s ""'"01' 1 • E , 39.76' --~ ro-E4 L2 ·No _, I Iv --: 57.81' --...-~ , uu --n ~ '8259:2060:1,· ~l ~ R-2:!;6' --81.00' . 2:0 ;-·P:R~l·V·A-TEJ--_· 1\-:5~,PR !VATE 82.00' t.J L=39 .02' 1 ,... ~ t::.-9 o·33'49 • 50u/itYfruc o DRIVEWAY 7 c.·/1 \_ LJTILID ' w < . \. L=39.52' w EA S EM ENT i EA SEMEN T . ..., ~ 1 f.ASEMENT • .. o * r 0 !"' LOT 10 ... ~ ?il , LOT 11 ~ ~ 10,168 S.F. + /-~ ;:!j 10 )107 S.F. + /-- -·-N• I Ii) 0 -~ C"\I 0 z z O> a, ~ o o . . -g :-LOT 15 ~ U I..OT 12 !"' 0 LOT 13 -w ;,. ~ 16,531 S.F. +/- _. co 10 279 s F +/-c-i ..... .,.:. 10,044 S.F. + /-:! • LOT 14 S" ..,. ~ ~ " · · · · .... ~ ;. -~ u,614 s.r + /-o - zl =::3 ~ ; -~ (10,001 s.r. +/-) z: 21'f 30' o I . -0 0 I') (',j I -~ ' • , .... I{) ... N • .... 0 V) I z I .1 8 00' 1, 1 1 21' jg / J ,· l'ENCE -__ .,__7~r--!!~118 ~ 2 ~- 537J,r1t~f~7~~~f-m 1 -~~~~1t_...,!~~TJlL_~~~-Jl:;:~ 84.01' 81.0Q' \ J I _....~ 0.8 ' S ; N 88"01'51" W 1,322.66' 80.65' 1 88.39' \ / .-,// .0 .7' E j / \ PR !VA _TE ACCES S / . __ -;-·------~-----·--- 4' CHAIN . EA ,SEMEN T · LINK FENC E . tFENC E RE C #8512160616 ;Fg~C~.1 \ __ OF E.2~CES· I FOUND IRC #26 2 52) 5' WOOD o •. s · N L 4 · CHAlr, o .o a · NORTH -FENCE · LOT A LOT ! B LINK FENCE ~~'£.~(,~ 0 .26' EAS T 9 22 21 • ~. '\ 23 8 27' I 27· 8 --- ' FOUND CONC . 1MON . IN CASE (VIS I TED 03 /09 /2D05 ) i ~'\,V ~~c ~8 -£ /~ FOUND CON C. MON . 1N ./ CASE (VISITED 03/09 /200 5 ) 20 8 10 LOT B 8 ' CURVE C1 ' C2 C3 C4 C7 CB -~"- C9 C10 C11 C12 C13 LlNE TABLE LINE BEARING DISTANCE L1 N 01·24'20· E 22.00' L2 s 8a·o1·51· E 80.65' ' EASEMENT LlNE TABLE LINE BEARING DISTANCE E1 s ss·o1·51• E 23.77' E2 S 88"01 '51" E 20.00' .. E3 S 01·24'20· W 0.34' E4 N 88·01•51· w 34.66' E10 S 88"37'.27" E 60.40' E 11 N 01·22•33• E 4.00' E12 S 88"37'27" E 20.00' E13 S 01·24'51• W 3.98' E14 S 88.37'27" E 138.89' E15 S B8"37'27" E 59.98' E16 S 88"37'27" E 78.91' E17 N 01·22'33• E 4.00' E18 S 88"37'27" E 20.00' E19 S 01·22·33• W 4.00' E20 S 01·24'51" W 34.84' E21 N 01·24'51• E 26.00' E22 N 01"24'51" E 69.75' EASEMENT CURVE TABLE RADIUS DELTA ANGLE ARC LENGTH 25.00' 31·19'55• 13.67' 35.00' 89'26'11" 54.63' 47.00' 13042'59• 112.15' . 20.00' 46"40'41" 16.29' 46.00' 45·41 '22· 37.48' 21.00' 136"45'50" 50.13' 25 .00' so·oo·oo· 39.27' 25.00' so·o2·1a· 39.29' ' 25.00' so·oo·oo· 39 ,27' 25.00' 5734•53" 29 .49' 25.00' 2718'33" 11.92' NOTE 0 60' 120' AREA IN PARENTHESIS ( ) IS NET AREA ~,.,'iii-~-§-'il_-~-~--iiiiiiiiiiiiiiii[ ____ j 1" 60' BASIS OF BEARINGS IS NAO 1983/91 LEGEND + 1 = SECTION CORNER I -QUARTER CORNER ~ = FOUND MON . IN CASE $ = SET MON . IN CASE 0 = FND . PROP : COR .. AS NOTED ' ' ' • '= SET 1 /2" I.R. W /CAP #21464 %, I -· I EXPIRES: 1 /31 /08 I l..• / fr .il '? :J "' ,, ., LA TEST REVISION: 11/19/07 PREPARED ~Y: ' ' HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 116TH AVE : S.E., RENTON, WA 98058 ' TEL: 425-235 -8440 ' ·· FAX: 425c..,235..:.0266 PORTION OF: N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4,, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07 -059-FP LAND RECORD NO. LND-10-0434 DRAWN BY: RF DATE: 03/23/07 JOB NO.: CHKD · BY: RGH . SCALE: . f' · = 60' SHEET: 20510 7 OF 10 ' ' c§ t:-4 " '"d (;)· I ' 1 I I J. l I ·d. ·I . I I: I r I . I I ! I i I .. I I i ! I ' ! ' l i I I ! i /-> ' ,·l . L .I . I ,I_ l I i I I I I . t ' . I 1 i I ; ! I i I I I + . I I I ! I I ' ' I ' i I I I ·' ' I I I I ' [i ' I I I ' I i I I I I l :i I ' i ' ! i ' . I ' ' ' ! i '[ i ' I I ' I ' : ' I I I : ' i r ! I I I I I l . I ' I I l . i. ·., I ' .. )_ i ,: ... i LUA-07-059-. FP I. LND-10-0434 LANGLEY RIDGE ' i I "T -i AT MAY CREEK PORTION OF THE N. 1/2, N. E. 1/ 4, SEC. 3, TWP. 23 N., RGE. 5 E., W. M. ! PORTION OF THE S. 1/2, S. E. l/4, SEC. 34, TWP. 24 N., RGE. 5 E., W. M. ,-... ao ..,. "N CITY OF RENTON, KING COUNTY, WASHINGTON I -l!) I~ Ol I~ I I I I I o, C!o q) U) :2 .... i:g Q:: I . 8 ID ~ ~ .... 3::: !!) • ..,. .... !8 I ;· 8 N If) in I . . ... ..,. UNPLATI'ED UNPLATI'ED -NJ N L[) I j 1 I I 11 I wl , I --"' I -st- !" I -01 ' Zj I I 1. . 0 I l!) -~ ~. 0, . II) .- ON • .-U>o (/) - I FOUND !RC #t8079 070' NORTH 0 .2 1' EASI I I I~ IN I I / (S 88"37'05• E S 88"37'27• E 339.29' -ROS 153/105) 339.29' I 1-J,.;:..6 ·_, I I 105.38' I ,o" 2 6' PRIVATE ACCESS ! & / o UTIUTY EASEMENT WIT H .. '-FIRE TURNAROUNDS I :l. ~ AND WITH TRAIL I J ;;; • REC. No. _________ __ I ~ ;;; ':- WI ':,t-": I . NCO w 85.00' LOT 31 17,74-0 S.F. + /- (15,396 S.F. + /-) w a •. 0 I a 1 I O d N LOT ·30 in ;.... '!.-• \_ I.. .. ,-... f' ;::_ .,.f ~ v,, 21,994 S.F: +/~ ~ ~ ~ ~ 148.91' LOT 32 31.079 S.F. +/- (26,319 S.F. +/-) CJ j o , (16,539 S.F. + /-) o O N 7 z '°' z z EXIS11NG 15' WATER /' J ..... c.;, \ EASEMENT c--El3 . . , REC. #20070807001297 .,, ~ I I I I I I I I e UNPLATI'ED I I ~-------~---------_, ___ ., __ , ..... _____ .----------! --{ I · ·. I / ; I I I I I I I ' ' I I I ! ll___ I . -......... ......... I ..... ~ I -......... -....._ / I I I TRACT B 8 ~- VOL/PG 4 8 ·:.-.--,-r --'Jc.:"':,:._. EJO,.-=.,_· >'c,O) ,-<J? · __ .. F14 __ ... ,--_--._!."--··--·,,\ ------=~: ... ~~-'--;::r ,i --=-=N:E: ''2HTH~,ST.:~.=----tfs -· -~~-·" -c ,t1~=-~.:~ /c,°' c1~->'~ 1-:-.... w, i ' C'J 105.38' 85.00' ~ -~ -1~.~.-·---[:j 1 \ .._ ~---. N 88°37'27" W 339.29' -~ I I \ \_iE~C~ \ (S 88"J7'05" E 339.29'-ROS 153/105) \ 26' PRIVATE ACCESS & UTILITY EASEMENT\ I I I .- 0> I -\ I I I ) - I 26' I . 8 0. co : . .- I llQ I") 3: • .- IO • ,,t N • .- 0 . Cl) -0 ij C\I I 1 / \__ --EASEMENT WITH FIRE TURNAROUNDS ____J AND WITH TRAIL ! . REC. No. 26 '. PUBLIC UT!L rTY EASEMENT REC. No. _________________ _ 8 UNPLATTED FENCE o.s· s 0 l' E --..... ~-_; 6' WOOD FENCE 9 ! O'! 60' 120· I flll'lpi,...~\-~-~----~--iiiiiiiiiil~~ I 1 1" 60' I BASIS OF BEARINGS IS NAD 1983/91 LEGEND ti != SECTION CORNER I = QUARTER CORNER 0 = FOUND MON. IN CASE G) ]= SET MON. IN CASE · O I FND. PROP. COR. AS NOTED e : SET 1/2" 1.R. W/CAP #21464 FOUND IRC #18079 0.22' NORTH 0.18' EAST EXISTING 20' ACCESS __ & UTILITY EASEMENT · REC. #20020618900002 (REC #90061117 02) FOUND CONC. MON IN CASE (VISITED D3/09/2005 f- . I I 8 i TRACT C ~ I PREPARED BY: HANSEN S:URVEYING ' LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E!, QENTON, WA 98056 ' ' i I , LA TEST REVISION: 11 /19/07 TEL: 425-235-8440 I ' .. FAX:. 425-235-0266 i <-~"'..;,::-~-. :-~ ~ -~ .:~. 5.' 8 N.E. 26TH ST. '1' C\/, -----11'------£--........ ' FOUND CONC. MON. IN _} / CASE (VISITED 03/09/2005) I EASEMENT LlNE TABLE UNE BEARING DISTANCE I E10 S 88'37'27" E 60.40' E11 N 01"22'33" E 4.00' E12 S 88"37'27" E 20.00' E13 S 01·24'51" W 3.98' E14 S 88"37'27" E 138.89' E15 S 88"37'27" E 59.98' E16 S 88"37'27" E 78.91 ··-- E17 N 01'22'33" E 4 .00 ' E18 S 88"37'27 E 20.00' E19 S 01·22•33• W 4 .00' E20 S 01'24'51" W 34.84' E21 N 01·24'51" E 26.00' E22 N 01"24'51" E 69.75' EASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH 03 47.00' 136"42'59" 112.15' 04 20.00' 46"40' 41" 16.29' 07 46.00' 46" 41 ·22· 37.48' cs 21.00' 136"45'50" 50. 13' C9 ·25.00' 90"00'00" 39.27' C10 25.00' 90·02·1 s" 39.29' C 11 25.00' 90·00·00" 39.27' C12 25.00' 67"34'53" . 29.49' C13 25.00' 27"18'33" . 11.92' NOTE AREA IN PARENTHESIS ( ) IS NET AREA PORTION OF: N. 1/2, N. E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W. M. S . 1/2, S. E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W. M. DRAWN BY: CHKD BY: CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10-0434 RF I DATE: 03/23/07 JOB .NO.: RGH .SCALE: 1" -60' SHEET: .. I J 20510 8 OF 10 . .· : •} ! I ' ' I I r.·; i • I I I i I I I I I I ' I ·' ., I I ' ' I i . ·l ' ; . ' • ' ' LUA--07-059-FP LND-10-0434 ! ' ) ',1 LANG LEY RIDGE AT MAY CREEK PORTION OF THE N. 1/2, N. E. 1/ 4, SEC. 3, . TWP. 23 N., RGE. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. RGE. 34, TWP. 24 N., COUNTY, WASHINGTON • CITY OF RENTON, KING f0 UNPLATTED 8 UNPLA'ITED Ii ,, 1 1 FOUND K:NG .. COU~;T Y II CON CRE T[~011 I: /' 2 42 N~H I i // 1 . 1 4 ' F AST 5 E., W. M. 5 E., W. M. ' . J . I . . . j I ! 1 L Ii : ·: .. ' (' .:; ) I VOL/PG I I I I. -----------1 '1 8 I.OT 1 ! ,. f . I i I . ·. L ... ! I I k .. ', I ' I j.'' ' {. I I I . TWP. 24 N. 34 ', 1t(_ _ (S 88"37'17• E 578.84' -ROS 6/293) rWP.--23-·N.-----~\---------;....--~-~---~s:..!88"~37:·r21~-~E--s~1~a!;.!.a~9~· ------------------.::..::-;.;· J._ ________________________ -----'- I \ ! \ I I . ' j I ' I \+ou No I " IRO I~ B,\R f, ~ UNPLAITED . ('I I() U) -,-,, ~ OPEN SPACE .-. • ,....,; A. 'C""-" .A.. --~-_c-,-.--·-------'"' -.-.-. ~-----J.~nn_· .. 1:-.co::>.;... ---1···-· --=·:,',,,_.---:. -..---· 421,451 S. F. + /- . , I ·'·;,', .:, ,7,---·----·'·t:-·.";:';, , .\,,._. \. ··~ ,, • •,,: .. ;;:so .. _,.,•.•,.:.,., 'C',' ~----C,.a S -~ ••. ;:;:-~-:-·~,-~~.:c\,-:o.::::·:._ ;'=--'":.,.,~·C::~'"":,-'---"-c'"'-.. :----=·_,..,_.,..--~--,,---.~-:'."".:"' e " 0) ~ -.... ' '</' ....... • 0) co t;;. Cf) 0 Q'. I '</' "? ' a:l I') ~ '</' • 3: (Cl !'l • ... 0) N 10 :-~' ON • (/) 0 U) ~ . I.OT 1 8 I I . ' ·1 I I I ·j I 't ' ! I ' I I ! .i r I r .. i ' I ' . i l I . ---~'""-:----;:-=o..:c.-,,-·'--):·~ ·••("'. ---:--;-·· ·,,~.- -, __ .._,, _,_, ----.,"",-...~--. , J I . l ' I ' Ei~ UNPLATTED U) ' • o- Q:'. I 0 --'-I") - WW • • (Cl 0 n N ':,t -..,. NN . . -~ 00 zz '-.J -=.t ·i ...,. . • i . ~I Cl'.) ' i ' :LOT 29 10,400 S. F. + /- LOT 28 12,484 S.F. + /- ' I ' , CD 60 120' -------- 1" 60' B1SIS OF BEARINGS IS NAO 1983/91 ! I LEGEND . ' + = SECTION CORNER I . = QUARTER CORNER 0 = FOUND MON. IN CASE $ = SET MON. IN CASE <D = FND. PROP. COR. AS NOTED • = SET 1 /2" I.R. W /CAP #21464 I l . ....... -... 0 N LOT 27 (SEE N.G.P.A RESTRICTION ON SHEET 3 OF 10) . ~ oi?-1 · ~ ,~ 11:> ,1 ...,. N N I") N LOT 25 ' \ I ' r . 0 I") 0 . I") -~ I") 0 "' N w • / O i --..,. LOT 26 17,239 S.F. +/-fl - ' ' s aa:01 ·s1 • E -I 99.84' I w • -0 -N 0 . LOT 22 LOT 0 ...,. 23 N 16,972 S.F. + I-....... • 14.866 S.F. -, +/--(16,872 S.F +/-) 0 (14,766 S.F +/-) z I • 10'-~ ·;,./·JQ' 99 .oo· \f'~~ -_y 99.83' S 88"01'51· E , 1 S 88"01'51" E I ' \ . - I I \ I . ~ 0 ..f w • U) I") ...,. "' • -0 z I I -I \ / ' . ~ 0 0 ..,. - w . I ~ U) 0 I") 0 ':,t ....... ~ -- I / ('I • ~ 0 z ' I I I ' ' S 88"01 '51" E 146.36' LOT 20 35,785 S.F. + /- s aa·o1 ·s1 • E 1 104.97' i I ! ' j i I (S 88"01 '23• E S 88"01'51• E 413.18'-ROS 97/19) t . 413.19' ! OPEN SPACE TRACT "B" 139,686 S.F +/- (SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) 1 I ' i I, ' ( r l I I I ! f l I f I I I i I i I 15,050 S.F. +/-15,274 S.F. +/· 0 i l10 0~ I 20' PRIVATE 15' PRIVATE 1,1 5 , 1-;.-t--DRIVEWAY LOT 19 36,925 S.F. +/- z ' U l lUTY ---. , ·Tl\ EASEMENT EASEMENT \_ 15' PRIVATE · UTILITY NOTE AREA IN PARENTHESIS ( ) IS NET AREA i ' 1 · ,------------,r------------------,r------------------------------1. EASEMENT PORTION OF: PREPARED BY: HANSEN SURVEYING ' ri .It.,/ t LAND SURVEYORS & CON:3ULTANTS EXPIRES: 1/31/08 17420 116TH AVE. S. E., i RENTON, WA ,98058 · LA TEST REVISION: 11 /19/07 TEL: 425-235-8440 ·FAX: 425~235-0266 ' N. 1/2. N. E. 1/4, SECTION 3, TWP. 23 N.. RGE. 5 E., W. M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. DRAWN · BY: CHKD BY: CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND RECORD NO. LND-10-0434 RF DATE: 03/23/07 JOB NO.: RGH SCALE: 1'' . ·. 60' SHEET: 20510 9 OF 10 < 0 ,· ' ·t"" I ........__ : "'O I. c;) ! I . ' I . i I !· i t r I l ' ' ' ,, r -1 "',, .----------, -------------------------T-,---------------------~V~OL~/~P~G~-----. LUA-07-059-FP I LANGLEY RIDGE A -MAY CREEK LND-10-0434 1/2, N. E. 1/ 4, SEC. -3, TWP. - PORTION OF THE N. 23 N., RGE. 34, TWP. 24 N., RGE. 5 E., W. M. 5 E., W. M. PORTION OF THE S. 1/2, S.E. 1/4, SEC. CITY OF RENTON, KING COUNTY, WASHINGTON • ,. IJNE TABLE EASEMENT LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L3 S 01·22'33• W 8.00' ES N 88'35'09" W 10.00' L4 S 88'37'27" E 80.00' E6 N 01·24'51 • E 20.00' LS S 01°12'53" W 8.00' E7 S 88°35'09" E 10.00' L6 S 01·24'51· W 41.09' EB N 01·24·51 • E 15.64' L7 N 01'24'51" E 56.16' -E9 S 88'35'09" E 4.00' ~--- LB S 88°37'27" E 21.96' L9 S 01·15'22· W 15.00' EASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH cs 25.00' 90·00·00· 39.27' C6 25.00' 90·00·00· 39 .27' ·----------t-' --- 8 UNPLA'ITED ' LOT 1 8 i ! -i ' ' ' I I ·-,' --- I \ 1 s· 1 s· I I ,w I ':o -I I N 0) I io ~ I I~~ I 30' INGRl::SS/lGRl:.SS l:.SM'T . / ;.. ~ # o I REC 2001122000256.3 --~-I Z (REC #,7>494207) ~ I I -"'-._ --, / j I I 1 , 5. -------------~~-- I I I I I I W ' w I ';..:i ... ~ I -:.i-o N -I • I() ~ f" I o ~ z o , z ' '-' I ' I I I I I i I I I I I 30' INORESS/EGRESS ESM 'T, REC #3494207 I '~ I J _l I "---1 I I . I 1 5. 15' I ' I I I I I I I -l \ (S 88"01'23• E 413.16'-RIDS 97/19) S68"01'51"E 413.19' Q; ' ill -,w C:M M I • ' ! I 1 '' 120' 60' BASIS OF BEARINGS IS NAO 1983/91 -- LEGEND + -SECTION CORNER I : = QUARlER CORNER 0 1 = FOUND MON. IN CASE ©1 = SET MON. IN CASE ' ' o [ = FND. PROP. COR. AS NOTED e ' = SET 1 /2" I.R. W/CAP #21464 - l I I I I I -R""6, 468-:0o• 4==01"()4'41· l,:::121. 71' ----< -S.E. ------MAY VAT r gy I I ROAD ' . - S 8?10·46• f OPEN SPACE TRACT •n• 83,811 SF + /- 327.as· (SEE N.G.P. A. RESTRICTION ON SHEET 3 OF 10) - r ouNO REGAR /-0.09' NORTH £- \ I • N !" --s_ B2'10·46" r 978 68' ( -. Ros lOJ/86) ___ _ 8 /// 0.55 ' EAST (0 -• UNPLA'ITED -0 Cl) -----.c-~ --·· --_-,.:-:::;;---=---~- I 0 L8 I z ~. tO - ...J ' . ' --S 88"35'09" E 108.67' " ..J I I I I -- \ I ro \ ·~11 · E9 J I:. 7 ,/ X) (D,-+-Ci WI l.. •• ---t-~, ES ---._C's \ 26' PRIV ATE ACClS S & UTILITY * EASEMENT WITH FIRE TURNAROUNDS 1 1 ', Ar~o WITH TRAIL --------"-. I . REC, No -----------------------'I-~§ LOT 33 119,570 S. F. + /- (108,909 S.F. + /-) S 88"35'09• E 330.68' OPEN SPACE TRACT "C" 154,775 S.F. + /- {144,622 S,F. +/-) (SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) PREPARED BY ' 'I if) I --' ~i l[) I I ;.._ I :i I ~ I I / . l[) / CD [)) I "l N I I I I I -- I I / 1 I ' -I w C I ,- ,c') I '1 0J I . ' -ol I") ' I() . z/ 0) I() ~ ....... ~ • N o, C? 0 IO <O I") ~ I() ~ Cl) 0 0::: I 0 0 (0 I") I() -3: ,!(l • ... ~ C',j ll) • • _ ... ON • ~ [/) 0 Cl) -...... HANSEN SURVEYING I 116.00' I I , I i --- N 88"37 27 w \--~-------------------------------------·--·----j . \._ FOUND IRC #20698 T -. - -0 .18' NORTH / . 8 UNPLATTED 0 .37' EAST / I I I I I I I I I 8 UNPLA'ITED NOTE AREA IN PARENTHESIS ( ) IS NET AREA PORTION OF: N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S. E. 1/ 4, SECTION 34, TWP. 24 N., RGE. 5 E., W. M .. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-07-059-FP LAND. RECORD NO. LND-10-0434 I EXPIRES: 1 /31 /08 ) l, !? It ,. / . LAND SURVEYORS · & CONSULTANTS DRAWN BY: , RF 17420 116TH AVE. S.·E., -RENTON,,,YA 98058 DATE: 03/23/07 JOB NO.: 20510 LA TEST REVISION: 11 /19 /07 TEL: 425-235-6440 : FAX: 425..,235..:.0266 CHKD BY: RGH SC:ALE: 1" = 60' SHEET: 10 OF 10 ---~ -------------~\~ ' --· ---·-----~·-"~------. __ ----·--· ,- 1 1 ' ! I -1- i '- I I . I ' ,: ·, I -. ' I • ! ' I . 1· ' ), i I i ' i -' ' ' ' .. I ' ' ! -1, -- ' ,_ 1. '· l \\ . LUA-05-083 LND-___ -___ _ LANGLEY RIDGE AT MAY CREEK VOL/PG PORTION OF THE N. 1/2, N.E 1/ 4, SEC. 3, TWP '. 23 N., RGE. 5 E., .· W.M. ' - PORTION OF THE S. 1/2, S.E. 1/ 4, SEC. 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION/CERTIFICATION i KNOW ALL PEOPLE BY THESE PRE 1SENTS THAT . WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATIED, HEREBY DECLARE THIS PLAT AND DEDICATE/CERTIFY TO THE USE OF THE PUBLIC FOR EV ER 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 1 THE ORIGINAL, REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON, AND FURTHER DEDICATE ~CERTIFY TO THE USE OF THE PUBLIC ALL EASEMENTS SHOWN ON TH IS PLAT FOR ALL PUBLIC PURPOSES f,,S INDICATED THEREON, INCLUDING, BUT NOT LIMITED TO, UTILITIES AND DRAINAGE, UNLESS SUCH EASEMENTS ARE S~ECIFICALL Y CERTIFIED ON THIS PLAT AS BEING DEDICATED/CERTIFIED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC IN WHICH CASE WE DO HEREBY DEDICATE/CERTIFY SUCH STREETS AND EASEMENTS T<D THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED . I TRACT A (OPEN SPACE), TRACT B l {OPE:N SPACE), TRACT C (OPEN SPACE/UTILITIES) AND TRACT D (OPEN SPACE) ARE HEREBY GRANTED AND CONVEYED TO THE LANGLEY RIDGE AT MAY CREEK HOMEOWNERS ASSOCIATION (HOA) OWNERSHIP ANO MAINTENANCE AC TIVITIES FOR SAID TRACTS WILL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED. OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS , THEN EACH LOT IN THIS PLAT SHALL ASSUME AND 'HAVE AN EQUAL ANO UNDMDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOA AND HAVE THE ADENDANT RESPONSIBILITIES. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LANO HEREBY SUBDIVIDED, HERES ~ CERTIFY THAT WE HAVE ESTABLISHED "LANGLEY RIDGE AT MAY CREEK" HOMEOWNERS t,.SSOCIATION (HOA) IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PlAT AS A MEMBER OF SAJD . HOA. SAID HOA IS SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF "LANGLEY RIDGE AT MAY CREEK" AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NUMBER --+i __________ _ I IN WITNESS WHEREOF WE HAVE S~ OUR HANDS AND SEALS. lANGLEY DEVELOPMENT GROUP, INC. ! C. THOMAS FOSTER ROBERT A. HOLM ES EINER I. HANDElAND ROBERT E. SLAYDEN BANK ITS : ~-------~----- TITLE MARYL C FOSTER TAMARA J . HOLMES MARILYN J . HANDELAND SHIRLEY L . SLAYDEN ITS: ·---------------TITLE --~"'· . - CITY OF RENTON APPROVALS CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS DAY OF _______ _ 20, __ ADMINISTRATIOR CITY OF RENTON MAYOR EXAMINED AND APPROVED THIS __ _ DAY OF --------------• 20 ____ _ MAYOR ' CITY OF RENTON EXAMINED AND APPROVED THIS __ DAY OF -------~----~-• 20. __ -~,----~---------····-----------CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE AR E NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS , AL LEY S , OR OTHER PUBLIC USES ARE PAID IN FULL THIS DAY OF ---------· ----20 i -=-~-:-=-..,..-,:-=,-:-~,----. ------------·----·----------- FINANCE DIRECTOR I COUNTY APPROVALS KING . COUNTY DEPARTMENT OF ASSESSMENTS i .,-. EXAMl:NED AND. APPROVE D THIS ____ __ · ----. -: I r · • .:--"'''\~ -: •• -,--;,' > ;.::ct .,,;;"-.:.,;.~\t ~"'ci'~-.,-;,;':\:f[ic=,~"'.;,,; •• t~:~i~,,..,,,.c'i1·-i •. . " . ~ -: .. -.: 'd' DAY OF -------------• 20. __ -·1":€K:N6 w.tEDGMEENf S~~.:\f··,,, j/ ~ -i;,-W'.'>W~',i ·-.J~c,"i•>·"""'*----·-· i. .\ '· ' ..-... ...,.,--·-' y~\ ""'-\ 1 ••• KIN C !COU NTY AS SES SCiR .. • ' . . . ' ' ..;,, ~;,_, ___ .: <'~(t - STATE OF WASHINGTON ) \ . I )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT----------------- SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT f,,S THE _______ _,__ __ OF----------------- TO BE THE FREE ANO VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND THE PURPOSES MENTIONED IN SAID INSTRUMENT. STATE OF Wt,.SHINGTON ' } COUNTY OF KING ) )SS ) I I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ---------------- , SIGNED THIS INSTRUMENT, ON OAT~ STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT. AND ACKNOWLEDGED IT TO BE HIS/HER i FREE AND VOLUNTARY ACT FOR THE USES ANO PURPOSES MENTIONED IN SAID INSTRUMENT. I ! STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE 5r"TISFACTORY EVIDENCE THAT ---------------- SIGNED THIS INSTRUMENT, ON OATH ! STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER 1 FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. a LAND SURVEYOR . HANSEN SURVEYING 17420 116TH A VE SE RENTON, WASHINGTON 98058 PHONE: 425-23 5 -8440 CONTACT: RODN EY HANSEN, PL .S CIVIL ENGINEER OFFE ENGINEERS 13932 SOU THEA ST 159 TH PLACE RENTON, WASHINGTON 98058 PHONE: 425-260-3412 CONTACT: DARRELL OFFE, P.E. EXPIRES: 1 /J1 /08 LATEST REVISION: 04/17 /07 PREPARED BY: I I \ I I ACCO IU NT NUMBER~- FINANCE DIVISION CERTIF1CATE I HERE BY CE RTIFY ALL PR OPE RTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL · ASSE~SM [NT S CERTIFIED TO THI S OF FICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS I CERTl f lE D TO THIS OFFICE FO R COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREE T'; AL LEYS, OR FOR ANY OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF 20_. ---~----·--MANAGER, KING COUNTY FINANCE DIVISION DEPUTY RECORDING CERTIFICATE RECORDING NO FILED FOR RECOR D AT THE REQUEST OF THE KING COUNTY (::OUNCIL THIS __ _ DAY OF -______ , 20_, AT __ MINUTES PAST AND RECORDED IN VO LUME __ _ OF PLATS, PAGE(S) ____ _ RECORDS OF KING COUNTY, WASHINGTON. i \ DIVISION OF RECORDS AND ELECTIONS MA_N_A_G-ER _______________ _ SUPERINTENDENT OF RECORDS LAND SURVEYOR'S CERTIFICATE I HEREBY CE RTIFY THAT THIS PLAT OF LANGLEY RIDGE AT MAY CREEK IS BASED UPON AN ACTUAL SURVEY AND ~~~g~v 1 ; 10 ~AS~~ ~EJ: 1 ~~Af, T~~w~t~ 1tsis3 :No;T~IST~~~i~ ttt~THo:·~-ta~~E~~{~ 10 T~Ei~o~~~:~ 1 ~H~ 4 M~i~T~ENTS WILL BE SET AND THE LOT AND BLOCK CORNERS STAKED ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATIING STANDARDS. PORTION OF: ,.,. .I • ,,, .-. , ,, . RODNEY G·:· HANSEN. P L.S. CERTIFICATE NO. 21464 HANSEN SURVEYING 17 420 116TH AVE . S.E., RENTON, PHONE (425)-235-8440 WA 98058 DATE DEVELOPMENT Pl 4.!\lNIN"' cny OF REN f ON Cl JUN -6 2007 RECEIVED N. 1/2, N.E. 1/4 , SECTION 3, TWP. 23 N., RGE. 5 E., W.M. S. 1/2, S. E. 1/ 4, SECTION 34, TWP . 24 N., RGE. 5 E., W. M. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO . LUA-05-083 HANSEN SURVEYING LAND RECORD NO. LND-___ -____ _ LAND SURVE YORS & CONSULTANTS 17420 116TH AVE. S.E., RENTON, WA 98058 TEL: 425-235 -8440 FAX: 425-235-0266 ,.........,--, ' DRAWN BY: RF CHKD BY: RGH DATE: 03/23/07 JOB NO : 20510 SCALE: N/ A .. SHEET: 1 OF 10 I I .I l I I I I I I I ' i I I l I· I I • I I ·! j I I l I I I I I \ , .. ' ' I ' i . I , I ,, I ' I I ' LUA-05-083 LANGLEY RIDGE AT MAY CREEK VOL/PG LND -___ -___ _ PORTION OF THE N. 1/2, N. E. 1/ 4, SEC. 3, TWP. 34, TWP. 23 N., RGE. 5 E., W. M. 5 E., W.M. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. 24 N., RGE. CITY OF RENTON, KING COUNTY, WASHINGTON I I ACKNOWLEDGMENTS (CONTINUED FROM SHEET 1) STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HINE SATISFACTORY EVIDENCE THAT --------------- SIGNED THIS INSTRUMENT. ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. I STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAYE SATISFACTORY EVIDENCE THAT --------------- SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/~ER FREE ANO VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ---------------- i SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/~ER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. ACKNOWLEDGMENTS (CONTINUED) STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFl' THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ------'------------ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT. AND ACKNOWLEDGED IT AS THE OF ---------------- TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND THE PURPOSES MENTIONED IN SAID INSTRUMENT. () 0 ~ VICINITY MAP ( NOT TO SCALE) N. E. 31ST ST. -;-:...--;.,..,?·--~\·:~~ .. ~1:/:::.-\,.,\c.~ ?::·:;t~~~~ -,~ •• . . ' 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 IS AUTHORIZED TO EXECUTE THIS INSTRUMEN T AND ' ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONE D IN SAID INSTRUMENT. STATE OF WASHINGTON ) )SS COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT --------------- SIGNED THIS INSTRUMENT, ON OtTH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. 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 IS AUTHORIZED TO EXECUTE THIS INSTRUMENT, AND I ACKNOWLEDGED IT TO BE HIS/HE'R FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN SAID INSTRUMENT. LAND SURVEYOR HANSEN SURVEYING 17420 116TH AVE SE RENTON, WASHINGTON 98058 [ ' PHONE: 425-2 .3 5-8440 CONTACT: RODNEY HANSEN, R>LS CIVIL ENGINEER OFFE ENGINEERS 13932 SOUTHEAST 159TH PLACE RENTON, WASHINGTON 98058 PHONE: 425-260-3412 CONTACT: DARRELL OFFE, P.E. ' PREPARED BY: HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E., RENTON, WA 98058 TEL: 425-235-8440 FAX: 425-235-0266 , // SITE i-,.....,....N,...,. E. 26TH ST.1 ./ I---. ILWACO FIELD ----..___ _____ __J_ ___ A_VE.c___N. E. AVE. N.E. N.E. 24TH ST. N. E. 23RD ST. PORTION OF: LYONS AVE. JUN ·· f 200 7 RE CE rlt0::rt t~ ,.~.u N . 1/2, N. E. 1/ 4 , SECTION 3, TWP. 23 N., RGE. 5 E., W. M. S. 1/2, S.E. 1/4. SECTION 34, TWP. 24 N., RGE. 5 E., W.M . DRAWN BY: CHKD BY: CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 LAND RECORD NO. LND-___ ------ RF DATE: 03/23/07 JOB NO.: RGH SCALE: N/A SHEET: 20510 2 OF 10 ! I r I I I -I I LA TEST REVISION: 04/17 /07 ... --------------~---------------------------------------.._ ______ ..._ _______ _._ ___ _. I j I 1· f ' ' ', VOL/PG LUA-05-083 LANGLEY RIDGE AT MAY CREEK LND-,-. ---. ----1/2, 1/4, ' PORTION OF THE N. N. E. SEC. 3, TWP. 23 N., RGE. 5 E., W.M. ' ' i PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON ' EASEMENT PROVISIONS ' NOTES AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, PUGET SOUND ENERGY. QWEST. TOTAL PLAT AREA= 1,481,341 S.F. OR 34.01 ACRES + /-. ' POROPSED NUMBER OF LOTS= 34 ' COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER '' AND UPON THE EXTERIOR TEN FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS IN WHICH ZONING = R1 TO CONSTRUCT, RENEW, OPERATE AND MAINTAIN SIDEWALK AND UNDERGROUND CONDUITS, MAINS, CABLES AND WlRES DENSITY PERMITTED BY CODE = 1.0 UNITS PER ACRE WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER . DENSITY PROPOSED = 1.3 UNITS PER ACRE PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE T.V. SERVICE, SEWER, WATER AND DRAINAGE TOGETHER WITH THE FRONT YARD BUILDING SETBACK -30 FEET RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE SIDE YARD BUILDING SETBACK = 15 FEET TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FlRE OR POLICE SIGNAL OR REAR YARD BUILDING SETBACK = 25 FEET OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT AREA OF LAND IN CRITICAL AREAS = 259,959 S.F. OR 5.98 ACRES + /- ATTACHED TO A BUILDING. AREA OF LAND IN CRITICAL AREA BUFFERS ' = 302,293 S.F. OR 6.94 ACRES + /- AREA OF . LAND IN PUBUCL Y DEDIC A TED STREETS = 60,712 S.F. OR 1.39 Ac. + /- -AREA OF LAND IN PRIVATE ACCESS EASEMENTS = 35,786 S.F. OR 0.82 ACRES + /- NEW PRIVATE EASEMENT FOR INGRESS. EGRESS AND UTII,ITIES MAINTENAN~E AGREEMENT NEW LOT AREAS ' ,, . NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOT GROSS AREA NET AREA LOTS SHOWN ON THIS PLAT. THE OWNERS OF LOTS 14, 15 & 16 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN -1 10.023 S.F. •OR 0.23 Ac. + /-10023 S.F. OR 0.23 Ac. + ' - THE OWNERSHIP AND RESPONSIBILITY FOR . MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES THESE 2 10.001 S.F. OR 0.23 Ac. + /-10.001 S.F. OR 0.23 Ac. + - APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS 3 10.001 S.F. OR 0.23 Ac. + /-10001 S.F. OR 0 .. 23 Ac. + - ROAD, DRAINAGE PIPES, ANO STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. PRIVATE 4 ' 10001 S.F. OR 0.23 Ac.+/ 10.001 '-.F. OR n. 23 Ac. + SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS, 5 10 001 S.F. OR 0.23 Ac. + /-10.001 S.F. OR 0.23 Ac. + - MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED. 6 10.001 S.F. OR 0.23 Ac. + /-10001 S.F. OR 0.23 Ac. + - UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 7 10 001 S.F. OR 0.23 Ac. + '-10.001 S.F. OR 0.23 Ac. + - ' 8 10.001 S.F. OR 0.23 Ac. +. -10 001 S.F. OR 0.23 Ac. + - NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILmES IS TO BE CREATED UPON THE SALE OF 9 10 162 S.F. OR 0.23 Ac. +. -10 162 S.F. OR 0.23 Ac. + - LOTS SHOWN ON THIS PLAT. THE OWNERS OF LOTS 22 & 23 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE 10 10.168 S.F. OR 0.23 Ac. +. -10 168 S.F. OR 0.23 Ac. + - OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE 11 10.107 S.F. OR 0.23 Ac. +. -10.107 S.F. OR 0.23 Ac. + - ' APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS 12 10.279 S.F. OR 0.24 Ac. +, -10.279 S.F. OR 0.24 Ac. + - ROAD, DRAINAGE PIPES, AND STORM WATIER QUAUlY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. PRIVATE 13 10.044 S.F. OR 0.23 Ac, + -10-044 S.F. OR 0.23 Ac. + - SIGNAGE, AND OTHER INFRASTRUCTl.lRE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS, 14 11.614 S.F. OR 0.27 Ac. + -10 001 S.F. OR 0.23 Ac. + - MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, 15 16 559 S.F . OR 0.38 Ac. +. -16559 S.F. OR 0.38 Ac. + - UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 16 20. 775 S.F. OR 0.48 Ac. + 20. 775 S.F. OR 0. 48 Ac. + I -- 17 10.001 S.F. OR 0.23 Ac. + -10001 S.F. OR 0.23 Ac. + - ) 18 10.118 S.F. OR 0.23 Ac. + -10.118 S.F. OR 0.23 Ac. + - NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILmES IS TO BE CREATED UPON THE SAL J OF 19 36.925 S.F. OR 0.85 Ac. + -36,925 S.F. OR 0.85 Ac. + - LOTS SHOWN ON THIS PLAT. THE OWNERS OF LOTS 30, 31, 32, 33 &: 34 SHALL HAVE AN EQUAL AND UNDIVIDE D 20 35. 785 S.F. OR 0.82 Ac. +. -35.785 S.F. OR 0.82 Ac. + -' INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENAN CES. 21 . 12.977 S.F. OR 0.30 Ac. + -11.677 S.F. OR 0.27 Ac. + - THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATF 22 16.972 S.F. OR 0.39 Ac. + -16.872 S.F. OR 0.39 Ac. + - ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN . THIS EASEMENT. 23 , 14.866 S.F. OR 0.34 Ac. + -14.766 S.F. OR 0.34 Ac. + - PRIVATE SIGNAG E, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS, 24 12.871 S.F. OR 0.29 Ac. +. -11.571 S.F. OR 0.26 Ac. + - MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMEN 1 IS PROHIBITED ' 25 17.239 S.F. OR 0.40 Ac. + 17 .239 S.F. OR 0 . 40 Ac. + UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. . ~ -- 26 15.274 S.F . OR 0.35 Ac. + -15.27 4 S.F. OR 0. 35 Ac. + - 27 15.050 S.F. OR 0.35 Ac. + -15.050 S.F. OR 0.35 Ac. + - 28 12.484 S.F. OR 0.29 Ac. + -12.484 S.F. OR 0. 29 Ac. + - 29 10 400 S.F. OR 0.24 Ac. + -10.400 S.F. OR 0.24 Ac. + - RESTRICTION FOR NATIVE GROWTH PROTECTION 30 23.375 S.F. OR 0.54 Ac. + -19 749 S.F. OR 0.45 Ac. + - 31 16.697 S.F. OR 0.38 Ac. + -14 482 S.F. OR 0. 33 Ac. + - AREAS LSENSITIVE AREA TRACTS AND BUFFERS 32 30. 741 S.F. OR 0.71 Ac. + -26.023 S.F. OR 0.60 Ac. + - u 33 119.570 S.F . OR 2.74 Ac. + -108.909 S.F. OR 2.50 Ac. + -' DEDICATION OF A SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER CONVEYS TO THE PUBLIC A BENEFlCIAL fNTERE S i •Ji ' 34 29.843 S.F. OR 0.68 Ac. + -29.843 S.F. OR 0.68 Ac. + - OPEN · PAC~ TRACT "A" 421.451 S.F. OR 9.67 Ac. + -421 451 S.F. OR 9.67 Ac. + IN THE LAND WITHIN THE TRACT/SENSITIVE AREA AND BUFFER. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE °""N "PACE TRACT "i;i" 139.666 S.F. OR 3. 21 Ac. + -139.666 S.F. OR 3.21 Ac. + VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF ' OREN • SPACE ~ACT "C" 154. 775 S.F. OR 3.55 Ac. + 144.622 S.F. OR 3.32 Ac. SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. -+ . "'· ', OliiEN i,,SPI\CE ,I TRACT . "D ~ , • 183.811 S.F.i, OR 1.93 Ac. + ...., 83.811 S.F. OR 1. 93 Ac. '. '-;-·~-.,<... + - -THE ·SENSITIVE ~EA tRAeT,LSE'NSIM.e-~EA /\N[}~B~R'"'IMPOSES.,.tlR0N · AbL -PRESEN'f 'ANB FUTURE OWNERS ,~ANB ,·, . -· >,-~.. ~"".'::Ci •••. :g,RQe:QSE[):,;.RIGHT OF'-WAY ,,-..• -.60.:Z,12 -.S.F.\QR.J .39 Ac.,+ .• , .. ' 60. 712 S.f. OR J .39 Ac. + ' c'\,·~ ' / \ . -' ,, "'<' ,.;:, OCCUPIERS OF THE LAND SUBJECT . TO 'THE TRACT/SENSmVE AREA AND BUFFER THE OBLIGATION, ENFORCEABLE ON ' .. ' ,-., ... -. . .. ' · TOTAL 1,481,341 S.f,. OR 34.01 Ac. +/-1,445,555 S.F. OR 33.19 Ac. + /-'; BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN ' ' ' THE TRACT/SENSITIVE AREA AND BUFFER. THE VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER MAY NOT BE ' CUT, PRUNED, COVERED BY FtLL, REMOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF REN ION DEPARTMENT OF DEVELOPMENT SERVICES OR ITS SUCCESSOR AGENCY. ' THE COMMON BOUNDARY BETWEEN THE TRACT/SENSITIVE AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVIT • MUST BE MARKED . OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF RENTON PRIOR TO ANY CLEARING GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY ON A LOT SUBJECT TO THE SENSITIVE AREA TRA C1 / · SENSITIVE AREA AND BUFFER. THE · REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPM(N1 PROPOSAL ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA ARE COMPLETED. NO BUILDING FOUNDATIONS ARE ALLOWED BEYOND THE REQUIRED 15 FOOT BUILDING SETBACK LINE. ,.· ' DECLARATION QF COVENANTS. CONDITIONS AND RESTRICTIONS ' ' THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IS FILED UNDER A SEPARATE DOCUMENT UNDER RECORDING NUMBER ' , RECORDS OF KING COUNTY, WASHINGTON. DECLARATION OF COVENANT THE OWNERS OF THE LAND EMBRACED WITHIN ·. THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANT AND AGREE TO CONVEY THE BENEFICIAL . INTEREST IN THE NEW ' EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVISIONS THEREOF. THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS PLAT. 1., ,, . ' ' ' ' ' • ' ' 1DEVEtoPM F1,,r o l 4~,, C'TY OF""~' _,. .. , Ji\JING • ,··tt"'' (Ci'J ~• l.i .. ~.ll t, JUN ·· £ 2007 ' .,. ' ; RECEIVED PREPARED BY: PORTION OF: < ; N. 1/2. N,E. 1/4. SECTION 3, TWP. 23 N .• RGE. 5 E .. W.M. 0 ~t. '{ G. /f,4,t ~ ' t""' S. 1/2. S. E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. .......... ~.llS1t1~4 "'ti ,"-. '*'~ A_.~ CITY OF RENTON '1 ' "' 4 ..... LAND SURVEYOR CIVIL ENGINEER .... 0 / • ' --V, '"' LANGLEY RIDGE AT MAY CREEK I ~ ,· ----·· -·~--' 0 ~ ---_..,... ' .,,:;, ~ FILE NO. LUA-05-083 HANSEN SURVEYING OFFE ENGINEERS ~ ,f> .? 21464 'sl ~ 17420 116TH AVE SE 13932 SOUTHEAST 159TH PLACE <JJ, l'c, s Tt,s ~..., HANSEN SURVEYING LAND RECORD NO. LND--' 1Q,,At L~"~ c,'\S -- RENTON, WASHINGTON 98058 RENTON, WASHINGTON 98058 ,' PHONE: 425-23S-8440 PHONE: 425-260-3412 EXPIRES: 1/31/08 t,j ';;.) /)7' LAND SURVEYORS & CONSULTANTS DRAWN BY: RF DATE: 03/23/07 JOB NO.: 20510 CONTACT: RODNEY HANSEN, PLS ·CONTACT: DARRELL OFFE, P.E. 17420 116TH AVE. S.E., RENTON,, WA 98058 LA TEST REVISION: 06/05/07 TEL: 425-235-844() FAX: 425-235-0266 CHKD BY: RGH SCALE: N/A SHEET: 3 OF 10 ' ' ' . ' I '• ' LUA-05-083 LANGLEY RIDGE AT MAY CREEK VOL/PG LND ___ -___ _ 1/2, 1/ 4, I PORTION OF THE N. N. E. S EC. 3, TWP. 23 N., RGE. 5 E., W.M. PORTION OF THE S. 1/2, S.E. 1/4, S EC. 34, I I TWP. 24 N., RGE .. 5 E., W.M. ' CITY OF RENTON, KING .COUNTY,, ,WASHINGTON ' ' ' LEG AL DESCRIPTION PER FIRST AMERICAN TITLE INsu;RANCE COMPANY TITLE REPORT GUARANTEE NO. 4268-587158 DATED FEBRUARY 9, 2007. ' l REAL PROPERTY IN THE . I COUNlY, OF KING, ! STATE OF WASHINGTON, DESCR IBED AS FOLLOWS: ~::C:~;~ 136 FEET OF LOT J OF KING COUNTY SHORT PLAT NO. 677007, AS RECORDED UNDER RECORDING No. 7712090795, RECORDS OF KIN Q COUNTY, WASHINGTON. TOGETHER WITH THE EAST HALF I OF THE EAST HALF OF GOVERNMENT LOT 2 IN SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; ALSO, THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 5 EAST. W.M .• IN KING COUNTY. WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDMSION, 120 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH PERPENDICULAR TO SAID SOUTH LINE 8 FEET; THENCE EAST PARALLEL TO SAID SOUTH LINE 80 FEET; THENCE SOUTH PERPENDICULAR 1 TO SAID SOUTH LINE 8 FEET; THENCE WEST 80 FEET TO THE !POINT OF BEGINNING; I ALSO, THAT PORTION OF THE E/>)sT HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 ~ORTH, ,RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE WEsir LINE OF SAID SUBDMSJON 16 FEET ; THENCE EAST PARALLEL TO THE f SOUTH LINE OF SAID SUBDIVISION 120 FEET; THENCE SOUTH PARALLEL TO TH,E WEST LINE OF SAID SUBDMSION 16 FEET; THENCE WEST 120 FEET TO TH l POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: ' i BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF GOVERNMENT LOT 2 IN SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 f EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG THE EAST LINE THEREOF 20 FEET; THENCE WEST PARALLEL TO THE 1 NORTH LINE THEREOF 130.67 FEET; THENCE NORTH PARALLEL TO THE EAST LINE THEREOF 20 FEET; THENCE EAST 130.67 FEET TO THE POINT OF BEGINNING; I I (ALL KNOWN AS LOT 2 OF REN 1 0N LOT LINE ADJUSTMENT No. · LUA-06-026-LLA UNQER RECORDING No. 20060619900003) PARCEL A-1: AN EASEMENT FOR INGRESS AND EGRESS, 30 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS AT THE INTERSECTION OF THE SOUTH LINE OF THE THOMAS ROWSE ROAD (SOUTHEAST MAY VALLEY ROAD) WITH THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M ., IN KING COUNTY, WASHINGTON AND RUNS SOUTH A DISTANCE OF 950 FEET. PARCEL A-2: A NON~EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER .THE EAST 30 FEET OF THE SOUTH 30 FEET OF THE WEST HALF OF THE EAST HALF OF GOVERNMENT LOT 2 OF SECTION . 3, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M.,. IN KING COUNTY, WASHINGTON . PARCEL 8: ·· ' ' LEGM. DESCRIPTION PARCEL I: . THE EAST 210 FEET OF THE FOLLOWING PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSH IP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNlY, WASHINGTON, LYING SOUTHERLY .OF A LINE RUNNING FROM A POINT 90 FEET NORTH OF THE SOUTHEAST CORNER TO A POINT 200 FEET NOR~ OF THE SOUTHWEST CORNER, . . ' . EXCEPT THE SOUTH 8 FEET OF THE WEST 80 FEET THEREOF. TOGETHER WITH THE NORTH 20 FEET OF THE EAST 130.67 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, ' (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE ADJUSTMENT NO. 8603036, RECORDED DECEMBER 20, 2001, UNDER RECORDING No. 20011220002563, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 1-1: A NON-EXCLUSIVE EASEMENT FOR ROADWAY OVER THE WEST 15 FEET OF THAT PORTION OF SAID EAST HALF OF THE EAST HA LF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING NORTH OF THE ABOVE DESCRIBED TRACT AND SOUTH OF THE THOMAS ROWE COUNTY ROAD (SE COALFIELD WAY) AND ALSO OVER THE EAST 15 FEET OF THAT PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTH OF SAID ROAD. PARCEL J: LOT 2 OF KING COUNTY SHORT PLAT NO. 677007, AS RECORDED UNDER RECORDING No . 7712090795, RECORDS OF KING COUNTY, WASHINGTON. ! EXCEPT THE SOUTH 136 FEET THEREOF. (ALL KNOWN AS LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT No. LUA-06-026-LLA UNDER RECORDING No. 20060619900003) PARCEL J-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 30 FEET OF THE SOUTH 30 FEET OF THE WEST HALF OF THE EAST HALF OF GOVERNMENT LOT 2 OF SECTION 3 , TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. TAX PARCEL NUMBER: 032305-9247 , 9073, 9071, 9248, 9002; 342405-9077, 9063; 032305-9102, 9111; 342405 -i 9076. EASEMENT TABLE EASEMENTS AFFECTING SUBJECT PROPERTY PER FIRST AMER ICAN TITLE INSURANCE COMPANY TITLE REPORT GUARANTEE NO .. 4268-587158 DATED FEBRUARY 9, 2007. ITEM . NO. RECORDING NO. 32,42,58, 75 2620431 33,44,55, 3493297 57,76 35 ' ·~_, - NOTE TELEPHONE AND TELEGRAPH LINE (UNLOCATABLE) WEYERHAUSER TIMBER COMPANY MINERAL RIGHTS PRIVATE ACCESS EASEMENT (SHOWN HEREON) THE WEST H/Q'F 'Ofi GOVERNJ.4El'-l'1' t:0T''•e; IN "sEGT ION 3,° 'TOWNSFi tP 1'z,3 ~ NORTH ; -Rl(NGE 5 E:AST, W. ~.. IN RiN°G' COD NlY, J-·Jo\-.;r:r''..O,,..c.;,,,,, ... ~;-t''\!'.:' ;~:}'~;cs,,~,i l··· ~:,,,4,-o:5.3 ' WASHINGTON. . . ' . , 43, 65 I 8512160616 ,,, 86Di22108:33 . s--'· '· ·i . . . .--·· . , f'.U ;G(l SOUND .ENERGY ELECJRIC EASEMENT (BLANKET) _,,-. . ·.. • .\ ,,_-·: -·· . ~.-. -~---: .. -C•'-<C;r -,-,--:-,.•,.-·.··--.·---. .. -, •.• ·j_;,;;=--· .- EXCEPT THEREFROM THE WEST 247.50 FEET. 45 \ 3471.925 3494207 3857070 5934284 5943064 . INGRESS/EGRESS EASEMENT (SHOWN HEREON) INGRESS/EGRESS EASEMENT (SHOWN HEREON) PUGET SOUND ENERGY EASEMENT (UNLOCATABLE) INGRESS/EGRESS EASEMENT (SHOWN HEREON) DRAINAGE CHANNEL EASEMENT ALSO EXCEPT THEREFROM THE EAST 82.5 FEET THEREOF. PARCEL C: THE SOUTH 30 FEET OF THE EAST HALF AND THE EAST 82.50 FEET OF THE WEST HALF OF ALL GOVERNMENT LOT 2 , IN SECTION 3, TOWNSHIP 23 NORTH,. RANGE 3 . EAST, W.M .. IN KING COUNTY, WASHINGTON . EXCEPT THE EAST QUARTER OF SAID LOT 2 . PARCEL D: THE WEST 247.5 FEET OF GOVERNMENT LOT 2 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL E: THE WEST 116 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSH I P 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON , LYING SOUTH OF CENTER LINE OF COUNlY ROAD AS CONVEYED TO KING COUNTY FOR RAD, BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE No. 2993716, . EXCEPT SAID ROAD. PARCEL F: THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSIP 24 NORTf-1, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF THE COUNTY ROAD, DESCRIBED AS FOLLOWS: ! ! BEGINNING AT A POINT 90 FEET j NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY TO THE WEST: LINE OF SAID SUBDIVISION TO A POINT 200 FEET NORTHERLY FROM THE SOUTH LINE THEREOF; . ! THENCE NORTHERLY ALONG SAID I WESTERLY BOUNDARY TO THE SOUTH LINE OF COUNTY ROAD; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID COUNlY ROAD TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING; EXCEPT ROADS . PARCEL H: i I ·. THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 356 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED. THENCE 3AST 340 FEET, THENCE SOUTH 208 FEET, THENCE WEST 340 FEET, THENCE NORTH 208 FEET (TO THE TRUE POINT OF BEGINNING. PARCEL H-1: I ! A NON-EXCLUSIVE EASEMENT FQR INGRESS AND EGRESS 9006111702, RECORDS OF KING ! COUNTY. WASHINGTON. CREATED BY INSTRUMENT RECORDED UNDER RECORDING No. LAND SURVEYOR CIVIL ENGINEER HANSEN SURV EYING OFFE ENGINEERS PREPARED BY: 46 47 48 49 61 62 66 69 70 71 73 5984404 5940680 5984405 3857069 9006111702 20020618900002 20030417000727 20060713000887 "NfY REASONABLE ACCESS NECESSARY" PUGET SOUND ENERGY EASEMENT (BLANKET) STREAM MAINTENANCE EASEMENT (NOT PLOTTED) I ' ' E;LECTRIC LINE EASEMENT (UNLOCATABLE) PUGET SOUND ENERGY EASEMENT (BLANKET) ACCESS & UTILITY EASEMENT (SHOWN HEREON) ACCESS & UTILITY EASEMENT (SHOWN HEREON) PUGET SOUND ENERGY EASEMENT (BLANKET) PUGET SOUND ENERGY EASEMENT (UNLOCATABLE) PROPERTY OWNERS PARCEU! "'A, A-1 &: A-2" APN #()323059073 P ARCEIB "B, C, D, E &: F" C. THOMAS FOSTER AND MARYL C. 2906 ILWACO AVE NE RENTON, WA 98056 APN #()323059071 LANGLEY DEVELOPMENT GROUP I APN #()323059248 6450 SOUTHCENTER BL VD. APN #()323059002 SUITE 106 APN #3424059077 SEATTI.E. WA 98188 APN #3424059063 FOSTER PARCEL •H & H-1" APN #()323059111 ROBERT A. HOLMES AND TAMARA J. HOLMES 5416 NE 26th ST RENTON, WA 98056 PARCEL •1 & I-1•• APN #3424059076 EINER J. HANDELAND AND MARILYN J. HANDELAND 3018 ILWACO AVE NE PARCEL •J &: J-1• APN #3424059077 RENTON. WA 98056 DEVE o ROBERT E. BLA YDEN AND SHIRLEY L. SLAYDEN C nf PJ ENr P! ~/v ·,j 2533 ILWACO AVE NE F AE,'lf'fo,,'J~ING RENTON, WA 98056 ' '------------~------~__,.J....,'IN ... 6 2001 RECEIVED PORTION OF: N .. 1/2, N.E. 1/4, SECTION 3, TWP . 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., .RGE. 5 E., W.M. CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 17420 116TH AVE SE 13932 SOUTHEAST 159TH PLACE RENTON, WASHINGTON 98058 PHONE; 425-260-3412 CONTACT: DARRELL OFFE, P.E. HANS E N SURVEYING LAND RECORD NO. LND--- RENTON, WAS HINGTON 98058 PHONE : 425-235-8440 CONTACT: RODNEY HANSEN, PLS J LATEST REVISION: 06/05/07 LAND SURVEYORS & CONSULTANTS DRAWN BY: 17420 116TH AVE. S.E., RENTON, YA 98058 TEL 425-235-8440 FAX: 425-235-0266 CHKD BY: • RF DATE: 03/23/07 JOB NO.: 20510 RGH SCALE : N/A SHEET: 4 OF 10 c -- LUA-05-083 LND-___ -___ _ i ' ' ' ' LANGLEY RIDGE AT MAY CREEK I VOL/PG PORTION OF THE N. ! 1/2, N. E. 1/ 4, SEC. 3, TWJD. 23 N., RG E. 5 E., W. M. 5 E., W. M. I J I I I PORTION OF THE S. 1/2, S.,E. 1/ 4, SEC. 34, Twp. 24 N., RGE. TWP. 24 N. TWP. 23 N. - ---.1~ . I ...__,JI w bl !"' ..,. C"II • ... 0 z I I N -... • ... $ 76"17'34· ~ (ROS 103/86) 474. 17' FOUND KING COUNTY CONCRETE MON , 2.42' NORTH 1.14' EAST 578.89' FOUND 1" IRON BAR l CALCULATED CENTER OF SECTION \ I I ""'"----------- 0'1 200' 400' ¥--~ i 1" I I~~ 200' BASIS Of BEARINGS IS NAO 1983/91 ! ! LEGEND ' + !-SECTION CORNER I I ]-QUARTER CORNER -' I= FOUND MON. IN CASE EB ]= SET MON. IN CASE 0 : FND. PROP. COR. AS NOTED e : SET 1/2" I.R. W/CAP #21464 COR ; CITY Of RENTON MEAS ~ MEASURED ' " CITY OF RENTON, KING COUNTY, WASHINGTON -- R=6438.00' l:i.=05"53'12· L=661.45' -----N. E. 31ST ST:. --8{-~~- 1 ----..,,._ __ -:-s ezLo.,15 g _ 97B 68 -· -_ Ros 7Q.J 86 ------... CITY OF RENTON SURVEY CONTROL NElWORK POINT #2097 BL1 N. LINE OF THE ·N.W. 1/4, N.E. 1/4, SEC. 3-23-05 N: 191,106.7115 FEET (COR) E: 1,316,747.0720 FEET (COR) BL2 N 88"37'27• W 2,645.54' ---- . -..,. . IO I') ..,. 31: I co I') -:.,. N • -0 (I) 413.19' ---JJ0.69' w I ! BL8 ' -- 1 8 IO I'), 11)1 -S 88"01'51• E 413.19' 1 -- N 88"01 '51 • W 1,322.66' N.E. 24TH ST. CURVE BC1 ... II) ..,. N • -o , ' V>f < ·i CURVE TABLE RADIUS DELTA ANGLE 6,468.00' 01·04'41" ----------------N 87"26'28• W 2 · ,645.35' - PREPARED BY: HANSEN SURVEYING I LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E., RENTON, WA 96058 LA TEST REVISION: TEL: 425-235-8440 FAX: 425-'235-0266 ' FOUND MON. IN CASE ,,. /; I 1,206.77' / CITY OF RENTON FOUND CON C. MON. IN CA SE SURVEY CONTROL NElWORK -----POINT # 199 5 ~ N: 188,688.8735 FEET (COR) E 1,313,499.2840 FEET (COR) ----- N.E. 26TH ST. (~ ARC LENGTH 121.71' LINE BL1 BL2 BL3 BL4 BL5 BL6 BL7 BL8 BL9 BL10 BL11 - IJNE TABLE BEARING DISTANCE N 01°18'26" E 16.00' S 88.37'27" E 120.02· N 01'16'22" E 144.10' N 70"13'45" W 126.44' N 01'18'26" E 121.29' S 82·10'45• E 327.85' s 01·1s·22· w 269.69' N 88'37'27" W 116.00' s 88.37'27" E 339.29' S 01·24'51" W 208.71' N 88'37'27" W 339.29' FOUND STONE MON. WITH "X" 3 --- PORTION OF: N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E .. W.M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E., W.M. I I I . ~ <O ~ . N I w I~ 2 II) N • -0 z c1TY oF RENTON cnYoFRENio~J I G LANGLEY RIDGE AT MAY CREEK JUN_ 6 20 FILE NO. LUA-05-083 07 LAND RECORD NO. LND----REC DRAWN BY: RF DATE: 03/23/07 JOB NO.: 20510 CHKD BY: RGH SCALE: 1" = 200' SHEET: 5 OF 10 I ' ' j' I I I I I I ' I ' I I < -------------·--··------·------. ---------··-, I --,, • LUA-05-083 LND-___ -___ _ ( 8 8 . in .... . N w • 0 ~ .... N • ,- 0 z FOUND MON. I IN CASE \ FOUND MON . IN CASE \ I I I I LANGLEY RIDGE AT MAY CREEK PORTION OF THE N . 1/2, N . E. 1/ 4, SEC . 3, I TWP. 23 N., RGE . 24 N., RGE. 5 E., W. M. 5 E.,. W. M. VOL/PG \ 1/2, S . E. 1/ 4, SE C. 34, TWP : CITY OF RENTON, KING COUNTY, WASHINGTON PORTION OF THE S. ! , w OPEN SPACE TRACT "A" 421,451 s.r. + /- (SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) ' S , 88'01'51" E 99.84' L&J • . 0 -N 0 • LOT 22 0 LOT 23 N 16,972 S .F . +!-,-. • 14,866 S ,F . +/---(16 ,872 S.F. +/-) 0 (14,766 S .F. +/-) z I 1 I I L&J • co "1 ..,. N • ... 0 z I \ I ---I I I I . -0 ~ - w . • ... co 0 "1 0 • ,-. N .... -0 z I I -- L&J 10 '~ _ 10 ' I S 88"01'51• E 146.J6'. LOT 20 35,785 S.F. +/- S 88'01'51" E 104.97' S 88'01 '51" E 413 .19' OPEN SPACE TRACT "B" 139.666 S. F . + / - (SEE N.G.P A. RESTRICTION ON SHEET 3 OF \O} ·~01;/~--;..._s~gg~-~oo~·,.~rF--1' ""-:/t_ ~;:--±··~9~9~.8~3~' -=---d~ ' LOT 26 ~ 17.~~-,2~/-~ \ s 88'01'5 1· E I s 88°01'51· E --, . -s o ... I ~~ o4 I 20· PR IVATE ' o ', £.. • w i,, o , 15,274 S.F. • o!"i ~ +/-!'I o -+ ·er ~ z 15' PR IVA TE l ,1 s· ,s·t"-~RIVE WA Y . g "'~· :... UTILITY I I tc ASE MEN T ... ~"ss"" .. :\ · o LO l'i ..,. LOT 27 ·..,. • ON T28 ,-.f" /N ~ LOT 29 1 ~ ~-12,484 S.F. +I-,-o t 5 •050 S.F . + -t o EA SE MENT w I , ' ~ z -;_ Ii. bil 1p u~~:i¢TE • :-i \ \ ~ LOT 24 I IC! ~I I EA SE MEN T O ~ LOT 19 5· \ \ ~ 12,871 s .r. +/-, ,g f"I I \LOT 21 0 ;,. 36,925 S .F. +/-/ o 10,400 S.F. +/-.-,.... z N O Z <11 ·571 s.r. +l->1 , ... 0 11 12,9i7 7 s.r. +/~ ~ t ,s ·u ~1~:i¢ 1 E__/ \\ J'v I ! z 1 1 (11.6 !7 s.r. +/-) . ~ E ASEMENT q,.""'~. ... R-46.00' 6==90"33' 49• Ls72.71' 80.01' z I I .J I , '<S> '-!. ·-. • • 70.<l<l . -~ I"'"'""< '"".;:01' --·,+i!!'( Jli.~--.. -..,-· .... ·-1 :---· . . . . .... -~-. . -----"\ :.\ 80.00' •• 0 70.00'-, --t\l~-'i;-N.E. 26TH sT.. s ae-01·51• < 1.153.62· 295.25' , -' .,.,,. raj I N ----____ S::.. 88"01 '51 • E ·-. . \J;-;;:~T~-iiii ... --r--oo. ... --1--oo. ... .--1--ao:...--1..'!"c!!!~~~888~.~S~6'r---ec~~=~c..~==~:~~1;, 1:2_1.:o:2·1 =====~~:;:_::::~~t\lt~~~==~~jN~== -;_ z ~ --56.69' --80.66' 80.65' 80.65 ' 80.65' s 88"01'51• E IM3.01' L --. 'r; . ~ ~· ~ ~~~... 80.65' ' 80.65' 80.65' N N -co , , B1.95" 82.00' -< , , L•39.52' -57 .61' -· 2.60 w • 0 • w w I 3 •w 21 .00' w w w • l.OT1 ... N LOT2 • 0 • • L&J w Q O • 0 • C N LOT 3 '" ~ LOT 4 . 0 • • w w i-l t . j'l a 10,023 s.r. +/-.; ~ 10.001 s.r . +/-.; ~ 10.001 sr. +/-o ,-10001 sr +/-q !" LOT 5 i, ~ LOT 6 : '-~ LOT 7 '-\, • • . • w e!,.. :il ~ ~ ~ 0 ~ '" ; t . . . ;I ii 10,001 ,,. +/-.. ;110.001 s.r. +/-~,. 10001 S.F . +/-0 ~ L()T B / 0 J;3 LOT 9 -;_ ~ LOT 10 -;_ b . LOT ... 01m -Q O o --~ '-N !" ' ~ N 10,001 S.~ + -,; ~ 10162 SF. +/-0,. / 0 ~ 11 m o z z z o o • -C ~ ~ N !" ' ;I !" 1~168 SF. + -.; ;I 10)07 SF + /- z Z Z z O -c --N• z z O ... 0 z z z I I 32 .60'' -- \ 81.93' f OUND MON . IN CASE 'N 01 '24'20" E 0. 7 0' ! 35 8 ' ~ 80.66' 34 8 -.....----1,- 80.65' 80.65' 33 32 8 8 1 l'-FOU ND MON . t\l I ~'-----------~------....;....-~\N~C~ASE FOUND MON . / IN c1sE o' 60' 120' --l""I ---~liiiiiiiiiiiii- 1" 60' BASIS !Of BEARINGS IS NAD 1983/91 LEGEND + =1 SECTION CORNER 1 = QUARTER CORNER 0 =I FOUND MON. IN CASE $ =1 SET MON. IN CASE O = 1 FND . PROP. COR . AS NOTED e =\SET 1 /2" LR . W /CAP 121464 LATEST REVISION: 06/05/07 80.65' 80.65' 80.65' 80.65' 81.95' 8 oo· 82.57' 31 e 27' 27' ~ PREPARED BY: HANSEN SURVEYING LAND SURVEYORS . & CONSULTANTS 17420 116TH AVE . S.E., RENTON, WA 98058 TEL: 425-235-8440 FAX: 425-235-0266 - N 88"01'51" W 1,322.66' \ t-ENCE 0.2' N 4 ' CHAIN LIN K FENCE 28 27 WT A 8 8 8 FEN CE 0 .5' N WT B 8 DE VELOPMENT Cl1Y OF R,-EL'\!\\_' __ i\JING u::nTON JUN -6 2007 RECEIVED NOTE AREA IN PARENTHESI S ( ) IS NET AR EA PORTION OF: N. 1/2. N.E. 1/4, SECTION 3, TWP . 23 N., RGE. 5 E., W.M. S. 1/2, S.E. 1/4, SECTION 34 , TWP . 24 N., RGE. 5 E., W.M . CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 LAND RECORD NO. LND- DRAWN BY: RF DATE: 03/23/07 JOB NO .: CHKD BY: RGH SCALE: 1'' = 60' SHEET: 20510 6 OF 10 I \ ' \ \ ' \ I \ I I I I \ I I . - LUA-05-083 LND-___ -___ _ . S 88"01'51• E 413.19' OPEN SP.ACE TRACT "B" 139,666 S.F. + /- (SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) I I i ' ' ! I l 1,). I I LANG LEY RIDGE AT MAY CREEK ' VOL/PG PORTION OF THE N. 1/2, N. E. 1/4, SEC. 3, TWP.i 23 N., RGE. 24 N., RGE. 5 E., 5 E., W.M. PORTION OF THE S. 1/2, S.E. 1/4, SEC. 34, TWP. W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I I I I I I I I I I I I I I I 15' I I L . I I I I I I I I ~I :8 I ""' / .30' INGRESS/EGRESS ESM'T_ ... J.-.,.,.-,,.--REC # 3 4 9 4 2 0 7 1 s· I I wl ~J 'Ir . ;- N • - OPEN SPACE TRACT "C" 154,775 S.F. +/- (144,622 S.F. + /-) (SEE N.G.P.A. RESTRICTION ON SHEET 3 OF 10) . 0 ~z . 'Ir ... If) • .':J st ~ • ... 0 z I I I I I I _ ,~ ,~ IN I I / F OUND IRC #18079 0.70' NORTH 0.21' EAST I I ,,-i-:----.---1111i;2;j.ooxr· ---~Sr88"~37!_'~~~:~~ooiE~. '----,--13~3~9~.2~9~' --;-:;:;-:::-:----=-d.,._ _____ _ -147.29' I_ 26' I I I I I I 3: . • ·~ ~ '..t ,-.. N ID . 0 0 "41 . 26' PRIVATE ACCESS & UTILITY EASEMENT WITH FIRE TURNAROUNDS LOT 30 23,375 S.F. + /- (19,749 S.F. +/-) 26' PUBLIC .... • -. !'> ,::. • • !'I ig -.... 0 z LOT 31 16,697 s.r. +/- (14.482 S.F. + /-) .... • -. "' -:.. ,... ~ . t ~ 0 z LOT 32 30,741 s.,. + /- (26,023 S. F. + /-) I I • ,... ,-.. . Ill 0 N 0 UTI UTY E 1 1---------.... E 1 2 EASEMENT r----E1.3 E17 E18/E19 Vl \0 T --t ~13 112.00· ~ --,.,:::-_ --__ f14 --/<, 0 .,,\" --El 5 ------E16 --.:::"t--c., ~ '--' -o I ~ N N W / 147.29' I 80.00' FOUND IRC # 18079 I /, \ ' 047' NORTH --i . ' \FENCE 2 .6' S N 88"37'27• W 339.29' ?S-X--,--- 4' HOGWlRE_/ FENC E 0.06' WEST I I a, \ S' I I I I I I 26' PRIVATE ACCESS & UTILITY EASEM ENT EASEMENT WITH rlRE TURNAROUNDS FOUND IRC #18079 0.22' NORTH 0 .18' EAST '~ f.:,, ~' sf~:\ S· f' \ I -- 81.59' 'S 88"01'51• E 81.30' I I 330.68' I 167.79' ' \ \ i 5' , \ w I 15' PRIVATE_/\ \I' o b · ,"" LOT 16 I UTILITY \ ~ q LOT 18 f;. C! LOT 17 Fl 8 / I EASEMENT ,,. -"o -~ 10,118 S.F. + /-r" ;:!j 10,001 S.F. +/-8 ..;. 20,775 S.F. + -) ~ ~. ---,... f..1 N 25' PUBLIC '<5' ~ o o ,... UTILITY ~ / i.J,. • ~ 26' I . 8 ci <O , ~ Z FIRE TURNAROUND Z EASEMENT 7s \ \ EASEMENT • • ~ • / 26' PUBLIC UTILITY EASEMENT _.:2, i -\ -_ -J -E3 23 UT~Ly~~IC --•<Y• / -3: _- ----'"· '---~=-,-~ -.v---~,-.. ~ -,,.---~ce;;.,-;:, -;,-;,._ 4,3 :l 3 "· t,_ Cc'c:-~-'Tc--.--"' ._ ,;;_,, '-S-..'CA ,L ,.,,-cs,c,-,,8 __ ··1-··-.",ro-""•'' ----,-. -----------------' -C ,,,_12 I ---~"'"'-E·A'S"'·-·-1',,,-",-_ "*.?~-.a!l,;J. " :,-/-<'~---r ,.,.,,-~, -';;;"'''-~,-. --·---·--"'----~-,-_ .. --_ -7 -f -r.,CA;J. -O ·-I C"..MLl"''l " tk \ {9:)•/ : , _ V -. -,,...,,. . . · ··-=-_ __ ·-~='.:""·1\ll"r,i":·---~<'·l&","i:;,,f;;:,;,'"?"'f;,;.,:c,,•>"'r-" •. i', ic:'.::o.;, -·-·· -•">:·- -80.00' u E 1 \~ ,'ll n,:¥ . ___ ru__ C. N N. E. 26TH ST. ~ FIRE TURNAROUND --' ~·' "~ ~ -L ---.:....-,v EASEMENT "" . / ~ .,,..... , _.. --------..........._ N ,:.,.. \/. 0 ru ,C\I / r_; -;,..., 186.01' -"(',I, F4 / -Vl ! --I .,... Cll ..,-I -L2 , / \ --57.81' --:... z· --S 88"01' 1• E 139.76' __ 'g ~ L3-I 0 .._ 58.76' --7 5 · RL25.00, ~ 81.00· , -----1 ---. 6 ,l,.89'26'11" I rzl ~:2 90 5·"3300:~9 • 30' PUBLIC 1 20~RIVA TE _:1-J~l S' PRIVATE 82.00' w L.b 39.02' f : ~ \ t:39.52,... UTILITY E; DRIVEWAY 7.5' w I E1;~~~T . b , ! ...:I w EASEMENT 1 EASEMENT • I o .!" LOT 10 :... ~ LOT 11 b ~ o . ... ~ .., LOT 15 16 ,559 S.F. + /--~ ~ 10,168 s.r. +/-~ ~ 10,107 S.F. +/-. f;. O LOT 12 f;. 0 LOT 13 :... w ;,. -~ . -0 g N ... o ~ ~ . ~ r" CJ °:e 10,279 S.F. +/-r, ~ 10,044 S.F. +/-~ b LOT 14 ~-: 0 0) 0 < . --"' N 11,614 S.F +/-0 ... a, zl ~ ~ 0 ... ~ (10.001 s.r. +/-) z I z ;; I I z z 30' INGRESS/EGRESS ESM'T (REC #3494207) (TO BE RELINQUISHED (VACATED) UPON RECORDING or tlNAL PLAT BY CITY OF RENTON) 4' CHAIN )• LINK FENC E LDT A -- e oo· !82.57' i ! PR!VA TG ACC ESS fAS f'MFNT REC #8 5 12160616 ' FENCE_ I I 0 .5' N ! LOT B I 8 I I I 21' J 21· I 27· ----- 64.01' FE NC E' 0.9' N 23 8 -0 ...., 81.00' 4 ' CHAIN LINK . FENCE 22 ' 8 -----z --T 1------- I I I I I FFNCF 0.2 ' S 80.65' ~~~ 21 ~ '\ -qlC~ "'-<f.; 8 I I o I rr, I 88.39' I / FOUND IRC #'26257 0.08' NORTH t,,..C<i, 0.2 6 ' EAST 20 8 8 LOT B FOU ~D MON.~ -£-----~ -___ 7 ___ '"'""'." _____ 1Ntl ::_C __ AS::_:E:__..,.._ __________ ~fu~__;----~F~O~U~N:D MON._/ IN CASE I ! I. i oi' I 60' 120' --------- PREPARED BY: 1 FENCE , ~o.s· s __,.,. 0 7' E , 6' WOOD FENCE g 10 1 8 PORTION OF: CURVE C1 C2 C3 C4 C7 ca C9 C10 C11 C12 C13 8 LlNE TABLE LINE BEARING DISTANCE ·- L1 N 01·24'20• E 22.00' L2 s 88'01 '51" E 80.00' L3 N 4742'03" E 0.90' EASEMENT LINE TABLE LINE BEARING DISTANCE E1 S 88'01 '51" E 23 .77' E2 S 88'01 '51" E 20.00' E3 S 01°24'20" W O.J4' E4 N 88°01 '51" W 34 .66' E10 S 88"37'27" E 67.02' E11 N 01'22'33• E 4.00' E12 S 88"37'27" E 20 .00' E13 S 01"24'51" W 3.98' E14 S 88'37'27" E 132.27' E15 S 88"37'27" E 54.98' E16 S 88'37'27" E 77.29' E17 N 01'22'33" E 4.00' - E18 S 88'37'27" E 20.00' E19 S 01·22•33• W 4.00' E20 S 01·24'51 • W 34.84' E21 N 01"24'51" E 26.00' E22 N 01·24•51• E 69 .75' EASEMENT CURVE TABLE RADIUS DELTA ANGLE ARC LENGTH 25 .00' 31'19'56" 13.67' 35 .00' 89'26' 11" 54.63' 47.00' 136" 42'59" 112.15' 20.00· 46'40'41" 16.29' 46.00' 46"41 '22· 37.48' 21.00' 136"45'50" 50.13' 25.00' 90"00'00" 39.27' 25.00' 90-02· 1 a· 39.29' 25.00' 90"00'00" 39.27' 25.00' 6734'53" 29,49' 25.00' 2718'33" 11.92' NOTE AREA IN PARENTHESIS ( ) IS NET AREA ~ N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. t"." 1" 60' i BASIS OF BEARINGS IS NAD 1983/91 ' LEGEND +1 -SECTION CORNER I I = QUARTER CORNER 0 ] = FOUND MON. IN CASE 6,f = SET ~ON. IN CASE o j = FND. PROP . COR. AS NOTED , • 1 = SET 1 /2" I.R. W /CAP #21464 ! . i ' , J "' I / // /,t.. 'I EXPI~ 1 /31 /oe ,, : -~, ,> ,- LA TE!';T REVISION: 06/05/07 HANSEN SURVEYING LAND SURVEYORS & CONSUl!.TANTS ' -17420 116TH AVE. S.E., RENTON, WA 98058 TEL: 425-235-8440 FAX: 425-235-0266 ' -l S. 1/2, S.E. 1/4. SECTION 34, TWP. 24 N., RGE. 5 E., W.M. '--- t----------:::-:::':':'~~~=7:"'"---_,,'l!tn:~d 'lj CITY OF RENTON cir: 5~"![ ,L;"iN_t~ING(;} nb 'I ON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 LAND RECORD NO. LND- DRAWN BY: RF DATE: 03/23/07 JOB NO.: 20510 CHKD BY: RGH SCALE: f' = 60' SHEET: 7 OF 10 i . I . I ' ,, VOL/PG LUA-' 05-083 LANG LEY RIDGE AT MAY CREEK LND-___ -___ _ ' 1/2, N. E. 1/ 4, SEC. 3, TWP.: 23 N., RGE. 24 N., RGE. 5 E., W. M. 5 E., W. M. I I 1-lD ,~ m I :::l I I I I I ~I t-il N lD I , , I I I -- I 11 I WI ' I ~ _lD I '1- :-i I . ~ 01 ,., IO zl OI U) -I I 1. I JS ,~ N I I I I I I I I I I 26' ~ . .... OI -- 26' ' 0 0 0 ID I I I I • ) . .- 0 ~ N a , I 1"1 ' I/ : I PORTION OF THE N. PORTION OF THE S. 1/2, S.E. 1/4, SEC. 34, TWP. CITY OF RENTON, KING COUNTY, WASHINGTON 8 FOUND IRC # 1 $079 r O 70' NORTf/l I / 0,21' EAST ! /, S 88"37'27• E 339.29' 112.00' LOT 30 1 23,375 S.F. +/-, (19,749 S.F. +/-,) ... • -. II) -. " ~8 -N 0 z 80.00' LOT 31 16,697 S.F. +/- (14,462 S.F. +/-) w I -. II) -. " .... . f" ~ -N 0 z 147.29' ' LOT 32 30,741 S.F. + /- (26,023 S.F. +/-) 26' PRIVATE ACCESS & UTILITY EASEMENT EASEMENT WITH FIRE TURNAROUNDS 26' PUBLIC UTILITY EASEMENT , I i i • I 30' INGRESS/E~RESS ESM 0 T. (REC #3494207) (TO BE REUNQUISt1ED (VACA TED) UPON RECORDING OF FINAL !?LAT BY CITY OF RENTON) FENCE 0.8' S 07' E 6' WOOD FENCE ! 9 ; I G le,~~ 0 $cto1 I I I ' o'i , I 60' ----120' ----- i 1" 60' , I ! BASIS OF BEARINGS IS NAD 1983/91 ' i ! '! LEGEND , ... = SECTION CORNER I = QUARTER CORNER 0 = FOUND I.ION. IN CASE $ f = SET I.ION. IN CASE 0 !.= FND. PROP. COR. AS NOTED ' • [ = SET 1 /2" I.R. W /CAP #21464 EXPIRES: 1/31/06 \ I . .... ,..... . Cl() 0 N I 8 TRACT B 8 8 .-:---· -~,ci~~;'-c_;'.C'".,_;;:?":'·. · -·11iaii;>• -~<~,:ill-:CP;;;.i,-,-~',,. .. ,_,);;-~-.,,_;,:~..c~+,:;,,.~ "°'''·<>q c~>-,,J";•,-~~,,,,-,,'Y• ''·l"--~· , ,,,,,..-,,-•~-,e -.,-•h'•-,,.,,.,\ , c•-• ._ • < ".;c.. - ' ' " " ·" "Y"" 5 8 4 8 3 8 N. E. 26TH ST. -.t-__ _. ___ -£ C\l - FOUND IRC #180/9 0.22' NORTH 0.18' EAST EXISTING 20' ACCESS ~~,~ "-'°' & UTILITY EASEMENT "-'°' REC #20020618900002 , , FOUND MON, IN CASE (REC, #9006111702) , , "- PREPARED BY: FOUND MON, IN CASE 8 TRACT C 0-J I HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS ' 17420 116TH AVE. S.E., RENTON, WA 98058 , ' / EASEMENT lJNE TABLE LINE BEARING DISTANCE I E10 S 88'37'27" E 67.02' E11 N 01·22'33• E 4.00' E12 S 88'37'27" E 20,00' E13 S 01·24'51• W 3.98' E14 S 88'37'27" E 132,27' E15 s 5a·31'21· E 54.98' E16 S 88°37'27" ,E 77.29' E17 N 01·22'33• E 4,00' E18 S 88°37'27" E 20.00' El9 S 01·22•33• W 4.00' E20 S 01·24'51· W 34,84' E21 N 01·24'51" E 26.00' E22 N 01'24'51" E 69.75' EASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH C3 47.00' 135·42'59• 112.15' C4 20.00· 46'40'41" 16.29' C7 46.00' , 45·41 '22· 37.48 CB 21.00' 136"45'50· 50.13' C9 25.00' 90·00·00· 39.27' ClO 25.00' 90·02· 1 a· 39,29' C 1 1 25,00' 90·00·00· 39.27' C12 25.00' 6T34'53" 29.49' C13 25.00' 2718'33" 11.92' NOTE AREA IN PARENTHESIS ( ) IS NET AREA PORTION OF: N. 1/2, N. E. 1/ 4, SECTION 3, TWP. 23 N.. RGE. 5 E., W. M. S. 1 /2, S. E. 1/ 4, SECTION 34, TWP. 24 N., RGE. il.tVi.opJ~ . CITY OF RENTON LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 LAND RECORD NO. LND- DRAWN BY: RF DATE: 03/23/07 JOB NO.: JUN -6 20 RECEIVE'- 20510 LATEST RE\IISION: 06/05/07 TEL: 425-235-8440 FAX: 425-235-0266 CHKD BY: RGH SCALE: 1" = 60' SHEET: 8 OF 10 I • I j < 0 r-' I I l I I I I I I I I I ,~ I o I I LUA-05-083 LND-___ -___ _ -TWP. 24 N. TWP. 23 N. 8 w • 0 N • ~ • .... 0 z i i -I I l I I I ! I LANG LEY RIDGE AT MAY CREEK PORTION OF , THE N. 1/2, N.E. 1/4, SEC. 3, TWP.I 23 N., RGE. 5 E., W.M. PORTION OF THE S. 1/2, S. E. 1/ 4, SEC. 34, TWP 1 24 N., RGE. _ 5 E., W. M. ' CITY OF RENTON, KING COUNTY, WASHINGTON 8 S B8"37'27• E 578.89' FOUND 1" IRON BAR ! - 1 OPEN SPACE -- f \ I . .... .... . ~ VOL/PG 8 LDT 1 LDT 1 8 ' I I I I I I I I • I I I -I -· I '. ·j . I -c---,-----·-o-·""'-'=>-,-----,._,.--: ,--·---·-c-"=-c.c< .. ~-'----... :r:RAGT-~-A ~ ----.. ---~;/;;? :(;\·""':::;<':,~fa-'-c.,.;_-. ·-""=;;;,--'"· ,(':;.,-~..--~-,;;-~-.. ~r""""'""---,~-..c~"-~C:~;~~,~--. .,,, . .,,c.,,o.=.~·-.,c -;,;·:~"',--~wt-1<-.--"""""'~"'''''·-"···'="M'-''··--,·-·~··~,-~---···· -~--.--••cec-..... -,-.---------421, 451 S.F. + /-\., · 1 ' • ----· • -----7 /c,-,~,,,,,-"">"-F"f'CFc-,.,•l-"',,~-'F•---- ' ID . (SEE N.G.P.A RESTRICTION !"> ON SHEET 3 OF 10) ~ . .... C'I . ~ . ~ -... .., 0 ID N IDT 23 14.866 S.F. +/- (14,766 S. F. +/-) I I ,_ w • . 0 .... C'I 0 ;,. R ~ .... ... 0 z S B8"01'51-E 99.84' LOT 22 16,972 S.F. +/- (16,672 S. F. +/-) • -0 z I I I I l . ... q .... ... C'I LL.I • ID ,.,, ;,. c-. • .... 0 z J \ I -~, ,- I I • -0 ~ ... LL.I • ... (J) 0 I"> . . 0 .... I' N .... -0 z I I - S 88"01 '51-E 146.36' -- LOT 20 35,7B5 s.r. +/- S B8"01 '51 • E S B8"01'51• E 413.19' OPEN SPACE TRACT •B• 139,666 s. r. + /- (SEE N.G.P.A RESTRICTION ON SHEET 3 OF 10) -' 1 I ~,0 ,• E _, J ~111 S' I 52,.'Z " .... ~ 0 C'I ~ N .\ I ~ I lQ'~ ~10' LOT 25 -;:r'-:::.::-~s"E~9~9:f..oo~·~~Tt \r:t_~.1.1t'-Y9-T";;-;J9~9~.ag.3·~----::4\ 104.97" l WT 29 LOT 28 10,400 S.F. +/-12,484 S.F. +/- -I ' I I or 60' 120' --------- 1" 60' i BA$1S Of BEARINGS iS NAO 198.3/91 j i LEGEND -.1 -SECTION CORNER l I = QUARTER CORNER QI>] = FOUND MON. IN CASE EBI = SET MON. IN CASE ' Of = FND. PROP. CQR. AS NOTED • i = SET 1 /2• I.R. _ W /CAP #21464 I --- I --1 I IDT 27 15,050 S.F. + /- IDT 26 16,274 S.F. +/- 17,239 S.F. +/-!'I S B8"o 1 •51 • E I S B8"01 '51 • E -,, o 111/J al I 20· PRIVATE ' IDT 19 36,925 S.F. +/- EXPIRES: 1/31/08 ' 5 br. LA TEST RE'v'ISION: 06 /05 /07 z 15' PRIVATE 11 1 5 , ;t,t---DRIVEWAY UTILITY , 1 EASEMENT EASEMENT 15' PRIVATE UTILITY EASEMENT I NOTE I I I AREA IN PARENTHESIS ( ) IS NET AREA I PREPARED BY: PORTION OF: I-~ I HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E., RENTON,! WA 98068 TEL: 425-235-8440 FAX: 426---235-0266 N. 1/2, N.E. 1/4, SECTION 3, TWP. 23 N., RGE. 5 E., W.M. t""' , S. 1/2, S. E. 1/ 4, SECTION 34, 'l'WP. 24 N., RGE. 11;~~1::i '.. t---------~~~~~~~~~----~'i-n~~I /\ii'JING -"ti CITY OF RENTON --m N --Ci1 LANGLEY RIDGE AT MAY CREEK FILE NO. LUA-05-083 LAND RECORD NO. I.ND- DRAWN .BY:· RF DATE: 03/23/07 JOB NO.: CHKD BY: RGH SCALE: 1" = 60' SHEET: 'JUN -6 2a 7 Receive- 20510 9 OF 10 LUA-05-083 LND-___ -___ _ 8 LOT 1 8 s aa-01·s,· E 41 3 .19 • 'i r i ' . ;j i ' I I I ! -: i ' ' l ' t i 'i'i ...,. .'f"' i ' ' ··~! .~ LANGLEY RIDGE AT MAY CREEK I VOL/PG I PORTION OF THE N. 1/2, N.E. 1/4, SEC. 3, TWB. 23 N., RGE. 5 E., W.M. ! PORTION OF THE S. 1/2, S.E. 1/4, SEC. 34, TWP. 24 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON LlNE TABLE EASEMENT LlNE TABLE LINE , BEARING DISTANCE LINE BEARING DISTANCE L4 S 01·22·33• W 8.00' ES N ss·35·09· w 1 o.oo· L5 s ss·37'27" E -80.00' E6 N 01·24'51 • E 20.00' L6 S 101·12'53• W 8.00' E7 S 88°35'09" E 1 o.oo· L7 S 01·24·51· W , 41 .09' E8 N 01·24·51• E 15.64' L8 N i 01·24'51" E 56. 16' E9 S 88°35'09" E 4.00' L9 S 88°37'27" E 21.96' L10 S 01·15·22· W 15.00' EASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH cs 25.00' 90·00·00· 39.27' C6 25.00' 90·00·00· 39.27' -. -g . g • -;--------------I i • ' ' I 15· 15· I I w I I~. I I~~ I I :-N I ----~ 0 r----C".l 30' INGRESS/EGR [SS ESf,fT REC #20011220002563 (REC #3494 2 07) --o I z ' I 1-""-it--l I I I J 15' } I 15' ROADWAY ESM 'T. b RE.C #20011220002563 :;: (REC #3471925) ..,_ !"·-FENCE I 13.3' E X OPEN SPACE TRACT ~Dn 83.811 S.F. + /- 327.85' (SEE N.G.P.A. RESTRICTION ON SHEET 3 iOF 10) I I I I I I I I I I I I I I I I I L,J • FOUND REBAR /009' NORTH / 0 35· EAST ----~--~ ----. ' ---~---~---. ~ -~-·'=-'!----- N 0118'26" E 16. oo· ----..... I N I 8' WOOD -----FENCE I X WTM ,-5 ./ ,------,1s..-1· E ·"" )c;;,,---. ...... '-s-;;~,(~·~::.4:.s~~~~:~~"~- 1 S 88°37'27" E -~\ \-<\ 8 N co .... • .... 0 z I ' I 1 20.02' <D -_...:::.--'---r--=-=l.5:::.__l..!,-:-::.;::-4 · :,;_c, L6 T I , 0 I -, _, - I / \ I I / I I I I I 15' ROADWAY ESt,f T -RFC ~120011220002563 (REC #5934284) I I I I S 88°35'09" E --108.67' ··-~ I [ I ( \ I I I E9 I I I I I I I I I I I I I I I I I I 26' PRIVATE ACCES S & UTILITY i 1* EASfM ENT WITH FIRE TURNAROUND S~\ 1 '!~.' I . io I LOT 33 I I ~ I'! I , I • co 119,570 S.F. +/- ' ~ ~ I (108,909 S,F, +/-) • I I ..,. ! ' I I w I I I~ I , I I ;,. I I. I ~ I I l2 Io . I~ Z N I I I I I I I I I I I ! I I I 'I I I lf) I I I N,I " I I I ~, 30' NGRESS/EGR L SS ESM 'T, \ 1 -+ I I I REC #3494 2 0 7 ~ I fii~II --------....:.S~88"~35::.'~09~"...:E~~3~30~.6~8!:_' --....;..-----t:'-=.:::.-l' ~15· \s·1 I I I I I I I I \ I .,.._ I ' I 1 I I i o· I . ' 60' 120' I --------- 1" 60' i OPEN SPACE TRACT nC" 154,775 S,F +/- (144,622 S,F, + /-) (SEE N.G.P.A RESTRICTION ON SHEET 3 OF 10) PREPARED BY: 1 ', I I w · ' 1, _:o I ~I • l al zJ I I 0 0 . co I') I{) • .... IO ..,. N • -0 (/) 116.00' N 88°37'27" W 8 PORTION OF: - -~ . 0 C".l -----S 82"10'46" E 978 68' r - \ I . 0) co ~ N • "' N -co -• ~ 0 (/) i I i / -,.,., LrouND IRC #20698 0. 18' NORTH 0 ,37 ' EAS T · ,Ros 10J/Bs)---..:..._ 8 8 NOTE AREA IN PARENTHESIS ( ) IS NET AREA BASIS OF BEARINGS IS NAD 1983/91 r . N. 1/2, N. E. 1/ 4, SECTION 3, TWP. 23 N., RGE. 5 E., W, M. S. 1/2, S.E. 1/4, SECTION 34, TWP. 24 N., RGE. 5 E .• W.M. ! 1-. i LEGEND . + ~ SECTION CORNER I ! QUARTER CORNER 0 t° FOUND MON. IN CASE EB I SET MON. IN CASE 0 ; FND . PROP. COR . AS NOTED • T SET 1 /2" I.R. W /CAP #21464 I ! · LATEST REVISION: 06/05/07 HANSEN SURVEYING LAND SUR VE y0RS & CONSUL'llANTS 17420 116TH AVE S.E :. RENTON, 1J"A 98058 TEL: '425-235 -9440 FAX: 425,.c-235-0266 I f ! ;I CITY OF RENTON . 0PMENr . CITY OF R,_ PLAN, 1Nt :t LANGLEY RIDGE AT MAY CREEK c NToN 1 ,:: FILE NO. LUA-05-083 1JUN -6 2007 LAND RECORD NO. LND- DRAWN BY: RF DATE: 03/23/07 JOB NO.: CHKD BY: RGH . S~ALE: 1" = 60' SHEET: 10 OF 10 ; _ .. J