Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutReport 106 - 03 'F23N Rel+; E 1/2 ?lth�b '"AWN �WP"°N. u�'p0il #. G.iyl _p-,�LpFAL--pel ATWAAAT VJ1d �dd�Qiti"d' a� a 1 2 3�' 4 5 6 7 S BEFORE `THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) RE: Ravenna ) 10 ) FINAL PLAT APPROVAL 11 Final Plat ) } 12 LUA 12-00220FP } } 13 } 14 Summary 15 16 The Applicant has applied for finial plat approval for the Ravenna aka Honeybrook Circle subdivision. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 Exhibits 21 22 The following documents were considered in evaluating the application for final plat: 23 1. March 12, 2013 memo from Jan Illian to Phil Olbrechts. 2. March 12, 2013 staff report. 24 3. Plat Map 25 26 Findings of Fact FINAL PLAT - 1 Kev (3- oco gi7 1 Procedural: 2 1. Applicant. JayMarc at Honeybrook, LLC 2. Hearing,. No hearing is required or held for final plat applications - 4 5 Substantive: 6 3. Description of Proposal. The Applicant is requesting final plat approval for a 15 lot subdivision_ The City of Renton Hearing Examiner approved the preliminary plat on February 15, 7 2007. The final plat encompasses 2.5 acres. It is located at 4900 -NE 6`h Street, 8 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all g preliminary plat conditions of approval, as detailed in the staff report, Ex. 2, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. 10 I I Conclusions of Law 12 13 procedural: 14 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. 15 16 Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other 17 than to require that `'the final plat shall conform with only minor modification to the preliminary 18 plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any 19 outstanding conditions. 20 21 DECISION 22 23 The final plat application is approved, subject to the following conditions: 24 1. All applicable fees shall be paid prior to recording of the final plat, except those fees 25 expressly deferred to a later date by the preliminary plat conditions of approval. 26 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff , with the posting of adequate security, prior to the recording of the plat. FINAL PLAT - 2 i- 2 3 4, 5: 6 7 8 9' 10 j I 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 i Dated this 4th day of April, 2013. t City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-11 O(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be fled within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-9-11 O(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office. Renton City Hall -- 7th floor, {425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 RAVENNA (HONEY CREEK) FINAL PLAT LUA12-000220 FP 1. As Built mylars submitted 2. As Built street light mylars submitted. 3. Street lighting finaled. 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable permit fees are paid S. Planner approved final plat 9. All wetland plans, construction issues approved 10. Technical Services recommends approval 11. Check for courier 12. HOA and CRRs approved 13. Fire approval received. 14. Two year Maintenance and Defect Bond in place • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 25, 2013 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Iliian x 7216 SUBJECT: RAVENNA FINAL PLAT MYLARS FOR SIGNATURE LUA12-000220 PARCEL # 102305-9208 City of _ Gregg, Here are two sets of mylars for the Ravenna Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on April 4th, 2011 • All permit fees have been paid. • Impact fees will be paid at building permit issuance. • Inspector has signed off the construction permit. Please contact me when they have been signed and 1 will stop by and pick them up. Thank You. iaprojects%ravenna platlplat to gregg.doc • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT � ]l �f2 I � ALJ M E M O R A N D U M DATE: May 25, 2013 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Illian x 7216 SUBJECT: RAVENNA FINAL PLAT MYLARS FOR SIGNATURE LUA12-000228 PARCEL # 102305-9208 G regg, Here are two sets of mylars for the Ravenna Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on April 4th, 2013. • All permit fees have been paid. • Impact fees will be paid at building permit issuance. • Inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:%prgiectsVavenna platlplat to gregg.doc 0 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • M E M O R A N D U M DATE: May 25, 2013 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Illian x 7216 SUBJECT: RAVENNA FINAL PLAT MYLARS FOR SIGNATURE LUA12-000220 PARCEL # 102305-9208 Gregg, Here are two sets of mylars for the Ravenna Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on April 4th, 2013. • All permit fees have been paid. • Impact fees will be paid at building permit issuance. • Inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:lprojectsVavenna platlplat to gregg.doc • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 1/ 11 wom= ll cr,ror -� In lox . �IBXAI DATE: May 23, 2013 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Illian x 7216 SUBJECT: WINDSTONE DIVISION V FINAL PLAT MYLARS FOR SIGNATURE LUA12-093 PARCEL #s 032305-9070 / 032305-9234 G regg, Here are two sets of mylars for the Windstone V Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on May 10, 2013. • All construction permit fees have been paid. • 50% of the school impact fees will be paid prior to recording of the plat. • The remaining impact fees will be paid at building permit issuance. • The inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. iaprojects4indstone div 5lplat to gregg.doc 7� if $13 �tt, 5.08 7.08 fi 3G{ y P1 ,3z A+ w-e.;s.::a 79 6u.02 6D 02 0-0 -aos a �� o 0.24 AC 1001y# 9975 SP ri ry M o SP 477114 PCL. 2 KC 7804120882 FV 10125# 10918# 1QC18#: 8712# A712# 60,02 60.02 S.E. 122ND, ST 93114 W fi31.85 75 PCL. 2 KC 7804120882 FV 10125# 10918# 4.01 AC PCL. 1 93114 W 751ti2 75 I7Q t 0.26 AC a4 YVI I' 1 r�A V i ' 144541 r 1,091 uj _ .I r-' o 501.63 fCV� '6• 28 err r T 130 :aaar5 120. 60* N 68-20-26 W 150 180. 0.7 I T150.77 PCL. 2 4024/6 IN r� 9 � G] KCSP 777005 w AC m I o I S 88-2C-27 g 4 111.70 18. laaoo# I � S 89-17-57 W 6 E c � 11.6@ 9,197 6 n2 � I 4r2i�5 ,- 0.20 AC h _. b ; N 38-20-26 W 150. DS;SPj: 120 o rn in n <aaarc ur o I p1' .21 AC a' asc. 9397 `n 9149 r Lfl 3 120 I r 55, 12819# � " 4.01 AC PCL. 1 93114 W 0.26 AC o I' 1,091 .I r-' o 501.63 330.815 130 N 68-20-26 W 150 6 T150.77 PCL. 2 � G] KCSP 777005 w 7803070757 4 laaoo# I E vz;r._ w ,2 9,197 6 n2 � I 150 _. b ; N 38-20-26 W 150. DS;SPj: 31772 # cn cw+ w PCL. 1 rn a' asc. 9397 `n r w 120.7N 88-20.-34 W r 55, 12819# � " I 30 7 7 . c 77.5 Qo m N 88--20-34 W I i:�e3Gi "i 115.69 � I W I � � N N �i.ci I I I r 2.5 AC ,p 9610# 961()# o rr y 8 _) �77 i o Ll !� 34 77.5 77.5 v NS -2C 34 W - 2 61 ' 20080229000785 D802Z90DD 0 X588 -c0 -7E 111.09 .M.�.. ,.... .,. 33378 --2153 .__- --- 'i'L _PJrV.R _. .., .. .., T 73 7.R .� 0$ 3C r. NE 6TH STREET _;,20.0. ESviT 69,0'2^ 9� ry i a3 _ 3 4 O .J1 . 92 52.05 1p 3." ._._ -- -- J4ss 5 L ri mbagO Title TW * co WHEN pRETURN TO JAYMARC AT HONEYBROOK, 'LLC 28W NE SUNSET DLVO, SURE E RENTON, WASHINGTON 98059 1111111111" I'll, �111 1 IN 20120504001464 G1iICPGO 1ITLE 610 6a•06 PAGE -@01 OF H03 KING 4C2"Ty.541 0 CHICAGO TITLE COMPANY 13114025 STATUTORY WARRANTY DEED THE GRANTOR(S) 4 d M LAND OEVELOPMENT INC., A WASHINGTON CORPORATION for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to JAYMARC AT HONEYBROOIC LLC. A WASHING TON LIMITED LIABILITY COMPANY the following described real estate situated in the County of state of Washington: THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF $ECT{ON 10, TOWNSHIP 23 NORTH, RANGES EAST, W.M., IN KONG COUNTY, WASHINGTON; - TOGETHER WITH AN EASEMENT FOR ROADANO UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WFST 30 FEET Or THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST OUARTFROF THE NORTHWEST OUAATER OF THE SOUTHEAST OLWFFTEFIOF SAID SECTION lQ, EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN THE COUNTY ROAD. SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EMBIT "A'AND BV THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. Tax AccountNum6er(s)z 182305206 Dated: MAY 3,2012 E2542180 05/04/2012 15:37 KING COUNTY, UR�g 183.00 SPL-: =464,600.00 PACE -001 OF Oa'. J S M LAND DEVEL ENT INC. 0550. MAN MEMBER JAY M Ea5TRANO, MA.NI MEMBER LPB10(KLC/0520M Public Record 0rder. y: sh6laine Printed: 8181 STATE OF WASHINGTON COUNTY OF RING ON THIS IT! DAY OF MAY, 2012, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED MARC ROUSSO AND .TAY MEZISTRAND TO ME KNOWN TO 95 THE MANAGING MEMBERS OF THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSE'S THEREIN MENTIONED, AND ON OATH STATE THAT THEY WERE AUTHORIZED TO EXECUTE THE SAID INSTRUMENT AND THAT THE REAL AFFIXED THERETO OF ANY) IS THE CORPORATE SEAL OF SAID CORPORATION. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFPICIAL SEAL THE.-SAY-AZYEAR FIRST_ ABOVS111kITTEN. NOTARY SIGNATUKE- I� PRINTED NAMET _ Iy `c-pCw+ S _ NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT _--?jEP-TVb N _ MY COMMISSION EXPIRES Gk fpq STACI R. IRGENS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 9. 2074 Public Record order:o5c: . sholstinePrinced—a[Gr=7 Tiu:5z Pm PSI • 4f CHICAGO TITLE COMPANY EXIABIT A EscrowNo.:130402S EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESEPLVBD BY: ARTHUR C. SORENSON AND BETTY E. SORENSON, HIS WIFE PURPOSE: ROAD AND UTILITY PURP05ES AREA AFFECTED: THE EAST 30 FEET RECORDED! DECEMBER 12, 1960 RECORDING NUMBER! 5231765 ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDF..D: NOVRM$ER 13, 1987 RECORDING NUMBER: 8711131412 m IpffjKaA "% Public Record Or -der: o age 3 i3f 3 CreaTd: s o1sune FrinM ��4if��[i-: t. �:rs d� '5,231`7fi J� r5 f•. } :- - , ��'•f'-�'� r- *ti*' V /�tVWkY D 3 u�'77 r, ry PAGE,::•' ............: . _ .. r , 19M DEC KJh_ G Cpi�tlSW A ` .a.. �d • t �'� � t•"E rrj�� F Statutory Warra»ty Dead s a ae„na ,in' 1-11F.GR,t1T011 ARTHUR C. SORENSON and BET'T'Y E. SOREMON, . i9 wife !=,rand incon.,idrrafluitnf Ten Dollars and other c1Qod an lueble consideratinns .r, han:;raid.,e.nveysar+d+.,Traetile to BERMS CIIAIG, a widow r.hr L,[G,xin�5 drscribcd tea€ e,ttale,,iluaie.l in the County of KI ng ,State of The '+lai 11'ikninglnn: Th St i of the South } of the Southwest j of Lha North - t a, 'he Southeast j of Section 10, Township Z3 North, Range 5 WITH an casement for road and utility puraoses -ross the South 36 feet and the West 30 •,-set of the ,`art t Snu.ti j �,r the Southwest � of the Northwest k of the Southeast 3 SF:;:t1on 10, EXCEPT any portion of said easement tying within ':ir!-j Rol $1 't: -Ito Jn the County of Hing, State of Washington; ANG •tntQ *? Grantor an ea3ement for road end ut i l l ty urrose s grid -coos; the East 30 feet of the West } of the South o!. the of tfie Northwest j of the SoutheAst j or -said Sectl•?n 10. iALr.S IAA PAW 0 t CG,', A. A. TREMPER, 9INC CC MY 1:(TAjU€lIR i ':,•e,1 !v wrven :,, r,rihil.^aem n€ that certain rent estate contrae4 LQtween ae partlt•a hrrrtn, A SgptrMher 19 , 1959 , and conditioned for the conveyance of the• at„tvr the covenants of warranty herein euntalned ahalt not spply to any UEir, E..;,•r,-.t .,r —r,,'t:rnbra rice arlmng by,rnraosh or under the purchaser In said contrket, and shill not :,.:.r:; tares, ,sssesarnents rrr other charges torted. assessed or becoming due subsequent - t^• .!„V r' en1-1 rnntrar,t, 1:T,T:Nr"vMN l raxe'x• are, re5lr:ctinnn and Trsrrvatlans of record, it ar4r, taat�d rh1. l;? th day of Sit ntember -1� ' 19 5”) NbUT L 44t�r�a?� /��+.'^.'��t.`...SK::......✓�.�1,,,,'~,'��fS.�r+�t-tSL.lt) "t i'rr rrr� tl'�+tifil:�r 1'11ti, + iit.F.natae rnr this day l.rr.rana€h' aprwared before irk ARTHUR C. SORENSON and BETTY E. 5[x1 N5Zd: I.: mi, known w he thr individuals described in and who executed the vrilhin and torquing instrument, and ;I, kn—Irdized that t 1''3 v signed the larrrid is their free sad voluntary act and deed, for the r-nri €.vrp. . therein hienjonrd. GIt-kN u-Irr my hand and ofitciar seal this Y+—.{ day of Nrxary Prbfae Lot asst far foe Srfts�►ywi73isltart, ►tOdisr at Renton U r *ti*' V ` .a.. �d • t �'� � t•"E rrj�� F Statutory Warra»ty Dead s a ae„na ,in' 1-11F.GR,t1T011 ARTHUR C. SORENSON and BET'T'Y E. SOREMON, . i9 wife !=,rand incon.,idrrafluitnf Ten Dollars and other c1Qod an lueble consideratinns .r, han:;raid.,e.nveysar+d+.,Traetile to BERMS CIIAIG, a widow r.hr L,[G,xin�5 drscribcd tea€ e,ttale,,iluaie.l in the County of KI ng ,State of The '+lai 11'ikninglnn: Th St i of the South } of the Southwest j of Lha North - t a, 'he Southeast j of Section 10, Township Z3 North, Range 5 WITH an casement for road and utility puraoses -ross the South 36 feet and the West 30 •,-set of the ,`art t Snu.ti j �,r the Southwest � of the Northwest k of the Southeast 3 SF:;:t1on 10, EXCEPT any portion of said easement tying within ':ir!-j Rol $1 't: -Ito Jn the County of Hing, State of Washington; ANG •tntQ *? Grantor an ea3ement for road end ut i l l ty urrose s grid -coos; the East 30 feet of the West } of the South o!. the of tfie Northwest j of the SoutheAst j or -said Sectl•?n 10. iALr.S IAA PAW 0 t CG,', A. A. TREMPER, 9INC CC MY 1:(TAjU€lIR i ':,•e,1 !v wrven :,, r,rihil.^aem n€ that certain rent estate contrae4 LQtween ae partlt•a hrrrtn, A SgptrMher 19 , 1959 , and conditioned for the conveyance of the• at„tvr the covenants of warranty herein euntalned ahalt not spply to any UEir, E..;,•r,-.t .,r —r,,'t:rnbra rice arlmng by,rnraosh or under the purchaser In said contrket, and shill not :,.:.r:; tares, ,sssesarnents rrr other charges torted. assessed or becoming due subsequent - t^• .!„V r' en1-1 rnntrar,t, 1:T,T:Nr"vMN l raxe'x• are, re5lr:ctinnn and Trsrrvatlans of record, it ar4r, taat�d rh1. l;? th day of Sit ntember -1� ' 19 5”) NbUT L 44t�r�a?� /��+.'^.'��t.`...SK::......✓�.�1,,,,'~,'��fS.�r+�t-tSL.lt) "t i'rr rrr� tl'�+tifil:�r 1'11ti, + iit.F.natae rnr this day l.rr.rana€h' aprwared before irk ARTHUR C. SORENSON and BETTY E. 5[x1 N5Zd: I.: mi, known w he thr individuals described in and who executed the vrilhin and torquing instrument, and ;I, kn—Irdized that t 1''3 v signed the larrrid is their free sad voluntary act and deed, for the r-nri €.vrp. . therein hienjonrd. GIt-kN u-Irr my hand and ofitciar seal this Y+—.{ day of Nrxary Prbfae Lot asst far foe Srfts�►ywi73isltart, ►tOdisr at Renton U r For and in consideration of One Dollar ($1.00) and other valuable consideration in hard paid, JAYMARC AT HONEYBRCKK LLC, a tfYashington Llmftd LiabiNtr Company ('Grantor" heroin), hereby conveys and warrants 10 PUGET SOUND ENERGY, INC., a Washington Corporation ('Granlee herein), for the purposes hereunater set forth, a nonexclusive perpetual easement over, under, along across and through the fogawing described real property ("Property' herein) In King County, Washington: THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., IN KING COUNTY, WASHINGTON. Except as may be Gharwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Arso'liRrefin) described as follows: EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS -W -WAY (90TH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS Am DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECDME NULL AND VOID.) EASEMENT NO. 2. A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREET$ AND ROAD RIGHTS-OF-WAY. EfrsjMyT N0.3: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DFSCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF NE 6' STREPT- 1. Purpose- Grantee shall hnve the right to use the Easament Area to confrtruct, operate, maintain, repair, replace, improve, remove, and enlarge one or more uIIINy systems for purposes of transm"on, distrtbu6on and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipeires, mains, laterals, conduft regulators and feeders for gas; conduils, tines, cables, vaults, switches and transformers for electricity: fiber Optic cable and other lines, cables and facilities for cornmunications; semi -buried or ground-nteunted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtCnances necessary or convenient to arty or elf of the foregoing. Fobng the initial oonstrvrYion of all or a portion of its systems. Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grartee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have Vie right to cul, remove and dispose of any and 811 brush, trees of other vegetation in the Easement Area. Grantee shat# also have the right to control, an a continuing basis and by arry prudent and reasonable means, the establishment and growth of brush. Mees or Other vegetation in the Easement Area - 3, Grantors Use of Easement Area. Grantor reserves the right 1O use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however. Gronlor shall not construct or maintain any buildings, stnlctures or other objects on the Easamantt Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liabilAy incurred by Grantor as a result of Grantee's negligence in the exercise of ft rights herein granted to Grantee, but nothing herein shell require Honeybnook CifGe 105064704 8 107D45554 f 082312 Page 10 2 Public Record Order: ul I w c: Or r y: dMinneft PrinIM'.- i 20120801001112 PUGST SDWW iN ERS 63.ee PAM -bei OF ee2 eism l2e1216 :43 RETURN ADDRESS., KING COUNTY, UA Puget Sound Energy, Inc. Attention: R1W Department r EXCISE TAX NOT REQU RED PO Box 97034 r Eat 06W Bellevue, WA 950094842 (Zech Bergman) la., Co. Racud30lv'.�an By Ua3xrty EASEMENT jj OWN, REFERENCE #: GRANTOR. JAYMARG AT HONEYBROOK, LLC GRANTEE: PUGET SOUND ENERGY, INC - SHORT LEGAL: The IN h of S% of SW Y. of NW Y. of 5E A of 10-23.05 ASSESSOR'S PROPERTY TAX PARCEL: 102305-9208 For and in consideration of One Dollar ($1.00) and other valuable consideration in hard paid, JAYMARC AT HONEYBRCKK LLC, a tfYashington Llmftd LiabiNtr Company ('Grantor" heroin), hereby conveys and warrants 10 PUGET SOUND ENERGY, INC., a Washington Corporation ('Granlee herein), for the purposes hereunater set forth, a nonexclusive perpetual easement over, under, along across and through the fogawing described real property ("Property' herein) In King County, Washington: THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., IN KING COUNTY, WASHINGTON. Except as may be Gharwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Arso'liRrefin) described as follows: EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS -W -WAY (90TH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS Am DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECDME NULL AND VOID.) EASEMENT NO. 2. A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREET$ AND ROAD RIGHTS-OF-WAY. EfrsjMyT N0.3: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DFSCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF NE 6' STREPT- 1. Purpose- Grantee shall hnve the right to use the Easament Area to confrtruct, operate, maintain, repair, replace, improve, remove, and enlarge one or more uIIINy systems for purposes of transm"on, distrtbu6on and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipeires, mains, laterals, conduft regulators and feeders for gas; conduils, tines, cables, vaults, switches and transformers for electricity: fiber Optic cable and other lines, cables and facilities for cornmunications; semi -buried or ground-nteunted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtCnances necessary or convenient to arty or elf of the foregoing. Fobng the initial oonstrvrYion of all or a portion of its systems. Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grartee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have Vie right to cul, remove and dispose of any and 811 brush, trees of other vegetation in the Easement Area. Grantee shat# also have the right to control, an a continuing basis and by arry prudent and reasonable means, the establishment and growth of brush. Mees or Other vegetation in the Easement Area - 3, Grantors Use of Easement Area. Grantor reserves the right 1O use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however. Gronlor shall not construct or maintain any buildings, stnlctures or other objects on the Easamantt Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liabilAy incurred by Grantor as a result of Grantee's negligence in the exercise of ft rights herein granted to Grantee, but nothing herein shell require Honeybnook CifGe 105064704 8 107D45554 f 082312 Page 10 2 Public Record Order: ul I w c: Or r y: dMinneft PrinIM'.- Grantee to indemnify Grantor for that porfion of any such liability attributable to the negligence of Grantor or the negligence of others. 5- Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall lermonate and all rights hereunder, and any improvements remaining in the E=asement Area, shall revert to or otherwise become the properly of Grantor: provided, however, that no abandonment shall be deemed 7o have occurred by reason of Grantee's failure to initially install its systems on the Fasonwt Area within any period of time from the date hereof. 6, Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this aasomant. Without limiting the generality of the foregoing, the rights and obligatlons of the parties shall inure to the berwft of and be Minding upon their respective successors and assigns. p t DATED this Z' 'day of V L`f .2012. GRANTOR: JAYMARC AT HON SRO OK. LLC, a Washington Limited Liability Company BY: ITS: f y� rl l"trL7, STATE OF WASHINGTON ) COUNTY OF ) q � ,`1' On this `� day of t3 V LY 2012, before me, to undersigned, a Notary Public in rind lar the State of Washington duly wnur6Woned and swum, personally appeared O to me known or proved by satisfactory evidence to be the person who signed as of JAYMARC AT HONEYBROOK, LLC, a Washlington Limited Liability Company, the limed liability company that executed the within and foregoing inatrtmrenl, and acknowfedged said instrument to b er free and voluntary ad and deed and the free and vohrrttary ad and deed of Said Amited liability company the uses and purposes Merefn mentioned; and on oath stated that hershe was authorized to execute the said instmmnent on behalf of said funded liability mnpany. IN WITNESS WHEREOF I have hereunto set my eel Mie Q year fust above Written. STAG! R. IRGENS (sign o Notary? NOTARY PUBLIC l STATE Of WASHISIVON (Print or stamp name of Notary) COMMISSION EXPIRES NOTARY PUBLIC in and kLLhe State of SEPTEMBER 9, 2414 Washington, residing al P - My Appointment Expires Honeybtook Circle 105069704 $ 1070655541062312 Page 2 of 2 PubliC Record I W oC; e 2 or Z crettnn s Said parties are sill r reside at the addres legally descrihad in incorporated reference 1. That the pd to and ustrs of a p ingreea And egress to foliaws That portlor auditor's fit of parcel e2 South 154 ft Said parcel of real pr their land and shelt k This agreement *hall I ROAD MAINTINANCZ MAIXTEMANCE AGREEMENT seance Agreement entered into this -2181 day of 1between the following parties; Ms. Sylvia Wood 12256 -142nd Ave. S.E. ,yJ C w; C Renton, WA 98456 lor. Jerry J. Madison Mrs. Julie A. Madison k JU07-142nd Ave, 3.E, �. Renton, WA 90056 • P i�ir. G. W. Sutherland y We. Donna D. Sutherland 714029 S.E. 124th St. Renton, WA 99056 0. .Mr. Warrtr. McDowell DECD F 11.40 ,14114 S.E. 124th 9t, CASHSL 1.00 �enton, WA 99466 t 1 lr r Michael P. Prummer `14146 S.E. 124th St. Stanton, WA 98056 fonts of Renton, Xing County, Washington and Rs aboye stated. The parties' properties are i P -6 A, which is attached hereto and I hereto are adjacent real property owners of real property utilised for purposes of land. Said property Is legally described as parcel 02 of Short Plat No. 777009, under 7803070757 described as the south 30 feet I the West 30 feet of the Horth 124 feet of the jr directly benefits the parties hereto and *after referred to as the " 124th St -road'. to the entire private road to its . WVVT) mmirdea cr 4u to Fs , '�ttma un • Shs tsc�.� {'.1 t n�� i,5r N. 3yf+ "Au i ry.Nl:�ir'IM.;.erl!r 111Ni 6Lit �.+nswx ya�p� This Road Maxi September, 1947, by 2, 4. Said parties are sill r reside at the addres legally descrihad in incorporated reference 1. That the pd to and ustrs of a p ingreea And egress to foliaws That portlor auditor's fit of parcel e2 South 154 ft Said parcel of real pr their land and shelt k This agreement *hall I ROAD MAINTINANCZ MAIXTEMANCE AGREEMENT seance Agreement entered into this -2181 day of 1between the following parties; Ms. Sylvia Wood 12256 -142nd Ave. S.E. ,yJ C w; C Renton, WA 98456 lor. Jerry J. Madison Mrs. Julie A. Madison k JU07-142nd Ave, 3.E, �. Renton, WA 90056 • P i�ir. G. W. Sutherland y We. Donna D. Sutherland 714029 S.E. 124th St. Renton, WA 99056 0. .Mr. Warrtr. McDowell DECD F 11.40 ,14114 S.E. 124th 9t, CASHSL 1.00 �enton, WA 99466 t 1 lr r Michael P. Prummer `14146 S.E. 124th St. Stanton, WA 98056 fonts of Renton, Xing County, Washington and Rs aboye stated. The parties' properties are i P -6 A, which is attached hereto and I hereto are adjacent real property owners of real property utilised for purposes of land. Said property Is legally described as parcel 02 of Short Plat No. 777009, under 7803070757 described as the south 30 feet I the West 30 feet of the Horth 124 feet of the jr directly benefits the parties hereto and *after referred to as the " 124th St -road'. to the entire private road to its intersection with the public road of 142nd Ave. S.E. Said road is approximately 30` in width and 300.71` in length, running west from 142nd Ave. S.E. to the western border of parcel 02, and 154' in length, C running north from the !"west corner of parcel *2 to the roads termination. (Sae.._attached exhibit h, which is incorporated by reference hereto.) ` 1. t 2. That the partles agree, for the benefit of their property, to share equally in the: costs and expenses of maintaining the 124th St. road an good repair, in perpetuity. *} `In good repair" shall be defined as providing a road which is safe to 4be utilized without `damage or fear of damage to ones person or V4 vehicles. Determination of the need of maintenance or repair on said V road shall be decided by s majority of the parties hereto or their successors or assigns;in interest. Each residence shall have one vote. This agreement shall,: run with the land of the parties hereto, so long as said party utilises the 129th St. road as ingress and/or egress to their property. If any party should transfer or convey their property in any manner, this obligation of maintenance and repair to the 124th St. road shad be conveyed as a part of said transfer or conveyance. f Should any party na; longer necessitate use of the road as an ingres3 or egress to their property, said party shalt give notice in writing to all other parties hereto` (or their successors or assigns of interest) of the intent to discontinue the use of said 124th St, road and thus relieving said party of any obligation to maintain and right to use said road. 3. That this agreement may be amended or modified from time to time by a ma�arity, agreement of the parties hereto. J. SV/Vin Wood Jer adison 6. W. Sutherland \ILL ro Warren McDowell s %/,tulle A. Madison Donna D. Sutherland /fA tchael F. Prummer ROAD MAINTENANCE WA STA'T'E OF WASHINGTON ) as. COUNTY OF KING ) G. W. Sutherland and Donna �+tV t e�. ponally appeared before me.. to me known to be the individuals) described in And who executed the within and foregoing instrument, and acknowiidged that they, signed the fame as .and voluntary act and deed, for the uses and purposes.+ thgr�x�v mentioned. GIVEN under my hand and official semi this September, 1987. NO PUBLIC w grid 'far tine gta it Ston, residing at Commission expires:9 /may tnntnn STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Michael F Prummer to me known to be the individual(s) described in and who executed the within and foregoing Instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official aI this 2 ,•C�y`ti y'+ September, 1987. +`'Ear, St d, sealy.n i'� fn$ at aunt a a e�' 'aC ROAD MAINTMAME AGRUMENT 4 Commission expires: ASO STATE OF WASHINGTO14 ) ) an, COUNTY OF KING ) On this day Personally appeared before me 'y[Y_ 9iarraa_UC ovelj to me known to be the individuals) described Jr and wits executed the within and foregoing instrument, ; and acknowledged that _ he ssgned the same as his free r i and voluntary act and deed, for the uses and purpoaem�exefn 4 mentlort,aci. .�,P�st•�f, s t.SIji October GIVENunder my hand and official tteal ti'.. 'L+'' 1907. {} �iI4.4 �'�: r• i NOTA '•"; State o ashington, is ing .�� At unti €ske Terrace C' -r; Commission expires; l' ROAD MAINTENANCE AGRMOIENT 5 STATE pP WASHINGTON 39. COUNTY OF ICING ) On thin day personally appeared before me Sylvia Wood to me known to be the individual(s) described In and who executed the within and foregoing instrument, and acknowledged that shhe_ _ signed the same ash°r fret and mluntary act and deed, for the uses and purposes therein mentioned. ., SG1irM under my hand and official 1 this ,j 1 �1 "day" of September, 1487. Z' l%V to f1gi�171i.1?�dllll Mountlake at " Commission expir¢S: 8 STATE OF WASHINGTON ) ss. COUNTY OF RING y O�i thla day personally appeared Jerry J. Madison and before MO ulie rl, tdadisoii to me known to be the individual(s) described in and who ex uted the within and feregoiTt Inst;pps¢nt, and acknowledged that .'hey signed the sams aah>tr1 i0*1 and voluntary act and deed, for the uses and pure ;fiat mentioned. GIVEN under my hand and official seal th€e' September, 1987.E NOT Y P LIC and!foi='"t Stat Vila Ston, residing at Mountlake Terrilra commission expires: 8/21/90. ROAD MAIMMANCE AGREE[411M 3 t, EXHIBIT A The legal description of the real property hsnefltinq (torn this Road Maintenancx Agreement is listed hereinafter and such is incorporated into said Agreement of which this Exhibit A is Attached thereto; 1. Owner: Sylvia Wood Address' 12256-142nd Ave. S.i;,, Renton, WA 98056 Cox Acct. Isle.: 9338-00 and 9208-07 Legal Description- (9338--00) The East 77.5 teat of the West 10'7.5 fttt of the North 124 feat of the South 154 feel of the EAst half of the South half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 10, Tovrnship 23 r.orth, Range 5 cast, W.M. (9208-07) The West half of the South half of the Southwest ; quarter of the Northwest quarter of the Southeast quarter of v� section 10, Township 23 Worth, Lange 6 East, W.M. 2. owner: J4rry J. Madison and Julie A. Anderson Address: 12407-•142nd Ave. S.E., Renton, WA 98066 Tax Acct. No.. 9385-02 and 9016-04 Legal Doscription: (9305-02) Lot 2 of King County Short Plat No. 480111, King County Auditor's File No. 8246180431. (9016-00) The easterly 206.01 feet as measured along the ` North 11ne c€ the North half of the North halt of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, 'Township 23 North, Range 5 East, W.M. 3. Owner: G. W. Sutherland and Donna D. Sutherland °.; Address: 14029 S,E. 124th St., Renton, WA 98056 ' Tax ■cot. No.: 9123-09 Legal Description: Lot 1 of King County Short PIat No. 480111. King County Auditor's File No. 8206180431. 4, Owner: Warren A. McDowell Address: 14114 S.E. 124th St., Renton, WA 98056 Tax Acct. No.. 9377-02 Legal Description. The East 77.50 feet of the West 185 feet of the forth 124 feet of South 154 feet of the East halt of the South half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W .IVI. 5. Owner: Michael F. Prumrner Addrazz: 14106 S.E. 124th St., Renton, WA 98056 Tax Acct. No.: 9397-08 Legal Description. Parcel *2 of King County Short Plat No. 777009, King County Auditor's File No. 780307075. .. 1 T ROAD MAINTENANCE AGREEMENT 6 •ys�p rP s A. R+,i ria♦� 7 # f4 t .1 •.wr. — � `•� f r. 3 `��h { w •ys�p rP s A. R+,i ria♦� 7 # f4 t .1 Chicago TI0e ' Ref # ;- b 3a�. Recording Requested By. ( i After Recording Refurn to: Lynn 0. Hurst 20120504001465 Montgomery Purdue Blankinship 8 Austin PLLC 701 Fifth Avenue, Suite 5500 CHICAGO TITLE OT 212.00 Seattle, WA `38104 PAGE -001 4F 026 0wO4/2012 15:38 KING CON", WA DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF CONTRACTS AND PLANS, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING Grantors: Ja Marc at Hone Brook LLC a Washington limited liability company O Additional on page Grantees: Trustee: Chicago Title ComF2ny Beneficiary: Dayhu Capital U5 LLC, a Washington limited liabjl'y company O Additional on page Legal Description (abbreviated): Pin. of the SE 1/+ of the NW 1/4, Sect. 10, Twnp. 23N, 10 Complete legal on Exhibit A Range 5E. Assessor's Tax Parcel Identification No(s) 102305-9208-07 Reference No_ of Documents Released or Assi ned: NOTICE TO RECORDER: THIS DOCUMENT CONTAINS A FIXTURE FILING AND SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. SECURITY AGREEMENT: THIS DEED OF TRUST IS A SECURITY AGREEMENT AND FINANCING STATEMENT UNDER ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE, WITH GRANTORI RUSTOR AS DEBTOR AND GRANTEEIBENEFICIARY AS SECURED PARTY. Dead of Trust {40262844.4} Pago 1 of 26 Public Record rer.i ae 1 Or r _a ne rine: THIS DEED OF TRUST, SECURITY AGREEMENT, ASS[GNMENT OF CONTRACTS AND PLANS, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING ('Deed of Trust) is made as al MAY G , k012, by and among: Grantor: JayMarc at HoneyBrook, LLC A Washington limited liability company Trustee: Chicago Title Company 701 5th Avenue, Suite 2300 Seattle, WA 98104 Beneficiary: Cayhu Capital (US) LLC, a Washington limited liability company Grantor is also referred to herein as Borrower'and Beneficiary as "tender.' Notice to Borrower: The Note secured by this Deed of Trust contains provisions for a variable interest rate. GRANT IN TRUST AND SECURED OBLIGATIONS, 1.1 Grant In Trust, For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the purpose of securing the lull and timely payment and performance of the Secured Obligations defined and described in Section 1.2 for the benefit of Lender. Borrower hereby Irrevocably and unconditionally grants, transfers, bargains, conveys, transfers, sets over, and assigns to Trustee, In Trust, for the uses and purposes set forth herein forever, with power o1 sale and tight of entry and possession, and grants a security interest in, all estate, right, tide and interest that Borrower now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the 'Corfaferar). None of the Collateral Is presently, Or will during the term of this Deed of Trust be, used principally or at all for agricultural or farming purposes: 1.1.1 land, Appurtenances, Easements, That certain real property and all interests therein located in Kilirg County, Washington, more particularty described in EXHIBIT 'A" attached hereto and incorporated horein by this reference, together with all existing and future easements, access righls, appurtenances, privileges, licenses, hereditaments, Iranchises and tenements, including all water stock and water rights owned by Borrower and an minerals, oil, gas, and other commercially valuable substances Thal may be in, under or produced from any part of it (collectively, the 'Landl 1.1.2 Improvements_ All buildings, structures, and improvements now located or later to be constructed on the Land (the "improvements"); 1.1.3 Related Real Property and Improvements. All real property and improvements on it, and all appurtenances, permits. plans, licenses, subd'rvWon rights, contracts, contract rights, and other property and interests of any kind or character, including all water and sewer taps belonging to Or in any way related to or appurtenant to the Land or Improvements, whether described In EXHIBIT A or not, that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Land and lmprovemonts: 1.1.4 Leese$ and Licenses. Subject to the terms of Section 5 hereol, all existing and future leases, subleases, sub -tenancies, licenses, occupancy agreements, and concessions relating to the Dead of Trust 00262844-41 Page 2 of 26 Public Record Mer: 1347588 LJOC:re y: snoistine Pnnieil- 8/812012 -MI:U1 FM FIS I use and enjoyment of all or any part of the Project {defined below), written or eral, now in existence or hereafter arising, and extensions or renewals thereof, together with the right, power, and authority of Borrower to alter, modify or change the terns thereof or surrender, cancel or terminate the same, and any and all deposits, guaranties and other agreements relating to or made In connection with any of the foregoing (the "!_eases); 1.1.5 Goods, Materials, Fixtures, etc- All goods. materials, supplies, chattels, furnilure, appliances, furnishings, fixtures, equipment and machinery now or later to be attached to. placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Project (delined below), whalher stored on the Land or elsewhere, all of which shall be considered to the fullest extent of the law to be real properly for purposes of this Deed of Trust; 11.1.6 Construction Materials and Equipment. All building materials, equfpment, work in process or other personal property of any (rind, whether stored on the Land or elsewhere, that have been or later will be acquired for the purpose of being delivered to, incorporated into, or Installed In or about the Land or Improvements; 1.1.7 Borrower Funds. All of Borrower's Interest in and to the proceeds of the Secured Obligations (defined below), whether disbursed or not; all present and future monetary deposits given by Borrower to any public or private utility with respect to ul0ity services furnished to the Land or Improvements; and any accounts established in connection with the Secured Obligations; 1.1.8 Rent, Issues, and Profits. Subject to the rights of Lender under Section 5 hereat, all income, rents, security or similar deposits, revenues, issues, royallies, profits, leases. earnings, products and proceeds of the Land or Improvements, including, without limitation, all rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, insurance or condemnation proceeds, payments and deposits, and any proceeds from the sale of any lots comprising the Land and any residences constructed thereon, and any deposits on account thereof (collectively, the "Rents, Issues arrd Aroffls ); 1.1.9 Contracts and Plans. All contracts of every kind relating to development, construction, marketing, and sale of the Proled, Including, without Ilmitation, any construction contracts and subcontracts, contracts with architects, engineers, and other service providers, supply contracts, consulting agreements, financing commitments and agreements, joint development agreements, service and maintenance agreements, marketing and listing agreements, k)t reservation agreements, and purchase and sale agreements, and any other existing and future contracts of any kind relating to the Project, together with all deposits, escrows, payments, or other proceeds thereunder, as well as all existing and future amendments, modifications, and supplements thereof, and any performance or payment bonds furnished in connection therewith (collectively, the "Contracts"),, and all designs, drawings, plans, specifications, trademarks, logos, and other work product prepared or to be prepared in connection with the development, construction, marketing, and sale of the Project (as defined below), together with all existing and future amendments, modifications, and supplements thereof (collectively, the "Pfans'); 1.1.10 Insurance. All insurance policies pertaining to the Collateral or Borower's operations thereon; together with all proceeds thereof and rights thereto, fnctuding: all unearned premiums returnable upon cancellation; aft claims to and demands for them, of the voluntary or involuntary conversion of any of the Land, Improvements or the other Collateral described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casuatty insurance policies and all condemnation awards or payments now or later to be made by any NWk body or decree by any court of competent jurisdiction for any taking or in connection wish any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Land, Improvements or the other Collateral described herein or any part of that Collateral, or breach of warranty in connection with the construction Improvements. including causes of action arising in tort, contract, fraud or concealment of a material; 1.1.11 Miscellaneous Personal Property. Any and all personal property of any kind whatsoever, whether tangible or intangible, that is used or will be used In construction of, or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of, the Land or Improvements; 1.1.12 Books and Records. All books and records pertaining to any and all of the property described above, including records stored on computer readable media, and a limited sublicense to use the computer hardware or software necessary to access such records (Books and Records"); Deed or Trust (00252844-4) Page 3 of 26 Public Record Order I3Doc: created y: sriolstine 1.1.13 Additional Properly. Any additional personal property otherwise set forth herein or listed on any UCC -1 financing statement filed to perfect Lenders security interest hereunder; 1.1.14 Rights of Declarent. All of Borrower's right, title and interest in and to any and all units, declarant rights, and any other rights relating to the land or the Improvements, whether now existing or subsequently arising, under any and aft covenants, conditions, restrictions, development agreements, laws or other agreements now existing or later enacled relating to the Land and Improvements, including, without limitation, those relating to condominiums: and 1,1.15 Proceeds. All proceeds of, supporting obligations for, additions and accretions to, substitutions and replacements for, and charges in any of the property described above_ The Land. Improvements, related real property, and sit personal property now or hereafter inslalied on or used in connection with the Land and/or Improvements are collectively referred to herein as the 'Project."The Project constitutes the bulk of, but not the entirety of, the Collateral_ 1.2 Secured Obligations. Borrower makes the grant conveyance, transfer and assignment set forth in Section 1.1 and grants the security interest set forth in Section 2.1 for the purpose of securing 1ho following obligations {the 'Secured Obfigatkm) in any order of priority that Lender may choose: 1.2.1 Promissory Note. Payment of all obligations at any time owing under that certain Promissory Note payable by Borrower, as maker, to the order of Lender or order, executed concurrently herewith (the "Nate), evidencing a loan Irom Lender to Borrower in the maximum outstanding principal amount of ONE MILLION FOUR HUNDRED FIFTY THOUSAND AND N01100 DOLLARS1( 1,45Q.NQ,% (the -Loan), together with interest thereon at a variable rate and any modifications, extensions or renewals thereof, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes, 1.2.2 Loan Documents. Payment andlor performance of each and every other obligation of Borrower under the Note. this Deed of Trust, any loan facility agreement executed in conjunction therewith (the 'Loan Agmernew), all other documents evidencing, securing, or otherwise governing the Lean (specifically excluding, however, for purposes of establishing the Secured Obligations, any obligations of Borrower arising under any guaranty of the Secured Obfigatons or any indamnity agreement (each an 'tndemnfty Agreement) that by its terms is not secured hereby), and any and ail amendments, modifications, and supplements thereto (collectively, the 'Loan Documents), the provisions of which are incorporated herein by this reference; 1.2.3 Obligations Referencing Deed of Trust. Payment to Lender of any additional Indebtedness and further sums andlor performance of such further obligations as Borrower or any individual or entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control, with Borrower, including, without limitation, any general or limited partnership in which Borrower is a partner (collectivety, "Borrower's Aifrllates) may undertake to pay and/or perform (whether as principal, surety, or guarantor) for the benefit of Lender, ifs successors or assigns, when such borrowing and/or obligations are evidenced by a written instrurnent reciting that it or they are secured by Ibis Deed of Trust (collectively, if any, the 'Related Loans): and 1.2.4 Modifications and Amendments. Payment and performance of all amendments, modifications, extensions and renewals, however evidenced of any of the Secured Obligations. All persons who may have or acquire an Interest in all or any part of the Collateral will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or Instrument made or entered into in connection with each of the Secured Obligations. SECURITY AGREEMENT. 2.1 Grant of Security Interest, This Deed of Trust creates a lien on the Collateral, and constitutes an absolute assignment of the Rents, Issues and Profits and of the Leases, all in laver of Lender, and includes all property now or hereafter affixed or attached to or incorporated upon the Land and Improvements, which, to the fullest extent pemitted by law, shall be deemed fixtures and a part of the real property. To the extent that any part of the Collateral or Rents, Issues and Profits and Leases may be, or are determined to be, personal property, Borrower, as debtor, hereby grants to Lender, as secured party, a security interest in such part of the Dead of Trust (e0262844.4j Page 4 or 26 Public Record Order oc: - r 1 rI , Colbleral and Rents, Issues and Profits and Leases as is determined to be personal property, to secure payment and performance of the Secured Obligations. As to such personal property, this Deed of Trust constitutes a security agreement under the Uniform Commerclal Code of the state in which the Project is located (the Slam'). and terms used to describe the Collateral in Section 1 of this feed of Trust shall have the definitions ascribed to such Perms under the Uniform Commercial Code of the State. 2.2 Pertactlon of Security Interest. Borrower hereby authorizes Lender to file one or more financing statements, continuation statements, financing statement amendments, and. such other documents as Lender may from tune to time require to perfect and continue the perfection of Lenders security Interest in any pan of the Coflateral or the Rents, Issues and Profits and Leases. Borrower shall pay all tees and costs that Lender may incur in filing such documents in public offices and in obtaining such record searches as tender may reasonably require_ It any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall not be construed as in any way derogating from of impairing the declaration and the stated intention of the parties hereto that the Collateral and all components thereof are, to the maximum extent possible, real property or otherwise impair the rights or obllgallons of the parties under this Deed of Trust. 3. FIXTURE FILING, This Deed of Trust constitutes a financing statement filed as a Ilxlure filing under the Uniform Commercial Code in effect In the State. as amended or recodified from time to time, covering any part of the Collateral that rww is or later may become fixtures attached to the Land or Improvements. The record owner of the land is Borrower. 4, ASSIGNMENT OF CONTRACTS AND PLANS. 4.1 Assignment o1 Contracts and Plans. As security for the Loan, Borrower hereby assigns, transfers, and pledges to Lender all of as right, title and interest In and to the Contracts and Plans identified above. 4,2 Security. This assignment and pledge set forth in this Section is for security purposes only, and is made to secure payment of all amounts and performance of each and every obligation of Borrower under the Loan Documents and under any other instrument executed by Borrower with respect to the Cotlateral. 4.3 Reliance by Other Periles_ The assignment and pledge set forth in this Section shall be conclusive evidence of Lender's rights hereunder and may be relied upon by any architect, engineer, Construction contractor or subcontractor, supplier of materials or labor, or other party to any of the Contracts. 4.4 Lender Authorized to Demand Performance- Upcn the occurrence of a default under any of the Loan Documents, Borrower hereby authorizes Lender, and for this purpose irrevocably constitutes and appoints Lender as its attomeyin•fact, coupled with an interest, to use the Plans for further development and construction on the Project, to demand, receive, and enforce Borrower's fights under the Contracts, to make payments and give appropriate receipts. releases and satisfactions under such Contracts, and to perform any and all acts with respect to the Contracts or Plans that Lender deems necessary or desirable, all on behalf of and in the name of Borrower, or at Lenders option in Lenders own name, with the same force and effect as it performed by Borrower. Lender may also reassign its rights hereunder to another person designated by Lender, who shall have the same rights to enforce the Contracts and utilize the Plans. 4.5 No Modification or Further "rimenl. Without Lenders prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Borrower will not: (i) make any amendments or modifications in the Gontracts that are materially adverse to Borrower, or (il) assign, pledge, mortgage, or otherwise transfer or encumber any of its right, title, or interest In any of the Contracts or Plans while any of Borrowers obligations under the Loan Documents remain unfulfilled. 4.6 Lender Not Liable. Lender's acceptance of thls assignment of Borrower's rights In the Contracts and Plans does not constitute an assumption by Lender of any obligations whatsoever relating to such Contracts or Plans. Accordingly, Lender shall have no liability to any other party to such Contracts or preparer of such Plans unless or until Lender assumes in writing the obligations relating to such Contracts or Plans. II Lender designates a receiver, contractor, or other party to oversee administration of the Contracts and completion of the Owed at Trust (00262$444) Page 5 0l 26 Public Record UrUer: cc: a created nn e development of the Project, the obligations under such Contracts or relating to such Plans shall be assumed and performed by such designee, and Lender shall have no liability whatsoever with respect to those obligations. 4.7 Borrower's Representations, Warranties, and Covenants- Borrower represents and warrants to Lender (i) there have been no prior assignments of Borrower's interest In the Contracts and Plans; (5) Borrower has full power and authority to assign its right, title and interest in the Contracts and Plans to Lender and, with respect to the assignment o1 each Contract or Plan, either: (a) Borrower has obtained and delivered to Lender a consent to such assignment In a form satisfactory to Lender, or (b) no consents or approvals of any persons or entities under such Contract or Plan are necessary for Borrower to validly sign, deliver and Worm this assignment; and (illi) the Contracts constitute valid and binding agreements, enforceable against both Borrower and the other party or parties in accordance with their terms, and neither Borrower nor, to the best of Borrower's knowledge, any other party to such Contracts is in default under the terms of such Contracts, except for any defaults already disclosed by Borrower to Lender in writing. 4.8 Default. Lender shail have no right under this Section to enforce Borrower's rights with respect to the Contracts or Plans until Borrower shall be in default under any of its abligat'rons to Lender under any instrument, document or agreement related to the Loan or the Project. Upon the occurrence of any such default, Lender may, without affecting any of its other rights or remedies against Borrower hereunder or under any other Instrument, document or agreement, exercise its rights under the assignment and pledge set forth In this Section or in any other mannor permitted by law, and in addition Lender shall have and possess, without limitation, any and all rights and remedies of a secured party under the Uniform Commercial Code in effect in the State or as otherwise provided by the laws of such State. 4.9 indemnity, Borrower will indemnity and hold Lender harmless from and against any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses, Including without limitation reasonable attorneys' fees and costs incurred, to which Lender may become exposed or which Lender may incur in exeroising any of its rights under Borrower's assignment of the Contracts and Pians. ASSIGNMENT OF RENTS. 5.1 Leasing. Borrower shall not lease the Project or any part thereof unless permitted under the Loan Agreement or by other express written consent of Lender, and then only strictly In accordance with such agreement. Notwithstanding the foregotng, however, any and all Leases at the Project, whether or not entered into with the consent o1 Lender, shall be subject to the provisions of this Section S. 5.2 Assignment. Borrower hereby irrevocably, presently, absolutely and unconditionally assigns and transfers to Lender: (i) the Rents. Issues and Prolits; (ii) all Leases, and (Ili) any and all guaranlees of any obligations of any lessee under each of the Leases (a 'Lessee')- The assignments in this Section are absolute assignments and Irrevocable from Bonower to Lender and not merely the passing of security interests or assignments for security only. 5-3 Grant of License. Lender hereby confers upon Borrower a license ("License) to collect and retain the Rents, Issues and Profits as they become due and payable, and to administer the Leases, so long as no Event of Default, as defined in Section 7.1, shall exist and be continuing. I1 an Event of Default has occurred and is continuing, such License shall terminate without notice to or demand upon Borrower, without regard to the adequacy of Lender's security under this Beed of Trust. 5.4 Collection and Application of Pleats, tssues and Profits. 5.4.1 Rlght to Collect; Attorney In Fact. Subject to the License granted to RQUOwer under the above Section. Lender has the right, power, and authority to collect any and all Rents. ISSues and Profits and administer the Leases. Borrower hereby appoints Lender ifs attomey-in-tali. coupled with an interest, to, at such times as Lender may choose in its sole discretion: (i) demand, receive and enforce payment of any and all Rents, Issues and Profits; (ii) give receipts, releases and satisfactions for any and all Rents. Issues and Profits; or (iii) sue either in the name of Borrower arKYor in the name of Lender for any and all Rents. Issues and Profits. Deed of Trust (00262844-4) Page 6 of 203 Public Record r er: OC: o Zb Crea: i5tine FrintM 5.4.2 Possession of Project not Required. Lender's right to the Rents, Issues and Prolils does not depend on whether or not Lender takes possession of the Project as permi led hereunder.:( an Event of Delauh occurs while Lender Is In possession of all or pan of the Project and is collecting and applying Rents, Issues and Profits as permitted under this Deed of Trust, Lender, Trustee, and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity. 5-5 Enforcement of Leases. Borrower will (i) comply with and observe Borrowers obligations as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free Irorn any right of counterdaim, delense or set off, (ii) enforce the performance of each and every obligation, term, covenant, condition and agreement in the Leases by the tenants to be perforrtted, (iii) notify Lender of the occurrence of any delault under any Leases for non-residenlial use, and (iv) appear in and defend any action or proceeding arising under, occurring out of, or In any manner connected with the Leases or the obligations, duties, or liabilities of Borrower or the tenants thereunder. Without Lender's written consent, Borrower will not collect or accept payment of any Rents irons the Collateral more than one (1) month prior to the due dates thereof; will not Surrender or terminate any Lease for non-residential use; and will not request or consent to the subordination of any Lease to any lien subordinate to this Deed of Trust. 5.6 Lender Not Responsible, Llrrder no circumstances shall Lender have any duty to produce Rents, Issues and Profits from the Project. Regardless of whether or not Lender, in person or by agent, takes actual possession of the Project, Lender is not and shall not be deemed to be: (1) a "mortgagee In possession" for any purpose; (ii) responsible for performing any of the obligations of the lessor under any Lease; (iii) responsible for any waste committed by Lessees or any other parties, any dangerous or detective condition of the Project, or any negligence in the management, upkeep, repair or control of the Project; or (iv) liable in any manner for the Project or the use, occupancy, eryoymenl or operation of all or any pail of it, except lot such matters as may arise (torn the w0ul misconduct and bad faith of Lender. RIGHTS AND DEITIES 4F THE PARTIES. 6.1 Performance of Secured Obligations. Borrower shall promptly pay and perform each Secured Obligation in accordance with its terms. 6.2 Representations and Werrantfe9. Borrower represents and warrants that: 6.2.1 Commercial Purposes, The Loan and the other Secured Obligations were obtained by Borrower and will continue to be used for commercial or business purposes, other than agricultural, timber, or grazing purposes; and not for personal, family or household purposes. 6.2-2 Tftla to Land and Improvements. Borrower holds good and indefeasible lee simple title to all of the Land and Improvements, subject only to such exceptions and encumbrances as have been approved in writing by Lender (the "P 70fed Exceptions'), and Borrower has or will have good title to ail portions of the Collaterat other than the Lara! and Improvements. 6.2.3 Title to Personal Property- Borrower owns any portion of the Collateral that is personal property free and clear of any security agreements, reservations of title, or conditional sales contracts, and there is no financing statement affecting such personal property on file in any public office. 6-2.4 Right to EncumberlPriorlty. Borrower has the lull and unlimited power, right, and authority to encumber the Collateral and assign the Rents, Issues and Profits and Leases. Upon recording of this Deed of Trust and filing of a UCC Financing Statement with respect to any portion of the Collateral that is determined to be personal property, this Deed of Trust will create a first and prior lien on and security interest In the Collateral that Is subject and subordinate to no other Gens except for the Permitted Exceptions. 6.3 Taxes and Assessments, borrower shall pay or cause to be paid when due, all general real and personal property taxes, special and supplemental real and personal property taxes and assessments, license tees, lioonse taxes, levies, charges, penalties, or other lazes or similar impositions imposed by any public or quasi -public: authority or utility company that are or may become a lien upon the Collateral. Deed of Trust (00262944.41 Page 7 of 26 ePublic Recod a a s n n Borrower shall also pay when due all real property tares, assessments, levies and charges imposed by any public authority upon Lender by reason of its interest in the Collateral created hereby. All of the foregoing taxes, assessments and other charges payable by Borrower with respect to the Collateral are collectively referred to as the -impositions.' If requested by Lender, Borrower shall furnish Lender with receipts from the appropriate taxing aulhodty or other proof satisfactory to Lender that all Impositions have been paid on or before the date upon which they become delinquent. 6.4 Llens, Charges and Encumbrances. Borrower shall not encumber or permit the encumbrance of the C-0ateral without Lender's prior written consent and Borrower shall immediately, discharge any lien on the Collateral to which Lender has not consented In writing. Borrower shall pay or cause to be paid when due all obligations secured by or reducible to Ilan and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any part thereof, all claims for work or labor performed, or materials or supplies furnished, in connection with any work upon the Project, whether the lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided, however, that Borrower shall not be in default hereunder due to any such lien, charge, or encumbrance that is a Permitted Exception. Lender hereby expressly reserves the right to advance any and all funds necessary to cure any and an such obligations, andior claims. 8.5 required Insurance. Borrower shall maintain insurance coverages in effect with respect to the Collateral in accordance with the Insurance requirements of Lender set forth in the Loan Facility Agreement between Borrower and Redmond Construction Capital, LLG, dated July 20, 2011. Each insurance policy shall be with a company and in a form acceptable to Lender, as determined by Lender in its reasonable discretion, and shall name Lender as an additional insured. 6.6 Insurance and Condemnallon Proceeds. 6.6.1 Payment to Lender. Borrower hereby absolutely and irrevocably assigns to Lender, and authorizes the payor to pay to Lender, the loilowing claims, causes of action, awards, payments and rights to payment, together with all interest that may accrue thereon {collectively, the 'Claims'): 6.6.1.1 Condemnation Awards. All awards of damages and all other compensation payable directly or indirectly because of a condemnation, proposed condemnation, or taking for public or private use that affects all or part of the Collateral or any interest in it: 6.6.1.2 Warranty Claims. All awards, claims, and causes of action arising out of any warranty affecting all or any part of the Collateral, or for damage or injury to or decrease In value of ail or part of the Collateral or any interest in it; and 6.6.1,3 Insurance Proceeds, All proceeds of any insurance policies payable because of damage or loss sustained to aA or part of the Collateral. 6.6.2 Notice to Lender. Borrower shall immediately notify Lender in writing if: (i) any damage occurs or any injury or loss Is sustained to all or part of the Collateral, whether or not covered by insurance or warranty, or any action or proceeding relating to any such damage. irqury. or toss Is commenced; or (ii) any offer is made, or any action or proceeding is commenced, that relates to any actual or proposed condemnation or taking of all or part of the Collateral. 6-6.3 Pursull of Claims. Borrower shall pursue recovery of all such Claims and defend its rights under any proceeding for condemnation of the Collateral or any part thereof and prosecute the same with due diligence to its final disposlGon, and shall cause any awards or settlements to be paid over 10 Lender for disposition pursuant to the terms of this Deed of Trust. Lender may, at Lender's option and in Lenders sole discretion, as attorney-in-fact for Borrower, make proof of loss and adjust and compromise any Claims, appear in or prosecute any action or proceeding 10 enforce the Claims, or participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral, and may join Borrower in adjusting any loss covered by Insurance. Borrower shall deliver or cause to be delivered to Lender such instruments as may be requested by Lender from time to time to permit Lender to take any such actions. 6.6.4 Application of Proceeds_ All proceeds of the Claims that Borrower may receive or be entitled to receive shall be paid to Lender. Lender shall apply any proceeds received by it hereunder Deed of Trust (00262944.4) Pago a of 26 Public Rccord Order: oc: ge 6 Of reatW Lsy: Shot9ine Printed: first to the payment of the reasonable costs and expenses incurred In the collection of the proceeds, Lender shall then apply rhe remaining balance of such proceeds (the Net Claims Proceeds"), in its absolute discretion and without regard to the adequacy of its security: (i) to any of the Secured Obligations, notwithstanding the fact that Secured Obligations may not be due according to the terms thereof; (ii) to reimburse Borrower for the costs of reconstructing the Improvements or otherwise repairing or restoring the Collateral; or (iii) to Borrower; provided, however, that if there are no outstanding Events of Default under any of rho Loan Documents and Borrower establishes, to Lender's reasonabla satisfaction, that Borrower has suffident funds, including the Net Claims Proceeds, to fully rebuild or repair the Collateral within the remaining term of the Loan and without delaying the completion dale of the Project, Lender shalt make disbursements of the Net Claims Proceeds for purposes of repair or restoration of the Collateral. 6.6.5 Restoration. It the Net Claims Proceeds are used to reimburse Borrower for the oast of reconstruction, restoration, or repair of the Collateral, the Collateral shall be promptly and diligently restored by Borrower to the equivalent of its condition immediately prior to the casualty or condemnation in accordance with the Plans or to such other condition as Lender may approve in writing, and: disbursements of such Net Claims Proceeds shall be in accordance with disbursement procedures acceptable to Lender. If, after applying the Net Claims Proceeds to the Secured Obligations, tender reasonably determines the remaining security to be inadequate to secure the remaining Secured Obligations, Borrower shall, upon written demand from Lender, repay an amount that will reduce the remaining Secured Obligations to a balance for which adequate security is present. 6.7 Reserves for Taxes and Insurance. It required by Lender after an Event of Default has occurred, Borrower shall deposit with Lender, in monthly installments, an amount equal to one -twelfth of the estimated aggregate annual Impositions and insurance premiums for the Project. In such event. Borrower shall cause all bills, statements, or other documents relating to the Impositions and insurance premiums to he sent or mailed directly to Lender. Upon receipt of such bills, statements or other documents, and provided Borrower has funds with tender pursuant to this Section, Lender shah pay such amounts as may be due thereunder out of the funds so deposited with Lender. If at any time and for any reason the funds deposited with Lender are or will be insufficient 10 pay such amounts as may then or subsequently be due, Lender shalt notify Borrower and Borrower shall immediately deposit an amount equal to such deficiency with Lender. Notwithstanding the foregoing, nothing contained herein shall cause Lender to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Lender pursuant to this Section. Lender may commingle said reserve with its own funds and Borrower shall be entitled to no interest thereon. 6.6 Maintenance and Preservation of the Collateral. Borrower covenants: (i) to maintain and preserve the Collateral in good condition and repair and in a prudent businesslike manor; (ii) not to remove, demolish or stnieturally after the Collateral or any part thereof, or after, restore or add to the Collateral, or Initiate or allow any change in any zoning or other land use ctassification that affects the Collatoral or any part of it, except with Lenders express prior written consent, and except such afterallons as may be required by lam, ordinances, rules, regulations, or orders of governmental authorities or by the terms hereof; (iii) to comply with and not suffer violations of any existing and future subdivision laws, building codes, zoning laws and regulations, and other laws, regulations, ordinances, rules, codes, orders, directives, guidelines, building restrictions and requirements of, and all agreements with and commitments to, all federal, state, county or municipal governmental, judicial or legal authorities or agencies having jurisdiction over the Borrower or the Project, including those pertaining to the construction, sale, lease, or financing of the Improvements, and all recorded covenants and restrictions affecting the Project (the 'Requirements), (iv) not to commit or permit any waste to or deterioration of the Collateral; (v) to perform W other ads that from the character or use of the Collaleral may be reasonably necessary to maintain and preserve its value; (vi) to perform all obligations required to be performed under the Loan Documents, and all other obligations of Borrower pertaining to the Collateral; and (vii) to execute and, where appropriate, acknowledge and deliver such further instruments as Lender or Trustee may deem necessary or appropriate to preserve, continue, perfect and enjoy the security provided for herein. 6.9 Right of Inspection. Lender, its agents, employees and representatives shall have the right to enter the Project at any reasonable time for the purpose of inspecting the Project and ascertaining Borrowers compliance with the terms hereof, and for such other purposes and in accordance with the terms specified in any of the other Loan Documents. Deed of Trust {00262944-41 Page 9 of 26 Public Record Order: eae :s osiPri-M: 81872M 3.11:03 FM PSI 6.10 defense and Notice of Actions; Costs. Borrower shall, without liability, cost, or expense to Lender or Trustee, protect, preserve, and defend Borrower's fee interest in and to the Project and Borrowers interest in the Collateral, the security of this deed of Trust, any additional or other security for the Secured Obligations, and the rights or powers of Lender or Trustee hereunder against all adverse claims. Said protection, preservation, and defense shall include, but not be limited to, protection, preservation and defense against all adverse claimants to and encumbrancers of Borrower's interest in the Collateral, whether or not such claimants or encumbrancers assert an interest paramount to that of Lender. Borrower shall give Lender and Truslee prompt notice in writing of the filing of any such action or proceeding. Borrower shall pay all costs, fees, and expenses including, without limitation, costs of evidence of title, trustees' lees, and reasonable attorney$' fees paid or incurred in any action or prooeeding in which Lender and/or Trustee may appear or be made a party, whether or not pursued to final judgment, and in any exercise of the power of sate or other remedy contained herein, whether or not such sale is actually consummated or such other remedy is actually prosecuted to Completion. 6.11 Matters Concerning Trustee; Actions of Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, becomes a public record as provided by law. 6.11.1 Compensation. Borrower agrees to pay fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Lender and Trustee when the law provides no maximum limit, for any services that Lender or Trustee may render in connection with this Deed of Trust. Borrower further agrees to pay or reimburse Lender for all costs, expenses and other advances that may be incurred or made by Lender or Trustee In any efforts to enforce any terms of this Beed of Trust, whether any lawsuit is Sled or not, or in defending any action of proceeding arising under or relating to this Deed of Trust, including reasonable atiomeys' fees and other legal costs, costs of any loreclosure sale or bankruptcy proceeding affecting the Borrower or the Collateral, and any cost of evidence of title. 6.11.2 Indemnifleatlon. Borrower agrees to indemnify Trustee and Lender against and hold each of them and their respective officers, employees, agents, and representatives, harmless from and against any and all losses, damages, flabililies, claims, causes of action, judgments, court costs, reasonable attorneys' fees, and other legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses that either may reasonably suffer or incur, (i) in performing any act required or permitted by this Deed of Trust or any of the other Loan Documents or try law-, (it) because of any failure of Borrower to perform any of its $ecu red Obllgations; or (iii) because of any alleged obligation of or undertaking by Lender to perform or discharge any of the representafrons, warranties, conditions. covenants or other obligations in any document relating to the Collateral other than the Loan Documents. This agreement by Borrower to indemnify Trustee and Lender shall survive the release and cancellation of any or all of the Secured Obligations and the full or partial release and/or reconveyance of this Deed of Trust. 6.11.3 Exculpation. Lender shall not be directly or indirectly liable to Borrower or any other person as a consequence of: (€) Lenders exercise o1 or failure to exercise any rights, remedies, or powers granted to it in this teed of Trust or to perform or discharge any obligation or liability of Borrower under any agreement related to the Collateral or under this Deed of Trust; or (ii) any loss sustained by Borrower or any third party resulting from any act or omission of Lender in managing the Project, unless the loss is caused by the willful misconduct or gross negligence of Lender. Borrower hereby expressly waives and releases all liability of the types described above, and agrees that no such liability shall be asserted against or imposed upon Lender. 6.11.4 Payment by Borrower. Borrower shall fulfill all obligations to pay money arising under this Section immediately upon demand by Trustee or under. Each such obligation shalt be added to, and considered to be part of, the principal of the Note, and shall bear interest from the date the obligation arises at the rate applicable 10 the principal, balance of the Note, as such rate may be adjusted. 6.12 Permitted Actions of tender and/or Trustee. 6.12.1 Releasee, Ertenslans, Modtf3callon, and Additional Security. From lime to lime. Lender may perform any of the following acts without Incurring any liability or giving notice to any person: (1) release any person liable for payment of any Secured Obligation; (ii) extend the time for payment, or otherwise alter the teras of payment, of any Secured Obligation; (Iii) accept additional real or personal property of any kind as security for any Secured Obllgation: or (iv) alter, substitute. or release all or any portion of the Collateral. Deed d Trust (002621344.4) Page 10 of 26 Public Record OfTel'! N:Page 10 a rey.sosnPrinted; 6.12.2 Additional Actions, From time to time Lender, or Trustee when requested to do so by Lender in writing, may perform any of the following acts without incurring any liability or giving notice to any person and without affecting the personal liability of any person for payment or xerlormance of any of the Secured Obligations: (i) consent to the making of any plat or map of the Project or any part of it; (ii) join in granting any easement or creating any covenant or restriction affecting the Project; (iii)yoin in any extension, subordination, or other agreement affecting this Deed of Trust or the Ilen of it; or (iv) reoonvey the Collateral or any part of it without any warranty. 6.13 (Intentionally Omltled) 6.14 Full Reconveyance. When all of the Secured Obligations have been paid and performed in full and there exists no default under the Loan or any Related Loan, Lender shall recluesl Trustee in writing to reconvey the Collateral, and shall surrender this Deed of Trust and all notes and instruments ovidonCing the Secured Obligations to Trustee. When Trustee receives Lender's written request for reconveyance and all reconveyance fees, recording fees, or other fees and expenses owing to it by Bonoyeer hereunder, Trustee shall reconvey the Collateral, or so much of it as Is then held under this Deed of Trust, without warranty to the person or persons legally entitled to it. In the reconveyance, the grantee may be described as "the person or persons legally entitled thereto," and the recitals of any matters or lacts shall bo conclusive proof of their truthfulness. Neither Lender nor Trustee shall have any duty to determine the rigftt of persons claiming to be rightful grantees of any reconveyance. 6.15 Late Charge, If Borrower commits an Event of Default In the payment of an amount due and payable under this Deed of Trust, a late change as specified in and measured by the Nate may be charged by Lender for the purpose of defraying the extra administrative expenses incident to handling such delinquent payment and the loss of the use of funds resulting from Borrower's non-payment when due. Such tato charge shall be paid without prejudice to the rights of the holder of the Note to collect any other amounts provided to be paid thereunder. 6.16 Subrogation. Lender shall be subrogated to the liens of all encumbrances, whether released of record or not, that are discharged in whole or In part by Lender in accordance with this Deed of Trust or wilh the proceeds of the Loan_ 6.17 Notice of Change. Borrower shalt give Lender prior written notice of any change in: (i) the location of IIs place of business or its cNel executive office it it has more than one place of business; (ii) the location of any of the Collateral, including the Books and Records; and (iii) Borrower's name or buslness structure. Unless approved by Lender in writing, aN Collateral that consists of personal property (other than the Books and Records) will be located at the Project and all Books and Records will be located at Borrower's place of business, or chief executive office if Borrower has more than one place of business. DEFAULTS AND REMEDIES. 7.1 Events of Default. The occurrence of anyone or more of the following shag constitute an 'Event of Default"., 7.1.1 Payment Default. Failure to make any payment of to perform an obligation to pay money that arlses under the Note or arty of the other Loan Documents; subject to any applicable grace period; 7.1,2 Default Under Loan Documents, An Event of Default occurs as defined under the Loan Agreement or any other Loan Document; 7.1.3 Default Under Related Loan Documents. An Event of Default occurs as dolined in and arising under any document evidencing, securing, or otherwise governing any Related Loan (collectively, if any, the "related Loan Documents"); 7.1.4 [intentionally dole" Deed of Trust 100262844-41 Page 11 01 n Public Record Urder: oC: ge or e Printed: 7.1.5 Unauthorized Transfer, A transfer, purported transfer, or change of ownership or control of Borrower or any guarantor In violation at Section B. 7.1.6 Security Impaired. There is an uninsured casualty wilh respect to any material portion of the Collateral and Borrower fails to immediately repair such damage, Borrower tails to satisfy the conditions set forth in the Deed of Trust for the release of insurance proceeds or any condemnation award, or, whether or not Lender has received and applied insurance proceeds or any condemnation award to the Secured Obligations in accordance with the Deed of Trust, Lender reasonably determines that Its security is impaired by such casualty or condemnation. 7.2 Rights and Remedies. At any time alter the occurrence of an Event of Default hereunder, Lender and/or Trustee shall have all of the rights and remedies described below, in addition to any other rights and remedies of lender under the Loan Agreement, the other Loan Documents, or the Related Loan Documents. To the tullest extent permitted by law, all of such rights and remedies shall be cumulative and the exercise at anyone or more of them shall not constitute an election of remedies; 7.2.1 Receiver. 11 an Event of Default shall have occurred and be continuing, Lender may, as a matter of right and without regard to the then -current value of the Collateral or the interest of Borrower therein or the sufficiency of the security Ion repayment and Wormance of the Secured Obligations, upon ex parte application and without notice to Borrower or anyone claiming under Borrower, and without any showing of insolvency, traud or mismanagement on the part of Borrower, and without the necessity of filing any judicial or other proceeding other than the proceeding for appointment of a receiver, apply to any court having jurisdiction to appoint a receiver or receivers for the Collaterat or any portion thereof, and of the Rents, Issues and Profits, and Borrower hereby irrevocably consents to the appointment of a receiver or receivers upon such Event of Default. Any such receiver shall have the usual powers and duties of receivers in like or similar cases and all the powers and duties of Lender set forth in this Deed of Trust or any of the other Loan Documents. Employment by Lender shall not disqualify a person from serving as receiver. 7.2.2 Cure; Protectlon of Security. With or wfthout notice, and without releasing Borrower from any obligafion hereunder, Lender may (but shall not be obligated to) cure any breach or default of Borrower and, if it chooses to do so in its We discretion, make such advances and do any and all other things that it may in its sole discretion consider necessary and appropriate to protect its Collateral and the security of this Deed of Trust. In addition to and without limitation of the foregoing, it Borrower has faied to keep or perform any covenant whatsoever contained in this Deed of Trust or the other Loan Documents, Lender may, but shall not be obligated to any person 10 do so, perform or attempt to perform said covenant, and any payment made or expense incurred in the performance or attempted performance of any covenant shall be and become a part of the Secured Obligations, and Borrower promises, upon demand, to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the dale when paid or Incurred by Lender at the deiauft rate of interest provided in the Note. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the liens and security interests hereol, Lender shall be subrogated to all rights, Titles, liens, and security interests securing the payment of any debt, claim, tax, or assessment for the payment of which Lender may make an advance, or which Lender may pay. 7.2.3 Entry. Lender, in person, by agent, or by court-appointed receiver, with or withoul bringing any action or proceeding, may terminate Borrower's right and license to coNed the Rerrts, Issues and Profits and to administer the Leases, and enter, lake possession of, complete construction on, manage and operate, and lease or sell, all or any part of the Collateral, and may also do any and all odd things in cOnneCtlon with those actions that Lender may In its so4e discretion consider necessary or appropriate to protect the security of this Deed of Trust or that are otherwise permitted to be taken or conducted by Lender under the Loan Agreement. 0 Lender so requests Borrower shall assemble any Collateral that has been removed from the Project and make all of it available to Lender at the Project site, The entering upon and taking possession of the Project the collection of the Rents. Issues and Profits and the application thereof as atoresaid, or any of such acts, shall not cure or waive any default or notice of default hereunder or invalidate any other right or remedy that Lander may have in response to such defautt or pursuant to such notice and, notwithstanding the continued possession at the Project or the collection, receipt, and application of the Rents. Issues and Profits by Lender, Trustee, or Lender's receiver or agent, Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Documents or by law upon the occurrence of any Event of Default. Deed of Trtut (WM044-41 Page 42 of 26 Public Record r er. oC:ZU1ZU!)UqUU1'fbt) Page 12 or 26 CreatMy: s rinted; tslojLuil 3:11:06 FM FA 7.2.4 Uniform Commercial Code Remedies. With respect to aA or any part of the Collateral that constitutes personal property, Lender shall have all of, and may exercise any or all of. the rights and remedies of a secured party under the Uniform Commercial Code in effect in the State. 7.2,5 Judicial Action. Lender may commence and maintain an action or actions, at law or in equity, in any court of Competent jurisdiction, to enforce the payment and/or porformance of the Secured Obligations ('including, without limitation, to obtain specific enforcement of the covenants of Borrower hereunder, and Borrower agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy), to foreclose the ions and security interests of this Deed of Trust as against all or any pan of the Collateral, and To have all or any part of the Collateral sold under the judgment or decree o1 a court of competent jurisdiction. Borrower hereby waives the defense of laches and any applicable statute of limitations. II this Deed of Trust is foreclosed by judicial action, and the Coflateral sold at a foreclosure sale, the purchaser may, during any redemption period allowed, matte such repairs or alterations on the Land as may be reasonably necessary for the proper operation, care, preservatiork protection and insuring thereof_ Any sums so paid together with Interest thereon from the time of such expenditure at the lesser of the default rate under the Note, or the maximum rate permitted by law, shall be added to and become a part of the amount required to be paid for redemption from such safe. In addition, Lender will be entitled to a judgment providing that, it the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the deficiency. 71.6 Realization an Security_ Lender may resort to and realize upon or waive the security hereunder and any other security now or hereafter held by Lender in such order and manner as Trustee and Lender or either of them may, in their sole discretion, determine; which resort to such security may be taken concurrently or successively and In one or several consolidated or Independent judicial actions or lawfully taken nonjudiclal proceedings, or both. 7.2.7 Power of Sala. Lender may execute a written notice of such Event of Default and of its election to invoke the Trustee's power of safe to cause all or part of the Collateral to be sold to satisfy the Secured Obligations. Under this power of sale, Lender and Trustee shall have the discretionary right to cause some Or all of the Collateral, including any Collateral property that constitutes personal property, to be sold or Otherwise disposed of in any combination and in any manner permitled by applicable law_ 7.2,7,1 Sales of Personal Property. For purposes 01 this power Of sale, Lender and Trustee may elect to treat as personal property any Collateral property that is intangible or that can be sovered from the Land or Improvements without causing structural damage. H it chooses to do so, Lender may dispose of any personal property separately from the sale of real property, In any manner permitted by the Uniform Commercial Code In effect in the State, including any public or private sate, or in any manner permitted by any other applicable law. Lender shall have no obligation to clean-up or otherwise prepare any such Collateral for sale. Any proceeds of any such disposition shall not cure any Event of Delautt or reinstate any Secured Obligation. 7.2.7.2 Trustee's Sales of Real Property or Mixed t;,ollateral. Leader and Trustee may also choose to dispose of some or all of the Collateral Ihat consisls solely of real property in any manner thea permitted by applicable law. to their discretion, Lender and Trustee may also or alternatively choose to dispose of some or all of the Collateral in any combination consisting of both real and personal properly, together in one sale to be held In accordance with the law and procedures applicable to real property, it and as permitted In the State. Borrower agrees that such a sale of personal property constitutes a commercii reasonable sale of the personal property. For purposes of this power of sale, either a safe of real property alone. or a sate of both real and personal property together, will sometimes be referred to as a "Trustee's Sale". 7.2.7.3 Trustees Sale Procedures. Belore any Trustee's Sale, Lender and/or Trustee shall give and record such notice of default and election 10 sell as may than be required by law. When all regally mandated time periods have elapsed, Trustee shall sell the property being sold at a public auction to be held at the time and place specified in the notice of sale, and Lear may impose such terms and conditions of sale as are permitted or allowed by applicable law_ From time to time in accordance with then applicable law, Trustee may, and In any event at Lender's request shall, continue any Trustee's Sale by public announcement at the time and place scheduled for that sale, or may, in its discretion, give a new notice of sate. Ai Lander may from time to time discontinue or rescind any notice of default or notice of safe before any Trustee's Sale as provided above, by executing and delivering to Trustee a written notice of such discontinuance Deed of Trust {00262844-4) Page 13 d 26 Public Record Crier: o: ge 13 126r y: shoisti Prinied: or rescission. The exercise by Lender of such righl of rescission shall not constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Lender to execute and deliver to Trustee, as above provided, other declarations or notices of default to satisfy the Secured Obligations, nor otherwise affect any provision, covenant, or condition of any Loan Document or Related Loan Documents, or any of the rights, obligations, or remedies of Trustee or Lender hereunder or thereunder. 7.2,7,4 lidding at Trustee's Sale. At any Trustee's Sale, Trustee shall sell to the highest bidder at public auction for cash in lawful money of the United Stales. Any person, other than Trustee, including, without limitation, Borrower or Lender, may purchase at such sale, and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers. Trustee shall execute and delver to the purchaser(s) at such sale a deed or deeds conveying the property being sold without any covenant or warranty whatsoever, express or implied. The recitals in any such deed of any matters or facts, including any fads bearing upon the regularity or validity of any Trustee's Sale, shall be conclusive proof o1 their truthfulness. 7.2.6 Single or Multiple Foreclosure Sales. If the Collateral consists of more than one lot, parcel, or item of property, Lender or if applicable Trustee may, (i) designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) elect to dispose of the lots, parcels and/or items through a sires consolidated sale or disposition to be held or made under the power of safe granted herein, or in connection with judicial proceedings, or by virtue of a judgment and decree of foredosure and saie; or through two or more such sales or dl5poSitionS, each of which may be separately noticed if so elected by Lender and permitted by applicable law; or in any other manner Lender may doom to be in its best interests (any such sale or disposition, a "Foreclosure Sore). if It chooses to have more than one Foreclosure Sale, Lender or if applicable Trustee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different limes and places and in such order as it may deem to be in its best Interests, all as may be permitted under applicable law. No Foreclosure Safe shall terminate or affect the lien o1 this Deed of Trust on any part of the Collateral that has not been sold until all of the Secured Obligations have been paid in full. 72.9 Determination of Fair Value. To the extent applicable law requires that the 'fair market value' or fair value' of the Project be determined as of the loreclesure date in order to enforce a deficiency against Borrower or any other party %able for repayment of the Secured Obligations, the term "fair market value" or "fair value" shall include those matters required by law and the add'Rional factors set forth below: 72.9,1 The Project shall be valued "as is" and "with all faults' and there shall be no assumption of restoration or refurbishment of Improvements, if any, after the date of the foreclosure. 7.2.9.2 An offset to the fair market value or fair value of the Project, as determined hereunder, shall be made by deducting from such value the reasonable estimated closing costs related to the sate of the Project, including but not limited to brokerage commissions, title policy expenses, tax pro -rations, escrow lees, and other common charges that are incurred by the seller of real property_ Borrower shall pay the costs of any appraisals and other expenses incurred in connection with any such determination of fair market value or fair value. 7.2.10 Releases, Extensions, ModRicatlon and Additional Security. Without affecting the liability of any person for payment of any of the Secured Obligations, Lender may make any agreement or take any action extending the malurily or otherwise altering the terms or increasing the amount of any of the Secured Obligations, and accept additional security or release all or a portion of the Collateral and/or other security for the Secured Obligations. 7,2.11 Acceieratlon Not Required. Lender may take any of the actions permitted under Sections 7.2.1 through 7.2.3 regardless of the adequacy of the security for the Secured obligations, or whether any or all of the Secured Obligations have been declared to be immediately, due and payable, or whether notice of default and election to sell has been given under this Deed of Trust. 7.2,12 Other Remedies. In addition to the foregoing, upon the occurrence of an Event of Default, Lender and/or Trustee shall have and may exercise any and all other rights and remedies available to them at taw or in equity. The exercise or failure to exercise any right or remedy available to Lender or Deed of Trust (00262844-4) Pace 14 o126 Public Record Order -Plage 14 of res a y: Trustee shall in no event be deemed or construed to be a waiver or release of any rights or remedies of Lender or Trustee under the Loan Documents or the Related Loan Documents, or at law or in equity_ 7.3 Payment of Costs, Expenses, and Attomeys' Fees. All costs and expenses reasonably incurred by Trustee and Lender in enforcing the remedies available to them hereunder or otherwise protecting the Collateral or other rights or interests of Lender (including, without limitation, court Costs and reasonable attorneys' fees, whether incurred in litigation or not, expenses for evidence of title, appraisals and surveys and trustees' fees, and costs and lees relating to any bankruptcy, reorganization, or insolvency proceeding) shall constitute an additional obligation of Borrower to Lender, Borrower shall immediately reimburse Lender and Trustee for all costs and expenses that Lender or Trustee may incur by reason of, or arising out of, of in connection with: (i) any Default; (ii) any action or proceeding in which Lender or Trustee may appear of commence to protect, preserve, exercise or enforce their rights, remedies or security Interests under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations sectrred by this Dead of Trust, or which otherwise relates to the Project, including ail appeals therefrom; (di) the performance of any act authorized or pemitted hereunder; and (iv) the exercise of any other rights or remedies under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations secured by this Deed of Trust, or otherwise relating, to the protection of Lender's or Tnustee's rights and interest hereunder or under any document or instrument evidencing the Secured Mgatkms secured hereby, whether or not a suit or proceeding is instituted. Such costs and expenses shall include without limitation the lees, charges and expenses of attorneys, engineers, amuntants, appraisers, expert witnesses, Consultants and other professional assistants and advisors, costs and expenses of searching records, examining pule and determining rights in, title to, or the value of, the Project, or the boundaries thereof, including but not limited 10 title company charges, title insurance premiums, surrey costs, publication costs, and of charges incident thereto, all whether or not a suit or proceeding is Instituted. Borrower agrees to and shall pay, immediately and without demand, all sums so expended by Lender or Trustee, together with interest from the data of expenditure, at the hlghesl legal interest rate then payable under the Loan Documents, ail of which sums plus Interest shall constitute additional Secured Obligations secured by this Deed of Trust. 7.4 Remedies Not Exclusive. Trustee artdlor Lender shall W entitled to enforce the payment and performance of any Secured Obligations and to exercise any and all rights, powers, and remedies under this Dead of Trust, any other Loan Document, or any Related Loan Document, notwithstanding the fact that some or all of the Secured Obtigalions may now or hereafter be otherwise secured. Trustee andfor Lender shall be entitled to enforce all such rights concurrently or separately, in such order and manner as they or either of therm may in their absolute discretion determine. No remedy is intended to be exclusive of any other remedy, but each shall be cumulative and in addition to the others, to the fullest extent permitted by law. 7.5 Miscellaneous. 7.5.1 Lender may release, regardless of consideration, any part of the Collateral without, as to the remainder, in any way impairing, affecting, subordinating, or releasing the Win or security interests evidenced by this Deed of Trust or the other Loan Documents or affecting the obligations of Borrower or any other party to pay and perforin the Secured Obligations. For payment of the Secured Obligations, Lender may resort to any of the collateral thorefor In such order and manner as Lender may elect. No eoNateral heratofore, herewith, or hereafter taken by Lender shall in any manner impair or affect the collateral given pursuant to the Loan Documents, and all collateral shall be taken, considered, and held as cumulative_ 7.5.2 Borrower hereby irrevocably and unconditionally waives and releases: (i) all benefits that might accrue to Borrower by virtue of any present or future law exempting the Collateral from attachment. levy or sale on execution or providing for any appraisemenl, valuation, stay of execution, exemption from civil process, redemption, or extension of time for payment; (i) notices of any Evenl of Default or of the exercise of any right, remedy, or recourse not explicitly required under the Loan Documents; and (iii) any right to a marshaling of assets a a sale in inverse order of alienation_ ASSIGNMENT. 8.1 No Asalgnmmt or Encumbrance Without Lender's Consent. Borrower acknowledges and agrees that the Secured Obligations are personal to Borrower and that the identity of Borrower and its partners and employees, and of any guarantors; the relationship between Borrower, each guarantor, arld Deed of Trust (00262844-4} Page 15 x126 Public Record Order: DC: rea . sholsune MIME U79T2UT2--T-= PM FISI Lender; and the creditworthiness, business expertise, financial condition, and continued control of the Collateral of Borrower and each guarantor were material inducements upon which Lender relied in arranging the Secured Obligations. Accordingly, neither Borrower nor any guarantor shall, without Lendor's prior written consent (which consent may be granted, withheld or granted subject to conditions, all in Lender's sole discretion) or as otherwise exWessty permitted under this Deed of Trust or the Loan Agreement: (i) seli, convey, assign, encumber, or otherwise transfer any of its right, title, or interest in and to the Collateral or any other Project asset, whether such transfer or encumbrance is voluntary or by operation of law, other than as specifically permitted under the Loan Documents, (ii) sell, assign, or transfer its interest as borrower under the Secured Obligations, or (iii) transfer any stock or other ownership interest that would cause a material change in the control of Borrower or any guarantor. Any attempted assignment without such prior written consent shall be null and vold, and of no effect, and shall also constituia, at Lender's option, an Event of Default by Borrower under this Deed of Trust and each of the other Loan Documents. 8.2 Conditions to Approval of Assignment. As a condition of approving any assignment Lender may impose such requirements and conditions as it determines are appropriate In Its sole discretion, lncfuding but not limited to the requirement that Borrower and the assuming party pay, in advance, any and all reasonable costs and expenses, including reasonable attorney's and accountants fees, incurred by the Lender in connection therewith. No approval of any assignment shall cause a release of Borrower from any liability under the Loam Documents without Lenders prior written consent, which consent may be withheld in Lender's sole discretion. 8.3 Loan Due upon Prohibited Transfer or Encumbrance. Upon any transfer, assignment, or oncurWance, as described in above for which Lender's written approval is required but has not been obtained, the entire outstanding balance owing under the Note, including principal, accrued interest, and any other amounts owing under the Loan Documents shall became due and payable at Lender's option, without any requirement for notice or demand, and Lender may pursue any remedies granted to it under this Deed of Trust or any of the other Loan Documents, EIA Assignment and Participation by Lender. Lender shall have the tight, at any time and from time b time and upon notice td Borrower, to assign or sell the Secured Obligations, ancVor anyone or more participations In the Secured Obligations, or to include such obligations in a securitized pool of indebtedness, accompanied by an assignment arrdror delegation at any or all related rights or obligations of Lender under the Loan Documents, without the need for any form of consent from Borrower. [intenllonally Omitted) 10. RIGHTS WITH RESPECT TO CCBRS AND HOMEOWNERS ASSWATtONS. This Deed of Trust shall Include the following rights in connection with any subdivision of the Land: 10.1 Security Interest in Developer Rights. This Deed of Trust and Lenders security interest hereunder shall extend to all of Borrowers right, title and interest in and to any and all development rights, declarant rights and any other rights of Borrower in the Project now existing or subsequently arising udder any covenants, conditions, and restrictions governing the Project, as the same may be amended from lime to Erne with Lenders written consent (collectively, "CC&Rs")_ 10.2 Representations and Warranties. Borrower hereby represents, warrants and agrees: 10.2.1 Not to file, record or amend any CCBRs or plat in connection with the Project without the prior written consent of Lender, which consent Lender shall not unreasonably withhold; 10.2.2 Not to adopt, file, or amend any documents establishing or governing any homeowners association for the Project (each an 'Association"} or architectural control or similar design control committee for the project (each an ACCT, including, but not limited to, artistes of incorporation or bylaws of any Association, design guidelines, or rules and regulations governing activities within the subdivision (collectively, and together with the CC&Rs and any subdivision plat for the Project, as any such document may be amended from time to ilme, the 'Goveming Documents"), without the prior written consent of Lender, which consent Lencler shall not unreasonably withhold: Deed of Trust (00262844-4} Page 16 01 26 Public Record Order, c: ge 1b Ot Zb ureateao i ri . 10.2.3 To satisfy all obligations of, to make all payments due from, and to obcwma and perform all terms and conditions to be performed by, Borrower as an owner, developer or declaranl of the Project undor the Governing Documents and applicable law; 10.2.4 To prepare and file such annual reports and other documents as may be necessary 10 maintain entity registration of any Association controlled by Borrower or an affiliate of Borrower, in the state where the Project is located; 10.2.5 During any period of Borrowers declarant control, to cause the Association's officers and directors appointed by Borrower to Comply with the Governing i)ocuments and applicable law; and 10.2.6 To pay all charges, including all common expense and limited common expense liabilities and assessments (special or general), insurance, faxes and other items Borrower is or may later be responsible for paying under the Governing Documents and under applicable law. 10.3 Proxy. During an Event of Default at Lenders election, Borrower shall pledge to Lender its vote(s) and constitute Lender as Borrower's proxy (which appointment is coupled with an Interest) with sale right to cast its votes) on ail actions of any nature whatsoever submitted to a vote of the members of any Association or ACC. 10.4 Notloes, etc. Borrower win provide, upon request of Lender, true and correct copies of: 10.4.1 any notices to the members of any Association, Including, but not limited to, any notices of any meetings of any Association; 10.4.2 minutes of any such meetings; 10.4.3 any statement of financial condition of any Association, including any budgets or proposed budgets as available to any owner; Borrower; 10.4.4 any statement showing allocation of expenses and assessments issued to 10.4.5 any notice of default issued to i3orrower; and 10.4.6 any amendment or proposed amendment to any of the Governing Documents. 10.5 Payment of Common Expermes. Unless prohibited by law, Lender or Trustee, either prior to, contemporaneously with, or subsequent to the foreclosure of Ns Deed of Trust, or while pending the expiration of any applicable redemption period subsequent to a judicial foreclosure and sale upon execution of the Project, may pay common expenses for which Lender may be liable, and subsequent to such payments Lender shall have a lien without merger on the Project for the amount paid of the same priority as the lien of this Deed of Trust, or if subsequent to safe or execution, said Gen shall be prior to any lien held by any redemptloner as defined by haw. In the event Lender is the successful bidder at any sale upon execution subsequent to a judicial foreclosure and obtains possessory rights to file Collateral subject to redemption by the judgment debtor or redemption as defined by law, arty payments made by the Lender or its successor in interest to satisfy condominium assessments levied and payable during the redemption period shall, in the event of any redernpWn, be recoverable by the Lender from the judgment debtor or its successors in interest, or any redemptioner in the same manner as any other assessment or lax would be recoverable. 10.6 Required Consent of Lender. Borrower shall not, except after notice of Lenders prior written consent: 10.6.1 subdivide the Land or the Project, or Deed of Trust 100262844-41 Page 17 of 26 Public Record r er.mc: r o n n 10.6.2 consent to any material amendment to any of the Governing Documents, including, but net limited to, any amendment that would change the voting rights of the fraction or percentage of allocated interests of the lot owners in the subdivision. 1 t- MISCELLANEOUS PROVISIONS. 11.1 Additional Provisions. The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this heed of Trust. The Loan Documents also grant further rights 10 Lender and contain further agreements and af1€rmalive and negative covenants by Borrower that apply to this Deed of Trust and to the Collateral. 11.2 Additional Security. tf Lender at any time holds additional security for any of the Secured Obl€gafions, all such security shall be taken, considered, and held ars cumulative, and Lender may enforce the sale thereof or otherwise realize upon the same, at its option, either before or concurrently with the exercise of any of its rights or remedies hereunder or after a We Is made hereunder. The taking of addition{ security, the execution of partial releases of the security. or any extension of the time of payment of the Secured Obligations shall not diminish the force, effect, or lien of this Deed of Trust and shall not affect or impair the liability of any maker, surety, or endorser lar the payment of any such indebtedness, 11.3 Cooperation. Borrower shall, upon request, cooperate with Lender or Trustee to correct any detect, error or omission that may be discovered in the contents of this Deed of Trust or in the execution or acknowledgment hereof, and will execute, acknowledge, and deliver such further instruments and take such further actions as may be reasonably requested by Lender or Trustee to carry out more effectively the purposes of this Deed of Trust. 11.4 Permitted Contests. Borrower may contest or object in good faith to the amount or validity of any tax, assessment, claim, demand, levy, lien, encumbrance, charge or notice of noncompliance asserted by a third party (collectively, a 'Third -Party Claim7, but only in accordance with the following conditions: (i) Borrower shall first give wrltten notice to Lender and deposit with Lender a bond or other security satisfactory to Lender in such amount as Lender shall reasonably require, up to 150% of the amount of the Third -Party Clairn or other sum in controversy, and shall have demonstrated to Lender's reasonable satislaction that no portion of the Collateral will be sold to satisfy the Third -Party Claim pr€or to final rasolulion; (III Borrower shall promptly and diligently proceed to cause the Third -Party Claim to be settled and discharged in a manner not prejudicial to Lender or its rights hereunder; (iii) it Borrower shalf fail to proceed diligently to discharge the Third -Party Claim, then, in addition to any other right or remedy of Lender, Lender may, but shall not be obligated to, d€scharge the same, by paying the amount claimed to be due, or by depositing in court a bond or the amount claimed or otherwise giving security for such Third -Party Claim, or in such manner as is or may be prescribed by law, at Borrowor's expense; (iv) Lender may employ an attorney or attorneys to protect its rights hereunder, and in such event, Borrower shall pay Lender the reasonable attorneys' fees and expensos incurred by Lender, whether or not an action is actually commenced agahm Borrower by reason of any default hereunder; and (v) Borrower shall have provided such good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any legal proceedings then pending In connection with such Third -Party Claim 11.5 No Offset. Borrowers obligatton to timely, pay and perform all obligations under the Note, this Deed of Trust, and the other Loan Documents shall be absokrte and unciDndifional and shall not be affected by any event or circumstance; including without limitation any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Borrower or arry guarantor may have or claim against Lender or any other person or entity. The foregoing shall not corrstrtute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise against Lender or any other person or entity; provided that Borrower shall maintain a separate action thereon. 11.6 Obligations of Borrower, Joint and Several, if more than one person has executed this Deed of Trust as Borrower, the obligations of all such persons hereunder shall be joint and several. 11-7 Partial Invalidity- If any lerm of this Deed of Trust, or the application thereof to any person or circumstances, shall, to any extent, be irrvagd, void or unenforceable, the remainder of this Deed of Trust, or the application of such Corm to persons or circumstances other than those as to which it is irrvalid, void or unenforceable, shall not be affected thereby, and each term of (his Deed of Trust shall be valid and enforceable to Deed of Trust (0026264441 Page 18 of 26 rder. G: ti'ublic Record O a eea X73 I T the fullest extent permitted by law. It the lien of this Deed of Trust is invalid, void or unenforceable as to any part of the Secured Obligations, or If the lien is invalid, void or unenforoeable as to any part o1 the Gollateral, the unsecured or partially secured portion of such Indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured portion of such Secured Obligations, and all payments made on such Secured Obligations shall be considered to have been first paid on and applied to the full payment of that portlon of such indebtedness that is not secured or fully secured by the lien of this Deed of Trust. 11.8 No Walver or Cure. No waiver or delay or omission in the exerciso or enforcement by Lender of any of its rights or remedies hereunder or under any of the other Loan Documents shall be considered a waiver of any subsequent application of, or right to enforce, such right or remedy, or of the right to enforce any other right or remedy of Lender in another instance, Furthermore, no waiver of Lender's rights or remedies in one or more instances shall establish a course of dealing or other agreement that will bind Lender or prohibit Lender from enforcing the terms of this Deed of Trust or any other Loan Document in another instance. 11.9 Limitation on Interest. Borrower agrees to an effective rate of interest that is ft rate provided for in the Note, plus any additional rate of interest resulting from any other charges in the nature of Interest paid or to be paid by or on behalf of Borrower, or any benefit received or to be received t)y Leander, in connection with the Secured Obligadons. The interesse, fees and charges under the Loan Dmuments shall not exceed the maximum amounts permitted by any applicable law. If any such interest, fee or charge exceeds the maximum, the interest, fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. At Borrowers election, Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. The provisions of this paragraph shall control over any Inconsistent provision in the Loan Documents. 11.10 Accommodations to Succeaaors. The liability of the original Borrower shall not be released or changed 11 Lender grants any successor in interest to Borrower any extension of time for payment, or modification of the terms of payment, of tiny Secured Obligation, Lender shalt not be required to comply with any demand by the original Borrower that Lender refuse to grant such an extension or modification to, or commence proceedings against, any such successor in interest. 11.11 Amendments_ References to the Note. the Loan Agreement, the Loan Documents and the Related Loan Documents In ft document shall be deemed to include all modifications, extensions, and renewals thereof. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 11.12 Successors In Interest. Subject to the limitations on transfer contained In the Loan Documents, including, wilhoul limitation, Section 8 hereof, the terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, legatees, devisees, administralors. executors, successors and assigns of the parties hereto, 11.13 Applicable Lew. The provisions of this Dead of Trust shall be governed by and construed in accordance with the laws of the State, without regard to the choice of law rules of the State and except to the extent that federal laws preempt the laws of the State. 11.14 Merger. No merger shall occur as a result of Lenders acquiring any other estate in or any other lien on the Collateral unless Lender oonsents to a merger in writing. 11.15 Notice. All notices required or permitted under the Loan Documents shad be in writing, effective upon delivery, and shall be: (i) delivered in person, (ii) sent by recognized courier or ovemighl delivery service, or (iii) sent by certified mail, postage prepaid, with return recelpt requested, (such mailing to be deemed received on the sooner of actual receipt or three (3) days after mailing) to the appropriate party at its address set forth above. Any party may designate in writing different mailing addresses or persons to which or to whom such notices or demands are thereafter to be addressed, but such change of address or change of party to be addressed notices shall be effective only upon actual receipt. 11.16 Waiver of Marshaling. Borrower waives all rights, legal and equitable, it may now or hereafter have to require marshaling of assets or to require upon foreclosure sales of assets in a particular order. Deed of Trust 100262x444) Page 19 of 26 Public Record Order: 1347588 Doc: KC:202 Z01.205moulibn, Fage 19 Of Zb createo0 5 nrrinfecT 87672012 3�11:05 PM PSI . 1'. • a Each successor and asslgn of Borrower, including any holder of a Gen subordinate to this Deed of Trust, by acceptance of its interest or lien agrees that it shall be hound by the abave waiver, as 9 it had given the waiver itself. 11.17 Waiver Of Jury Trial, LENDER AND BORROWER EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO. THE SUBJECT MATTER OF THIS DEF -D OF TRUST, THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY LENDER AND BORROWER, AND LENDER AND BORROWER ACKNOWLEDGE THAT NO PERSON ACTING ON BEHALF OF THE OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. LENDER AND BORROWER FURTHER ACKNOWLEDGE THAT TIiEY HAVE BEEN REPRESENTED (OR HAVE HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OF THIS DEED OF TRUST AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF THEIR OWN FREE WILL, AND THAT THEY HAVE HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. 11.18 Oral Agreements Notice, ORAL AGREEMENTS OR QRAL C*MMITMFNTS To LOAN MONFY. EXTEND CREDITFORBEAR F.RQb! EHFQRGINQ REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDE13 WASHINGTON LOW_ IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. Security Agreement, Assignment of Leases and Rents, Assignment of Contracts and Plans, and Fixture Filing as the Grantor/Trustor hereunder, and as a Debtor under the Uniform Cwnmerciai Code, as of the date set forth above_ STATE OF WASHINGTON ) ) ss. COUNTY OF ICING ) THIS IS TO CERTIFY that on this T day of�� 2012, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came Jay R. Mezlstrano, to me known to be the Vito-Manaaerifte-President of Ja Marc HoneyBrook,_LLC, the Washington limled Gabilily company that executed the toregofng instrument, and acknov/{edged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVE hi8�'f�iU11" Wr`C IGIAL ar�d ofm�"'�.2412STACI R. 1NOTARY PUBLIC' Printed Nam STATE IS ION EXPIRES N Notary Public' for the State of Washington COMR�ISSIGhi fxP1RES Residing at SEPTEMBER 9. 2014 My commission expires �1 STATE OF W ) ss_ COUNTY OF KING } THIS IS TO CERTIFY that on this � day of �'"t 2012, before me, a Notary public in and for the State of Washington, duly commissioned and swum, came Marc L. I3tzyM. to me known Deed of Trust (0262844-41 Page 20 of 26 Public Record OrCer. 13475813 Doc KC:2 465 g e ine e : to be the Manage r1Presldent of JayMarc at HoneyBroak, LLC, the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and un oath stated that he was duly authorized to execute such instrument_ GIVEN UNDER MY HAND AND OFFICIAL SEA Q. day of A.-442044 2 Printed Name: Notary Public in and for the State of Washrn on Residing at My commission expires i STACI R. IRGENS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEM8ER 9. 2014 peed of Trim {00N I2844-41 Page 210 2E Public Record r er:Page 21 M 26 CreatiRliPnnte�: 87812012 3:11;05 Fm FM EXHIHIT "A" Legal Description THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN ICING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST OUART£R OF SAID SECTION 10: EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN THE COUNTY ROAD, Deed of Trust [00262844.4} Page 22 of 26 Public Recard Order� M7588 WC: 65" vagnePrinted: Debtor: JayMarc at Honey8rook, LLC A Washington Limiter! Liability Company Secured Parry_ DAYMU CAPITAL (US) LLC A Washington Limited Liability Company EXHIBIT "A" TO UCC FINANCING STATEMENT THE PROPERTY IS LOCATED IN THE COUNTY OF KM, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS; THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN THE COUNTY ROAD. Property Address: 14102 SE 124`' St., Renton, WA 98059 Tax Account Number: 102305-9208-07 Deed of Trusl 100262644-41 Page 23 of 26 Public Recurd Urder:rage i Debtor: JoyMare at HoneyBrook, LLC A Washington Limited Liability Company Secured Party: li Capital (US) LLC, a Washington limited liability company EXHIBIT B TO UCC FINANCING STATEMENT This financing statement covers the following types or Items of property: (Any capitalized terms used but not defined herein shall have the same meanings ascribed to them in the Deed of Trust. Security Agreement, Assignment of Contracts and Plans, Assignment of Leases and Rents, and Fixture Filing that is being executed concurrently herewith between Debtor, as Debtor, and Secured Party, as Secured Party (the 'Deed of Trusn with respect to the real property described on EXHIBIT A and recorded in the county where such real property is located_) All buidings, structures, appurtenances. Improvements, equipment, machinery, fixtures, goods, accounts, general intangibles, documents, deposit accourts, instruments and chattel paper, and all other personal property of every kind and description, whether now existing or hereafter acquired, now or at any time hereafter attached to, erected upon, situated In or upon, forting a part of, appurtenant to, used or useful in the construction or operation of or In connection with, or arising from the use or enjoyment o1 all or any portion of, or from any lease or agreement pertaining to, the real property described in EXHIBIT A (the 'r?rernisea ), including, without limitation: 1. All buildings, structures and improvements naw located or later to be constructed on the Premises (the 1mprovetnenls'); together with 2. All existing and future appurtenances, privileges, easements, franchises and tenements of the Premises, including all minerals, W. gas, other hydrocarbons and associated substances, sulfur, nitrogen, carbon dioxide, helium and other commercially valuabie substances which may be in. under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, and any Premises lying in ft streets, roads or avenues, open or proposed, in front of or adjoining the Premises and improvements; logether With 3_ All existing and future leases, subleases, sublenancles, licenses. occupancy agreements and concessions ('Leases) relating to the use and enjoyment o1 aff or any part of the Premises and Improvements, and any and all guaranties and other agreements relating to or made in connection with any of such leases; together with 4. All improvements on the Premises, and all appurtenances and other property and 'interests of any kind or character that may be reasonably necessary or desirable to promote the present and arty reasonable fulure beneficial use and enjoyment of the Premises and Improvements; together with 5. All goods, materials, supplies, chattels, furniture, fixtures, equipment and machinery now or later to be attached to, placed in or on, or used in connection with the use. enjoyment, occupancy or operation of all or any part of the Premises and Improvements, whether stored an the Premises or elsewhere, including all purring plants, engines, pipes, ditches and flumes, and also all gas, electric, cocking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment; together with 6. All building materials, equipment, work in process or other personal property of any kind, whether stored on the Premises or elsewhere, which have been or later will be acquired for Peek! of Trust 10x1262844.41 Page 24 Or Zb Public Record r r: oc: KL:ZU.LZ 2UiZUt)U2TUO14b5 Fa9O N Or Zb Creareay: s o s i 1 31612012 3:11:06 PIVI PSI Debtor: JeyMarc at WoneyDrook, LLC A Washington Limited Liability Company Secured Party: Dayhu Capital (US) LLC, a Washington limited liability company the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements; together with 7. Alt of Debtor's interest in and to all operating accounts, the loan funds, whether disbursed or not, all reserves squired by Secured Party as set forth in the Budget, and any other bank accounts of Debtor, all present and future monetary deposits given by Debtor to any public or private utility with respect to utility services furnished to the Premises; together with i. All rights to the payment of money, accounts, axounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or tater to be received from third parties (including all earnest money sales deposits) or deposited by Debtor with third parties (including all utility deposits), contract rights, development and use rights, governmental permits and licenses, applications, architectural and engineering ptans, specifications and drawings, as -built drawings, chattel paper, instruments, documents, rotes, drafts and letters of credit (odor than letters of credit in favor of Secured Party), which arise from or relate to construction on the Prernises or to any business now or later to be conducted on 11, or to the Premises and Improvements generally and any builder's or manufacturer's warranties with respect thereto; together with 3. All Insurance policies pertaining to the Premises and all proceeds, including all claims to and demands for them, of the voluntary or imrofurilwy conversion of any of the Premises, Improvements or the other property described above Into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any Court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Premises. Improvements or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealmem of a material fact; together with 10. All Debtors rights in (i) all agreements heretofore or hereafter entered into relating to the construction, ownership, operation, management, leasing or use of the Premises or Improvements, (Ii) any and all present and future amendments, modifications, supplements, and addenda to any of the items described in clause (i), (ni) any and all guarantees, warranties and other undertakings (including payment and performance bonds) heretofore or hereafter entered into or delivered with respect to any of the items described in clauses (i) through (ii), (iv) all trade names, trademarks, logos and other materials used to identily or advertise, or otherwise relating to the Premises or Improvements, and (v) an building permits, governmental permits, licenses, variances, conditional or special use permits, and other authorizations now or hereafter issued in connection with the construction, development, ownership, operation, management, leasing or use of the Premises or Improvements, to the fullest extent that the same or any interest therein may be legally assigned by Debtof; together with 11- All income, rents, security or similar deposits, revenues, issues, royatties, profits, leases, earnings, products and proceeds of Premises and the Improvements thereon, Including, without limitation, all rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, insurance or condemnation proceeds, payments and deposits, and any proceeds from the sale of any portion of the Premises, and any deposits on account thereof; together with Deed of Trust 1002626440) Page 25 of 26 Public Record r r, oc: reateZI Eiy. - f a Printed; Debtor: JayMarc at HoneyBrook, LLC A Washington limited liability company Secured Parry: Dayhu Capital (US) LLC, a Washington limited liability company 12. All of Debtorrs right, title and interest In and to any and all units, declarant rights, and any other rights relating to the Premises or the improvements thereon, whether now existing or subsequently arising, under any and all covenants, conditions, restrictions, development agreements, laws of other agreements now existing or later enacted relating to the Premises or the Improvements thereon, including, without limitation, those relating to condominiums; together with 13. All books and records pertaining to any and all of the property described above, including computer - readable memory and arty computer hardware or software necessary to access and process such memory ('Books and Records'); together with 14. AN proceeds ol, additions and aecretiorts to, substitutions and replacements for, and changes in any of the property described above. The filing of this financing statement shall not be construed to derogate from or impair the lien or provisions of the Deed of Trust with respect to any property described therein that is real property or that the parties have agreed to treat as real property. Nothing in this linancing statement shall be construed to alter any of the rights of Severed Party as determined by such Deed of Trust or the priority of Secured Partys Men created thereby, and this financing statement Is declared to be for the protection of Secured Party in the event any court shall at any time hold that notice of Secured Party's priority of interest in any property or interests described in such Deed of Trust must, In order to be effective against a particular class of persons, including, but not limited to, the United States Government and any agencies thereof, be filed in the office wherein this financing statement is filed. Debtor and Secured Party acknowledge and agree that neither the foregoing grant of a security interest nor the filing of this financing statement shall be construed as in any way derogating the partles' hereby stated intention that everything used in connection with the prodLoon of income from the Land or adapted for use therein or that is described or reflected in this UCC Financing Statement is and at all times shall be regarded for all purposes as part of the land and shall, to the fullest extent allowed by law, be treated as real property. Deed of Trust M82B44-41 Page 26 of 26 Public Recurd r e A Or Zb createauy:sholstlnen . Lot Report loved Jan 09 11:25:54 2013 Lot File: P:12012117201 l \Carlson'\Lot Hes11201 1 Plat.lot CRD File: P:12012112011\Carlson\1201 l.crd LOT 2 OF BLOCK 1. TYPE: LOT PNT# Bearing Distance Northing Fasting 3133 182426.252 1674165.519 N W'49'09" W 83.95 4506 182427983 1674081.584 N 00008'40" E 55.51 4507 182483.492 1674081.724 S 88°49'09" E 83.97 3132 182481.761 1674165.677 S 00°09'48" W 55.51 3133 182426.252 1674165.519 Closure Error Distance> 0.0017 Error Bearing> N 77°54'59" W Closure Precision> 1 in 160858.9 Total Distance> 278.94 LOT AREA: 4660 SQ FT OR 0.1070 ACRES LOT 3 OF BLOCK 1. TYPE: LOT PNT# Bearing Distance Northing Easting 3132 182481.761 1674165.677 N 88°49'09" W 83.97 4507 182483.492 1674081.724 N 00°08'40" E 55.51 4508 182539.000 1674081.864 S 88°49'09" E 83.99 3131 182537.269 1674165.835 S 00°09'48" W 55.51 3132 182481.761 1674165.677 Closure Error Distance> 0.0017 Error Bearing> N 77°54'59" W Closure Precision> 1 in 160880.1 Total Distance> 278.98 LOT AREA: 4661 SQ FT OR 0.1070 ACRES LOT 4 OF BLOCK 1. TYPE: LOT PNT# Bearing Distance Northing Easting 3131 182537.269 1674165.835 N W'49'09" W 83.99 4508 182539.000 1674081.864 N 00°08'40" E 55.51 3128 182594.509 1674082.004 S 88049'09" F. 84.01 3130 182592.778 1674165.994 S 00°09'48" W 55.51 3131 182537.269 1674165.835 Closure Error Distance> 0.0017 Error Bearing> N 77°54'59" W Closure Precision> 1 in 160901.2 Total Distance> 279.01 LOT AREA: 4662 SQ FT OR 0.1070 ACRES • LOT 5 OF BLOCK 1, TYPE: I PNT# Bearing Distance Northing Easting 3130 182592.778 1674165.994 N 880409" W 84.01 3128 182594.509 1674082.004 N 00008'40" F. 60.89 8252 182655.401 1674082.157 S 88°20'29" E 84.04 8253 182652.969 1674166.165 S 00°09'48" W 60.19 3130 182592.778 1674165.994 Closure Error Distance> 0.0056 Error Bearing> N 78°09'24" E Closure Precision 1 in 51945.6 Total Distance> 289.13 LOT AREA: 5086 SQ FT OR 0.1168 ACRES LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 4506 182427.983 1674081.584 N 88°49'09" W 83.75 3124 182429.709 1673997.847 N 00°08'40" E 55.51 3125 182485.218 1673997.987 S 88049'09" E 83.75 4507 182483.492 1674081.724 S 00°08'40" W 55.51 4506 182427.983 1674081.584 Closure Error Distance> 0.0000 Total Distance> 278.53 LOT AREA: 4648 SQ FT OR 0.1067 ACRES LOT 7 OF BLOCK 1. TYPE: LOT PNT# Bearing Distance Northing Easting 4507 182483.492 1674081.724 N 88°49'09" W 83.75 3125 182485.218 1673997.987 N 00°08'40" E 55.51 3126 182540.727 1673998.127 S 88°49'09" E 83.75 4508 182539.000 1674081.864 S 00008'40" W 55.51 4507 182483.492 1674081.724 Closure Error Distance> 0.0000 "Total Distance> 278.53 LOT AREA: 4648 SQ FT OR 0.1067 ACRES LOT 8 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 4508 182539.000 1674081.864 N 88049'09" W 83.75 3126 182540.727 1673998.127 N 00008'40" E 55.51 r!rvi r, ni in•--- r _.6/--.__.u._..rt I1 AiIAi1 I t.'S'1_/t7 Alli 3127 182596.2 35 1098.267 S 88°49'09" E 8").75 3128 182594.509 1674082.004 S 0000840" W 55.51 4508 182539.000 1674081.864 Closure Error Distance> 0.0000 "Total Distance> 278.53 LOTAREA: 4648 SQ FT OR 0.1067 ACRES LOT 9 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3128 182594.509 1674082.004 N 88049'09" W 83.75 3127 182596.235 1673998.267 N 00°08'40" F.. 61.59 8254 182657.826 1673998.422 S 88°20'29" E 83.77 8252 182655.401 1674082.157 S 00°08'40" W 60.89 3128 182594.509 1674082.004 Closure Error Distance> 0.0046 Error Bearing> S 74°11'15" W Closure Precision 1 in 62658.0 Total Distance> 290.01 LOT AREA: 5128 SQ FT OR 0.1177 ACRES LOT 10 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3106 182632.053 1673956.357 N 89°51'20" W 93.00 3107 182632.287 1673863.356 N 00°08'40" E 52.46 4502 182684.743 1673863.488 S 88°20'29" E 93.03 3134 182682.050 1673956.483 S 00008'40" W 50.00 3106 182632.053 1673956.357 Closure Error Distance> 0.0030 Error Bearing> S 54°28'14" E Closure Precision 1 in 94684.9 Total Distance> 288.49 LOT AREA: 4764 SQ FT OR 0.1094 ACRES LOT 11 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3117 182582.053 1673956.231 N 89°51'20" W 93.00 3118 182582.287 1673863.230 N 00°08'40" E 50.00 3107 182632.287 1673863.356 S 89051'20" E 93.00 3106 182632.053 1673956.357 S 00°08'40" W 50.00 3117 182582.053 1673956.231 Closure Error Distance> 0.0000 Total Distance> 286.00 LOT AREA: 4650 SQ FT OR 0.1068 ES LOT 12 OF BLOCK L TYPE: LOT PNT# Bearing Distance Northing Easting 31 19 182532.053 1673956.105 N 89051'20" W 93.00 3120 182532.287 1673863.104 N 00°08'40" E 50.00 3118 182582.287 1673863.230 S 89°51'20" E 93.00 3117 182582.053 1673956.231 S 00°08'40" W 50.00 3119 182532.053 1673956.105 Closure Error Distance> 0.0000 Total Distance> 286.00 LOT AREA: 4650 SQ FT OR 0.1068 ACRES LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Fasting 3121 182482.053 1673955.979 N 89°51'20" W 93.00 3122 182482.288 1673862.978 N 00008'40" E 50.00 3120 182532.287 1673863.104 S 89°51'20" E 93.00 3119 182532.053 1673956.105 S 00°08'40" W 50.00 3121 182482.053 1673955.979 Closure Error Distance> 0.0000 Total Distance> 286.00 LOT AREA: 4650 SQ FT OR 0.1068 ACRES LOT 14 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3116 182432.053 1673955.853 N 89°51'20" W 93.00 3104 182432.288 1673862.852 N 00°08'40" E 50.00 3122 182482.288 1673862.978 S W'51'20" E 93.00 3121 182482.053 1673955.979 S 00008'40" W 50.00 3116 182432.053 1673955.853 Closure Error Distance> 0.0000 Total Distance> 286.00 LOT AREA: 4650 SQ FT OR 0.1068 ACRES LOT BOUNDARY OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting ilf—I finn1In' 'InI— f In fnnl 7 11.A9.n'l —.11 C] 4502 182684.743 163.488 S 88°20'29" E 330.88 4501 1 182675.166 16741.94 228 S 00°09'48" W 329.43 4500 182345.742 1674193.290 N 88°20'37" W 330.77 4503 182355.303 1673862.658 N 00°08'40" E 329.44 4502 182684.743 1673863.488 Closure Error Distance> 0.0058 Error Bearing> N 09°5751" W Closure Precision> I in 227545.2 Total Distance> 1320.52 LOT AREA: 108947 SQ FT OR 2.5011 ACRES LOT DEDICAT ION OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Easting 3109 182379.881 1673997.722 Radius: 20.00 Length: 30.89 Chord: 27.91 Delta: 88°29'17" Chord BRG: S 44°05'58" E Rad -In: S 89°51'20" E Rad -Out: N O1°3923" E Radius Pt: 3110 182379.831,1674017.722 Tangent: 19.48 Dir: Left Tangent -In: S 00°08'40" W Tangent -Out: S 88°20'37" E Non Tangential -In Tangential -Out 3111 182359.839 1674017.143 S 88020'37" E 127.71 3112 182356.148 1674144.798 Radius: 20.00 Length: 31.94 Chord: 28.65 Delta: 91°29'35" Chord BRG: N 45°54'35" E Rad -In: N Ol °39'23" E Rad -Out: N 89°50'12" W Radius Pt: 3113 182376.139,1674145.376 Tangent: 20.53 Dir: Left Tangent -In: S 88°20'37" E Tangent -Out: N 00°09'48" E Tangential -In Tangential -Out 3114 182376.082 1674165.376 N 00009'48" E 299.90 3115 182675.976 1674166.231 S 88°20'29" E 28.01 4501 182675.166 1674194.228 S 00°09'48" W 329.43 4500 182345.742 1674193.290 N 88°20'37" W 330.77 4503 182355.303 1673862.658 N 00°08'40" E 10.77 3103 182366.077 1673862.685 S 88°20'37" E 72.71 3102 182363.975 1673935.365 Radius: 12.00 Length: 19.17 Chord: 17.19 Delta: 91°30'43" Chord BRG: N 45°54'02" E Rad -In: N 01°39'23" E Rad -Out: N 89°51'20" W Radius Pt: 3101 182375.970,1673935.712. Tangent: 12.32 Dir: Left Tangent -In: S 88°20'37" E Tangent -Out: N 00°08'40" E Tangential -In Tangential -Out 3100 182375.940 1673947.711 N 00°08'40" E 56.13 3105 182432.074 1673947.853 S 89°51'20" E 8.00 3116 182432.053 1673955.853 N 00°08'40" E 250.00 [ _.ni lnn _-..r--rrnnNns' i 1.'1'1.n'1 Anil 3134 182682.050 1*56.483 S 88°20'29" E 42.01 3108 182680.834 1673998.480 S 00°08'40" W 300.95 3109 182379.881 1673997.722 Closure Error Distance> 0.0062 Error Bearing> N 36°37'38" E Closure Precision> I in 310391.7 "Total Distance> 193 8.3 8 LOT AREA: 2632.5 SQ FT OR 0.6043 ACRES LOT I OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3114 182376.082 1674165.376 Radius: 20.00 Length: 31.94 Chord. 28.65 Delta: 91'29")5" Chord BRG: S 45°54'35" W Rad -In: N 89°50'12" W Rad -Out: N 01°39'23" E Radius Pt: 3113 182376.1 39,1674145.376 "Tangent: 20.53 Dir: Right Tangent -In: S 00°09'48" W Tangent -Out: N 88°20'37" W Non Tangential -In Tangential -Out 3112 182356.148 1674144.798 N 88°20'37" W 127.71 3111 182359.839 1674017.143 Radius: 20.00 Length: 30.89 Chord: 27.91 Delta: 88°29'17" Chord BRG: N 44°05'58" W Rad-ln: N 01'39'23" E Aad -Out: S 891,51120" E Radius Pt: 3110 182379.831,1674017.722 Tangent: 19.48 Dir: Right Tangent -in: N 88°20'37" W Tangent -Out: N 00°08'40" E Tangential -In Tangential -Out 3109 182379.881 1673997.722 N 00008'40" E 49.83 3124 182429.709 1673997.847 S 88°49'09" E 167.71 3 13 33 182426.252 1674165.519 S 00009'48" W 50.17 3114 182376.082 1674165.376 Closure Error Distance> 0.0041 Error Bearing> S 01'09'33" E Closure Precision 1 in 112395.9 Total Distance> 458.24 LOT AREA: 11565 SQ FT OR 0.2655 ACRES LOT TRACT A OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 3100 182375.940 1673947.711 Radius: 12.00 Length: 19.17 Chord: 17.19 Delta: 91'30'43" Chord BRG: S 45°54'02" W Rad -In: N 89°51'20" W Rad -Out: N 011139'23" E Radius Pt: 3101 182375.970,1673935.712 Tangent: 12.32 Dir: Right Tangent -In: S 00°08'40" W Tangent -Out: N 88°20'37" W Non Tangential -In Tangential -Out 3102 182363.975 1673935.365 N 88°20'37" W 72.71 3103 182366.077 1673862.685 N 00008'40" E 66.21 3104 182432.288 1673862.852 S 89°51'20" E 85.00 3105 182432.074 1673947.853 S 00008'40" W 56.13 ;, - i r r - r in. nnnr... r ,.n, -_.__....._.. r i r rn^� in II.'In n AA41 3100 182375.940 1 =17.711 10 Closure Error Distance> 0.0048 Error ing> S 09°42'38" W Closure Precision? 1 in 61807.4 Total Distance> 299.22 LOT AREA: 5691 SQ FT OR 0.1306 ACRES LOTTRACT B OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 8253 182652.969 1674166.165 N 88020'29" W 167.81 8254 182657.826 1673998.422 N 00008'40" E 23.01 3108 182680.834 1673998.480 S 88°20'29" E 167.82 3115 182675.976 1674166.231 S 00°09'48" W 23.01 8253 182652.969 1674166.165 Closure Error Distance> 0.0024 Error Bearing> N 83°37'47" W Closure Precision> 1 in 157379.5 Total Distance> 381.65 LOT AREA: 3860 SQ FT OR 0.0886 ACRES BLOCK 1 TOTAL AREA: 217894 SQ FT OR 5.0022 ACRES rr;rr3iT'lnl In/1nni.,, 7 ...0I9nn,—.---ft linNnr9 ir--� e�11 0 RAVENNA (HONEY CREEK) FINAL PLAT LUA12-000220 FP 1. As Built mylars submitted 2. As Built street light mylars submitted. 3. Street lighting finaled. 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable permit fees are paid 8. Planner approved final plat 9. All wetland plans, construction issues approved 10. Technical Services recommends approval 11. Check for courier 12. HOA and CRRs approved 13. Fire approval received. 14. Two year Maintenance and Defect Bond in place IN February 15, 2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: CONTACT: OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Marc Rousso Seattle Redevelopment LLC PO Box 2566 Renton, WA 98056 Eric LaBrie ESM Consulting Engineers 33915 1" Way S., Ste. 200 Federal Way, WA 98003 Leslie Kentworthy Estate of Sylvia Lefler 14110 SE 124'x' Street Renton, WA 98059 Honeybrook Circle Preliminary Plat Fide No.: LUA 06-143, ECP`, PP 4900 NE 6h Street (Parcel No. 102305-9208) Approval for a 14 -lot subdivision and I drainage tract of a 2.5 -acre site intended for the development of single-family detached homes. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on January 30, 2007. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Exazzziner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 6, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 6, 2007, 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. 0 • Honeybrook Circle Preliminary ,tat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 2 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 pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Conceptual Road, Drainage, and Utility Plan Exhibit No. 5: Grading and Tree Plan Exhibit No. 6: Landscape Plan Exhibit No. L. Zoning Map Exhibit No. 8: ERC Mitigation Measures The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project site is located on the north side of NE 6t' Street and west of Hoquiam Avenue NE. Honey Brooke West development immediately to the south is currently under construction. The site is zoned Residential -8 (R-8) and is within the Residential Single -Family Comprehensive Plan designation. The site area is approximately 2.5 acres, the proposal is to subdivide the site into 14 lots and I drainage tract. An existing stable and shed structure on the property would be removed. Access to the site would be via roads that are currently under construction. NE 0 is under construction as a result of the Honey Brooke subdivision_ The applicant would finish the construction to NE 6a` street on their property. Field Place NE and Graham Avenue NE are extensions of roads that are under construction for Honey Brooke West. NE Vh Street is a new road located on the north end of the project site. The applicant requested a modification for reduced rights-of-way, requesting that Field Place NE and NE 6`' Street be reduced to 42 -feet wide and that NE 7th Street be reduced to 26 -feet wide and Graham Avenue NE be reduced to 27 -feet wide. That modification was granted on January 8, 2007, there were two conditions associated with the modification. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated with 6 mitigation measures. No appeals were filed. Fire, Traffic and Parks Mitigation Fees were imposed on this project. The project is consistent with the residential single-family land use elements and community design elements of the Comprehensive Plan. The project has a net density of 7.8 dwelling units per acre, which complies with the requirements for the R-8 zoning designation. All lots appear to meet the size, dimension and setbacks required for the R-8 zone. Building height is limited to two stories and 30 feet for primary structures. The height and lot coverage of the new residences would be verified at the time of application for building permits. Each unit would be required to provide two off-street parking stalls. Landscaping would be required along all public street frontages. The proposed landscape plan appears to comply with the city's landscaping requirements. A detailed landscape plan would be required at the time of building permit application. All lots comply with the subdivision regulations. A new internal looped road system would provide access to the new lots. Street improvements would be required along the new roads including paving, curb, gutter, sidewalks adjacent to the curb and street lighting. Honeybrook Circle Preliminary rlat Pile No.: LUA-06-143, ECF, PP February 15, 2007 Page 3 The site is currently forested, the submitted tree plan identifies 166 significant trees therefore 42 trees are required to be retained or replaced. The tree retention plan identifies 28 trees to be retained, therefore an additional 14 2 -inch caliper trees are required to be planted on the project site. A tree retention plan would be submitted with the Utility Construction Permit application. The site is located within the Renton School District. The proposed plat would potentially result in 6 additional students. The School District has indicated that it could accommodate the new students. The proposed drainage control would be by a detention vault located within proposed Tract A at the southwest corner of the project site. The project would be required to comply with the 2005 King County Surface Water Design Manual. A homeowner's association should be established to ensure responsibility for maintenance of common improvements and tracts within the plat. Staff added an additional condition: "Tract A should be landscaped and/or fenced appropriately prior to final plat approval." The site is located within the area of Water District 90. All improvements would need to be in accordance with Water District 90 and City of Renton standards. The property is served by the City of Renton sewer service. An existing 12 -inch sewer main is in Hoquiam Avenue NE at the intersection of Hoquiam Avenue NE and NE 5`h Street. There is also an 8 -inch sewer main under construction in the Honey Brooke West sibdivision located to the south of the project. An 8 -inch sewer main would be required to be extended onto the site from the under construction sewer main. Hearing Examiner questioned the reference to alley access for new plats but there is no alley access. What are the preferences regarding alleys, is it strong, or should it be eliminated as a concept. It appears to not be used in areas where there may be room for an alley. Not putting an alley in does save some open space and green space for the retention of trees. Ms. Ding stated that alley access was looked at and is done regularly on a case -by -ease basis. In this instance an alley would move the lots out and the roads would not align, or there would be less lots. There are many things that are being looked at that are good things for the City. James Jaeger, Jaeger Engineering, 9419 S 204th Place, Kent, WA 98031 stated that this is a fairly simple plat, there are no issues or complaints with recommendations. The property to the north was going to be developed along with this site as a common plat, however, the owner decided to wait a little longer before developing. The roads were going to continue with a similar plat to the north and the same traffic patterns. It would be difficult to extend Field Ave on the west property line due to some apartments with garages that are encroaching on the property line. The NE 7th request for reduction was so that when the property to the north is developed, that property extends further to the east and it is likely that a half right-of-way would be constructed to complete NE 7t` along this plat but also continue it to the east even further. If a full street were to be developed, it would not be able to continue to the east. Norm Lane, 5000 NE 6t` Street, Renton, WA 98059 stated that his property is exactly the east border from north to south of this plat. He has no real issue with this construction but is concerned his fence along their east border that is currently a five-foot chain link. He has been told that only a four -foot fence would be placed on that border. lloneybrook Circle Preliminary _ at File No.: LUA-06-143, ECF, PP February 15, 2007 Page 4 Ms. Dingy recommended that Mr. Lane should ask for a six-foot before the right-of-way is actually dedicated. Currently it is not a dedicated right-of-way, when it does become dedicated, he would be limited to a four -foot fence. If the fence is built before the dedication, a six-foot fence could be built there. The sections abutting NE 6`f' and NE 7a` would have to be lower so as to not be sight obscuring. Mr. Lane also is concerned with the trees and when the property south of him was developed, many trees were removed and when the windstorm came, two trees went through his house. Now, with this project, any existing tree should be taken down for safety and replaced with smaller trees_ His yard is totally fenced in, it feels safer for he and his family. When some of those trees are being removed, the fence will have to be taken out due to the location of the roots. He wants the fence replaced immediately. The Examiner stated that that would be a private arrangement, the construction people cannot take out his chain link fence or affect the fence without an agreement. They cannot trespass on his property without permission even as working along the boundary to private property. Mr. Lane had further concerns regarding dust and making sure that the dust is kept under control_ Kay Hq nes, Blueberry Place Homeowner's Association, 551 Elma Place NE, Renton, WA 98059 stated that they are located southwest of the new development. They have been severely impacted by this new construction. There is only one egress and ingress to their development, that being NE 6" `, there is no other way to come or go. Concerns have been previously voiced regarding the extension of NE 6a'. The impact of more traffic was played down by the City, one person stated that most people would not even know the street was there. Now that there are more developments with roads opening onto NE 6'l, this will become the main route for travel to Duvall. There have been no stop signs or anything done to protect their safety when coming or leaving their property_ They have been totally overlooked and some procedures need to be taken to ensure safety for the residents of Blueberry Place. Kayren Kittrick, Development Services stated that the modifications to NE 7'h (it was pointed out that there already is a NE 7'h Street to the north) were to keep the options open for the larger developments that will be in the future. To retain emergency access, fire department access, police, garbage, etc, NE 7t" needed to be developed. NE 6"' was dedicated at the same time as Honey Brooke West and it will be going through. They are aware that there is a single gated access that is very limited at that location. They are waiting for the road to be complete before making an evaluation. Transportation has it on their list to do a study once they see what traffic actually does, then they will decide. They are not, at this point, in favor of stop signs. The Blueberry Association should apply to the Deputy Director for Public Works and ask for a complete study. Dust and erosion control plans are approved through the City, she will note Mr. Lane's concerns and make sure he gets in touch with the project manager so that they can be on top of the dust control issue. Regarding alley access to plats they have been in discussions with transportation about how to do this. It does not work for this project and Development Services is going back to Council to ask for clarification. 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 10:08 am. FINDINGS CONCLUSIONS & RECOMMENDATION • 0 Honeybrook Circle Preliminary iat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 5 Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Marc Rousso, filed a request for a Preliminary Plat. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the north side of the 4900 block of NE 6th Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of, but does not mandate such development without consideration of other policies of the Plan. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). The subject site was annexed to the City with the adoption of Ordinance 5203 enacted in May 2006. 9. The subject site is approximately 108,972 square feet or 2.5 acres. The subject site is approximately 331 feet wide (east to west) by 329 feet deep. 10. The site slopes gently down to the south and west losing approximately 20 feet. The applicant estimated 1,500 cubic yards of cut and 500 cubic yards of fill for grading for roads and building pads. 11. No eritical areas were identified on the subject site. 12. A tree survey identified 166 significant trees on the project site. Staff has determined that retention or replacement at a rate of 25% requires retaining or replacing 42 trees. 13. The applicant proposes dividing the subject site into 14 lots and I drainage tract. The lots would range in size from 4,500 square feet to 5,014 square feet. The applicant proposes an interior public loop road system that encircles a block of ten (10) lots, in a two lot by five-Iot arrangement, along with a single tier of lots along the western edge of the plat. W. The primary access to the site would be from NE 6th Street along the south edge of the plat. It would connect on the west with Duvall Avenue NE. Looping north from 6th would be Field Avenue, connecting to NE 7th Street (this proposed name would have to be changed) and then connecting and completing the loop to Graham Avenue NE. All of the lots would take access to these public streets. A review of potential alley access to the interior block was not found practical, as it would have reduced the density of the plat. NE 6th would be extended to the east to Hoquiam. Staff noted that some of the roadways would be less than standard width due to preexisting lot and property lines_ 15. The density for the plat would be 7.8 dwelling units per acre after subtracting roadways from the total acreage. There is no deduction for sensitive areas in this plat. Honeybrook Circle Preliminai j _ iat File No.: LUA-06-143, ECF, PP February 15, 2007 Wage 6 16. The subject site is located within the Renton School District. The project is expected to generate approximately 6 additional school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The development will increase traffic approximately 10 trips per unit or approximately 140 trips for the 14 single-family homes. Approximately ten percent of the trips, or approximately 14 additional peak hour trips will be generated in the morning and evening. 18. Stormwater will be detained on Tract A in the southwest corner of the subject site. The ERC imposed the requirements of the King County Stormwater Manual of 2005 on the subject site. 19. Sewer service will be provided by the City. Lines will need to be extended to serve the subject site. 20. The subject site is served by Water District 90. The applicant has submitted a certificate of water availability from Water District 90. 21. Homeowners from Blueberry Place are concerned that additional traffic will make ingress and egress from their site more difficult. 22. The development of the subject site would not diminish the private property rights of neighboring property owners. CONCLUSIONS: The proposed plat appears to serve the public use and interest. The fourteen new lots will provide additional housing opportunities for those seeking detached single-family homes. The lots are in an area where urban services are available. 2. The development will generate some impacts on the neighborhood and community. Those impacts were anticipated when the Comprehensive Plan was adopted and when zoning was overlaid on the property. The applicant will be paying mitigation fees to offset the development's impacts on roads, parks and fire services. The development will increase the tax base of the City and those taxes should help offset some of the other impacts. The staff noted that they would have to review the traffic patterns along NE 6th Street to ascertain impacts on Blueberry Place. There will be impacts but additional housing always creates some level of additional traffic on existing public streets. 4. In conclusion, the proposed plat appears to reasonably divide the two and a half acre site and should be approved by the City Council. RECOMMENDATION: The City Council should approve the proposed plat subject to the following conditions: The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on January 8, 2007. I1oneybrook Circle Preliminary rlat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 7 2. A demolition permit shall be obtained and all required inspections shall be completed for the removal of the existing shed and stable prior to the recording of the final plat. A Tree Retention/Replacement PIan shall be submitted with the Utility Construction Permit Application to the Development Services Division project manager. The plan shall identify trees to be retained and measures to be taken during construction to ensure the trees are adequately protected. The plan shall also identify replacement trees and shall include the planting location, species type, and planting specifications. 4. A homeowner's association shall be established for the development, to ensure that responsibility is taken for maintenance of common improvements and tracts within the plat prior to final plat approval. A draft of the agreement, HOA and/or CC&R documents shall be submitted at the time of application for utilities construction permits, so that it may be reviewed by the City attorney and the Development Services project manager. 5. Tract A should be landscaped and/or fenced appropriately prior to final plat approval. ORDERED THIS 15th day of February 2007. FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 15" day of February 2007 to the parties of record: Jill Ding Development Services 1055 S Grady Way Renton, WA 98057 Eric LaBrie ESM Consulting Engineers 33915 15` Way S., Ste, 200 Federal Way, WA 98003 Norm Lane 5000 NE 6'` Street Renton, WA 98059 Marc Rousso Seattle Redevelopment, LLC PO Box 2566 Renton, WA 98056 James Jaeger Jaeger Engineering 9419 S 204t` Place Kent, WA 98031 Kenneth Johnson 4915 NE 7`' Street Renton, WA 98059 Leslie Kentworthy Estate of Sylvia Lefler 14110 SE 124' Street Renton, WA 98059 Kay Haynes Blueberry Place Homeowners Assoc. 551 Elma Place NE Renton, WA 98059 C. Thomas Foster Langley Development Group, Inc. 6450 Southcenter Blvd., Ste. 106 Seattle, WA 98188 0 0 Honeybrook Circle Preliminary _ at File No.: LUA-06-143, ECF, PP February 15, 2007 Page S TRANSMITTED THIS 15`' day of February 2007 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Larry Rude, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title N, Chapter S, Section 100(G) of the City's Code, request for reconsideration must be filed in writing on or before 5:00 .m. March 1, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision, This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of 575.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, fust floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., March 1, 2007. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be re uired 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 ane -on -one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all requests for Reconsideration as well as Appeals to the City Council. Project Location_ 49XX NE 6ch Street (Parcel No. 1023059208) D6 - 3 1'23N R5E E 1/2 e RM --F C\2 ' R 10 CA CA SE 113th SE 117th SE 1. E6 T23N ME E 1/2 SE 112th PL F1' R— ...... .... -co lRy NE10th St. R-8 V 6th" St.7! Rj R_ 4 ff 9tv . ......... 8 e RM --F C\2 ' R 10 CA CA SE 113th SE 117th SE 1. E6 T23N ME E 1/2 September d, 20-1 lvlr. Darrell Offe, P.F. 13932 SE 159 h Place Renton, 'WA 98053-3417 � u Department of Commur ty indl Eco"-on1iC'�evelnJillCt�t Ilex Pic PE: Street Modification Request — Field Avenue SIE and NE 6' street Honeybrook Circle Preliminary Plat De r Mr. Offe: We have reviewed your street modification request for the street improvements associated with a proposed 14 lot preliminary plat on the northwest corner of NF 67h St and Field Av NE, Your request is to modify the street standards for this project to rLc:uc�_ the pi veanent Width to 26 feet, and to use the additional right-of-vvay for piurltin; strips. The modification is requested in response to netiv cit, stanclards for planting strips and narrower pavement sections, for residenticll streeLS. We approve the requested n-mclifications. The newstreet itni3roven tints fOr i` -.F 6ii; Street adjacent to the preiiniinary plat ceveioprilent can be modified t;� reduce the pavement width to 26 feet, and provide a rninirTlUrn 6-f00t wide planting strip betweer the new curb and new 5 -foot ',pride sidewalk. The street improvements for Fieid avenue NE are also modified to allow for a reduction in the new pavement width to 26 feet. .with a minimurn width planting strip of five feet. Street trees must be included in Loth r-e�.,v planting strips, and parking limited to one side of the street for ho -J) street frontages. if you have any f !rther questions regarding street improvement or rirzii;�a=:e -'equirements for this project, please contact Arneta Horininger at 425-43u). 1298 c.r _ nenn rig r�:' re�itor��p ��.�Ov . Sincerely, Ned W—stts, Director Development Services Director cc: Kayreri KiLD ick, DevelopmLnt Engineering Supervisor Arneta Henninger, Plan Reviewer Rentnn City Hal€ • 1055 South Grady Way • Reuton,'Nashington 98057 e rentonwa.gov enis D Mayorate City O �zk fi O Ufa i February 11, 2013 Public Works Department -Gregg Zimmerman, P. E., Administrator Roxanne Pattee Puget Sound Energy t 3130 South 38th Street { Tacoma, WA 98409 .e $x [-J RE: Installation of New Metered Street Lights — Honeybrook Circle Dear Ms. Pattee: Please connect the following street lighting service cabinet for the subject development. There are nine 48W luminaries. The 200 -amp service cabinet is located at the 4900 block of NE 0 St (Field PI NE). The service connection address is 61S Field PI NE. The PSE grid number is 318253 167402. The billing address will be: City of Renton Transportation Systems 1055 South Grady Way Renton, WA 98057-3232 The application for service is signed and attached. Please reference our account #003.000000.016.542.95.47-001 in the `Electric Detail' line in the billing summary. If you have any questions please telephone Eric Cutshall at (425) 430-7423. Sincerely, TRANSPORTATION DIVISION Chris M. Barnes, Sr. Transportation Operations Manager Enclosures: Street Light Luminaries Check List cc: Neil Watts, Director, Development Services Kayren Kittrick, Engineering Supervisor, Development Services Eric Cutshall, Transportation Maintenance Supervisor Bob Cavanaugh, Transportation Operations File H:\DNision.s\TRANSPOR.TAT\OPERATIO\TRO -Transportation Signal & Ygnaze Operations\TRO-03 -Street Lighting\PLIGMhoneybrook circle.doc Renton City Hall • 1055 South Grady Way 1 Renton, Washington 98057 • rentonwa.gov SI?*FL[GH-F=LUM[NAIRirGHi=CKtISE i INSPECTORS NAMES;. COt�s rELECTiMAfNT ELECT{21CA! GQNTR� f 12 PROJECT NAME(s): Date of Inspection; %,?lrac� .GLS G : Comments 7. Conduit Size Type and Burial Depth DATE OF INSPECTION COMPLETION LpCATION: 1-30 "f � 8. Conductors size, insulation and Type NOTE: Check to Insure the fallowing fs lnsfalted asoutlined all Replan Standard detall3 and Is installed in section 8 &90f the Standard Specifications and conforms with per the approved plans. Please attach any punch lists created. Constru – ion Inspection Check List Lrghfingconlractbrcall 423-4.30-7203 10 Date of Inspection; Initials of Inspector If Accepted' schedule Inspecbans 1-5 (24 hour notice) i1- WirefSpficeslFusas r �I Comments i. Junction 80xd-;-'C-,-duiVTrench1n 2. Pole Foundaffon 3- Cabinet Foundation and Cabinet Type 4. l3ase Bolts 5. El6ationf5tationin correct B. Check far damage -� EfectrJcal Inspection Check List LighfingConhacforcall 425-430-7202 for toSpections 7- 11 Date of Inspection; Initials of Inspector HAccepted Comments 7. Conduit Size Type and Burial Depth 12. f=ixture and associated parts 1-30 "f � 8. Conductors size, insulation and Type 3. Electrical service -panel 14. Poles numbered 10. Grounding and connections_ 15. Check for damage[ i1- WirefSpficeslFusas r �I Maintenance Inspection Checklist "Date of initials of Inspector Lighting Contractor calf 415-430-7413 for Inspection: If Accepted Commenis inspections 12- 15 12. f=ixture and associated parts 1-30 "f � 13. Poles far plumblaut covers 14. Poles numbered 15. Check for damage[ s Contactor Address , f�� ( r — Me- g Reading WOO i� r04, Service Conn ectibnAddress; � � ` ` Y•�� Date;; I Servic> Transformer +it # _Number of voles: Comments: Vitt, toa 62 �+ wattane: Service Wire Size: Panel Rating (AMPS): o� ato C om. �2�Jc Ryn Maintenance SuyervisoLs Initials; MA . S 7 0 I PUGET SOUND ENERGY The Fnergy To Do Great Things ELECTRIC SERVICE APPLICATION PERMANENT NON-RESIDENTIAL. 201 E For buildings, all or a portion of which is intended for commercial, retail, or genetol public aclivifies. This Ind udes Community wells, barns, and garage shopsloulbultdings• blae for new construction or existing structures converting to natural gas from an alternative fuel, e.g, oil, propane, or electricity. Please submit the CSIS form In addition to this application. A site pian must be submitted with the form In order to. be processed. I NEED PERMANENT: ❑ OVERREAD SERVICE OR ❑ UNDERGROUND SERVICE CUSTOMER•• • PRO}EOTfWJE PMCEL f LOT ND. PROJECTADDRE6S {, �{ qAlr CONTRACTOR CONTACT PAVE PHON°IPHDNE2 6APNCIV4ATIORNO.:.: FAx NO. £JAA,L INSIDE CITY LIMITS? YES ❑ No CONSTRUCTION STA9T DATE DECRIED SERVICE DATE NJMBER OF BIALDwOS{FOR EACH BULDIr:e MMITASEPARATEFOftMME) SERYICEADDRESSfOR RVILUNG TYPE OF BU&HESS6Q FOOTAGE NO. OF METERS IIA4ELSLZE AMPS f.XISTit:4 ELECTRIC OS7R6VIIDi1 SECONDAAYVOLTAGE REQUIREDPIYlSE OVERHEAD - UNDERGROUND 12D 1240 1201289 2771460 REWIRED SINGLE PHASE - C1 THREE PHASE 3NMaILROF FLms- AVlV11EA MRES PER RUWar LNDERGROIRIDSECOCIDARYLUVOUCTORSRE NEUTRALSQE ' Il rkfORMATI(I IS NECF.SSARYTO ENSURE THE ADEQUATE NUMBER OF CONNECTION POINTS TRANSFORMER OR HAND.HOLE VALL DF INSTALLED. ••. INFORMATION EQUIPMENT 1PHASE 3PHASE HP LRC NEMA ELWAT'ORS HEATTNI GENENATORS COOUNo REFRFGERATION WATER HEATING LIGHTINO COOUNO MISCELU,FlEOUS OTHOtMOTORS IOTA1 NEW CONNECTED LOAD DUSTING LOAD EST. TOTAL LOAD EST- TOTAL DE7AAND • WLL E JSTING P05hER FACILMES REOURE RELOCATION? ElyEs Nd VARKONStTE RAN) PLEASE DESCRIBE - 6PECVl B19rHUCT1ON3 This application is official notice to Puget Sound Energy (PSE) lo begin all the needed steps to provide you with new electric serviCe. If any of the above information is changed you may be responsible for addltlonal charges related to engineering, conslructlon, or other aspects of providing service- If there Is a lack or progress or Inactivity On your project and this project is PRURAIJTHOR2E0 NAMEE r; i `�r le i[I AUTHORUiD SIGNANRE I{+♦'LJ I�A�1 I:L/0 11 Please mail signed and completed form to the selected office. MAILING OPTIONS: O Puget Sound Energy (CCS) O Puget Sound Energy (CM E-mail signed and scanned roan to: 3130 S. 38th SL 1660 Park Lane NewSgLyjreApplkcetionsal)PSf.eom Tacoma, WA 98409 Burlington, WA 98233 Fa -253.476.6407 Fax: 360.766.5640 or 253.476.6421 OFFICE USE ONLY.." L3IAM HO.IPLATNO -".•.. 'CL%CUST.No ,:- CLKSTMTNO..; ;•',•. ,. O.x sUa Mb, 6APNCIV4ATIORNO.:.: 1372 OHIO PAGE T OF I 0 PUGET SOUND ENERGY The Energy To Do Great Things CUSTOMER SERVICE INFORMATION SHEET [CSIS] THIS FORM MUST BE SUBMITTED ALONG WITH THE APPROPRIATE APPLICATION(S). CHARGES FOR CONSTRUCTION AND ENERGY USE WILL BE BILLED TO THE PROJECT OWNER. FOR A LIST OF DEFINITIONS AND CORRESPONDING FORMS, PLEASE SEE. THE REVERSE SIDE. PLEASE CHECK ALL THAT APPLY AND ATTACH THE CORRESPONDING FORM FOR EACH SERVICE. [DATE �} / d 105 / 1 3 PROJECTOWNER BUSINESS TAX ID(IF APPLICABLE) 1 ADDRESS CITY STATE ZIP td5� Q PHONE t P NE 2 V E-MAIL K `{30-14.13 j 4 x S - If 10 -77L 100G PROJECT NAME (IF APPLICABLE:) PROJECT SITE ADDRESSu CETY STATE ZIP tl 4 0o ft' TEMPORARY b PROJECT COORDINATOR 1 CONTACT VE i E-MAIL CHARGES FOR CONSTRUCTION AND ENERGY USE WILL BE BILLED TO THE PROJECT OWNER. FOR A LIST OF DEFINITIONS AND CORRESPONDING FORMS, PLEASE SEE. THE REVERSE SIDE. PLEASE CHECK ALL THAT APPLY AND ATTACH THE CORRESPONDING FORM FOR EACH SERVICE. IF PROJECT IS MIXED USE, PICK ALL THAT APPI-Y (PLEASE SEE THE DEFINITIONS). Please mail signed and completed form to the selected office. MAILING OPTIONS: 0 Puget Sound Energy {CCS} 31$0 S. 381h St_ Tacoma, WA 98409 Fax; 253.476.6007 or 253.476.8421 0 Puget Sound Energy (CCS) E-mail signed and scanned form to: 1660 Park Lane NewSeMceAppticattons@PS Ecom Burlington, WA 98233 Fax: 360.766.5640 4411 OLID PAGE 1 OF 2 INQUIRYi ELECTRIC GAS ❑ ❑ PRE -PROJECT INQUIRY 100EG 400EG SERVICE APPLICATIONS ❑ ❑ RESIDENTIAL 100E 100G NON-RESIDENTIAL ❑ TEMPORARY -- 200E C ❑ PERMANENT 204E 2010 ❑ ❑ RESIDENTIAL PLAT DEVELOPMENT 300E 30OG ❑ ❑ MULTI -FAMILY DEVELOPMENT 400E 40OG ALTERED 600E 50OG IF PROJECT IS MIXED USE, PICK ALL THAT APPI-Y (PLEASE SEE THE DEFINITIONS). Please mail signed and completed form to the selected office. MAILING OPTIONS: 0 Puget Sound Energy {CCS} 31$0 S. 381h St_ Tacoma, WA 98409 Fax; 253.476.6007 or 253.476.8421 0 Puget Sound Energy (CCS) E-mail signed and scanned form to: 1660 Park Lane NewSeMceAppticattons@PS Ecom Burlington, WA 98233 Fax: 360.766.5640 4411 OLID PAGE 1 OF 2 Description: Job Address; Owner: Contractor: s Contact: CI'T'Y OF RENTON Tlo�uc� �1doa`1I Construction permit Permit Nu2nber: U 12p p 54 Permission Is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifrcaUons pertaining thereto, subject to cornpiiance with the Ordinances of the Ciiy of Renton. INSTALL ST LIGHTS DRAW ##3391 HDNEYBROOK CHICLE 490013LOCK OF h'E 5TH STREET JAYMARC @ HONEYBROOK, LLC RENT ON SVA PRIDE ELICCTRIC INC 18 13 3 NE 68TH ST D 12 0 REDMOND, '"'A 98052 SEATTLE RE, DENTLOPMENT LLC Iuformation: Date of Issue Date of Expiration Date Finaled 06/05/2012 06104/2013 Contractor License: PR)DEEI077DR Contractor Phone: 425454-3665 City License; 4109 Contact's Phone: 425-226-9100 Pork Order Parcel Number Inspector's Name Inspector's Phone 87031 1023059208 DAN TROMYSON 206-999-1828 Work Other understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the —It is performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. CRU 425-430-7203 one working day in advance for inspections and for work in the Right of wayTa Cancel an Inspection - call 425-430-7200 bethreea 8AM and SPM Locate utilities before excavating. Call before you dig - 72 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except as described above and in approved plans, and -that work is to canform to Renton codes and ordinances_ Subject to coiupliance with the Ordinances of the City of Renton and information filed herewith permit is granted, X Applicant THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. 0 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M D R A N D U M DATE: March 11, 2013 T0: Bob MacOnie, Technical Services FROM: Jan Illian, Plan Review 9L SUBJECT: RAVENNA FINAL PLAT LUA 12-000220FP 4900 - NE 6T" Street Enclosed are the latest corrections to the final plat per your memo dated January 25, 2013. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thankyou Approval: cc: Yellow File ivame [ me Date 0 DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: JayMarc at Honeybrook, LLC Ravenna Final Plat aka Honeybrook Circle (Preliminary Plat LUA06-143) File: LUA 12-00220FP LOCATION: 4900 — NE 6t" Street SE % Section 10, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 14 single family residential lots, one drainage tract, with sewer, storm, streets, and (WD 90) water. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, JayMarc at Honeybrook, LLC filed a request for approval of a 15 lot final plat and two tracts. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3_ The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Nan -Significance -Mitigated on January 8, 2007, for the subject proposal. 4_ The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4900 — NE 6m Street. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 2.5 acre parcel. 7. The Preliminary Plat received approval by the Hearing Examiner on February 15, 2007. 8. The property is located within the R-8 Zoning. 9, The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a_ The applicant has complied with the recommendations found in the geotechnical report prepared by Earth Solutions LLC dated January 11, 2006. b The applicant provided a temporary erosion and sediment control plan. c. The storm detention system was designed to comply with the 2005 King County Surface Design Manual. d. Park Impact fees will be paid at building permit issuance. e_ Traffic Impact fees will be paid at building permit issuance. f. Fire Impact fees will be paid at building permit issuance. 11. In addition, the applicant has complied with the conditions as a result of the preliminary plat approval: a. The applicant has complied with the above noted ERC (DNS) conditions. b. A demolition permit was applied for and all inspections have been completed. c. A tree retention/replacement plan was submitted under the construction permit. The plan was approved. d. A homeowner's association has been established for the development and CC&R documents have been submitted and reviewed by the City attorney. e. Tract A has been landscaped and fenced. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the Hearing Examiner., RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2_ All fees shall be paid prior to the recording of the plat_ SUBMITTED THIS 12th DAY OF March, 2013 ELOPMENT SERVICES DIVISION 0 Project Name: Honeybrook Circle Final Plat (aka Ravenna Final Plat) LUA12-000220 LUA06-143PP • Description This is a Final Plat for a 15 lot and 2 Tracts subdivision for single family residents. The plat includes.the installation of sanitary sewer, storm, curb, gutter, sidewalk, street improvements and street lights. Also included is Water District 90 watermains. Jennifer Henning is the only Planner name l have on record. Project Manager: Arneta Henninger Acceptance date: January 3, 2013. Comments due: January 17, 2013 Site area: 108,947 square 'feet Project location: Portion of SE % Sect. 10, Twp 23 N, Rng. 5E Ail in vicinity of NE 6th St, Field PI NE and Graham Ave NE. ' CITY OF RENTOI& DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA06-143, PP, ECF APPLICANT: Seattle Redevelopment LLC, Marc Rousso PROJECT NAME: Honeybrook Circle Prelimany Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 108,972 square foot (2.5 acre) parcel located within the Residential - 8 (R-8) dwelling unit per acre zoning designation. The proposed lots would range in area from 4,$00 square feet to 5,094 square feet. Access to the proposed lots would be provided via a new internal public street system, which would access off of NE 6th Street. No critical areas have been identified on the project site. LOCATION OF PROPOSAL: 49XX NE 6th Street (parcel no. 102305-9208) LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1, The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated January 11, 2006. 2_ The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume Il of the most current Stormwafer Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permifs. This condition shall be subject to the review and approval of the Development Services Division. 3. The'detention system Ior this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control — a.k.a. Level 2) and water quality improvements. 4. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot_ s 5. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat. It is anticipated that the proposed project would result in the payment of $10,048.50 (133.98 net new daily trips x $75 = $10,048.50). 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. The fee is estimated at $6,832 ($488 x 14 = $6,832). ERC Mitigation Measures Page 1 of � r CITY OF RENTON DEPARTMENT OF COMMUNITY &ECONOMIC DEVELOPMENT MEMORANDUM Date: April 16, 2013 To: City Clerk's Office From: Stacy M Tucker Subiect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Ravenna Final Plat LUA (file) Number: LUA-12-000220, FP Cross -References: LUA06-143 AKA's: Honeybrook Circle Project Manager: Jan Illian Acceptance Date: January 16, 2013 Applicant: Darrell Offe Owner: JayMarc at Honeybrook LLC Contact: Sarre as applicant PID Number: 1023059208 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with two conditions Date: April 4, 2013 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Location: Comments: 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 C� 0 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Ravenna } FINAL PLAT APPROVAL Final Plat } LUA 12-00220FP ) Summary The Applicant has applied for final plat approval for the Ravenna aka Honeybrook Circle subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: I. March 12, 2013 memo from Jan Illian to Phil Olbrechts. 2. March 12, 2013 staff report. 3. Plat Map FINAL PLAT - 1 Findings of Fact K 1 1 Procedural: 2 L Applicant. JayMarc at Honeybrook, LLC 3 2. Hearinc. No hearing is required or held for final plat applications. 4 5 Substantive: 6 3. Description of Proposal. The Applicant is requesting final plat approval for a 15 lot subdivision. The City of Renton Hearing Examiner approved the preliminary plat on February 15, 7 2007. The final plat encompasses 2.5 acres. It is located at 4900 -NE 6`h Street. 8 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all 9 preliminary plat conditions of approval, as detailed in the staff report. Ex. 2, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full_ 10 11 Conclusions of Law 12 13 Procedural: 14 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. I5 16 Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other 17 than to require that `'the final plat shall conform with only minor modification to the preliminary 18 plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any 19 outstanding conditions. 20 21 DECISION 22 23 The final plat application is approved, subject to the following conditions: 24 1. All applicable fees shall be paid prior to recording of the final plat, except those fees 25 expressly deferred to a later date by the preliminary plat conditions of approval. 26 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff, with the posting of adequate security, prior to the recording of the plat. FINAL PLAT - 2 l 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 Dated this 4th day of April, 2013. t' C' City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7`h floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 1"Iffill CITY CLERK'S OFFICE CITY OF RENTON 1055 SOUTH GRADY WAY RENTON,_WA 98057 DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Grantee: City of Renton Legal Description: Additional Legal(s) on: Assessor's Tax Parcel ID#: r ?;Uv IN CONSIDERATION of the approved City of Renton(check one of the following) residential building permit, ❑ commercial building permit, ❑ clearing and grading permit, Xsubdivision permit, or © short subdivision permit for Application File No. LUA/SWP relating to the 60/ real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby 9 0 covenants(covenant) with City or Renton, a political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: 1. Grantors) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ('BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City or Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. if the engineer option is chosen, the Owners shall provide written notice to the City of Renton within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer's report to the City of Renton. If the report is not provided in a timely manner as specified above, the City of Renton may inspect the BMPs without further notice. 4. If the City determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, The City shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required under RMC 4-6-030. The City shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has 0 0 passed, the Owners shall allow the City access to re -inspect the BMPs unless an engineer's report has been provided verifying completion of the Work. if the work is not completed properly within the time frame set by the City, the City may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of RMC 4-6-030 and may subject the Owners to enforcement under the RMC 1-3, including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from the City or Renton before performing any alterations or modifications to the :u' 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s) successors in interest and assigns. S. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City of Renton that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this day of , 20 C��l GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: "1 �i4Zi`a7 hfb to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the w Given under my hand and official seal gool OHS r� M � uq g�t`f tY ri stole ot W°St,in9%p�ie� MY C° [cMs� � ��a13 M� dart ►v !'1 . i Y t T- L'1H Printed name Notary Public in and for the State of Washington, residing at My appointment expires (ns ill `>013 EXHIBIT A �p ^ TRACT B — FIRE ACCESS AB9fOSQ.0 92.83' o I N69'51'071M 6g 50• �p� �' vS°' 0 b64 18' I 24' 8.95'..... 63.5` .... 92.83' w $Ln 0 TQC 5a. SLU o :..... 6 J4" ....: :..... 63.94'....: w 92.83' t, Z w 6 5p. o ILO 6�6 X15ui2 6pt 'n - t7 92.83' v LO In 92.83' Z :.....83:92.....: :.... - 83.92' ..co: 84.83' 18784' ......... . ..... c I 24' z P 2fi' J n ��Q�� o I 'coz G L=19.17' I R=20.8' 2 72.53,LmD.$9' .. . ...............L ...............=20.0' E L=31-94' 10.7T 127.86' 9.00' — -� NE 6th STREET EXHIBIT '"B" PERFORATED PIPE CONNECTION Your property contains a stormwater management flow control BMP (best management practice) called a "perforated pipe connection," which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom, designed to "leak" runoff, conveyed by the pipe, into a gravel filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system. The size and composition of the perforated pipe connection as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval from the City of Renton. The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. RESTRICTIVE FOOTPRINT MAINTENANCE INSTRUCTIONS Your property contains a stormwater management flow control BMP (Best Management Practice) known as "restrictive footprint'; the practice of restricting the amount cf impervious surface that may be added to the property so as to minimize the sLor mwater runoff impacts caused by the impervious surface. The total impervious surface on your properby, may not exceed 2,600 square feet ` it ;out wr, itteri approval from the Crty of °enton. EXHIBIT C LEGAL DESCRIPTION THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN COUNTY ROAD. 0 0 DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: JayMarc at Honeybrook, LLC Ravenna Final Plat aka Honeybrook Circle (Preliminary Plat LUA06-143) File: LUA 12-00220FP LOCATION: 4900 — NE 6th Street SE 1 Section 10, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 14 single family residential lots, one drainage tract, with sewer, storm, streets, and (WD 90) water. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, JayMarc at Honeybrook, LLC filed a request for approval of a 15 lot final plat and two tracts. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Nan -Significance -Mitigated on January 8, 2007, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4900 — NE 6th Street_ The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 2.5 acre parcel. 7. The Preliminary Plat received approval by the Hearing Examiner on February 15, 2007. S. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 0 0 10, The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a. The applicant has complied with the recommendations found in the geotechnical report prepared by Earth Solutions LLC dated January 11, 2006. b The applicant provided a temporary erosion and sediment control plan_ c. The storm detention system was designed to comply with the 2005 King County Surface Design Manual. d. Park Impact fees will be paid at building permit issuance. e. Traffic Impact fees will be paid at building permit issuance. f. Fire Impact fees will be paid at building permit issuance. 11. In addition, the applicant has complied with the conditions as a result of the preliminary plat approval: a. The applicant has complied with the above noted ERC (DNS) conditions. b. A demolition permit was applied for and all inspections have been completed. c. A tree retention/replacement plan was submitted under the construction permit. The plan was approved. d. A homeowner's association has been established for the development and CC&R documents have been submitted and reviewed by the City attorney. e. Tract A has been landscaped and fenced. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the Hearing Examiner.. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 12`h DAY OF March, 2013 ELOPMENT SERVICES DIVISION Project Name: Honeybrook Circle Final Plat (aka Ravenna Final Plat) LUA12-000220 LUA06-143PP Description This is a Final Plat for a 15 lot and 2 Tracts subdivision for single family residents. The plat includes the installation of sanitary sewer, storm, curb, gutter, sidewalk, street improvements and street lights. Also included is Water District 90 watermains. Jennifer Henning is the only Planner name I have on record. Project Manager: Arneta Henninger Acceptance date: January 3, 2013. Comments due: January 17, 2013 Site area: 108,947 square feet Project location: Portion of SE % Sect. 10, Twp 23 N, Rng. 5E All in vicinity of NE 61h St, Field PI N£ and Graham Ave NE. CITY OF RENT* DARMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA06-143, PP, ECF APPLICANT: Seattle Redevelopment LLC, Marc Rousso PROJECT NAME: Honeybrook Circle Prelimany Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 108,972 square foot (2.5 acre) parcel located within the Residential - 8 (R-8) dwelling unit per acre zoning designation. The proposed lots would range in area from 4,509 square feet to 5,01.4 square feet. Access to the proposed lots would be provided via a new internal public street system, which would access off of NE 6th Street. No critical areas have been identified on the project site. LOCATION OF PROPOSAL: 49XX NE 6`h Street (parcel no. 102305-9208) LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: _ The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated January 11, 2006, 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume 11 of the most current Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. 3. The'detention system for this project shall be required to comply with the requirements found in the 2005 Icing County Surface Water Design Manual to meet both detention (Conservation Flow control — a.k_a. Level 2) and water quality improvements. 4. The applicant shall pay_ a Parks Mitigation Fee based on $530.76 per each new single family lot. 6. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat. It is anticipated that the proposed project would result in the payment of $10,048.50 (133.98 net new daily trips x $75 = $10,048.50). 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. The fee is estimated at $6,832 ($488 x 14 = $6,832). Page 1 of ERC Mitigation Measures ' City Of, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MUM M E M O R A N D U M DATE: March 11, 2013 TO: Bob MacOnie, Technical Services FROM: Jan Illian, Plan Review Q1 SUBJECT: RAVENNA FINAL PLAT LUA 12-00022.OFP 4900 - NE 6TH Street Enclosed are the latest corrections to the final plat per your memo dated January 25, 2013. Attached is the revised plat. if all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thankyou Approval: cc: Yellow File Name I itle uate Denis Law Mayor February 11, 2013 Roxanne Pattee Puget Sound Energy 3130 South 38th Street Tacoma, WA 98409 City of,,S�' o + Public Works Department - Gregg Zimmerman, P. E., Administrator RE: Installation of New Metered Street Lights— Honeybrook Circle Dear Ms. Pattee: Please connect the following street lighting service cabinet for the subject development. There are nine 48W luminaries. The 200 -amp service cabinet is located at the 4900 block of NE 6th St (Field PI NE). The service connection address is 615 Field PI NE. The PSE grid number is 318253 167402. The billing address will be City of Renton Transportation Systems 1055 South Grady Way Renton, WA 98057-3232 The application for service is signed and attached. Please reference our account #003.000000.016.542,95.47.001 in the `Electric Detail' line in the billing summary. If you have any questions please telephone Eric Cutshall at (425) 430-7423. Sincerely, TRANSPORTATION DIVISION i Chris M. Barnes, Sr. Transportation Operations Manager Enclosures: Street Light Luminaries Check List cc: Neil Watts, Director, Development Services Kayren Kittrick, Engineering Supervisor, Development Services Eric Cutshall, Transportation Maintenance Supervisor Bob Cavanaugh, Transportation Operations File N-%Division.s%TRANSPOR.TAT�OPERATIO�TRO-Transportarnn Signal & Signage Opemtions1TR0-a3 -Street Lighhng\PUGET\hcneyhrook circle.doc Renton City Hall ■ 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov S1 ( LIGHT-LUMINA1RL- rHCCK DIST CCTMAINONSELFtFC�T-RICGA L GOVi1AR5 NAYE LPR—QJECrs: 1)ATCOFINSPECTIOt1COMPLFTION:: - LOCATION: �� — ----- N_UTE' Check to Insure the following Is Installed as outlined in section 8 9 of the Standard Specifications and conforms wish ail Renton Standard details and is Insialled per the approved plans. Please attach any punch lists created. ConstrUblion Inspection Check List Date of Initials of Inspector t_fghtingconfractorcall 425.430-7203 to Inspection: If Accepted Comments schedule fnspections 1-6 (24 hour notice) i. Ju: cline Huxr.:'C��duil/ifenctlin - - 2, Pale FoUndatbn _ _ �rj-• JZ 3. Cabinet Foundalion and Cabinet Type 4. Base Bolls - n- 'ti _ _- 5. Elevatton1stationing correct f/ 6. Check for damage 7 Electrical Inspection Check List Lighting Con tractor c,111 425-43.0-7202 for inspections 7- 11 date of Initials of Inspector Inspection: If Accepted 114 4- Comments 7. Conduit Size Type and Burial Depth J 3- Qt 8. Conductors size, insulation and Type PI S 9. Electrical service p, anel 14, Pales numbered 10. Groundln,q and connections o%.S/ `2-� d 11. Wire/Splices/Fuses - Maintenance Inspection Checklist date of Initials of Enspector Lighting Contioclor calf 425-430.7423 for Inspection: VAecepted Comments lrrs�uections 92- 13 12- Flxtufe and associated parts �-✓�d "1j 13. Poles for plumb/nut covers 14, Pales numbered J-3&43 16. Check for damage 1-31? Contactor Address:f� ;Meg Reading: fJ IOU E CF1elk dr >9p'0r� Servidre ce Connection Adss; Uale: Servirx Transformer �f1dT w--- Number of pores: Comments:'r (CedL fJ 'f W. al#agg. ptor 4 Service Wire Size: J Panet Rating (AMPS): `kta awl o1I Maintenance Supervisors Initials: h 0 0 PUGET SOUND ENERGY The Fnergy To Do Grear Things ELECTRIC SERVICE APPLICATION PERMANENT NON-RESIDENTIAL 201 E Far buildings• all or a portion of which Is Intended for commercial, ratan, or general public activities. This Includes community wells, barns, and garage shopsloulbuildings. Vae for new ran struction or existing structures converting to natural pas from an alternative fuel, e.g, og, propane, or eleclricity. Please submit the CSIS form In addition to this application. A site plan must be submitted with the form In order to. be processed. I HEED PERMANENT: ❑ OVERHEAD SERVICE oR ❑ UNDERGROUND SERVICE This application is official notice to Puget Sound Energy (PSE) to begin all the needed steps to provide you with new electric service. If any of the above Information is changed you may be responsible for additional charges related to engineering, constnictlon, or other aspects of providing service. It there Is a lack of progress or inactivity an your project and this project is canceled either bvyou or by PSE, you will be responsible for paying PSE actual costs Incurred up to the time of cancellation. palm AVTHDnl2Eb NAVE �r t 1�� AUTH4R12ED SM�N{TUR£ �1' � DATE/ +, Please mail signed and completed form to the selecled office. MAWNG OPTIONS: 0 Pug•t Sound Energy {CCS} 0 Puget Sound Energy (CCS) E-mail signed and scanned form to: 3130 S, 38th SL 1660 Park Lane NewServkeAooUraYionsfdlF'$�,FpRI Tacoma, WA 98409 Burlington. WA 90233 F=2S3A78.6007 Fax 360.766.5640 or 253.476.6421 :... OFFICE USE ONLY:.. CUSTOMER•• PROJECr V"E PAACELJLOTNO. AWA azIL PROJECTAODRESSOf i9oo —_ C0.VIWGiD0. CONTACT 1UlVE PHONS 1 —� �PNONE 2 r'AX NO. E4AAAt I N81De CRY LNIn87 CONSTRUCTION START DATE 1113*F11 SERVICE DATE YES NO PERMANENT SERVICE INFORMATION t4uWnr-Q OF aULOv:OB IFOR EACH BUILDCNa"Wr ASEPARATE FORM 201E) SERVICE ADDRESSFOR SULDMG TYPE OF BUS,NESS so. FooTACE NO-OPOITEAS P ELSlZE AMPS &YAT]NGELECTRICD.'5TRI8IJr10N OWWF_!Au UNDERGROUND SECONDARY 4DLTAGE REWIRED 1201240 120!208 ❑ 2771480 PHASE REQUIRED K SINGLE PHASF. THREE PHASE NVMaILR OF RUNS• I NV USER wLRES PER R4J"ar I"IIERLROW ID SECONDARYCONDUCTOR SIZE I N91,11 iAL SI E *THIS INFORMATION IS RECESSARYTO ENSURE 111E ADEOUA-FE NUMBER OF CONNECTION POINTS TRANSFORMER OR HAND -HOLE WLL BE INSTALLED. •F INFORMATION EQUIPMENT 1PHASE 3PHASE HP LRC NEMA ELEVATORS HEATING GENERATORS GOOL1 NG REFRIGERATM WATERHEATING LIGHTING COOgNO MISCELLANEOUS 01IiF.R IAIpTORS TOTAL NEWCONNECTEDLOAD _ E*STM LOAD EST. TOTAL LOAD EST. TOTAL DE74AND • LASLL E)OST)NG POWER FAa LMES REQUIRE RELOCATION? EIYES NO tVAfIK ON SITE PLANT PLEASE DESCRIBE SPECW tNSTRUCT10NS This application is official notice to Puget Sound Energy (PSE) to begin all the needed steps to provide you with new electric service. If any of the above Information is changed you may be responsible for additional charges related to engineering, constnictlon, or other aspects of providing service. It there Is a lack of progress or inactivity an your project and this project is canceled either bvyou or by PSE, you will be responsible for paying PSE actual costs Incurred up to the time of cancellation. palm AVTHDnl2Eb NAVE �r t 1�� AUTH4R12ED SM�N{TUR£ �1' � DATE/ +, Please mail signed and completed form to the selecled office. MAWNG OPTIONS: 0 Pug•t Sound Energy {CCS} 0 Puget Sound Energy (CCS) E-mail signed and scanned form to: 3130 S, 38th SL 1660 Park Lane NewServkeAooUraYionsfdlF'$�,FpRI Tacoma, WA 98409 Burlington. WA 90233 F=2S3A78.6007 Fax 360.766.5640 or 253.476.6421 :... OFFICE USE ONLY:.. A:AIAP NO.lPLAT HO. -- CLX CUST No.- CLXSTMT N0.. "' Ct.k SUB NO. SAPNOTTFICATION NO. 1373 62!10 PAGE $ OF 1 0 PUGET SOUND ENERGY The Energy To Do Great Things 0 CUSTOMER SERVICE INFORMATION SHEET [CSISI THIS FORM MUST BE SUBMITTED ALONG WITH THE APPROPRIATE APPLICATION(S). CHARGES FOR CONSTRUCTION AND ENERGY USE WILL BE BILLET] TO THE PROJECT OWNER. FOR A LIST OF DEFINITIONS AND CORRESPONDING FORMS, PLEASE SEE THE REVERSE SIDE. PLEASE CHECK ALL THAT APPLY AND ATTACH THE CORRESPONDING FORM FOR EACH SERVICE. DATE ;L 105113 PROJECT OWNER BUSINESS TAX la (IF APPLICABLE) � 1-600i ADDRESS toss $. CITY STATE ZIP Cj05 PHONE 1 47-5 _430-141.3 1 P66NE2 V 4 X5 - 430 E-MAIL PROJECT NAME (IF APPLICABLE) PROJECT SITE ADDRESS i0o d' ' 410o CITY STATE ZIP 4� PROJECT COORDINATOR; CONTACT NC 1 E-MAIL CHARGES FOR CONSTRUCTION AND ENERGY USE WILL BE BILLET] TO THE PROJECT OWNER. FOR A LIST OF DEFINITIONS AND CORRESPONDING FORMS, PLEASE SEE THE REVERSE SIDE. PLEASE CHECK ALL THAT APPLY AND ATTACH THE CORRESPONDING FORM FOR EACH SERVICE. IF PROJECT IS MIXED USE, PICK ALL THAT APPLY (PLEASE SEE THE DEFINITIONS). Please mail signed and completed form to the selected office. MAILING OPTIONS- Puget Sound Energy (CCS) 3130 S. 38th 51 - Tacoma, WA 98405 Fax: 253.476.6007 or 263.476.6421 O Puget Sound Energy (CGS) E•mall signed and scanned form to: 1860 Park Lane ; Burlington, WA 98233 Fax: 360-766.5840 4411 47110 - PAGE 1 OF 2 INQUIRY FORM ELECTRIC GAS ❑ ❑ PRE -PROJECT INQUIRY100EG 100EG SERVICE APPLICATIONS — ❑ ❑ RESIDENTIAL 100E 1QOG NON-RESIDENTIAL TEMPORARY 200E 9 PERMANENT 2 2❑ ❑ ❑ RESIDENTIAL PLAT DEVELOPMENT 300E 30OG ❑ ❑ MULTI -FAMILY DEVELOPMENT 400E 40OG ❑ ❑ ALTERED 600E 600G IF PROJECT IS MIXED USE, PICK ALL THAT APPLY (PLEASE SEE THE DEFINITIONS). Please mail signed and completed form to the selected office. MAILING OPTIONS- Puget Sound Energy (CCS) 3130 S. 38th 51 - Tacoma, WA 98405 Fax: 253.476.6007 or 263.476.6421 O Puget Sound Energy (CGS) E•mall signed and scanned form to: 1860 Park Lane ; Burlington, WA 98233 Fax: 360-766.5840 4411 47110 - PAGE 1 OF 2 Description: Job Address: Owner: Contractor: Contact: • C11TY OF RF4,NTON Y o W \ ao a. =1 i Construction Permit Pe1•rntl Number: U�20054 Permission Is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Rentdn. INSTALL ST LIGH'T'S DRAW #3391 HONE'YBROOK CIRCLE 4900 BLOCK OI` NE 6TH STRIEE;T SAYMARC rr HONEYBROOK, LLC R1sNTON WA PRIDE ELECTRIC INC 18133 NE 68TH ST D120 REDMOND, WA 98052 SEATTLE REDEVELOPMENT LLC Information: Date of Issue Date of Expiration Date Finaled 0610512012 06/04%2013 Contractor License: PRIDE,EI077DR Contractor Phone: 425-454-3665 City License: 4109 Contact's Phonc: 425-226-9100 Work Order Parcel Number Inspector's Nanie Inspectors Phone 87031 1023059208 DAN THOMPSON 206-999-1828 Work _Other understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the It ms performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way rti st be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections and for anv work in the Right of ti ay To Cancel an Inspection - call 425-430-7200 bethveen SAM and SPM r Locate utilities before excavating. CA before you dig - 72 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except as described above and in approved plans, and that work :s to conform to Renton codes and ordinances. Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted, Applicant Public Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ,ALL TIMES. Denis Law Mayor 11f l r Department of Community and Economic Development January 16, 2013 C.E."Chip"Vincent, Administrator Darrell Offe, P.E. Offe Engineers 13932 SE 159tH Place Renton, WA 98058 Subject: Notice of Complete Application Honeybrook Circle (Ravenna),. LUA12-000220, FP Dear Mr. Offe: The Planning Division 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) 430-7298 if you have any questions. Sincerely, Arneta Henninger Project Manager cc: JayMarc at Honeybrook, LLC / Owner(s) Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov City of Renton LAND USE PERMIT MASTER APPLICATIO PROPERTY OWNER(S) NAME: � MAVC, ADDRESS: *Qw 7C� CITY: X n ,,Ipn ZIP: TELEPHONE NUMBER: 2-00.-310. APPLICANT (if other than owner) NAME: off-leiTkhxv, ' COMPANY (if applicable): Ll ADDRESS: �y� 2 [61 � A f CITY: ZIP: lgdm , TELEPHONE NUMBER: CONTACT PERSON NAME: 9b m p ks /A'FP COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: tO Oivisioo ?01? PROJECT INFORMATION PROJECT OR DEVELOPMENT NAM ,�� U � iJ P� � -�•A . I �'� Pj�.C,o PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CaQ9 F-11 ctp!� Pc ex N� KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): [ n__50 S — 01 ?. S EXISTING LAND USE(S): PROPOSED LANDMUSE(S): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: F_ PROPOSED ZONING (if applicable): N/N SITE AREA (in square feet): 66 too 6141 5-F. SQUARE FOOT GE OF PUBLIC ROADWAYS TO BE DEDICATED: 10( t VS SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NUMBER OF PROPOSED LOTS (if applicable) 14— NUMBER 4— NUMBER OF NEW DWELLING UNITS (if applicable): L4- http://rentonwa.goyluploadedFilesIRusinessIPBPWIDEVSERVIFORMS_PLANNfNGImasterapp.doe - 1 - FWJECTINFORMA7 NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): ES11„ry.� GM_ SQUARE FOOTAGE OF EXISTINGRESIDENTIAL BUILDINGS TO REMAIN (if applicable): rdlA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): /U f /cIt– SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Aj A -- NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 'Aj L Ar, NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 1 /J+— r ION contmueci PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the following information included) SITUATE IN THE E V QUARTER OF SECTION 10 , TOWNSHIP , RANGE( , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Names) _ �� ,i �A c— r -w -,u declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and tqe information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING } I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be his/her/their fr a nd voluntary act for the uses and purpose mentioned in the instrument. ; i Public in and for the State of Washington My appointment expires http://rentonw&govluploadedFilesIBusiness/PBPW/DEVSERVIFORMS_PLANNINGImasterapp.doe - 2 - f PLANNING DIVISION T WAIVE OFBMITT SU AL REQUIREMENTS FOR LAND USE APPLICATIONS tANb USS f IMMIT.' 509MITTAI. I irk f gpIPEBn C ..REF�1�IFtE�d1ENTS. .. .. c�#PeI�� Calculations , Gclored Mapis #oi €7isREay This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: H o �WOP,6 a DATE: vbv V)r 2,1011Z_ 0:1WEB1PWIDEVSERV1Forms\Planninglwaiverofsubrrittalregs.xis 02108 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS urban tenter G?esign Overay flis#rtpt Repprt 4 Utilities Plan, Generalized 2 if�Leilarfdi Ming tEoa Plan, E3na1 Wetlands Mitigation Plan, Preliminary A � 01am mms Reportfoeli eat k ..... ::. .. 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 2AND 3 Map of View Area 2 AND 3 PhotoslmulationS 2 AND 3 I his requirement may be waived by: 1, Property Services Section PROJECT NAME:�� 2. Public Works Plan Review Section J. Building Section DATE: 4. Planning Section Q, VF8\PWIDEVSRRV,=ormslPIanniriglwaivero(suhrz)lttaIreq s.As 02108 Fie HONEYBROOK CIRCLE ,i nIlnq ivi oto,, n LUA06-143 DE 4 7 7D72 D.N.S — Conditions ' _�� 1. Design and construction is per recommendations within geotechnical repor eo 2. TESCP / SWPPP are installed and monitored per DOE requirements 3. Detention system was designed to meet 2005 KCSWM standards ' 4. Park fee to be paid prior to plat recording 5. Traffic fee to be paid before plat recording '6. Fire Mitigation fee to be paid before plat recording Examiner / Plat Re nrnendations 1. Meet conditions of DNS above 2. Demolition permit was not required since there was no structure on the property at the time of plating or construction 3. Tree retention/replacement plan was approved as part of the landscape/tree planting plan 4. HOA has been established with CC&R`s attached 5. Tract A (Detention vault) is shown to be landscaped and fenced as shown on landscape and engineering pians. This work shall be installed or bonded prior to plat recording 1 1� r Kathy Keolker, Mayor January10, 2007 CgTY•OF RF.NTON Planning/Building/PublicWorks Department Gree Zimmerman P.E., Administrator Eric LaBriea- - ESM Consulting C:- 33915 1 st Way S #200 Federal Way 98003 2007 SUBJECT: Honeybrook Circle Preliminary Plat LUA06-143, PP, ECF Dear Mr LaBrie: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non- Significance-Miligated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Section G for a list of the Mitigation Measures. Appeals of the environmental determination must be fled in writing on or before 5:00 PM on January 26, 2007. Appeals must be filed in writing together with the required $75 00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Fenton Municipal Code Section 4-8-110.6. Additional information regarding the appeal process may be obtained from the Renton City Cleric's Office, 1425) 430-6510 A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on February 6, 2007 at 9:00 AM to consider the Preliminary Plat. The applicant or repfesentative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee, Jill K. Ding Senior Planner cc: Leslie Kentworthy - Estate of Sylvia Lefler 1 Owner(s) Kay Haynes, Norm Lane, Kenneth Johnson, Langley Development Group, Inc / Party(ies) of Record Marc Rousso / Applicant Enclosure 1055 Soulh Grady Way - Renton, Washinglon 98457 0 ThispaperconlmnsSP ,recydednVNetial 3096poslccm ner RENTON' A11 EA1301; I11!CURVE. 0 CITY OF RENT K DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA06-143, PP, ECF APPLICANT: Seattle Redevelopment LLC, Marc Rousso PROJECT NAME: Honeybrook Circle Prelimany Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 108,972 square foot (2.5 acre) parcel located within the Residential - 8 (R-8) dwelling unit per acre zoning designation. The proposed lots would range in area from 4,500 square feet to 5,014 square feet. Access to the proposed lots would be provided via a new internal public street system, which would access off of NE 6th Street. No critical areas have been identified on the project site. LOCATION OF PROPOSAL: LEAD AGENCY: MITIGATION MEASURES: 49XX NE 6`" Street (parcel no. 102305-9208) The City of Renton Department of Planning/Building/Public Works Development Planning Section 7. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated January 11, 2006. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume 11 of the most current Stormwafer Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. 3. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control -- a.k_a. Level 2) and water quality improvements, 4. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. 5. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat. it is anticipated that the proposed project would result in the payment of $10,048.50 (133.98 net new daily trips x $75 = $10,048.50)- 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. The fee is estimated at $6,832 ($488 x 14 = $6,832)_ ERC Mitivanan Measures Page 1 of 1 lloneybrook Circle Prelimo Flat file No.: LUA-06-143, ECF, PP February 15, 2007 '1 Page 6 J 16. The subject site is located within the Renton School District_ The project is expected to generate approximately 6 additional school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The development will increase traffic approximately 10 trips per unit or approximately 140 trips for the 14 single-family homes. Approximately ten percent of the trips, or approximately 14 additional peak hour trips will be generated in the morning and evening. 18. Stormwater will be detained on Tract A in the southwest corner of the subject site. The ERC imposed the requirements of the King County Stormwater Manual of 2005 on the subject site. 19. Sewer service will be provided by the City. Lines will need to be extended to serve the subject site. 20. The subject site is served by Water District 90. The applicant has submitted a certificate of water availability from Water District 90. 21. Homeowners from BIueberry Place are concerned that additional traffic will make ingress and egress from their site more difficult. 22. The development of the subject site would not diminish the private property rights of neighboring property owners. CONCLUSIONS: The proposed plat appears to serve the public use and interest. The fourteen new lots will provide additional housing opportunities for those seeking detached single-family homes. The lots are in an area where urban services are available. The development will generate some impacts on the neighborhood and community. Those impacts were anticipated when the Comprehensive Plan was adopted and when zoning was overlaid on the property. The applicant will be paying mitigation fees to offset the development's impacts on roads, parks and fire services. The development will increase the tax base of the City and those taxes should help offset some of the other impacts_ The staff noted that they would have to review the traffic patterns along NE 6th Street to ascertain impacts on Blueberry Place. There will be impacts but additional housing always creates some level of additional traffic on existing public streets. 4. In conclusion, the proposed plat appears to reasonably divide the two and a half acre site and should be approved by the City Council, RECONLNIENDATION: The City Council should approve the proposed plat subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance -- Mitigated that was issued by the Environmental Review Committee on January 8, 2007. F. IJoneybrook Circle Prelimiri'dl'y flat Fdo No.: LUA-06-143, ECF, PI' I: Lbruary 15, 2007 Page 7 A demolition permit shall be obtained and all required inspections shall he completed for the removal of the existing shed and stable prior to the recording of the final plat_ A Tree Retention/Replacement Plan shall be submitted with the Utility Construction Permit Application to the Development Services Division project manager. The plan shall identify trees to be retained and measures to be taken during construction to ensure the trees are adequately protected. The plan shaIl also identify replacement trees and shall include the planting location, species type, and planting specifications. 4. A homeowner's association shall be established for the development, to ensure that responsibility is taken for maintenance of corm -non improvements and tracts within the plat prior to final plat approval. A draft of the agreement, HOA and/or CC&R documents shall be submitted at the time of application for utilities construction permits, so that it may be reviewed by the City attorney and the Development Services project manager. Tract A should be landscaped and/or fenced appropriately prior to final plat approval. ORDERED THIS 15`h day of February 2007. FRED J. KAU HEARING ENAMINER TRANSMITTED THIS 15'h day of February 2007 to the parties of record: Jill Ding Development Services 1055 S Grady Way Renton, WA 98057 Eric LaBrie ESM Consulting Engineers 33915 1" Way 5., Ste. 200 Federal Way, WA 98003 Norm Lane 5000 NE 6`h Street Renton, WA 98059 Marc Rousso Seattle Redevelopment, LLC PO Box 2566 Renton, WA 98056 James Jaeger Jaeger Engineering 9419 S 204`h Place Kent, WA 98031 Kenneth Johnson 4915 NE 7`h Street Renton, WA 98059 Leslie Kent -worthy Estate of Sylvia Lefler 14110 SE 1246 Street Renton, WA 98059 Kay Haynes Blueberry Place Homeowners Assoc. 551 Flma Place NE Renton, WA 98059 C. Thomas Foster Langley Development Group, Inc. 6450 Southcenter Blvd., Ste. 106 Seattle, WA 98188 DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 7 2912 1. a square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line T for net area 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density {_ square feet square feet square " 4. 5. t-+ 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. http://rentonwa.gov/uploadedFilesIBusiness/P13PW/DEVSERVIFORMS_PLANNINGIdensityy.doc - 1 - 03/08 ;, :.ir4"1tOCl ?'iclt'f]!r](� r�Ell?51D1"] DEC ---7 N12 ',HLA CLENE-a PLAT NAME RESERVATION CERTIFICATE TO: GARY UPPER 4519 23 1 ST PLAC L SE SAMMAMISH. WA 98075 PLAT RESERVATION EFFECTIVE DATE: Seuiember 17 1012 The [)Ij' name HAVENNA has been reserved for future use, by GARY UPPER-JAYMARC I FOMES LLC i certify that € have chec�ed the recti, j.,, of previ;34,s1y issued and reservers plat n Imes The requesteu has riot been previously used in King Co.;rty nor is it currently reserved by any Darty This reservat:�r...,;1 Pxp, rP Sc,:)lc '--ber 1 7, 2013 c,rie year from tcday It !r]ay Le reriF;.gid 0'1.e yClar at a t.n e. If tlIL; plat has iso', Uven ded or t'is- renews •d by the above date is v.,iil 'ce del t a `�rrlrr,. ik .` • • '�?tii Deputy Auditor ".i f DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR rc' RAVENNAu�V eD THIS DECLARATION is made on this _ day of , 2012, by JayMarc at Honeybrook, LLC, a Washington limited liability company, referred to herein as "Declarant", which is the owner of the real property now known as the Plat of Ravenna, situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Ravenna Homeowners Association. The Ravenna Homeowners Association (hereafter referred to as "Association") shall be delegated and assigned the duties and powers of owning, maintaining, and administering certain Tracts and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Association shall also have the right and power to promulgate rules and regulations which may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plat as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Ravenna for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 - DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Association as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Association established pursuant to the Articles and Bylaws. Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Association as now or hereafter amended. Section 1.4: freserved Section 1.5: Committee. "Committee" is defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. `'Declarant" shall mean and refer to JayMarc at Honeybrook. LLC. its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plat from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 3 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By -Laws of the Association, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plat as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land with the Plat. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plat, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Declarant hereby reserves the right to divide Tract A into two Lots and the right to add additional adjacent property contained additional Lot(s) to Ravenna. Section 1.1 1: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder' shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: reserved Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. 2 0 0 Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plat: "Plat" shall mean and refer to the approved plat of Ravenna contained therein recorded at Volume , pages to under King County Recording Number . In the event that additional property is added to Ravenna by Declarant pursuant to Section 1.10, any additional lots shall be treated as part of Ravenna and subject to these Covenants, Conditions and Restrictions, even if they are not within the boundaries of the Plat which has been recorded and referred to in this Section 1.14. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plat which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 HOMEOWNERS ASSOCIATION Section 2.1. Description of Association. The Association is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Association Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Association, which shall include a president who shall preside over meetings of the Board and meetings of the Association. Section 2.3. Association Membership. Every Owner shall by reason thereof be a member of the Association as set forth in the Articles and Bylaws. Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Association, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Tracts B and C and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall 3 0 0 not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Association may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use Tracts B and C or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction other than neva- construction exempt pursuant to Section 5.1(a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Association. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Association. ARTICLE 3 - ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. Section 3.2. Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses including, but not limited to, all management and administration costs of the Association, operating and maintenance expenses of Tracts B and C, expenses for services furnished to or in connection with Tracts B and C, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on Tracts B and C, charges for any services furnished to the Association, the cost of utilities and other services, and the cost of funding all reserves established by the Association, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as 4 provided hereafter. The Association may revise the operating budgct after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Pavment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non -Discriminatory Assessment. No assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy a special assessment or assessments at any time for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a 5 part of Tracts B and C, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate: provided, however. that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Association may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Association may set different special assessment rates for Lots if the Association determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non -Payment of Assessment. If any assessment payment is not made in full within 30 days after it was first due andpayable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association as a corporate entity, and the Association shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date.: The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non -Payment 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 for a period of 30 days, said Owner's voting rights 6 0 0 shall without the necessity of any further action by the Board. 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. Section 3.1 1. Reserves for Replacement. As a common expense, the Association may establish and maintain a reserve fund for replacement of Tracts B and C and any improvements and Association facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Association. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Association, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the repair and replacement of improvements and Association facilities in Tracts B and C, equipment replacement, and for start- up expenses and operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 3.12. Certain Areas Exempt. Tracts B and C and all portions of the Plat dedicated to and accepted by a public authority or other charitable or non-profit Association exempt from taxation under the laws of the State of Washington, shall be exempt from assessments by the Association. ARTICLE 4 - SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2. Mort ag_aee's Non -Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mort€7ayee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 7 0 0 Section 4.5. Morigwee"s Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 - BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. 0 0 (c) Once started. the work of constructing.. altering, repairing. or reconstructing any structure or improvement on a Lot shall he diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential use. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (1) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines., but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. (h) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (18" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible, however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain approval form the Committee prior to installation, Committee. (i) All mailboxes are to be of uniform design as approved by the I (j) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to maintain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. (k) The Board may adopt such regulations for the installation, maintenance and watering of landscaping. including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred. or kept on any Lot except that usual household pets such as dogs, cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot which may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Plat unless it is authorized by and is in compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if (1) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Association has the authority to have removed at the Owner"s expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Plat for development and/or sale, the restrictions set forth in this Article 5 shall not be applied H 0 0 or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7 Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed or worn or dated siding and fencing, painting, and removing moss on roofs. ARTICLE 6 - ARCHITECTURAL CONTROL Section 6.1. The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Association. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Homeowners Regulations adopted by the Association. The Committee may require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plat , which authority shall include but not be limited to determining the height, configuration, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Approval or -Disapproval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request which in its opinion does not conform to the Governing Documents and any Association Regulations adopted by the Association or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans 0 0 and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Association Regulations adopted by the Association. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any wort{ done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 — TRACTS - USE AND MAINTENANCE Section 7.1. Ownership, Maintenance and Use of Tracts. Declarant hereby conveys Tract B to the Association, as designated in the recorded Plat including notes thereto. Tract B contains a stormwater control vault, which shall be maintained by the Association in the manner required by the City of Renton. Tract C shall be retained by Declarant and is subject to a temporary easement for private road and utility purposes. The private road and associated landscaping contained in Tract C shall be maintained by the Association. At such time as Field Place NE and Graham Avenue NE are extended and/or connected and accepted by the City of Renton, the temporary easement shall automatically terminate and Declarant shall determine the best use of Tract C at that time. Tract A has been retained by the Declarant for future development as additional Ravenna Lots. Section 7.2. Owners' Common Rights. Owners shall have equal rights with the Owners to use Tract C. All easements for ingress, egress, utilities, and use of facilities in Tract C, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3. Maintenance of Tracts and Other Maintenance. The Association shall maintain, repair, replace, improve, and otherwise manage Tracts B and C so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be required by the City of Renton or as determined by the Board. Any action necessary or appropriate to the maintenance and upkeep of Tracts B and C, the landscaping, irrigation, storm drainage facilities, and other improvements therein shall be taken by the Board. 12 0 0 ARTICLE S - EASEMENTS AND OPEN SPACE Section B.I. Construction, Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created and established by the recorded Plat including notes thereto. No structure, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat. Section 8.2. Maintenance of Other Landscaping. The Association shall also be responsible for maintaining, repairing and replacing the landscaping located in the planter strip adjacent to NE 6th Street. Landscaping installed in the planter strip in front of lots 6 through 10 shall be the responsibility of the individual lot owners. ARTICLE 9 - INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insuranc_ e Coverage. The Association shall obtain and maintain at all times as an Association expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the improvements in Tracts B and C, with the Association named as insured, or such other fire and casualty insurance as the Association shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Association, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of Tracts B and C. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Association as an obligee to protect against dishonest acts by the Board, Association officers, committees, managers, and employees of any of them, and all others who are responsible for handling Association funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance against loss of personal property of the Association by fire, theft, and other losses with deductible provisions as the Association deems advisable. 9.1.6. Such other insurance as the Association deems advisable, provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Association, 13 0 0 Government National Mortgage Association, Federal Home Loan Mortgage Corporation. Federal Dousing Authority. and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association. Government National Mortgage Association, Federal Home Loan Mortgage Corporation. Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the improvements in Tracts B and C, the Association shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Association. Insurance proceeds for damage or destruction to any part of such improvements shall be paid to the Association as a trustee for the Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3. Condemnation. In the event any part of Tract B is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10 - ENFORCEMENT Section 10.1. Right to Enforce. The Association, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Association shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or Association Regulations or other rules and restrictions adopted by the Association. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: If the Association determines that a violation of the Covenants, Conditions and Restrictions, or Association Regulations or other rules and restrictions adopted by the Association has occurred. the Association shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or 14 actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become final either fourteen days after they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the terms and conditions of this Declaration regarding liens for assessments and attorneys fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE I I - AMENDMENT AND REVOCATION Section 1 1.1. Amendment by Association. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Association. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's By -Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of improvements in Tracts B and C, responsibility for maintenance and repair, reallocation of interest of Tracts B and C, or rights to their use; imposition of any restrictions on the right of all Owner to sell or transfer a Lot; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording at the offices of the King County Recorder's Office.. 15 0 0 ARTICLF 12 - GLNERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction.. or offset, all real and personal property taxes. general and special assessments, including local improvement assessments. and other charges of every description levied on or assessed against his Lot. or personal property located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against Tracts B and C. Section 12.2. Non -Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Runnin with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party a]I costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any Tracts B and C. or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. U 0 0 Section 12.8. 'Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail. return receipt requested (if a Notice to Declarant. the Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot t, Notice to any one such Owner shall be sufficient. The address of Declarant during the Development Period and of the Association shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Owners. Section 129. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. JAYMARC AT HONEYBROOK, LLC T1TLF STATE OF WASHINGTON) ss. COUNTY OF KING j On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 'to me known to be the president of JayMarc at Honeybrook, LLC, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Printed name: Notary Public in and for the State of Washington My commission expires: 17 0 L CHICAGO TITLE COMPANY 701 5TH AVENUE, SUITE 2300, SEATTLE, WA 98104 (206) 628-5666 A E' N: GARY UPPER uAYNiARC DEVELOPMENT 555 S RENTON VILLAGE PLACE, #775 RENTON, WASHINGTON 98055 POLICY(S) APPLIED FOR: YOUR REFERENCE: RSAT CERTIFICATE PLAT CERTIFICATE CODE DESCRIPTION PCC PLAT CERTIFICATE WST WASHINGTON STATE SALTS TAX BALANCE DUE: Sn _l j_ 1.r ORIGINAL INVOICE:;c'f" �IIy'fc`j� INVOICE AS OF: IoJa3`%'=' +L ORDER NUMBER: 134' 5�8 ESCROW NUMBER: CUSTOMER NUMBER: 0030487 -000 DEPARTMENT NUMBER: ETu AMOUNT 350.00 33.25 $383.25 PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE IW- 0=3-o-[4-93/RLt WAGO TITLE COMPANY .) NJ 911 [, X600, 13riITTiV1114, WA 98004 UPDATED CERTIFICATE PLAT CERTIFICATE Order No.: 13475$8 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and tho records of the Clork of the United Statcs Courts holding terms in said County, and from such examination herby certifies that the title to the following described land situate in said KING County, to -wit: SEE SCHEDULE A (NEXT PAGE) VFSTTT] IN: JAYMARC A'I' HONEYHROOK, LLC, A WASHING'T'ON LIMITED LIABILITY COMPANY FXCFP'F10W SEE SCHEDULE B ATTACHED CHARGE: $350.00 TAX: $33.25 Records examined to SEPTEMBER 27, 2012 at 6 : 00 P -M CHICAGO TITLE COMPANY EASTSIDE TITLE UNIT Title Officcr (425)646-9883 N i A rCx rA/ KDA jar; of I IC:AGO 11TI.k C'UMPANY is PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 1347598 LF,GAL DFSCRIPTIGN THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., IN ICING COUNTY, WASnINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEE:' AND THE WEST 30 FEIN OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHW2ST QUARTER OF THE NCRTHWECT QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTIGN OY SAID EASEMENT LYING W.T.THTN THE COUNTY ROAD. V LATCRIT/fWA 0,� 0 0 CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 1347588 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the (late the proposed insured acquires for value of record the estate or interest or mortgage t hereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records, C. Encroachrrrents, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements riot shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for scwer, water, electricity or garbage removal. [I. General taxes not now pavable; matters relating to special assessments and special levies, if any, preceding or in the same bccoming a lien. L Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE C(-PV1PANY SHALL NOT EXCEED ONE THOUSAND DOLLARS(S1000.00). PLAIUR'I U! RDA/0394 6HIC;A(;0I 11.I;CC)MPA Y 0 PLAT CERTIFICATE SCHEDULE B (Coi)tinued) Order No.: 1347588 EXCEPTIONS 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: ARTHUR C. SORENSON AND BETTY E. SORENSON, HIS FIFE PURPOSE: ROAD AND UTILITY PURPQSES AREA AFFECTED: THE EAST 30 FEET RECORDED: DECEMBER 12, 1960 RECORDING NUM3ER: 5231765 2, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION PURPOSE: UTILITY SYSTEMS FOR GAS AND ELECTRICITY AREA AFFECTED: PORTIONS OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: AUGUST 1, 2012 RECORDING NUMBER: 24120801001112 3. ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: NOVEMBER 13, 1987 8711131412 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 1S, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR {AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIESK YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS: GENERAL & SPECIAL TAXES 2012 102305-9208-07 2142 $ 3S2,000.00 $ s,000.00 SILLED: $ 5,169.23 PAID: $ 2,584.62 UNPAID: $ 2,584.61 S. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: JAYMARC AT EONEYBROOK, LLC, A WASHINGTON LIMITED LIABILITY COMPANY rr,�rc•arfsi; itnn; o?�a 611ICCAW TITLI-7 C'ONAIANY PLAT CERTIFICATE SCHEDULE B (colitinued) Order. No.: 1347588 'I`RUSTEE: CHICAGO 'I'-TL,E COi1Pr1VY BENEFICIARY: DAYHU CAPITAL (US) LLC, A WASHINGTON I,T.MITED LIABILITY C'CMPANY AMOUNT: $ 1,450,000.00 DATED: MAY 4, 2012 RECORDED: MAY 4, 2012 RECORDING N77MBER: 20120504001465 LOAN NUMBER: --- T11E AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TF -RMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF -HR TNDEBTEDNTESS SECURED, 6. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICA'T'ION AND THE PUBLIC RECORDS. PLEASE NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIP'T'ION DOES NOT CONFORM TO EXPECTATIONS. NOTE 1: A.'NlY NEAP FURNISHED WITH THIS COMhIT.TMENT IS FOR CONVENIENCE IN LOCATING THE LAND INDICATED HEREIN WI" -'H REFERENCE TO STREETS AND OTHER LAND. NO LTABILITY IS ASSUMED BY REASON OF RELIANCE 'THEREON. NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: POR OF SE 1./4 OF 10-23-05. END OF SCHEDULE B Plh'r(7R E7/H UAjp9W, 3 BS,Sa.aaN ,OQ'S££ 3N -AAV YWkiV2}3 G6 -943 f zl I coin slf ?................ ....._.._.... ............. .. .......... 1 i ----I ---- --- m .ca"sc r I w gym' g � m io ....... .-..-..... ...-.... .... .. .......... to W , w 0 . ...,. --... ..... ......... .... ....... _ jJ vq � ,OS"55 ,Sl"SS 1 N N 3 fS,90AON _ _ 3N 311V S[]13fJ � ,LlDS ,ao•as ,a4'as ,ao"os ,aays ,94'LS Z L �a syr n LL D F- O a}7: �--' - — Y. �.. �..��s...� ... �. - —_- - w. � ....ate.. .,o r. •... .., a.. 3.L'S,BOAON ,£'sac ! I a I Z L �a n LL D F- O a}7: M 3�as,so,aorr ,aa•s££ IN -AAV FfVHVWD - •f 3•SS,sOAON N ,LVOS ,(10•as --- � --_. Was ,00'09 ,00'OsLO ! et zs LO y�o��` Q a ......�... ... ,,,a t. .�..,... ,�.._ ". 3.£5,80JDON ,4£'6ZC Oh p' 1.F Q 1 QUr h 07 ,oa'�e ,ao=se� - - .a4•ss ,00 -ss ss•ss I I 71 I ................. ------------------ .................. ............ ..-. ... ...............o. f i "55 0 Yo 7513 to I = �I i I Uj I ............... . ............... ............... ........ - ' 1 fel +'� !! m !I 1....-..... ....... ........ ...... aye°> f z p.m =V ti "'� m '4�6 a! iii �� co a� w-._ tf o............ ................ :... ........." ...... e o WE A4'4s ao'Ss .00.54 Sl'ss N ,LVOS ,(10•as --- � --_. Was ,00'09 ,00'OsLO ! et zs LO y�o��` Q a ......�... ... ,,,a t. .�..,... ,�.._ ". 3.£5,80JDON ,4£'6ZC Oh p' 1.F Q 1 QUr h 07 # 0 LOT E3OUNDRPY 07 BLOC ,< 1, TYPE'.- LOT PNT4 Bearinq Distance Northing Eastiziq ?,502 132684.743 1673863.488 S 88'2J129" E 330.38 4501 182675.166 1674194.228 S 00'09148" W 329.4:3 4500 182345.742 1674!93.290 N B8020137" J4 330.77 4503 182355.303 1673862.658 N 00908140" E 329.44 4502 182684.743 1673863.488 Closure Error Di_stance> 0,0058 Error Bearing> N 09"57'51" W Closure Precision> 1 in 227545.2 WWI Distance> 1320.52 LOT AREA: 108947 SQ PT OR 2.5011 ACRES i3EZ j DID 0 0 LOT 2 O-' BLOCK 1, TYPE: LO'1' P1111,4 Beari ng Uis Lance Northing Easting 3133 132426.252 -614165.519 N H049109" '^' 83.95 4506 1(3242'1.H3 1674081 .58,1 N 00°08'40" L 55.5i 450'1 182483.492 1674031.'124 S 88"49109" E 83.97 3132 .182481 .761. 1674165. 67'1 S 00009'48" [d 55.51. 3133 182426.252 1674165.519 Closure Error Distance> 0.0017 Error roari_aig> N 77°54'59" Mrd Closu.r.p Precision> 1 in 160858.9 Totai Distance> 27x.94 LOT AREA: 4660 SQ FT OR 0.1070 ACRES LOT 3 OF BLOCK .1., TY -E: LOT PNT4 Bearing Dis`ance Nor]-hiiig Fasting 37.32 182481.761 1674165.677 N 88'49'09" W 83.97 4307 7.82483.492 1674081.72.4 4508 782539.0100 1674081.864 S W49'09" F 03.99 3131 18253`1.269 1674165.835 5 00°09148" w 55.51 3132 182481.761 1674165.677 C:losuro F.zr.ar Distance> 0.0017 Error Bearing> N T1054' S9" W Cl_osiire Pre(-:i610n> 1 in 160880.1 Total Dist -.an( -e> 278.98 LOT AREll: 4661 SQ FT OR 0.1070 ACRES 0 7:OT 4 0-' SLOCK 1, TYPE: LOT i'NT## Bearing D1.starnre Nor--hirg Eas, ti_nq 3131 182537.269 167,1165J335 N E33°99,(}9" id 83.99 4508 182,539.000 16"14081.864 N 00°08`40" IJ 55.51. 3128 182594.509 1674082.004 5 88049`09" E 84.01. 3.130 182592.778 1.674165.994 S 07"09148" 3131 1.8253'1.269 16"14165.835 Closure Error Distance.> 0.0017 Error Bear:a�> N 7754159" W Closure Prer..i_ ion> 1 in 160901.2 To -al Distance> 279.01 LOT AREA: 4662 SQ =1' OR 0.1070 ACRES LJ E 0 Lot Report Wed Sep 26 13:22:44 2012 Lct Me: P:\2C12\12011\Car.l.son\Lot Viles\12011 Plat.iet CRIT File: P:\2G12\12011\Carl.sozzY20ll.crd LOT 5 OF KOCK 1, ?'PE: LOT � PNT4 Maring Distance Northing Ewtinq 3130 182592.778 1674165.994 �I tl 88°49'09" Vd 84.G1 312B 182594.509 1674082.004 N 00°02140" is 60.89 8252 182655.401 1674082.157 S 88'20129" E 84.04 8253 182652.969 1.674166.165 S 00009'48" W 60.19 3130 182592.778 16'141.65.994 Closure Error Distance> 0.0056 Error Bearing> N 78°09'24" E Closure Precision> 1 A 51945.6 Total Distance> 289.13 LCS AREA: 5086 SQ FT OR 0.1168 ACRES PJ L,OT 7 OP BLOCK 1, TYPE: LOT 2NT4 R3 ,-.ring Distance Northing Lasting 4506 18242'7.983 1674081.584 N 88049`09" w 83.75 3124 182429.'/09 1673997.847 N 00°08`40" E 55.$1 3125 182°-85.218 1.67.3997.987 S 88,49'09" F 83.75 4507 132483.492. 1614081.724 s {)0,08'40" W 55.51 4506 18242?.983 1674081.584 Closure Error Distance> 0.0000 Total. Distance> 278.53 LOT AREA: /1648 SQ FT OR 0.1.067 ACRES E LOT 8 OF FLOCK 1, TYPE: LOT PNTI# Liear.i.ng Distance. Northing Fasting 1507 182483.492 1679031.724 N 88049`09" W 83.75 i12`, 182485.218 1.673997.987 N 00008`40" E 55.51 3126 182540. "1�1"1 1.673998.127 8 88,49'09" E 83.75 4508 182539.000 1674081.864 5 00°CB`40" w 55.51 9507 182483.492 1674081.724 Closure Error_ DisLance> 0.0000 Total Di.stance> 278.53 T,OT ARF",A: 4648 SQ FT OR 0.1067 ACRES LCI 9 OP MOCK 1, TYPE: LO^ PNT#k Rearing Distance Northing Eastinq 4508 182539.000 1679081.864 N 88049'09" w 83.75 3126 182540.727 1673998.127 N 00°08'90" E 55.5: 312'7 182596.235 1673998.267 S 88049'09'' F 83.'15 3128 182594.509 1674082.004 S 00°08'40" ire 55.51 4508 182539.000 1674081.864 Closure Error LisLancie> 0.0000 Total Distance> 278.53 LOT. AREA: 4648 SQ FT OR 0.1067 ACRES 0 LOT 10 OF RT,OCK i, TYPE: LOT PlgT# Dearing D-:3ta.ice H c s t h i_ng T,-�st.ing .3128 -182594.509 1674082.004 N B8°49'09" lid 83.75 3127 1E32596.2.35 1.67399£3.267 N 00°08'40" F. 61.59 8254 1.82657.826 1673998.422 S 88020129" E 83.77 8252 182655.401 1674082.1.57 5 00°08'40" W 60.89 3128 182594.509 1674082.004 Closure Error Dist_ancp> 0.0046 Error Bearing> 5 74°11'15" 4d Closure Preci.siorn> 1 _:1 6.2.658.0 Total Di_st.ance> 290.01 LOT AREA: 5128 SQ. FT CR 0.1177 AGES 0 LUT 1i C%h' 2LOCK 1, '2Y]" -X. SOT PNU RF�aring Distance Northing Lasting 3JOG 132632.053 1673956.357 N 89°5-'20" vT 93. CC 3i 07 182.632.287 1613863.;x_;6 N 00006'40" 52.46 4,502 182684.743 1673863.488 S 8320' 29" 1' 93. C3 3134 182682.050 1673956.483 S 00°09'4.0" 4d 50. CC 3106 1.82632. 053 Closure Error Distarice> 0.0030 Error Bearing> 5 54028`].4" E Closure Lrecisi_on> 1 in 94684.9 Total Distance> 288.49 LOT AREA: 4764 SQ LT OR 0.1094 ACRES 0 LOT 12 Qr RwcOC 1, '1`Y 'E: L(217' PN 14 Rearing Distance Northing E',, stincj 3_17 182482.053 1673956.231 N 89'1)1120" ri4 93.00 3118 182582.287 16'!3863.230 N 00'08'40" L 50.00 3107 182632.287 1673863.356 S 89'51'20" E 93.00 3106 182632.053 1673956.35'1 00°08'�U" lti 50.00 :3117 1.82.)82.053 1.673956.231 Closure Error_ D-stan.ce> 0,0000 Total Distance> 286.00 TOOT ARFA: 4650 5Q FT OR 0.1068 ACRFS 0 LOT 13 OF BLOCK 1, TYPE:: L,O'L' PNA BeariLy Di � �_anct Northing Basting 3119 A82532.053 1.673956.10) N 89 `>1 ' 20" W 93.00 312.0 182532.287 1673863.104 N 00 311.8 182532.287 1673863.230 5 89°51'20" E 93.00 3117 182582.053 1673956.231 S C C O 0 L3 1 4 D" W G. D C 3119 182532.053 1673956.1.05 Closure Error Distance> 0.0400 Total Di.stance> 286.00 LOT AREA: 4650 SQ FT OR 0.1068 ACRES 11 0 LOT `l4 O1:BLOCK 1, 1'YPE: LUT PNS Bearing Ws"ace Northing Fasting 3121 1.82.482.0.5.3 1673955.979 D: 89051120" W 93.00 3122 182.482.289 1673862.918 N CG°0840" E 50.00 3120 182532.287 1673863.104 S 89°51.'20" E 93.00 3119 182532.053 1673956.105 50.00 3121 182482.053 1673955.979 Closure Error Distance> 0.0000 Total Distanced 286.00 LOT AREA: 4650 SQ hT OR 0.1068 ACKS I] 0 LOT Pi 01' R7,OC K 1, TYPE, -.OT }_'PSA hearinq Distance Northing Eastinq MAD ] 8193'2_.. 053 1.613955. 853 N 89051'20" W 93.00 3104 182432.2.88 1673862.852 N OOOOH' 90" F 50.00 31.22 182982.288 1673862.978 S 89051'20" E 93.00 3121 1:32982.0.53 1613955.919 S 00°08'40" w 50.00 3116 182432.053 1673955.853 Closure Error Distancn> 0.0000 Tota; Distanced 286.00 LOT AREA; 4650 SQ ET OR 0.1068 ACRES 0 0 LOT TRACT A OF, 3I,QCK 1, 'TYPE: LCT PMA Bearing Distance Northing Fasting 3114 182376.082 1674165.316 Radius: 20.00 length: 31.94 Chord: 28.65 Delta: 91029'35" Chord BRG: 3 45°54'35" W Rad -In: N 89°50'12" W Rad -Quip: N O1.039'23" L Radius Pt: 3113 182316.139,167411.5.376 Target}L: 20.53 Dir: Right Tangent -Tr: L 00°09'18" W Tangent -Out: N 88OUK" 1°d Non langentia_-In Tanential-Out 3112 1.82356.148 16"144.798 N 88020'37" Ud 127.71 3111 182359,839 1671017.143 Radius: 20.60 Lang':h: :30.89 CImrd: 27.91 Delta: 88029'1•!" Chord BRG: N 54°0.5'58" W aad--In: N O1039123" E Rad -Gut: S 89051'20" E. Radius Pt: 3110 182379.831,1.67400.722 Tangent: 19.58 1,__r: Right Tangent -In: N 88020'37" iJ Tangent --Out: N7 00°08'40" E Tangential -Tri Tangential -Out 3109 182379.881 1673997.722 N OD°08'46" E 49.83 3124 18242.9.709 1673997.847 S 88°49'09" E 167.11 3133 1.821126.252 1674165.519 S 00009'd8" fid 50.17 3114 182316.082 1674165.376 Closure Error DisLanne> 0.0041 Error Bearing> > 0WD903" E Closure Precision> 1 in 112395.9 Total Distance> 458.24 LOT AREA: 11565 5Q FT OR 0.2655 ACRES OT 'i'_tACT B 0'Y BLOCK 1., TYPE: LOT PtiT* Bearing Distance Northing Easting 3100 1.923"15.940 1673947.711 Rad::us: 12.00 Lengta: 19.17 Chord: 17.19 Delta: 91`'30'43" Chord RPC: S 4s)"A'02" W Rad--n: N H9051_120" Mrd Rad-Cut: N O1039123" E Rad-'-us i't: 3101. 182375.970, "_673935.71.2 Tangent.: 1.2.32 ),'r: Right: Tangent-In: S OC°08'40" ted Tangent-Out: N 88°20'37". Non Tingenti.al-In Tangent:i_aL-Out 3102 182363.975 1673935.365 N 88°LO'37" 6d 72.71 3103 182366. D'/'/ 1673862.685 N 00°08'40" E 56.21 3104 182432.288 1673862.852 S 89°51'20" E 85.00 310.5 182432.074 1673947.853 S 00°08140" rd 56.13 31OQ 182315.940 1673947.'111 Closu,e Error Distance> 0.0048 r.r.or. Bearing> 8 09'42'38" W Closure Precision> 1 in 61807.4 Total Distance> 299.22 LOT ARF-A: 5691 SQ ET OR 0.1306 ACRE; BLOCK 1 TOTAL AREA: 258515 SQ FT OR 5.9347 ACRES 0 LOT 1111LACT C OF BLOCK 1, TYP � : LOT PNT4 Bea inn Distance NorLhinq East_ing 8233 182652.969 1.674166.105 N 88"20129" w 167.81 8231 182657.826 16"13908.422 N 00°08'40" E 23.01 3108 182680.8.34 1673998.480 S 8820'29" E '67.82 311.5 182675.916 1.674166.231 S 00,09'48" W 23.01 8253 1.82652. 969 1614166, 165 Closure Error Distance> 0.0024 Error Bearin y N 83"37147" W Closure Preci.sion> 1 in 1.57379.5 Total Distarace> 381.65 LOT AREA: 3860 SQ FT OR 0.0886 ACRES BLOCK 1 TOTM AREA: 14074 SQ FT OR 0.3231 ACRES 0 0 0 Trot Report.. U7ed Scop 26 13:29:13 2012 Lot File: P:\2(117_\17U11\Ca:r'_scn\moo:= Files\12011 Plat.lot CRI) Fi.:_e: P: \2012\12011\Carlsc7:1\12011 . czd LOT DED CATTON 0'r_" R7OCC 1, TYPE: LOT PNT4 Bearing Distance Northing Easti_ng 3109 1.82379.381 1673997.722 Radius: 20.00 Lelig--h: 30.89 Chord: 27.91 Ccl_ta: 88°29'17„ Chord BRG: S 44°05158" F Rad -In: S 89"'1'20" F Rad -Out: N O1°39'23" I Radius Pt: 3110 182379.831,1674017.722 'Tangent: 19.48 Dir: Left "'angent-ln: S 00°08'40" thT Tangent -Out: S 88°20'31" G 1 aIicgent lal-Out 3111 182359.839 1674017.143 S 88°20'37" E 127.77. 3112 "82356.148 167,1.44.798 Radius: 2.0.00 Length: 31.94 Chord: 28.65 Delta: 91°29'35" Chard BRC: N 45"54'35" E Ravi -In: N 01°39123" E Rad -Out: N 89°5()112" W Radius Pi: 3113 182376.139,1674145.376 Tangent: 20.53 Dir: Left Tangent -In: S 88°20'37" E Tangent -Out: N 00°09'48" E TangcnCial-Sri Tangential -Out 3119 182_x76.082 167.•165.376 N 00"09'48" E 299.90 3115 182675.976 1614166.231 S 88°20129" E 28.01 4501 182675.166 1674194.228 S 00°09'48" W 329.43 4500 182345.742 1.6741.93.290 N H8 20' 3'!" W 330.77 4503 182355.303 1673862.658 N 00°08'40"' E 10.77 3103 182366.077 1673862.685 5 88"20137" F 72.71 3102 1823 63.97 5 16"7393 . 36,1 Radius: 12.00 Length: 19.17 Chord: 17.19 Delta: 91°30'43" Chord DRG: N 45"54'02" E Rad -In: N 01°39'23" E Rad -Out: N 89°51'20" W Radius Pt: 3101 182375.970,1673935.712 'Tangent: 12.32 Dir: Left Tangent --In: S 88°20'37" E Tangent -Out: N 00°08'40" E Tangential -In Tangential -Out 3100 182375.940 1673947.711 N 00108'40" E 56.13 3105 182432.074 1673947.853 S 89°51'20" E 8.00 31.16 182432.053 1673955.853 N 00°G8140" E 250.00 3134 182682.050 1673956.483 S 88°20'29" E 42.01 3108 1.82680.834 1673996.460 S 00"08'40" W 300.95 3109 182379.881 1673997.722 c s.nsurc Error i?i_sta7ce> 0.0062 P.rror Bearing> N 36'3713811 r Closure Precision> 1 _n 310391.7 Total Nstancc> 1938.38 LCT AR`s' A: 26321 7Q D.f043CR'.i;S ^ C> - I� r �W d N V/ O n � U O F � a � () � 0 � D N a Qo N �.f L m V `a Z a, �o rn O CD y Q O �o L V �_I Q I �1 rr W Q. O �0 CL o � -0 gni? a C7 cc 3 {ain of m LI1 s = rs a CY t7 ai pj Q Z M w C4 P- �+' 41 ;NNC U V a M 1 C4 �aaw7 Lira � oNCry L E u C LU CD O 7 Z Q1 U O I O` QJ w C C c C Q} L Y G C 0 w :3 C13 o- Z L j O %A _ M U UDw< i°- 0 0 0 « � � ¢ @ � C 2= E @ � _o 0 CD 42 k Z cc cr c 0 C § � .§ 0 � ¢ � 0' = o � � _ k� m 0 0 0 § W ECL $ CD 4-1 m 'a - ®(=)0 � 0 � � 0 '§ § \ ^ R Cc CO (� o'er© �: :3\� C: ® o :3 ,- \ 0 �_ 6 @ ou /C D m Ucd \M RECEIPT EGO0001601 crvU BILLING CONTACT JAYMARC AT HONEYBROOK LLC Po Bax 2566 Renton, WA 98056 REFERENCE NUMBER FEE NAME LUA12-000220 PLAN - Final Plat Fee Technology Fee TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD Fee Payment Check#1040 $1,500.40 Fee Payment Check #1040 $45.00 SUB TOTAL $1,545.00 TOTAL $1,545.00 Printed On: December 07, 2012 Prepared By: Jennifer Henning Page 1 of 1