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NEIGHBORHOOD MAP -- • I - SITE .. NEIGHBORHOOD MAP I - • ",. - .... • .~. - BECK'S TEN ACR!;, ....... - LEGAL DESCRIPTION FOR PLAT OF CLAIREMONT LEGAL DESCRIPTION LOTS "A" AND "B" OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L04LO055, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON LEGAL DESCRIPTION FOR PLAT OF CLAIREMONT LEGAL DESCRIPTION LOTS "A" AND "B" OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L04L0055, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON LEGAL DESCRIPTION FOR PLAT OF CLAIREMONT LEGAL DESCRIPTION LOTS "A" AND "B" OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L04L0055, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON lll'.-'2-07J-FP U«l-'o.-..- SEE SHEET , Of" , TRAC T X · ,-' ". ~. . , .. ' CLAR EMON T AT RENTON SE 1/4, NE 1/4, NE 1/4, SE 1 " CITY OF ._-- '"M----"" , PHASE I 10, T. 23 N., R. 5 L, W.M. 10, T. 23 N .. R. 5 L , W.M. I . COUNTY, WASHINGTON .. 1 2 I 11 I )F2-tf . ~~~ TRACT B (_ ..... --_U. P.O . BO)( 289, WOOOI.NVlL1.E. WA PHOHE: (4 ~) 4&0-'2'2 FA)!: (425) .•..... ; i -: '. ...... ,Denjs Law . ~ay~ ~"E : '~C~;'fHO~]JJl"~~T~J' ~"::"";"'..,;.._"'; __ IS3!S-~;' i f' ~: --j IJ ~ (t \J 1 i 1:-" ,_~..:"t.. :..I y" . ~ ) .. , ~. ..,,..,...Z,. Department of Community and Economic Development .. :: -t.E. "C~ipHVini:e;rit ~dministrator, '. . CITY O~ R~tiON .' ...... '''' , , . , .. ,'. i I I I "'4/11/2013 .. MAY 10 2013 c" '.' 'RECEIVED .' ' .··c CITYCLEFU{'S OfFICE " . I , .'1 ..... .... ' ... , . '~,' .',' . ',., "". .. -. ." ,: .:' To WHOM IT~AYCONCERN: .' ' ... , .' .... , Subje~: .New Platsand Short Plats in the city Of Re'nt6n , ',' Please ~eeattached site-plimsof riewplats and short plats and m~ltH;~i1ding .... .. , .' . clevelopmentsthat'have.rece·ntl\/,been addressed.' Some of the~ are recorded' andl am supplying a list of new parcel numbers with the new addresses, If the plat is not 'reco'rded(NR)i I aril.ol1ly,giving.youthe plat ,map wfththe new potential addresses. written on it, . Right now 1 only have timeto dotlie plats starting with A~F. Coming later' ... ' wil(betherestofthe alpnabet! . . '.. : . . '. , , . .. '. PI~ase ad:d tileseaddressestoyciur City directories and maps. ' .. ,. ;' ·'··th· ",-' .. ." , .; -'. N 26·StreefShort Plat:(NR} . Seclan PJat(NRj ...... , .... , '.Bremerton Tdwnhomes Rlat (NR) . ,. Cairnes' Short Plat ". . . Cedar River Statioii . Claremont Plat ..... . '. DellShortPiat '. ..' Duvali/MaplesideSholi pla't .'. Frontier BankSno,rt Plat' .: .. :"-. Si~cerely, . ·.·.-·:.·<:z;·~'C,i:'~'"~Ni~;~:C.· . J~nCo~klln .' •. · '.' . Almyer piat(NRj' •.. ,' . BenspilTrails/Sandhu Plat" . Brookefield North . .' >.tavaliaPlat(NRj .... :" '<., ". ehelan Ridge/Vuong · Delaney ParkP!at,' . Dewitt Short Plat (NR). . Eas!wood/OlynipusViila Plat " " : ;" . . ' .. ;.: .... ~-.. ' . ,'. .... : . ...... .', .". :: ,'. : . EnergyPlal1~£Xaminer.· ..... D.evelop·meht:Servkes Division' ' .. Tfi!(ephone: 42SA.3a-;7276· , ' .. :: .' . '.' ; ... ' . . '#l:platadd . ;.:. " , .... · .. ~. , .... . , 'I i -. '. ..1 I j I ! PIO PSTLAOORESS 1604730010 802 Mt Baker PI NE t 1604730020 808 Mt Baker PI NE ~\(J.lt w\(JI'-1604730030 814 Mt Baker PI NE 1604730040 820 Mt Baker PI NE 1604730050 826 Mt Baker PI NE 1604730060 832 Mt Baker PI NE 1604730070 838 Mt Baker PI NE 1604730080 844 Mt Baker PI NE 1604730090 850 Mt Baker PI Ne 1604730100 856 Mt Baker PI NE , 1604730110 5624 NE 8th PI 1604730120 5618 NE 8th PI 1604730130 5612 NE 8th PI 1604730140 S606 NE 8th PI . 1604730150 5600 NE 8th PI 1604730160 835 Mt Baker Ave NE 1604730170 829 Mt Baker Ave NE 1604730180 823 Mt Baker Ave NE 1604730190 817 Mt Baker Ave NE 1604730200 811 Mt Baker Ave NE 1604730210 805 Mt Baker Ave NE 1604730220 5601 NE 8th St 1604730230 5607 N E 8th St 1604730240 5613 NE 8th St 1604730250 S619 NE 8th St 1604730260 S625 NE 8th St 1604730270 801 Mt Baker PI NE 1604730280 807 Mt Baker PI NE 1604730290 813 Mt Baker PI NE 1604730300 819 Mt Baker PI NE 1604730310 825 Mt Baker PI NE 1604730320 831 Mt Baker PI NE Corner lot 1604730320 5619 NE 8th PI Corner lot 1604730330 5611 NE 8th PI Corner lot 1604730330 830 Mt Baker Ave NE Corner lot 1604730340 824 Mt Baker Ave NE 1604730350 818 Mt Baker Ave NE 1604730360 812 Mt Baker Ave NE 1604730370 806 Mt Baker Ave NE 1604730380 5612 NE 8th St Corner lot 1604730380 800 Mt Baker Ave NE Corner lot 1604730390 Tract 1604730400 Tract 1604730410 Tract 1604730420 Tract <" .-. , "" .; PID PLATNAME PLATLOT PSTLADDRESS 1946000010 DELANEY PARK 1 5640 NE 7th PI 1946000020 DELANEY PARK 2 5634 NE 7th PI 1946000030 DELANEY PARK 3 5628 NE 7th PI 1946000040 DELANEY PARK 4 5622 NE 7th PI 1946000050 DELANEY PARK 5 5616 NE 7th PI 1946000060 DELANEY PARK 6 5610 NE 7th PI 1946000070 DELANEY PARK 7 5604 NE 7th PI 1946000080 DELANEY PARK 8 5532 NE 7th PI 1946000090 DELANEY PARK 9 5526 NE 7th PI 1946000100 DELANEY PARK 10 5520 NE 7th PI 1946000110 DELANEY PARK 11 5514 NE 7th PI 1946000120 DELANEY PARK 12 5508 NE 7th PI 1946000130 DELANEY PARK 13 5502 NE 7th PI 1946000140 DELANEY PARK 14 755 Lyons Ave NE 1946000150 DELANEY PARK 15 5501 NE 7th PI 1946000160 DELANEY PARK 16 5507 NE 7th PI 1946000170 DELANEY PARK 17 5513 NE 7th PI 1946000180 DELANEY PARK 18 5519 NE 7th PI 1946000190 DELANEY PARK 19 5525 NE 7th PI 1946000200 DELANEY PARK 20 5531 NE 7th PI 1946000210 DELANEY PARK 21 5603 NE 7th PI 1946000220 DELANEY PARK 22 5609 N E 7th PI 1946000230 DELANEY PARK 23 5615 NE 7th PI 1946000240 DELANEY PARK 24 5621 NE 7th PI 1946000250 DELANEY PARK 25 5627 NE 7th PI 1946000260 DELANEY PARK 26 5633 NE 7th PI 1946000270 DELANEY PARK 27 5639 NE 7th PI 1946000280 DELANEY PARK TRACT A 1946000290 DELANEY PARK TRACT B DEVELOPMENT SERVICES CITY OF RENTON MAR 0 g 2013 IRECIE~VlED CITY OF RENTON O~ MAR 1 9 2013 RECEIVED CITY CLERK'S OFFICE \ 2 '3 4 5 6 7 8 9 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 10 11 12 13 14 IS RE: Clairemont Phase I Final Plat I~ LUA}I"-073FP ) ) ) FINAL DECISION ) ) ) ) ) ) Summary 16 The Applicant has applied for final plat approval for Clairemont Phase I, The final plat is approved subject to conditions. 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. January 22, 2013 staff report. 2. Vicinity map. 3. Lot layout. Findings of Fact FINAL PLAT - I u. -.. ,,11> " 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 .. Procedural: I. Applicant. Toll W ALP. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The Applicant is requesting final plat approval for a 38 lot subdivision. King County approved the preliminary plat on April 5, 2007. The subdivision property comprises 26.54 acres. It is located at NE 8th PI, NE 8th St, Mt. Baker Ave E, Mt. Baker PI NE and Nile Ave NE. 4. Consistency with Preliminarv Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. I, the findings and conclusions of which, except for one exception, are adopted and incorporated by this reference as if set forth in full. The one exception is that the reference to a fence encroachment at page 2 of the staff report is eliminated and replaced with "There are no fences or other encroachments on the subject parcel." According to staff, the fence encroachment referenced in the staff report has been removed. Conclusions of lLaw Procedural: 17 I. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall 18 19 20 21 22 23 24 25 26 approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-IIO(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 outstanding conditions. DECISION The final plat application is approved, subject to the following conditions: FINAL PLAT - 2 2 3 I. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff 4 prior to the recording of the plat. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DATED this 5th day of March, 2013. ~C":2<- "'Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-IIO(E)(9) and/or RMC 4-8-110(F)(I) 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 4-8-11 0(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 20 notwithstanding any program of revaluation. 21 22 23 24 25 26 FINAL PLAT - 3 1055 5 Grady Way Renton, WA 98057 BILLING CONTACT AARON KOPET TOLLWALP 9720 Ne 120Th PI #100 Kirkland, WA 98034 INVOICE NUMBER 00003484 REFERENCE NUMBER LUA12-073 March 18, 2013 U\lVOICIE INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION. 01/30/2013 01/30/2013 I-Fi Paid In Full NONEIot: i~/l] ,...,nll." 38 5 ---' FEE NAME TOTAL Issaquah School Impact Fee-calc'd $67,792.00 SUBTOTAL $67,792.00 TOTAL LI ____ $_67_,7_9_2._00 __ Page 1 o! 1 CITY OF RENTON Construction Permit Permit Number: U 120058 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 Renton. __ ~~ ______ ~~ __ ~~~~ ____________ ~~~~~~~~~~~ ________ ~~ __ VVork Description: INSTALL SEWER, ST. STORM DRA W#3451 WATER IS WD 90 THIS PROJECT IS ALSO RESPONSIBLE FOR INSTALLING STREET LIGHTING; STREET LIGHTING PERMIT ALSO REQUIRES ELECT. PERMIT. Job Address: Owner: Contractor: Contact: NE 8TH ST & NILE AVE NE CAMWEST BRUCE KNOWLTON 9720 NE 120TH PL 98034 STEVE RUHNKE CONSTRUCTION INC 17066 BEATON RD SE, STE 190B MONROE, WA 98272 CAMWEST Contractor License: STEVERC044DO Contractor Phone: (425) 508-9737. City License: 0100 Contact's Phone: __ ~~ __ ~~ __________ ~ ______ ~~ ________ ~ ____ ~~~~~ ____ ~ __ ~~~ __ Other Information: Date of Issue 05/08/2012 Work Order 8703 I Date of Expiration 1110412012 Parcel Number Inspector's Name DAN THOMPSON Date Finaled?J!,1! ~~ ____________________ ~ __ ~ ________________________________________________________ Itis Inspector's Phone 206-999-\828 understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by cty staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections and for any work in the Right of Way To Cancel an Inspection -call 425-430-7200 between 8AM and 5PM 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 conform to Renton codes and ordinances. Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. CLAIREMONT FINAL PLAT LUA12-073 1. As Built mylars submitted 2. As Built street light mylars submitted. N/A 3. Street lighting finaled. N/ A 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable mitigation 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 14. Two year Maintenance and Defect Bond in place DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM January 29, 2013 Bob MacOnie Arneta Henninger, X7298 EAST RENTON FINAL PLAT AKA CLAIREMONT PHASE I LUA 12-073FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title Date • cc: Yellow File CLAIREMONT FINAL PLAT LUA12-073 1. As Built mylars submitted 2. As Built street light mylars submitted. N/A 3. Street lighting finaled. N/A 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable mitigation 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 eRRs approved 13. Fire approval 14. Two year Maintenance and Defect Bond in place Wednesday, January 9,2012 City of Renton Jan llJian, Arneta Henninger, Karen Kittrick Development Services J055 South Grady Way Renton, W A 98055 RE: Substantial Completion of Water Mains and Hydrants and Fire Flow -East Renton Rosemonte Phase I -Nile Ave NE & NE 8 ST -Permit U120061 This letter is to inform you that King County Water District NO. 90 has reviewed the East Renton Rosemonte Phase 1 Water System and found that the water mains and aJl appurtenances are installed, operational and installed to the District specifications. The water system can supply over 1000 gpm for duration of more than two hours If you have any questions on this matter, please give me a call. Sincerely, Joshua Deraitus Operations Manager, KCWD 90 cc: Dave Hahn, Steve Ruhnke Construction, Inc. Bruce Knowlton, CamWest Development LLC \\kcwd90.local\data\CompanyDnta\Engineering\Ocveloper Extensions\Substantial Completion\East Renton Rosemontc Phase 1 DE Substantial Completion 1-9-13,doc DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 1----'----""--_ .... CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Toll WA LP East Renton (aka Clairemont Phase 1) Final Plat File: LUA 12-073FP NE 8th PI, NE 8th St, Mt. Baker Ave NE, Mt. Baker PI NE and Nile Ave NE, all in Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 38 single family residential lots with sanitary sewer, storm, streets, lighting, and (Water District 90) water. 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, Toll WA LP, filed a request for approval of a 38 lot Final Plat. 2. The yellow file containing all staff reports, State Environmental Policy Act (SEPA) documentation, and other pertinent materials was entered into the record as Exhibit No.1. 3. The subject proposal was reviewed by all departments with an interest in the matter. 4. The subject site is located at NE 8th PI, NE 8th St, Mt. Baker Ave NE, Mt. Baker PI NE and Nile Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 5. The subject site is a 26.54 acre parcel. 6. The property is located within the R-4 Zoning. 7. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. Amended Conditions of Approval for the East Renton and Rosemonte Preliminary Plats The proposed subdivision of East Renton Plat, as accepted by King County for complete application on March 17, 2006, and granted preliminary plat approval by the King County on AprilS, 2007, and the proposed subdivision of Rosemonte Plat, as accepted by King County for complete application on March 31, 2006, and granted preliminary plat approval by the King County on AprilS, 2007 are granted approval of minor amendments to the preliminary plats, subject to the following conditions of final plat approvals: 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. The. East Renton preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first recorded phase being the easterly portion of the site, with full drainage improvements, utility improvements and street improvements necessary for providing full utility and access to the lots in the first phase. The second phase would be the remaining westerly portion of the combined preliminary plat would then include completion of the remaining drainage, utility and street improvements for the project. Response: The minor amendment approval was requested in order to allow the plat to be phased. This final plat is for the first phase of the project, being the eastern portion of the site. Full drainage improvements, utility improvements, and street improvements necessary for providing full utility and access to the lots in the first phase have been installed or will be bonded. The second phase will be the remaining westerly portion of the combined preliminary plat would and will include completion of the remaining drainage, utility and street improvements for the project. 2. The plat shall comply with the base density and minimum density requirements of the King County R-4 zone classification. All lots shall meet the minimum dimensional requirements of the King County R-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the play which do not result in substantial changes may be approved at the discretion of the City of Renton Community & Economic Development Department. Response: The plat complies with the King County base density requirements of the R-4 zone classification and includes the same number of lots as were shown on the preliminary plat which was approved by the King County Hearing Examiner prior to annexation of the property to the City of Renton. A minimum of 50% of the future houses within the plat shall substantially confarm to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. Response: Acknowledged. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. Response: One fence encroachment is located along the north property line. The fence is located within an area that will be a sensitive area tract within the future Phase 2 and its location is shown on the final plat. 3. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. Response: Acknowledged. The road and storm drainage plans have been designed in accordance with the King County Road Standards and received City approval. The project has been constructed based on the approved plans. 2 4. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Response: The engineering plans were reviewed and approved by the Renton Fire Department. 5. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. 3 a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes as listed in the 1998 KCSWM shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings #3451 on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains must be canstructed and approved prior to the final building inspection approval. For those lots that are designated for indiVidual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall camply with the plans on file." d. Storm water facilities shall be designed using the KCRTS level one flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. The size of the proposed drainage tracts may have to increase to accommodate the required detention volumes and water quality facilities. All runoff control facilities shall be located in a separate tract and dedicated to the City of Renton unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. e. The applicant has received approval for two drainage adjustment applications regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions are contained within file numbers L02V0089 and L04V0103. During final review of the engineering plans, all applicable conditions of the adjustment approvals shall be satisfied. f. As stated in the drainage adjustment deciSion, the offsite drainage pond shall be designed using the Levell flow control standard. Basic water quality standards are also required for design of the facility. If a wet pond facility is provided for water quality, the design shall comply with the 3:1 flow length ratio as outlined on page 6-72 in the drainage manual. For evaluation of the onsite storm vault and the offsite detention pond, a soils report shall be prepared by a geotechnical engineer to evaluate the soils and groundwater conditions. g. For any proposed bypass of storm water from the flow control facility, the final drainage designs shall comply with applicable design requirements in the drainage manual as outlined on pages 1-36 and 3-52. h. As required by Special Requirement No.2 in the drainage manual, the 100-year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded. plat. Response: The engineering plans were designed consistent with the King County Drainage Manual and have been approved by City of Renton staff. The storm drainage note required in Condition 5c is shown on Sheet 2 of 5 of the final plat 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. With the relocation of the entry road onto 148th Avenue SE, the sight distance is now acceptable without a variance, and can be constructed as shown on approved construction plans for the project. b. 148'h Avenue SE shall be improved along the frontage as an urban collector arterial. In accordance with KCRS 2.02, the curb location shall be designed at 22-feet from the road crown to provide full width travel lanes and a bike lane. c. The proposed loop road within the subdivision (SE 118'h St.) shall be improved as an urban neighborhood collector street. d. Any private access tracts shall be improved as a private joint use driveway serving a maximum of two lots. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01C, improvements shall include an 18 foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. e. Street trees shall be included in the design of all road improvements and shall comply with Section 5.03 of the KCRS. f. Street illumination shall be provided along the plat frontage and at intersections with arterials in accordance with KCRS 5.05. g. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, full width pavement overlay is required where widening existing asphalt, unless otherwise approved by King County. h. 148'h Ave SE is classified as an arterial street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine specific requirements . . i. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. Response: The project has been designed in accordance with the above requirements. A street tree plan has been submitted to the City and illumination is being provided along the plat frontage and at key locations within the community. The street lighting plan for the community been reviewed and approved by City staff. 7. All franchise utilities within proposed rights-of-way must be built and approved per RMC 4-7-200D and 4-7-200E prior to final plat recording. Response: Acknowledged. 4 8. The plat plan for the original Rosemonte preliminary plat shows a retaining wall associated with 145'h Ave SE which extends into the BSBL for the wetland buffer. During engineering review for East Renton, a revised road alignment and grading plan shall be provided which demonstrates that road construction within the project will comply with applicable sensitive area codes. The revised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat. Alternatively, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSLB to achieve code compliance. Response: This area was modified during engineering review and approval for the project. The area was regraded and a rockery ranging from two to four feet in height was designed to be located entirely Within an open space tract (Tract D) rather than within the future sensitive area tract that will be created as part of Phase 2. 9. There shall be no direct vehicular access to or from 148'h Ave SE from those lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. Response: Note 5 under the Conditions, Covenants and Restrictions on Sheet 2 of the final plat prohibits direct access from Nile Avenue NE (formerly 148'h Avenue SE) to those lots that abut it. 10. The applicant shall provide a safe walking access to Apollo Elementary School with urban improvements along the west side of 148th Ave NE to the existing crosswalk on the north side of SE 117'h St. This improvement includes urban frontage improvements along property frontage of the Plat of East Renton, north of SE 119'h Street, as well as urban improvements along frontage of Rosemonte and urban improvements north to the existing crosswalk on the north side of SE 117'h St. In the event it is not practical to construct urban improvements on the west side of 148th Avenue Southeast extending to the existing crosswalk, a new crosswalk may be established south of Southeast 117'h Street and a safe walkway provided on the east side of 148'h Avenue Southeast from the new crosswalk to the north side of Southeast 117'h Street. This alternative may use a graded surface on the east side of 148th Ave Se to ensure that school-age pedestrians are provided an acceptable-width walkway surface behind the curbing. Response: This was addressed during the engineering plan review and approval phase of the project. Full improvements have been constructed where the project abuts Nile Avenue NE and a crosswalk will be striped at the intersection of 117'h and Nile. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: Traffic impact fees will be paid at the time of building permit application. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final 5 approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. Response: In accordance with this condition of approval, 50% of the school impact fee will be paid prior to final plat recording and 50% will be paid prior to building permit issuance. 13. Wetlands -Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. 6 a. The Class 2 wetland shall have a minimum 50-foot buffer of undisturbed vegetation as measured from the wetland edge. b. Sensitive area tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. c. Buffer width averaging may be allowed by King County if it will provide additional protection to the wetland/stream or enhance their functions, as long as the total area contained in the buffer on the development proposal site does not decrease. In no area shall the buffer be less than 65 percent of the required minimum distance. To ensure such functions are enhanced a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during engineering review. d. A IS-foot BSBL shall be established from the edge of buffer and/or the sensitive areas Tract(s) and shown on all affected lots. e. To ensure long term protection of the Sensitive Areas a split-railed fence of no more than 4 feet in height shall be installed along the Sensitive Area Tract boundaries in the area of proposed lots. Sensitive Area signs shall be attached to the fence at no less than 100 foot intervals. f. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to the City of Renton Development Services Division satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. h. During engineering plan review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post-construction. i. Detention out-fall structures may be permitted within the wetland/stream buffers; however, structures shall be located in the outer edge of the buffer, if possible. All buffer impacts shall be mitigated. Response: Buffer width averaging is shown on the approved engineering plans with the minimum buffer width in conformance with King County codes. When Phase 2 is platted, the Class 2 wetland will be placed within a sensitive area tract on the final plat map and a IS-foot BSBL will be shown on all affected lots. Also, a split-railed fence will be constructed'along the sensitive area tract boundary. A wetland mitigation plan has been prepared in conformance with K.C.C. 21A.24. The mitigation plan was reviewed by King County and is approved by the City of Renton. Wetland hydrology issues were addressed during the engineering plan review and approval phase of the project 14. Development authorized by this approval may require other state and/or federal permits or approvals. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site. Response: Acknowledged. 15. During the review ofthe construction plans for the preliminary plat, the City of Renton Planning Division will be consulted to verify compliance ofthe critical area conditions associated with this plat. Response: Acknowledged. 16. The applicant shall delineate all on-site geological hazards on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-050J. The delineation of such areas shall be reviewed and approved by Development Services staff. The requirements found in RMC 4-3-050J and the 1998 KCSWM shall be met, including seasonal restrictions on clearings and grading activities. Response: This was addressed during the engineering plan review and approval phase of the project. 17. Geotechnical-The geotechnical work for this project shall be accomplished in accordance with recommendations presented in the geotechnical engineering report dated April 23, 2003 by Associated Earth Sciences, Inc. This condition only applies to the northern portion of the project, specifically proposed Lots 11-27, Lots 83 -91 and Tract I. 7 a. Structural fill placement shall be continuously monitored and approved in writing by the project geotechnical engineer or engineering geologist. b. After excavation and prior to structural fill or foundation placement, all bearing soils shall be inspected and approved in writing by an experienced geotechnical engineer or engineering geologist. c. Structural fill placed for improved areas such as pavements or floor slabs shall be compacted to at least 95 percent of the maximum dry density by ASTM test designation D-1557 (Modified Proctor) or as recommended by the project geotechnical engineer or engineering geologist. d. All pile foundation installations shall be continuously monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approve plan and the geotechnical report. Compliance and approval of the pile foundation installation shall be documented in a report to the City of Renton site or building inspector. e. The location and height of any proposed rockeries or retaining walls shall be shown on the engineering plans. f. Any created fill slope that is 40 percent or steeper and 10 feet or greater in vertical height shall be subject to a 50-foot wide buffer plus a IS-foot wide setback area from its top, toe and sides. This buffer may be reduced to 10 feet with a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist. g. The applicant shall delineate all on-site high erosion hazards as defined by RMC 4-3- 050.J.1.c on the final engineering plans. The requirements found in RMC 4-3-050J, including seasonal restrictions on clearing and grading activities. Response: The structural fill placement in the areas described above was monitored and approved by the geotechnical engineer for the project. Bearing soils were inspected and unsatisfactory material was removed prior to the placement of fill. Structural fill within these areas was compacted to at least 95 percent. No homes within Phase 1 are within the area of proposed lots 11-27 and 83- 91 as these lots are numbered on the preliminary plat. If pile foundations are used within the phase 2 area they will be monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approved plan and the geotechnical report. Compliance and approval of the pile foundation installation will be documented in a report to the City of Renton site or building inspector. 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys ta the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation af native vegetation for all purpases that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical area and buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the tract/critical area and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fiff, removed or damaged without appraval in writing from the City of Renton Community & Economic Development Deportment or its successor agency, unless otherwise provided by law. The common boundary between the tract/critical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction or other development activity on a lot subject to the critical area tract/critical area and buffer. The required marking or flagging shall remain in place until all development praposal activities in the vicinity of the sensitive area are completed. No building foundatians are allawed beyand the required 15-foot buifding setback line, unless otherwise provided by law. Response: The critical area tracts will be platted as part of Phase 2. When this area is platted, this note will be included on the final plat. 19. The plat design shall be revised to provide the minimum suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A.14.190 (i.e., minimum area, as well as, sport court[s], children's play equipment, picnic table[s], benches, etc.), as shown on hearing exh. no. 26. In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives 8 final approval. If the applicant opts to provide suitable recreation space on-site, then the following conditions must be met. . a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DOES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. c. Modify the plat, as needed to comply with KCC 21A.14.180.F, as shown in hearing exh. No. 26 for the plat of East Renton (DOES File No. L02P0005) Response: Two parks are proposed within the community and recreational faCilities will be·provided in both parks. However, the recreation space is less than what is required in KCC 21A.14. As a result, we will pay the City parks mitigation fee. 20. Tract E shall be designated for recreational area, with an approved trail (across wetland buffers) extending from the recreational Tract G and functioning as an extension of recreation from Tract G. Plans for the tract -deSignation and design, shall comply with codes and shall be to the satisfaction of City of Renton Development Services Division prior to construction commencing within the Phase 2 area. Response: This condition pertains to construction of a soft surface trail within Tract G. Tract Gis shown as a critical areas tract on the approved preliminary plat. The tract G trail is within that portion of the project that will be platted as Phase 2 and must be approved prior to commencing construction of the Phase 2 portion of the project. 21. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tract, open space and/or sensitive area tracts. Response: A homeowner's association has been established for Phase 1 and CCRs for the plat were previously submitted to the City. Tracts A and B are to be owned by the HOA and the HOA is also responsible for maintenance (see Owner's Declaration on Sheet 1). Similar language will be included in the Phase 2 final plat giving the HOA ownership and maintenance responsibilities for the sensitive area tract. 22. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): 9 a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 148'h Ave SE is on a bus route. If 148'h Ave SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. i. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. Response: A street tree plan has been submitted. This particular project does not include a planting strip within the right-of-way so street trees must be planted on the lots. Note 4 under the CCRs section states that street trees are to be owned and maintained by the abutting lot owners. 23. The engineering plans for this project shall identify the location of any wells on the site and provide notes which address the requirements for the contractor to abandon the well(s) pursuant to requirements outlined in the Washington Administrative Code (WAC 173-160). Response: One well was found on the property and it was abandoned in accordance with WAC 173- 160. 24. SEPA -The two conditions for participation in signalized intersection improvements in the vicinity, and for acceptable stopping sight distance verification have been satisfied prior to granting of this minor plat amendment. Response: Acknowledged. 25. The recreation area will serve both phases of the proposed plat. Response: Two recreation tracts are proposed. One recreation tract will be located in each phase. 26. Wetland buffer averaging or additional buffer are required to compensate for reduction of wetland buffers adjacent to 145'h Avenue southeast, as proposed in the vicinity of the north property 10 line, and to compensate for construction of the recreation tract trail through wetland buffer between Tracts E and G. Response: Wetland buffer averaging and additional buffer are shown on the wetland buffer plan adjacent to 145'" Avenue SE. This area lies entirely within the Phase 2 portion of the plat and the future Lyons Ave NE. 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 22ND DAY OF JANUARY 2013 11 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: January 31, 2013 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office I-~=~~·~~=~-.--~-~-------. --_. - [ Project Name: East Renton Phase 1 Final Plat LUA (file) Number: LUA-12-073, FP II Cross-References: LUA09-099, LUA09-100 I AKA's: East Renton, Rosemonte, Clairemont I Project Manager: Arneta Henninger I Acceptance Date: September 6, 2012 II Applicant: Toll Wa LP ': Owner: Same as applicant ii Contact: Bruce Knowlton I PID Number: 1023059390; 1023059023 I' I ERC Decision Date: ERC Appeal Date: I Administrative Denial: ,I Appeal Period Ends: !i I: Public Hearing Date: II Date Appealed to HEX: I By Whom: I HEX Decision: Date: Ii Date Appealed to Council: I , By Whom: i Council Decision: Date: ii Mylar Recording Number: :' Project Description: PHASE 1 OF EAST RENTON (CLAIREMONT)/ROSEMONTE PLAT -38 LOTS I I I I I 1 I il I' ,,-------------------,------------------11 '! Location: 11813 & 12013 148th Avenue SE I lL:m==m=en=ts=:===========================================Jd RECEIPT EG00003534 BILLING CONTACT TOLLWALP 9720 Ne 120Th PI #100 Kirkland, WA 98034 REFERENCE NUMBER FEE NAME I LUA12-073 I Issaquah School Impact Fee-calc'd Printed On: January 30, 2013 Prepared By: Jan Conklin TRANSACTION TYPE I Fee Payment PAYMENT METHOD AMOUNT PAID I Check #00753561 $67,792.00 SUB TOTAL $67,792.00 '--------" TOTAL $67,792.00 Page 1 of 1 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM January 29, 2013 Bob MacOnie Arneta Henninger, X7298 EAST RENTON FINAL PLAT AKA CLAIREMONT PHASE I LUA 12-073FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. . , Approval: Name Title Date cc: Yellow File ':." DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM January 29, 2013 Rocale Timmons Arneta Henninger, X7298 (l \~ EAST RENTON FINAL PLAT AKA CLAIREMONT PHASE I LUA 12-073FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. . ., , . Approval: Name Title Date cc: Yellow File DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: CC: FROM: SUBJECT: M E M 0 RAN DUM January 29, 2013 Bob MacOnie Kayren Kittrick Arneta x7298 EAST RENTON PHASE I FINAL PLAT (AKA CLAIRE MONT AKA CLAREMONT AT RENTON) LUA12-073FP .... -~-----------------'---------- ... . , . . Theappiicant-has-resubmitted the attached printslor the plat drawing. Please review and comment . . I did notice that the drawing has yet a new different name at the top. Now it is called Claremont At Renton. Thank you! Call me if you have any questions. Arneta x7298 i:\memo.doc Arneta J. Henninger From: Sent: To: Cc: Subject: Bruce Knowlton <bknowlton@camwest.com> Sunday. January 27, 2013 7:56 AM Arneta J. Henninger Kent Berryman FW: East Renton park plan and street tree plan approval Hi Arneta -As part of trying to wrap up the East Renton final plat, I wanted to make sure you had a copy of this e-mail from Rocale where she approved our park landscape and street tree plan. From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Wednesday, December 12, 2012 4:49 PM To: Bruce Knowlton Subject: RE: East Renton park plan and street tree plan approval Hello Bruce, Got your emails and voicemail. Unfortunately, I have been so swamped and this is a pretty low on the priority list. I know that is not what you want to hear. So I just finished reviewing them and they are approved. I will leave a signed copy at the front desk and one in Arneta's inbox. Arneta, let me know if I need to give you an extra for the yellow file? Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.com] Sent: Tuesday, December 11, 2012 10:08 AM To: Rocale Timmons Subject: FW: East Renton park plan and street tree plan approval Importance: High ,,' .... .. ~ .', I ,- .). ; '.. .' "! , -' 1,.; .'1.' '.'; ',,: ",:-: I Hi Rocale -Have you had a chance to review the landscape plan and the street tree plan for East Renton yet? We're anxious on getting started on our landscaping for the project. From: Bruce Knowlton Sent: Friday, December 07,2012 10:03 AM To: 'Rocale Timmons' Subject: RE: East Renton park plan and street trees He Rocale -Have you had a chance to review the landscape plan and the street tree plan yet? We're anxious on getting started on our landscaping on the East Renton project. Also, by the way, I was out of the office for a few days, but Ii'li be working on the landscape mitigation comments (separate document) early next week. From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Monday, November 19, 2012 1 :33 PM To: Bruce Knowlton Subject: RE: East Renton park plan I got them and I will let you know if I have any questions. Rocale T. 1 . , ' : ' .. ';", ,Denis Law , ~ayor . JanuarY 22, 2013 Michael Smith , KentBerryman '9720 NE120thPIace " , Suite 100, ' Kirkland, WA,9S034 " Department ofCommuniiy an'd Economic Development , , ' C.E.':Chip"Vincent, Administrator' RE: ' EAST RENTON PHASE I FINAL PLAT -LVA lZ-0?3FP (3SLots)' NILE AVE'NE AND NE STH ST ' 'Plat Completion and Ac~eptan~e of UtllitiesRequiiements ',..' , U1Z005S, lJ1200060(St lights), U1Z0061 (WD 90),DRAW#RST 3451 ' "DearMr.Smith and Mr, Berryman: The purpo'se ofthis letteds to highlight the' subjeCt~reas in the final platprocess'and a review , ofthefinalplat drawing. All items discussed below are required to be completed prior to' Public ' Work~ aCceptance of the subject prc:iject.'Please use this letter a~apri:Jjectclose:6ut checklist' ,t(),keep your project moving smoothly through the City procedures •. , ' " ' Fi~arPlat R~cording Concerns: ·Pleasenotethatthereani still twoUndefined'courses 00 the plat associated with th~ 'b~undary' ',ofTra~t ic Both of the course lengths. where the boundarY abuts the current termini of NE'Sth "I" , and Mt' Baker PI NE are note noted. On,the closure ,notes for thededica1:ed right of way the . length of both tourses is 42,02 feet, This doesn't cc;mport with the overall length of the' ' westerly, boundary bf Ibts,16 !hrough 21 andit~northerlyextension to the northerly right of . . . th' . .: . \ . '. . . . . way margin ofNE 8 PI; computes at 42,01.' , ' .,', ' Number 2 under the EASEMENT PROVISION~/NOTES ,speaksLots 76 through 79, now Lots 12', , , through.1S, Further,the private drainage easernent at issue isn't shown on the.lots on'sheet 5· ofS. " ..' , ' . Number 4 under the EASEMENTPROVISIONS!NOTESgrants and conveys to King County Water , District with~ut specifYing ;'#90.;' Please'note that,said easement is shown on sheet 3 of-5, with ", undefined tag references L66 &L67>Note, there does not appeartobe an L65. ' , ,Number 4' under.the, EASEMENT PROVISIONS/NOTES addresses the grant and conveyance of the ;'PUBLIC SEWER EASEMENT;' to the City of Rentonbuttheri describes the facility as"water:;' . This needs to be changed,to ;'sewer mains;' and ;'sewer service;' where appropriate: , If you have any qu'estions regarding specific comments on the final plat drawing 're~ie~ 'please' contact Bob Mac Onie, Mapping Coordinator, at (425)430-7369, ' .' . . ' , ,C:onstruction Concerns: You will wai1tto continue working with the City inspector,Dan Tho~pson, 'to insure that the 'project,has.a final walkthrough and sign-off by the inspector. This includes OIlY punchlist items Renton <:iiy Hall ; 1055 South Grady W~y : R~~ton, Washirigion 98057 • r';ntonwa.gov· 'East Renton phase'l Final Plat page. ~ . of.3 from the if)spector ond/or the City Maintenance Division. Ya~ will want.to verify that yau have . ". the proper street names on the streeiname signs (along withwmpleting'oll streetsigncige) that '. (;re required to be instolied prior to recording: . Please contact Dan Thompson if you hav~ .any' . , questions on th'ese constructian items. per the. City af Rerito~,all improvements shall be " installed or deferred by the Board of Public Works with a security deposit in ploce; prior to ' ie~ording the plat. ' . . . " . '1 understand ttiat thedevelojJer has ackno'wledged this comment fro."'! the 'previous ·review. . . .. . '. '; As-Built Conce'rns: The construction permit plan mylars must b'~ checked-out from the sixtIJ jlodrpublic J,;orks . ,counter and up,dated, witha' complete As-Built plan~et., All plan sheets, i~c/uding those . ',constructed. per Ctesign,-must be verified, s'tamped and signed as As-Built by a licensed surveyor orengi~eer. The mylars ore labeled As,B'uiltin large biock letters and stamped by a ;,E or PIS.' ... SUbmit an ASCI file qiongwith your As'Built dra'wings.· . . ' . . . .. 'The civil drawings shall accurately reflect the' ~onstflJction activity~ Thee/vii drawings also need .;to ~haw ali water, sanitarY sewer; street lights and ~i:orm drainage systems easements, which ,shall be consistent. with the As~Built ipcat/on of the utility. Once the above have been addressed,' . submit.arwset of As-Built bluelines ojihe civi/drawings to tiJy.ot/ice. The inspector will be .' 'reviewing the bluelines and if 011 is in 'order I ~ill then call for the civil mylars to be returned. . -'" . ~," . . , I understand that the developer has acknowledged this corrim~nt from the previous review . ...•• _... , .c ',' I " , .' • , ' _ ••.•.. ,. .:1.,.., :, ,,' Fire PreventicinConcerns: : . All raadWay and street sig~age work· n'eeds to be completed prior to. recording. ': '", '. • .,f ' .. Qe\(elojJer has~ckn9wledged.' ,'Hoi ~;~tR::' ",' ' .. ' '.- r.': .:. ' A copY-of the Declarati~,; of Covenants; Conditions; Rest~ictions a~d Reservations for· the HOA . was seritto the City Attorney for review. The comments from the City Attorneyoffice'are as' . follows: . , .... . " c' . . .... p~ge 3 paragraph;; after. th,e word Deciaratia'ninsert "iricludihli ~II common' ~reas' as defin'ed ·below." . _'.'," 'Pagel under 2.2.2 start a ne'w'se~tence after the word obtained" Insert "The dedication or transfer of all or any portion of the Common Are~to the City can only be done with the prior, .' written approval oftheCity of Renton:'!. Page 9 Section 2:11 insert "storm water:' b,efore detention. Page 14 after5.1.8 insert a new section' 5.1.9 then insert "Every 6wne~ must pbtain'all necessary permits befo're performing any st~uct'ural work on their: house.'" There are ~ fe';" typos: Page :2 owners should, be owners', Page 3 cap 8rticles ofjnco~poration, Page 9 Homeownersshouid be Homeowners', P~ge24 third'party should be third~party, Page' '315ection 15.6 insert ."prior" before written' and dash after third" . -,', ....' On page ii Section 4.3 there isarefer~nt'e to 'Tree Topping. D~lete Hie word "topping". Add the lega'i description to' both Exhibit B and Exhibit A. '. , .:. " ", 1/ • East Renton Pha~e 1 Final pr Page 3 qf3 '. General . The project needsto s~binit the monument c~rds'l need a status report on thiSfrom you. Originally they were submitted; I identified thalthey w~:'e not cor~ect; I ~orit~cted Camwest; a • 'repfrom Camwestcameinll< pickeduptheoldones.1 ha'Ve nofurtherrecords. ' . It is a team effort'ofall~ofthe aboveCitydiViSio~syour engineer and yo~r'surveyor toget your, platto final plat approval. If you haveany Questions, please contactme at (425}430-7298. Thank y~u for your cooperation. .' . .' '.. • Sincerely, " .. "/Il: '. -/--.. )~_o '.'~~ J~tv ~/vnf('~ ..... ~ ... ',. Arneta Henninger' Plan Revie;wer' .. -;. ' . ,:. . Cc: .' K~~r~n i<i'ttrj~k,:p~~el~pme~t En~j~ee~jng S~~~~i~or . Bob Mac Onie, Mapping Coordinator Dan Thompson, coristructio.n )nspe'ctor'" .... , Jennifer,Henning, Current Planning' Manager:' : '- Roc'ale Timmons, Associate P.I~ri.':l~r.. . , . . . . ' .' . '. :' ."" . '"'. '" .'- Arneta J. Henninger From: Terrence J, Flatley Sent: To: Tuesday, January 22,20132:14 PM Arneta J, Henninger Subject: RE: TREES & TOPPING Topping should be prohibited, Terry Flatley Urban Forestry & Natural Resources Manager ISA Certified Arborist Municipal Specialist -#PN-7272AM City of Re nto n 1055 S, Grady Way Renton, WA 98057 TFlatley@RentonWa.Gov 425-891-2625 -----ll{-&,-:-·,ton-, . -. GJI"'" (ctrl-click to forestry web page) From: Arneta J. Henninger Sent: Friday, January 18, 2013 6:03 PM To: Terrence J. Flatley Subject: TREES & TOPPING Terry, I am looking at an HOA document that was submitted for review of the CCR's. The document contains a clause about' the trimming, topping trees, '" When the document was reviewed by our City Attorney the City Attorney directed the question to me "Does the'City want topping" and to check with you! I will bring this over to discuss with you next week. Thank you! ~J+~ Arneta Henninger City of Renton 425-430-7298 1 Arneta J. Henninger From: Sent: To: Cc: Subject: Rocale Timmons Thursday, January 03, 201311:47 AM 'Bruce Knowlton' Arneta J. Henninger RE: East Renton Wetland Hydrology and Maintenance/Monitoring Okay sounds good. Once we get the estimates we will look them over and you can obtain the sureties. I will be looking to hear from you. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.com] Sent: Thursday, January 03, 2013 7:52 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: RE: East Renton Wetland Hydrology and Maintenance/Monitoring Hi Rocale -I'm having someone from our office drop off four copies of the wetland buffer mitigation plan, three copies of the mitigation/monitoring program on 81/2" x 11" sheets and reductions of the wetland buffer mitigation plan sheets at 8 )1," x 11" to your attention later today. We're aking for installation estimates by landscape/wetland contractors and should have something back by early next week. After you receive this information, let me know if you have any questions. Thanks Rocale. Bruce From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Friday, December 28, 2012 2:04 PM To: Bruce Knowlton Cc: Arneta J. Henninger Subject: RE: East Renton Wetland Hydrology and Maintenance/Monitoring t", ";" .. ;" .. , "'''.:,,''\" \.. -~- Everything looks good. I will formally approve the mitigation plan once you can send me three hard copies of the mitigation plan including the reduce 8 )I, x 11 sheets. You may want to begin working on getting estimates for the work so we can review for the surety needed. Please feel free to let me know if you have any questions. And I hope you have a good new years. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.com] Sent: Tuesday, December 11, 2012 10:06 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: RE: East Renton Wetland Hydrology and Maintenance/Monitoring Hi Rocale -I've attached the "Revised Wetland Determination" for the East Renton project as well as the "Report Addendum for Wetland Hydrology Assessment" dated November 11,2011. The Report Addendum addresses wetland hydrology and references the 9-12-02 Revised Wetland Determination and was required by the City prior to approving the East Renton engineering plans. Maintenance of wetland hydrology was an issue in the City's first round of review 1 -.' comments in their 9/15/11 letter. ~ November 11, 2011 letter was preparf 'our wetland biologist to respond to those comments and the engineerlllg plans were subsequently approved. I've also attached the Mitigation Standards/Monitoring Program/Maintenance Program for the Buffer Enhancement Plan in an 8 y," x 11" format. This is the information that is contained on sheet WL 4 of 4 of the Wetland Buffer Enhancement Plan except that the maintenance and monitoring standards to reference the City of Renton rather than King County and a 5-year maintenance/monitoring period rather than the three-year period that the County typicallyi requires. I can also transfer the information shown on Sheet L3 of 4 to 8 y," x 11" sheets but that sheet contains the planting specifications and the requirements that the landscape contractor must execute in the field. As a result, I'd rather leave that page intact since that is part of the plan set that the landscape contractor will be working from. Let me know if that's a problem. The wetland buffer mitigation plan went through two rounds of reviews with Nick Gilland the County's wetland biologist. All issues were resolved and Nick asked that the County's mitigation and monitoring requirements be placed on the last sheet of the plans. That was done, and you can see this from the revision block, but I can't find evidence where they stamped the plans as "approved" prior to annexation to the City. Finally, the wetland buffer mitigation plan is located west and north of the Phase 2 portion of the project. We are currently only constructing Phase 1. This phase is located adjacent to Nile Avenue NE (148,h Avenue SE) and does not abut the wetland. I just want to make sure this doesn't hold up our recording of the Phase 1 final plat. Please let me know if you have any questions regarding the attached information. Thanks Rocale. From: Rocale Tlmm~ns:[rnailto:RTimmons@Rentonwa.gov] Sent: Tuesday, November 27, 20i2 8:57 AM To: Bruce Knowlton Cc: Arneta· J. Henninger Subject: RE: East Renton Hello Bruce, Your answers are below. Please let me know if you have other questions. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwes!.com] Sent: Monday, November 26, 2012 11 :20 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: FW: East Renton Hi Rocale -As you know, the park plans for East Renton were submitted last week. I'm now trying to address the issues that were attached to your e-mail to me regarding the wetland mitigation plan but am a little confused. The letter has my name and address at the top, but then reads "Dear Mr. Foster," I think you probably just copied and pasted part of the letter from another letter previously written, but am not sure. Is that the case? Yes this was a letter that was copied and some of the former information was left in error. Also, the opening paragraph references a plan dated August 21, 2112 prepared by our wetlands consultant Triad Associates. I suspect there's just a typo in the date, but I'm trying to 2 .. " find out exactly what letter or rep 'ou are referring to. Can you shed a littl 1re light on this? Yes this was a ~ I'd like to get this all resolveo dS quickly as possible so that it doesn't halo up recording of the final plat. Most of the bullet items in your letter seem pretty straight forward to address, but I want to make sure I fully understand what is being requested. The first bullet item discusses enhancing the "evaluation of the impacts of buffer averaging" and asking how wetland hydrology, habitat and plant diversity will be impacted. The buffer averaging and hydrology was approved as part of the preliminary plat approval by King County (which included preparation of a critical areas report) and also with some follow-up information during review of the enginering plans. I never saw a plan that was stamped approved therefore the City is not able to verify that this criteria was addressed. Therefore you will still need to provide either as stamped approved mitigation plan andlor information regarding the impacts. Also, I'm not sure exactly what report and what plan you are referencing in the second and third bulleted items. Please let me know and we can get this taken care of. The text portion of your mitigation plan should not be on large plan sheets. So for Sheets WL03 and WL04 that need to be revised to fit on 8]1, x 11 sheets so that when they are microfilmed they are still legible. As for bullet #3 some of the lines on the WLOl are not clear what they represent. It is unclear which ones are the boundary lines. setback lines, mitigation enhancement boundaries, etc. Please add the lines to the legend. Finally, I'm not sure if you have a copy of the Wetland Buffer Mitigation Plan that was originally submitted to and reviewed by King County prior to annexation of the property, but I've attached a copy of the plan in the event you don't have it. As you can see in the "Revision" block, the plan was being reviewed by the Critical Areas staff at about the same time as engineering plan review was occuring and the plan went through a couple of round of comments with King County's wetland staff, with the last round of changes adding the County's monitoring and mitigation requirements. Unfortunately if it was not approved we still need to review it. Again, if you can further clarify some of this, I'll get information back to you immediately. Thanks Rocale. From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Wednesday, October 10, 2012 4:36 PM To: Bruce Knowlton; Arneta J. Henninger, Subject: RE: East Renton' park'plim Hello Bruce, -.,,' '., .. ' ,-','" ' .. ", ~. )' I have been reviewing your final plat submittals and there are a couple of things I am confused about ... so this is what I am going to need to move forward o Revised recreation plan -There are conflicts with the labeling of the streets and titles of the tracts and without a detailed recreation plat (as part of the larger phased plan) I am confused about what goes where. o Landscape Plan -I did not receive a landscaping plan depicting the street trees and landscaping for the lots. o Revised wetland mitigation plan -Please see attached. Please also be aware there are several steps with regard to sureties before you are able to move to recording. Please let me know if you have any questions. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.comj Sent: Thursday, October 04, 2012 3:32 PM To: Arneta J. Henninger Cc: Rocale Timmons Subject: RE: East Renton park plan 3 OK:~I'II send down four copies to y attention tomorrow. From: Arneta J. Henninger [mailto:Ahenninger@Rentonwa.govl Sent: Monday, September 17, 20129:42 AM To: Bruce Knowlton Cc: Rocale Timmons Subject: RE: East Renton park plan Bruce, Unless Rocale has said differently I recommend that you send it to me and I will route it directly to Rocale. That allows me to keep the final plat process together and on track. Thank you! Arneta Henninger City of Renton 425-430-7298 From: Bruce Knowlton [mailto:bknowlton@camwest.coml Sent: Friday, September 07,20123:49 PM To: Arneta J. Henninger; Rocale Timmons Subject: East Renton park plan Arneta and Rocale -When we relocated the entrance road into the East Renton project that change also resulted in .... ' ",c',' revising,the location of our proposed pa~ks to the locations shown on the approved engineering plans. I submitted the .' final plat to Rocale a, couple'of weeks:ago and told Rocale that the revised park designs would be submitted as soon as I .", received the'm from·our'landscap.e architect. I just received that information earlier this week'ana wa"t,to get those'"·, '"-;"::', ' plans suomitted for revieiNand approvaL Which of you two do I submit these plans through? Please let 'me know as I'd , . like to get the plans in next week. Thanks. Bruce Knowlton Land Entitlement Director CamWest -A Toll Brothers Company (425) 825-1955 ext. 142 (425) 825-1565 (fax) 4 , , . ~ " DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: January 8, 2013 TO: Rocale CC: Kayren Kittrick FROM: Arneta x7298 N:\ SUBJECT: EAST RENTON PLAT WETLANDS , . Attached please find a Wetland submittal from the developer. Thank you! 'Call me if you have anY'questions:":'-' .-, Arneta x7298 i;\memo.doc I· ' ,~ . 'I ~ 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: CC: FROM: SUBJECT: M E M 0 RAN DUM December 17, 2012 Jan Conklin Kayren Kittrick Arneta x7298 I1 lcV EAST RENTON PLAT (AKA CLAIREMONT) FINAL PLATREVIEW LUA12-0n , ,. ,; ,"': " ,The erigin'eer has submitted the attached prints for,the above ~Iat, Plea~e:'~eview arid", ,comment, , Thank you! Call me if you have any questions. Arneta x7298 i:\mcmo.doc Arneta J. Henninger From: Sent: To: Cc: Subject: Rocale Timmons Friday, December 28,201210:58 AM Arneta J. Henninger Kayren K. Kittrick East Renton Plat LUA12-073 I reviewed Phase 1 of the East Renton Final Plat (LUAl2·073) and I have no additional comments. As part of Phase II the applicant will be required to install the proposed mitigation plan prior to recording. Please feel free to contact me if you have questions. Rocale Timmons City of Renton -Current Planning Associate Planner 1055 South Grady Way Renton, WA 98057 Tel: (425) 430·7219 Fax: (425) 430·7300 rtimmons@rentonwa.gov .!,'.":': ",: .... : .. ~ ~. ,>~ . <"-, " 1 .. ' DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDU December 17, 2012 Arneta Henninger Bob Mac Onietl) East Renton Phase 1, LUA-12-073-FP Format and legal Description Review M I have reviewed the above referenced final plat submittal and have the following comments: Please note that there are still two undefined courses on the plat associated with the boundary of Tract X. Both of the course lengths where the boundary abuts the current termini of NE 8th PI and Mt Baker PI NE are note noted. On the closure notes for the dedicated right of way the length of both courses is 42.02 feet. This doesn't comport with the overall length of the westerly boundary of lots 16 through 21 and its northerly extension to the northerly right of way margin of NE 8 th PI; computes at 42.01. Number 2 under the EASEMENT PROVISIONS/NOTES speaks lots 76 through 79, now Lots 12 through 15. Further the private drainage easement at issue isn't shown on the lots on sheet 5 of 5. Number 4 under the EASEMENT PROVISIONS/NOTES grants and conveys to King County Water District without specifying "#90." Please note that said easement is shown on sheet 3 of 5 with undefined tag references L66 & L67. Note, there does not appear to be an L6s. Number 4 under the EASEMENT PROVISIONS/NOTES addresses the grant and conveyance of the "PUBLIC SEWER EASEMENT" to the City of Renton but then describes the facility as "water." This needs to be changed to "sewer mains" and "sewer service" where appropriate. h:lfile sysllnd -land subdivision & surveying recordsllnd-l 0 -platsl0495(east renton ph. 1 )1rv121217.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: CC: FROM: SUBJECT: M E M 0 RAN DUM December 12, 2012 Bob MacOnie Rocale Timmons Kayren Kittrick Arneta x7298 f\ ~ EAST RENTON PLAT (AKA CLAIREMONT) FINAL PLATREVIEW LUA12-073 1, • ,', The engineer has submitted the attached prints, response letter and lot closure cales. for the above plat. Please review and. comment: .. Bob, I am including the mono cards to your packet. Thank you! Call me if you have any questions. Arneta x7298 i:\memo.doc -- Arneta J. Henninger From: Sent: To: Cc: Subject: Attachments: Bruce Knowlton <bknowlton@camwesl.com> Tuesday, December 11, 201210:06AM Rocale Timmons Arneta J. Henninger RE: East Renton Wetland Hydrology and Maintenance/Monitoring Updated Wetland Determination for East Renton property 9-12-02.pdf; Wetland Hydrology Assessment letter FINAL w-attachments 11-11-11.pdf; Mitigation Standards -Monitoring Program -Mtnce Program 12-10-12.pdf Hi Rocale -I've attached the "Revised Wetland Determination" for the East Renton project as well as the "Report Addendum for Wetland Hydrology Assessment" dated November 11, 2011. The Report Addendum addresses wetland hydrology and references the 9-12-02 Revised Wetland Determination and was required by the City prior to approving the East Renton engineering plans. Maintenance of wetland hydrology was an issue in the City's first round of review comments in their 9/15/11 letter. The November 11, 2011 letter was prepared by our wetland biologist to respond to those comments and the engineering plans were subsequently approved. I've also attached the Mitigation Standards/Monitoring Program/Maintenance Program for the Buffer Enhancement Plan in an 8 )1," x 11" format. This is the information that is contained on sheet WL 4 of 4 of the Wetland Buffer Enhancement Plan except that the maintenance and monitoring standards to reference the City of Renton rather than King County and a 5-year maintenance/monitoring period rather than the three-year period that the County typicallyi requires. I can also transfer the information shown on Sheet L3 of 4 to 8)1," x 11" sheets but that sheet contains the planting specifications and the requirements that the landscape contractor must execute in the field. As a result, I'd rather leave that page intact since that is part of the plan set that the landscape contractor will be working from. Let me know if that's a problem. The wetland buffer mitigation plan went through two rounds of reviews with Nick Gilland the County's wetland biologist. All issues were resolved and Nick asked that the County's mitigation and monitoring requirements be placed on the last sheet of the plans. That was done, and you can see this from the revision block, but I can't find evidence where they stamped the plans as "approved" prior to annexation to the City. Finally, the wetland buffer mitigation plan is located west and north of the Phase 2 portion ofthe project. We are currently only constructing Phase 1. This phase is located adjacent to Nile Avenue NE (148,h Avenue SE) and does not abut the wetland. I just want to make sure this doesn't hold up our recording of the Phase 1 final plat. Please let me know if you have any questions regarding the attached information. Thanks Rocale: From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, November 27, 20128:57 AM To: Bruce Knowlton Cc: Arneta J. Henninger Subject: RE: East Renton Hello Bruce, 1 Your answers are below. Please Ie' ,know if you have other questions. Rocale T. From: Bruce Knowlton fmailto:bknowlton@camwest.coml Sent: Monday, November 26, 2012 11:20 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: fIN: East Renton Hi Rocale -As you know, the park plans for East Renton were submitted last week. I'm now trying to address the issues that were attached to your e-mail to me regarding the wetland mitigation plan but am a little confused. The letter has my name and address at the top, but then reads "Dear Mr. Foster," I think you probably just copied and pasted part of the letter from another letter previously written, but am not sure. Is that the case? Yes this was a letter that was copied and some of the former information was left in error. Also, the opening paragraph references a plan dated August 21, 2112 prepared by our wetlands consultant Triad Associates. I suspect there's just a typo in the date, but I'm trying to find out exactly what letter or report you are referring to. Can you shed a little more light on this? Yes this was a !YIl.Q., I'd like to get this all resolved as quickly as possible so that it doesn't hold up recording of the final plat. Most of the bullet items in your letter seem pretty straight forward to address, but I want to make sure I fully understand what is being requested. The first bullet item discusses enhancing the "evaluation of the impacts of buffer averaging" and asking how wetland hydrology, habitat and plant diversity will be impacted. The buffer averaging and hydrology was approved as part of the preliminary plat approval by King County (which included preparation of a critical areas report) and also with some follow-up information during review of the enginering plans. I never saw a plan that was stamped approved therefore the City is not able to verify that this criteria was addressed. Therefore you will still . need to provide either as stamped approved mitigation plan and/or information regarding the impacts. Also, I'm not ,sure. exactly what report and what plan you are referencing in the second ani! .third. bulleted items. Please let me know and we can get this taken care of. The text portion of your ~itigation plan should not beon large plan sheets. So for Sheets WL03 and WL04 that need to be revised to fit on 8 Y, x 11 sheets so that when they'are microfilmed they are still " . ,legible. AsJor bullet #3 some ofthe lines on the WLOl are' not clear what they represent: ·Itis unGiearwhich ones are the bouridaryiines; setback lines, mitigation enhancement boundaries, etc. Please add the'lines to.the legend. Finally, I'm nOlsure if you have a copy of the Wetland Buffer Mitigation Plan that was originally submitted to and reviewed by King County prior to annexation of the property, but I've attached a copy of the plan in the event you don't have it. As y,ou can see in the "Revision" block, the plan was being reviewed by the Critical Areas staff. at about the same time as engineering plan review was occuring and the plan went through a couple of round of comments with King County's wetland staff, with the last round of changes adding the County's monitoring and mitigation requirements. Unfortunately if it was not approved we still need to review it. Again, if you can further clarify some of this, I'll get information back to you immediately. Thanks Rocale. From: Rocale limmons [mailto:RTimmons@Rentonwa.govl Sent: Wednesday, October 10, 2012 4:36 PM To: Bruce Knowlton; Arneta ], Henninger Subject: RE: East Renton park plan Hello Bruce, I have been reviewing your final plat submittals and there are a couple of things I am confused about...so this is what I am going to need to move forward 2 -o Revised recreation plan -' 'e are conflicts with the labeling of the s' ts and titles of the tracts and without a detailed recreation plat (as !Jart of the larger phased plan) I am confusea about what goes where. o Landscape Plan -I did not receive a landscaping plan depicting the street trees and landscaping for the lots. o Revised wetland mitigation plan -Please see attached. Please also be aware there are several steps with regard to sureties before you are able to move to recording. Please let me know if you have any questions. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.comJ Sent: Thursday, October 04, 2012 3:32 PM To: Arneta J. Henninger Cc: Rocale Timmons Subject: RE: East Renton park plan OK. I'll send down four copies to your attention tomorrow. From: Arneta J. Henninger [mailto:Ahenninger@Rentonwa.gov] Sent: Monday, September 17, 2012 9:42 AM To: Bruce Knowlton Cc: Rocale Timmons Subject: RE: East Renton park plan Bruce, Unless Rocale has said differently I recommend that you send it to me and I. will route it directly to Rocale. That allows • !')e to ~eep.,thefinal plat process together and on track" .. ' ~" ... ;': :,. Th2m~;,y9u!' . ,';).i '\ ( .-': " . ~,' '" ••. ,' ',.". ..eo· . " ... '. " ~ .~~.I--- .' . ~ '. ".'-':~~ Arneta Henninger City of Renton 425-430-7298 • 'I ' • ~ •. _ ':." , .' , , From: Bruce Knowlton [mailto:bknowlton@camwest.comJ Sent: Friday, September 07, 2012 3:49 PM To: Arneta J. Henninger; Rocale Timmons Subject: East Renton park plan .. , , , .',. Arneta and Rocale -When we relocated the entrance road into the East Renton project that change also resulted in revising the location of our proposed parks to the locations shown on the approved engineering plans. I submitted the final plat to Rocale a couple of weeks ago and told Rocale that the revised park designs would be submitted as soon as I received them from our landscape architect. I just received that information earlier this week and want to get those plans submitted for review and approval. Which of you two do I submit these plans through? Please let me know as I'd like to get the plans in next week. Thanks. Bruce Knowlton Land Entitlement Director CamWest - A Toll Brothers Company 3 ~~'iI~ ImnlM~ December 7, 2012 Arneta Henninger Development Services City of Renton 1055 S. Grady Way Renton, W A 98057 Re: East Renton (Clairemont) Park Plan and Landscape Plan City of Renton File Nos. LUA 12-073 and LND 10-0495 Dear Arneta: We are resubmitting the final plat map for East Renton (also known as Clairemont). Attached are the following documents for your review: 1. Final plat map addressing the changes requested in your letter of October 10,2012 -3 copies 2. Monument Cards -1 copy 3. 8 \1," x 11" Neighborhood Map -3 copies 4. Legal Description -3 copies 5. Letter of October 10, 2012 requesting changes to the final plat map and required additional items with responses -3 copies 6. Revised Lot, Block and Boundary Check -1 copy 7. Responses to Minor Amendment Conditions of Approval-3 copies 8. 8 tl2" x 11" Phase 1 Lot Layout -3 copies Please review this information as soon as you can and let me know if you have any questions. Thanks Arneta. Sincerely, Bruce Knowlton Land Entitlement Director. BK:wp / From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, November 27, 2012 8:57 AM To: Bruce Knowlton Cc: Arneta J. Henninger Subject: RE: East Renton Hello Bruce, Your answers are below. Please let me know if you have other questions. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.coml Sent: Monday, November 26, 2012 11:20 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: FW: East Renton " " Hi Rocale -As you know, the park plans for East Renton were submitted last week. I'm now trying'to address the issues that were attached to your e-mail to me regarding the wetland mitigation plan but am a little confused. The letter has my name and address at the top, but then reads "Dear Mr. Foster," I think you probably just copied and pasted part of the letter from another letter previously written, but am not sure. Is that the case? Yes this was a letter that was copied and some of the former information was left in error. Also,.the opening paragraph references a plan dated August 21, 2112 prepared by our wetlands consultant Triad Associates. I suspect there's just a typo in the date, but I'm trying to find out exactly what letter or report you are referring to. Can you shed a little more light on this? Yes this was a !YP.Q, I'd like to get this all resolved as quickly as possible so thafit'doesn't hold 'up recording of the final plat. Most of·the bullet items in your letter seem pretty straight forward t6 address; but I. want to make sure I fully understand what is being requested. The first bullet item discusses enhancing' the "evaluation of the impacts of buffer .. averaging" and asking how wetland hydrology, habitat and plant diversity will be impacted. The buffer averaging and hydrology was approved as part of the preliminary plat approval by King County (which included preparation of a critical areas report) and also with some follow-up information during review of the enginering plans. I never saw a plan that was stamped approved therefore the City is not able to verify that this criteria was addressed. Therefore you will still need to provide either as stamped approved mitigation plan and/or information regarding the impacts. Also, I'm not sure exactly what report and what plan you are referencing in the second and third bulleted items. Please let me know and we can get this taken care of. The text portion of your mitigation plan should not be on large plan sheets. So for Sheets WL03 and WL04 that need to be revised to fit on 8 Y, x 11 sheets so that when they are microfilmetl they are still legible. As for bullet #3 some of the lines on the WL01 are not clear what they represent. It is unclear which ones are the boundary lines, setback lines, mitigation enhancement boundaries, etc. Please add the lines to the legend. Finally, I'm not sure if you have a copy of the Wetland Buffer Mitigation Plan that was originally submitted to and reviewed by King County prior to annexation of the property, but I've attached a copy of the plan in the event you don't have it. As you can see in the "Revision" block, the plan was being reviewed by the Critical Areas staff at about the same time as engineering plan review was occuring and the plan went through a couple of round of comments with King County's wetland staff, with the last round of changes adding the County's monitoring and mitigation requirements. Unfortunately if it was not approved we still need to review it. Again, if you can further clarify some of this, I'll get information back to you immediately. Thanks Rocale. 2 City of Renton InterOffice Memo To: Larry Warren, City Attorney From: Date: Arneta Henninger November 5, 2012 J Subject: Declaration of Covenants, Conditions, Restrictions and Reservations EAST RENTON FrNAL PLAT LUA 12-073FP Please review the attached Declaration as to legal form. A copy of the City of Renton Minor Amendment Approval (to the King County Hearing Examiner's report) is attached. Page 8 item 21 discusses the homeowner's association. This plat will ready for recording toward the end of December. If I may be of assistance in expediting this request please call me at 430-7298. cc: Neil Watts Yellow File LUA 12--073FP IR./ECEUvrero {J ILL .2" (~ f1t1: NOV 082012 /. P/If J 0 wrNlM1-. REKroN CITY ATTORNEY J. f¥o/ ? , IIrYlpr/ frt"ttt. ~ 3-:J/.t IkYf (AAJ .o~fr dh/~ p.),l.I p. ddt fi fl'<) /IV flUoArro {ltv fufP~' czW -- AFTER RECORDING MAIL TO Bruce Knowlton CamWest, a Toll Brothers Company 9720 NE 120th Place, Suite 100 Kirkland, WA 98034 DRAFT CityOfR Plan' enton nm90' . JVJSion AUG: 2 I 1012 fRl~rt;~o~~/t)) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR Grantor/Declarant: Grantee: Abbr. Legal Oeser: Tax Account Nos: EAST RENTON, A SUBDIVISION Toll WA LP [Additional names on pg. N/A] East Renton, a subdivision; East Renton Homeowner's Association [Additional names on pg. N/A] [Full Legal Description on Exhibit AJ Docs Modified: N/ A • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE I DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR EAST RENTON, A SUBDIVISION Toll WA LP, a Washington limited partnership, hereinafter referred to as "Declarant", makes this Declaration as of the _ day of , 2012. SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Declarant is the owner of the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "East Renton" more particularly described in Exhibit A and EXhibii,.aitaCh,d hereto and incorporated herein. B. Declarant has created an 'ow~)a~~ciation at East Renton to provide for the maintenance, preservation and architectural cbnJwf of the Lots and the Tracts (as defined herein) within the Property as more fully described herein. C. The Declarant hereby submits the Property described in Exhibit A to this Declaration of Covenants, Conditions, Restrictions and Reservations ("Declaration" or "CC&Rs"). These CC&Rs are intended to create a comprehensive system of development, architectural controls, administration and maintenance for the Property to enhance the value and attractiveness of the Property, and to protect and benefit the interests of the Owners of the Property. This Declaration provides a procedure for the future expansion of East Renton to include some or all of that real property described in Exhibit B. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof as provided herein, together with their grantees, successors, heirs, executors, administrators, devisees and assigns. Any conveyance, transfer, sale, assignment, lease or sublease of any real property interest in any portion of the Property subject to this Declaration, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Amended Declaration" shall mean an amendment to this Declaration and includes any amendment recorded pursuant to Article 14 that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land as described in such instrument. "Annexation Property" shall mean that Property legally described in Exhibit B which may be added to the Association by subjecting it to this Declaration as set forth in Article 14. DECLARATION OF COVENANTS, CONDlTlONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE2 "Architectural Control Committee" or "ACC" shall mean the Board, as defined below or a committee by that name designated by the Board. "Articles" shall mean the~rticles o~corporation of the Association. "Assessments" shall mean all sums chargeable by the Association against a Lot as provided in this Declaration, including, without limitation: (a) General and Special Assessments for maintenance, repair or replacement of Common Area, Association Maintained Areas and any other property of the Association; (b) Specific Assessments against a Lot; (c) fines imposed by the Association; (d) interest and late charges on any delinquent account; and (e) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean the. East Renton. Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Association Maintained Area" shall mean those facilities, improvements and portions of the Property that the Association is obligated to maintain. The Association Maintained Area inc!tWes the property and improvemenlsdescribedir. Section 2;4 of this Declaration, ~U~ ,. ()JU(. LofYltvWi· ~.L"'h A. AA'Wls.d . u./N., I t;, t' -rr.o •. ,ol . , .. :0'.,0.":, , t .J O~-..... .j I . "Board" shall mean and refer to the Board of Directors of the Association, as provided for I • in Article 3, and any board, group or entity of the successor or assign to the Association serving in a comparable capacity to the Board of Directors. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "Class A Members" shall mean all Owners other than the Declarant when the Declarant is the Class B Member. If the Declarant is no longer the Class B Member, then it shall mean all Owners, including Declarant. "Class B Member" shall mean the Declarant. "Class B Control Period" and "Control Period" shall mean the period of time during which the Class B Member is entitled to appoint the members of the Board. The Class B Control Period shall terminate on the first to occur of the following: (a) when 75% of the total number of Lots on the property described in Exhibit "A", and Exhibit "B" (if subjected to this Declaration as provided herein) have certificates of occupancy issued thereon and have been conveyed to Class "A" Members other than builders; (b) December 31, 2022; or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 3 ", . (c) when, in its discretion, the Class B Member so determines. "City" shall mean the City of Renton, in the County of King, State of Washington. "Common Area" shall mean all real property and improvements thereon from time to time owned or leased by the Association for the common use and enjoyment of all of the Members. The Common Area may (but need not) include common areas, tot lots, recreational facilities, parks and other open space, lakes, streams, utility facilities, private streets not dedicated to the City of Renton or the State of Washington, trail systems and fencing on Common Areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. "Declarant" shall mean Toll WA lP, a Washington limited partnership. No successor and assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless such rights and obligations are speCifically assigned to such party by written instrument designating the party as Declarant hereunder or which pass by operation of law. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein. "Entry Monument" shall mean any entry monument, sign, landscaping, lighting and other improvements that are installed by the Declarant or Association to mark an entry to the community. "Fire Lanes" shall mean any areas within any public right-of-way, easement or on private property that is for the use, travel and parking of fire trucks and other firefighting or emergency equipment. "HOA" shall mean the East Renton Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Home" shall mean a physical structure located on a Lot that is designed and intended for use and occupancy as a dwelling. "Lot" shall mean and refer to any of the 38 Lots shown on the Plat, and any of the 53 Lots which would be added if and when some or all of the real property described in Exhibit B is subjected to this Declaration in an Amended or Supplemental Declaration. Ownership of a Lot shall include ownership of the Home and other improvements now or hereafter constructed on the Lot. "Member(s)" shall mean the Class A Members and the Class B Member. DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 4 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot or Tract created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot or Tract. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot and/or Tract on which it holds a Mortgage which constitutes a first lien on said Lot and/or Tract. Mortgagees shall have the same voting rights as the owners of any Lot subject to such Mortgage. "Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat for East Renton which depicts the layout of the Lots and Tracts on the Property. The Phase I Plat for the Property was recorded at Volume _ of Plats, at pages __ through _ under Recorder's File No. records of King County, Washington. The definition of Plat shall include the final Plat for subsequent phases if the Association is expanded to include the Annexation Property. "Private Drainage Easement" shall mean those drainage easements located on certain Lots, as set out on the Plat, that benefit other Lots, as set out in the Plat. "Property" shall mean the real property described on Exhibit A attached hereto, and any portion of the Annexation Property described in Exhibit B, attached hereto, if such portion is subjected to this Declaration by the recording of an Amended or Supplemental Declaration. DECLARATION OF COVENANTS, CONDlnONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGES "Public Stormwater Facilities" shall mean the detention vault and other stormwater facilities located within Tract I which is owned by the City of Renton. "Public Utility Easement" shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage and accessory equipment, together with the right to enter upon the Lots and Tracts for said purposes. "Street Trees" shall mean the street trees located on the Lots adjacent to the public streets in the Plat which are maintained by the Owner of the Lot upon which the trees are located. "Street Lighting" shall mean the lighting for streets within the Property. "Structure" shall mean any thing or object the placement of which upon any Lot may affect its appearance, including, without limitation, any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, play structure, curbing, paving, tree house, fence, wall, rockery, hedge, sign, statue, antenna, dish or other receiving device, or the like, and any excavation, fill, ditch, dam, or other thing or device that affects or alters the natural flow of surface waters or any natural or artificial stream or drainage channel upon or across any Lot or Tract. "Supplemental Declaration" shall mean an instrument that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land described in such instrument as more fully set out in Article 14. "Tract" shall mean and refer to any of Tracts A, B and I as shown on the Plat and any improvements thereon. Tracts A and B are owned by the Association. Tract I is owned by the City of Renton and is not part of the Association. The Association has the obligation to maintain landscaping within Tract A and Tract B as more fully set out in Section 2.4 and Exhibit B-1. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on Lots. Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS Section 2.1 Description of Common Area. The Common Area as shown on the Plat is comprised of the following: Tract A -Open Space Tract Tract B -Open Space/Recreation Tract DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 6 Tract I and the detention vault and storm drainage facilities located in Tract I are owned and maintained by the City of Renton. Section 2.1 Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in Tracts A and B previously owned by the Association and have the attendant obligation to maintain Tracts A and B. Section 2.2 Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, including easement rights of Owners, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.2.1 The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be detrimental to the environment, be inconsistent with development conditions, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or a sensitive area tract on the Plat. 2.2.2 The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two- thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be duly executed by the president and secretary or ot.her officer of the Association Wh~hall certify tha~ tre requisite vote or consent h~i). been ob!l!ned. T'" <ilGlI ,...tl~.1<I?" 1!/'IN 1> ':!::n~J-{ 4.f ~ P'" P'I" It) 1f.A.-(.~ P!ru -111 ~ ~ r() C(Jrft ff'"1 bt '(I.(. '"' .... 11'1 .,.~. vJ • r I • U q. 'b Section 2.3 Association Maintained Area. The Association~aintained Area is m .. ...!......, comprised of the following areas, facilities and improvements: . ~"" o The Common Area, including any irrigation system serving any portion of the Common Area o Any Entry Monuments and Association Signage The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.4 Association Maintenance Responsibilities. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area and any private utility facilities therein. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 7 costs of maintaining the Association Maintained Area shall be assessed to Lots as set forth in Sections 7.4, 7.7 and Exhibit C. Section 2.5 Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area to family members, guests and tenants of such Owner. Each Owner shall be responsible for informing such Owner's family members, guests, tenants and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien upon the Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.6 Public Utility Easements. The Plat creates various easements within the Property for public utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Property at all times for said purposes ("Public Utility Easement"). Within these Public Utility Easements, no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation, maintenance and use of utilities. Each Owner must continuously maintain any such easement area located within their Lot. All utility facilities within such Public Utility Easements that serve only one Home shall be maintained by that Home's Owner, except for those improvements for which a public authority or utility company or the Association is responsible. Section 2.7 Private Storm Drainage Easements. The Plat creates a private storm drainage easement over Lots 77-79 for the benefit of Lots 76-78. Other private storm drainage easements may be created if the Annexation Property is made subject to this Declaration. The maintenance of the facilities within those private storm drainage easements shall be the responsibility of the Lots benefiting from the storm drainage facilities therein, provided that no Owner shall pay any portion of the cost of repairs or maintenance above their respective connection point to said facilities. Section 2.8 Signage Easement. Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet parallel with and abutting all public rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs, address columns and entry monuments. Section 2.9 Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 8 Section 2.10 Easement for Entrv by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots, and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing so with reasonable cause of imminent danger; or (ii) acting with the consent of the Owner or tenant of such Lot. Section 2.11 Publicly Owned Tract. Declarant has dedicated Tract I to the City. The City has fee title and will own, operate and maintain the land and theAdetention facilities therein. 3O;fIrIYI;t)r- Section 2.12 Easement for Development Activity. Declarant and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing and installing such improvements to the Common Area and to any property described in Exhibit B, as it deems appropriate in its sole discretion. Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. An association called the East Renton Homeowners) Association (the "Association") shall serve as a homeowners' association for all Homes in the community. Section 3.2 Form of Association. The Association is a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant has or will adopt Articles of Incorporation for the Association and has or will propose the adoption of initial Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the provisions of this Declaration shall prevail. The Bylaws provide for the administration of the Association and the Property, and are intended to further the intent of this Declaration. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of the Association. A majority of the Directors elected by the Class A Members must be members of the Association. The Directors appointed by the Class B Member need not be members of the Association. Section 3.5 voting membership: Membership and Voting Rights. The Association shall have two classes of DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 9 3.5.1 Each Owner, except the Declarant when the Declarant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall be members. The vote for each such Lot shall be exercised as the joint owners may decide among themselves, but in no event shall more than one vote be cast with respect to anyone Lot. 3.5.2 The Declarant will initially be the Class B member. The Class B Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall cease upon the occurrence of the earlier of the following events: (i) upon termination of the Class B Control Period; or (ii) when the Declarant determines, in a recorded instrument. At that time, the Class B Membership will convert to Class A membership for each Lot still owned by Declarant. Section 3.6 Transfer of Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with generally accepted accounting principles. Section 3.8 Inspection of Association Documents, Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. Section 3.9 Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association ("Financial Statement"). Section 3.10 Audit of Financial Statements. If the annual Assessments are fifty thousand dollars ($50,000) or more, the Financial Statements shall be audited at least annually by an independent certified public accountant unless the audit is waived by sixty-seven percent (67%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum, as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit, the Members must vote to waive the audit in accordance with this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 10 section. In addition, the Board or a majority of the Owners may at any time require an audit prepared by an independent certified public accountant which shall be paid for by the Association. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration of the Property. The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. Section 4.2 Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Members, shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of Assessments, as more particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4.2.3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of Assessments, the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services; however, if any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. The Board may pay the Declarant a reasonable fee for any services it performs on behalf ofthe Association. 4.2.5 Pay for power for all streetlights located on the Property and water and power for irrigation of the Common Area and Association Maintained Areas. 4.2.6 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Tree Trimmin intenance and Removal. The Board may require, at the Owner's expense, the trimming, topping b , if deemed necessary by the Board, removal of any tree, hedge or shrub on the owner'S7t t-1hat the ACC determines (i) is interfering with the view or ," DECLARATION OF COVENANTS, CONDITIONS, ESTRICTIONS AND RESERVATIONS (EAST RENnON) PAGE II . .j"!" . . © ~ access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of maintenance of the Street Trees on his/her Lot. If an Owner wishes to remove any tree that is part of the Yard Landscaping, including Street Trees, that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. In addition, no Street Tree or other tree on any Lot may be removed without complying with City of Renton tree removal permit requirements and any replacement obligations. Section 4.4 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area, the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Members fairly and in a non-discriminatory manner. Section 4.5 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected, placed or altered within the Property and any changes to the exterior appearance of any such Structure, must be approved by the Board or an Architectural Control Committee (U ACC") appointed by the Board. Any enclosure or cover used in connection with such a Structure or equipment or otherwise, whether temporary, collapsible or seasonal, shall be treated as a permanent Structure for purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all Structures. Nevertheless, Owners are not required to obtain Board or ACC approval for alterations solely to the interior of any Home or for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and normal maintenance (unless re-roofing or re-siding with different materials or otherwise altering the materials, colors or design of the exterior of the original Home or any ACC approved changes). Until the expiration of the Class B Control Period, Declarant shall act as the ACe. Complete plans and specifications of all. proposed Structures or exterior alterations and repairs, together with detailed plans showing DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND REsERVATIONS (EAST RENTON) PAGE 12 the proposed location of the same on the particular building site and other data requested by the Board or ACC must be submitted before construction, alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the Board or ACe. 5.1.2 If the Board appoints an ACC it shall be composed of three or more representatives. All plans and specifications submitted for approval by the ACC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. In the event the Board or ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will be deemed to have been given, subject to the provisions of Subsection 5.1.3 and 5.1.8. 5.1.3 The maximum height of any building shall be established by the as part of plan approval by the Board or ACC and shall be given in writing together with the approval. If the Board or ACC has failed to disapprove such design and location within the "io:d.,y limit, and such design and location is thereby deemed approved, the maximum height Va~y building shall be no greater than is allowed under applicable zoning, land use and building codes. 5.1.4 The ACC may require that all plans or specifications for alterations of a Home or other significant Structure be prepared by an architect or a competent designer approved by the ACe. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACe. 5.1.5 The submittal will be reviewed as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the lot, with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and any duly adopted architectural guidelines. The effect or impairment that such Structure or alteration will have on the view or outlook of surrounding lots may also be considered as well as any and all other factors which, in the Board's or ACe's opinion, shall affect the desirability or suitability of such proposed Structure, improvement, or exterior alteration or repair. The Board or ACC shall have the right to refuse to approve any design, plan or color for such improvement, construction, exterior alteration or repair which is not suitable or desirable, in its opinion, and such refusal may be based entirely on aesthetic or other factors. 5.1.6 Neither Declarant (including any successor in interest to Declarant's status as Declarant) nor any activities of Declarant shall be subject to the restrictions of this Section 5.1 as to any property owned by Declarant. 5.1.7 By majority vote, the Board may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. The Board may delegate such tasks to the ACe. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 13 5.1.8 No Structure shall be erected, altered, placed or permitted to remain on any Lot or Tract unless the Structure complies with the Plat, this Declaration and with applicable building codes and other applicable requirements. The Owner may be required to furnish the Board or ACC with evidence that all necessary permits have been obtained from the City for any work for which approval is required under this Section prior to commencement of the work or at any time the~after. ~~ tJ n~ 51A.o}--~P~ "lJ nU&Q>""" '>V1'fo: I:l ':., I ,"') 'W;r/~"') w ... <..otioV.r~w~ ,.,.. ~ ij,Mot. Section S.2 Declarant Facinties. NotlNithst nding any provision in this Declaration to the contrary, Declarant and its agents, employees and contractors shall be permitted to maintain, during the period of sale of Lots, Tracts, and Homes, upon such portion of the Property (other than those sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots, Tracts, and Homes, including but not limited to a business office, storage area, signs, banners, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. MAINTENANCE OBLIGATIONS OF OWNERS! USE RESTRICTIONS! EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, the "--~t:.:c! Owner of each Lot, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Owner's Lot and all Structures and other improvements and the Yard Landscaping within the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any such Owner fails to maintain, repair, replace or restore the Owners Home, Structures, and other exterior improvements and Yard Landscaping located within the Lot, the Association may, after Notice and Opportunity to be Heard, at the Owners cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall payor reimburse the Association on demand for all such costs and expenses. Each Owner is responsible for irrigation for the Yard Landscaping. All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition. Section 6.2 Restrictions on Storage; Use of Garage. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of Lots, Tracts or Homes) or any disabled or inoperable motor vehicle on the Property unless any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACC. Garages must be used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking as may be adopted by the Board. No in-operative vehicle of any DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 14 type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners. Section 6.3 Roads. Sidewalks and Fire Lanes. The public roads and sidewalks located in . East Renton may be used only for normal access, ingress and egress, and no obstructions shall be placed thereon. Due to the width of the roads, applicable City fire and safety ordinances allow parking only on one side of the public roads. There shall be no parking in any area which is designated as "No Parking". The purpose of these restrictions is to provide adequate road width for the access of fire and other emergency vehicles. The obstruction of a Fire Lane by a parked vehicle or any other object is prohibited, shall constitute a traffic hazard as defined in state law and an immediate hazard to life and property. Parking is also not allowed on the sidewalks or planter strips. Section 6.4 Residential Use and Home Occupations. 6.4.1 Residential Uses. Any and all Structures may be used only for (i) residential purposes, including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or (ii) use as a home office or (iii) use for a home business that does not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community; (v) purposes of operating the Association and managing the Property, or (vi) the business of the Declarant in developing and selling Lots, Tracts and Homes. Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon any Lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Section 6.7 Garbage and Trash Removal. No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste must be placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the prompt and regular disposal DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGElS of all of garbage, trash, junk and yard waste. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. Section 6.8 Animal Restrictions. With the exception of domesticated dogs, cats and other usual household pets (hereinafter referred to as "pets"), no insects, reptiles, poultry or animals of any kind shall be raised, bred or kept in or on any Home, Lot or on any Common Area. The Board may adopt reasonable rules and regulations for the keeping of pets. All pets when outside a Home shall be kept on an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the pet at all times, or by fenCing or a suitable invisible electronic confinement system not dangerous to humans. Owners shall not allow pet excrement to be left on any lot or on any portion of the Property. Owners shall be responsible for assuring that their dogs do not bark continuously. Any Owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 Signs. No signs shall be displayed to public view on any lot except (i) one professionally created sign of not more than one square foot displaying the property address and/or resident's name; (ii) one sign of not more than five square feet advertising the Home for sale or rent by anyone other than the Declarant or other home builder; (iii) signs of any size or Similar display used by Declarant or other home builders to advertise lots, Tracts, or Homes for sale so long as they own a Lot within East Renton; (iv) political yard signs displayed prior to any primary or general election which must be removed within ten (10) days after such election, or (v) any permanent entry monument signs, and fire lane, road and directional signs for East Renton. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs. 6.9.1 The Declarant may, in its sole discretion, construct signage at the entrance to the Plat which identifies it and includes a notation indicating that it was developed "by Toll Brothers" (or some similar reference to Declarant or any entity affiliated with Declarant), including the use of any particular logos and/or trademarks utilized by Declarant, and convey such signage to the Association along with a non-exclusive license to use the logos and/or trademarks depicted on the signage (but only for purposes of maintaining such logos/trademarks in the manner depicted on the signage at the time of conveyance and for no other purpose), such license being revocable by Declarant at any time. If the license is revoked, all references to Toll Brothers shall be removed from the sign age at the request of Declarant. Section 6.10 Renting and leasing. 6.10.1 No Board approval is required for Owners who lease or rent their entire Home for a term of 30 days or more. Other rentals (except those made by lenders in possession following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 16 sale or other arrangement in lieu of a foreclosure) require Board approval unless the Board adopts a different rental policy or rule for rentals of less than all of a Home or for a period shorter than 30 days. All leasing and rental agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default under such lease or rental agreement. Notwithstanding the foregoing. 6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner (and the Lot under this Declaration for assessments and charges) or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, or in derogation of any rights which a Mortgagee of such Lot mal( have with respect to such rents. Other than as stated herein, there are no restrictions on the right of Owners to lease or otherwise rent their Home. Section 6.11 Temporary Residence. No mobile home or modular home shall be permitted on any Lot or Tract. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for trailers used by Declarant, builders, or contractors during the construction period. Section 6.12 Satellite Dishes and Antennae. In order to minimize the visibility of satellite dishes and antennae from other Homes and from the public streets, the Board may regulate the location, size and color of, and may require screening of, any antenna, satellite dish or similar equipment to the maximum extent allowed under federal law. The Board may delegate this task to the ACe. Section 6.13 Governmental Requirements. All Structures and other improvements must comply with applicable requirements of the Plat and with all applicable statutes, ordinances, regulations and government requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply. Section 6.14 Use and Disposal of Hazardous Substances. All Owners shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area, public street or other portion of the Property. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 17 Section 6.15 Completion of Projects. Any Structures or improvements, including any repairs or replacement thereof, constructed on any lot shall be completed as to external appearance, including finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted by the Board or ACe. This period may be extended by the ACC due to inclement weather. This Section 6.15 does not apply to Declarant or Declarant's activities. Section 6.16 Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise interfere with a mailbox structure. Section 6.17 Outdoor Fires. Outdoor barbecues may be used on lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.18 Screened Service Areas. Unsightly items must be hidden from view within a Home or garage or within a fenced or screened area where they will not be seen from any Home or road. Unsightly items shall include, but shall not be limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the Board or ACe. Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Home, the Owner shall promptly restore and Repair (as defined below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board is required to rebuild in accordance with a plan that is different from the original plan or as modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for the Home exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. For all restoration and repair less than Substantial Damage, the Owner must follow the procedures outlined in Article 5. Section 6.20 Native Growth Protection Area. Reserved. Section 6.21 Driveway Maintenance Easements. Certain Lots may have driveways that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each Lot that has any portion of a driveway within three feet of the boundary line of an adjacent lot over the adjacent Lot. The easement shall be for the purpose of maintenance, repair or replacement of the driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement. The DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 18 benefited Owner must repair any damage to the adjoining lot and must restore the adjoining lot to a condition similar to that immediately before use of the adjoining lot. Section 6.22 Private Fence Easement. Declarant has or may construct certain rockeries, walls and fences between Homes on adjoining lots. The intention of the Declarant is that each fence, wall and rockery when constructed, shall be wholly on one lot or another and not on the property line between adjoining lots. Due to obstructions or topography, however, Declarant may not have placed each fence, wall or rockery wholly within a lot or immediately adjacent to the property line. Therefore, Declarant reserves an easement, one foot wide on each side of each lot boundary, for itself and for the Association and each lot Owner for the placement of fences, walls and rockeries that have been installed by the Declarant for as long as the wall or fence exists. Each Owner of such a fence shall have the right to maintain, repair and replace any portion of an encroaching fence, wall or rockery and shall have reasonable access over the other lot for such purposes. Except as set forth above, the Owner of a lot upon which Declarant or Owner has installed a fence, wall or rockery shall be responsible for its maintenance and if placed on a common boundary line between lots, the Owners of lots on each side of a fence, wall or rockery shall be jointly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery subject to Board or ACC approval. Each Owner may, however, paint or stain its side of any fence located on a common boundary without the consent of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area described herein, nor the conduct of an Owner in maintaining the land between a fence, wall or rockery on an adjoining lot or on the common property line shall be construed as modifying the common property line between the two lots as set out on the Plat. In the event an Owner installs a fence, rockery or wall wholly on Owners lot after obtaining necessary Board or ACC and other approvals, that Owner shall be responsible for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining lot for such purposes. Section 6.23 limitation on Grading. The grading of any lot is not to be changed by a lot Owner in in any manner that will cause an adverse effect on adjacent lots. Any earth disturbance, including but not limited to the moving, depositing, stockpiling or storing of soil, rock or earth materials, made by any lot Owner shall not cause an adverse effect on the adjacent lots, roads, stormwater conveyances, or erosion control measures. Article 7. ASSESSMENTS Section 7.1 Creation of the lien and Personal Obligation of Assessments. Each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any Assessment duly levied by the Association as provided in this Declaration. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESER V AT10NS (EAST RENTON) PAGE 19 obligation of the person who was the Owner of such lot at the time when the assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor title unless the lien for such delinquent Assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. Section 7.2 liability for Assessments. Any Assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 7, except for Assessments levied against an Owner for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection with bringing an Owner's property into compliance with the provisions of this Declaration. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments, and after the Lot is first conveyed to an Owner other than Declarant. The first annual general assessment levied on each lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence. No Owner may exempt himself or herself from liability for his Assessments by abandoning the Owner's Lot. When ownership of a Lot changes, Assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section 7.3 Association Budget. The initial Board shall prepare, or cause the preparation of, and adopt a budget for the Association. After termination of the Class B Control Period, the Board shall adopt a budget annually, in accordance with generally accepted accounting principles. The budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses, including any contribution to reserves. Within thirty (30) days after adoption by the Board of any proposed budget of the Association, the Board shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after delivering a notice of the meeting and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the members shall be continued until such time as the members ratify a subsequent budget proposed by the Board. Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional lots reasonably anticipated to become subject to assessment during the fiscal year. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an Assessment period at least 30 days in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to Assessment; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render such Assessment void or invalid. DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 20 Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the General Assessment hereunder for 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. Section 7.6 Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the Assessment period for which each budget was prepared, the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to that year only, for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such Assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's special assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment shall be substituted for the operating budget amount and shall be payable in one or more installments, as determined by the Board. Section 7.8 Specific Assessments. In addition, the Association may levy Specific Assessments against a particular Lot as follows: (i) the costs of the Association for the maintenance, repair or reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit C, and (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this Declaration or the other governing documents. Special assessments may be levied either before or after the work is done, in the discretion ofthe Board. Section 7.9 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any Assessment or installment thereof which remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than 15 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have commenced on all Lots under this Declaration, the Declarant may satisfy its obligation for Assessments, if any, on Lots that it owns either by paying such Assessments in the same manner as any other Owner, or by paying the difference between the amount of Assessments levied on all other Lots subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Section 7.11 Suspension of Voting Rights. The Association shall have the right to suspend the voting rights by any Owner for any period during which any Assessment against such DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 21 Owner's lot remains unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations. Section 7.12 Accounts. Any Assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 7.13 lien. In the event any Assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days' prior written notice to the Owner of such lot of the existence of the default, accelerate and demand immediate payment of the entire Assessment. The amount of any Assessment assessed or charged to any lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien thereon. A notice of Assessment may be recorded in the office where real estate conveyances are recorded for the county in which this property is located. Such notice of Assessment may be filed at any time at least 15 days following delivery of the notice of default referred to above in this Section. The lien for payment of such Assessment and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid Assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a mortgage. Section 7.14 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any Assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.15 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any Assessments, a balance sheet and an operating (income/expense) statement for the Association which shall include a schedule of delinquent Assessments identified by the number of the lot and the name of the Owner; provided, however, such documents need not be prepared by a certified public accountant unless requested by the Board or a majority of the Owners. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. Section 7.16 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for Assessment and charges or lack thereof secured by the Assessments upon any lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a lot DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 22 within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid Assessments or charges with respect to such Lot, and, upon such payment, shall have a lien thereon for the amounts paid of the same priority as its lien. Section 7.17 Foreclosure of Assessment Lien; Attorneys Fees and Costs. The Board (or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect any Assessment. In any action to foreclosure the lien of, or otherwise collect delinquent Assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.18 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent Assessments set forth in the notice and all other Assessments which have become due and payable following the date of such recordation with respect to the Lot to which such notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of fifty dollars ($50.00) or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction and release of the lien created by the notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of Assessment and any efforts to collect the delinquent Assessments, including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Capital. 7.19.1 For good cause, an Owner may be required by the Board, from time to time, to make and maintain a deposit up to three months' estimated monthly Assessments, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve for delinquent Assessments. 7.19.2 Resort may be had thereto at any time when such Owner is ten days or more delinquent in paying his or her monthly or other assessments and charges. Said deposits shall not be considered as advance payments of regular Assessments. In the event the Board should draw upon said deposit as a result of an Owner's delinquency in payment of any Assessments, the Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 23 7.19.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore. 7.19.4 The first purchaser of each Lots shall pay to the Association, in addition to other amounts due, $300.00 as an initial contribution to the Association's working capital. Such payment is not a prepayment of Assessments by the first purchaser. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction or development of the Property, to pay Declarant's contributions to Association reserves or to make up any deficits in the budget of the Association. Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. 8.1.1 Each Member, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved <l-6~. Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition, the City shall have the right to enforce the provisions of the Plat, and related Pi'ovisiO~s of this Declaration, relating to the maintenance obligations of the Association as a trlrcJ.pa'1Y benefiCiary, as provided in Section lS.6. ~ 8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 24 Section 8.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law, although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 13 hereof. Section 9.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner. Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners including such Owner, his successor and assigns. For the purpose of this Article, the terms "Mortgage" and "Mortgagee" shall not mean a real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect to a sale by an individual Owner other than Declarant. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 25 Section 10.2 Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Lot; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. Subject to Section 1.2 of this Declaration, the covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12. Section 11.2 Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property. Article 12. AMENDMENT OF DECLARATION OR PLAT Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Until the termination of the Class B Control Period, this Declaration may be amended by an instrument executed by Declarant and approved solely by the Class B Member. Thereafter, DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 26 except as set forth in Section 12.3 of this Declaration, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided, however, that until the termination of the Class B Membership and the expiration of the Declarant's annexation right set forth in Article 14, no such amendment shall be valid without the approval of the Class B Member and the holder of the annexation right. The members' approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Areas, insurance or fidelity insurance; responsibility for maintenance and repair; leasing of Lots other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating to the maintenance obligations of the Association set forth in the Plat, as provided in Section 15.6. Section 12.2 Plat. Subject to other applicable provisions of the Declaration, the Plat may be amended by revised versions or revised portions thereof. Until the termination of the Class B Control Period the Plat may be amended by an instrument approved and executed by the Class B Member, provided that if such amendment directly affects a Lot owned by someone other than Declarant the approval of the Owner of such directly affected lot shall also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class B Control Period, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided that the Owners of all Lots directly impacted by the proposed revision must approve the proposed amendment. Copies of any proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 12.3 Amendments By Declarant. Notwithstanding anything to the contrary contained herein, the Declarant reserves the sole right to amend or correct this Declaration, the Articles, the Bylaws and the Plat until Declarant no longer owns any lot in the Property or the expiration of the Declarant's annexation right set forth in Article 14, whichever is later, without the consent of any Owners, Mortgagees or other persons claiming an interest in the Property or the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 27 Association if such amendment is needed to (i) bring the document into compliance with any rule, regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments; (ii) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of Lots, Tracts or Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to receive service of process for the Declarant. Section 12.4 Effect· of Recording a Supplemental Declaration. If a Supplemental Declaration is used to add the Annexation Property to the Association it shall be effective upon recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration or any amendment to the Declaration adding the Annexation Property, such property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration, and the Association shall assume such additional obligations as are set forth therein. Article 13. INSURANCE Section 13.1 Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft or other causes with such deductible provisions as the Board deems advisable; and such other insurance as the Board deems advisable. The Board may also, in its sole discretion, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers and representatives from personal liability in the management of the Association's affairs. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 13.1.1 Notwithstanding anything to the contrary contained herein, for so long as the Declarant controls the Board, the Declarant reserves the right to include the insurance obligations of the Association within a master insurance program controlled by the Declarant and upon doing so, the insurance obligations provided for under this Declaration shall be deemed satisfied. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND REsERVATIONS (EAST RENTON) PAGE 28 Section 13.2 Owners' Insurance. 13.2.1 All Lot Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and as the Board deems advisable. All insurance shall be obtained from insurance carriers that are generally acceptable for similar residential properties and authorized to do business in the state of Washington. All such insurance poliCies shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to the Association. All Lot Owners shall provide the Association with proof of insurance upon the request ofthe Association. 13.2.2 The property insurance maintained by each Owner shall, at the minimUm, provide all risk or special cause of loss coverage in an amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rule or regulation establish. 13.2.3 The liability insurance coverage maintained by each Owner shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the Lot and such other risks as are customarily covered for similar residential properties with a limit of liability of at least $300,000. 13.2.4 Any portion of the Home for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance. Article 14. EXPANSION OF COMMUNITY Section 14.1 Expansion of Community by Declarant. Declarant may subject all or any portion of the Annexation Property described in Exhibit B to the provisions of this Declaration by recording an Amended or Supplemental Declaration describing the real property to be subjected. An Amended or Supplemental Declaration recorded pursuant to this Section shall not require the consent of any Person except the Declarant or the owner of such property, if Declarant is not the owner of such property. Section 14.2 Duration of Declarant's Right to Expand. Declarant's right to expand East Renton pursuant to this Section shall expire when all of the property described in Exhibit B has been subjected to this Declaration or 10 years after this Declaration is recorded, whichever is earlier. Until then, Declarant may transfer or assign this right to any Person who is the developer of at least a portion of the real property described in Exhibit A or Exhibit B. Any such transfer shall be memorialized in a written, recorded instrument executed by Declarant. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESER V ATIONS (EAST RENTON) PAGE 29 Section 14.3 No Obligation to Expand Community. Nothing in this Declaration shall be construed to require Declarant or any successor to subject any additional property to this Declaration or to develop any of the property described in Exhibit B in any manner whatsoever. Article 15. MISCELLANEOUS Section 15.1 Notices. 15.1.1 Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 15.1.1.1 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 15.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): Toll WA LP 9720 NE 120th Place, Suite 100 Kirkland, Washington 98034 15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to" each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. Section 15.2 Conveyance: Notice Required. The rights of an Owner to sell, transfer or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Section 15.3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit ofthe heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees ofthe Member. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 30 Section 15.4 Joint and Several liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. Section 15.5 Mortgagee's Acceptance. 15.5.1 This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee's Mortgage. 15.5.2 Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire property. . / q''''' Section 15.6 City Rights. The maintenance obligations of the AssociatKSn, as provided in the Declaration or on the Plat, may not be ame or terminated without the'ritten approval of the City. The City shall be deemed to be a {h;(d-p rty beneficiary of this Declaration, with the full C- right to enforce all provisions relating to the ~a ntenance obligations of the Association set forth in the Plat. Section 15.7 Severabilitv. The provIsions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 15.8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 15.9 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 15.10 Effective Date. The Declaration shall take effect upon recording. [Signature on following pagel DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE)' IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first herein above written. DECLARANT: STATE OF WASHINGTON COUNTY OF KING Toll WA LP, a Washington limited partnership By: Toll WA GP Corp, a Washington corporation Its: General Partner By: Eric H. Campbell Its: Division President ss. I certify that I know or have satisfactory evidence that Eric H. Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Division President otToll WA GP Corp, a Washington corporation, general partner otToll WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated this __ day of ____ ~, 2012. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at _______________ _ My appointment expires __________ _ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 32 EXHIBIT C OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the various portions of the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and who pays the maintenance costs. Tract or Easement Owner or Easement Maintained By Paid By/Assessed To Beneficiary Individual Lots Individual Owners Individual Owners Individual Owners Tract A -Open Space Association Association Assessed to All Owners Tract B -Open Association Association Assessed to All Owners Space/Recreation Tract Tract 1-Detention City of Renton City of Renton City of Renton Irrigation facilities for Tracts A Association Association Assessed to All Owners and B and Irrigation Water and Power Billings Drainage Easement over Lots Benefits Lots 76-78 Owners of Owners of Benefitted 77-79 Benefitted Lots Lots Share Equally in Costs of Maintenance for the portion of the drainage facilities used in common. Street Trees Owner of Lot upon Owner of Lot upon Owner of Lot upon which Street Tree is which Street Tree which Street Tree is located is located located Sidewalks Owner of adjacent Owner of adjacent Lot Lot Street Lighting City of Renton City of Renton City of Renton DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) EXHIBITC Denis Law . Mayor April 24, 2012 Bruce Knowlton CamiNest Development, LLC 9720 NE 120th Place, Suite 100 Kirkland, WA 98034 Department of Community and Economic Dev~lopment C.E."Chip·Vlncent, Interim Administrator RE: Minor Amendment Approval-East Renton and Rosemonte Preliminary ~Iats Nile Avenue NE and NE 8th Street King County File Numb,ers L02POOOOS and L03POO18 Dear ,Mr. Knowlton: We have reviewed the approved East Renton and Rosemonte preliminary plats. The two preliininary plats, for a combined 91 r~sidentiallots, are located on the west side of N1,Ie Avenue NE in the vicinity ofNE 8th Street and tilE 9'" Street. We have reviewed the list' of project conditions established by the King County Hearing Examiner prior to annexation of the properties to Renton, and are approving revisions to the phrasing of the plat conditions to clarify Renton requirements for approv~1 of the finai plat. These req'uests and revisions are approved as part of a minor amendment to the preliminary plat, as allowed by Renton Municipal Code (RMC) 4-7-080M., The approved ~mehded preliminary plat conditions are listiid beloVo(. The approved revisions include darification of required impact fees and a condition for compliance with' Renton's R'esldential Design Standards. These tw~ adjacent preliminary preliminary plats were approved separately. They were both requested by the same applicant and the public hearings we're heard before the King County, Hearing Examiner the same day. The piat conditions are nearly Identical, with a recognition that the two projects would be buiit as a phased project, with the southerly (East Renton) project going first, and the north (Rosemont) being built and recorded second. The applicant has , requested merging the two plats, and altering the phasing to the easterly portion of the' site, being bLlilt and recorded first, and the second phase b'elng the remaining westerly portion. We believe this Is a logicalapproach, providing a better build out plim for utilities, streets, and drainage for the project. This minor amendment for the o'riglnal two approved preliminary plats grants approval to the applicant's request to merge the two projects Into a single prelh'llnary plat, with two phas'es for recording of the final plat. The combined piat conditions retain the same intent as'the conditions on each of the initial preliminary plats, and the final recording . '~ -, . date remalnsunchallged, since both preliminary plats have the same approval date by the County. Renton pty Hall • 1055 South Gra~yway • Renton, Washington 98057 • rentonwa.gov i , I i • j " ': " ' Mr.'.~ruc:e K!'owlton , Pag. 2 allO, ' April 24, 20li ," Amended Conditions of Approval for the East Re'nton and RosemontePreUinlnary Plats The proposed ~ulidivision'Cif Eas't,Rimt~n Plat; as accepted by KI~g,cou~tyf!lt complete:' ,,' application 'on March 17,,2006,and granted preliminarY plat approval by the 'King County on AprilS, 2007, and the proposed subdivision of R()~einonte Plat;asatcepted by K.lnil County for com~leteapplication on 'March 31, i006, and gra~t~dpreliminary plat appro'val by the King, , County on AprilS, 2907i,are granted approval of minor'amendme'ntstothe preliminary plats; , ',subJectto the.following conditions of final plat approvals:" ." ",,, . .,' .. , 1. Compliance with all platting provisions of the Renton Mlmicipal Code (RMC) ,j-8-110. The East Renton preliminary plat and Rose;;'onte plat may be combined '~s a single' plat, with ' recording in two 'separate phases.'rhe projeCt'can be phased with the first recorded ,ptiase' ' , bei~g the easterly portion of ih1! sii~, wlth.full drainage Improvements, utility improvements, , arid street improvements necessary for,providing full utility and access to 'the,lots inthefirst , , phase.' The second' pha'se' Wouid be the re'malnlng iNesterlyportion of the combined preliminary plat, whlchiNould ttien 'include' completio'n of the remaining drainage, utility; and street " , ' imprciJenients for the project ""'" ,,' , ': ". ", , . " ' , 2. The plat shall comp!ywlth:ttle base density and minimum density r~quirements,of, tlie King 'Courity R.4 zone classificatiqn, All lots sh~1I meet the minimum dimensl~nalrequirementsof.the , Ki!lg'County'R-4 10,ri'e c1a,ssification or shall be shown on the face ofthe approved prelimillary' , "plat, whichever is larger, except that minor r'evisionsto' the plat which do not result' In , " s~bstantial.change's may be'~pproveci atthe'discre,tiorio(the City of Rentbn Community & ' , Economic Development Department, . ,'" A minimulr o/50'J6'ofthefiitufe housesv.lithin thii plat shalf ~ub~tantia!lyconfo;m to the "guidelines listed in Rentor! Municipal Code (RMC) 4-2:115 Residential Design arid Open Spcite ' .Requlre';'ents. The 'City slialt review 'and appro~e modijlqations from strict adhere'!ceto the , , prescribed standards provided the applicant demonstrates de,slrJn alternates meeting the 'spirit andintent hf th~ guidelines'. ' " , , "".", ", ," ,,'" " . Any plat bound,ar,'i discr~pancy sh~1I b~ resolved ~o the ~ailsfactior'of the City of Renton Communlty,& EconorriicDevelopment Depar:tment prior to the submittal of the:final plat' , ,documents. As'usedin this condition~ "d.iSc~epancy"ls a,tloundaryhliltus, an over1.allplng , ' . boundary o'r a ptiysical appurtenance which 'Indicates an encroachment, nnes of poss'ession; ,or' a' ; conflict' of title. ' . , ' , 3, All construction'and upgradingd public and privaie,roads ~ha" be doil~ inai:co~dandi with, " the KingCountv Road Standilrcsestabiished and adopi~d Ii., Ordinance No. U187, as,amended (1993 KCRSj, 6r as otheiWi~e modified by agre~ment lietween the City cif Renton Development" Services Division,and the appliCant per RM,C4-9~2S0D: ' -. ._. ", .' . " 4, The a~~licant,must obtain' the, approval oftheRenton Fire Depariinen.~'for ~he adequacy of , the fini hydrant, water main;and firidlc5w standards of RMC 4-5-070: ' , . , . -. ," , I. }. " , " '. ' , I " " ' 'I , I I ·1 , i I ! I I i 'I I 1 , 1· ! I I I I, t " Mr, Bruce Knowlton p~ge4of 10 . April 24,2012 ' 'h, As ~equired by Special ReqiJir~m'ent No. 2 iiHhe:drain~ge manual, the lOO-year floodplain boundaries for theonsite Wetlands shall be shown on the final :' ' engineerins. plan;~nd r~corded'pl~t. ," ,,' ,'6. The proposed ;ubdlvisionshail comply with the 1993 King cou~ty RoadSta'nd~rd.s (KCRSj, including the following requirements:.' ." , ,'...' • . a, With the relocation of the 'entrY rmid onto t4S·h Avenue SE; the sight distarice is now'acceptable without a variance, imd 'can be constructed ,as shown on approved construction plans for the proJect.': ' ", "" ' , " b. 148'h Avenu~ SE shall be Improved alongthe.frontage as ail ~rban collector arterial: '" , , In accordar)ce with KCRS i02, thecurq location .shall bedesig~ed at 22-feet from', , the road crown to provide full width travel lanes and a bike lane:' , c,. Th~ 'proposed loop ro~d within the s~bdi~islo'n (S~ 118" St.! shall be improved as an , urban neighborhood ,collector street. ' ," " ' ' , , d. ' Any privat~ access t'racts shall be, improved as,aprivate joint use driveway .serving a , , ma:xim~m of t':"'o lots, The servirig lot~ shall have undivided ownership of the tract , . ' and be re~ponSlble 'for.i~ maint~nance, AS,sp,ecified !n'KCRS 3.0],C, Improvements Shali include an l8-foot paved 'surface and a minimum tract width cif. lOfeet: Drainage control shaliinclude a curb or·thi~ker\ededge on one sid~, . e: Street t~ees sha,1I be·hi.cI~ded inth;; design of allro~d 'improvements and shall ' 'comply with Section S,03,ofthe' KCRS. ' , . " " f,' Street m~mjriation shalib'e p~ovided alorig the plat frontage and.atlntersectlolls with'arterials in accordance with'KCRS 5'.05, ' g. The p~oposed r6adimpiovementsshali'address the requirements fqr road,surfacing O,utlined ,in KCRS C,hapter4, As noted in, section -i.01F, full wl~th,pavem:ento~erlay', i~ reguired where widening existing aspha!t, unles,s o!her:wisea~proved ~y King Cou~ty, .,',,', "" 'h, ,148'h Ave SE is classified as an arterial street which may require deSigns 'for bus zohes:and~iJrn ci~ts. As specified in KCRS 2,16; thed:esigner,shall copt~ct Metr? and' the I()eal school distriCt to determine specific requirements. ',' , , i, Street modifications maybe approlie'd by City of Re'ntonDevelopmentSe.vices , ,',' Division *or~ing to the modification procedures of Ren!oh' Municipal Code'4'9- '2S'OD "", , ' ,', '. , , .' ' .. " --,'" -'. 7 .. AII franchise utilities within proposed 'rights-of:way must be built abd app~oved per RMC ~'7' . 200Dillid 4,7-200E prio'r,to final plat rec()rding, ' ' , , " " 8, The plat plan for the original Rosemonte prellmln'ary plat shows a' retaining iNali associated with 145'h AveSE which ,extends into the BSBL fo; the wetlarid buffer. During ~ngine~ri';g ,' .. review for East Renton', a"revised.road· aiignment and grading plan shall be provided which d~monstratesthat ro~d co~structi~nwithin the proj~ct will comply with appliC;;blesensitiye' area'codes. The, revised rmid deslg~'and graging plan may're.~ult In modification or loss of lots as shcwin'on the preliminary plat. Alternatively, the applicant may,seek approval to use buffer ~ve;aging as a ~eansto~evise the location ofthe buffer'and BSLEI to achieve 'code coiripliance. " ~". -, -, I.' . ':' .: , , .' . , I I 'I , I j .I I j, , , j . , ' , I I , I' ........ ' •• 0 ," Mr. Bruce Kn~wlton PageS of 10 , " April 24, 2()12 o :,~. " , 'g. There shall be nodirett vehicular access to or from i4Sih Ave' SE fro~'those' lots which abut it. A note tothlseffect shall appear on the e~gineering plans and the final phit. o .". • ..' • 0 • 'ie. The applicant shall provid~a safe waiking acce~s to Apollo Elementaiy School, wlthiJrban Improvements along the west side' of 148'~ Ave ~E to the e~isting crosswalk on th~ north' side of SE117,h St. This'iinprovemeni includes urban frontage improvements along proP!!rtY frontage " 'of the Plat.of East Renton, north of Sf 119'h Street, as'well as urban improvements along the .. '-, -, ' , ' '. -,'\.' " , front~geof Rosemonte alJdurban improye,ments north to the 'existing crcisswalk,on the north side of SE 1l7t~ St. In'the event it is not praCtical to consiruct tJrban im'provemerits on the west side of 14SthAvenue Southeast eXte'nding to the'e~iSting crosswalk, a new crosswalk may be ' , established ~outh of Southeast l17'hStreet and a safe :;"'aikway provicledonthe 'east side,of , 148'h Avenue Southeast from the ne'wcrossw~lk'iothe north side ~t'Soljtheast 117\h Street. ' , This alternative may ,use a graded surface on the east:side' of 148,h Ave SEto Ems~re that school, age pedestrians are provided an acceptable-width wai~wai"surface behind the,curblng.', ' . . , ' '. . . ..' , , ii, The'applica'nt or subsequ~nt ownershali compl~ withthe applicable City of Renton'trafflc' mitigation fee schedule or applicableimpactfee'schedule in place at time offee payment; Th~ applicant'has the option to elther:(l)pay,the traffic mitigation ,or impactfeeat 'the final plat, ' ' : recording, or'm,pay'the mitigation or impactfee ~t the time of building,permit issuance"IUhe ' , fir~i option is chosen, the fee paid shall be the f~e in effect at the' timeoffinal pla~ application , and,a 'note shall be place on'ihe face of the' plat'that reads; d All traffic 'mitlgat16n or Impact fees' , 'required by Renton Municipal Code have been paid." Ifthe second o'ption IS,chosen, the fee paid shall be,the amount In effect as of the date of b~ilding permit applicaiion, " '.' ':' ' ' , .' , ,,12. l.ots witiiin this subdi~ision are' s~bjeCt'to Rento'n MiJniCipakode 4-1-160; whlch,imposes ',Impact fees tofurid ~chooi system improvements needed tOS!!Ne newdevelop':ni!~t. As a' condition' o(flri~1 app~ovai.flftv percent (50%) of the impactJe,es due' for the piat shall be " • j, ,'" ' • • ' • ,-' asse~sed and coliectedhilmediatel,Y prior to the recordirig, using the fee schedul~sin effe~t when the'plat receives fimil ap'proval. The bal~nce ofihe assessed fee shali be ailocated 'evenly to the dwelling unlts,in the plat and sh~1I be'.c~lIecied p':iorto the building perrnilissuance, " , _. 0 -, ., -• • " .. _ , .. ' -, . .. ,-'r ..' . . _'." .,' , 13, Wetlands -Prellmlnaiy plat review has identified the following specific requirements which' apply ~o t~is project, All other a~plicablerequir~fne~t~ from Renton'Mu"lcipal CodeA-7-1l0 ' sha'lI also be addressed 'by the applicant. ", ' " , ' , , 'a, Tlie Cla~s 2 wetland shall have a minimum '50-foot buffer ofundisturbedvegetation' ,'as measufed from the wetianCl edge.' " ,;' "',' " ' , ,Ii, SellsitivE! are~ traCt(s) shall be used to deli~eate and protect sensitive areas ~nd , ; buffe'rs in development proposals forsubdivIsi6ns anti shall 'be recorded 'on all : " docum'ent~'oftitleof'record fo': all affected lots. ' " " c. Buffer ~idth a'v~raging may lie allowed ~y KirigCounty if it ,will proyide additional prqtection to til~ wetland/stream or,enhiifl~e their,functions, as long as the total area contained in the buffer on the development proposal site does not decre,ase, , in no area sh~1I the"butter' be less than slx!V-flye,percent (65%) of the required l'· ' " • • . ,. , ! " ,,' " ':' I ! ' ," " -,-.' Mr. Bru~e Knowlton Page 6 of 10 April 24, 2012 mininium distance, To ensure such fundions are ~nhanced', a mitigation plan will be, r~qulred'for the remaining on-site sensitive a~eas, An enhancement plan shall be " submitted for re~iew durhig' engineering review: , :' " ' ':, " , 'd, ' ~ 15-foorBSBL shall be establlslied froTl'!thee~geofbuffer ,arid/or'the sensitive, . areas tract(s) a'nd shown on all affected lots, . ' . , >. .' e, To '~nsure long term protectio'n of the Se~sitive Area's,a split-railed fence of no more tha'n four feet (4') in h'eight'shall be installed a.iongtheSE!Osltive Ar~aTra~t boundaries'ln the area of proposed lots,' Sensitive Area signs shall be attached io the fence at no less than lOO-foot Int'erv<ils.,' .' '" .', :, ' '.'. " f, It'iilterationsof streams and/or wetlands 'are'approvedinconformance with K,C,C: 21A,24 .. ihen a (letailed plari to rriitigatE! forlrripactS from that altera'tioh wiil,be '. iequired to be n!viewed and approved along with the pi at engineeririg 'plans, .A, . performance bond or other finiincial'guarantee will be required' at ttie time ~fplan ' approval to g'uarantee'that the mitigation'measures'are installed according tl? the , plan, Once the mitigation '';;'ork is completed to ,the ~ity of !Ientciri Development , ,,(... . . .' . . Services Division satisfaction, the performance bond may be replaced by a 'maintenance bond foilhe remaimler of the five-year monitoring period to ' 'gilarantee the success of the mitigation, The applicaht shall be responsible for the installation, maintE!Oance, and 'monitoring of any' approved mitigation,' The mitigationplari must~ installed pdor to final inspection iihhe plat. : g: pri6rto'commenciiig construction ai:tivitie~ on th~ site, ttie applieant shall tempOrarily !'lar~ sensiti~e aieastraCt(sj'in a higtily visible manner,ang the~eareas. ' must remain so marked until all developmehtproposal activities In'the viCinity of the sensitive areas are completed,' ,. ' , h, During engineeri~g plan' re~lew,the,a,ppilcant shall provide av.le'iland hydrology analy~is to de~onstr~te how the wetland hyi:lrologywiilbe mairt~iried post', constr~Ctio,n,' '" . ' ,'. " i, Detention out-fall structures may be permitted ,witliin the wetland/stream buffers; however, strJctJre's shailbe'loc1ued inthe outer edge'of the' buffer, if posslble.'AIi buffer impacts shall ,be mitigated" . . ., , , , . 14, Develo'pment authorized' by this appro~al may reqliire other, state and/o~ federal permits or approvals, It is the appli~ant's responsibilitY to correspond with these agericies prior to . beginning work on th~ site,.' "",', ,,' , ' '., . 15, Du;ing the review of tlie construdiqn plans for the. preliminary plat, the 'City of,Renton 'Planning Division will be consulted to 'verify compliance of the critical a'rea 'conditions associated with this plat, ' ' . . .,' . "., . "'" . '," . .. 16" The'appli~antsh9Udelineate ~Ii on:site ge~19gical h~zard~ori th~ finalengirieeringplans as defined by Renton Mu'niclpal Code (RMC) 4'3"{)50J, The ileli~eation,of5uch areas shaJI be ' reviewed and approved ~y DevelopmenfServices staff,' The requirements foun~d in RMCA-3-, OSOJ.and tile 1998 KC5WM shaU.tie met,including Sejlso)lalres~rictionspn clearings ari,d gradi,ng .aFtivities,' " . -' " , " " ' , , ", '. , , i , " I I I " , I " I. i . " Mr. Bruce Knowlton Page 7 of 10 , '~riI2,j. 2012 '.' 'l?: ~eotechnlcai -The geotecHnical work, for this project shall tie accom~lishedin accordance with,recommendationspresented.in th(!seotechnicalengiheeiingreport dated April 23, 2003, ,by Associated EarthSciences,inc: This condition orily applies to the nort.hern portion cif, the project, specifically proposed Lots 11':; 27, lots 83'-)1 and TraCt I. . . , a: S.tructural fill placementshall t?e continuously monltoreo'and approved In iNrlttng by the project geotechnical engineer or eng'ineering geologist: . .' . ' . . 'b: After exc';iVatlon a'ndprlor to structural fill or foundation placement, all bearing soils, stiai! be Inspect¢d aridapprl)ved i~writingby an exp.erienced geotechnical engineer , or engineering geologist; '. , , . ,'c. ,Structural.fill placed for improved areas such as pavements or floor slabs shall. be. co.mpacted~o <ideast 95 percent of the maximum dry'd~nsity byA~TM test ' designation 0-1557 (Modified Proctor) or as'recommended·bythe. 'project. geotechnical englne'eror'engineering geologist.' ., d' .. All pile foundation In~tallatlohsshall be continuously monitored by a ~egistered ,geotechnical engineer or alicerised engineering geologist for compliance with a.n :: approve plan and the ge,ot~cj,riit·al.~epciit. Compliance and ~pproval of the. pile . foundation instaliation shall be documented In a report to the City of Renton site or . ,. biJiiding inspecior. :.,..... _' ,.' . . . .' . . e. The location and height of any proposed ~ockeries or retairilMg wa'IIs ;h'all'be"sho~n on"the e;'gineerhig plans,'" .' -, '.' , . . t.' Any created fiU slope that is:40 percent of steeper and 10 feet or greater'i'ri veitical height ;hall be subject t'o aSO'foot wide buffer plus a 15;tOot wide setback area. . . from Its top, 'toe, and sides. This: buffer may be. reduced to 10 feefwith a satisfacto!'Y evaluation by a registered geotechnical engineer 'orlicensed . imgineeririg geologist. . . . . g. Theappliclmt shall d~iineate all on,site high erosiorihazardsas defined by RMC4-3- 050.J.1.:c ont~efi~al englneerin,gplans. TliereCf~irement~ are, found Iii RMC4-3, 050J,. including seasonal restrictions on clearirigand gfiidhig activities. . : . 18 .. Ute following ncite shall be shown on the final engirieeririgplan and recorded plat: . '. 'RESTRiCTIONSFOR 'CRITicAl AREA TRACTS AND CRITICAL, . AREAS AND BUFFERS'. '., '. . .., , .' .... .. , . 'OedicotiCin of a critic.ol oreQ tract/critical area ol!d buffer ~onveys to the public a. beneficial interest in the land within the troct/ciitlcol area and buffer. This interest Includes the preservation of native vegetationIor all purposes that benefitttie public health, safety and wet/are,lncluding contrqiofsur/ace"'(oter .l?iJd erosion, maintenance of slope stability, and protection 0/ plant and animal habitat. The·criticol area' . 'tract/critical area and buffetiinpcise; upon all present andjutu;e owners and occupIers of thl! land subject to. the trriet/criti'eai area ondbuffe; tiJe:'obFgatlori, enNrc~able on behalf of-tre public by the City ofRenton,tl) leave undisturbed o/(trees and oFher . vegetation Within. the 'troct/critiea/areoorid bUlfer: The vegetation within the tipet/criticol area ondb~ffe;mbY not becu,t, piuned, covered by fill, removed or. damaged witho'ut dpprovoJ in' writing from the City of Reritim Community & fco!,ol1)ie DevelopfrJent bepartme~t or its' s~ccesso"agency, unless othervylse provided, bylt;Jw .. . . , '. '. . . t • .', I i ,I I i , I ., I i . i i I I, i , ' Mr .. Bru'ce.Kn9wlton Page 8 of 10' Ap,U24,2012 ", ", ',', " , Thl! common boundary between the tract/critlcol areo,andbrJ!fer and. the area ofCievelopmimt activity mus,t be morked or oiheriNisefll?gged to the'sotis/Cletion 0/ the , , City cit R!1ilton Community & Econo,riic DevelopfT!ent Department prioito 'ony cfearing, ' " ,. "'. ,'~ , " .' " grading, buydif}g constructlon,orother deVelopment activity on a !otsubject to the ' :critical arell tract/critical area ondbu//er. The' re9iJir~d (rlarking,or /Iagging,sha,llremain , in place 'I,Intii all 'development proposal (letiiiities iMhe vicinity of the sensitive area are ' , completed.' " " , , , "No building foundations' are allowed beyond the required lS-/oot building s~tbock l/tie, un"essotherwise provided by iow. ' ' " " ",,' -" -. 19.: The pla~ design sha'il berevised'to provide,th!! minimum sUitable recreation spa~e ,consisterit~lth the requlref11ents of K:C.C. 21A.14,1S0 and K,C.c'. 21A.14',190(i,e." minimum " area, a~ well as sport courtls], chitdren's play equipment;picnic table[si. be'nche;;, etc.); as " sho"'(n on hearing exh"No. 26. 'In lieu of providing these'improvements; the applicant may' choose to pay the i>~rks Mitigation' or Impact fees prior to th'e'firial plat'recordlng, using the fee schedules In effect whim the plat receives final approiial. If the applicant opts 'to' provide ' " ' suitable recreation space .on-site, then the following co'ndition's' must,be,met. ' " a., A detailed.recr!latipr\ space plan (I.e., location, a'rea,calcGlations; dimensions, . "landscape spees, equipment specs, etc.) shalf be submitted for re~iew ana approval 'by DOES prior to or concurrent with'the,submlttal cif engineering plats,' " ' 'b, A'perf?rmance bond for recre~tionspace Improvements s~alrbe postep prloi i9' recording of the pial. ' , ',', C" Modify the pl~t, as ~eed'ed, to comply with KCC21A.14.1S'O.F; a~ shown in hearing exh. No; 26 for the 'pla~ of East Renfon (DOES File No. L02,POOOS). , . -.' . 20. TracfE ,sh~1I be designated f~r recr!!aiicin~1 a~ea, with an approved trail (across wetland' buffe'rs)exl:!;nd!ng from the recreational Tract Ganci functioning as an exte~sion ofrecreatlan fro'm'TraCt G., PI,ans for:thet~acf"': designation ~nddesign,shall"comply with codes and shall lie ' to the saiisfadlon·of City of Renton Development Services DiviSion prior to construCtion ., , ,comm~licing within'th~ Phase' 2 area. '" '.. ',' " " ,. 0' ' '......" . I- i1..A 'hciineowneis'associ~~ion orother workable Org~nizatlo,~~hall be estab:IiSti~d~ fo tile <===:::1 satisfaction of,the City of Renton COmmunity & Economic Development Department, which ' provides fo~ the ownership and continued malntenanceof.the recr~ation tr~d, ";pen space and/or,sensitive area tracts .. ' " , . ~ "... , 2i, Street 'trees,shall be provided as follows (per KCRSS.03 and K.C:C. 21A.16.0S0):, , .' a. 'Trees shall be planted'at a rate of one tree for everY 40 feet of fro~tagealong all " roads. Spacing may be,modified to atc6mmodatesight distance requirements for drive\vaysand Inters~ctio,ns. , , , ' , b. Trees Shall belocate'd within the street rlght~of-way and ,planted hi accordance with Drawing 'No. 5-0090'fthe 1993 King County Road Standards, 'unles~ City of Reiitori ' Developr,llE;rit Services Dlylslon delerminesthat tr,~es ~hould not be located In the ", st~eet ilght:of-way. .' ' I ',I' I '\ " i 'I , I ' . I I 'I I , , i , I " ! . i, ' , '. , ~. ," , Mr. Bruce Knowlton ~ag. 901 10 April 24,,20g ,,' , c, 'lfC!ty of Rent6n Developmerit SerVices Division determinE!s that'the required street ' trees.should not be located'wlthi~' the iight,of,way, they sh~1I be located n'o 1]10re ' than 20 feet frol]1 the,str.eet ~ight:of-way ,line, ' d: The trees shall be, owned and maintained by.the abutting 10t'own'ers or the 'homeo~~ers' association o~ otlierwo':kableorganlzatlon unless the city has , adopted a rriainie'na~ce progr~m, Ownership and mairiten'ance sh~1I be ~oted on' t~e face of the 'fin~1 'recorded plat. . ., . . e, The,species oftreesshall be approv~d by City of Rent 011 Development SerVices " Diilision if located withil!the right;of-way; ani:! shall nof include'poplar, cottonwood" soft maples, gum, any fruit-bearing trees, or ailY other tree"or shrub whos'e roots', ' 'are likely to obstruct sanitary.or storm, sewers, or'that is not compatible with " o'~erhead utlli1Y lines, :' ,', ,..,,' , f, the applicant ~hail sub";'it 11 street tree plan and boryd quantity sheet for review and approvill by City of Renton Development SerVices Division prior to engineering plan , approval. . ' " g, Tne aRPlicant shall contact Metro SerVice Planning at' (206j 684-162i to determine if 148'" Ave SE Is tin ~ bus route, If 14S'"'Ave st Is, a bus route, the street treeplali ,. shall also be reviewed by Metro, , . ' 'h. th~ street trees must be installed and inspected,or ~ performance bond posted " prior to recording of the plat. If a performance b~nd 'is posted, the street trees must be installed and inspected within, ope year of recording of the plat. At the time of , inspection,ifthe trees are found to 'be Installed per the approved plan, a. ' maintenance b'ond ~ust be' submitted or the,performan~e bond replaced with a rIlairite'nailce bond,and I)eld for one year. ,After one year; the maintenance bond' I· . . , '.l ." • " may. be released after City of Renton Deilelopment Services Division has completed '" "I' , '. _","., -'''-.' • .' .'". . • . a'secolld inspection and determined that the frees .have been kept healthy and thriving. ' ' , ' . i., . A landscape Inspection fee may also be required prior to plat recording, rhe inspection fee 'Is ~ubject to change based on the current city fees ~ttlrri~ affinal plat {ecording. ' ',' " , '" , , , i3: The engineering pla'lislor this p'roject shall Identify the locadon of any wells on the site' a'nd provide notes which addre~sthe requirelllerits for the cQntract6r'to abandon thewell(s) , , . pursuant' to requirerlle'~ts o'utlined in'the Washington Administrative Code (WAC 173,160), . ",' " " . ",". '. . ' '. " 24, SEPA' The two conditions (or participation in signalizeil'intersectionilllprovements in the vicinity, and for,acceptilble sto'pping sight distance verification have been satisfied prior to g~al)ting oithi~ !l1ino(plat ame'ndment.· . . , .. ',' ." ' is., The recrE!~tion area will se:rve both phases of the proposed plat, '26. Wetland buffer averaging or additional buffer 'are'}eq~ired,to 'to'mpensate -fo~'reduction of wetland buffers adjacent to 145'" Avenue'southeast, as proposed in the viclnlty'ofthe north, ," "." • '. e, . _ .' '. ' • . ,' . I I ,I 1 I I ,I ! ", , I I I , , I , .. ' Mr. 'Bruc~ Knowlton Page 10 of 10 April 24, 2012 property line, and to compensate for constructi~n of the recreation tract trail through wetland buffer between Tracts E and G. This decision to approve the niinor amendment to the East Renton and Rosemoilte Preliminai)' Plats is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative deci;ion must be filed with the Renton City Clerk's office by 5:00 pm', May 8, 2012. If you have furthe'r questions regarding requirements for this project, please contact Kayren Kittrick at 425-430-7299. Sincerely, 0~u)att; Nell Watts; Dlre'cto~ Development Services Division cc: Chip Vincent, Interim CED Administrator Kayren Kittrick, Development Engineerlng,Supervisor Jennifer Henning, Current Planning Manager Arneta Henn.lnger,Plan Reviewer . DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M 0 RAN 0 U M DATE: October 8, 2012 TO: Rocale CC: Kayren Kittrick FROM: Arneta x7298 k\~ SUBJECT: EAST RENTON DRAW #3451 Cam West submitted the attached plans. Thank you! Call me if you have any questions .. ' Arneta x7298 i:\memo.doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: l=i r-e-COMMENTS DUE: SEPTEMBER 20, 2012 APPLICATION NO: LUA12-073, FP DATE CIRCULATED: SEPTEMBER 6, 2012 APPLICANT: Toll Wa LP PROJECT MANAGER: Arneta Henninger PROJECT TITLE: East Renton Phase 1 Final Plat PROJECT REVIEWER: Rocale Timmons SITE AREA: 361,632 square feet EXISTING BLDG AREA (gross): N/ A LOCATION: Nile Ave NE & NE 8th Street PROPOSED BLDG AREA (gross) N/ A SUMMARY OF PROPOSAL: This is a 38 lot single family dwelling residential plat. This plat is East Renton Phase I. This plat is installing sanitary sewer, storm, streets and street lighting. The street lighting on Nile Ave NE will be public, but the street lighting on the internal streets will be private. The water is Water District 90. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element a/the Probable Probable More Environment Minor Major In/ormation Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major In/ormation Impacts Impacts Necessary Earth Air Water IT ~ Plants Land 'Shoreline Use Animals Environmental Health Energy/ H;star;c/Cu/tura/ Natural Resources I A;rpar .. ~~~~-~;;: B. . POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas oj probable impact afafeas where addwonalinfOfma,;on2~~ q!/ fS 11"2-. I J Signature of Director or Authorized Representative Date .. Denis Law ... · Mayor .-September 6, 2012 Bruce Knowlton 972D NE l1ci th Place Kirkland, WA98034 Depa·rtment of Community and Economic Development . . C.E."Chip:'Vincent, Administrator· Subject: . Notice of Complete Application.. . East Renton Phase 1 Final Plat, lUA12-073, FP DearMr. Knowlton: . The Planning Division ·of the City of Renton has determined that ttiesubject application is complete according to submittal requirements and, therefore, is a~cepted for review .. . . . . . You will be'notified if ijnyadditional infor';'ation is required to continue processing your application. Please contact "me at (425) 430"7298 if you have any questions. . " ' . Sincer~ly,· .·It·· ..... .. . . ..' • 4··· .. .... ... ... . ... . . tJ-d~/~ .' : .' --'. ' ,~. ~ ~ . ~ -. Arneta Henninger. Project Manager Renton City Hall • 1055 South Grady wai. Renton, Washington 98057 • rentonwa.gov ,. .. 'j >1 i: t .. .' _, ~ ... " . ~ .. -' .. I !. ;1' .\~.-' , ,'I. ". , <;. "~::,. ;: ,""'6 ::' 'v ~ ;j \,\ < ,< ;1;' 'V, ~"", ,~ " , §,6jp;V,li1~!lt,>'.lht'er;hfcE'i} A~rnl~!itra~cll; \' \'" :. '.' , KayrehiKittd,,, Dl!VeloPrljOnl ehgln.~rin$Sqp.rVisot ,: "f,~nnif~'~eh~n~~'C?i~,nE~.I~n~~,~~}~:a~~'e~-:,)" '::i," 'frn~J:i1:IJI1>JfWierl"P~a~,:R~~I~~~~ ~";~' ~:" k 'r ,': ",~ I ,c>. :,,:: ,_ ~, '~~", " ., " L k " ,; '. " i .,' A '-'. ,V '.,,,»\ , . .-!"'," , 'I' " ',' '\ , ,,: ;,,' ':"( i'!.~ ," .. ~ " ,"" .. "'t}" ,ip '. ~ ;1' -'.\', <' I,Y ;-,," -;1 .' . , , " c;' ",' 5S S IN CO ; SURF ROTAT IOI VJSITED ·L __ ~:-::~tDr---~ ~ __ J...BASIS OF BEARINGS) .-........ ~ .. -... ------ I '" 0> Q) "'w .<D " V t N .j- I ~ .. -_ ... -. _, .... , .. "~ ......... ....,' .. " __ v "'JI~-' VI Inc. U!\AJI'I/ MU~I tlt. ND APPROVED :ONSTRUCTRI A ,RE ~SIG~'~TED IME~ THE.BU PRIOR TO THE FINAL BUILDING INSPECTION APPROVAL. FOR THOSE LOTS THAT ,',; CURB PL LOT LINE TR: A/l 2/3 3/4 4/5 5/6 6/7 7/8 8/9 9/10 IO/PHASE II t6/PHASE II 16/17 17/18 18/19 19/20 20/21 21/PHASE II 22/PHASE II 22/23 23/24 . 24/25 25/26 26/TR B 27/38 27/28 28/29 29/30. .30/31 31/32 32/33 33/34 34/35 35/36 36/37 37/38 FOR INDIVIDUAL LOT INFILTRATION SYSTEM, THE SYSTEM SHALL BE ~ONSTRUCTED AT THE ILDING PERMIT AND SH~' ~OI,IPL Y WITH THE PLANS ON FILE, .. - UG TABLE ADDRESSING TABLE DIST. ,0 COR, LOT # HOUSE • ROAD NAME " 6.80 i--1 802 MT BAKER PL NE 6.28 ? 808 fAT BAKER PL NE i-.. -.... : 814 MT BAKER PL NE 6.36 ,) 6.35 4 820 MT BAKERPL NE 6.33 5 826 MT BAKER PL NE 6 832 MT BAKER PL NE 6.35 7 838 MT BAKER PL NE 6.43 8 844 MT BAKER PL NE 6.35 9 850 MT BAKER PL NE 6.45 10· 856 MT BAKER PL NE 6.32 11 5624· NE 8TH PL 6.37 12 5618 NE 8TH PL 6.30 13 5612 NE 8TH PL 6.32 14 5606 NE 8TH PL 6.25 15 5600 NE 8TH PL 16 835 MT· BAKER AVE NE 6.26 17 829 MT BAKER AVE NE 6.25 18 823 MT BAKER AVE NE 6.27 ",1f 817 MT BAKER AVE NE 6.20 20 811 MT BAKER AVE NE 6.29 21 805 MT BAKER AVE NE 6.28 '22 560r NE 8TH ST 6.37 23 5607 NE 8TH ST 6.46 24 5613 NE 8TH ST , 6.52 25 5619 NE 8TH ST 5.70 26 5625 NE 8TH ST 6.27 27 561'* NE 8TH ST 27 . 801 MT BAKER PL NE .6.36 28 807 ·MT BAKER PL HE 6.44 29 813 MT BAKER PL HE 6.47 30 819 MT BAKER PL NE . 6.45 31 825 MT BAKER PL NE 6.35 c 32 831 MT BAKER PL NE 6 .. 36 32 5619 . HE 8TH PL 6.33 33 5611 NE 8TH PL ! 6.36 33 830 MT BAKER AVE H .- 6.43 34 824 MT BAKER AVE N 35 818 MT BAKER AVE N 6.44 36 812 MT BAKER AVE N 6.37 37 806 MT BAKER AVE N 38 800 MT BAKER AVE N 38 5602 NE 8TH ST " , .. -.,; Mead GiHJ.1maum &; Assoc .. ~'-?~ ,"It (;.,! i'.f' , ~ '> . Professional Land Surveyors ~~~.~j~ ~ ~ '" ....... , , ~~-... ---. .. - <:: 0 Z -0 G) " . " ... , ," ~§ru' A. T E § ([) F At IRA. . ~~~) . "1llJj; lit ~~ j,~ ~~ ~4 •. ~~. W~;~llnu~~nu . ~\: :~. . Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to CLAIREMONT AT RENTON HOMEOWNERS ASSOCIATION ~'.' .' ' . . . alan W A Non"Profit Corporation. Charter documents are.effective on the date indicated .'. b,elo,,?,.,., ,', ~ . '" . "'" '~':' .• " '.- ! , " ". .' '. ". ~: '.: .'~ \ ",: .? " ,> • Date: 711112012 UBI Number: 603-221-849 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State. . . ..' \ ' Page 1 of 2 Washington Nonprofit Corporation See attached detailed instructions o Filing Fee $30.00 ~ Filing Fee with Expedited Service $80.00 I UBI Number: 07/11/122219113- 001 $80.00K ~d,23S1107 FILED SECRETARY OF STATE SAM REED JUL Yll, 2012 STATE OF WASHINGTON 603 221 849 ARTICLES OF INCORPORATION Chapter 24.03 RCW ARTICLE 1 NAME OF CORPORATION: See /f'f+o.ched (MA Y NOT contain any of the following designations or abbreviations of: Corporation, Company, Incorporated, Limited, Limited Partnership. Limited Liabilily Company, or Limited Liability Partnership, If one of the prohibited designations is used, It will ba removed when processed,) , , ," " .. ARTICLE 2 , , " .. EFFECTIVE DATE OF INCORPORATION: (Pleasa check one of the following) , "-.' ; , . ,0 ", ,:.,Upon filin\! by the Secr'tltary of State " 'i';'" . , .. -, .. ;, ,. N" • " "0; " Specific Date:, ,,' "(Specified effective date must be within 90days'AFTER the :' " , " , .. . "'Articles of Incorporation-have been filed by the Offlce of.the Secret;Iry of State) , ','" . ",,: ,,,' ARTICLE 3 TENURE: (Please check one of the following and indicate the date if applicable) 0 Perpetual existence 0 Specific term of existence (Number of years or date of termination) ARTICLE 4 PURPOSE FOR WHICH THE NONPROFIT IS ORGANIZED: (ifnecessal}'. 'attach additional infonna/ion) ARTICLE 5 IN THE EVENT OF A VOLUNTARY DISSOLUTION, THE NET ASSETS WILL BE DISTRIBUTED AS FOLLOWS: (if necessary, altach additional inlonnalion) NonProfit Corporation -Incorporation Washington SecretaI)' of State Revised 01109 • ! . •• .'> " ,,>'. -. ' • -c, 0.:' . ' • r . Page 2 of 2 ARTICLE 6 NAME AND ADDRESS OF EACH INITIAL DIRECTOR: (If necessal}', attach additional names and addresses) Name: :'Se.::: At+o.c..hed Address: ________________________________ _ City ______________ ,State ___ Zip Code ____________ _ ARTICLE 7 NAME AND ADDRESS OF THE WASHINGTON STATE REGISTERED AGENT: Name: ____ -==S~e~e===__LA.L.!t~hA~v"'-\re"""'-'-'cl'___ ________ _ Physical Location Address (required): City _________________ WA Zip Code _________ _ Mailing or Postal Address (optional): City _________________ WA Zip Code __________ _ CONSENT TO SERVE AS REGISTERED AGENT: I conse~t to ,~erve as Registered Agent in the State of Washington for the above named corporation, I' .. " " understand it will be my responsibility to accept Service of Process on behalf of the corporation; to forward:mail' to the corporation; and to irnmedia!ely 'riotify the Office of the Secretary of State if I resign or change the J'C: •. :', R~gister,:d ,Office Address:" '. " ' :'. " ',.,' (::',,, "r •••• .. ' ,. '.i),' ,;; , . '\ . "X .' ~" . ", ,. "., -_,' -', \. ,~. \ .~ Signature of Registered Agent , Printed Name ARTICLE 8 NAME, ADDRESS AND SIGNATURE OF EACH INCORPORATOR: . (If necessary, attach additional names, addresses and signatures) Date :" '." Name: D/cc:dAeth rae/char [Y!c.},\c",!:3 Address: 9 ra..O tve-Ia-C}'" ?L, 'S.tAlk 100 City K f r k Io.nJ State W f\-Zip Code -q~'K,,-,O""~=-Y-'--.,.,~=;-r::-;r;-;>'''-;:: Y:POi -fS'd£-Iq h.5 Thfs document is hereby executed under penalties of perjury, and Is, to the best of my knowledge, true and co"eciJ~ X d..A'/Ch,~// a'~I.Jh(T1e)c.k,f fVI~ W,t;t1H~I ...... 1 AJm~~ r-kllJ.. Signature of Incorporator Printed Namerrille Date Phone Important note: If your nonprofit organization 15 currently fundralsing, or plans to fundraise from the public, It may also be required to register with the Charities Program of the Secretary of State. Registration with the Charities Program is separate from, and in addition to, filings required under corporate law. Please visit the Charities Program website at www.sos.wa.gov/charities/ to review the registration requiremEtnts and forms for Charitable Organizations. NonProfit Corporation -Incorporation Washington Secretary of State Revised 01/09 ", ' r· .'" .'~ . '. • ARTICLES OF INCORPORATION OF CLAIREMONT AT RENTON HOMEOWNERS ASSOCIATION The undersigned, acting as incorporator of a corporation under the Washington Nonprofit Corporalion Act (Ch. 24.03 RCW), adopts the following Articles of Incorporation for the corporation . . ARTICLE 1. The name of this corporation is Clairemont at Renton Homeowners Association. ARTICLE 2. Duration The duration of this corporation is perpetual. ARTICLE 3. Purposes The purpose 'for which.this corporation is organized to provide for an owners association for· . , . theClalrejn:9~t"~ Renton: ~,su~diVI~ic;~.in .Klng County, Washington which may engage in all activities . <;.';::': 1"-'" , I , as· are Incidental or conducive to the attainment of the objectives of the corporation and all activities' .;. ".,;.' ;"",., ,I: :'.: '. "'. -which· are permitted to .. be·done by'a .nonprofit corporation under any laws that· may now or' .,-. I..:.', ... : .... '" 'hereafter'be applicable or available to this corporation. The powers of this corporation shall be 0··... '-, . '0;:' ::.1': . "'subject tOla~d' sha!1 be exercised-in·.accordance with the,provislons of the Declaration of Covenants, 0 _. " .' ".' Conditions, Restrictions;and Reservations for the Claire mont at Renton (the "Declaration") as it may from time to time be amended. ,I, ARTICLE 4. Dissolution This corporation may be dissolved with the assent given in writing by vote of not less than two·thirds of each class of Members. Upon dissolution of the corporation, and after paying or making adequate provision for payment of all of the liabilities of the corporation, the assets of the corporation that are held subject to limitations permitting their use only for charitable, educational or similar purpose shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to purposes and uses which most nearly reflect the purposes and uses to which to which the assets were required to be devoted by the Association. All remaining assets shall be distributed equally among the Members. POAGE I ARTICLE 5. Members The corporation shall have two ciasses of Members, as follows: Class A Members. Class A Members shall be all owners, except 'the Declarant as defined in the Declaration. Each Class A Member shall be entitled to one vote for each lot owned. When more than one person owns a lot, all such persons shall be Members, and the vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class B Member. The Class B Member shall be the Declarant which shall be entitled to three votes for each lot owned. The Class B Membership shall cease and be converted to Class A Membership upon the occurrence of the earlier of the following events: (a) when 75% of the total number of the Lots have certificates of occupancy Issued for the Home thereon and have been conveyed to Class "A" Members other than builders; or (b) December 31,2022; or (c) When, in its discretion, the Class B Member so determines. ARTICLE 6. Registered Office and Agent The name of the initial registered agent of the corporation is Toll Bros., Inc. The address of the initial registered office of.the corporation i.9720 N.E.120th Place, # 1oo,'Kirkiand, WA 98034. .' . _. " .1' • !"", • .... " ',~" i ARTICLE! ... \ ':. ,'" ,Directors • • -. ~. ~l. •• ', 'i ,"I :-:,: ~ -. ,'. ~. ,-: . ,,~ , ., d' " " , . i.i ., ; '.,' .: ,The number of directors of this corpora,tlon'shallbe fixed by the Bylaws and may be increased or' . it'" ';,: ,',~: ': .' " " • ,;', :,: ,decreased from time to time in the manner specified"therein: 'The'initial Board of Directors shall consist ",: .... ,.. ,:': ".,.. :', 'of one director. The name; and address of the person who shall serve as director until the first meeting of the Members Is held and his successors are elected and qualify Is: ARTICLE 8. Eric H. Campbell 9720 NE 120" Place, Suite 100 Kirkland, Washington 98034. limitation of Liability A director of the corporation shall not be personally liable to the corporation or its Members for monetary damages for conduct as a director, except for liability of the director for acts or omissions which involve intentional misconduct by the director or a knowing violation of law by the director or for any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, Any repeal or modification of this Article by the director(s) or Members of the corporation shall not adversely affect any right or protection of any individual who is or was a director of the corporation which existed at the time of such repeal or modification. PAGE 2 ARTICLE 9. Indemnification The corporation shall indemnify any individual made a party to a proceeding because that individual is or was a director of the corporation and shall advance or reimburse the reasonable expenses incurred by such Individual in advance of final disposition of the proceeding, without regard to the limitations in RCW 236.08.510 through 23B.08.550 of the Washington Business Corporation Act, or any other limitation which may hereafter be enacted to the extent such limitation may be disregarded if authorized by the Articles of Incorporation, to the full extent and under all circumstances permitted by applicable law. Any Indemnification provided under this Article shall, unlesS limited by the terms of the undertaking to Indemnify, continue as to a person who has ceased to be a director, officer, employee or agent and shall Inure to the benefit of his or her heirs, executors and administrators. Any repeal or modification of this Article by the directors or Members of the corporation shall not adversely affect any right or protection of any individual who is or was a director or offICer of the corporation existing at the time of such repeal or modification. ARTICLE 10. Amendment , -', ~ ;:'I .' " ;. .. " Until tenmlnation Of the Class B Control Per~d ~~ defined In the Dec/aration, these Articles of Incorporation ,may be amended' ,by the 'Deciarant:'L Thereafter, except as otherwise set forth in the Declaration, amendments shall require the approval of sixty-seven percent (67%) of the votes of each' '. r,," c/ass of Members of the corporation.' :,',' .. c· ," .' ,', .. , ",,:,,; ,"": ',~, ",:' ", ' , . ,. ';;,', .. ' ',': ' ... , .:. ARTICLE 11. Incorporator ., " The name of the incorporator is Bruce Knowlton. His address i'9720 NE 120'" Place, Suite 100, Kirkland, WA 98034. Executed on July, 2012 By: Name: PAGEJ '/-,.,. ,...:. "., . I " , ....... CONSENTTO SERVE AS REGISTERED AGENT loll Bros., Inc., a Pennsvlvania corporation hereby consents to serve as Registered Agent in the State of Washington for the Clalremont at Renton Homeowners Association. I understand that as agent for the corporation, it will be my responsibilitv to receive serviCe of process in the name of the corporation; to forward all mail to the corporation; and to immediate IV notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the corporation for which it is agent. Date: JulV 12, 2012 Toll Bros., Inc., a Pennsylvania corporation By: ~ /PtA:> - Name: KelieY ~d Title: Division Vice President , NAME OF REGISTERED AGENT: . ,.T~.I.I .~~o~" !,I~C: ~ ".\ .,.j; c, ' .. "","",\,' • ADDRESS OF REGISTERED AGENT:" ' .• 9720N.E. 120t~·plaee. # 100 , .. ' , ..... -":Kiikla;;d,'\V~ 98034' ,'" .. ' j ', •• , , ~ ;. n" , ,"« or .... ; • .' ~"'".''' ,,'.' ,", "':' "" '. .t': .;,~ ,"', "';' \' ~-,," :,: ,:t:., " '" •• ':'.,., 'j' ~.#.,"<""', ',:;-"~- , ~".,' . .; , -;:',.. ':-. ,-~." •.. ,' ,~' ..... '" Registered Agent Consent " ., Arneta J. Henninger From: Sent: To: Cc: Subject: Rocale Timmons Friday, December 28,20122:04 PM 'Bruce Knowlton' Arneta J. Henninger RE: East Renton Wetland Hydrology and Maintenance/Monitoring Everything looks good. I will formally approve the mitigation plan once you can send me three hard copies of the mitigation plan including the reduce 8 Yz x 11 sheets. You may want to begin working on getting estimates for the work so we can review for the surety needed. Please feel free to let me know if you have any questions. And I hope you have a good new yea rs. Rocale T. From: Bruce Knowlton [mailto:bknowlton@camwest.com] Sent: Tuesday, December 11, 2012 10:06 AM To: Rocale Timmons Cc: Arneta J. Henninger Subject: RE: East Renton Wetland Hydrology and Maintenance/Monitoring Hi Rocale -I've attached the "Revised Wetland Determination" for the East Renton project as well as the "Report Addendum for Wetland Hydrology Assessment" dated November 11, 2011. The Report Addendum addresses wetland hydrology and references the 9-12-02 Revised Wetland Determination and was required by the City prior to approving the East Renton engineering plans. Maintenance af wetland hydrology was an issue in the City's first round of review comments in their 9/15/11 letter. The November 11, 2011 letter was prepared by our wetland biologist to respond to those comments and the engineering plans were subsequently approved. I've also attached the Mitigation Standards/Monitoring Program/Maintenance Program for the Buffer Enhancement Plan in an 8 )1," x 11" format. This is the information that is contained on sheet WL 4 of 4 of the Wetland Buffer Enhancement Plan except that the maintenance and monitoring standards to reference the City of Renton rather than King County and a S-year maintenance/monitoring period rather than the three-year period that the County typicallyi requires. I can also transfer the information shown on Sheet L3 of 4 to 8 Yz" x 11" sheets but that sheet contains the planting specifications and the requirements that the landscape contractor must execute in the field. As a result, I'd rather leave that page intact since that is part of the plan set that the landscape contractor will be working from. Let me know if that's a problem. The wetland buffer mitigation plan went through two rounds of reviews with Nick Gilland the County's wetland biologist. All issues were resolved and Nick asked that the County's mitigation and monitoring requirements be placed on the last sheet of the plans. That was done, and you can see this from the revision block, but I can't find evidence where they stamped the plans as "approved" prior to annexation to the City. Finally, the wetland buffer mitigation plan is located west and north of the Phase 2 portion of the project. We are currently only constructing Phase 1. This phase is located adjacent to Nile Avenue NE (148,h Avenue SE) and does not abut the wetland. I just want to make sure this doesn't hold up our recording of the Phase 1 final plat. Please let me know if you have any questions regarding the attached information. Thanks Rocale. 1 , 1 '141;;J.~t) :3 ======= C '4-U 01 \'1 '~g Oi\liSion Plan n" • lA~[] lUJ5)[E [P)ERM~11 ~\lG':H 1~'1 MA§I1[E~ A[P)[P)l~(cA 11~(Q)N ~~~\QJ PROPERTY OWNER{S) NAME: tol/ tJ~ L-r' ZIP: 6f go 31- TELEPHONE NUMBER: 425 826 -1q55 I <I APPLICANT (if other than owner) NAME: ~ COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: ..BY'U~ /\how 1-f1Jl-\- COMPANY (if applicable): S~ ADDRESS: CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: 42-5 82..5 -L 155 -<-:-xl: 17"2- 6 ~ howl-kne~d. I 2- • PROJECT INFORMATION PROJECT OR DEVELOP;;-; NAME: 13.cvd-R~-In,., ~O.v»'>o~~ PROJECT/ADDR~SS(S)/LO~ION tf(. ZIP CODE: iue-S-f ~ I d...u A.. J k, Au,,?:? 6L~ro.x _ 100: .s-our'1--7 (J In 0+ NI b: a.-v.~ SE i 17 -& ("" \ KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102-305-Q390 /0;2..305 --Cf07-3 EXISTING LAND USE(S): Ut:A-~-f- PROPOS~D LAND USE(S): 5)-;'14::-~a~1 r y· .. ~,6/ ~.If' }'? h a../ .s,::-L 6c//J \ EXISTING COMPREHENSIVE PLAN MAP DESIGNATIOt:Jj Res ,denf1~ -Lou.) ~.P~ PROPOSED COMPREHENSIVE PLAN MAP DESIGNATrr (if applicable) ~ / a....- EXISTING ZONING: ,R.. -4 PROPOSED ZONING (if applicable): 17/ a-. SITE AREA (in square feet): 1.15(...., 178 SF=- 2.(.." '6.£f Ac..-_ . SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: c,8).3US"r SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) '--v, /4- NUMBER OF PROPOSED LOTS (if applicable) PA~ / ---38 loIs. NUMBER OF NEW DWELLING UNITS (if applicable): Pf>c£~ /-'3'5 Jow,vs http://www.c i. renton. \Va. usJuploadedFilcs/B lIsiness/PB PW II) E vs E R V /FO RM S _ P LA NN IN G/m astcrapp .doc - 1 - I \ I P .. JJ ECT IN FORMA Tr=-IO=-:N:.-=-...L (Ic::..::o:..:.n:.::;\':.:..:' I-=-ue=-:d=-tl ) _______ -----, NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: [) SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): -n/PL-IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 o AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): .--y.,/c-L 0 FLOOD HAZARD AREA sq. fl. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n / A.... 0 GEOLOGIC HAZARD sq. fl. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if 0 HABITAT CONSERVATION sq. fl. applicable): ?-1 / &'7L 0 SHORELINE STREAMS & LAKES sq. fl. NUMBER OF EMPLOYEES T0V-"EMPLOYED BY THE NEW PROJECT (if applicable):..-y, VL-X WETLANDS sq. fl. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE ,J.J /:5. QUARTER OF SECTION /0, TOWNSHIP:;z.3 , RANG EO 5, IN THE CITY -- ----OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) eJ2_1 V cAt-1P fSe::L-L-, deciare under penalty of pe~ury under the laws of the State of Washington that I am (please check one) X the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have salisfaclory evidence Ihal E..cy.. }\' c p ~\..........\ \ signed Ihis inslrument and acknowledge it 10 be his/her/their free and vOiUnaryacl for the uses and purpose mentioned in the instrument. ~\ 'I, \ \"">= Dated Notary Public in and for the State of Washington Notary (Print): \...)<;:..0 CA--,,',\.s.s.or:, Date My appointment expires: __ S..u\'=:':>';;""""!...l.\ ..l\!:"tt------------ http://www.ci.renton.wa.us/up loadedF i les/Busi ness/PB PW ID E V S E R V iFO RM S _ P LANN I N G/masterapp. doc - 2 - I Compliance with Conditions of Minor Amendment Approval East Renton and Rosemente Preliminary Plats August 17, 2012 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. The East Renton preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first recorded phase being the easterly portion ofthe site, with full drainage improvements, utility improvements and street improvements necessary for providing full utility and access to the lots in the first phase. The second phase would be the remaining westerly portion of the combined preliminary plat would then include completion of the remaining drainage, utility and street improvements for the project. Response: Acknowledged. The project will be recorded in two phoses. A Phasing Site Plan map (see Attachment A) was previously submitted which includes 38 lots in Phase 1 and 51 lots in Phase 2 and shows the phasing of roads and utilities. The Phose 1 final plat map includes the roads and lots shown on the Phasing Site Plan map submitted with the engineering plans. 2. The plat shall comply with the King County base density (and minimum density) requirements of the King County R-4 zone classification. All lots shall meet the minimum dimensional requirements of the King County R-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Community & Economic Development Department. A minimum of 50% of the future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit of intent and the guidelines. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal ofthe final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession, or a conflict of title. Response: The plat complies with the base density (and minimum denSity) requirements of the King County R-4zone classification. We acknowledge that a minimum of 50% of the future houses within the plat shall substantially conform to the guidelines listed in RMC 4-2-115. 3. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. Response: Acknowledged. 4. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Response: The Renton Fire Department reviewed the adequacy of the fire hydrant, water main, and fire flow standards prior to engineering plan approval. 5. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes as listed in the 1998 KCSWM shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: i. "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the opproved construction drawings # on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection appraval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with the plans on file." d. Storm water facilities shall be designed using the KCRTS level one flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. The size of the proposed drainage tracts may have to increase to accommodate the required detention volumes and water quality facilities. All runoff control facilities shall be located in a separate tract and dedicated to the City of Renton unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. e. The applicant has received approval for two drainage adjustment applications regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions are contained within file numbers L02V0089 and L04V0103. During final review of the engineering plans, all applicable conditions of the adjustment approvals shall be satisfied. f. As stated in the drainage adjustment decision, the offsite drainage pond shall be designed using the Levell flow control standard. Basic water quality standards are also required for design ofthe facility. If a wet pond facility is provided for water quality, the design shall comply with the 3:1 flow length ratio as outlined on page 6-72 in the drainage manual. For evaluation of the onsite storm vault and the offsite detention pond, a soils report shall be prepared by a geotechnical engineer to evaluate the soils and groundwater conditions. g. For any proposed bypass of storm water from the flow control facility, the final drainage designs shall comply with applicable design requirements in the drainage manual as outlined on pages 1-36 and 3-52. h. As required by Special Requirement No. 2 in the drainage manual, the 100-year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. Response: The storm drainage requirements were addressed during engineering plan review and approval. Item 5c: See Note 2 under Conditions, Covenants, and Restrictions on Sheet 2. The note on the final plat does not include the last sentence of the above language because there are no homes on lots that are designed to have individual lot infiltration systems. Item 5h: The lOO-year flood plain boundary for the onsite wetlands will be shown on the Phase 2 final plat map. The Phase 2 area is adjacent to the wetland. 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRs) including the following requirements: a. With the relocation of the entry road onto 148'h Avenue SE, the sight distance is now acceptable without a variance, and can be constructed as shown on approved construction plans for the project. b. 148'h Avenue SE shall be improved along the frontage as an urban collector arterial. In accordance with KCRS 2.02, the curb location shall be designed at 22-feet from the road crown to provide full width travel lanes and a bike lane. c. The proposed loop road within the subdivision (SE 1128'h St.) shall be improved as an urban neighborhood collector street. d. Any private access tracts shall be improved as a private joint use driveway serving a maximum of two lots. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01C, improvements shall include an 18-foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. e. Street trees shall be included in the design of all roads improvements and shall comply with Section 5.03 of the KCRS. f. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, full width pavement overlay is required where widening existing asphalt, unless otherwise approved by King County. g. 148'h Ave SE is classified as an arterial street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine specific requirements. h. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. Response: These storm drainage requirements were addressed during engineering plan review and appraval. Street trees include Autumn Blaze Maples along Nile Avenue and Greenspier Linden and Redspire Flowering Pear along the internal streets in the subdivision. See street tree pion submitted to King County prior to annexation of the property. 7. All franchise utilities within proposed rights-of-way must be built and approved per RMC 4-7- ZOOD and 4-7-Z00E prior to final plat recording. Response: Acknowledged. 8. The plat plan for the original Rosemonte preliminary plat shows a retaining wall associated with 145'h Ave SE which extends into the BSBL for the wetland buffer. During engineering review for East Renton, a revised road alignment and grading plan shall be provided which demonstrates that road construction within the project will comply with applicable sensitive area codes. The revised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat. Alternative, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSBL to achieve code compliance. Response: Buffer averaging was used in this location. A copy of the wetland buffer mitigation plan that was submitted to King County during the King County review of the engineering plans (prior to annexation to the City of Renton) is attached. 9. There shall be no direct vehicular access to or from 148'h Ave SE from those lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. Response: See Note S in the Conditions, Covenants and Restrictions section on Sheet 2 of the final plat. 10. The applicant shall provide a safe walking access to Apollo Elementary School, with urban improvements along the west side of 148'h Ave NE to the existing crosswalk on the north side of SE 117'h St. This improvement includes urban frontage improvements along property frontage of the Plat of East Renton, north of SE 119'h Street, as well as urban improvements along the frontage of Rosemonte and urban improvements north to the existing crosswalk on the north side of SE 117'h St. In the event it is not practical to construct urban improvements on the west side of 148'h Avenue SE extending to the existing crosswalk, a new crosswalk may be established south of Southeast 117'h Street and a safe walkway provided on the east side of 148'h Avenue Southeast from the new crosswalk to the north side of Southeast 117'h Street. This alternative may use a graded surface on the east side of 148'h Avenue SE to ensure that school-age pedestrians are provided an acceptable-width walkway surface behind the curbing. Response: A sidewalk is shawn on the approved engineering plans along the west side of Nile Avenue (148th Avenue Nf) where it abuts the praject. Additionally, a new crosswalk is being constructed on the south side of Sf 117th Street. See Sheet 14A of the approved engineering plans. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be placed on the face of the plat that reads, "all traffic mitigation or impact fees required by Renton Municipal Code have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: Traffic mitigation fees willi be paid prior to the issuance of the building permit for each home. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. Response: This is a holdover condition from the King County approval which typically requires that 50% of the impact fee be paid prior to final plat approval and 50% be paid prior to the issuance of building permits. In accordance with City of Renton codes the project is subject to payment of school district impact fees, but the impact fees will be paid prior to the issuance of building permits for each home within the community. 13. Wetlands -Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. a. The Class 2 wetland shall have a minimum 50-foot buffer of undisturbed vegetation as measured from the wetland edge. b. Sensitive area tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. c. Buffer width averaging may be allowed by King County if it will provide additional protection to the wetland/stream or enhance their functions, as long as the total area contained in the buffer on the development proposal site does not decrease. In no area shall the buffer be less than Sixty-five percent (65%) of the required minimum distance. To ensure such functions are enhanced, a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during engineering review. d. A is-foot BSBL shall be established from the edge of buffer and/or the sensitive area tract(s) and shown on all affected lots. e. To ensure long term protection of the Sensitive Areas, a split-railed fence of no more than four feet (4') in height shall be installed along the Sensitive Area Tract boundaries in the area of proposed lots. Sensitive Area signs shall be attached to the fence at no less than 100-foot intervals. f. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.2, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to the City of Renton Development Services division satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance, and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive area tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. h. During engineering plan review, the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post-construction i. Detention out-fall structures may be permitted within the wetland/stream buffers; however, structures shall be located in the outer edge of the buffer, if possible. All buffer impacts shall be mitigated. Response: A wetland is located adjacent to the area that will ultimately be platted as Phase 2. A copy of the plan is attached. (Wetlands are not located adjacent ta the Phase 1 final plat.) Item 5q: Sensitive areas were fenced prior to commencing constructian activities on the site. Item 5h: Wetland hydrology was addressed during review and approval of the engineering plans. Item 5i: The detention pond outfall is located outside of the wetland buffer. 14. Development authorized by this approval may require other state and/or federal permits or approvals. It is the applicant's responsibility to correspond with these agencies prior to' beginning work on the site. Response: Acknowledged. 15. During the review of the construction plans for the preliminary plat, the City of Renton Planning Division will be consulted to verify compliance of the critical area conditions associated with this plat. Response: Acknowledged. The construction plans have been approved. 16. The applicant shall delineate all on-site geological hazards on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-050J. The delineation of such areas shall be reviewed and approved by Development Services staff. The requirements found in RMC 4-3- 050J and the 1998 KCSWM shall be met, including season restrictions on clearing and grading activities. Response: Geological hazards were addressed during engineering pion review of the project. There are na geological hazards within the Phase 1 area of the final plat. 17. Geotechnical-The geotechnical work for this project shall be accomplished in accordance with recommendations presented in the geotechnical engineering report dated April 23, 2003, by Associated Earth Sciences, Inc. This condition only applies to the northern portion of the project, specifically proposed Lots 11-27, Lots 83 -91 and Tract I. a. Structural fill placement shall be continuously monitored and approved in writing by the project geotechnical engineer or engineering geologist. b. After excavation and prior to structural fill or foundation placement, all bearing soils shall be inspected and approved in writing by an experienced geotechnical engineer or engineering geologist. c. Structural fill placed for improved areas such as pavements or floor slabs shall be compacted to at least 95 percent of the maximum dry density by ASTM test designation D-1557 (Modified Proctor) or as recommended by the project geotechnical engineer or engineering geologist. d. All pile foundation installations shall be continuously monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approved plan and the geotechnical report. Compliance and approval of the pile foundation installation shall be documented in a report to the City of Renton site or building inspector. e. The location and height of any proposed rockeries or retaining walls shall be shown on the engineering plans. f. Any created fill slope that is 40 percent or steeper and 10 feet or greater in vertical height shall be subject to a 50-foot wide buffer plus a 15-foot wide setback area from its top, toe, and sides. This buffer may be reduced to 10 feet with a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist. g. The applicant shall delineate all on-site high erosion hazards as defined by RMC 4-3- 0540.J.1.c on the final engineering plans. The requirements are found in RMC 4-3-050J, including seasonal restrictions on clearing and grading activities. Response: Unsuitable material was fa'und in the northern portion of the property. This material was removed during constructian af the subdivisian plat and replaced with structural material. This wark has been done under the supervision of and in accordance with the recommendations of the geotechnical engineer 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer canveys to the public a beneficial interest in the land within the tract/critical area ond buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosian, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon all present and future awners and occupiers of the land subject to the tract/critical area and buffer the abligatian, enfarceable on behalf of the public by the City of Renton, ta leave undisturbed all trees and other vegetation within the tract/critical area and buffer. The vegetation with the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by law. The Common boundary between the tract/critical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction, or other development activity on a lot subject to the critical area tract/critical area sand buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundotions are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. Response: The wetland is within the Phase 2 area and the wetland, critical area tract and note will be shown on the Phase 2 final plat. 19. The plat design shall be revised to provide the minimum suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A.14.90 (i.e., minimum area, as well as sport courts), children's play equipment, picnic table(s), benches, etc.), as shown on hearing exh. No. 26. In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. Ifthe applicant opts to provide suitable recreation space on- site, then the following conditions must be met. a. A detailed recreation space plan (i.e., location area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DOES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. c. Modify the plat, as needed, to comply with KCC 21A.14.80.F, as shown in hearing exh. No. 26 for the plat of East Renton (DOES file No. L02POOOS). Response: This condition gives Com West -Toll the option of paying the City's pork mitigation fee or praviding recreation space consistent with the requirements of the King County Code. The pork pions were previously opproved by King County. However, the modification of the loeationof the entrance road into the plot and elimination of one detention voult thot had recreation space on top of the vault has required us to move the park locations. The landseape architect is designing new park plans which are expected to be completed the week of August 20. These plans will be forwarded to the City as soon as they are complete. 20. Tract E shall be designed for recreational area, with an approved trail (across wetland buffers) extending from the recreational Tract G and functioning as an extension of recreation from Tract G. Plans for the tract -designation and design, shall comply with codes and shall be to the satisfaction of City of Renton Development Services Division prior to construction commencing within the Phase 2 area. Response: A soft surface trail through Tract E is shown on the Wetland Buffer Mitigation Plan. Note that Tract G was eliminated as part of the Minor Modificotion to the Approved Preliminary Plat. The wetland mitigation area is adjacent to what will be platted as Phase 2 of the plat. Plan approval must be obtained prior to commencing construction within the Phase 2 area. 21. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tract, open space and/or sensitive area tracts. Response: Acknowledged. A copy of the CCRs for the Homeowner's Association are attached. 22. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): Response: Acknowledged. See attached street tree plan. 23. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: Acknowledged. See attached street tree plan. 24. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. Response: The road section is designed to King County standards. As such, the sidewalk is adjacent to the back of curb ond the right-of-way line is within a foat of the back of the sidewalk. The street trees are planted behind the sidewalk on the lots, similar to what was done on the Martin (Shamrock Glen) plat. 25. The recreation area will serve both phases of the proposed plat. Response: Acknowledged. 26. Wetland buffer averaging or additional buffer are required to compensate for reduction of wetland buffers adjacent to 145'h Avenue SE, as proposed in the vicinity of the north property line, and to compensate for construction of the recreation tract trail through wetland buffer between Tracts E and G. Response: This was accounted for in the wetland mitigation plan. • Denis Law Mayor April 24, 2012 Department of Community a'nd Economic Dev~lopment CE."Chip"Vincent, Interim Administrator City Of R . . . Pfannir, ento n '. 9 D,v'Sion . Bruce Knowlton AUG:21 1012 Camwest Development, LLC 9720 NE 120th Place, Suite 100 Kirkland, WA 9S034. fRl~CC~nn;" . . uw~/t)) RE: Minor AmendnientApproval-East Renton and Rosemonte Preliminary Plats Nile Avenue NE and NE sth Street. •. . King County F.ile. Numbers l02POOOOS and l03P001S . Dear Mr. Knowlton: Wehave r~viewed the approved East Renton 'andRosemonte preliminary plats .. The two . preliminary plats, for a combined 91 residential lots, are located on the west side of Nile Avenue NE in the v,icinity ofNE Sth Street and NE 9th Street.· We have reviewed the list of project . conditions established by the King County Hearing Examine~ prior to annexation of the' properties to Renton; and are approving revisions to the phrasing of the plat c'onditions to clarify Renton requirements for approval of the final plat: These requests and revisions are appro)led as part of a minor amendnient to the preliminary plat, asallowed by' Renton Municipal Code' (RMC) 4-7-0S0M.The approved amended preliminary plat conditions are listed below. The approved revisions include Clarification of required impact fees and a condition for compliance with' Renton's Residential Design Standards. . These two adjacent preliminary preliminary plats were approved separately. They were both requested by the same applicant arid the public hearings were heard before the King County . Hearing Examiner the same day .. The plat conditions are nearly identical, with a recognition that· the two,proj~cts would be builtasa phased project, with the southerly (East Renton) project' going first, and the north (Rosemont) being built and recorded second. The applicant has· requested merging the two plats, and altering the phasing to the easterly porticnof the site being bl!ilt and recorded first, and the second phase being·the remaining westerly portion, We believe this is a logicarapproach; providing a better build out plan f6r· utilities, streets, and drainage for tile project This minor amendment for the original two approved preliminary plats '. grants approval to the applicant's request to merge the two projects into a single preliminary plat, with two phases for recording of t'he final plat. 'The combined piat conditions retain the same intent astheconditions,on each of the initial preliminary plats, and the final recording date remains unchanged, since both preliminary plats have the same approval date·by the County. Renton City Hall • '055 South Grady Way • Renton, Washington 98057 • rentonwa,gov ":.' . ' .. ., .,.' -, ... : . Mr.:~ruce·K.~owlton 'Page 2 Qf 10 Ap(il24,2012 .:' . Amended 'Conditio~sof Appr6valfor thii " East Rentiiri arid RosemoritePrelinihiary Plats, ,The proposed subdivision of East Renton Plat,asacceptEdby King,Countyfor coniplete' ., application on'M~rch17,i006,andgr~~i~d prelirninarYplat approval by the KingCci(jntyo~ AprilS; 2007; andih~ proposed subdivision of Rosemonte Plat, as aiceptep,by'i<ingC()unty for " ;completeapplication on March 31, ?006, and gr~nted prelimi~ary'platapprovalby th~King " " County on April 5, 2007,are granteqapproval of minor'amendmentstothe preliniinaryplats, .' 'subiectto the,following conditionsoffirial piatapprovals: . , .. ' . '. ..' . , .' .' '., '." . 1 .. Cbmpliahce with all platting provisions ciftheRenton Municipal C6de(RMC) 4'8"iio:The . East Renton prelimina!vplat and Rosemonie ~Iat'may be combined as a singleplai, with· .... ". recording in tWbs~paraie phases. The project can be jJhasedwiUithe fi'rstre'cordedphase , b~{ng the easterly portion of the site,with full d;ai'nage improVements, utility improvements, . andstreetimprovemerits necessar{for providing full utilityand access 10 the'lots in the first . • phase. The second pha~ewciu!d bethe,rE!'maininglNesterlyportibnofthe comIJi6ed preliminary piat,which would then include compl~tionofthe reniaipingdrainage; utilitY,and ~treet , • ' . iniprov'ementsforthe projecr .' . . '. '. . . ..•. . . , ', .. 2. The pia{shallconip!ywitn th~ base density aridminin,um density requirements 6ftlie King CountyR~4zonecla~sification,I\I;:lots' shall. me~t the minimum dimensional requirements of the .... · KingCbunty:R'4 zone classification orslialioeshown on the face of the approved preliminary' .' ""plat, ';"hicheve~ is larger;: ~xceptthatrTiinorrevisionsto the plat which donot resultin' , substantiill changes may be'appr6ved atthediscretionofthe City Of Renton Comr1)~nity & .. Economic Development Depariment. ......"..,.. . . .' . .... '.' . A minimum oi56%ofthej~ture. houses within the plat shallslibstantiallyconji:Jrm to the · guidelines listed in Renton /lAunj~ipdr'code(RMi::)4-i:1i5Residelitial iJe~ignand Open'space ' .,' .. ,Requirements. Tilecityshallreviewancidpprovemocfijicdti()hs jro;" strict ddhere"ceiothe, . . prescribed stando~dspri:JviiJedthe appliciJntcfemonstrates desig-nalternotes meetihg the spirit and interit'oftheguideiines/ .. .... . .. , . ". '.' .... ". .' . . .. ' : .' . Any plat boii~dary discrepancy.shall be resolved to the satisfactio~ofthe City of Renton Community&:EconomicDevelopment Depart~ent prior to the submittal ~fthefirial plat' .. documents. Asusedin this condition;."discrepancy" is a,!:iQunda'ryhiatus,an overlapping .', '.' · boundary br 11 physical app~rtenai1ce ';"hichindicates an encroachment, lineS of poss'ession,.o2 a . confliCt' of title, ' .' . ." .' '. . . . 3 .. All construction and upgradingof publi~and private roads shall be dqne in accordance with '. the King County RoadStanaards,established imdadopied .bVOrd.inarice No'. 11187; as amended . '.' {1993 KCRSj, cir a~ other,;.,ise modified by allre~ment betw~eri the City of Renton Development .. Services Division and the applicant per.RrviC4:9~i50D. '. ,~. . . . , .... · 4. The ~~pliCantrilUst obtain the approval ofthe'Renton FinO! Departnient:forthe adequacy of the fire.hydrimt, watermain;ai1d firdld"; standards ofRMC 4-5-070 .. ' . . . . ". . . .... .I' '. .~ .. . . ~ ... '.-', ., ....... .. . . .... .' ; . ~ . ,.' . '.',' ,. '. Mr; Bruce Knowlton'· Page 3 of.10 .~pri·I·24, iO~'2', '. ,', 5. Final plat approval shall require full compliance with thedrainageprovisi~nsset farthinKinii ..... .• County Code 9~04.compliancem~y result in reducingtlie number and/o~ lotation of lots as.' shawranthe preliminaryapprav~d piaL Preliminary review has id~;itifh!dthe follo;';ing .. • ' co~ditians of approval, which repres~nt p(jrtio~s ofthe drainage requirements. All other" , •. " applicable requirements inKC~ 9:04and'theSurface Water DesignMa~ual(SWDM)mu~t also . '. besatisfiedduririg engineering and final review. . ." '. . . . . .' .. ' . . .... .',' a'. Drainage plans and an~lysis shallcomplywith the.19g8 KingCountI'SurfaceWater·· ., Design·M<i~ual. City afRento~ Development SeivicesDivision approval of the . drainage andro~dwaypla~si$reqUiredpriortci ;ihy constr.uction ... ' ..•.• ' .. ' '. .... . ' ..... b·.Standardplan.ri9tesa~·listedin the 1998 KCSWMshall be shown on the engineering plans .. ;", ........... '> < . '>: • • •... '.' ." . . .. .. .. . 'ci .ThefoUowing note shall be shown ahthe final recorded plat: . ',:" ',' "All building downSFJDuts,footingdrains, one! drainsfrom all impervious suijaces .. such as patios anddrive;Yaysshal/ be 'i:o;Jn~ctedNthe permonentstonn drain. . ou\let assh'bwn on theapproved consiruttiondrawings #. . . . oQ'jile with the': . City of Renton, . Thidplail shatibe.subiriiited with the appliCation of any building permit..· AI/connectiodsof th~drajns ';'~stbeconstructed and appr6vedpriorto the·· .. ' .. fino/. bUilding;nsp~ctian approval. For thoselotsthatar~ design~tediorlhdi~idtiql .... ' .. '. '. ,. '. 'Iot iniiltration .system~, the systems shaff PEl constrUcted at the time ofJhe building , ,. permit and shalf c6mply w!th the plans 'oiijae." ... ' ... ,.. . . . ... ' '. ". ". ". . .' d.Storm Vo!ateffaciliti~sshall be d~signed .. tJsing~heKCins levetone flow control '. standard. Water quality facilitiesstiallalso be provided using the basic Water quality. 'protection'menu: The. size of the propos~d drainagetra~tS may have to increase to .... a<:cammadateth~ requireddeterition v61umes and w;iterquality facilities.' All' . runoff ~o~trolfadlities shall be tocatedina separate tract and dedicated tothe City . . ofRentbnuniess 'portions of thedrairiagetracta~e usedfot-recreation space in .... . · accordance with KCC 21A. 14: iso ..... ,. ' .... , ,... '. . '.' .... " . e. '. Theapplicailt has ieceived approval fOr two drainage adju~tment applications' . regardi~g designs 'far the discharge ofstarmw'ater and a shared facility' detention ' '. porid: Theadjusfment deciSions ;w!coritainedwithin fileilUrriber$ L02V0089 and · L04VD103.' Duringfinal reyjew of the engineering plans, all appHcableconditiOl;s of the adjustmentappr,0vals shall be saiisfied,' . . .•. ," .,.... f. As stated in the drainage adjustment decisian,ltie offsite drainage pond s~all be, designeclusingtheLeveF1flowcantr6ls1andard: Ba~ic water,quality.standards are, · also requir~dfo;desigri Dfthe.facility.lf awe! pond facility .is pr6~idedf6r water .•.. .' quality, the design shall complywith the 3:1 flow length ratio as outlined .an page 6-. '.: :72.intheclra'iriage manual. For evaluation of thea~site storm vault and the 6ffsite ' .. detention po~dia soils're'po'rt sha Ii be prepared,by a.geatechnicalerigineer·ta ' . . '. eviliu'ale the soils and groundwater conditions .. ', .' . .' '" ,..... g.' Fa'r~ny propcised bypass of stormwateifroin the flow control facility, th~final . drainage designsshall~omply.with applicable design. requirements in .thectrainage manual as outlined on page-s1'36 and.3"52. . " . . . " ;,-:", .. :..' '.,'., '". ";.,> '. :-"1' ;.' . --.:- . i '.: I '. i J' . .'j . "', -': . . ',. ,", ' .. · Mr. BrtJce Knowlton .Page 4 of.10 . April24,2012 ... ' .' . " .. :. , ;", h,.·· ~s (equired bySpedal Requirement No. 2 in thedrain~gema~ual,the 1Q()-year flopdplairibOundafiesfoftheonsite wetlands shall be shown on thefinill: . engineeringpl<ins and r~cordMplat: . . . . .. . .".,.... . .. ,.'., ;" '. "6.' Th~ proposed subdivision shall co,)iplywith the 1993 King Cci~nty Road Sta~dard~ (KCRS).· · including die following requirements:. . .. .... ........ . '. . . ',. ," . .' a.Withtnerelocation oftheentryroadohtb.148'h Avenue SE, thedight distance is . '. now acceptable wiihouta.va~iah~7,.andcan beconstru~ted.a5 show.ri on~ppriJ"ed :construetiOn plansfor.the pr9ject. .. '. . '.' ....: .' . ......; .'. ; .' .' b. "148'h AvenueSE shall be impni~~d al"ng the frontage as an Grbancollectorarterial: '" ' . 'In ~ccord~nce with.KCRS 2:02,the curb lcication shallbedesigned at 22'feet fro';; .. ' : th~roadcrown to;;iovidef~lIwidth tr~vellanes a~d ~bike lane: .:' ...•.. ". . . '.' c ... Th~proposed loop road within thesubdivisio'n (SE 11ilth st.)shalJ be improvedas ari . : . urban neig~borhoodi;bllectorstreet: . .. . .. d .. Any private acce'ss tracts 'shall be improited as a private jointuse drivewayservinga' rna.ximuniof tWolots .. The se,.vinglbts sh'all have undiyided ownership of the tract · and be responsibie 'for'its mainteriance,As specified in KCRS:i.oic; improvements' shall includ~ ani8-f(jotpa~ecisurface and ~ ";ini";uin tractwidihof 20feet: '. . . Drainaiie"cOritrol shalHncludea.curb 6Uhi~k~iiededge:onone side.·· ..• '. .' e: . Sireettrees s~all beincl~dedinth~ .design Of all"ro~dimprovemerits and shall" 'comply witt{Section S>03oftheKCRS:' '. .' .. f .. ' . Street illumination shall b'e provided along the plat frontage :and at intersections w.ith·arterials "in accordance ';'ithKCRSS'.QS.'·· '. . ..' . g. T.~e proposedrciadimpi~vements shalraddres~the requiremEmts for road:surfacing 'outlin~dinKCRS Chapter4: As noted insection 4.01Fifull :-vid,th.pavem.ento~erlay. is required wher'ewidening existingasphalt,unlessotherwise,apjJrbved by King COI.l~ty.,. . .... ... ... ' .'. ". '. ..' . .'. '., '. h ... 148'h Ave SE is classified·as an arterial street.whichmay require designs for bus,· .' ·zom!sand turnouts. As specified in KCRS 2.16; the d'esignershallccint~~tMetr6 arid · the local school district.to determine sp~cific.requirements.· '. .' '.':' ..... . . i. Streetmodific~ti~ns';'~y.be approve'd by CityilfRentonDevelopmentSei'vites ' · Division accordihgto the modificati6n procedure's of Ren~on Munitipalcbde 4'9-. 2S00 .. . . '.:' 7. All f(anchise utilities withinpioposed rights-of_'~a'y must biibuilt and~ppro~ed per RMC 4~7: ...' 200D a~d 4-7-200Epriortofinal plat' re~ordirig. . . ... . . .' . ", . . 8.Th~ plat planfo;'!he original Rosemontepreli~inaiy plat shows a retaining ~all associated with14Sth Ave SE whichextelids into.the BSBL for the wetland buffer. Ouringengirieering" reView for EastRent~n, a 'revised road aiignmentimdgradingplan.shall be pi6videdwhich . ' .• d~nionsttates that road con~tructi~n within the project iNiU comply withapplicablesensitive ,.' : area c~des. Therevised road design'and grading plan may'result in modification or loss of lots · . asshciwn' onthe preliminary plat:· Alternatively, the applicant may.seek.approval to use buffer aver~ging asameans to revise the location of the. buffer arid BSLB to achieve code compliance .. ,., . . . -' .. , .". ~. -, . . . .' -. . "' .-",-' . . ' . . ," -.'. ". ":.;<. "' .. ' ., . ,-., . ." .. '; .- " " . '-,' ,": " .. .. ' .. . < ": Mr. Bruce Knowlton Page 5 of 10 '. , April 24; 2012 ; '. . " .. : '.' .. ;. · . '.9, Thereshall be nodirect vehicular access too; from 14Sth Ave SEJronlthoselotswhich abut' it, A mite to this effects hall a'ppear on ,the engineering pla~s and the final plat,. '., " . .."' . -, . ., ... ' .' .': . .:. .' .. ..... . ". ; .. ," " . ,'. '. . li). The applicant shall provide a safe "'alking acc~~stoAPOII~ ElementarY SchOol,witnurban. , ..... ,iniprove';'ents al6Qg the westside oh48thAV~ NEto the~i<istingcrosswalk ont~e north side of .' · 'SE'l17'h St, This'irnprovementincludesurb,m frontage improvements along propertyfrcin'tage .'. '" '., .. ofthePlatof East RentO,n,northdsE.'ilgth Street, as ,well as urOan improvements along the' .... frontagecifRosemcirite and. urban improvements .north to the~xistirig cri)ssw~lk on the north ..... . . . sid~o·f SE iIi' st.' In the event it is not piaCticaito co~str~(;tu;banimprovementson the west· .. sioe' of 14S th Avenue S~uth~astextendingto the existi6g crossWalk; anew i:rc?~swalkmay be ... ' " '~stablislied;iiutli 0(S.olJtheast1i7th Streetand a safe'walkway provid~don theeastside,of • 148th Avenue Southeastfromthe new crosswalk to the nortli side of S6utheast·i.i7~Street:, This alternative may use a gradedsurface ontli~ eas\side()f148th AveSE t.o ~nsure that school,' " age pedestrians are provided an aci:eptal:ile"~idth walkway surface b~hind the curbing, . . . .. . . .... ." .... " n,The applicant or subsequent owner shallcomply With the applicable CitY·of Rentoritraffic' mitigation fee schedule or applicable impact fee schedule in place atlimeoffee payment,' The .• ·· · • applica~thasthe option 'toeither: (1) p~ythetraffic mitigationorimpactJe~at the final pl~t ..... ' ..••. recording, or (i) pay the niitigatidn or impactfee at thetinie of bUildingperrnit issuance, If the · '.' firstoptionis ch~sei1, thefe~ p'aid shall be the fee iii effect at the'tim~of final plat application' ... : .' arid .anoteshall bepl~ce on the:facE!of the platthat ;eads,"AII tr~ffii: l11itigati6n or inipact fees' 'r~quir~d by Renton Municipal Code have been paid," If thes.~cofldoPti6~is chos~n;th~ fee '., " .. paid shall be the amount in effe~t asofthedate of.buildirig p~rmitapplication .. '. .' 12. Lots within thissubdi~ision ~re subjectt.o.R~ritonMuriicipaICode4+1!50;which imposes ' .. impact fees to fund sch~olsysteniimprove'ments needed toservenewd~velopmentAs a' .. . 'coriditionoffinal approval, fifty percent (50%)6f.theinipactJe~s~ueforthepladhall be '.' '~ssessedandcollec~edimniediately prior to there.cording; using the fee schedules in effect when theplatfeceives fin~1 approval. The.balanceofthe.assessed fee shall be ailocated evenly ,to.tl"e dw~lIingunitsin the plat and$h~1I be,collected prior. tothe building pe~mitlssua~ce,.: ' , '. 13,. Wetlands· Prelimiriaryplat rev,iew has identified the fo.llowingsp"cificrequirel)1entswhich .' apply to tnis project: All otherapplicable/eq'uiremeilts from Rentonry1uniCipaICode4-Hl.O shall als.o be addressed by the' applicant,' . . .... .. . ...... .. 'a, The CI~ss:iwetland shall havea minimum5D'foot bufferoiLi~disturbed vegetation· . as measuiedfrom tM'wetlandedge,' . .' .'. ". .' .. Ii, . sensitive are~tr~tt(si ~hallbe usedto'deli~eate ~nd p;ote~t sensitiveafeasand' . bUffers in developmelifproposals forsubdivisions arid shall be recorded on all , d~cumentsoftitli;6f 'rec6rdf6rall affected lots, . . . . ' . . ·c: Buffer width averaging may be allowed by KirigCounty if it will proVide additional protection'to thewetland/streal116~enharice theirtunctions, as long as th~total .' . area cdritained in the buffer onthe development proposal site does notdec;ease: . ··' .. In rio area shall the buffer be less than iii(ty-five.p~rcent(65%)bfthe req~ired . . . :-., ,.';'. .,,,: .. \", ; , . ':.' ... ". -'. .', '. ", ' . ' ~ . , \.: . M·r:· Bru~e Knowh·o~ .:. Page 6000 APril 24, 20i2 .. .... , · m.inimumdistance. To ehsuresuchiu~~tion~areenhanced,a mitf~atfon plan will be • niquireifforthenimairiing on-site sensiiive areas; An enha'ncemen\ plan shaH be' . '; submitt~d.forrevie';\iduringengineering-r~view:·. . ..... ' .... . ..... .... ' .• , . '. , .. . d .. A lS,fo~i:BSBLshail beest.blished from the edge of bufferand/orthesens'itive area~,tra~t(s)'andsh';wn onailaUected icits; , .. ' .......... •..•. ...... ' .. " .' .. e:Jo ensure Icing term protection of the Sensitive Areas; a spliHailed fencecifQo ':morethanfour'feet (4') in heightshail be installed along the. Sensitive An~a:Tract boundaries in the.areaof propo~ed lots.' Sensitive Areasig~sstiall be attached'to . the fence at noll';ss than 100-foot·irit~";'als. . . ....., . . ." ... •. . .. . .. . '. : ... ... .... .~.'. ' .•. . .. . ..:. .. \ .f, ·If alterations of stre~rris arid/or viletiandsare,approved in conformance with K.C.C: 21A,2{thena detailed planiomitigate forimpadsfromthatalteratibnwiil be .. ' · re~uiredt~be rev{ewed and approved along with the platengineeringplans~A'" . ': performahce bond orother financialgwirantee willbe,req'uiredai the .time of plan approval to guarantee that the ~itigation'measures:areinstallecj acc6rdirigt9 the .' .. .... ,plan. Once the n1itigation iNork is:completed to thei;ity ot'Rent~nDe~elopment Services Divisio:n satisfaction/the performance bond may b{replaced by a . "., .. . ' maintenance lJond.fodh~ren'ainder ofthefive-yearmOniiodngperiod to'. : ..... : .. guaranteethesuccessof the mitigation.TIi~applicani shall be. responsible for the . · ;,nstallation,.rriaint~riance~and.·monitoring of any approved mitigation: Th~ . • mitigafionplari·mustbe.installedprior tofiQalirispectionbfth.e plat: .. g. Priortoi;omrriencing construction .activities on th~ ~ite,theapplicant shall·.... . •. · temporarily mark serisitiveaieastraCt(s) iila highlyvisitilema~ner, and these areas :, ' .' must remain SO marked until all development ~roposalactivities inthevicinity of· .' \heserisitive~reas are compl~ted:, .' .. ,' ............ :':., ........ , ... . 'h .. During engirieeringpian review,theapp{icantshall provide a wetland hydrology . '. analysis to deinbnstrate ho")'the wetl~i1dhydiologywiU be n1aint~inedpost> . construCtion: . i,.. petentionClut-fali str~c(ure~rriay be permitiedwii~in the wetlandjstreambuffers; . 'h~weve;, str~ct~res shall be located inthe outer edg~ofth~ buffer, if possib,le,AII · buffer impacts shall be mitigat~d.· . . '.. . . .. . ,. . · 14 .. DeVelopment authciiized bythis~ppr<ival may reqLiire other state. arid/or. federal permits or· .' · approvali.' It i~ the applicarit's responsibility to correspond with these agen'ciesprior to:' · beginningwork on the site: . . . . '.' '.' .... ..... "', '.. . .15: During the review of the construction plans for the. preliminary.plat,theCity of,Renton. Planning DivisionW.ill be.consuited ioverifY compliance ofth'e c;iticill ~rea coriditions associated . .... . :.' with this plat, ' . '. . . . . . . · 16. The applicant shall. delineate all on;site geologicalhazards.ori the final engineering plans as defined by Renion Municipal Code (RMi:) 4-3-0S0J.The. delin~ationofsuch areas sha.llbe .. reviewed~ndappro~edbYDeveIOPineritServices staff. The requirements foundinHMC4+ . · OSOJand the 1998 KCSWMsh~lIbe met, 'inCluding seasonal restriCtions oni:learings arid grading .. " act;'vities. . . . '. '. ..,; '. . .: .... ,. ··r ... ' <" . .: .. .; ... , .w...·. Mr, 'Bru'ce K~owlton . ··,page '7otio .. . . . ,A~ril 24, 2.01i .'. ,:. . ,'17, Geotechnical c'Thege~technicaiworl<for this project shal.lbe a~complis;'~din accordance '. ~itti recommendatiohspresented ;n,thegeotechnicalengineedngrepo'rtdated April 23, 2003,' <byilssqciated Earth'Sciences,lnc, Thiscoriditiohonlyapplies tothe northern portion of the . '. project,speCifically proposed lots 11': 27, {ots83 -:91 and Tract!. . . . ,., .. . . '~" .structural fill placement shall. be continuously mdnitoredandapproved iniNriting by' the project geotechnical ergineer orenginee~ing geologist",', . . ... ,. .., .. '.' .. :b: Aft~r excavation and prior tostructurai fill or foundatidn plaCement,all bearing soils .. ..... shallbe inspec\ed andapproved inw~itingbyan expeii~nced geot~ctmical erigineer. .. orengineeringgeologist~., ' .. ' . . .' .. . c .. Structural fill placed for improved areassuchas pavements or flooislabs shall be . cornpactedto atleast 95 percent ofthe in~ximum dryd~nsityby ASTMt~st' . · desighaticinD-lS57 .(Modlfied Proctor) or a~recorilinencied'by th~ project' geotechnical engineer or engirieering geologist,' .. ' '.' ..... ,' ... '.' , .' d. All pile foundationinst~lI~tions shall becontiriuously monitored by'a iegistered , ··geotechni~al engin~'er or a licensed engineering geologist forcompliancewithan ';' '_ " ",:, " , . "," .', .. ' '. .... _.' " l· .. ' .' " .. . . , ..approve plan and the geotechnical. report. Compliance and approval of the pile '.' . ' .. . ' .fbundation installationshalloe documented in a repOrt to the City.df Rentol1 site or · building inspector. .., . . .' . .' . '.... .. . . .' .• . '... •. . . ...' . e .. The IpcatIonandhejght of any proposed rocke'ries or retaining walls shallbe"shown · on the engineering plans.' '. •. :.,;:. ":". ............ ' . . 1 •• ·· Any cniatep fill.slopinhatis 40percent or steeper and lOfeei or greateri'n vertical .. heigtitstiall be subject toa 50:foOI wide buffer plusa lS:footwide setback area"· . · fromitstop,toE!,ilndsides; This buffer may beredvcedtolO feetwitha... ... satisfactory ev~luatlonby ah!~istered ge~iethriical engineer or lic~nsed' 'engineeririg geologist: .. ". ..'. .' • g .. ttieapplicant shall. d~iirieateall on-site highero~ionh~za;dsas definedbyRMC 4c3- ·050J.1,c (In thefinai engineering plans: Therequirementsar~foundin RrylC4'3, 050J, including seasonal restrictions on clearin'gandg"iding activities.' . ... " .' ... 18.' 'The following note shall be sliownon the finaiengineeringplan arid recorded plat: RESTRicTIONS FOR CRITICAL AREATRACTS AND CRITICAL" .. . . AREAS AND BUF;'FERS' . , '.. . :'! \' -' .' .. ' ... ,. Dedication of a critical areattact/criticdl area and buifer canveyt to the public a '. heneficial interestinthe{andwithin thetract/chiica(areo and buifer, This interest includes thi! preservation ~f native vegetation/or. allpurposesthat benefit the public. ':. health,safety'orid welfare; inciudingcontro{ofsuqace water aM.erosion, rnaintenance . of slope stability,bndproteetion of pla~ta~d anima{habitot. Theedtica/area' ' . . ': tract/critical ~rea&nd buffer imposes upon all present dnd future owners and occupiers .'. ·of the land subject to the tract/criticai areaandbuffertheobligatfon, e~Nrce.dbleon '. behalf.o/the public by the City ofRenton;tiJ leave undisturbed ali,trees ,and other . ve'getationwithinthe trac,t/criticaibred arid buffer: The vegetation within th~ .' · tract/eritica; or!?oand butter may nat be cu,t, primed, covered. bjiIilI, removed. or . · darnaged without appro~aj i;fwritingjromthe City of Renton Community & Eeo/lOmic Development Department or its successor agency, unless othiirWise provir;ledby hlW. '. . ' ... : ---.' .' . .' ' ..... . '.' . . . , ; .. . '.' .' .' rytr-. Bru'c~ Know Ito n p~ge 8 61.10 · . April 24,.'2012 . '. Thecommo,; boundary between thetratt/cdiical area and buffer and the wea . otJiew!loprnentactiviiy inUstbe marked orotherwise f!aggedto th~saiisfaciionofthe .'. City6f Renton q;>inrTwnity & Econornic DeitelopmenflJepartmentpriorto any c/eafing, '.' grrJding, bUildinrJ i:on~truction,or gthe~ development actiliity onqlot subject rathe ... ' . critical area tract/critiCal areaand buffer. The required marking or flagglnfJshall remain . inplaceuritil ai/development proposdl actiVities irith~ vicinity ofthesen~itiveiJrea are completed. . .. . . .' . ..' . . .. . No building foundations are allowed beyond the reqllir¢d.1S,fodt building seiboc~ line;~nl,!s50therwisepmvidedbylciw. . . " .. · . 19.' The platdesign shali be reVis~dto provide tile minimUnisllit~bie recr<;ationspa~e .. ' .' · ·consistentwith the requirements of K.C,C. 21A.14.180 and K.C.C. 21A.14.190(i:e.,minimuni· . • area,iis w~Ii as sport court[s);children'splayequip~~~t, picnictable[s),behches, et~~),as' shown on hearing exh .. No.26. 'InliEw ofprovidilig these improvements, the appliCant may .... . .... thoo~eto pay th~parksMitigatioll or Impact fees prior tathe final plat'nicording, using the fee . . schedul~sin effeCt when theplatreceivesfinalapprovaL"lf the applicant oPtsto provide '. suitable recreation spac~on:sit~;then thefollowingcdnditioris must be· met. , ... ' . . .~ .. A detailed recreiiliorispace plan (Le., location, area calculations; dimensions, .'. :laridscapespecs,equip1nent specs,etc.) shalibe submitted for review and approval byDD Es'prio rtoo rconcurrent with the su bm itta lofenginee ririgplats. '. '.' .•. ·b. Aperfcirmance bondfor'recre'ation space improvi"iients shall be p~sted prior to . reco'rding'of the plat. . . ..,. . . '. . '. . ". c .. ' Modify the plat,as needed,to'~omplywith KCC21A.14;180;F;asshown in h¢aring .. "exh. No. 26f()r the 'platof East Rent~n [DDES,File No.i.02P0005). . . . .. ' . .' " . . ' '. ' . '. . . . ' .'. . , ' . :. ... " .. 20,'TractEshall be designated for recreational area; with an appiov~d trail (acioss wetland. . ... . , . buffers) extendingfrom thine~re~tional Tract Gand functioning asan exte~sionofrecreation '. from Trad G,. Plansforthetraet": designation and desiifri,shall comply with codes and shall be .... to .th~·satisfaciion of CitY of Renton Dev~lopment Services Division priorio construction" . · .commeilcingwithin the Ph~se'2 area. .' .. '. . 2.t:.A homeowne;s' assod~tionor other w()rkabieorganizatio~shallbe establish~d, to the satisfaction ofth~ City of Renton <:ommunity.& Economic Dev~lopmentDepartrnent,whiCh ..• , "'provides for the. ownershIP and contiriued fnaintenance of the recr~ationtract, open space • andjorsensitiUe areatr,;cts.···· . . . . .' 22. Streettre~sshallbepro~ided}s follows (pEnKCRS5.03 and K:CC.21A.16.Q50): . ' .. .. . ·iI. 'Trees shall be plilnted at a rate of one.tree for every 40 feet of frontage·along'all· . . . roads. ,Spacing maybemodifiedtoaccommodate sight tiistance reqliirer:nents for driveways and int~rsections..· ." '.' •.... '., ' ....•. .. b. Trees shallbe.locatedwithihtne street right-of-way and,planted in,accordance with DrawingNo.5-009 of the 1993KingC~un.fy Road Standards, unless City of Rento'n '. Developm~ntSer:Vices Divjsibn determines that trees should n6t be loc~ted in thi! ..... stre~t right-of-way. ' .' '.. . , .. ".'''.' -'. 0: , .. "' .', , . .' ~: .. , " . " '~ ".' " '." . , ,:," , . -'; ',' .. , Mr~ B'~Ce K~owlt~n . Page 901 10· "Aprii 24,2012 ", ~ . ·,.c .. iCity of Renton DeVelopment serVices Diliisi~ndetermiries that the requi(edstreet" trees should not,be located:within'therighi:of,way,.they shall be located nqmOre ' .. than fOfeet.from the street right-of-way:line, . ' ....... • do Thetre.e';shall be· owned and maintained .bYthe abuttingl"t o;"ners onhe .' ...•. homeowners' association or other\vorkable 'organization unless the city has ".' . .' .' adopteda rnainteminceprogram. Ownershipanct maintenance shall be noted on thefacecif the final recorded plat:,·.· , , . . e. The,species Ciftr¢es shalille approv~d by City ofR~ni'ot1DevelopmeniServices . ·Division. if locatedwithiri.th!! right,bf,way;' aridshall.notincludepoplar,cottohwood, ,.'" '.' " •. siJftmaple~, gum,anyfruiHearing trees, or ~nyother t,eeor shrubwhpse ro'1ts,·. are iikelyto cbstruct sanitary or stormsewers, orthatis,not compatible with' '. oVerhead utilityline.s. '.' . '. , '. .' " . '. '. , ' . ',.' . . f .. ' the a'pplicantshall submit a street tree plan and,b'ond quanii'ty sheet fpr review and approval bi/City,of Renton Developn\ent Services,Divisio'o priortoengineering plan ... , approval.' '.. .', '. ' ' ' '., . .' ...... . . .. g. TIi~applica'rit sh~lIcohtact Metro se';'icePlanningat (206) 684,1622 t6determi~e if .' · '14S'hilve SE is~nabusrbute. 'If 14SthAve sE isabus'route'thestreet tree plan ' ... '. shall also be reviewed by Metrci. ' ", ,.. .. hO--The streettreesmustbe ihstalledaniUnspected, Or a'performance bond posted " ... :prior to recording of the plat. If aperform1lnCe bond is'posted, the street trees must .' , be installed and inspi!cted within oheyear of recordirigofth~ plat.,Atthe time of . inspection;ifihe !rees ar~ .found to be installed pertheapprbv~d pl~n,a.· •..... . rnaintenance bond .Illustbe submitted ~r the,performand; bond rep [aced with.a . · . maintenance borid,and held for one year. After one ye~i, the maintenance bond .•. .... may.be rel~aseci after City of Renton De~elopmerit Services Division has completed'.' · ~ second inspection and determined th~tth~ trees ha~eb~eri kept h~aithy and' .' ".';, thriving.. ".' .... '. . •... "'.'. . "'." ...• . " .,'. , . i.A laodscape inspection feemay also be required prior toplatrecordirig.The '. ..' ,insp'ectionf~eis subject t~ change based on the curlentcity fees at time of fi~al plat' . ,fecording., .. .......,.. ' . .. ' .. 23.Theenginee;ingplan~ forthis~r~jedshall identi~ thelocationpf any wells on thesite';nd . provide ndt~swhii:h address therequiremen(s for the contractortoabandonttiewell(s)' pursuantto requi~ementsouilinedintheWashiniitbn Ad'ministrative Code (WAC 173-160) .. \," " "',". -. :' :.-..' . -'." -. ' .,......'.. '" .,~ -. . 24. SEPA' Thetw~cbnditionsf(); participation in sig~alizedintersectioriimprovem~nts in the .' ,vicinity, and for acceptable stopping sight distance verification 'have been satisfiedprieir tei granting ~f this minor plat amendment. . .' . . ..... . .. , .... ' .. . ; 25, The' recreation area will serve bdth phases of the proposed plat. '.' . ," "'. , . . ", . . ' 26. Wetland buf(er averaging or additional buffer ari(required to co'mpensate for reduction of . ". wetland buffers adjacent to 145" Aven~e'southeast, as.propos~d in the'vicinity of.the north .' , ".: . --, -" . ".'-," . -. "".-. Mr. Bruce ~nowlton Page 10 of 10, April 24, 201i preperty line, and to. cempensate fer censtructien ef therecreatien tract trail through wetland buffer between Tracts E and G. ' Thi,s dec;Sion to. appreve the miner amendment' tCithe East Renten arid Resemente Preliminary Plats is subject to. a feurteen (14) day appeal peried from the date ef this letter. Any appeals of the administrative decision must be filed with the Renten City Clerk's effice by 5:00 pm, May 8, 2012.' . ' " , ' , If yeu have further questions regardingrequirements fer this preject, please cent~ct i<~yren Kittrick at 425-430-7299. Neil Watts; pirecte~ Development Services Division cc: Chip Vincent~ InterIm CEO Administrator Kayreri Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Arneta Henninger, Pla~ Reviewer _ .. : :~ .. L:; ; .. ® Web date: 09127/2006 King County Department of Development and Environmental Services Land Use Services Division SUBDIVISION DENSITY & l DIMENSION CALCULATIONS 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TIY 206-296-7217 PlannIng r:..1lu': 'l. \ 1\\\1. ~~~~~© File Number (To be filled in by DOES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations playa role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre-application conference. Worksheet Prepared By: Me.i -5hio/A LiM T Y'/a.of. AsSh&it'de.5 Date: t (P nf Name) Subdivision Name: Comprehensive Plan Land Use Designation: Zoning: ----I"R'--_4--'--____ _ If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A.12.200. PLEASE COMPLETE ONLY THE APPLICABLE PORTIONS OF THIS FORM I. Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the TOTAL horizontal area of the project site. SubdivDensityDimensionCalcFORM.doc Ic-cal-subden.pdf 09/2712006 Page 1 of6 , Calculation: _______ Gross horizontal area of the project site _7.L4=<-"O~. -'gL!lf:.L..I.Lfo ______ Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 ---,-'_71..-' _0----'-' ___ Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the foliowing shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) II. Base Density (K.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. -4 du/acre III. Allowable Dwelling Units and Rounding (K.C.C. 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 -.040 tables). --,-I 7.1.-"-,0,,--,1 __ site area in acres (see Section 1.) X __ 4-'-___ base density (see Section II) = e:, g allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E).) IV. Required On-site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property deSignated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.1BO). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X 170 square feet X 170 square feet X ____ proposed number of studio and one bedroom units ____ proposed number of two bedroom units ____ proposed number of three or more bedroom units Recreation space requirement SubdivDensityDimensionC alcFORM .doc Ic-cal-subden.pdf 09/27/2006 + + Page20f6 Required On-site Recreation Space Cr .Jed Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X _-=b....:(p=-___ proposed number of units = 'Z>,74-0 5F Mobile home parks shall provide recreational space as follows: 260 square feet X ______ proposed number of units = V_ Net Buildable Area (K_C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and deSignated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I) less the following areas: ____ 0_ areas within a project site which are required to be dedicated for public rights-of-way in excess of sixty (60') of width + I q 7, ~ 8't critical areas and their buffers, to the extent they are required by King County to remain undeveloped + + ____ ~'--areas required for above ground stormwater control facilities including, but not limited to, Z~t 740 retention/detention ponds, biofiltration swales and setbacks from such ponds and swales areas required by King County to be dedicated or reserved as on-site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C 21A.14.1BO (see Section IV) ___ ..;:()=-regional utility corridors, and + + ___ ..>o~ other areas, excluding setbacks, required by King County to remain undeveloped = z,2--3,4Zr4 Total reductions Calculation: 740,8:f!6 site area in square feet (see Section1) Total reductions = Z.Z3,4-2.4- ~, 7" 4:k2. Net buildable area in square feet NOTE: convert site area is square feet to __ '""'",,,,-,8:....>:8' __ Net buildable area in acres acres by dividing by 43,560 = VI. Minimum Urban Residential Density (K.C,C. 21A.12.060): The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density reqUirements may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4located within the rural town of Fall City. (See K.C.C. 21A.12.030(8)12.) Calculation: = _:-=4!-:=-=-_ base density in dulac (see Section II) X /1 • It? Net buildable area in acres (see Section V) 47.5 2. X minimum density % set forth in K.C.C. 21A.12.030 or as adjusted in Section VII _____ minimum dwelling units required = SubdivDens'rtyDimensionCalcFORM,doc Ic~cal~subden.pdf 09127/2006 Page 3 of6 VII. Minimum Density Adj&ents for Moderate Slopes (K.C.C. :...A.12.087): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet .in each slope increment by the median slope value of each slope increment as follows: sq. It 0-5% slope increment X 2.5% median slope value = + _____ sq. It 5-10% slope increment X 7.5% median slope value = + sq. ft 10-15% slope increment X 12.5% median slope value = + ========== sq. ft 15-20% slope increment X 17.5% median slope value = + _____ sq. It 20-25% slope increment X 22.5% median slope value = + _____ sq. It 25-30% slope increment X 27.5% median slope value = + _____ sq. It 30-35% slope increment X 32.5% median slope value = ------+ -----+ ------+ ------+ ------+ ------+ ------+ + _____ sq. ft 35-40% slope increment X 37.5% median slope value = Total square feet -----in net buildable area ______ Total square feet adjusted for slope Calculation: _____ total square feet adjusted for slope divided by total square feet in net buildable area = weighted average slope of net buildable area = _____ % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Area(s) of Site: 0% --less than 5% 85% 5% --less than 15% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% --less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: 750 + 2.500 + -----+ -----+ -----+ -----+ _____ sq. It 0-5% slope increment X 2.5% median slope value = ---':-'''7.'''-.--sq. ft 5-10% slope increment X 7.5% median slope value = _--"'''-''-''''--_ sq. It 10-15% slope increment X 12.5% median slope value = _____ sq. It 15-20% slope increment X 17.5% median slope value = _____ sq. ft 20-25% slope increment X 22.5% median slope value = _____ sq. ft 25-30% slope increment X 27.5% median slope value = _____ sq. ft 30-35% slope increment X 32.5% median slope value = _--:-:--::-:~_ sq. ft. 35-40% slope increment X 37.5 % median slope value = _-="-=-''''-_ Total square feet ---:-:-::-::--+ 3,250 Total square feet in net buildable area adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area .108333 Weighted average slope of net buildable area = 11 % (Note: multiply by 100 to convert t6 percent -round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% --less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. Subd'lvDensityDimensionCalcFORM,doc Ic-cal-subden.pdf 09/27/2006 Page 4 of6 VIII. Maximum Dwelling L .. ,ts Allowed (K.C.C. 21A.12.030 -.11 .. 0): This section should be completed only if the proposal includes application of residential density incentives (K.C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. _____ base density in dwelling units per acre see (Section II) X 150% = maximum density _--:-_-..,:-maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) _____ base density in dwelling units per acre (see Section II) X 200% = maximum density _--:-_-..,:-maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) _____ base density in dwelling units per acre (see Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres ---,--- maximum dwelling units allowed utilizing density transfers (K.C.C. 21A.37) Calculation: + + ______ base allowable dwelling units calculated in Section III ______ bonus units authorized by K.C.C. 21A.34 ______ transfer units authorized by K.C.C. 21A.37 ______ total dwelling units (cannot exceed maximum calculated above) IX. Minimum Lot Area For Construction (K.C.C. 21A.12.1 ~O}: Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero-lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) SubdivDensityDimensionCalcFORM.doc Ic-cal-subden,pdf 09/27/2006 Page 5 of 6 X. Lot Width (K.C.C. 21 A.1 ... 050(B)): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21 A.12.050). 30 Feet Lot Width Circle 1.-. _.-.-._._._.-._.-._.-.-._._ ...... Lot Width Measurement Check out the DDES Web site at www.metrokc.govlddes SubdivDensltyDimensionCalcFORM,doc Ic-cal-subden.pdf 09/27/2006 Page 6 of 6 J Web date: 09/27/2006 ® King County SUBDIVISION DENSITY & DIMENSION CALCULATIONS Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. u~~ntQO File Number (To be filled in by DOES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations playa role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre-application conference. Worksheet Prepared By: t1~t'-sh/olA, L,t, !frj:aol ASSlJc.ie>rnS Date: (prfltName) /2//8'/ Z-tJlJ(P , Subdivision Name: _"'R:.JO"">o<!eO<J.!.M1.J/):Lhnc.,fr....:e""'-_____________________ _ Comprehensive Plan Land Use Designation: Zoning: If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A.12.200. PLEASE COMPLETE ONLY THE APPLICABLE PORTIONS OF THIS FORM I. Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the TOTAL horizontal area of the project site. SubdivDensityDimensionCalcFORM.doc Ic·cal·subden.pdl 09/2712006 Page 1 016 .' _______ Gross horizontal area of the project site ----=.J4L1/~5'-"('---"'-Z.L.:18""'____ __ Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 _~qw.,-"5,--3,,,----__ Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres, No further rounding is allowed, (See KC,C, 21A 12.080) II. Base Density (K.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot 1-du/acre III. Allowable Dwelling Units and Rounding (K.C.C. 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from KC.C. 21A 12.030 -.040 tables). _...,q'-',-=5_3'----_ site area in acres (see Section 1.) X ---41---base density (see Section II) = 28 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B, Fractions below ,50 shall be rounded down, NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C,C. 21A.12.070(E),) IV. Required On-site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (KC.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per KC.C. 21A 14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X 170 square feet X 170 square feet X ____ proposed number of studio and one bedroom units ____ proposed number of two bedroom units + ____ proposed number of three or more bedroom units + Recreation space requirement = SubdivDensityDimensionCalcFORM.doc Ic-cal-subden.pdf 09/27/2006 Page 2 of 6 Required On-site Recreation Space Cr Jed Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X _~2~~~ __ proposed number of units = Mobile home parks shall provide recreational space as follows: 260 square feet X ______ proposed number of units = V, Net Buildable Area (K,C,C, 21A,06,797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I) less the following areas: ____ 0::.... areas within a project site which are required to be dedicated for public rights-ol-way in excess of sixty (60') of width + 174, (" 7'8' critical areas and their buffers, to the extent they are required by King County to remain undeveloped + zfJ',615" areas required for above ground stormwater control facilities including, but not limited to, retention/detention ponds, biofiltration swales and setbacks from such ponds and swales + 1, 7~O areas required by King County to be dedicated or reserved as on-site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C 21A.14.180 (see Section IV) + 0 regional utility corridors, and + 0 other areas, excluding setbacks, required by King County to remain undeveloped = z../3, 04-3 Total reductions Calculation: 4/5, ZI8" site area in square feet (see Section 1 ) = = Z./-5,043 Zoz. {7e;-, Total reductions Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 4, ~1 Net buildable area in acres VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-410cated within the rural town of Fall City. (See K.C.C. 21A.12.030(8)12.) Calculation: 4- = base density in dulac (see Section II) X 4 ' bf Net buildable area in acres (see Section V) X minimum density % set forth in K.C.C. 21A.12.030 or as adjusted in Section VII = _____ minimum dwelling units required SubdivDensityDimensionCalcFORM.doc lc-cal-subden,pdf 09/27/2006 Page 3 of 6 VII. Minimum Density Adju~_ .• lents for Moderate Slopes (K.C.C. ~ ..•. 12.087): ; Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: _____ sq. ft 0-5% slope increment X 2.5% median slope value = + sq. ft 5-10% slope increment X 7.5% median slope value = ------+ + _____ sq. ft 10-15% slope increment X 12.5% median slope value = ------+ + _____ sq. ft 15-20% slope increment X 17.5% median slope value = ------+ + _____ sq. ft 20-25% slope increment X 22.5% median slope value = -----+ + _____ sq. ft 25-30% slope increment X 27.5% median slope value = -----+ + _____ sq. ft 30-35% slope increment X 32.5% median slope value = -----+ -----+ + _____ sq. ft 35-40% slope increment X 37.5% median slope value = Total square feet -----in net buildable area Total square feet ------adjusted for slope Calculation: _____ total square feet adjusted for slope divided by total square feet in net buildable area = weighted average slope of net buildable area = _____ % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Area(s) of Site: 0% --less than 5% 85% 5% --less than 15% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% -less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: 750 + 2,500 + -----+ -----+ -----+ -----+ + _____ sq. ft 0-5% slope increment X 2.5% median slope value = --::-'0'7?:--sq. ft 5-10% slope increment X 7.5% median slope value = _--===_ sq. ft 10-15% slope increment X 12.5% median slope value = _____ sq. ft 15-20% slope increment X 17.5% median slope value = _____ sq. ft 20-25% slope increment X 22.5% median slope value = _____ sq. ft 25-30% slope increment X 27.5% median slope value = _____ sq. ft 30-35% slope increment X 32.5% median slope value = _--:--:-::=_ sq. ft. 35-40% slope increment X 37.5 % median slope value = _----"==_ Total square feet in net buildable area 3,250 Total square feet adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area = .108333 Weighted average slope of net buildable area = 11 % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% --less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. SubdivDensityDimensionCalcFORM,doc Ic-cal-subden.pdf 09/27/2006 Page 4 of 6 VIII. Maximum Dwelling L ..• s Allowed (K.C.C. 21A.12.030·.1. .J): This section should be completed only if the proposal includes application of residential density incentives (KC.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. _____ base density in dwelling units per acre see (Section II) X 150% = maximum density _____ maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) _____ base density in dwelling units per acre (see Section II) X 200% = maximum density _____ maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) base density in dwelling units per acre (see Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density transfers (K.C.C. 21A.37) Calculation: + + ______ base allowable dwelling units calculated in Section III ______ bonus units authorized by K.C.C. 21A.34 ______ transfer units authorized by K.C.C. 21A.37 ______ total dwelling units (cannot exceed maximum calculated above) IX. Minimum Lot Area For Construction (K.C.C. 21A.12.100): Except as provided for nonconformances in K.C.C. 21A.32: A. lri the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero-lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.1 00) SubdivDensityDimensionCalcFORM.doc Ic-cal-subden.pdf 0912712006 Page 5 of 6 x. Lot Width (K.C.C. 21A.'050(B)): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). I I I I. 30 Feet ._._._._._._._.-.- Lot Width Measurement I Lot Width Circle ._._.-._._.-" Check out the DDES Web site at www.metrokc.govlddes Subd'lvDensityDimensionCalcFORM,doc Ic-cal-subden.pdf 09127/2006 Page 6 of 6 ; AFTER RECORDING MAIL TO Bruce Knowlton CamWest, a Toll Brothers Company 9720 NE 120th Place, Suite 100 Kirkland, WA 98034 DRAFT DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR Grantor/Decla ra nt: Grantee: Abbr. Legal Oeser: Tax Account Nos: EAST RENTON, A SUBDIVISION Toll WA LP [Additional names on pg. N/AJ East Renton, a subdivision; East Renton Homeowner's Association [Additional names on pg. N/AJ [Full Legal Description on Exhibit A] Docs Modified: N/ A DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATiONS (EAST RENTON) PAGE I DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR EAST RENTON, A SUBDIVISION Toll WA LP, a Washington limited partnership, hereinafter referred to as "Declarant", makes this Declaration as of the _ day of ,2012. SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Declarant is the owner of the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "East Renton" more particularly described in Exhibit A and Exhibit B attached hereto and incorporated herein. B. Declarant has created an owners association at East Renton to provide for the maintenance, preservation and architectural control of the Lots and the Tracts (as defined herein) within the Property as more fully described herein. C. The Declarant hereby submits the Property described in Exhibit A to this Declaration of Covenants, Conditions, Restrictions and Reservations ("Declaration" or "CC&Rs"). These CC&Rs are intended to create a comprehensive system of development, architectural controls, administration and maintenance for the Property to enhance the value and attractiveness of the Property, and to protect and benefit the interests of the Owners of the Property. This Declaration provides a procedure for the future expansion of East Renton to include some or all of that real property described in Exhibit B. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof as provided herein, together with their grantees, successors, heirs, executors, administrators, devisees and assigns. Any conveyance, transfer, sale, assignment, lease or sublease of any real property interest in any portion of the Property subject to this Declaration, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Amended Declaration" shall mean an amendment to this Declaration and includes any amendment recorded pursuant to Article 14 that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land as described in such instrument. "Annexation Property" shall mean that Property legally described in Exhibit B which may be added to the Association by subjecting it to this Declaration as set forth in Article 14. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 2 "Architectural Control Committee" or "ACC" shall mean the Board, as defined below or a committee by that name designated by the Board. "Articles" shall mean the articles of incorporation of the Association. "Assessments" shall mean all sums chargeable by the Association against a Lot as provided in this Declaration, including, without limitation: (a) General and Special Assessments for maintenance, repair or replacement of Common Area, Association Maintained Areas and any other property of the Association; (b) Specific Assessments against a Lot; (c) fines imposed by the Association; (d) interest and late charges on any delinquent account; and (e) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean the. East Renton Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Association Maintained Area" shall mean those facilities, improvements and portions of the Property that the Association is obligated to maintain. The Association Maintained Area includes the property and improvements described in Section 2.4 of this Declaration. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 3, and any board, group or entity of the successor or assign to the Association serving in a comparable capacity to the Board of Directors. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "Class A Members" shall mean all Owners other than the Declarant when the Declarant is the Class B Member. If the Declarant is no longer the Class B Member, then it shall mean all Owners, including Declarant. "Class B Member" shall mean the Declarant. "Class B Control Period" and "Control Period" shall mean the period of time during which the Class B Member is entitled to appoint the members of the Board. The Class B Control Period shall terminate on the first to occur of the following: (a) when 75% of the total number of Lots on the property described in Exhibit "A", and Exhibit "B" (if subjected to this Declaration as provided herein) have certificates of occupancy issued thereon and have been conveyed to Class "A" Members other than builders; (b) December 31, 2022; or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 3 (c) when, in its discretion, the Class B Member so determines. "City" shall mean the City of Renton, in the County of King, State of Washington. "Common Area" shall mean all real property and improvements thereon from time to time owned or leased by the Association for the common use and enjoyment of all of the Members. The Common Area may (but need not) include common areas, tot lots, recreational facilities, parks and other open space, lakes, streams, utility facilities, private streets not dedicated to the City of Renton or the State of Washington, trail systems and fencing on Common Areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. "Declarant" shall mean Toll WA LP, a Washington limited partnership. No successor and assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless such rights and obligations are specifically assigned to such party by written instrument designating the party as Declarant hereunder or which pass by operation of law. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein. "Entry Monument" shall mean any entry monument, sign, landscaping, lighting and other improvements that are installed by the Declarant or Association to mark an entry to the community. "Fire Lanes" shall mean any areas within any public right-of-way, easement or on private property that is for the use, travel and parking of fire trucks and other firefighting or emergency equipment. "HOA" shall mean the East Renton Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Home" shall mean a physical structure located on a Lot that is designed and intended for use and occupancy as a dwelling. "Lot" shall mean and refer to any of the 38 Lots shown on the Plat, and any of the 53 Lots which would be added if and when some or all of the real property described in Exhibit B is subjected to this Declaration in an Amended or Supplemental Declaration. Ownership of a Lot shall include ownership of the Home and other improvements now or hereafter constructed on the Lot. "Member(s)" shall mean the Class A Members and the Class B Member. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 4 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract forthe sale of a Lot. "Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot or Tract created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot or Tract. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot and/or Tract on which it holds a Mortgage which constitutes a first lien on said Lot and/or Tract. Mortgagees shall have the same voting rights as the owners of any Lot subject to such Mortgage. "Notice and Opportunity to be Heard" shall mear the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat for East Renton which depicts the layout of the Lots and Tracts on the Property. The Phase I Plat for the Property was recorded at Volume _ of Plats, at pages __ through _ under Recorder's File No. records of King County, Washington. The definition of Plat shall include the final Plat for subsequent phases if the Association is expanded to include the Annexation Property. "Private Drainage Easement" shall mean those drainage easements located on certain Lots, as set out on the Plat, that benefit other Lots, as set out in the Plat. "Property" shall mean the real property described on Exhibit A attached hereto, and any portion of the Annexation Property described in Exhibit B, attached hereto, if such portion is subjected to this Declaration by the recording of an Amended or Supplemental Declaration. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 5 "Public Stormwater Facilities" shall mean the detention vault and other stormwater facilities located within Tract I which is owned by the City of Renton. "Public Utility Easement" shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage and accessory equipment, together with the right to enter upon the Lots and Tracts for said purposes. "Street Trees" shall mean the street trees located on the Lots adjacent to the public streets in the Plat which are maintained by the Owner of the Lot upon which the trees are located. "Street Lighting" shall mean the lighting for streets within the Property. "Structure" shall mean any thing or object the placement of which upon any Lot may affect its appearance, including, without limitation, any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, play structure, curbing, paving, tree house, fence, wall, rockery, hedge, sign, statue, antenna, dish or other receiving device, or the like, and any excavation, fill, ditch, dam, or other thing or device that affects or alters the natural flow of surface waters or any natural or artificial stream or drainage channel upon or across any Lot or Tract. "Supplemental Declaration" shall mean an instrument that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land described in such instrument as more fully set out in Article 14. "Tract" shall mean and refer to any of Tracts A, B and I as shown on the Plat and any improvements thereon. Tracts A and B are owned by the Association. Tract I is owned by the City of Renton and is not part of the Association. The Association has the obligation to maintain landscaping within Tract A and Tract B as more fully set out in Section 2.4 and Exhibit B-l. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on Lots. Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS Section 2.1 Description of Common Area. The Common Area as shown on the Plat is comprised of the following: Tract A -Open Space Tract Tract B -Open Space/Recreation Tract DECLARATION OF COVENANTS, CONDITIONS, RESTRJCTIONS AND RESERVATIONS (EAST RENTON) PAGE 6 Tract I and the detention vault and storm drainage facilities located in Tract I are owned and maintained by the City of Renton. Section 2.1 Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in Tracts A and B previously owned by the Association and have the attendant obligation to maintain Tracts A and B. Section 2.2 Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, including easement rights of Owners, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.2.1 The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be detrimental to the environment, be inconsistent with development conditions, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or a sensitive area tract on the Plat. 2.2.2 The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two- thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be duly executed by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained. Section 2.3 Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements: o The Common Area, including any irrigation system serving any portion of the Common Area o Any Entry Monuments and Association Signage The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.4 Association Maintenance Responsibilities. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area and any private utility facilities therein. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 7 costs of maintaining the Association Maintained Area shall be assessed to Lots as set forth in Sections 7.4, 7.7 and Exhibit C. Section 2.5 Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area to family members, guests and tenants of such Owner. Each Owner shall be responsible for informing such Owner's family members, guests, tenants and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien upon the Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.6 Public Utility Easements. The Plat creates various easements within the Property for public utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Property at all times for said purposes ("Public Utility Easement"). Within these Public Utility Easements, no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation, maintenance and use of utilities. Each Owner must continuously maintain any such easement area located within their Lot. All utility facilities within such Public Utility Easements that serve only one Home shall be maintained by that Home's Owner, except for those improvements for which a public authority or utility company or the Association is responsible. Section 2.7 Private Storm Drainage Easements. The Plat creates a private storm drainage easement over Lots 77-79 for the benefit of Lots 76-78. Other private storm drainage easements may be created if the Annexation Property is made subject to this Declaration. The maintenance of the facilities within those private storm drainage easements shall be the responsibility of the Lots benefiting from the storm drainage facilities therein, provided that no Owner shall pay any portion of the cost of repairs or maintenance above their respective connection point to said facilities. Section 2.8 Signage Easement. Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet parallel with and abutting all public rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs, address columns and entry monuments. Section 2.9 Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 8 Section 2.10 Easement for Entry by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots, and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing so with reasonable cause of imminent danger; or (ii) acting with the consent of the Owner or tenant of such Lot. Section 2.11 Publicly Owned Tract. Declarant has dedicated Tract I to the City. The City has fee title and will own, operate and maintain the land and the detention facilities therein. Section 2.12 Easement for Development Activity. Declarant and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing and installing such improvements to the Common Area and to any property described in Exhibit B, as it deems appropriate in its sole discretion. Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. An association called the East Renton Homeowners Association (the "Association") shall serve as a homeowners association for all Homes in the community. Section 3.2 Form of Association. The Association is a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant has or will adopt Articles of Incorporation for the Association and has or will propose the adoption of initial Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the provisions of this Declaration shall prevail. The Bylaws provide for the administration of the Association and the Property, and are intended to further the intent of this Declaration. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of the Association. A majority of the Directors elected by the Class A Members must be members of the Association. The Directors appointed by the Class B Member need not be members of the Association. Section 3.5 voting membership: Membership and Voting Rights. The Association shall have two classes of DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 9 3.5.1 Each Owner, except the Declarant when the Declarant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each lot owned, whether improved or not. When more than one Person holds an interest in any lot, all such Persons shall be members. The vote for each such lot shall be exercised as the joint owners may decide among themselves, but in no event shall more than one vote be cast with respect to anyone Lot. 3.5.2 The Declarant will initially be the Class B member. The Class B Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall cease upon the occurrence of the earlier of the following events: (i) upon termination of the Class B Control Period; or Iii) when the Declarant determines, in a recorded instrument. At that time, the Class B Membership will convert to Class A membership for each Lot still owned by Declarant. Section 3.6 Transfer of Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with generally accepted accounting principles. Section 3.8 Inspection of Association Documents. Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. Section 3.9 Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association ("Financial Statement"). Section 3.10 Audit of Financial Statements. Ifthe annual Assessments are fifty thousand dollars ($50,000) or more, the Financial Statements shall be audited at least annually by an independent certified public accountant unless the audit is waived by sixty-seven percent (67%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum, as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit, the Members must vote to waive the audit in accordance with this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 10 section. In addition, the Board or a majority of the Owners may at any time require an audit prepared by an independent certified public accountant which shall be paid for by the Association. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration of the Property. The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. Section 4.2 Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Members, shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of Assessments, as more particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the duties and functions ofthe Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4.2.3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of Assessments, the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services; however, if any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. The Board may pay the Declarant a reasonable fee for any services it performs on behalf of the Association. 4.2.5 Pay for power for all streetlights located on the Property and water and power for irrigation of the Common Area and Association Maintained Areas. 4.2.6 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Tree Trimming, Maintenance and Removal. The Board may require, at the Owner's expense, the trimming, topping or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner's Lot that the ACC determines (i) is interfering with the view or DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 11 access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of maintenance of the Street Trees on his/her Lot. If an Owner wishes to remove any tree that is part of the Yard Landscaping, including Street Trees, that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. In addition, no Street Tree or other tree on any Lot may be removed without complying with City of Renton tree removal permit requirements and any replacement obligations. Section 4.4 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area, the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Members fairly and in a non-discriminatory manner. Section 4.5 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected, placed or altered within the Property and any changes to the exterior appearance of any such Structure, must be approved by the Board or an Architectural Control Committee ("ACC") appointed by the Board. Any enclosure or cover used in connection with such a Structure or equipment or otherwise, whether temporary, collapsible or seasonal, shall be treated as a permanent Structure for purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all Structures. Nevertheless, Owners are not required to obtain Board or ACC approval for alterations solely to the interior of any Home or for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and normal maintenance (unless re-roofing or re-siding with different materials or otherwise altering the materials, colors or design of the exterior of the original Home or any ACC approved changes). Until the expiration of the Class B Control Period, Declarant shall act as the ACe. Complete plans and speCifications of all. proposed Structures or exterior alterations and repairs, together with detailed plans showing DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 12 the proposed location of the same on the particular building site and other data requested by the Board or ACC must be submitted before construction, alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the Board or ACe. 5.1.2 If the Board appoints an ACC it shall be composed of three or more representatives. All plans and specifications submitted for approval by the ACe must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. In the event the Board or ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will be deemed to have been given, subject to the provisions of Subsection 5.1.3 and 5.1.8. 5.1.3 The maximum height of any building shall be established by the as part of plan approval by the Board or ACC and shall be given in writing together with the approval. If the Board or ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than is allowed under applicable zoning, land use and building codes. 5.1.4 The ACC may require that all plans or specifications for alterations of a Home or other significant Structure be prepared by an architect or a competent designer approved by the ACe. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACe. 5.1.5 The submittal will be reviewed as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the Lot, with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and any duly adopted architectural guidelines. The effect or impairment that such Structure or alteration will have on the view or outlook of surrounding Lots may also be considered as well as any and all other factors which, in the Board's or ACe's opinion, shall affect the desirability or suitability of such proposed Structure, improvement, or exterior alteration or repair. The Board or ACC shall have the right to refuse to approve any design, plan or color for such improvement, construction, exterior alteration or repair which is not suitable or desirable, in its opinion, and such refusal may be based entirely on aesthetic or other factors. 5.1.6 Neither Declarant (including any successor in interest to Declarant's status as Declarant) nor any activities of Declarant shall be subject to the restrictions of this Section 5.1 as to any property owned by Declarant. 5.1.7 By majority vote, the Board may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. The Board may delegate such tasks to the ACe. DECLARA nON OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATlONS (EAST RENTON) PAGE 13 5.1.8 No Structure shall be erected, altered, placed or permitted to remain on any Lot or Tract unless the Structure complies with the Plat, this Declaration and with applicable building codes and other applicable requirements. The Owner may be required to furnish the Board or ACC with evidence that all necessary permits have been obtained from the City for any work for which approval is required under this Section prior to commencement of the work or at any time thereafter. Section 5.2 Declarant Facilities. Notwithstanding any provision in this Declaration to the contrary, Declarant and its agents, employees and contractors shall be permitted to maintain, during the period of sale of Lots, Tracts, and Homes, upon such portion of the Property (other than those sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots, Tracts, and Homes, including but not limited to a business office, storage area, signs, banners, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. MAINTENANCE OBLIGATIONS OF OWNERS! USE RESTRICTIONS! EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, the Owner of each Lot, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Owner's Lot and all Structures and other improvements and the Yard Landscaping within the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any such Owner fails to maintain, repair, replace or restore the Owner's Home, Structures, and other exterior improvements and Yard Landscaping located within the Lot, the Association may, after Notice and Opportunity to be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall payor reimburse the Association on demand for all such costs and expenses. Each Owner is responsible for irrigation for the Yard Landscaping. All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition. Section 6.2 Restrictions on Storage; Use of Garage. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of Lots, Tracts or Homes) or any disabled or inoperable motor vehicle on the Property unless any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACe. Garages must be used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking as may be adopted by the Board. No in-operative vehicle of any DECLARATION OF COVENANTS, CONDITIONS, RESTRJCTIONS AND RESERVATIONS (EAST RENTON) PAGE 14 type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners. Section 6.3 Roads. Sidewalks and Fire Lanes. The public roads and sidewalks located in . East Renton may be used only for normal access, ingress and egress, and no obstructions shall be placed thereon. Due to the width of the roads, applicable City fire and safety ordinances allow parking only on one side of the public roads. There shall be no parking in any area which is designated as "No Parking". The purpose of these restrictions is to provide adequate road width for the access of fire and other emergency vehicles. The obstruction of a Fire Lane by a parked vehicle or any other object is prohibited, shall constitute a traffic hazard as defined in state law and an immediate hazard to life and property. Parking is also not allowed on the sidewalks or planter strips. Section 6.4 Residential Use and Home Occupations. 6.4.1 Residential Uses. Any and all Structures may be used only for (i) residential purposes, including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or (ii) use as a home office or (iii) use for a home business that does not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community; (v) purposes of operating the Association and managing the Property, or (vi) the business of the Declarant in developing and selling Lots, Tracts and Homes. Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon any Lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Section 6.7 Garbage and Trash Removal. No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste must be placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the prompt and regular disposal DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 15 of all of garbage, trash, junk and yard waste. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. Section 6.8 Animal Restrictions. With the exception of domesticated dogs, cats and other usual household pets (hereinafter referred to as "pets"), no insects, reptiles, poultry or animals of any kind shall be raised, bred or kept in or on any Home, Lot or on any Common Area. The Board may adopt reasonable rules and regulations for the keeping of pets. All pets when outside a Home shall be kept on an adequate leash or otherwise prevented from leaving the lot by a person capable of controlling the pet at all times, or by fencing or a suitable invisible electronic confinement system not dangerous to humans. Owners shall not allow pet excrement to be left on any Lot or on any portion of the Property. Owners shall be responsible for assuring that their dogs do not bark continuously. Any Owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 Signs. No signs shall be displayed to public view on any lot except (i) one professionally created sign of not more than one square foot displaying the property address and/or resident's name; (ii) one sign of not more than five square feet advertising the Home for sale or rent by anyone other than the Declarant or other home builder; (iii) signs of any size or similar display used by Declarant or other home builders to advertise Lots, Tracts, or Homes for sale so long as they own a lot within East Renton; (iv) political yard signs displayed prior to any primary or general election which must be removed within ten (lD) days after such election, or (v) any permanent entry monument signs, and fire lane, road and directional signs for East Renton. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs. 6.9.1 The Declarant may, in its sole discretion, construct signage at the entrance to the Plat which identifies it and includes a notation indicating that it was developed "by Toll Brothers" (or some similar reference to Declarant or any entity affiliated with Declarant), including the use of any particular logos and/or trademarks utilized by Declarant, and convey such signage to the Association along with a non-exclusive license to use the logos and/or trademarks depicted on the signage (but only for purposes of maintaining such logos/trademarks in the manner depicted on the sign age at the time of conveyance and for no other purpose), such license being revocable by Declarant at any time. If the license is revoked, all references to Toll Brothers shall be removed from the signage at the request of Declarant. Section 6.lD Renting and Leasing. 6.lD.1 No Board approval is required for Owners who lease or rent their entire Home for a term of 30 days or more. Other rentals (except those made by lenders in possession following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONSANO RESERVATIONS (EAST RENTON) PAGE 16 sale or other arrangement in lieu of a foreclosure) require Board approval unless the Board adopts a different rental policy or rule for rentals of less than all of a Home or for a period shorter than 30 days. All leasing and rental agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default under such lease or rental agreement. Notwithstanding the foregoing. 6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner (and the Lot under this Declaration for assessments and charges) or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, or in derogation of any rights which a Mortgagee of such Lot mall have with respect to such rents. Other than as stated herein, there are no restrictions on the right of Owners to lease or otherwise rent their Home. Section 6.11 Temporarv Residence. No mobile home or modular home shall be permitted on any Lot or Tract. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for trailers used by Declarant, builders, or contractors during the construction period. Section 6.12 Satellite Dishes and Antennae. In order to minimize the visibility of satellite dishes and antennae from other Homes and from the public streets, the Board may regulate the location, size and color of, and may require screening of, any antenna, satellite dish or similar equipment to the maximum extent allowed under federal law. The Board may delegate this task to the ACe. Section 6.13 Governmental Requirements. All Structures and other improvements must comply with applicable requirements of the Plat and with all applicable statutes, ordinances, regulations and government requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply. Section 6.14 Use and Disposal of Hazardous Substances. All Owners shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area, public street or other portion of the Property. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGEl? Section 6.15 Completion of Projects. Any Structures or improvements, including any repairs or replacement thereof, constructed on any Lot shall be completed as to external appearance, including finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted by the Board or ACe. This period may be extended by the ACC due to inclement weather. This Section 6.15 does not apply to Declarant or Declarant's activities. Section 6.16 Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise interfere with a mailbox structure. Section 6.17 Outdoor Fires. Outdoor barbecues may be used on Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.18 Screened Service Areas. Unsightly items must be hidden from view within a Home or garage or within a fenced or screened area where they will not be seen from any Home or road. Unsightly items shall include, but shall not be limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the Board or ACe. Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Home, the Owner shall promptly restore and Repair (as defined below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board is required to rebuild in accordance with a plan that is different from the original plan or as modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for the Home exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. For all restoration and repair less than Substantial Damage, the Owner must follow the procedures outlined in Article 5. Section 6.20 Native Growth Protection Area. Reserved. Section 6.21 Driveway Maintenance Easements. Certain Lots may have driveways that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each Lot that has any portion of a driveway within three feet of the boundary line of an adjacent Lot over the adjacent Lot. The easement shall be for the purpose of maintenance, repair or replacement of the driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement. The DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 18 benefited Owner must repair any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that immediately before use of the adjoining lot. Section 6.22 Private Fence Easement. Declarant has or may construct certain rockeries, walls and fences between Homes on adjoining Lots. The intention of the Declarant is that each fence, wall and rockery when constructed, shall be wholly on one Lot or another and not on the property line between adjoining Lots. Due to obstructions or topography, however, Declarant may not have placed each fence, wall or rockery wholly within a Lot or immediately adjacent to the property line. Therefore, Declarant reserves an easement, one foot wide on each side of each Lot boundary, for itself and for the Association and each Lot Owner for the placement of fences, walls and rockeries that have been installed by the Declarant for as long as the wall or fence exists. Each Owner of such a fence shall have the right to maintain, repair and replace any portion of an encroaching fence, wall or rockery and shall have reasonable access over the other Lot for such purposes. Except as set forth above, the Owner of a Lot upon which Declarant or Owner has installed a fence, wall or rockery shall be responsible for its maintenance and if placed on a common boundary line between Lots, the Owners of Lots on each side of a fence, wall or rockery shall be jOintly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery subject to Board or ACC approval. Each Owner may, however, paint or stain its side of any fence located on a common boundary without the consent of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area described herein, nor the conduct of an Owner in maintaining the land between a fence, wall or rockery on an adjoining Lot or on the common property line shall be construed as modifying the common property line between the two lots as set out on the Plat. In the event an Owner installs a fence, rockery or wall wholly on Owners Lot after obtaining necessary Board or ACC and other approvals, that Owner shall be responsible for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining lot for such purposes. Section 6.23 Limitation on Grading. The grading of any lot is not to be changed by a Lot Owner in in any manner that will cause an adverse effect on adjacent Lots. Any earth disturbance, including but not limited to the moving, depositing, stockpiling or storing of soil, rock or earth materials, made by any Lot Owner shall not cause an adverse effect on the adjacent lots, roads, stormwater conveyances, or erosion control measures. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any Assessment duly levied by the Association as provided in this Declaration. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 19 obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor title unless the lien for such delinquent Assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. Section 7.2 Liability for Assessments. Any Assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 7, except for Assessments levied against an Owner for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection with bringing an Owner's property into compliance with the,provisions of this Declaration. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments, and after the Lot is first conveyed to an Owner other than Declarant. The first annual general assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence. No Owner may exempt himself or herself from liability for his Assessments by abandoning the Owner's Lot. When ownership of a Lot changes, Assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section 7.3 Association Budget. The initial Board shall prepare, or cause the preparation of, and adopt a budget for the Association. After termination of the Class B Control Period, the Board'shall adopt a budget annually, in accordance with generally accepted accounting principles. The budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses, including any contribution to reserves. Within thirty (30) days after adoption by the Board of any proposed budget of the Association, the Board shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after delivering a notice of the meeting and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the members shall be continued until such time as the members ratify a subsequent budget proposed by the Board. Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an Assessment period at least 30 days in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to Assessment; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render such Assessment void or invalid. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 20 Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the General Assessment hereunder for 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. Section 7.6 Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the Assessment period for which each budget was prepared, the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to that year only, for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such Assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's special assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment shall be substituted for the operating budget amount and shall be payable in one or more installments, as determined by the Board. Section 7.8 Specific Assessments. In addition, the Association may levy Specific Assessments against a particular Lot as follows: (i) the costs of the Association for the maintenance, repair or reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit C, and (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this Declaration or the other governing documents. Special assessments may be levied either before or after the work is done, in the discretion of the Board. Section 7.9 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any Assessment or installment thereof which remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than 15 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have commenced on all Lots under this Declaration, the Declarant may satisfy its obligation for Assessments, if any, on Lots that it owns either by paying such Assessments in the same manner as any other Owner, or by paying the difference between the amount of Assessments levied on all other Lots subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Section 7.11 Suspension of Voting Rights. The Association shall have the right to suspend the voting rights by any Owner for any period during which any Assessment against such DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE21 Owner's lot remains unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations. Section 7.12 Accounts. Any Assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 7.13 lien. In the event any Assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days' prior written notice to the Owner of such lot of the existence of the default, accelerate and demand immediate payment of the entire Assessment. The amount of any Assessment assessed or charged to any lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien thereon. A notice of Assessment may be recorded in the office where real estate conveyances are recorded for the county in which this property is located. Such notice of Assessment may be filed at any time at least 15 days following delivery of the notice of default referred to above in this Section. The lien for payment of such Assessment and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid Assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a mortgage. Section 7.14 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any Assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.15 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any Assessments, a balance sheet and an operating (income/expense) statement for the Association which shall include a schedule of delinquent Assessments identified by the number of the lot and the name of the Owner; provided, however, such documents need not be prepared by a certified public accountant unless requested by the Board or a majority of the Owners. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. Section 7.16 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for Assessment and charges or lack thereof secured by the Assessments upon any lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a lot DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 22 within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid Assessments or charges with respect to such Lot, and, upon such payment, shall have a lien thereon for the amounts paid of the same priority as its lien. Section 7.17 Foreclosure of Assessment Lien; Attorneys Fees and Costs. The Board (or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect any Assessment. In any action to foreclosure the lien of, or otherwise collect delinquent Assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.18 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent Assessments set forth in the notice and all other Assessments which have become due and payable following the date of such recordation with respect to the Lot to which such notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of fifty dollars ($50.00) or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction and release of the lien created by the notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of Assessment and any efforts to collect the delinquent Assessments, including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Capital. 7.19.1 For good cause, an Owner may be required by the Board, from time to time, to make and maintain a deposit up to three months' estimated monthly Assessments, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve for delinquent Assessments. 7.19.2 Resort may be had thereto at any time when such Owner is ten days or more delinquent in paying his or her monthly or other assessments and charges. Said depOSits shall not be considered as advance payments of regular Assessments. In the event the Board should draw upon said deposit as a result of an Owner's delinquency in payment of any Assessments, the Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. DECLARA rION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 23 7.19.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore. 7.19.4 The first purchaser of each Lots shall pay to the Association, in addition to other amounts due, $300.00 as an initial contribution to the Association's working capital. Such payment is not a prepayment of Assessments by the first purchaser. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction or development of the Property, to pay Declarant's contributions to Association reserves or to make up any deficits in the budget of the Association. Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. 8.1.1 Each Member, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition, the City shall have the right to enforce the provisions of the Plat, and related provisions of this Declaration, relating to the maintenance obligations of the Association as a third party beneficiary, as provided in Section 15.6. 8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 24 Section 8.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law, although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 13 hereof. Section 9.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner. Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners including such Owner, his successor and assigns. For the purpose of this Article, the terms "Mortgage" and "Mortgagee" shall not mean a real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect to a sale by an individual Owner other than Declarant. DECLARATION OF COVENANTS, CONDITIONS, RESTRlCTIONS AND RESERVATIONS (EAST RENTON) PAGE 25 Section 10.2 Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Lot; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. Subject to Section 1.2 of this Declaration, the covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12. Section 11.2 Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property. Article 12. AMENDMENT OF DECLARATION OR PLAT Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Until the termination of the Class B Control Period, this Declaration may be amended by an instrument executed by Declarant and approved solely by the Class B Member. Thereafter, DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 26 except as set forth in Section 12.3 of this Declaration, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided, however, that until the termination of the Class B Membership and the expiration of the Declarant's annexation right set forth in Article 14, no such amendment shall be valid without the approval of the Class B Member and the holder of the annexation right. The members' approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Areas, insurance or fidelity insurance; responsibility for maintenance and repair; leasing of lots other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating to the maintenance obligations of the Association set forth in the Plat, as provided in Section 15.6. Section 12.2 Plat. Subject to other applicable provisions of the Declaration, the Plat may be amended by revised versions or revised portions thereof. Until the termination of the Class B Control Period the Plat may be amended by an instrument approved and executed by the Class B Member, provided that if such amendment directly affects a Lot owned by someone other than Declarant the approval of the Owner of such directly affected Lot shall also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class B Control Period, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided that the Owners of all Lots directly impacted by the proposed revision must approve the proposed amendment. Copies of any proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 12.3 Amendments By Declarant. Notwithstanding anything to the contrary contained herein, the Declarant reserves the sole right to amend or correct this Declaration, the Articles, the Bylaws and the Plat until Declarant no longer owns any Lot in the Property or the expiration of the Declarant's annexation right set forth in Article 14, whichever is later, without the consent of any Owners, Mortgagees or other persons claiming an interest in the Property or the DECLARATION OF COVENANTS, CONDITIONS, RESlRlCTTONS AND RESERVATIONS (EAST RENTON) PAGE 27 Association if such amendment is needed to (i) bring the document into compliance with any rule, regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments; (ii) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of Lots, Tracts or Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to receive service of process for the Declarant. Section 12.4 Effect of Recording a Supplemental Declaration. If a Supplemental Declaration is used to add the Annexation Property to the Association it shall be effective upon recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration or any amendment to the Declaration adding the Annexation Property, such property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration, and the . Association shall assume such additional obligations as are set forth therein. Article 13. INSURANCE Section 13.1 Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance; worker'S compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft or other causes with such deductible provisions as the Board deems advisable; and such other insurance as the Board deems advisable. The Board may also, in its sole discretion, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers and representatives from personal liability in the management of the Association's affairs. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 13.1.1 Notwithstanding anything to the contrary contained herein, for so long as the Declarant controls the Board, the Declarant reserves the right to include the insurance obligations of the Association within a master insurance program controlled by the Declarant and upon doing so, the insurance obligations provided for under this Declaration shall be deemed satisfied. DECLARATION DE' COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 28 Section 13.2 Owners' Insurance. 13.2.1 All Lot Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and as the Board deems advisable. All insurance shall be obtained from insurance carriers that are generally acceptable for similar residential properties and authorized to do business in the state of Washington. All such insurance policies shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to the Association. All Lot Owners shall provide the Association with proof of insurance upon the request of the Association. 13.2.2 The property insurance maintained by each Owner shall, at the minimUm, provide all risk or special cause of loss coverage in an amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rule or regulation establish. 13.2.3 The liability insurance coverage maintained by each Owner shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the Lot and such other risks as are customarily covered for similar residential properties with a limit of liability of at least $300,000. 13.2.4 Any portion of the Home for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance. Article 14. EXPANSION OF COMMUNITY Section 14.1 Expansion of Communitv bv Declarant. Declarant may subject all or any portion of the Annexation Property described in Exhibit B to the provisions of this Declaration by recording an Amended or Supplemental Declaration describing the real property to be subjected. An Amended or Supplemental Declaration recorded pursuant to this Section shall not require the consent of any Person except the Declarant or the owner of such property, if Declarant is not the owner of such property. Section 14.2 Duration of Declarant's Right to Expand. Declarant's right to expand East Renton pursuant to this Section shall expire when all of the property described in Exhibit B has been subjected to this Declaration or 10 years after this Declaration is recorded, whichever is earlier. Until then, Declarant may transfer or assign this right to any Person who is the developer of at least a portion of the real property described in Exhibit A or Exhibit B. Any such transfer shall be memorialized in a written, recorded instrument executed by Declarant. DECLARA nON OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 29 Section 14.3 No Obligation to Expand Community. Nothing in this Declaration shall be construed to require Declarant or any successor to subject any additional property to this Declaration or to develop any of the property described in Exhibit B in any manner whatsoever. Article 15. MISCELLANEOUS Section 15.1 Notices. 15.1.1 Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 15.1.1.1 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 15.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): Toll WA LP 9720 NE 120th Place, Suite 100 Kirkland, Washington 98034 15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to' each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. Section 15.2 Conveyance: Notice Required. The rights of an Owner to sell, transfer or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Section 15.3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Member. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 30 Section 15.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. Section 15.5 Mortgagee's Acceptance. 15.5.1 This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee's Mortgage. 15.5.2 Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire property. Section 15.6 Citv Rights. The maintenance obligations of the Association, as provided in the Declaration or on the Plat, may not be amended or terminated without the written approval of the City. The City shall be deemed to be a third party beneficiary of this Declaration, with the full right to enforce all provisions relating to the maintenance obligations of the Association set forth in the Plat. Section 15.7 Severability. The provIsions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 15.8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 15.9 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 15.10 Effective Date. The Declaration shall take effect upon recording. [Signature on following page J DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 3 I IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first herein above written. DECLARANT: STATE OF WASHINGTON COUNTY OF KING ) Toll WA LP, a Washington limited partnership By: Toll WA GP Corp, a Washington corporation Its: General Partner By: Eric H. Campbell Its: Division President ) ss. ) I certify that I know or have satisfactory evidence that Eric H. Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Division President of Toll WA GP Corp, a Washington corporation, general partner of Toll WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated this __ day of ____ ~, 2012. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at _______________ _ My appointment expires __________ _ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) PAGE 32 EXHIBITC OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the various portions of the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and who pays the maintenance costs. Tract or Easement Owner or Easement Maintained By Paid By/Assessed To Beneficiary Individual Lots Individual Owners Individual Owners Individual Owners Tract A -Open Space Association Association Assessed to All Owners Tract B -Open Association Association Assessed to All Owners Space/Recreation Tract Tract 1-Detention City of Renton City of Renton City of Renton Irrigation facilities for Tracts A Association Association Assessed to All Owners and B and Irrigation Water and Power Billings Drainage Easement over Lots Benefits Lots 76-78 Owners of Owners of Benefitted 77-79 Benefitted Lots Lots Share Equally in Costs of Maintenance for the portion of the drainage facilities used in common. Street Trees Owner of Lot upon Owner of Lot upon Owner of Lot upon which Street Tree is which Street Tree which Street Tree is located is located located Sidewalks Owner of adjacent Owner of adjacent Lot Lot Street Lighting City of Renton City of Renton City of Renton DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (EAST RENTON) EXHIBITC , '. ,; 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 425-646-3515 888-272-5773 Fax: 425-646-3517 £.'f< TITLE ~ RESOURCES .sECOND 5 bd' .. G t F P GUARANTY COMPAl'City of RentolT u IVlslon uaran ee ace age Planning Division 40091975-1-E AW211011 Order No.: 40091975 Liability: Charge: Tax: Total: Guarantee No.: 92647000028 $2,500.00 $ 250.00 $ 23.75 $ 273.75 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: June 22, 2012 at 8:00 a.m. • Guarantee Conditions and Stipulations (09-12-08) 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 425-646-3515 888-272-5773 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. • 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sale option and cost, to institute and prosecute any action or proceeding. interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. or to prevent or reduce 1055 or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do 50 diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee. the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sale discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to 50 prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense. shall give the Company all reasonable aid in any action or proceeding, securing evidence. obtaining witnesses. prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation. the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company. a proof of 1055 or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the 1055 or damage. The proof of 1055 or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the 1055 or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of 1055 or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition. the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination. inspection and copying. at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company. the Assured shall grant its permission. in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation. shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee. the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or TRGC Form No.: 2647 Subdivision Guarantee • said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) . No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise TRGC Form No.: 2647 Subdivision Guarantee or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee ~cwti tlie ~ W'wW. CWTITLE. N ET tfi< TITLE 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 425-646-3515 888-272-5773 Fax: 425-646-3517 V!lY RESOURCES GUARANTY COMPANY SECOND Subdivision Guarantee Issued By Title Resources Guaranty Company Guarantee No.: 9264700002840091975-1-E Schedule A Order No.: 40091975 Liability: Charge: Tax: Total: 1. Name of Assured: $2,500.00 $ 250.00 $ 23.75 $ 273.75 Toll WA LP, a Washington limited partnership, and Mead Gilman and Associates 2. Date of Guarantee: June 22, 2012 at 8:00 a.m. 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Toll WA LP, a Washington limited partnership c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: 1. CA) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MAnERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.: 40091975-800-T35 Guarantee No.: 40091975-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2012 1023059390 BILLED PAID $9,714.28 $4,857.14 BALANCE $4,857.14 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $4,857.14. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (AFFECTS: LOT A) 2161 $727,000.00 $ 0.00 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023059023 YEAR 2012 BILLED $13,466.06 PAID $6,733.03 BALANCE $6,733.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $6,733.03. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (AFFECTS: LOT B) 2161 $1,012,000.00 $ 0.00 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: THE CITY OF RENTON RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 5. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 7806130632. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 6. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON SEPTEMBER 23, 1986, UNDER RECORDING NO. 8609231227. 7. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON SEPTEMBER 23, 1986, UNDER RECORDING NO. 8609231228. 8. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4025 IMPOSED BY INSTRUMENT RECORDED ON DECEMBER 03, 1986, UNDER RECORDING NO. 8612031455. TRGC Form No.: 2647 Subdivision Guarantee Page 2 · . File No.: 40091975·800·T35 Guarantee No.: 40091975·1·E SCHEDULE A (Continued) 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20041223900001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY A PORTION OF SAID PREMISES JUNE 06, 2008 20080606000743 11. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5459 IMPOSED BY INSTRUMENT RECORDED ON AUGUST 06, 2009, UNDER RECORDING NO. 20090806000472. GM1/CSS Enclosures: Sketch I MAP Vesting Deed (Recording No. 20111118001341) All recorded exceptions TRGC Form No.: 2647 Subdivision Guarantee Page 3 · . ) ffl TITLE ~RESOURCES GUARANTY COMPANY SECOND Subdivision Guarantee Issued By Title Resources Guaranty Company File No.: 40091975.lJ00·T35 Guarantee No.: 40091975·1-E EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOTS "A" AND "B" OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L04L0055, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 !!? -;:::: ~'--' "j I :1 -. .". -CITY OF RIDITON, IfASKINGTO!! OIlDIJIlUfCII NO. 4612 At! 0!III:n:mmcn 017 'nIIl crrr 017 1lIlti'J'OJIJ, BSrlIDLIBBmG At! ABSUmmo-r DIsmIcr l70Il SlIInTAllY SlmVICII m A 1POll'rIa:r 017 TIIB lIOUm IUQIIT 8mS, 1I();lI]S, AIm ~. BUB-lIASmS AmI BftIIBLIIIIIJTlII3 = 017 'DIll nmRcm U1'O:I oosu,'" ixCXl:l '1"0 'DIll I7J1Cxx.rrxns. TIIB CITr COUNCIL OP TIIB CITr OP RBNTOH. IlASKINCTOII', DO $WlI AS POLLOIfS: There i8 bereby created.a Sani~ Service Special Assessment Distr1,s:t for tbe area served by Renton Sanitary Sewer Interceptor in the northeast quadrant City of Renton and a portion ot its urban grotfth area unincorporated King County. ~hich area is more described in Exhibit "A" attached hereto. A map of the area is attached a~ Exhibit "B." The recorc-ng of th~s docw~lt to provide notification ot potential connection and is charges. While this connection charge may be paid at any the City does not require payment until. such time 8S the is connected to and thus benefiting trOlll tile sewer facilities. :be property may be sold or in any' other ~ay chang .. hands triggering the requirement. by the City, ot payment ot the associated with thia diatrir.t. SgcTXQR :q: PersoDD connecting to the a .... itary facilitiell iD thio Special AIIOQOll1lt3I1t Diotrict IlIl4 tfhich p%1)pcilrt:leo ~ , ~ I I j 8 ~ ~ ii I i B -A w 8 ; f.· . r , . • " ORDINANCE 4612 have not been charged or assessed with all costs of the East Ren Sanit&1Y Sewer. Interceptor, QS. detailed in this ordinance,. S pay, in addition to the· payment of·the connection permit addition t~ the system.development charge, the following additio fees: A. Per Unit Charge. New connections of residential ~~~lli g units or equivalents shall pay a fee of $224.52 per dwelling un t and all other uses shall pay a unit charge of $0.069 per squa e foot of property. Those properties included within this Speci 1 AEsessment District and w~tch may be assessed a charge thereund r are included within the boUndary legally described in Exhibic • • and which boundary is shown on the mc.p attached as Exhibit "B.· SICTIOIf III. In addition to the aforestated charges, the e shall be a charge of 4.11% per annum added to the Per Unit Charg The interest charge shall accrue for no more than ten (10) yea s from the date this ordinance becomes effect;' Interest charg s will be simple interest.and not compound interest. SKCTIOIf XV. This ordinance .sh~ll be effective upon i s passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this lDXh day of . ....Io!JJ.lui1lnll::e'-~_.... 199· . City Cler 2 ---~ ~---......".--c---.-..... - ··.··0 ; , .i ORDINANCE 4612 .' APPROVBD BY THB MAYOR this ~ day of _J;..un=e;...· ___ _ ~96. 1,. Jes Mayor Appro~Qs to form: . .. . o<a.w '4'''''''~~ '1'- .' Lawrence J. Warren, City Attorney Date of PUblication: 6{14{96 ORD.S76:S/20/96:as. CD ~ Exhf"ft A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of SectIons 8, 9, 10, 11. 14, 15. 16. 17,21 and 22 alllnTownshJp N. Range 5E W.M. In King County. Washlngton SectIon 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Township 23N. Range 5E W.M. lying East 0 the East rfgbt-of-way line of SR-405 and South of the followfng descr1oe(nlne: BegInning at the intersection of the East llne of said SectIon 8 with the cen of NE 7th Street: thence Westerly along IIIlfd centerline of NE 7th Street intersection with the centerllne of Sunset Boulevard NE: thence Northerly the centerllne of Sunset Boulevard NE to the North line of the Southeast said Section 8: thence West along said North llne to the East rfgbt-of-way SR-405 and the termlnus of IIIlfd line. . § SectIon 9, Township 23N, Range 5E W.M. ~ All of that portion of Section 9. Township 23N. Range 5E W.M. lying South o East of the following descr1bed line: . CD Q) BegInnlng on the centerline ofNE 7th Street at Its intersection with the cen of Edmonds Avenue NE: thence Easterly along the centerline of NE 7th S Its intersection with the centerline of Monroe Avenue NE: thence North along centerline to the South line of the Northeast 14 of said Section 9; thence . along said South line to Its Intersection with the centerline of Redmond A, . NE; thence Northerly along said centerline to Its Intel,·, :tion with the center NE 10th Street; thalce East along said centerlir.e to thlj East line of said 9 and the termlnus of said line. SectIon 10, Township 23N, Range 5E W.M. All of that portion of Section 10. Township 23N. Range 5E W.M. lying Sou and Westerly of the following described line: . BegInnlng on the West line of SectIon 10 at Its intersection with the North the South 'h of the North 'h of IIIlfd SectIon 10; thehce East along said North e to Its intersection with the centerline of 142nd Avenue SE: thence South rly along said centerllne to Its Intersection with the North line of the Southeast of said &:Ctlonl0; thence East along said North line to Its intersection with the t line of said Section 10 and the terminus of said line. P:OOA f .w=;va.10"":UCavt:laI ...... "*-_ • , " I , ·. 't .. . ~ .. h • I , .. . ' l.egII1 ~tion 0/ the Sptdal Asstssmtnl District .,;/r1r;.;.,,;;;lht::,.C,;;;I""'/y:..:;of"'Ren=.:;/on:::::..-...:f.Ds=I.,:;Ren='Dn;,;;,;;ln,;;;Itrr:tp::..=l;.::tor::..... _____ --: ____ Po 20 3 SectIon 11, Township 23N, Range 5E W.M. All of the Southwest ~ of SectIon 11. Township 23N. Range SE W.M. .. SectIon 14, Township 23N, Range 5E W.M • All of that portJon of Sectlon 14. Township 23N. Range SE. W.M, d:escr!llc:d as follows: All of the Northwest ~ of said sectlon. together with the Southwest ~ sectlon. except the South Y.. of the Southeast ~ of said Southwest ~ and the plat of Mclntfre Homesltes and Y.. of streets adjacent as recorded In th of Plats. Volume 58. Page 82. Records of KIng County. Washington. and the South 151.55 feet oCthe East 239.435 feet of Tract 6, Block 1 of Ced FIve Acre Tracts as recorded In the Book of Plats, Volume 16. Page 52. Recctd KIng County. Washington. less Y.. of the street abuttlng said portion of Block I, and less Tract 6. Block 2 of said Cedar RIver FIve Acre Tracts, I the street adjacent to said Tract e, Block 2, and except the South 82.785 the East ISO feet of Tract 5. Block 2 of said Cedar River FIve Acre Tracts Y.. the street adjacent to said portion of Tract 5. Block 2. SectIon 15, Township 23N, Range 5E W.M. All of that portion of Sectlon 15. Township 23N. Range 5E. W.M .• exec t the· Southwest ~ of the &:-uthwest ~ of the Southwest ~ of said sectlon. Sectlc'!, 16, Township 23N. Range 5E W.M. All of that portion of Section 16. Township 23N. i-~ nge 5E W.M .. excep portion of the Southeast 14 of the Southeast 14 of the said Sectlon 1 G lying the East line 01 the Plat of Maplewood DivisIon No. 2 as recorded In the Plats Volume 39. page 39. Records of KIng County Washington and Its No extensIon to the North line of sald Southeast ~ of the Southeast ~ of th Sectlon 16 and except that portion of sald section 1ying Southerly of the No right-of-way line of SR-169 (Maple Valley Highway). Section 17, Township 23N, Range 5E W.M. All of that portion of Sectlon 17. TownshIp 23N. Range 5E W.M .• lying Northeasterly of the Northeasterly rtght-of-wa/ of SR-169 :Maple Valley way) and Easterly of the East rlght·of-way line of SR-405 less that portion generally West of the East and Southeasterly line of Bronson Way NE J ~-~~----~-------=~=========-.~ I :' , .. -.... ,..: . :..,. ' , " between the South line of the NE 3rd Street and the Northeasterly margin of 4OS. . .' "..' . . ". "c. " >,.:.' '. . .... ,.:.' ..... " ., .. '.:: .... . . ~< .~J : '.:.: ', ..... : ~on 21, TownshIp 23N, Rangs5E W.i\Il.· .. , ... All that porlfoDOfSection 21; TowDshIp' 23N~R 5EW.M.JYh;g·North~terly the Northeasterly right-of-way line of SR-169 (Maple Valley HIghway) and West the East line of the Plat of Maplewood DMs10n No. 2 as recorded In the Book . Plats. volume 39. page 39. Records of KIng County. Washington. .. SectIon 22, To~hlp 23M, Range 5E \N.M. . All of that portion ofSect1on 22. Township 23N. Range SE W.M. described follows: . . . All of the Nortltw<!st 14 of the Northeast 14' of said Sect10n 22 lyJnJ! Northerly Southerly line of the Plat of Maplewood HeJgbts as recorded in tlie Book of volume 78. pages 1 through 4. Records of KIng County. Washington. Thgether With the North 22'/.11 feet of the West 97.02 of the Northeast 14 of Northeast 14 of sa1d Sectlon 22. • • , • ·r Exhibit B EAST RENTON NTERCEPTOR Special Assessment District Boundary e SANTARY SEWERS -!Ie-~Worb ~.YIoowokJ 20 M.., 1996 ' .. 1ZT...7."2J - ','-," .. '. " ',' , I I i , ' s· I 1 l f f I I , I f I I I . it,,, "~ ,7: "f. : :~,'I; ~: .~ . , ~', " f .-'... , ~":: .,.~:. £, '. ' , * :1~' ~;; ,.,. .~ .;.., ,", "':" .... , " C\J 8 g c.'J ~ ';:,' ' . DECLARAT lQi; STATE OF Countll OrJ1bix On w. 4aV CQunty .,-.LJV-'-<-;k. ____ ..,...,,~1 On ,hi", --l.li~~~~i~~~I~~i~~~~~~A~D~. ~' ~92.1zY.b1.·~b.(." m~ Ih, .nJ". duly commiltioned (or=:.::6;".;-;;u;;,"d lI~knowledged t? me Ihllt and vo!uni.llry aet lind deed rncntiO)l1eJ, and on or:th b~en revoked and that the .,.id yIort Pago X of.5 .~ < ." ·2 .> -, OECLARPTION OF' COVENA,;r Know .11 men oy these pr~sents that ~e I!) the undersign~, owners in fee simple of the land described herein, hereby ~ec1are this covenant alld place same on recci'"'d_ We (I) are (am) the ""nsr(s) in fea ,jm,;e of the following desc"ibed real Htate situated In King County. Stat. of Washington, to wit: .r "\1'\,,-tle~"\-"'" 'I"" _" .... " ... (\ed-'" ')", co{'. 'l-'1,,_ t\o.-y\.. 'I .... 0'" I-h ... [)Q .... thL;9,,a .... 'hi Q{: }h.!), So,),\··bE~:;.t '/4, '1'$> ("hlp;"), 'W;g9,d,. on which we (I) desire a sln91, family residence serviced by • septic tank and drain field. NOW. THEREFORE, we (1) agr •• and covenant that said ""ned_). the,r successors and assigns .,111 not C~r.stM,ct, ~.int.in, or suffer to be constructed more ~han cine single fomlly residence unless such second and subsequent residences are connect~d and receive sewer' servlco from a legally constituted sewer d1strlct or mun'clpallty. It Is further agreed and covenanted that the above identified property will not be subdivided for residentl.l purposes unless served by a public sewer. These covenants shall 'run with the land .nd shall be binding on 411 parties havirtt} or acquiring any ,.1ght. title. or interest in the laud de~cribed herein 0. any part thereof, as long as septic tank service Is required for the first residence or until a r~l •• se of covenant is fll~ by the Seattle- King County Department of Public Health or Its successor. Witness (jUT hands this _-,:-,~,-'~_" ___ day of 5..-. ... -P"-c.r-< .... ;....v- ~ l:..-"·'': ~ ::: -:.- :;L -~ ~ ;:~,~ a.. :-....... ..... c:: c'- State" of Ifa'hlngton COiInty of King Owners 86/::::;:9 .... 23 r'ECD F CI'lSHSL 5.00 ***..;..5.0CI I, the undersigned, a Notary Public i," anri for the .~ov. nallU!d County .nd~~7ate, do hereby certify that on this / .. '" day of "",4:' , 19~, 'f? __ ~, '.1_. .' -') /. ;. \ "f} .. '", < ,II ( .. " -/-i ~"d '" j ~I .<; .'j -q _)b( I l r.-. -.''1'''''-'''' "I 6 ..... '''',·..:'~·'''7'''' .. ~"' .. _>'-________ _ to m& known to be the individuals described If! and W;,Q executed t,tIe within Instrument. and acknOl.l.dge that they signed and •• a1ed the .... e' .i-~ ... (hi')(herl (thelr) froe and voluntary act and deed, for the uso, and purposes he...,.ln mantlol1<l<l. Given under my Iland and Official seal the day aM ye.,' last above w~Hten (N~;~;:y'Pul\'l'iC residing at ( j "~r.~' .. fa,:'t~';~teof washington ,. ~:s-';r';;';·,C(:~=---____ _ Flt.IWG; ......... ~ .... ,."--,~....-.. , .. " i· ... ·w .' .,~, ..... ,,,. I i ilECLAAATlON OF OOYEIWIT Know 811 IIIh by tholo p ...... nt thlt I ( ... , tlUl .ndtt,,.lgnad. """er __ tn foe .llI$il0 0' ihB lend ... ocrlbed h ..... ; •• ho ... by dttch .. this co~.n."t and plac •• _ iIII ... cord. I ( ... , .... (."", tM ...... r In 100 o;lI$ilo of (In Into' .st In) tho fallowing •• cribed ..... 1 eatat. sltoitilln _ unt)'. State of Washington, t. Wit: c \' \ 'I 0, "",",s, NoeTh II ... Q~ '\-bs " ~~ Co on ""lch I (wa). """ Ind ~""rlte • well or ... te ..... rks supplying ... ter for private Irrigation use located ~n .ald ..... 1 •• tate, t. wit: t:l1 Q f!.s<t 't1{}b+ g.ar S~ ...... \-}.,rl*1»O 601ic;''''' coepse ;30 £'=-..."\-Noc.t.b..-. Q£t:''12 en p etCk"' b .. 0 1" ___ . and ... C ..... l-'required to keep the ... ter supplied ,_ said well for Irrlgatton PUrpo;sel 'only. ' D 8E>/09/23 #1218 REeD F 5.013 CI=l5HSL :+...;.**5.00 NOW. THEREFORE. I (wqJ. agree Ind cCV9nan~ thlt .ald OWner • hi' (her)(thnlr) lucca.flon and autgnl wtll not usa said wato'" lIuppl,y fof' any other purpose o~har­ thon p.r •• t. Irrigation. Said water .upply sholl nat be uted in.,.), manno, fa, private da ... tlc u.e. The •• co .... nts .hall run with the lind .nd shall be binding on .11 p.rtle. having 0, acqul.lng ony rlgh~. title, or Int.ro.t In tha l.nd described hareln or any part then.of. at long I •• afd well or watenmrb is usl!d for thtr pUW'j)Ose of' supplytng Irrigation woter. , 19<~ ---------~--~ =~~~~~-~' ~;..-. ~-~ ~.C~~L(:~(·r?~d(~=:z.~~? j.a ,;iV'''''''',"" J f1. -<-k:v_.I",,_-et :'0 :.u kki:I~ to b. t~. ~f/'1.r.tual~:!&"r1bcd. iA and ",ho axscutod the ",1t11111 1.::.-..... -.r:. a.od. aclc:<lvlodao th&t he (t!.<07l o1if!1d <Ai .aAloa ~ um6'lo ... llRppf • .t'IIo "\:""g. 90l~ act. a.a4 :be, lor ;:0 UDOa G.:.4 ~4CO theretJ1 MC-;~. , "'. -/".~ •• ,_. '., L' "'" '-.\_~ " .. --.~ ...... -\-----. . :. .. ?L ..... ...::.4C.~ 0: a.CQ::-C.~ a.1".i:i .s::..c.-:.!g.:l,J ?oe=. 311 .. CrJ~'t.7 .v. .. 4 "",t.:'l.i,!QG. 3u:!:.i!!..i 1..-:';:' Ii ;&:;<1. $1.00 t~r 13t ,a,,, (c~P1' W""...l:, :I~;tod t: •• a:. .CO t;)", tacOot. .d.d.1 :.icnal ,s., ... !o&-:'-::G, : .... ~...o:t ;a1.~ .;~ !:~ .... '::: ~ t; '" ." -,.-... .-., ~ '" :.;.; ~ n; --"';1 < ~ ~ v: ~'. •.•• ' li .,; !'< .... '. ,., ------ , ... , .... ~.'.;", -. '(''') i;"J:U· ~ , '\16" \ I:>'b'l'ON, WASHINC'l'OitW,L Illr. ' , : QRJlIllfijfl E NO. 4m t\'I'11':: '" \,' ',I. P AN ORDINANc;r iJ)'P '3'IIt,et1Y or RE!I'I'ON, WASHINGTON, ESTABLISHING AtJlliOPOSED ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN TNE HONEYCREEX INTERCEPTOR SERVICE AREA AND ESTABLISHING THE AII0UNT OF TNE CHARGE UPON CONNECTION '1'0 TNE FACILITIES. 01' '/''>'", ~: t I), t,n,:' H~10.('o 11 THE CITY COUNCIL or THE CITY OF RENTON. WASHINGTON, DO ORDAIN AS FOLLOWS. SECTION I, Thera 1a heroby croatod Q oanitory DOVor oerv!ce special aODeDOment diatrict for the Ronoycreok Int.rcoptor orea in the northeaot quadrnnt of tho City of StohtOJ'. tfhieb ,',rea io more particularly deacribed DO ~ollovol See EXhibit -A-attaChed hero to ond made a part hereof as if fully ae~ forth herein. A map of the project area 10 attached aD EXhibit -a-ond made a part hereot GO if fully Det forth.) SECTION III PQroono connecting to tho oonlt.ary DOWQr facilitieD in ~hio Spacial ADDeDDmant D1otr1et ~1eh preport!oD havo not been char9ad or 8Doeooed with tho coot of tho aonitary DOVOr moin, ahall p."y in addition to tho paym::Jnt 02' .~ connectiOft permit fee and in adaition to the 9anoral focility Ond trunk connaction charta. the foll~ift9 additional foool A. Area Chargea (Sea £rdtfllttt GAG 0R:d GOO) Rooldenco ~11in9 unita, opartaanta or equivalentol $250.00 por ~II1n9 unit Commercial Oovolopmentl -5e par oqaaro foo~ of ,rOOD Oito arOD B. Front Footage ChargoD. (500 """I~ft "Co lIOd 00") There 10 hereby created a Dub41otr1ct vithln the Honeyereek Intorcoptor Special ADooDomont D1Dtrict conalotinq of propertioQ front!n, on Intorceptor Sew.rl fl'.Ei fOR KrCilRD AT fiiiti.'m JF C2H i IFitA1'fl . I. tftI~ "nine E. PIotor ~c1Gt:1 ClIJ at IlcaIc:l, ~ CIlII!i b Elti) "'.0 .... cndClallal-W11 Rrt!tP"asn 'e ·4025 Sute_ Old Ilc::#od 1II!:>..J!!L, t::1d'11!se!!1o~ 72ee s&C~_ CII¥, CIcota ORDINANCE NO. 4025 The propertioD to bo DDDGDDQd for front footago a~e morc portieu14rly dODcrlbo4 1n Exhibit ·c· attached hereto and ~do a port horeof DO If fully Dot forth. The front footo90 char90 aha11 be '37.19 per frontage foot, reprooentlnq $74.38 par conteI' line foot 41v14od oqually for property frontln9 on each 01t.8 of thct conteI' lina foot. SECTION 111. Thio Ordinanco 10 offoctivo upon Ito PODUQ90, approval and thirty C30) doyo cftor pUblication. PASSED BY THE CITY COUNCIL thlo 17th doy of Jlovcmbor. 1986. APPROVED BY TIlE IlAYOR tlllo 17th day of Rovaabor. 1985. Approved AD to forml DAta of Publication, NovCi:llbGr 21 p 19.' -2- E l " I PIT "A" AII[A tHARCtS OMIttANCE 1m. ~ ~ parcfl of land sttulted in Seetla'is 2. 3.4.9. 10 and 11 of TOWT'lshtp 23 ~orth ,nCl S!ctfo", JJ '1nd 34 of TO"f!".stltp 24 Ncrth. 111 In Ron;, 5 ElSt. kI." .• more particularly descrtbctd as follows: 8EGJNNING at 0 point (1-, tho North Mr;f" of N.£. 27th St., also known as S.E. 971h SI. In .old Soctlon 4, dlslonl 386.4 feet .o.t of Iho ~.Sl lIne of saId S&ctton 4; thonee Horth parallel to lotd _ost line ond tts ext'nsion Into s.ld Section 33 to the Thread of M., Creek. thence £Isterl, along the lhr..d of M.y ere" .. through ,afd Stettans 33. 34 and 3 to the ~est .. rgfn of 148th Ave. S.E.i thence South along satd West ~rgfn to the North ltne of Stote Stgn Route 9Qe, .1so known os S.E. Renton Issaquah Raid; thencct Eosterly along said rood to the intersection of the [ut line of the !:lest qUlrter of sold S.'t10n 2. thenct South lIlong lG1d Eut 11nl through $Oc.tio" 2 ancl satd S<tctlon 11 to the South l1ne of the Nort~ holf of satd Section 115 th,nce west olong lold SOuth line throuth Sauton 11 to t"'e unter of satd Section 10~ thenca continu:tng "'est along sotd South line of the ~orth holf to tho lost "ratn of 138th Awt. S.t., also known as Du~all Ave. M.E.~ thence Northerl, olong satd Eost -.rgln to the North l1ne of the Sout" qUlrte,. of the North holf of sold Section 10; ther.ce West olong latd North ltne to the Eost .argln of 132nd Ave. S.£., olso tno~ as unton Ave. N.E.i thlnce North along sotd East ~rvln to the center line of 5.E. 116th St •• also tnoan as H.E. 10th St. ond tho £ostorl, e.tanston of the South Uno of tho Plot of Snlnm>od, 01o111on 2, o. f'OCOl"llOd In V.l .... 72, pogo 46, records of King COunty. N'.i thence Nest 'olong 141d South l1no to tho Southeast corner of Lot 16. Block 6 of s.td plot; thence NorthRrll olong tho lost lines of t.1I 16 throuVh 11 Inclu.ho to tho South "'''9ln of N.E. 11th St.; thefte. l~orttMsterl1 to tho South'lst corner of lot 10 In Block 1 of u1d plot. thence Northerly GIang the [.St lt~s of lot lO'\hrough 1 tnclus1ve Gnd tts e.t~sion to tho horth ~rg1n of ~.E. 12th St •• thence Hell along &a1d horth ~rgln to the $Oytheast co.".r of the Plat of 8o:aarc 01 recorded 1n VolU11t2 59. page ';9, records of la1d county, thence North olong the East 11M tflereof to the North- east ,orner of said ,lotl t~n(e ~st along the Aorth IlnQ thereof 157.71 feet to tho Soutlleost comor .f Qwon AYe. rtg~t-of_y 01 c. •• rllled In V.I..". 3738 0' Deedl on P091 76. records of lold count,; thence conti~e u.st along sa1d North Una of so1d plot 110.0 feet; thence hortlt parallel tltth ~ cantertine of saId Qu •• n Aye. Ond Its •• Ienslon to the Nort~ ""'''9ln of Stote Sign Route 900, also tno;m os ~.[. SUnset Bhd.; thence i:hrlterly olong sold Aorth carg1n to the W •• I lIne Of t~. East 484.~Z f •• t of lhe SOUt~SI 1/4 .f the SOUthoosl 1/4 of satd lectton 4~ thence Aorth .Iong soid Hest Itne to tho South lina of the Plat of Hanel Creek 'ert IS NCOf"deod 'n VollD2 S9 of PJets on page 51. records cf utd county; thence EOlt Along the South l1ne thereof to the SCHttheost corner of Lot 9. 1n B10et 2 of satd plot. thanee Aorth Gnd ~est Dlong the [Dst ond Horth 11nes of lot 9 to the right-of~." l1ft2 of ~.£. 11th PI •• ~",a hDrtheost Ind t~orthwast along tho Southeast lind Northeast C!lrg'n of said ~.[. 11th PI. to the SoutheasterlY comer of Lot 11 •• n Block 1 of s'oid plot; tNnee Rortheasterly ol.ng the South.ostorl, Itne t~'F90f 10 the Rortheost eomer of SlId LOI 111 thence Northwesterly 110ng the Northe~sterll ltnes of Lots 11 through 7 inclu- sive to the Rorth Uoo .f SlId plotl lhon .. ~sl olonV tho HOrth It .. thoreof 10 the Northbest corner of satd plot; thence South olong tho Hest l'ne thareof to the So.tlIeost comer of Ihe Ronho .. t 1/4 .f tho South><lst 114 of sold Sectl .. 4i thonea tlast alonl the South l1no of sold Qortheast 1/4 of tha Sou~lt 1/4. 4 d1stonco of 320.12 feet, thence Rorth 1307.0 feet to tho RD~ 11no of sold South=Qst 1/4 dtstont 322.20 feet ~est of the hortheast corner tb2roof; thenco ~elt along thQ 5ckIth ltN of tM $outheost 1/4 of Uta f:ortl=:tst 1/4 to thcit Southaelt comor tttC!rQOf~ .thefttGo north 010ftl u.a ttost J11tO ,of lotd ItSbdh1l1l." to the horthtoU cOl'n:lr of' the Plot of AIDho Ranch bo. 2 01 NCordad In Yohr:ta 82, pege 3. records of lDid count,. theMe IfHt 410ng tho Aorlll l1ne thclrvof t~ the Northolst corner of the Plot of Aloha Ronch 4S recorded in 'ol~ 11. page 7. r'tcorcts of sD1d county:, Uaance Host along Ute r:Iortli 11M ttteroaf to the SouthRrll Q.tenston of the Eost line of the Plat of Sandoa Terrace 01 recorded 1n ¥OlU32 67. page! 2. rocords of sDtd count,_ tben~o Aorth along sDid Southerly eJlt~nsion to tho Soutbc201t comar of sotd pJot; ,t~Q continua Aorth olong thcZ East ltnt of soid plot and ~ Northerll Clxtonston of sotd (ast 11M to tltcl ____ ~_ South morgln of 5.£. 91th St •• also ln~ as A.(. 27th St., thGnce hortbeosterl¥ to I potnt on the ~orth ~~g'n of said street dlstont 386.4 fett lost of the We,l lIn. Of ,ald. Secllon 4 ond POINT or BEGI""I"G of Ihls doserlptl ... E I " I 8 I T E I H I 0 I T ·C· F RO:IT FDOTAI;( CHARGES ORDINANCE !to • ...!.2!L- ~ partel of land sftuated 1n section 4, To~shtp 23 North, RInge 5 [ost. ~." •• mora parttcular.". dncrfbtd as fol1"otts: BEGINNING ot 0 point on the [ost .. rvln of 120th Pl. S.E. at the Interloctlon of tho ~esterlJ' e.tenston of the South line of the Plat of Paradiso (statal 01 recorded 1n Volume 95 of Plat' On Paga 93, records 0' K1ny County. Washington, thence tost .'ong ~.fd Wester1, extension and thQ South 1 no the reo' to G potnt 555.64 feet West of the (ost line of tho North=est quarter of latd Section 4, thence South p4r."el to !at~ £I't lfne 392.7 feet; theneo EI't parallo' to tho Sout~ ltne 0' Ihe Plot 0' '.radls, [ttetes No. Z '1 ~ordQd in Yoluma 102 of Plots on P.vo 31, records of •• Id Cauntt to the Eost 1100 of SOld Northwest quo.t.r; theneo South along Ilid Eost 1100 to tho contor of said •• ctlon; thoneo East olong tho North line of tho Northoost quartor of the "orthtQst quortor of !ho Southeast quarter of ,old seetlOll to tho IIorthoDit CO .... r 0' .old ,ub- dhlslon, thence South along the Eost It .. 0' sold subel .. l.lon to the Southeast comor thereof, thence East along tho horth ltno of the Southeast quarter of tho ftor-thwest quarter of the Southlllst quartor of 11I1d IOCt.on to the "orthoan corner of Slid subellvlslon; thenco South olong tho Eo.t 11 .. Of sold subell,lslon to tho SouthOost comor thoroof; ~ Esst olong thO IIorth It .. of tho South- out quartor of thQ Southeost quartor of sold soctton to tho Eost Itoo of tho ~st l10.57 foot of said lubdtwtslon; thance South along sold ,.,t lina to the North mlrgtn of Stlte S19" Route 900, also k~ 01 R.E. Sunlat 81,d.\ thence Westerly 010"9 said ~rth ~rgln to the West lina of said subdl,'.'on. thenco continuing ~est.rll olong sold North oorgln to tho Host 1100 of tho EOlt 484.62 feet of the Southoest 1/4 of tho South.o't 1/4 of sold soctlon 41 thonco north along sold w.st Iino to the South 11 .. of tho Plot of Mono, Crook Port os recorded tn Volum2 59 of Plots on PogO 57, rvcords of sold coun\l; thonco East 110ng the South line th~~' to the Southeast cornar Of Lat 9. 1n Block' of satd plot. thence north Qnd He,t along tho list and Qo~ linal of Lot 9 to tho rlght-of-wo, line Of N.E. 11th Pl.; thence Rorthoost and UOrthoost along thQ South ... t olld Northout ... rgln of sold N.E. 17th Pl. to thO SouthOoStorl, comor of lot II, In Block I of SOld plat; thence Aortboostorl, olong tho SOutheosterl, Itne thereof to the ".rtheut comer of sold lot 11; _ IIorth:Iestor11 olong tho Northe .. torl, Itnes of lots 11 th .... gh 1 lncl •• 1.0 to tho fIortlt 1100 of •• ld plat; thence ~st along the North ltno thareo' to tho nDrth=ost comar of said plat; theneo SOuth along the Uast line tho"" to tho Southoost cornor 0' the North •• st 1/4 of tho Southoo't 1/4 of ,old Section 4; thoneo Uest olong the South lino of sold fIortheast 1/4 of the Southwo,t 1/4, • dlstonco of 320.12 . feet; thenca 'Iortt' J307.0 feet to tho ftprth Uno of sotd SOutheAst 1/4 d1sUnce 322.20 feat Host of the Northeo" comer thereof; thencO Host 0101\9 tho South line of tho lost hoi' of tho Nortl\;:;!st quartor of sold soctlon to the Southoest cornor theroo'l thonco Rorth olorig the uost 11 .. of IOld E.lt holf to the South .... In of S.E. 97th St •• 01'0 kn ... as N.E. 27t. St.1 thonco Southoostorl, 810ng laid IIIIrgt .. to thcJ tnterlKtton of tho thrHd of tton::Jy Croot. IDtd tntorsoctfon also betng Q potnt on the kutheostorly lDQ.,.tn of 120tlli Pl. S.E.; thernco con· tlooln9 Eo'torl, ond Northorly .long tho Eoster17 corgI. 0' IOld 120th Pl. ·S.E. to tho tntersoction of tho ~Olterl1 oa~lnJtDn of tho South ttna of I4t4 "ot of Poradlso Estotes and POINT OF 8EGINAI"G of this doserlptl ... ---...... LI-86510 [IHIOIT , , [I""IT .,. t,'· liM , • I T ! '. " .. ' •• ..!...I._J.r~ ...... 1 1 .. C' ..... :--,.~I , .-....: " ' : --~~-~~~~~~~~~~~~~-------- II) .. ., .,. ... ~ ... ~ ", •.•. JICt ,..,. ~ l I • I • I' ... ,.., fWl .. aa.u • , , . ! • ., i~ ~~ "' a- ~! !;;:~ §" ., I" « " u: F '" w " '" '" 5? ~ '" :J '" " Z « ~ I" « " u: F Vi '" ~ '" " 0 Z '" '" ~ :; '" " 0 '" 0 '" " a. '" a. '" .: , >z ," 0 . ~0 ?:c::O : "' §j~ ~ ~ ~5~ ; n I ~~~~ g >-f i5m •• ~~ ?!-. 0 0,( V10 . u ~«U . : G:: :::;:;;:: -I" ~~~§ . 8 w "> "'!l:'.G:1=' ::::;~5a.. ~<l:ob; ~~'6~ ~~6~ tIlt3[:::J ~[~'~ '_r£C!J1 ,. ";j 0" N' .. . :'~~ "'k' It . u: b~~ """ ~<>;g 1ft f-; ~'&~ ~~ :::l-'Vl 8g B wm" ~~~ 0>0 '-... ,., E!~ ='-;1: "<" • • g ~:i ;; e ~~ • ~ ". ~ :te 0 ~ ;.ii ~g ~i ~§ 9 ~ ~, *~ s· §'" ~ ~~ ~~ ~; so ~;; ,> :-~ !-; ~ vO~~vCIO;)= -ON '~3~ 'lW{)1G~1 ·C~ -"'u ·00 ~~~ " 101 r r c 0 8 ci , ~ ~ 0 0 \----"----L::......J..:-1 .. i~ " ! " , ~i ! ~> ! .' " (Il ~~ r , iL 0 ~~ = %~ ~ ~; roo. g~~ r 0 1.,3 ~~ :!.l !.1l''I ~ ~'. o' ~~~ 'S!_~ -< ,,' ' .• RETURN ADDRESS: PugetSo~'nd Energy. Inc •. Attention:, RIW Department (Z. Bergman) P.O. Box 90868' Eat D6W Bellevue. WA 98009 REFERENCE #: EASEMENT GRANTOR: CornWest Eaet Renton, LLC GRANTEE: PUGET SOUND ENERGY,'INC. ORIGINAL SHORT LEGAL: Lots A and B; BLA flL04L0055, KC Rae. #20041223900001 ASSESSOR'S PROPERTY TAX PARCEL: 102305~9390 Bnd 102305·9023 For and in consideration of One Dollar ($1.00) and other valuable consideration In hand paid, i for purposes hereinafter set forth, a nonexclusive across and through the fOI~ng described real property f'Property" herein) 200BD606000743.001 LOTS AANO B OF BOUNOARY L1~EADJUSTM.E;NT NO. L04L0055. AS RECORDED DECEMBER 23, 2004 UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMEItT No.1: Al.l. STREETS AND ROAD RIGHTS..QF-WAY (BOTH PRIVATE AND PUBUC) AS NOW OR HEREAFTER DESIGNED, PLATTED, ANDloR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS Cl.AUSe SHAl.L. BECOME NULL. ANO VOID.) EASEMENT No.2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES l.OCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES'OF SAID PUSLIC STRESTS AND ROAD RIGHTS-OF-WAY. EASEMENT No 3: A STRIP OF LAND 5 FEET IN WIDTH ACROSS Al.L LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROP.ERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF AU ALLEYWAYS AND PRNATE DRlVES. EASEMENT NO.4: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS-AND RELATED FACIUTIES ("VAULT EAsEMENTS") ADJACENT TO EAsEMENT AREA NO.3. THE VAULT EASEMENT MAY OCCUpy UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH O~ EACH VAUl.T EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS~BUIL TVAULT(S). EAS'EMENT NO.5: A STRIP OF LAND 10 FEET IN ~WlOTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNOARIES OF 148m AVENUE SE. 1. Purpose. Grantee shall have the tight to use the Easement Area 10 construct. operate, maintain, repair, replace, Improve, remove, and enlarge one or more utility sY3tems for purposes of transmission. distributlon and sale of g~S and electrlclty, Such system may include, but are not limited to: Underground facilities;. Pipes, pipelines. mains, laterals, conduits. regulators and feeders for gas; con<luits, lines, cables, vaUlts, switches and transfOnners for electriCity; fiber optic cable ·and other lines, cables' and facililles for communications; semt-burled or ground·mounted facilities and pads. manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary Of convenient to any or all of the foregoing. Following the initial construction of atl or a portion of its systems, Grantee may, from time to time, construct such additional faclUties as It may require for such systems. Grantee shall have the right of acce$S to the Easement Area ove'r and across the Property to enable Grantee to exercise'its rights hereunder. Grantea shaU compensate Grantor for any damage to the Property ¢Bused by the exercise of such right of access by Grantee. . EXCISE TAX NOT REQUIRED CamWe$! Ea$t Renton. LLC 105051737 & 1070334221 06B907 Page1of2' King Co. ~rd. By M-)~, ~., DepIltY 1>;\\1>'0 J1 iMbI'O';" - r 20080606000743.002 2. Easement Area Clearing and Maintenance. ,Grantee shall have the tight to cut, remove _and dispose of any and all brush, trees or other vegetation. In the Easement Area. Grantee shall also have the right to control, on a continuing basis' and by any prudent and reasonable means, the establishment and growth of brush. trees or other vegetation In the Easement Area. 3. Grantor~9 Use of Easemont Area. Grantor reserves the right to usa the Easement Area for any purpose not InconsIstent with the righl$ herein granted. provided; hO'NElver. Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilltios without Grantee's prlorwrillen consenl 4. Indemnity. Grantee agrees to Indemnify Granlor from and against liability Incurred by Grantor as a result of Grantee's negligence In the exercise of the rights herein granted to Grantee, but nothing herein shall require Granlee to i.ndamnlfy Grantor for that p~rtion of any such nablilty attrlbutabie to tl1e negligence of Grantor or the negligence of others. 6, Abandonment. The rights herein granted shall continue unlli such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event. this easement shall terminate and all rights hereunder, and any Improvements remaining In the Easement Area, shall revert to or otherwise become tne property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reilian of Grantee's failure to initially install its systems on the Easement Area within any period of tim a from the date hereof. 6. Successors and Assigns. Grantee shall have the right to aSSign, apportion or otherwlse transfer any or all of its rights, benefits, prillileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall Inure to the benefil of and be binding upon their respecllve successors ~ assign.. ~ DATED this -5 . day of-'-_--"+--________ ,, 2008. GRANTOR: CamWest East Renton, UC, a WashingtDn Limited LIability Company STATE OF WASHINGTON) )ss COUNTY OF ) On this S~ day of ~ , 2008, before me, the undersigned, a Notary Public In and or the Slate of W~dUIY commissioned and sworn, personally appeared I • to me known to be Ihe person(s) who signed as of CamWest East Renton, LLC, a Wash ogton Imlted Liability Company, the company thai executed the within and foregoing instrument, and acknowledged said Instrument to be ~ free and voluntary act and deed and the free and volunlary acl and defd 2' Cam West East Renton, LLC for the uses and purposes therein mentioned; and on oath slaled that ~ was authorized to execute tl1e said instrument on behalf of said CamWest East Renton, Ll.C . . .:It ""A"'.1m>~.vrt-I" c, ~ i Y]<'7 !l\<:W/.!=Y IN WITNES!3 WHEREOF'f have hereunto set my ha amt"offlcial seal the nd year flrst above written. CamWast East Renton. LLC 105051737 & 1070334221'0689{)7 Page2of2 NOTARY PUBLIC in and {J t~tate of 1'1"1 Washington, residing at (. e1IvtfV1/h MyAppolnlmenlExplres: ;2-~/-j ( r , Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98057 20090806000472.001 .---'" ....... __ ._ .. -. Please print or type information WASHINGTON STATE RECORDER'S C over Sh eet CRew 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) I. Ordinance 5459 2. (Shamrock Annexation} ,. 3. 4. -' Reference Number(s) of Documents assigned or released: Additional reference #"s on page _ of document Grantor(s) (Last name firSt name, initials) J. CitX of Renton , 2. , Additional names on page _ of document Grantce(s) (Last name firSt, then first name and initials) I. Ci!i' of Renton , 2. , Additional names on page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) , , .... . , NE & SEquartcrs o[Section 10 & the West half of the NW & SW quarters of Section II, all in Township 23 North, and Range 5 East, W.M., King County, W k Additional'legal is onp,ge 5 of document. Assessor's Property Tax Parcel Accouut Number o Assessor Tax # not yet assigned . The AuditorlRecorder will rely on the information provided on the form, The st.ffwill not read the document to verifytbe accuracyor completeness oflbe indexing information provided herein. ' .. I am requestmg an emergency nonstandard recordmg for an additIOnal fee as proVIded m RCW 36.18.010.1 understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ______________________ Signature of Requesting Party l ." CITY OF RENTON, WASHINGTON ORDINANCE NO. 5459 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SHAMROCK ANNEXATION; FILE NO. A-08-001). 20090806000472.002 WHEREAS, under the provisions of RCW 3SA.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 26, 2008; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notifIed the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 3SA.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about, December II, 2008, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development the City of Renton having considered and recommended the almexing of said property to the City of Renton; and ;" t 20090806000472.003 ORDINANCE NO. 5459 WHEREAS, the City Council fixed February 2, 2009, as the time and place for a public hearing regarding the proposed annexation in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemcd the "Notice of Intention" approved as of April 17,2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.l20, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and sllch annexation to be effective on and after thc approval, passage, and thirty days after publication of this Ordinance; and on and after said date the property shall constitute a part 2 20090806000472.004 ORDINANCE NO. 5459 of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 124-acres, is bordered by the existing City limits to the north, south, and west, with the Urban Growth Boundary to the east; 148th Avenue SE intersects the annexation area.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTIQNII. This Ordinance shall be eftective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 1st day of_---'LJ".,uuu;e"--___ , 2009. Bonnie I. Walton, City Clerk' APPROVED BY THE MAYOR this 1st day of __ -"J""u"'n""e'-----____ , 2009. Denis Law, Mayor 3 20090806000472.005 ORDINANCE NO. 5459 Approved as to form: of~7W(;. e~ __ Lawrence J. Warren, City Attorney Date of Publication: 6/5/2009 ( summary) ORD.1547:4/24/09:scr 4 ORDINANCE 5459 EXIDBIT A SHAMROCK ANNEXATION LEGAL DESCRIPTION 20090806000472.006 Those portions of the East half of the Northeast and Southeast quarters of Section 10 and the West half of the Northwest and Southwest quarters of Section II, all in Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the point of intersection of the north line of the South half of the Northeast quarter of the Northeast quarter of said Section 10 with the westerly right of way margin of 148 111 Avenue SE, said point also being a point on the existiog City limit< of the City of Renton as annexed by City of Renton Ordinance No. 5147; Thence easterly along said north line,leaving said City limits, to an intersection with the Section line conunon to said Sections 10 and 11; Thence easterly along the north line of the South half of the Northwest quarter of said Northwest quarter to the easterly right of way margin of 14S1h Avenue SE; Thence southerly along said easterly margin to an intersection with the north line of said Southwest quarter; Thence easterly along said north line to the northeast corner of the Northwest quarter of said Southwest quarter and a point on the existing City limits of the City of Renton as annexed by City of Renton Ordinance No. 4829; Thence generally southerly, westerly, northerly and northeasterly, clockwise, along the various courses of the existing City limits of the City of Renton as annexed by City of Renton Ordinance Nos. 4829,4760,4924,5203,5161,5096,5147 to the Point ofBegiruling. , , ,! " I 'I r"a . c j u.).(= .- =I I -I Tf JJ.lJ ~D epartmen t of Community '0'& Eco nom ic Dev elopment .... Piel$d\,AdrrlNsntor AdrllN.,IcMIorI , PlannIng ~cMkiIn M(WCh 13, 200V .. 0 _0130-===:::5860 .... 1;10,COO , .. ~ 1 - f-i=I= l-h 20090806000472,007 / w 1-=11 !:HI I .1-- Shamrock Annexation t::!Clty umit. "" Sch I Sit ,,_II,. • 00 e '-uJAnn exArea II!IIParks Printed: 08-21-2012 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-073 Payment Made: 08/21/2012 10:32 AM Receipt Number: Total Payment: 1,545.00 Current Payment Made to the Following Items: Trans Account Code Description 3080 503.000000.004.322 Technology Fee 5012 000.000000.007.345 Final Plat Payments made for this receipt Payee: TOLL BROS Trans Method Description Amount Payment Check 000210 1,545.00 Account Balances Amount 45.00 1,500.00 Trans Account Code Description Balance Due 3021 303.000000.020.345 Park Mitigation Fee 3080 503.000000.004.322 Technology Fee 3954 650.000000.000.237 Special Deposits 5006 000.000000.007.345 Annexation Fees 5007 000.000000.011.345 Appeals/Waivers 5008 000.000000.007.345 Binding Site/Short Plat 5009 000.000000.007.345 Conditional Use Fees 5010 000.000000.007.345 Environmental Review 5011 000.000000.007.345 Prelim/Tentative Plat 5012 000.000000.007.345 Final Plat 5013 000.000000.007.345 PUD 5014 000.000000.007.345 Grading & Filling Fees 5015 000.000000.007.345 Lot Line Adjustment 5016 000.000000.007.345 Mobile Home Parks 5017 000.000000.007.345 Rezone 5018 000.000000.007.345 Routine Vegetation Mgmt 5019 000.000000.007.345 Shoreline Subst Dev 5020 000.000000.007.345 Site Plan Approval 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 5022 000.000000.007.345 Variance Fees 5024 000.000000.007.345 Conditional Approval Fee 5036 000.000000.007.345 Comprehensive Plan Amend 5909 000.000000.002.341 Booklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 5998 000.000000.000.231 Tax .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Aliff:" \ 'LOU R1203851