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HomeMy WebLinkAboutReport 01NEIGHBORHOOD DETAIL MAP w AY of Benton Division JON 2 6 ail." � w d- > SE 128TH ST ° Q w 4 Q w w cn Q j to _ LdQ Q SE 134TH ST r SE 134TH ST co o cl� CD SE 135TH ST SE 135TH ST w .... , I - cn SE 2ND PL (SE 136TH ST Q a SE 137TH PL co a c z NEIGHBORHOOD DETAIL MAP w AY of Benton Division JON 2 6 ail." 6635„ S_ R y 7 a - 5 Yd 6c p� :il64 �O ZZO iq f WU i S c ng > �R$ �zl6 52 ,ll Y.! ae '.a ,.a saa sta sis iaa yka i•i ik+ }di ?di 'di ?li as .+ ;af b�����%� [f7 i bfi6$as ail LOI _ IRO Y o a =�?n@Y�4 r — a ?8, ..],S 3nN3R5t-H1991-— :-47 > Z o LU W lf� I I I.� � �� �� r� •� �Sr-Y j1R ,� r �U I 111FAR LU LL LL U I rW1 — u i< I a ICNui _ O a NODDHI �AOHE3 kNOWilVH ru u S £ Pl3 f'J- s 9: O Z LU LL 161 j T. 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LUA 08-125 _JIWINDSOR CIRCLE A FIFTEEN LOT PLAT A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION A TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, ICING COUNTY, WASHINGTON LEGAL. DESCRIPTION TRACT B, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VO'.UME `.5 DF PLATS, PACE 91, RECORDS OF KING COUNTY, WASEM-ON. DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS. IN FFF, MR LE AND UEN HOLDERS OF THE [AND HLTEBY SUBDIVIDED, DECLARE THIS PLAT TO BE ME GRAPHIC REPRESENTATION OF SAME AND DEDICATE 10 THE PUBUC, FOREVER, THE USE OF ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AMD DEDICATE WE USE THEREOF FOR ALL FUSTIC PVR POSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC ROADWAY, UTILITY INSTAL -LION, AND STORM DRAINAGE INSTALLATION, TDGETHER WTH TRE RIGHT TO HAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOG{S SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GR -DNC OF THE STREETS AMU AVENUES SHOWN HEREON. ALSO. TRACT -B, IS HEREBY DEDICATED TO THE CITY OF RENTON FOR STORM WATER DETENTION% FURTHER, THE UNOLRSIGNLD OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERINNO TITLE FROM THE UNDERSIGNED. ANY AND ALL CLAWS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS, AND ASSIGhIS WHICH MAY BE OCCASIONED BY THE ESTARLISHMENT CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR ORANAGE SYSTEMS WTIA'N THE SU90IMSIDN. THE SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND ACREEMENT TO HOUG HARMLESS 15 MADE WTH THE FREE CCNSEN AND IN ACCURUANCE WITH THE UL51RE5 OF SAID OTHERS. ALSO THE SPECTIC CUNPTICNS AND/OR AGREEMENTS THAT ARE CONDITIONS OF THIS PEAT ARE MADE A PART HERLTO AND THE OWNERS AND THEIR ASSIGNS DO HERE AGREE TO ANO/OR COMPLY WTH THESE CONDITIONS, TRACT "E' IS HEREBY CONVMIVEYED TO THE WCIRCLE HOMEOWNEJYS ASSOC[A ROM UPON THE RECORDING OF THIS PLAT. THE WINDSOR CIRCLE HOA SHALL BE RESPONSIB_E FOR THE MAINTDANCE OF SAID TRACT. IN WA,PSS WHEREOF WE HAVE SFT MR HANDS AND SEALS, BY _ _ _ IIx WINDSOR CIRU CLE, C A WASHINGTON LIMITED LIABIWTY COMPANY im KAREN MCGRIFF VICE PRESIDENT WASHHINOWN FEDERAL STATE OF SS COUNTY OF 1 P`I THEDAY OF 20 _ BEFORE ME, THF UNDERSIGNED NDT ARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, PERSONALLY APPEARED _ _ . TO ME KNOWN TO BE _ OF THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID IN 51MMENT 70 BE THE FREE AND VOLUNTARY ACT AND DEED O SAID LW:TED LIABILITY COMPANY FOR ME USES AND PURPOSES THEREIN INENTIOMED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WTNE55 WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFIDAL SEAL THE DAY AND YEAR FIRST ABOVE WRI TCN. DATED SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC TIE MY APPOINIMENT EXPIRES STATE OF BE COUNTY OF ON THE DAY CIE 2C BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, PERSONALLY APPEARED %AREN M GRUFF TO ME KNOWN TD BE MICF,_PFESIDENT T OF WAsSHINGTDN FEDORA C. TWAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND MOLUNTARY ACT AND DEED OF SAID CORPDRATCN FOR THE USES AND PURPOSES THEREIN MENTIONED AND ON OATH RE STATED THAT THEY WEAUTHOREEFO M EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF.I HAVE HEREUNTO SCT MY HAND AND AFI%ED MY OTTOAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. 0A1Lo SIGNATURE CF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC TITLE MY APPOINTMENT EXPIRES OTY OF RENTON APPROVALS CGTY OF RENTON ADMIN153RATDR PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS DAY OF 26_ ADMINISTRATOR CITY OF RENTON ADMINISTRATOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEWI.OPMENT E%AWNED AND APPRID I} THIS DAY OF 20 ADMINISTRATOR FI AMINED AND APPROVED T115 DAY OF 20._.v. ATTEST: __., ._.._.__.-- CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINOUENT SPECIAL ASSESSMENTS AND IN 7 ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS. ALLEYS OR OTHER PUBLIC USES AAE PAID IN ME. THIS DAY Of _.20_ FINANCE DIRECTOR KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARF PAID, THAT THERE ARE NO DELINOUENT SPECIAL ASSESSMENTS CERTIFIED TO TFRS OFFICE FOR COLLECTION AND THAT ALL SPEQAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECROM ON ANY OF THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS. ALLEYS OR FOR OTHER PUBLIC USE ARE PAID HEREIN CONTAINED, DEMCATED AS STREETS, ALLEYS ON FOR OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF 20 MANAGER, FINANCE DIMSION DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY O' 20 ASSESSOR DEPUTY ASSESSOR 148750-0040 ACCOUNT NUMBER FP EO FOR RECORD AT THE R[QUCST OF THIE CITY OF RENTON THIS CAT CP 20� A,D., AT MINUTES PAST M. AND RECOROED IN VOLUME OF PLATS, PAGES _ RECORDS OF KING COUNTY, WASHINGTON DIVISION OF RECORDS AND ELECTIONS RECORDING SURVEYOR'S CERTIFICATE I. YAW AM SHUPE HOLMBERC. HEREBY CERTIFY THAT T45 PLAT OF WINI CIRCLE IS BASED ON AN ACTUAL SURVEY OF SECTION 14, 1CWNSHIP 20 NORTH, RANGE 5 LAST, W.M„ YANG COUNTY, WASHINGTON, MAT TH£ COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON. THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORgECTLY ON THE GROUND AND THAT I HAYS FULLY COMPLIED WITH THE PROVISIONS OF THE PLAITING RECU-ATIONS. DATE' W WAM SHUPE H3LI P.L.S., CERTIFICATE NO.11002 RENTON FILE NO. LUA 48-125 ,jam _ 1. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL OC DIVIDED AND SOLD OR 1. AN EASEMENT IS HEREBY RESERVED FOR AND (;RANTED TO CITY OF RENTON. PUGET 0 SOUTHEAST CORNER 120 SO. FT WINDSOR CIRCLE L S ASSOCIATION (HOA) SHALL BE RESPO 2. THE %NDSOR CIRCLE HOMEOWNERN3BLE STREETS, ALLEYWAYS AND PRIVATE ONIYES AND, THE EATERIOR 10 FEET PARALLEL WTH AND ADJOINING THE STREET FRONTAGE Cr ALL LCTS AND 1NACIS, THE A FIFTEEN LOT PLAT LOT I EASEMENTS ARE RESERVED AND GRANTED M ORDER TO INSTALL. LAY, CONSTRUCT. A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RENEW, OPERATE AND MA4NTAIN UNDLFIRROUNU PIPE, CONDUIT, CABLES NARES, JUHIMICTIM. LOT 4 CITY OF RENTON, KING COUNTY, WASHINGTON LOT 5 LOT 6 NB9'?0'19"W 2&23.92' (MEASURE?} __ _ Ne979'20`W 2621-9i' (MFA`URM) SBR01451 `y CITY OF RENTON NO. 1851 3 1/2' CURED BHASS DISC W/ CITY OF RENTOR N0. 1852 3' FLAT 64ASS A7 THE l y _ 253671' --"- :�.�-_� FOUND 3" BRASS UISC MEASUfttD - PUNCH MARK AT THE CONSTRUCTED IN IERSECIION OF CURRENT OR FOR TELEPHONE. E. CABLE TELEVISION.FERMI TRFTO NIGTIDNS (VISITED 7/28/04) FOUND 3' BRASS D'S_ 'N TERSECTION DF N.E. 4TH N 4TH STREET (SAE 12aM PERMANENT 6RNUCTURE SHALL RE Pi.ACEp %THIN THE EASEMENTS WITHOUT 171 (VSITEO 2/8/12) STREET (SAE 128TH STREET) STREET) AND 14ETH AVTNUE S.E. TRACT -8 FOR THIS TWO YEAR PERIOD, OR UNTIL THE LOCAL JURISDICTION TAKES OVER THIS MAINTENANCE RESPONSIBILITY. 2. PUBLIC WATER EASEMENT SHOWN ON LOT 5 15 FOR THE BENEFIT OF KING COUNTY AND 1401H AVENUE SHE ;VS:1 TP 2/8/12) (VISITED 2/8/12) WATER DISTRICT 90 FOR WATER FACILITES. h y EASEIAENT NOTES ,jam _ 1. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL OC DIVIDED AND SOLD OR 1. AN EASEMENT IS HEREBY RESERVED FOR AND (;RANTED TO CITY OF RENTON. PUGET 0 SOUTHEAST CORNER 120 SO. FT SOUND ENERGY COMPANY, DwEST, COMCAST, (OTHER PRIVATE UTILITIES), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE ^.\ ' S ASSOCIATION (HOA) SHALL BE RESPO 2. THE %NDSOR CIRCLE HOMEOWNERN3BLE STREETS, ALLEYWAYS AND PRIVATE ONIYES AND, THE EATERIOR 10 FEET PARALLEL WTH AND ADJOINING THE STREET FRONTAGE Cr ALL LCTS AND 1NACIS, THE w e r�N� LOT I EASEMENTS ARE RESERVED AND GRANTED M ORDER TO INSTALL. LAY, CONSTRUCT. LOT 2 TIME THAT THE IMPRDVEmEN'TS ARE ACCEPTED FOR MAINTENANCE BY THE LOCAL RENEW, OPERATE AND MA4NTAIN UNDLFIRROUNU PIPE, CONDUIT, CABLES NARES, JUHIMICTIM. LOT 4 VAULTS AND PEDESTALS WITH MCCESSARY FACILITIES AND DARER EQUIPMENT FOR LOT 5 LOT 6 ON SE 136TH STREET FROM THOSE LOTS MAT ABUT THOSE STREETS. THE PURPOSE OF SEWwC WS6ueD!vgpN AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, STML7 LIGHTS AND `y LOT 9 L0, 9 UTILITY SERVICE TOGENER WTH ME RIGHT 10 ENTER UPON THE LOTS AND TRACTS A7 ALL TIMES FOR THE PURPOSES HEREIN STATED, THESE EASEMENTS l y [,(< ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POS51KE TO THEIR ORIGINAL CONDITION. NO UNES OR %RES FOR TRANSMISSION OF '41rw `f CURRENT OR FOR TELEPHONE. E. CABLE TELEVISION.FERMI TRFTO NIGTIDNS LOT 15 6. AN EASEMENT COVERING TR ACT '0- IS HEREBY RESERVED FOR TWO YEARS ORELECTRIODATA OR DATA TRANSMISSION DUES SHALL BE PLACED OR PERMITTED NU BE PLACED BE W THIN THIS EASEMENT UNLESS THE SANE SHALL BE UNUERG NO FOLLDWNG THE RECORD INC OF THIS PLAT FOR THE HOA TO MAINTAIN THE PERMANENT 6RNUCTURE SHALL RE Pi.ACEp %THIN THE EASEMENTS WITHOUT 171 } RESPONSIBLE FOR MAINTAINING LANDSCAPING AND THE DRAINAGE FAPUTY W PEPMISSION PRO u EASEMENT OWNERS. TRACT -8 FOR THIS TWO YEAR PERIOD, OR UNTIL THE LOCAL JURISDICTION TAKES OVER THIS MAINTENANCE RESPONSIBILITY. 2. PUBLIC WATER EASEMENT SHOWN ON LOT 5 15 FOR THE BENEFIT OF KING COUNTY WATER DISTRICT 90 FOR WATER FACILITES. h y 3. THE 10' PRIVATE EASEMENT ON LOT 1 IS FOR ME BENEFIT O ME OWNER OF LOT 2 FOR DRAINAGE PIPE PURPOSES THE OWNER OF LOT 2 SHALL BE RE5PCN5!D_E it FOR MAINTAINING THE DRAINAGE PIPE SERVED LOT 2- 4 4. THF, 5' PRIVATE EASEMENT ON CCT 4 15 FCR THE BENEFIT OF ]FTE OWNER O LOT 3 FOR DRAINAGE PIPE PURPOSES THE OWNER OF LOT 3 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVNG LOT 3. 5. WE 5' PRIVATE EASEMENT ON LOT 7 IS FOR THE BENEFIT OF THE OWNER OF LDT 5FOR DRAINAGE PIPE PURPOSES, THE OWNER OF LOT 8 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 5. LOT AREAS S. THE 5' PRIVATE EASEMENT ON LOT 11 IS FOR THE BENEFIT OF THE OWNER OF LOT LOT 1 7.546 SO. FT. 018 ACRES 12 FOR DRAINAGE PIPE PURPDSLS. THE OWNLR OF LOT 12 SHALL BE L01' 2 5,695 50, FT. 0.13 ACHES RESPOhISIBLE FOR MAINTAININ6 THE DRAINAGE PIPE SERVING LOT 12. ...__._.. LOT 3 5,690 50, FT. D.13 ACRES LOT 4.. 5,685 SO. FT. 0.13 ACRES.. ._ . 7. THE 5' PRIVATE EASEMENT ON LOT 14 IS FOR THE BENEFIT OF THE CANNERS OF LOT 5 4,9Dc sq, FT. 0,11 ACHES LUIS 13 AND 15 FOR DRAINAGE PIPE PURPOSES. THE OWNERS OF LOTS 13 AND LOT 6 7,909 SQ- FT. 0.18 hC RES ]5 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING TQIR LOT 7 5.4.5 50. FT. 0.12 ACRES RESPECTIVE LOTS. LUN B 4,705 SO. FT. 0,11 ACRES LOT 9 5.574 50- FT O13 ACRES 8. THE 5' PRIVATE EASEMENT ON LOT 9 IS FOR ME BENEFIT OF THE CMLR OF LOT LOT W 6,131 SO. FT. U14 ACRES 10 FOR DRAINAGE PIPE PURPOSES- THE OWNER OF LOT 10 SHALL RF LOT 11 6,132 S0. FT. 0,14 ACRES RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 10. LOT 12 5,372 SSI- FT 0.12 ACRS LOT U 5,301 SO Fi. 0.12 ACRES 9. THE 10' CITY OF RENTON SEWER EA gAI ENT ON LDTS 10 AND 11 IS FOR THE PUBLIC BENEFIT FOR SANITARY SEWER FACILITIES. THE CITY or RENTON SHALL RE LOT 14 51 SO. FT. M12 ACRES LCT 15 5,701 SQ_ FT_ 013 ACRES RE SP ONS10.E FOR THE MAINTENANCE CT THE SANITARY SEWER FACILITIES, NOlg DEDICAT)ON AREAS S.E. i35TH PLACE 29.1a4 S0. FT. 0.67 ACRES 1. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL OC DIVIDED AND SOLD OR NORTH DEDICATION 10,901 SO. FT. 0.25 ACRES 5WWWEST CORNER 153 SIT FT RESOLD OR CWNERSHIP CHANCED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF MIS PLAT SHALL BE LESS THAN THE AREA REODIREO FOR THE SOUTHEAST CORNER 120 SO. FT USE DISTRICT IN WHICH LOCATED. s EAP ,rr� 1�. OT W 7'ea V' S ASSOCIATION (HOA) SHALL BE RESPO 2. THE %NDSOR CIRCLE HOMEOWNERN3BLE I OT IIRRFCCIC FOR MAINTAINING THE STORMWATLR POND OLTFAU. LOCATED WTH THE ADJACENT LOT I PORTION OF SE 1367H STREET IN UNINCORPORAIEp KING COUNTY, UNTIL SUCH LOT 2 TIME THAT THE IMPRDVEmEN'TS ARE ACCEPTED FOR MAINTENANCE BY THE LOCAL LOT 3 JUHIMICTIM. LOT 4 1. THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO DR FROM 5.E. 175TH STREET LOT 5 LOT 6 ON SE 136TH STREET FROM THOSE LOTS MAT ABUT THOSE STREETS. LOT 7 4. THE TREES SHOwN TO BE RETAINED ON THE TREE RETENTION PLAN SHALL BE LOT 9 L0, 9 MAIREAINEC BY THE OWNERS OF THE LCIS THAT THE TREES ARE LOCATED ON, CONSISTENT WITH RMC 4-4-1x1 LOT 10 LOT ,1 5, THE HOA SHALL BE RESPONSIBLE FOR MAINTAINING THE STREET TREES ANC LOT 42 LOT l3 PLANTER STRIP LANDSCAPING. THE HOA SHALL OWN THE STREET TREES UNTIL LOT 14 SUCH TIME THAT THE CITY OF RENTON HAS ADOPTED A MAINTENANCE PROGRAM, LOT 15 6. AN EASEMENT COVERING TR ACT '0- IS HEREBY RESERVED FOR TWO YEARS !MSR REV. FOLLDWNG THE RECORD INC OF THIS PLAT FOR THE HOA TO MAINTAIN THE LANDSCAPING AND THE DRAINAGE FACILITY WITHIN TRACT 'B'. THE HOA SHALL BE RESPONSIBLE FOR MAINTAINING LANDSCAPING AND THE DRAINAGE FAPUTY W TRACT -8 FOR THIS TWO YEAR PERIOD, OR UNTIL THE LOCAL JURISDICTION TAKES OVER THIS MAINTENANCE RESPONSIBILITY. NA11VE GROWTH PROTECTION CASEMENT AREA THE NATIVE GROWTH PRDTECTIOH EASEMENT (NGPE) ON THIS LONG PLAT (DENTINES ME ONSITE WETLAND AND DEEM THE CREATION OF ME NATIVE GROWTH PROTECTION EASEMENT (NGPE) CONVEYS TO ITIS PUBLIC A BENEFICIAL INTEREST IN THE LAND WTHIN THE EASEMENT AREA. THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND EROSION, MNNTENANCF OF SLOPE STABL TY, VISUAL AND AURAL SUFFERING, ANGPROTECTION OF PLANT AND ANIMAL HABITAT. 111E NATVE GROWN PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND F. IRE OWNERS AND CCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF DHE PUBLIC BY THE CITY O' RENTON, TD WEAVE UNDISTURB'_1D ALL TREES AND OTHER VEGETATION WTHIN THE EASEMENT ARE,, THE VEGETATOM %THIN THE NGPE MAY NOT BE CUT, PRUNED, COVERED BY FILL. REMOVED OR DAMAGED %THDJT EXPRESS WRITER PERMISSION FROM THE CITY OF RENTON. THE RIGHT OF ENTRY CHANTED HEREIN SHALL APPLY To THE AGENTS, REPRESENTATI YES AND EMPLOYEES CF FIVE CWNETRS OR SUBSEQUENT OWNERS OF THE UNDERLING PROPERTY. 2' BRASS DISC 1 3D.1`5' CASE _.T E 7/2B/D4) 2'23'W 1308,80' (NEASUREDJ' - HB5'S5'42'W - N8g'55'i2'W PAL. OSIl1pN 651.12' 853_Is. BASIS OF BEARING SE 1267H ST = SE 134TH _ST SE 1MM T wo SE 136TH ST I V II VICINITY MAP TRACT DEFINITIONS TRACT 'B' - S70RW DETENTION - TO BE OETNCATEO TO CITY OF RENTON FOR A SIORMWATLR FACNIY TRACT E' - SENSITIVE AREA TRACT - TO RE CANNEL' Ar MAINTAINED BY THE WINDSOR CRE HOMEOWNERS ASSOGATIOH nlrr � RENTOR sJR1rtr coNrxoL CONTROL LION PSI 7 1/2' DOMED BRASS 0150 WTH A PUNCH MART{ ON CONCRETE STREET SURFACE AT THE CPNSTRUCTED INTERSECTION or N C. 4TH STREET (SE. 120TH STHEETI AND 140TH AVENUE S.E. NORTHING 1A097B.9R9 FASTING_ 1314002237 ELEVATION: 399.549 FEET CONTROL MON 1852 3' FLAT BRASS IXSC ON CONCRETE STREET SURFACE AT THE CONSTRUCTED INTERSECTION OF NE 47H STREET (S.E. 125TH STREET) AND 148TH AVENUE S.E.. NDRTHINC: 18091 EASTING'. 1316525.616 ELEVATION, 454.770 FEET INSTRUMENTATION INSTRUMENT USER: 5 SECOND TOTAL STATION_ FIELDSURVEY WAS BY CLOSED TRAWERSE LOOPS. MINIMUM CLOSURE OF LOOPS WAS 1:22.000. IN ACCORDANCE %TH WAC 132 -`.30 -ORD. EXCEPTIONS ON TITLE 1 PREPARED BY E n co m Dass NUL PRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. NCS -504948- WA1 2. COHD!FACE NOTES. EASEMENTS. kDIEDPRCMSJONS C, 2000 U ER RE RDIN NUM ON THE FACE OF THE. SU 6, 2000 LINDEN RECORDING NUMBER s EAP ,rr� 1�. OT W 7'ea V' KJNG OCOROEO .UNE 2DDD06039op005. IN KIHc COUNTY, WASHINGTON. U,m *1 ENGINEERING & S RVEYING WE DOCUMENT ENTITLED 'EASEMENT' 3. THE TERMS AND P12, ' � Wc9Arrt W41NI Im UtA4 ^8 RECORDED APRL 12, G AS NDSOROCIR N0. X12041?000485 OF DFFI 2012 S RECORDING 165 HE JI niper SI L 5NiN 2U I • IswLlMh, WA 98027 • PIQw: {123) 392-0250 • Fu. 19 2 51 39 1-305 5 FIG. TWE ERG RECORDS. 8Y AND BETWEEN WINDSOR CIRCLE LLC AND PUCiT SOUND ENERGY, INC. L18� �I 1 DRAWN BY: CHECKED BY: DAZE: 05/29/12 BEET. �61i, .lam JEF !MSR REV. 2 OF 3 l J.ns fd: •.',',,'SI A--rr.cdc.,=c:'.EN{,nJEE'I'JC\DL','.\NHPC ACGIIL-5=drvg O5i-"S: I= IO I� j9 Pu P01 RENTON FILE NO. Ll1A 06-125 1 /'' r - - - -F J I FOUND MIC o-oo's. 0.0p'E TC BE UEDICnTED TO THE CITY OF RENTON WT THE RECaRDIw aF IS PLAT ipu J I 5 I I I f 70 NE CEDICATCD 10 TRE CJTY OF ftENTON M THE RECORDING OF TnfS PLAT WINDSOR CIRCLE A FFTEEN LOT PLAT A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I F9VND HEBAR ANDcnP 162ND AVENUE S.E. L5� 10215 0. C.01'S 01'+3'55 W - rCJND WC 00'N 501'43'55'f 297.24' v 7,90 10].13' 510]' a8'�l C I 3 C21 D. U'E I Vol. Pf:. 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' 2 LaLI OJ r b eW Lj o1z N i i � �♦ � � w _' � `�c� �` I z 111 ZL o Ln iy e s i o'• i i IN PLATNAME PLATLOT PSTLADDRESS 9475960000 9475960010 WINDSOR CIRCLE 1 16221 SE 135th PI 9475960020 WINDSOR CIRCLE 2 16227 SE 135th PI 9475960030 WINDSOR CIRCLE 3 16301 SE 135th PI 9475960040 WINDSOR CIRCLE 4 16307 SE 135th PI 9475960050 WINDSOR CIRCLE 5 16313 SE 135th PI 9475960060 WINDSOR CIRCLE 6 16319 SE 135th PI 9475960070 WINDSOR CIRCLE 7 16320 SE 135th PI 9475960080 WINDSOR CIRCLE 8 16314 SE 135th PI 9475960090 WINDSOR CIRCLE 9 16308 SE 135th PI 9475960100 WINDSOR CIRCLE 10 16302 SE 135th PI 9475960110 WINDSOR CIRCLE 11 16228 SE 135th PI 9475960120 WINDSOR CIRCLE 12 16222 SE 135th PI 9475960130 WINDSOR CIRCLE 13 16216 SE 135th PI 9475960140 WINDSOR CIRCLE 14 16110 SE 135th PI 9475960150 WINDSOR CIRCLE 15 16204 SE 135th PI 9475960160 WINDSOR CIRCLE TRACT B FoiNn Win AAD CAP 162ND AVENUE S.E. 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Declaration of Covenants, Conditions, and Restrictions of Windsor Circle Homeowner's Association Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) 1.Windsor Circle, LLC, a Washington limited liability company 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) l .Public Additional names on page of document_ Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Tract 8, Block 1, Cedar Park Five Acre Tracts, according to the Plat thereof, recorded in Volume 15 of Plats, Page 91, records of King County, Washington. Additional legal is on page _ of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet 145750004007 The.Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 1 am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party After Recording, return to; City Clerk's Office City of Renton 9055 South Grady Way Renton, WA 98055 FRIANXTUMV99-PO OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION Page 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSOR CIRCLE THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSOR CIRCLE ("Declaration") is made on the date hereinafter set forth by WINDSOR CIRCLE, LLC, a Washington Limited Liability Company ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Windsor Circle (hereinafter referred to as "Windsor Circle"), which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Windsor Circle, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Windsor Circle Homeowner's Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Windsor Circle Homeowner's Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Page 2 Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean WINDSOR CIRCLE, LLC, a Washington limited liability company and any of its successors and assigns who identifies itself as a successor Declarant in a recorded instrument and who assumes all the obligations of Windsor Circle, LLC as Declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee by the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Windsor Circle as recorded on , 20 in the records of King County, State of Washington, under Recording No. '')-P- I ? I bi (.o U Section 11. 'Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. Section 13. "Subdivision" shall refer to the real property included within any Plat as defined herein. Page 3 ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 9. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (i) a date twenty (20) years from the date of recording this Declaration; or (ii) sixty (60) days after 100% of the Lots subject to this Declaration have had single family Residences constructed thereon and have been occupied as Residences; or (iii) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article ll. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of three (3) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum_ If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Page 4 Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE III EASEMENTS, RESTRICTIONS Section 1. Easements for Utilities_ As shown on the Plat, an easement is hereby reserved and granted to the City of Renton, KCWD #90, Puget Sound Energy Company, QWEST, Comcast, other private utilities, and their respective successors and assigns under and upon the exterior ten (10) feet parallel with and adjoining the street frontage of all Lots and Tracts in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, wires, vaults and pedestals, with necessary facilities and other equipment for the purpose of serving this Subdivision and other property with electric, telephone, gas, telecommunications, data transmission, streetlights and utility services, together with the right to enter upon the Lots and Tracts at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition by the utility. No lines or wires for said utilities shall be placed or permitted to be placed within this easement unless the same shall be underground. No permanent structure shall be placed within the easements without permission from easement owners. Section 2. Public Sewer Easement. As shown on the Plat, tots 10 and 11 are subject to an easement to the City of Renton for sanitary sewer purposes. The City of Renton shall be responsible for the maintenance of the sanitary sewer facilities located within said easement. Section 3. Public Water Easement. As shown on the Plat, Lot 6 is subject to an easement to King County Water District 90 for public water purposes. King County Water District 90 shall be responsible for the maintenance of the waterline facilities located within said easement. Page 5 Section 4. Miscellaneous Easements and Restrictions. The following restrictions and easement are shown on the Plat: (i) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of the Plat shall be less than the area required for the use district in which located.; (ii) There shall be no direct vehicular access to or from SE 135t" Street or SE 136th Street from those Lots which abut those streets; (iii) Trees indicated to be retained on the tree retention plan on file with the City of Renton will be maintained in accordance with RMC 4-4-130 by the Owners of the Lots that contain retained trees; (iv) The 10' private easement on Lot 1 is for the benefit of the Owner of Lot 2 for drainage pipe purposes. The Owner of Lot 2 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; (v) The 5' private easement on Lot 4 is for the benefit of the Owner of Lot 3 for drainage pipe purposes_ The Owner of Lot 3 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; (vi) The 5' private easement on Lot 7 is for the benefit of the Owner of Lot 8 for drainage pipe purposes. The Owner of Lot 8 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; (vii) The 5' private easement on Lot 11 is for the benefit of the Owner of Lot 12 for drainage pipe purposes. The Owner of Lot 12 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; (viii) The 5' private easement on Lot 14 is for the benefit of the Owners of Lots 13 and 15 for drainage pipe purposes. The Owners of Lots 13 and 15 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; (ix) The 5' private easement on Lot 9 is for the benefit of the Owner of Lot 10 for drainage pipe purposes. The Owner of Lot 10 shall be responsible for the maintenance of that portion of the drainage facilities they have beneficial use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common; Page 6 (x) The Owner(s) of the Lots within the Plat encumbered with drainage facilities required by Plat design, covenant or condition, grant and convey to the City of Renton, a municipal corporation, the right of reasonable access (ingress and egress) to enter the Lots for the purpose of observing the Owner(s) are properly operating and maintaining the drainage facilities contained therein. The Owner(s) of the Lots shall retain, uphold, protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices (°BMPS"), shown on the drainage study and plans No. 3619 on file with the City of Renton. The Owners(s) of the Lots are responsible for operating, maintaining, and repairing the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPS") contained on the Lots and are required to obtain any required permits or permission from the City of Renton prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as rain gardens, etc.) or performing any alterations or modifications to the drainage facilities andlor designated flow paths contained within the Lots. This covenant shall run with the land and is binding upon the Owner(s) of the Lots, their heirs, successors and assigns. Section S. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. Page 7 ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Conveyance of Common Areas. All Common Areas shall be owned and maintained by the Association. The Common Areas are identified as Tract E. Section 2. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association_ The areas to be maintained by the Association are: Tract E; street trees and planter islands within the Plat and along 162nd Avenue SE, including landscaping and irrigation; the stormwater pond outfall located within the adjacent portion of SE 136 Street in unincorporated King County until such time the improvements are accepted for maintenance by the local jurisdiction; entry signage and landscaping, if any, including water for irrigation and electric, if any; and the mailbox stands located throughout the Properties. The Developer of the Plat shall maintain the landscaping and the storm drainage facilities located within Tract B for a period of two years following the date of the recording of the Plat or until the City of Renton takes over the maintenance responsibility of both. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 3. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 4. Dumping in Common Areas and Common Maintenance Areas, No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 6. Other Maintenance Costs for Association. In addition to maintaining the Common Areas and Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bilis incurred in connection with the operation of the streetlights within the Properties, if any, unless the utility provider for the streetlights directly bills the individual Lot Owners or the City of Renton. ARTICLE V TRACTS Section 1. Storm Detention Tract. Tract B is a storm detention Tract and shall be owned and maintained by the City of Renton. The Developer of the Plat shall maintain the landscaping and storm drainage facilities within said Tract for a period of two years following the date of the recording of the Plat, or until the City of Renton takes over the maintenance responsibility of both. Page 8 Section 2. Sensitive Area Tract. Tract E is a sensitive area Tract and shall be owned and maintained by the Association. The Tract is a Native Growth Protection Easement Area and it identifies the onsite wetland and buffer. The creation of the Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future Owners and occupiers of the easement area, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the easement area. The vegetation within the NGPE may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton, ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon thirty (30) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. Page 9 ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Purpose_ of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may be charged, shall be allocated and paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association - Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section S. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the Page 10 summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a skate for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association_ Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis_ Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence upon the recording of this Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall determine annually the Annual Assessment to be assessed against each Lot. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Page 11 Section 10. Effect of Non -Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period of thirty (30) days, for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. Property owned by Declarant and the City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control.. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, may, in its sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. Section 14. Start -Up Fee. Upon the sale of each Lot by the Declarant, and upon the resale of each home (and Lot), the purchaser shall pay a start-up fee of Two Hundred Fifty and no/100 ($250.04) Dollars per Lot. This fee shall be collected at the closing of the Lot sale and submitted to the Association. This start-up fee shall be used to defray organizational and operational costs for the Association. Page 12 ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Subdivision. This includes, but is not limited to, adequate watering, removing weeds, dead or diseased plants which must be replaced with the appropriate planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair. This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. The stain for the fence shall be a natural stain color chosen by Declarant. Lots adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot Owners' right for quiet use and enjoyment. Section 2. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Windsor Circle Subdivision, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51%) of the Members before undertaking such repairs. Page 13 ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non -Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels pursuant to Article XIII, Section 8, the total number of votes shall be increased by the applicable number for the Lots in such annexed Other Parcels. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Windsor Circle Homeowner's Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the Rules and Regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the Rules and Regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any Page 14 resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation; (i) Insurance. Obtain policies of general liability, property, and directors and officers insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas or (2) to preserve the appearance and value of the Properties and/or Lot. The Hoard may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital improvements provided. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas. Page 15 M Right of En_t_ry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Areas, the Common Maintenance Areas, the Properties, fines, and other matters. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Areas and Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing contained herein shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. Page 16 ARTICLE KI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee_ The Committee shall also review proposals to change the exterior color of Residences in the Subdivision. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other Residences in the Subdivision. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee_ Section 5. Voting_ Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site Page 17 plan, architectural, grading, fighting, and landscape plans. The plans and specifications should contain the following information: (i) The location of the residence, doorways, windows, garage doors, accessory structures, property lines, easements, setbacks, landscaping, rockeries, fences, and the driveway upon the Lot; (ii) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (iii) The elevation of the landscaping, rockeries, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences and rockeries, show relationship to fences and grades on adjacent Lots; (iv) Drainage flows; (v) Exterior finish materials, colors, and textures under consideration. Include roof; (vi) Landscape pian. Indicate species of plant material, size and height, and location; and (vii) Other information which may be required in order to determine whether the standards in this Declaration have been met. Section 7. Plan Check Fee. All individuals submitting plans to the Committee and not using Declarant as their house builder shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee plus a damage deposit shall be required for the review of plans and specifications for Residences. A plan check fee shall be required for the review of accessory structures and alterations. All fees and deposits shall be determined by the Committee. Section 8. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other Residences in the Subdivision, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 9. Exclusions. Plans and specifications for Residences constructed by Declarant shall not be reviewed by the Committee. Page 18 Section 10. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 11. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. All structures and improvements shall comply with the provisions of the applicable building code relating to height restrictions, setback requirements, drainage easements and other easements and/or restrictions. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 12. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions_ However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 13. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. ARTICLE XII BUILDING AND LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for single family residential purposes and related facilities normally incidental to a residential community, except as allowed by Section 4 below, however, no single family residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair Housing Act. Private single family Residences shall consist of no less than one Lot. Page 19 Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Business. No trade, craft, home business, professions, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful enjoyment of any part of the Subdivision shall be conducted or carried on upon any Lot or within any building located within the Subdivision. All businesses must comply with any applicable City regulations and ordinances. Section 5. Temporary Structures for Residential _Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. This provision shall not apply to the Declarant during the Development Period, including the home construction period. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals, other than dogs, cats, small caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot, provided they are not kept, bred, or maintained for a commercial purpose and they do not unreasonably interfere with the use and enjoyment of any part of the Properties. Dogs shall not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Dog runs, kennels, enclosures to be built must be submitted to the Committee for approval. Consistent with the City of Renton's leash law, pets shall be registered, licensed and inoculated from time to time as required by King County or any applicable law_ Page 20 Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition. Section 9. Rental and Leasing. The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu' of a foreclosure) shall be prohibited from leasing or renting less than the entire Lot or improvements thereon unless otherwise approved by the Board of Directors. All leases and rental agreements shall be in writing and shall specify that it is subject to this Declaration, the Articles and Bylaws and Rules and Regulations. If a lease or rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and Regulations, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and Regulations shall be enforceable against the tenant/lessee and the Owner. If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge 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 of 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, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article, there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or home. Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices. There shall be no permanent and/or temporary storage of goods, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self- propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) "Garage Parking Spaces" shall mean the number of parking spaces within a garage attached to a Residence equal to the number of garage doors on the Page 21 garage. A double wide garage door shall count as two (2) Garage Parking Spaces. All Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway of any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four (24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-of-way adjoining any Lot; (iv) No Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way; and (v) Owners who have visiting guests intending to stay shall be allowed to park their Passenger Vehicle either in the Garage Parking Space or upon the driveway. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices If the Owner has not moved the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices within the required time period the Association may have the goods, equipment, or devices removed; assess the Owner daily fines until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 11. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected, as provided for in Article Xi. The Declarant or Committee, if selected, shall determine if the general building and land use restrictions herein are met. The Declarant may prepare residential Design Guidelines which may contain guidelines in addition to those set forth herein. During the Development Period, Declarant shall have the sole authority to amend the general building and land use restrictions set forth herein and any Design Guidelines, consistent with the land use restrictions and conditions of Plat approval. Section 12. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement. Section 13. Protection of Trees. Owners shall not cut down trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. Section 14. Fences. No fences shall be erected without the prior written approval of the Committee. Fences shall be allowed on a Lot and its location shall be subject to easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and Page 22 the Design Guidelines established by the Declarant, if any, and prior written approval of the Committee. Each Lot Owner shall be responsible for the continued maintenance and repair of any fence on its Lot. Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Section 16. Accessory Structures. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot. Permitted accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds, woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design, materials, and location on the Lot by the Committee. The Committee may refuse to approve an accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance to the Subdivision or other homes. The location of an accessory building shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the home. The Committee may require visual screening of accessory buildings from adjacent Lots. All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements, drainage easements and other easements or buffers; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Building Code because of a change in the Building Code. Section 17. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs may be used by the Declarant, or an agent of Declarants, to advertise the Lots during the construction and sale period. Declarants signs may include project marketing signs, directional signs and model home signs. Political signs may not be displayed more than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Rights of Way owned or maintained by the Homeowners Association. Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be constructed, erected, or maintained upon any Lot without the prior written consent of the Committee. The Committee may disallow any or all pools or spas in their sole discretion and shall have the authority to establish rules governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. The installation of any such facility shall be in accordance with the plans approved by the Committee in addition to all local and state building ordinances and use of such facility shall be in strict compliance with the conditions of approval set down by the Committee. Page 23 Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the building of a Lot, unless the lines and wires shall be underground or in conduit attached to a building. No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Section 20. Gardens, Play Equipment, Sport Courts, Pools, Spas and Basketball Standards. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the Residence or in the garage. Any violation of these restrictions may result in the removal of such device. The Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Section 21. Decks and Patios. The Committee may require screening such as skirting for decks which extend four (4) feet or more off the ground. Section 22. Holiday Displays and other Exterior Adornments. All holiday displays and decorations must be removed within two (2) weeks of the end of the pertinent holiday. No displays or decorations may be installed earlier than six (6) weeks before the pertinent holiday_ Section 23. Flag and Flag Poles. Any display of the flag of the United States by an Owner must be displayed in a manner consistent with the federal flag display law 4 U.S.C. Sec_ I et sec. The Committee shall review and approve the placement and manner of display of the flag and the Committee shall review and approve the location and size of a flagpole used for the display of the United States flag. Flag poles used by Declarant on the Properties to advertise the Subdivision shall be allowed. Section 24. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. Section 25. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by the City of Renton in force at the commencement of the construction, including the latest revisions thereof. Section 26. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, except in cases of emergency, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of Page 24 this Declaration. The above -recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 27. Contractor. No home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington and the prior written approval of the Committee. Section 28. Eines. In the event a Lot Owner violates any of the covenants, conditions and/or restrictions set forth in this document, the Association has the right to assess fines for said violations. The Board of Directors shall adopt Rules and Regulations which shall set forth the fines for violations of any of the covenants, conditions and/or restrictions set forth in this document. The Board of Directors may choose to pursue legal channels to gain injunctive relief and any associated legal expenses will be added to the fines. Such fines shall be collectible in the same manner as assessments and any remedies available for the collection of assessments shall also be available for the collection of fines. Section 29. Construction and Sale Period. So long as Declarant owns any property in the Subdivision for development and/or sale, the restrictions set forth in this article shall not be applied or interpreted as to prevent, hinder or interfere with development, construction or sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE XIII GENERAL PROVISIONS Section 1. Covenants Running with the Land. The covenants, conditions, and restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Amendment of Declaration. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination, (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing. Page 25 In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of members representing sixty percent (60%) of the total votes in the Association, and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 8 of this Article. Notwithstanding the above, no amendment to this Deciaration involving the responsibility to maintain the Common Maintenance Areas may be made without the prior written approval of the City of Renton. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Page 26 Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the right to determine the number and location of any Lots within the other parcels. If any Other Parcels are added to the Properties, all of the Other Parcels shall be governed by this Declaration. The character of the improvements which may be later added to the Properties on other parcels shall be compatible with improvements already existing on the Properties; provided, however, that Declarant may develop the other parcels for any lawful purpose that is allowed by applicable laws and regulations. All easements for ingress, egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Other Parcels. During the Development Period, the addition of Other Parcels to the Properties shall occur when the Declarant files for record an amendment to this Declaration legally describing the Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time Other Parcels are added to the Properties only to the extent the total number of votes is increased by the number of Lots added, and the percentage which one vote bears to the total is thus diminished. Section 9. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or Rules and Regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 10. Limitation of Liability. So long as a Director, Officer, Committee member, Association agent, or Declarant acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such person, then no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, provided that this Section shall not apply where the consequences of such act, omission, error negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. Section 11. Indemnification. Each Director, Officer, Committee member, and Declarant shall be indemnified by the Association, including the Lot Owners, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. Page 27 IN WITNESS WHEREOF, the undefined, being the Declarant herein, have hereunto set their hand(s) and seal(s) this 1-3-- day of , 20/4 DECLARANT WINDSOR CIRCLE, LLC, a Washington limited liability com ny E�, By Its A .a STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this �0— day of '4'Cy 645- _ _, 2QLz- before me, the undersigned, a notary public in and for the State of Washington, personally appeared Ih�A�,C f"j of WINDSOR CIRCLE, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in for a State of,Washington, residing at QVNot �`yN►N11�lt/� i(Pr lox Y,tiMttNt►►►► nt Name) My'Commission Expires: � ! �. •:I its; r 1` �y ow; o 7If111� r�hill, ►3'��r+r r Page 28 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract 8, Block 1, Cedar Park Five Acre Tracts, according to the Plat thereof, recorded in Volume 15 of Plats, Page 91, records of King County, Washington. Page 29 VO -1. EA 2 IcIv CITY CLERK'S OFFICE 3 4 S 6 7 S BEFORE THE HEARING EXAMINER. FOR THE CITY OF RENTON 9 ) 10 Threadgill FINAL PLAT APPROVAL 11 Final Plat ) 12 LUA12-047FP ) 13 ) 14 Summary 15 16 The Applicant has applied for final plat approval for the Windsor Circle subdivision. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 Exhibits 21 22 The following documents were considered in evaluating the application for final plat: 23 1. September 11, 2012 staff report. 2. August 31, 2011 Minor Amendment Approval 24 25 Findings of Fact 26 Procedural: 1 2 1 _ Applicant. Windsor Circle, LLC. 3 2. Hearing. No hearing is required or held for final plat applications. 4 Substantive: 5 3. Description of Proposal. The Applicant is requesting final plat approval for a 15 lot 6 subdivision. King County approved the preliminary plat on January 1, 2008. Minor amendments to the plat were approved by letter dated August 31, 2011. The subdivision property comprises 7 0.93 acres. ft is located at SE 162nd St. and 135th Ave SE. 8 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all 4 preliminary plat conditions of approval, as amended by Ex. 2 and as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if 10 set forth in full. 11 Conclusions of Law 12 13 Procedural: 14 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall 15 approve all final plats. 16 Substantive: 17 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other 18 than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat 19 conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. 20 21 22 DECISION 23 The final plat application is approved, subject to the following conditions: 24 1. All applicable fees shall be paid prior to recording of the final plat, except those fees 25 expressly deferred to a later date by the preliminary plat conditions of approval. 26 FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 [a] 14 15 16 17 18 19 20 21 22 23 24 25 26 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff, with the posting of adequate security, prior to the recording of the plat. DATED this 24th day of September, 2012. 1 A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (1.4) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Cleric's Office, Renton City Hall -- 7 1 floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 CITY OF RENTON 1 SEP 2 5 2012 2 RECEIVED CITY CLERK'S OFFICE 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) 10 RE: Threadgill ) FINAL PLAT APPROVAL 11 Final Plat 12 LUA 12-047FP } } 13 14 15 Summary 16 The Applicant has applied for final plat approval for the Windsor Circle subdivision. The final plat is approved subject to conditions. 17 is Testimony 19 No hearing is held on final plat applications. 20 21 Exhibits 22 The following documents were considered in evaluating the application for final plat: 23 1 _ September 11, 2012 staff report. 2. August 31, 2011 Minor Amendment Approval 24 25 Findings of Fact 26 Procedural: FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Applicant. Windsor Circle, LLC. 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 15 lot subdivision. King County approved the preliminary plat on January 1, 2008. Minor amendments to the plat were approved by letter dated August 31, 2011. The subdivision property comprises 0.93 acres. It is located at SE 162"d St. and 135th Ave SE. 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval, as amended by Ex. 2 and as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authorily of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall 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 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following conditions: 1. 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. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff , with the posting of adequate security, prior to the recording of the plat. DATED this 24th day of September, 2012. A. Oibrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7t' floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL FLAT - 3 Printed: 10-04-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U110089 03/19/2012 10:53 AM Total Payment: 48,737.65 Current Payment Made to the Following Items: Receipt Number: Payee: ROBERT GLADSTEIN Trans Account Code Description Amount ------ 3080 ------------------- 503.000000.004.322 ------------------------------ Technology Fee ---------------- 311.79 4028 000.000000.007.343 Public Works Inspection 5,053.01 4033 407.000000.018.343 Stormwater Insp Approval 2,551.28 4040 426.000000.018.388 Spec Util Connect Sewer 23,665.00 4042 406.000000.018.343 Sewer Inspection Approvl 2,788.57 4069 427.000000.018.388 Spec Util Connect Stormw 14,168.00 Payments made for this receipt Trans Method Description Amount ---------- -------- ---------------------------- --------------- Payment Credit C VISA Account Balances 48,737.65 Trans Account Code Description Balance Due ------ 3080 ------------------ 503.000000.004.322 ------------------------------ Technology Fee --------------- .00 4028 000.000000.007.343 Public Works Inspection .00 4033 407.000000.018.343 Stormwater Insp Approval .00 4040 426.000000.018.388 Spec Util Connect Sewer .00 4042 406.000000.018.343 Sewer Inspection Approvl .00 4044 406.000000.018.322 Sewer Permit .00 4050 000.000000.007.322 Right-of-way Constructn .00 4056 425.000000.018.388 Spec Util Connect Water .00 4057 405.000000.018.343 Water Inspection Approvl .00 4059 405.000000.D18.388 Misc. Water Installation .00 4061 407.000000.018.322 Storm Water Permits .00 4069 427.000000.018.388 Spec Util Connect Stormw .00 5025 000.000000.007.322 Street Lighting Fee .00 Remaining Balance Due: $0.00 81201188 Printed: 10-04-2012 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-047 Payment Made: 08/28/2012 03:46 PM Receipt Number: Total Payment: 32,406.64 Payee: MICHAEL GLADSTIEN Current Payment Made to the Following Items: Trans Account Code Description Amount ------ 3021 ------------------ 303.000000.020.345 ------------------------------- Park Mitigation Fee ---------------- 7,430.64 5043 000.000000.000.237 Issaquah School Impact 23,727.20 7010 000.369.90.00.0018 Misc Administrative fees 1,248.80 Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Credit C VISA Account Balances Trans Account Code Description 3021 303.000000.020.345 Park Mitigation Fee 3060 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 5043 000.000000.000.237 Issaquah School Impact 5909 000.000000.002.341 Booklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 32,406.64 Balance Due --------------- .00 .00 .00 .00 .00 -00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R1203972 198 000.000000.000.231 Tax .00 7010 000.369.90.00.0018 Misc Administrative fees .00 Remaining Balance Due: $0.00 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: October 9, 2012 To: City Clerk's Office From: Stacy M Tucker Subiect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Windsor Circle Final Plat LUA (file) Number: LUA-12-047, FP Cross -References: LUA08-125 AKA's: Threadgill Final Plat Project Manager: Jan Illian Acceptance Date: June 28, 2012 Applicant: Windsor Circle LLC Owner: Same as applicant Contact: Justin Lagers, PNW Holdings , LLC PID Number: 1457500040 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final Plat to subdivide a .4 -acre parcel into 15 single-family lots. Improvements include construction of a new public street (S 47th Place) within the plat, storm drainage, storm pond, sidewalk, curb and gutter,. Water is WD #90 and sewer is City of Renton. Location: 13502 162"d Avenue SE Comments: DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Windsor Circle, LLC Windsor Circle Final Plat (Preliminary Plat KC-LO5POO25) File: LUA 12-047FP LOCATION: SE 152°d and 135th Ave SE NE'/ Section 14, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 15 single family residential lots with sewer, storm, streets, and (WD 90) water. RECOMMENDATION: Approve with Conditions FINDINGS CONCLUSIONS& RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Windsor Circle, LLC filed a request for approval of a 15 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation, and other pertinent materials was entered into the record as Exhibit No. 1. 3, The King County Hearing Examiner Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on March 5, 2007, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter: 5. The subject site is located at SE 162nd Street and 135`h Ave SE. The neva plat is located in Section 14, Twp. 23 N.. Rng. 5 E- 6. The subject site is a :93 acre parcel. 7. The Preliminary Plat received King County Approval on January 1, 2008. S. The property is located within the R-4 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 4 10. The Preliminary Plat conditions were amended by the City of Renton. The proposed subdivision of Windsor Circle, as revised and received December 11, 2006, is granted preliminary approval, subject to the following conditions of final plat and the applicant has complied. 1. Compliance with all platting provisions of Title 19A of the King County Code. Revision: Compliance with all platting provisions of the Renton Municipal Code RMC 4-5-110. RCNI 4-7-110 requirements are being met with the final plat reap. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. All persons having an ownership interest in the subject property are listed on the plat with a place for signatures and notarization of signatures. Revision: Delete this condition. King County staff have been unable to provide any information on the content or intention of the referenced King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or.shall be as Shawn 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 Department of Development and Environmental Services. Any plat boundary discrepancies shall be resolved to the satisfaction of DDES 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. Revision: The plat shall comply with the base density and minimum density requirements of the R-4 . zone classification in place in King County on December 11, 2006_ All lots shall meet the minimum dimensional requirements of said R-4 zone classification or shall be as shown .on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do hot result in substantial changes may be approved at the discretion of the Renton Planning Division. Any plat boundary discrepancies shall be resolved to the satisfaction of the Renton Planning Division prior to the submittalof the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus an overlapping boundaU or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. The plat map is as approved by the City after getting approval of a single pond at the east end of the project and widening the streets to meet City of Renton standards. 4. 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. 11157, as amended (1993 KCRS). Revision: Ail 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. 1118,_as amended (1993 KCRS), or as otherwise modified by the City of Renton Development Services Division per RMC 4 -9 -250D - The roads were constructed to Renton standards. 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. Revision; 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. The Renton Fire Department has approved the fire hydrant/water main locations and fire flow standards as shown on the approved plan. 6. Final plat approval small require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or modifying the location of lots or tracts 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 K.C.C.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 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164tH Avenue Southeast, at approximately the location shown on exh. No, 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance system to be constructed within the public right-of-way_ In the event a surface water adjustment that permits utilization of Option 1 substantially as presented in exh. No_ 29 is denied, the hearing on this application shall be reopened for the limited purpose of reevaluating surface water drainage alternatives for the east basin. c. Engineering pians for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be reexamined to determine the extent, if any, to which existing flow travels south along the .alignment of 162nd Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162nd Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. Revisions: The adjustment discussed in b will be reviewed and subject to the approval of Renton Development Services. The rest of Condition #6 remains unchanged. The pians and drainage analysis complies with City of Renton Drainage Adjustment 2011-02 with a single Level 3 pond at the east end of the project. King County adjustment LO8VOO17 was applied for and approved to allow the pond. to discharge east across the 164th R/W then into the 136th R/W as shown on the approved engineering plans. King County staff reviewed and approved R/W Use Permit L12RWO01 to construct that portion of the conveyance pipe and discharge point in their 136th R/W, This outfall was constructed per this approved pian. The plans and drainage analysis complies with City of Renton Drainage Adjustment 2011-02 with both the east and west basins draining to a single Level 3 pond at the east end of the project. The approved plans provided details for BMP's to be constructed on the individual lots. The SMP requirements are listed and reference the approved plans on the final plat document to ensure that they will be constructed with individual building permits. 7. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. Done. b. FRONTAGE, The frontage along 162"d Ave SE (east side) shall be improved at a minimum to the urban subcoIIector street standard. Done. c. The Applicant shall widen 162"d Avenue SE, from the intersection of SE 136th Street to the northeasterly curb return of the intersection of SE 137th Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist of a minimum of 22 -foot wide roadway together with a walkway that is: (i) Eight feet wide if directly abutting the traveled -way, or (ii) Five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional 1 -foot shy distance from the shoulder edge of the northbound travel lane —i.e., 152nd Avenue SE would need to be at least 23 -feet wide) or, (iii)Five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) in lieu of these options. Note: It is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla 1-06130001, on appropriate portions of 162nd Avenue. Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136'h Street to 164th Avenue Southeast, and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DDES to provide safe walking conditions for elementary school students. e. Tract D shall be improved to the joint use driveway standard per Section 3.01 of the KCRS; This Tract shall be owned and maintained by the Lot owners served. f. Thirty feet of additional R/W shall be dedicated along the frontage of SE 135th Street; along with R/W radii at the northwest corner of Lot 15 and the northeast corner of Tract B. g. R/W radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1,08 of the KCRS. i, A conceptual frontage road improvement plan for the future construction of SE 136th Street, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient RJW will exist for future construction of SE 130 Street to the east. Revision: The following road improvements are required to be constructed according to the 1993 King County (toad Standards f KCRS),or as modified per Renton Municipal Code 4-9-250D. a. The new internal roadway for the plat shall be constructed to C!tV of Renton residential street standards including a 26 foot pavement section, vertical curbs, eight foot planting strips and five foot sidewalks. b. The frontage along 162"d Ave SP east side shall be improved at a rninimum to the 1993 KCRS urban subcollector street standard. c. The applicant shall widen 162nd Avenue SE from the intersection of SE 1361h Street to the northeasterly curb return of the intersection of SE 137th Place (the plat street for the Liberty Lane subdivision) to provide ade uate walkway conditions for students who will walk to Liberty High School and Maywood Middle School. These improvements shall include a minimum .of 22 feet of pavement width and either an eight foot walkway adiacent to the .pavement, a five foot walkway with a curb separation from the traveled lane or a five foot walkway separated from the travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) n lieu of these options d. Theapplicant shall provide an improved walkwaywithin the right-of-way of Southeast 135tH Street or Southeast 136th Street to 164th Avenue Southeast and continuin east as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. In lieu of these off-site improvements, the applicant has the o tion of installing full urban street level improvements for the south side of SE 136'h Street west of 160th Avenue SE, with a rninimum 20 foot pavernent section vertical curb and a six foot sidewalk linking the existing sidewalk sections east and west of the this missing pedestrian sidewalk link. e. Tract D shall be improved to the 'pint use driveway standard per Section 3.031 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f_ To meet City of Renton right-of-way width_ requirements, the applicant shall dedicate eighteen 18 feet of additional right-of-way along the frontage of SE 135th Street; along with ri ht-af way radii at the northwest corner of Lot 15 and the northeast corner of Tract B. g. Right-of-way radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. h_ Modifications to the above road conditions may be considered according to the modification provisions in Section 4-9-250D of the RMC i. The existing right-of-way width for SE 136th Street adjacent to the promect is 60 feet in width which is sufficient to accommodate future construction of street improvements to the current City of Renton standards. No further design work or right-of-way dedication is required for the section of Sir 136th Street for this pr�ect. All street improvement requirements for the project have been completed and accepted by the City. Off site improvements were completed as outlined to King County standards, and the new on site street was completed per City of Renton standards, including planting strips. 8. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Revision: All utilities within proposed ri his-of-wa must be built and aPPTOved per RMC 4-7-200 prior to final plat recording. The utilities required for the project have been completed and accepted by the City. 9. The applicant or subsequent owner shall comply with icing County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance, The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS 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 plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), 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. Revision: 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 ermit issuance. If the first o tion is chosen the fee paid shall be the fee in effect at the time of final lat application and a note shall be place on the face of the l2lat that reads " All traffic mitigation or im act.fees required b 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 a pplication. The applicant has the option to improve the new internal roadway to City of Renton street standards including rovidin 4" of asphalt for the street paving. The City will grant a credit toward the proiect traffic mitigation fees for the increased construction costs for this upgrade to the street standards. The credit granted is for up to $22002.50, and shall not exceed the total traffic mitigation fees for the proiect.- The roadway is constructed, per Renton standards with 4" of asphalt. The developer has chosen to pay the mitigation fee at the final plat recording. Credit for mitigation fees reduction has been applied for. 10. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school .system improvementsneeded to serve new development. As a condition of final approval, fifty percent (50%j 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. Revision: 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 theplat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final ao roval The balance of the assessed fee shall be allocated evenly to the dwelling units in the !at and shall be collected prior to the building permit issuance. The school mitigation fees will be paid at final plat. 11 -There shall be no directvehicular access to or from 5E 135`h Street or Southeast 136ti" Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat, Revision: Condition #11 remains unchanged.. Cote added to final plat. 12.The proposed subdivision shall comply with the Critical Areas Code outlined in K.C.C. 21A_24._ Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval_ Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until ail construction activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the CAC. Revision: The proposed subdivision shall comply with the Critical Areas Code procedures outlined in RMC 4-3-050E. Permanent survey marking and signs as specified in RMC 4-3-050E shall also be addressed prior to final plat approval. Tempora marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be -placed on the site and shall remain in place until all. construction activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the General Performance Standards outlined in RMC 4-3-0501=. The wetland creation and buffer mitigation is constructed and accepted by the City per the approved mitigation plan. 13. Preliminary plat review has identified the following specific requirements which apply to this ptoject. All other applicable requirements from K.C.C: 21A.24 shall also be addressed by the applicant. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. Thewetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B_ Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site_ A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer .enhancement/mitigation plan. D,AI remaining wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split -railed fence or similar barrier shall be installed along the tract boundary: E_ A 15 foot building set back line (BSBL) is required from the edge of CAT's and shall be shown on ail affected lots. F. Additional road improvements are required within the unimproved 162nd Avenue right-of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW. Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G.The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions, RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffers 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 Kiang County,. to leave undisturbed all trees and other vegetation within the tract/critical areas and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services 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 King County 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 marling or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line., unless otherwise provided by law. Revision: PreliminarV plat review has identified the following specific requirements which appl to this project All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. The rest of Condition #13 remains unchanged for sections A through F. Section G is revised as follows: G The engineering plans shall be routed to Renton Development Services Division staff for review and approval .'of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract critical area and buffer conveys to the public a benelicial interest in the land within the tract/critical area and buffer. This interest_ includes the reservation of native vegetation for all purposes that benefit the public health safetV 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 buffers imposes upon all present and future owners and occupiers of the land subject to the tract critical area and buffer the obli ation enforceable on behalf of the public by the City of Renton to leave undisturbed all trees and other ve etation within the tract critical areas and buffer. The vegetation within the tract critical area and buffer maV not be cut runed covered by fill removed or damaged .without approval in writing from the Renton Development Services Division or its successor agency, unless otherwise provided by law. The common boundary between the tract critical area and buffer and the area of develo meet activity must be marked or otherwise flagged to the satisfaction of the City of Renton prior to any clearing, radia building construction or other development activity on a lot subject to the critical area tract critical area and buffer. The required marking or flaEging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line, unless otherwise provided by law. The wetland creation and buffer mitigation have been completed and accepted by the City per the approved plan. 14.Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and U.C. 21 A.14.190 (i.e., spo.rts court[s], children's play equipment, picnic table[s], benches, etc.). 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 DDEs and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Revision: The applicant may comply with the original condition to provide. suitable recreations ace as part of the plat development, or 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. A fee in lieu of providing recreational space will be paid prior to recording of the final plat. 15.A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation and critical area tract(s). Revision: A homeowners' association or other workable organization shall be established to the satisfaction of Renton Development Services Division which provides for the ownership aro continued maintenance of the recreation and critical area tract(s). This requirement is satisfied with the proposed HMA document to be recorded with the final plat. 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): 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 Icing County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County 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 awned and -maintained by the abutting lot owners or the homeowners association or other workable organization unless the county 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 DDES 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 sewer's, 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 DDES prior to engineering plan approval, g. The applicant shall contact Metro Service Planning at (2.06) 684-1622 to determine if 162"d Avenue SE is an a bus route. If 162nd Avenue 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 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 DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Revision: Street trees shall be provided as follows: th a. Trees shall be planted at a rate of one tree for everV 40 feet of fronts e along SE 184 Place. Spacing may be modified to accommodate sight distance requirements for drivewa sand intersections. b. Trees shall be located within the street right-of-way and pfanted in accordance with Drawing No. 5-009 of the 2007 King County Road Standards unless the City of Renton Department of Public Works determines that trees shouid not be located in the street right-of-way. c, If the City of Renton determines that the re wired street trees should not be located within the rigbt-of-way, 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 orthe homeowners association or other workable organization unless the City of Renton has adopted a maintenance program. This shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by the City of Renton Community & Economic Development Department if located within the right-of-way,and shall not include poplar, cottonwood soft maples, um any fruit -bearing trees, or an 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 applicantshall submit a street tree plan and bond quantity sheet for review and approval by the City of Renton Community & Economic Development prior to en ineerinplan rapproval- g, oval - g. The street trees must be installed and inspected, ora 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 thea p proved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond and held for.one Vear. After one year, the maintenance bond maybe released after the Community & Economic Development Department has completed a second inspection and determined that the trees have been kept healthy and thriving. h. A landscape inspection fee shall also be submitted prior to plat recording.. A landscaping plan has been approved for the project in full compliance with the requirements listed in this condition. The street trees will be planted per the approved landscaping plan prior to final plat recording. A note on the final plat calls for the HOA to maintain the planter strip and street trees and the HOA to own the street trees until the City of Renton adopts a maintenance program. 17.. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Revision: A landscaping inspection fee shall be submitted prior to plat recording is the City of Renton fee schedule includes this type of fee at the time of recording. The landscape inspection fee shall be paid prior to recording, if requested by the City. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, DDES File L04P0034, and Cay.alla, DDES File L06P00{31), on the High Accident Location (HAL) at the intersection of SE 128'" Street/160'h Avenue SE), the Applicant shall individually or jointly with the other developers in the area construct an offsite extension of 3.62°4 Avenue SE in general conformance with the conceptual plan submitted to DDES (dated. July 2, 2007) for the plat of Cavalla, from the current south terminus of 162nd Avenue SE (near the SE 138xx block) to SE 144`h Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/detention/treatment facilities as determined by DUES. These improvements shall include a tight -lining of the existing water -course located on the westerly half of the 162nd Avenue SE right-of-way. (KCC 14.80.030B). Note: A multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals.. b. In order to address the incremental impacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128th Street/160`h Avenue SE, this applicant shall — in addition to the requirements of the preceding SEPA condition — dedicate any additional right-of-way required along.the SE 136th Street margin of the site needed to construct --in the future, by others (private or public) -- an extension of SE 136th Street from 162"d Avenue SE to 166th Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared. by Baima & Holmburg dated 4/18/2005, and. based upon a future 32 -foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to compiy with this condition shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.0308 ) Revision: The SEPA condition for the extension of 162nd Avenue SE has been amended_ by the City of Renton for this project and Condition #118.a is no longer applicable for this proiect. The City of Renton does not plan on extending 162"d Avenue SE south of the proposed Liberty Garden preliminary plat, due to steep topography,wetlands and other critical areas along this corridor. No actions required by the applicant on this revised condition. 19. To implement K.C.C. 21A.88.230 which applies to the site, a detailed tree retention plan shall be submitted: with the engineering plans. for the subject plat. The tree. retention plan (and engineering plans), shall be consistent with the requirements of Ii.C,C. 21A.38.230_ No clearing of the subject pruperty is permitted until the final tree retention plan is approved by LUSR. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A3.8.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.B.4.d.{2). Revision. To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering.plans for the subject plat. The tree retention Ian and engineering plans) shall be consistent with the requirements of RMC 4-4-130. No clearing of the subject property is permitted until the__final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to beretained shall be provided, consistent with RMC 4-4-130. The.,placement of impervious surfaces fill material excavation work or the storage of construction materials is rohibited within the fenced areas around the preserved trees except for grading work permitted. pursuant to RMC 4-4-130- A tree retention plan was approved, revised and reapproved to provide the required tree retention and/or replacement. 20. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with the K.C.C. 21A.38.230.B6. (Note that the tree retention plari shall be included as part of the finnl engineering plans for the subject. plat.) Revision: A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots consistent with RMC 4-4-130(Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat. A note was placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners. CONCLUSIONS: The f=inal Plat satisfies 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: Ali applicable fees shall be paid prior to the recording of the plat. SUBMITTED SEPTEMBER 11, 2012 DEVELOPMENT SERVICES DIVISION Amended Conditions of Approval for the Thread ill Preliminary plat as of August 10 2011 The proposed subdivision of Threadgill Plat, as revised and received December 11, 2006, is granted preliminary approval, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. Revision: Compliance with all platting provisions of the Renton Municipal Code RMC 4-8-110. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Revision: Delete this condition. King County staff have been unable to provide anV information on the content or intention of the referenced King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as 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 Department of Development and Environmental Services. Any plat boundary discrepancies shall be resolved to the satisfaction of DDES 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. Revision: The plat shall comply with the base density and minimum density requirements of the R-4 zone classification in place in King County on December 11 2006. All lots shall meet the minimum dimensional requirements of said R-4 zone classification or shall be as shown on the face of the approved relimina lat whichever is larger, except that minor revisions to the plat which do not result in substantial changes maV be approved at the discretion of the City of Renton Planning Division. Any plat boundary discrepancies shall be resolved to the satisfaction of the Renton Planning Division prior to the submittal of the final plat documents. As used in this condition "discrepancy"- is a bounda hiatus an overlapping boundary ora physical appurtenance which indicates an encroachment lines of possession or a conflict of title. 4. 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). Revision: 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. 1.1187 as amended 1993 KCRS or as otherwise modified by the City of Renton Development Services Division per RMC 4-9-250D_ 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. Revision:_ 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. 6. 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 modifying the location of lots or tracts 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 K.C.C.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 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164th Avenue Southeast, at approximately the location shown on exh. No. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option 1 substantially as presented in exh. No. 29 is denied, the hearing on this application shall be reopened for the limited purpose of reevaluating surface water drainage alternatives for the east basin. c. Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be reexamined to determine the extent, if any, to which existing flow travels south along the alignment of 162nd Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162A Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. V Revisions: The adjustment discussed in b will be reviewed and subject to the approval of Renton Development Services. The rest of Condition #6 remains unchanged. 7. The following road improvements are required to be constructed according to the 1493 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. b. FRONTAGE: The frontage along 162"d Ave SE (east side) shall be improved at a minimum to the urban subcollector street standard. c. The Applicant shall widen 162nd Avenue SE, from the intersection of SE 136th Street to the northeasterly curb return of the intersection of SE 137th Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist of a minimum of 22 -foot wide roadway together with a walkway that is.- (i) s:(i) Eight feet wide if directly abutting the traveled -way, or (ii) Five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional 1 -foot shy distance from the shoulder edge of the northbound travel lane —i.e., 162nd Avenue SE would need to be at least 23 -feet wide) or, (iii) Five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) in lieu of these options. Note: It is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla L06P0001, on appropriate portions of 16211 d Avenue Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164th Avenue Southeast, and continuing east, as necessary, to 166'' Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DDES to provide safe walking conditions for elementary school students. e. Tract D shall be improved to the joint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f. Thirty feet of additional R/W shall be dedicated along the frontage of SE 135th Street; along with R/W radii at the northwest corner of Lot 15 and the northeast corner of Tract B. g. R/W radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. i. A conceptual frontage road improvement plan for the future construction of SE 136th Street, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient R/W will exist for future construction of SE 136th Street to the east. Revision: The following road imorovements are reauired to be constructed according to the 1993 King County Road Standards KCRS or as modified per Renton Municipal Code 4-9-250D. a. The new internal roadway for the plat shall be constructed to City of Renton residential street standards, including a 26 foot pavement section, vertical curbs, eight foot planting_ strips and five foot sidewalks. b. The frontage along 162"d Ave SE (east side) shall be improved at a minimum to the 1993 KCRS urban subcollector street standard. c. The applicant shall widen 162nd Avenue SE from the intersection of SE 136`h Street to the northeasterly curb return of the intersection of SE 137th Place (the_ plat_ street for the Liberty_ Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School and Maywood Middle School. These improvements shall include a minimum of 22 feet of pavement width, and either an eight foot walkway adjacent to the pavement, a five foot walkway with a curb separation from the traveled lane, or a five foot walkway separated from the travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) in lieu of these options. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164'h Avenue Southeast, and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. in lieu of these off-site improvements, the applicant has the option of installing full urban street level improvements for the south side of SE 136th Street west of 1601h Avenue SE, with a minimum 20 foot pavement section, vertical curb and a six foot sidewalk linking the existing sidewalk sections east and west of the this missing pedestrian sidewalk link. e. Tract D shall be improved to the Joint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f. To meet City of Renton right-of-way width requirements, the applicant shall dedicate eighteen 18 feet of additional right-of-way along the frontage_of SE 1351h Street; along with right-of-way radii at the northwest corner of Lot 15 and the northeast corner of Tract B. g. Right-of-waV radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. h. Modifications to the above road conditions may be considered according to the modification provisions in Section 4-9-250D of the RMC i. The existing right-of-way width for SE 136th Street adjacent to the project is 60 feet in width, which is sufficient to accommodate future construction of street improvements to the current City of Renton standards. No further design work or ri ht-of-wa dedication is required for the section of SE 136th Street for this project. S. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Revision: All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 priot to final plat recording. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS 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 plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), 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. Revision: 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 a the mitigation or impact fee at the time of building permit issuance. If the first option is chosen the fee aid shall be the fee in effect at the time of final plat apblication 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 aid." If the second option is chosen the fee paid shall be the amount in effect as of the date of building permit application. The applicant has the option to improve the new internal roadway to City of Renton street standards including providing 4" of asphalt for the street paving. The City will grant a credit toward the project traffic mitigation fees for the increased construction costs for this upgrade to the street standards. The credit granted is for up to $22002.50 and shall not exceed the total traffic mitigation fees for the project. 10. Lots within this subdivision are subject to King County Code 21A.43, 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. Revision: Lots within this subdivision are subject to Renton Municipal Code 4-1-160 which imposes impact fees to fund schools stem improvements needed to serve new development. As a condition of final approval, fifty percent (50%1 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. 11. There shall be no direct vehicular access to or from SE 135'h Street or Southeast 136`h Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat. Revision: Condition #11 remains unchanged. 12. The proposed subdivision shall comply with the Critical Areas Code outlined in K.C.C. 21A.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the CAC. Revision: The proposed subdivision shall comply with the Critical Areas Code procedures outlined in RMC 4-3-050E. Permanent survey marking and signs as specified in RMC 4-3-050E shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction. activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the General Performance Standards outlined in RMC 4-3-050E. 13. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. The wetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B. Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site. A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. D. All remaining wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split -railed fence or similar barrier shall be installed along the tract boundary. E. A 15 foot building set back line (BSBI_) is required from the edge of CAT's and shall be shown on all affected lots. F. Additional road improvements are required within the unimproved 162nd Avenue right-of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW_ Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffers 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 King County, to leave undisturbed all trees and other vegetation within the tract/critical areas and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services 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 King County 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 proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line, unless otherwise provided by law. Revision: Preliminary plat review has identified the following. specific requirements which appIV to this ro'ect. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. The rest of Condition #13 remains unchanged for sections A through F. Section G is revised as follows: G. The engineering plans shall be routed to Renton Development Services Division staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract critical area and buffer conve s to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all ur oses that benefit the public health safety and welfare including control of surface water and erosion maintenance of sloe stability, and protection of plant and animal habitat. The critical area tract/critical area and buffers 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 areas and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the Renton Development Services Division 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 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 proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line, unless otherwise provided by law. 14. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21 A.14.190 (i.e., sports court[s], children's play equipment, picnic table(s], benches, etc.). 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 DDEs and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Revision: The applicant may comply with the original condition to provide suitable recreation space as part of the plat development, or 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. 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation and critical area tract(s). Revision: A homeowners' association or other workable oreanization shall be established to It satisfaction of Renton Development Services Division which provides for the ownership and continued maintenance of the recreation and critical area tract(s). 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): 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 King County Department of Transportation determines that trees should not be located in the street right -of --way. c. If King County 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 county 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 DDES 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 DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 162nd Avenue SE is on a bus route. If 162nd Avenue 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 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 DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Revision: Street trees shall be provided as follows: . a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE 184to Place. 5 ac ng may be modified to accommodate sight distance requirements for drivewa s and intersections. b. Trees shall be located within the street right-of-way and pignted in accordance with Drawing No. 5-009 of the 2007 King County Road Standards unless the CitV of menton Department of Public Works determines that trees should not be located in the street right-of-way. c. If the CitV of Renton determines that the required street trees should not be located within the right of-watheV shall be located no more than 20 feet from the street right-of-waV line. d. The trees shall be owned and maintained bV the abutting lot owners or the homeowners association or other workable organization unless the City of Renton has adopted a maintenance program. This shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by the City of Renton Community & Economic Development Department 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 sanitarV 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 the C ity of Renton CommunitV & Economic Development prior to engineering lan approval. g. The street trees must be installed and inspected, ora performance bond posted Priorto 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 the Community & Economic Development Department has completed a second inspection and determined that the trees have been kept healthy and thriving. h. A landscape inspection fee shall also be submitted_ prior to plat recording. 17. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Revision: A landscaping inspection fee shall be submitted prior to Plat recording is the City of Renton fee schedule includes this type of fee at the time of recording. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, DDES File L04P0034, and Cavalla, DDES File L06P0001), on the High Accident Location (HAL) at the intersection of SE 128'h Street/1601h Avenue SE), the Applicant shall individually or jointly with the other developers in the area construct an offsite extension of 162"d Avenue SE in general conformance with the conceptual plan submitted to DDES (dated: July 2, 2007) for the plat of Cavalla, from the current south terminus of 162"d Avenue SE (near the SE 138xx blocky to SE 144th Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/detention/treatment facilities as determined by DDES. These improvements shall include a tight -lining of the existing water- course located on the westerly half of the 162nd Avenue SE right-of-way. (KCC 1.4.80.0308). Note: A multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. b. In order to address the incremental impacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128th Street/160th Avenue SE, this applicant shall — in addition to the requirements of the preceding SEPA condition — dedicate any additional right-of-way required along the SE 136th Street margin of the site needed to construct — in the future, by others (private or public) — an extension of SE 136th Street from 162"d Avenue SE to 166th Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon a future 32 -foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to comply with this condition shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.0305) t Revision: The SEPA condition for the extension of 162nd Avenue SE has been amended by the City of Renton for this project, and Condition #18.a is no longer_ applicable for this project. The City of Renton does not plan on extending 162nd Avenue SE south of the proposed Liberty Garden preliminary plat, due to steep topography, wetlands and other critical areas along this corridor. 14. To implement K.C.C. 21A.38.230 which applies to the site, a detailed tree retention pian shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.13.4.d.(2). Revision: To implement appropriate tree retention standards under RMC 4-4130, a detailed tree retention plan shall be submitted with the engineering plans_for the sub'ect plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4-130. No clearing of the subiect property is permitted until the final tree retention pian is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130 The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. 20. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with the K.C.C. 21A.38.230.B6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) Revision: A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots consistent with RMC 4-4-130. (Note that the tree retention -.plan shall be included as part of the final engineering plans for the subject plat.) NEIGHBORHOOD DETAIL MAP malty of Renton ILD w s� �-- d w SE 128TH ST ° Q w U w cnw w Q Q cn Li w if F-- Qw co00 T Qo Q SE 134TH ST Q SE 134TH ST Ln= cc o SE 135TH ST `O SE 135TH ST -- --- CD ----- w- cn %ii✓�//�i�ii/ L�J SE 2ND PL (SE 138TH ST Q 0 N SE 137TH PL cQ a n z NEIGHBORHOOD DETAIL MAP malty of Renton ILD PUBLIC WORKS DEPARTMENTa C"tyvf �ffto M E M O R A N D U M '1-1iTY OF PE NIT(A DATE: July 21, 2011 TO: STAFF CONTACT: J n III'an Plan Reviewer JUE 26 2011 RECEIVED a i , on Straka, Surface Water Utility Supervisor, x7248 Hebb Bernardo, Surface Water Utility Engineer, x7264 SUBJECT; Threadgill Plat Adjustment 2011-02 The City of Renton Surface Water Utility has completed review of the adjustment request for the Threadgill Plat in accordance with City adopted 2005 King County Surface Water Design Manual (KCSWDM). Our review of the information leads us to understand that the applicant's engineering is requesting an adjustment from the 2005 King County Surface Water Design Manual to core requirement #1 (section 1.2.1), Discharge at the Natural Location. Our review of the information provided by the applicant engineer on lune 21, 2011 provides the following findings: 1. The proposed Threadgill Plat is located at 13502162"d Ave SE. The 15 lot, 4.01 acres proposed subdivision is filed under LUA 08-125. 2. The site has two subbasins, including a 1.5 -acre area that drains to the southwest and a 2.5 -acre area that drains to the southeast. The westerly subbasin is tributary to the Maplewood and Ortin Hills subbasin of the Cedar River. The easterly subbasin is tributary to the Lower Mainstem subbasin on the Cedar River. 3, Hearing Examiner Conditions (January 29, 2008), required the project to comply with the following: a. Surface water discharge from the west basin is required to follow its existing drainage course. b. To mitigate flooding problems identified downstream of the west basin of the Threadgill Plat, and along 144{h St., a level 3 flow control facility designed in accordance with section 1.2.3 was required for the west subbasin. Final engineering plans should provide for level 3 detention of surface water runoff prior to leaving the west basin of the proposed development and should re-examine the discharge of the existing flow Jan Illlan Page 2 of 4 July 21, 2011 from the west basin to determine the extent to which any existing flows are conveyed south along 162"d Ave SE rather than west along the alignment of SE 130 St., during major storm events. c. To mitigate for the flooding problems, in addition to the level 3 flow ..control facility, the applicant proposed three options for improvements along SE 144th St. If any of the surface water flow from the west basin of the Threadgill Plat Is found to travel south along 162nd Ave SE under existing conditions, proposed drainage plans for reconstruction of 162d Ave SW and its extension shall be required to accommodate those flows and assure that there is no diversion to the water to the west. 4. The downstream analysis identified flooding problems downstream of the west basin as well as the east basin. 5. The west basin of the Threadgill Plat contributes to the hydrology of the wetland located in the Liberty Grove Contiguous Plat. 6. The applicant proposed to discharge runoff from proposed lots 1 and 2 directly into a wetland to maintain wetland hydrology. 7. The proposal Is to collect much of the runoff from the project site (3.75 acres) and direct it to a single combined detention and water quality facility located in the east portion of the site. The allowed release would then discharge through an improve conveyance system into the right-of-way of 164th Ave SE, from there the surface water will be conveyed south to the alignment of SE 136th St., then east to the location where current flow from the east basin enters SE 136th St at the existing channel, S. The Department of Development and Environmental Services approved an adjustment to core requirement 1 of the 2005 King County Surface Water Design Manual to allow for the diversion of run-off from the on-site facility to discharge to a new closed pipe system on 1641h Ave and SE 136th St instead of SE 135th St. Adjustment was approved in April 24, 2008. 9. The proposed detention facility was designed as a level 3 storm water facility for the entire basin using the east basin as the existing (forested) site conditions. Facility was designed in accordance with section 1.2.3 of the 2005 KCSWDM. Based on these understandings, findings and per section 1.2.1 of the 2005 Surface Water Design Manual, the adjustment to allow the diversion of runoff to a single H:\File Sys\SWP - Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-3129 Renton Storrnwater M anuai\AOJ USTM ENTS\2011-2 Threadgll l Plat .doc\H B a h Jan Mian Page 3 of 4 July 21, 2011 combined stormwater flow control and water quality treatment facility draining to SE 164th Ave is approved with the following conditions: 1. The release rate from the detention facility will be based on all of the tributary area being directed to the facility. Tributary area discharging to the on-site wetland (located on the west basin) as needed may be removed from this calculation. 2. The volume of the stormwater detention facility shall be based on all flows directed to the facility at full development under current zoning. The detention volume shall be sized using Level 3 Flood Problem Flow Control Standards in the 2005 KCSWDM. The pre -developed condition runoff rates for the sizing of the facility shall be based only on the east basin using forested site conditions. The TIR shall include all required documentation detailed in chapter 2 of the 2005 KCSWDM for the sizing of the facility. 3. A wetland report shall be provided. The report shall Include a hydrologic assessment prepared in accordance with Reference 5 of the 2005 KCSWDM. The wetland hydroperiod under existing pre -development and anticipated post development conditions shall be measured or estimated and included in the report. This assessment should be performed with the aid of a qualified hydrologist. The report shall also Include recommendations for maintaining the pre -developed wetland hydroperiod under developed conditions. 4. The water quality facility shall be sized based on the entire proposed subdivision draining to the facility including any required frontage improvements. 5. Additional storm drainage requirements identified by the King County Office of Hearing Examiner or SEPA will apply to this project. 6. Please note that the approval of this adjustment does not relieve the applicant from other conditions stipulated in previously approved adjustments, city, state, or federal requirements. Notes to applicant: 1. All lots within the Threadgill Plat are required to provide flow control BMPs in accordance with figure C.1.3.A of the 2005 KCSWDM. Flow control BMP credits in accordance with section 1.2.3 of the 2005 KCSWDM may be used to reduce the size of the required flow control facility, The feasibility to implement full dispersion BMPs and full infiltration BMPs shall be verified first. If Implementation of full dispersion BMPs and full Infiltration BMPS are not feasible alternatives, then any of the BMPs listed in figure C.1.3.A shall be H:\FIIe Sys\SWP - Surface water Prnjects\SWP-27 - Surface Water Projects (CIP)j27-3129 Renton Stormwater ManuallADJUSTMENTS`2011-2Threadglll Plat.doc\HBah Jan 111€an Page 4 of 4 July 21, 2011 provided. The selected flow control BMP to be implemented on each lot shall be shown on the construction plans. Drainage calculations for the sizing of the proposed BMPs to be constructed on each lot shall be included in the TIR. Construction of the proposed flow control BMPs may be differed for construction on the lot at time of building permit. To allow the City access to Inspect proposed drainage facilities within the Threadgill Plat and designate maintenance responsibility, a declaration of covenant for the maintenance and inspection of flow control facilities and BMPs shall be recorded with King County prior to final inspection. The required declaration of covenant for the maintenance and inspection of drainage facilities and BMPs shall be reviewed by the City prior to recording. If you have any questions about this adjustment, please contact Hebra Bernardo or me. cc: Lys Hornsby, P.E., Ut€Ilty Systems Director Kayren Kittrick, Development Services Supervisor File H:`File Sys\SWP -Surface water Projects\SWP-27 -Surface Water Projects ICIP]\27-3129 Renton Stormwater Manual\ADJVSTMENT5`2011-2 Threadgill Plat ,doc\Heah City of , on Department of Community & Economic D lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: �-� COMMENTS DUE: JULY 121 2012 APPLICATION NO: LUA12-047, FP DATE CIRCULATED: JUNE 28, 2012 APPLICANT: Windsor Circle, LLC PROJECT MANAGER: Jan Illian PROJECT TITLE: Windsor Circle Final Plat PROJECT REVIEWER: Rocale Timmons SITE AREA: 4 acres EXISTING BLDG AREA (gross): LOCATION: 13502 SE 162nd Street PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: Final Plat to subdivide a .4 -acre parcel into 15 single-family lots. Improvements include construction of a new public street (S 47th Place) within the plat, storm drainage, storm pond, sidewalk, curb and gutter,. Water is WD #90 and sewer is City of Renton. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li h Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet A/ (j-yu-,2_ C. CODE -RELATED COMMENTS / 0 ---r�G �1 �fJ�J a C 1o:cJ We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ignature of Director or Authorized Representative Date DEPARTMENT OF COMMUNITY ' AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: October 8, 2012 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Illian x 7216 SUBJECT: WINDSOR CIRCLE FINAL PLAT MYLARS FOR SIGNATURE Iwen, Here are two sets of mylars for the Windsor Circle Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on September 24, 2012 • Received Technical Services Approval • All fees permit fees and mitigation fees have been paid * Inspector has signed off the construction permit Please contact me when they have been signed and I will stop by and pick them up. Thank You. i_IprojectslthreadgiMplat to gregg.doc WINDSOR CIRCLE AKA THREADGILL FINAL PLAT LUA12-047 1. As Built mylars submitted 2. As Built street light mylars submitted, N/A 3. Street lighting finaled. N/A 4. Monument cards submitted S. 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 DEPARTMENT OF COMMUNITY Cityaf AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: October 4, 2012 TO: Iwen Wang, Finance Administrator FROM: Jan Mian x 7216 SUBJECT: WINDSOR CIRCLE FINAL PLAT MYLARS FOR SIGNATURE ]wen, Here are two sets of mylars for the Windsor Circle Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on September 24, 2012 • Received Technical Services Approval • All fees permit fees and mitigation fees have been paid • Inspector has signed off the construction permit Please contact me when they have been signed and I will stop by and pick them up. Thank You. iAprojectslthreadgd1\p1at to finance,doc Jan Illian From: Corey W Thomas Sent: Monday, October 08, 2012 7:28 AM To: Jan Illian Subject: RE: Harmony GroveWndsor Circle Sign Off I have no issues with final recording. . ....... ......... ............. From: Jan Illian Sent: Friday, October 05, 2012 12:33 To: Rocale Timmons; Corey W Thomas Cc: Steven Pinkham Subject: Harmony Grove/Windsor Circle Sign Off Rocale and Corey, I am working on final plat recording for Harmony Grove/Windsor Circle. Do you have any outstanding issues ? Thanks. City of Renton Development Services 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: iillian@rentonwa.gov 1 CITY OF RENTON Construction Permit Permit Number: U 110089 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. Work Description: INSTALL ROAD, STORM, AND SEWER FOR 16 LOT PLAT. WATER IS WD#90. KC APPROVED PRELIMINARY PLAT. HARMONY GROVE. Job Address: 13502 162ND AVE SE 162 AVE SE AND SE 135TH 93619 Owner: THREADGILL GARRY E 16216 SE 135TH RENTON WA 98055 Contractor: PRO GRADE ENTERPRISES INC PO BOX 1182 MAPLE VALLEY, WA 98038 Contact: PNW HOLDINGS LLC Contractor License: Contractor Phone: City License: Contact's Phone: PROGRGES82DK 360-886-7257 34575 Other Information: Date of Issue Date of Expiration Date Tinaled 03/19/2012 Cl//,:;? Work Order Parcel Number Inspector's Name Inspector's Phone 87031 1457500040 STEVE PINKHAMI JI 206-999-1832 It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performance of the workdescribed above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. 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 SAM and 5PM Locate utilities before excavating. Call before you dig - 72 Hour Locators 1-800-424-5555 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. 04 Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. X i ag4�4aw' A Applicant Public Works Rep THIS PERMIT MUST BE POSTED AT THE JOS SITE AT ALL TIMES. CITY OF RFNTON PLANNING/BUILDINOIPUBLIC WORKS MEMORANDUM DATE: September 24, 2012 TO: Bob Mac Onie �J FROM: Kayren Kittrick, X7299 SUBJECT: WINDSOR CIRCLE FINAL PLAT LUA 12-047FP 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 CO: Yellow File Wednesday, September 5, 2012 City of Renton Jan Illian Development Services 1055 South Grady Way Renton, WA 98055 RE: Substantial Completion of Water Mains and Hydrants and Fire Flow — Harmony Grove — 162 Ave SE & SE 135 P1— Pen -nit Ul20032 Dear Jan Illian: This letter is to inform you that King County Water District NO. 90 has reviewed the Harmony Grove Water System and found that the water mains and all 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, �s�15,�r Om�d Joshua Deraitus Operations Manager, KC WD 90 cc: Justin Lagers, PNW Holdings LLC %\kcwd90.lmeilldata\CompanyData\EnginreringlDeveloper Extensions Substantial Completion\Harmony Grnve DE SUbStantlal Completion 9-5-12,&x . A. Printed: 10-08-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-047 08/28/2012 03:48 PM Total Payment: 32,406.64 Current Payment Made to the Following Items: Receipt Number: Payee: MICHAEL GLADSTIEN Trans Account Code Description Amount ------ 3021 ------------------ 303.000000.020.345 ------------------------------ Park Mitigation Fee ---------------- 7,430.64 5043 000.000000.000.237 Issaquah School Impact 23,727.20 7010 000.369.90.00.0018 Misc Administrative fees 1,248.80 Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Credit C VISA Account Balances Trans Account Code Description 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 5043 000.000000.000.237 Issaquah School Impact 5909 000.000000.002.341 Booklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 32,406.64 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R1203972 5998 000.000000.000.231 Tax 0O 7016 00U.'369.90.00.0018 Misc ministrative fees .00 Remaining Balance Due: $0.00 Printed: 10-08-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U110089 10/21/2011 10:02 AM Total Payment: 10,704.65 Current Payment Made to the Following Items: Receipt Number: Payee: JUSTIN L.AGERSIVISA Trans Account Code Description Amount ------ 3080 ------------------- 503.000000.004.322 ------------------------------ Technology Fee ---------------- 311.79 4028 000.000000.007.343 Public Works Inspection 5,053.01 4033 407.000000.018.343 Stormwater Insp Approval 2,551.28 4042 406.000000.018.343 Sewer Inspection Approvl 2,788.57 Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Credit C VISA Visa Account Balances 10,704.65 Trans Account Code Description Balance Due ------ 3080 ------------------ 503.000000.004.322 ------------------------------ Technology Fee --------------- .00 4028 000.000000.007.343 Public Works Inspection .00 4033 407.000000.018.343 Stormwater Insp Approval .00 4040 426.000000.018.388 Spec Util Connect Sewer .00 4042 406.000000.018.343 Sewer Inspection Approvl .00 4044 406.000000.018.322 Sewer Permit .00 4050 000.000000.007.322 Right-of-way Constructn .00 4056 425.000000.018.388 Spec Util Connect Water .00 4057 405.000000.018.343 Water Inspection Approvl .00 4059 405.000000.018.388 Misc. Water Installation .00 4061 407.000000.018.322 Storm Water Permits .00 4069 427.000000.018.388 Spec Util Connect Stormw .00 5025 000.000000.007.322 Street Lighting Fee .00 Remaining Balance Due: $0.00 R1104227 Printed: 10-08-2012 Payment Made CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U110089 03/19/2012 10:53 AM Total Payment: 48,737.65 Current Payment Made to the Following Items: Receipt Number: Payee: ROBERT GLADSTEIN Trans Account Code Description Amount 3080 503.000000.004.322 Technology Fee 311.79 4028 000.000000.007.343 Public Works Inspection 5,053.01 4033 407.000000.018.343 Stormwater Insp Approval 2,551.28 4040 426.OD0000.018.388 Spec Util Connect Sewer 23,865.00 4042 406.000000.018.343 Sewer Inspection Approvl 2,788.57 4069 427.000000.018.388 Spec Util Connect Stormw 14,168.00 Payments made for this receipt Trans Method Description Amount Payment Credit C VISA 48,737.65 Account Balances Trans Account Code Description 3060 503.000000.004.322 Technology Fee 4028 000.000000.007.343 Public Works inspection 4033 407.000000.018.343 Stormwater Insp Approval 4040 426.000000.018.386 Spec Util Connect Sewer 4042 406.000000.018.343 Sewer Inspection Approvl 4044 406.000000.018.322 Sewer Permit 4050 000.000000.007.322 Right-of-way Constructn 4056 425.000000.016.388 Spec Util Connect Water 4057 405.000000.018.343 Water Inspection Approvl. 4059 405.000000.018.386 Misc. Water Installation 4061 407.000000.018.322 Storm Water Permits 4069 427.000000.018.388 Spec Util Connect Stormw 5025 000.0000DO.007.322 Street Lighting Fee Remaining Balance Due: $0.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 M 81201188 Printed: 10-08-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-047 06/20/2012 10:15 AM Total Payment: 1,345.00 Current Payment Made to the Following Items: Receipt Number: Payee: WINDSOR CIRCLE LLC Trans Account Code Description Amount ------ 3080 ------------------ 503.000000.004.322 ------------------------------ Technology Fee ---------------- 45.00 5011 000.000000.007.345 Prelim/Tentative Plat 1,500.00 Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Check 40413 Account Balances 1,545.00 Trans Account Code Description Balance Due ------ 3021 ------------------ 303.000000.020.345 ------------------------------- Park Mitigation Fee --------------- .00 3080 503.000000.004.322 Technology Fee 00 3954 650.000000.000.237 Special Deposits .00 5006 000.000000.007.345 Annexation Fees .00 5007 000.000000.011.345 Appeals/Waivers .00 5008 000.000000.007.345 Binding Site/Short Plat .00 5009 000.000000.007.345 Conditional Use Fees .00 5010 000.000000.007.345 Environmental Review .00 5011 000.000000.007.345 Prelim/Tentative Plat .00 5012 000.000000.007.345 Final Plat .00 5013 000.000000.007.345 PUD .00 5014 000.000000.007.345 Grading & Filling Fees .00 5015 000.000000.007.345 Lot Line Adjustment .00 5016 000.000000.007.345 Mobile Home Parks .00 5017 000.000000.007.345 Rezone .00 5018 000.000000.007.345 Routine Vegetation Mgmt .00 5019 000.000000.007.345 Shoreline Subst Dev .00 5020 000.000000.007.345 Site Plan Approval .00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence .00 5022 000.000000.007.345 Variance Fees .00 5024 000.000000.007.345 Conditional Approval Fee .00 5036 000.000000.007.345 Comprehensive Plan Amend .00 5043 000.000000.000.237 Issaquah School Impact .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 5941 000.000000.007.341 Maps (Taxable) .00 5998 000.000000.000.231 Tax .00 R1202789 -F_,�Lj AR FOUND RE3AR Fouxo kalc AND CAP162ND AVENUE S.E. o a11O s L5� 102t9 0.00'E 001's �j N 01'43'55 W 32734' O.02V FOUND MIC w 00'N DEDICATED TO THE Y OF RENTON VA _ NRt'43'55'W _ )RIG OF TN!S PLAT 501'43'S5'E 297.24' 1x313' 96.117' t 35acrJ 1 LA w 8' (p TRACT E 104.110' I SENSITIVE c * ` 5' PRIVATE lA y 0"NAGE a lJ w o _SEENEN7 0 _.� EASEUENr 14 N a I S a w NOTE Na 7 N01`71'07 -E m k„Jj I 1 30' 30' rty,,, � 104.00' oPu®uc u7uymT13 =E�� n EASEMENT g n*� ` NO,'11'07� -SLE E.kSEd/r7�lT NOTE 1 � � II S i 521.58' 1 Q o a _ � 15' E358� HOT'Itb7� z —� ----- - n 104.19' o w 10' PRlVA1E � - -- DRAINAGE ��^ m ti Q o EASE14ENT T -SEE EASE", NO7E Na 3 N Z 12 o a _ N07'!1b7'E m z i � NOt 3.86' C1 + 5' PPIVATEt11.21' .r � O in ta' Pusuc uTu�Tr eASLUENr -�-, � �_A�rt u -SEE EASE7VENT NOTE NR I I) > _ -� -�- EAgyEW 11 l� � (; � � � I V� 1 NOt'it'07'E V N6, I U7="7—!- z �— �"'- x Z 713.85• __ _ 73 °t 10' CITY OF �. im $ I SEWR� Td ` 1 J _ I -SEE EASEI/El T f MNOTE ND s m 4 713.75' Q„ i. I N0,'71)O w N SDRNNAGE �' u 5' PFd'VA IE m as EASEMENT DRAINAGE p + �n -SEE EASEiIENi Fr1sEUENT `1 $ I -FOUND REBAR AND 4 1JaiE NO. I IV �' -SEE EASa+Enr7 a sMasHEv CAP - TE i NONO. 8 oQ 0•CO'N ..�• 113.54' - N41'I 1'07'C C -•�-. ,�`` d jvrT C+�• ,fit o q 8 o r N�o 1 �+ Npt^I1'07'E 4 Npr N 85.59' 1 3.17' ! I &.ii' I 0 t 5' PRIVATE > �.{ 15' PLeLjc V Pr DRAN!tiACE 1 �.M x WA TS? 'o�+o� EJ SENETIT LO /� ✓ �- EASENFN r'7'" V �1� -SEE EASFM:M q ` "k+. SE£ EASEMENT ��tf � NOTE N0. 5 Y NO 7Z NO. 2 Q `T '� [.. 'f4.37 NO! -11-07-E �""�3`"011 � / 90.75 I (D 3 ' p ,k CI N50"317.98' I � Npr2 � t7.B8 i 0 � w c k C TRACT A I c f STOW DtrEWFM f t-37.st R-25.00 L-4aSS 4 -56^39'04' a � R�2S00 O-93'14'4YN62'09'49ti4' 228.12 FOUND REBAR f... 296.18' W FOUND REBA.R of � 10219 4.01' 0.11g'N FOUND . _ .. r. coir Denis Law City of - Mayor. -000000 L _ August 31, 2011 Department of Community and Economic Development Alex Pietsch, Administrator . Justin Lagers s Director. of Land Acquisition &. Development Ameritan Classic Homes 9725 SE. 36' Street, Suite 214 I Mercer Island, WA 98040 Sulaject: .Minor Amendment Approval-Threadgill Preliminary Plat 13502 162" d Avenue Southeast Dear Mr. Lagers: We have reviewed your request.to allow an alternate solution to the required off-site pedestrian school route improvements. We have also reviewed your request for credit toward traffic mitigation/impact. ' fees for the installation of enhanced street improvements for the project. Finally, we have reviewed the list of project conditions established by the King County Hearing Examiner prior to annexation, and are, approving revisions to the wording of the plat conditions to clarify Renton requirements for approval of the ficial plat..These requests and revisions are all approved as part of a minor amendment td the preliminary plat, as allowed by Renton M- inicipal Code (RMC) 4-7-080M. Xcopy of the approvea.. revisions to the project conditions is attached: These revisions include the approved modifications to the street standards, approval for the traffic irhpact fee credit request, and approval of the requested alternate school walkway installation: If y,ou.have any further questions -regarding street improvement or -drainage requiremen.0 for this project, please. contact Jan Illian at 425-430-7216 or iillian@rentonwa. ov. . Sincerely, Neil Watts, Director . Development Services Director CC.. Kayi•en Kittrick Jennifer Henning .Jan Illian Rotale Timmons Renton City Hall • 1055 South Grady Way • Renton, Washington'98057 • rentonwa.gov DEPARTMENT OF COMMUNITYa l of 1 AND ECONOMIC DEVELOPMENT D M E M Q R A N D U M DATE: July 13, 2012 TO: Jan Illian FROM: Bob Mac Onie�- I ,f SUBJECT: Windsor Circle, LUA-12-047-FP Format and Legal Description Review I have reviewed the above referenced final plat submittal and have the following comments: Note the City of Renton land use action number and land record number, LUA-12-047- FP and LND-10-0491, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that LUA number currently shown is incorrect. Include a statement of equipment and procedures used, per WAC32-130-100. The lot addresses have been requested and will be provided as soon as available. Note said addresses on the plat drawing. Remove the signature line for the Administrator Department of Community and Economic Development and please add the following: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments and that all special assessments certified to the City Treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full. This day of , 2012 FINANCE DIRECTOR Please include dimensions for the eastern and western boundaries of the area dedicated for SE 135'h St. h:lfile sysllnd - land subdivision & surveying records1nd-l0 - plats1049I(windsor circle)1rv120713.doc Page 2 of 2 July 13, 2012 The City's policy with respect to the ownership and maintenance of Storm water facilities has changed. Specifically the City will be the owner and maintainer of the storm water detention ponds and/or vaults together with appurtenances including the conveyance system supplying the same. Please contact the Surface Water Utility to discuss the City's requirements. The foregoing will necessitate some changes to the final plat: regarding conveyance of Tract 'B', changes to various grant of easements statements, an elucidation of the lots using BMP structures and other language changes or additions. Changes may also need to be made to the CC&Rs document. hafile sysUnd - land subdivision & surveying recordsllnd-10 - plats10491(windsor circle)1rv120713.doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JULY 12, 2012 APPLICATION NO: LUA12-047, FP DATE CIRCULATED: JUNE 28, 2012 APPLICANT: Windsor Circle, LLC PROJECT MANAGER: Jan Illian PROJECT TITLE: Windsor Circle Final Plat PROJECT REVIEWER: Rocale Timmons SITE AREA: 4 acres EXISTING BLDG AREA (gross): LOCATION: 13502 SE 162nd Street PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: Final Plat to subdivide a .4 -acre parcel into 15 single-family lots. Improvements include construction of a new public street IS 47th Place) within the plat, storm drainage, storm pond, sidewalk, curb and gutter,. Water is WD #90 and sewer is City of Renton, A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Forth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources i' B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Trans ortotion Public Service Histofi tura! Pros-6vatlon Airport Environment 10,000 Feet 14,000 Feet C. CODE -RELATED COMMENTS We have reviewed this application -Mtirparticular attention to those areas in which we have expertise and have identified areas of probable impact ��r areas .era ditianal info�motiogas ceded to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: '�.-� Y -C COMMENTS DUE: JULY 12, 2012 APPLICATION NO: LUA12-047, FP DATE CIRCULATED: JUNE 28, 2012 APPLICANT: Windsor Circle, LLC PROJECT MANAGER: Jan Illian PROJECT TITLE: Windsor Circle Final Plat PROJECT REVIEWER: Rocale Timmons SITE AREA: 4 acres EXISTING BLDG AREA (gross): LOCATION: 13502 SE 162"d Street PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: Final Plat to subdivide a .4 -acre parcel into 15 single-family lots. Improvements include construction of a new public street (S 47th Place) within the plat, storm drainage, storm pond, sidewalk, curb and gutter,. Water is WD #90 and sewer is City of Renton. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts impacts Necessary Earth Air Water Plants Land/Shorekne Use Animals Environmental Health Energy/ Natural Resources 8. POLICY -RELATED COMMENTS C CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht Glare Recrea tion Utilities Trans ortatian Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet A/ P,u<- /1'0 11 v l/ (e/fN2— 011 S �(I f✓ % i1 •�!i /QJ�.i� / - '�- �/ 4/li r,�t-I^l%'.l We have reviewed this application with particular attention to those areas in which we have expertise and hove identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date Denis Law Mayor Czty Of:l Department of Community and Economic Development June 28, 2012 C.E•"Chi p"Vin cent, Interim Administrator Justin Lagers PNW Holdings, LLC 9675 SE 36th Street #105 Mercer Island, WA 98040 Subject: Notice of Complete Application Windsor Circle Final Plat, LUA12-047, FP Dear Mr. Lagers: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7216, if you have any questions. Sincerely, JJanIllian Project Manager cc: Windsor Circle, LLC / owner(s) Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov LJ4,+ (ak- efq City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) Windsor Circle, LLC NAME: 9675 SE 36 Street, Suite 105 ADDRESS: Mercer Island 98040 CITY: ZIP: 206-588-1147 TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP,- TELEPHONE IP:TELEPHONE NUMBER: CONTACT PERSON NAME: Justin Lagers PNW Holdings, LLC COMPANY (if applicable): ADDRESS: 9675 SE 36 Street, Suite 105 Mercer Island 98040 CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: 206-588- 1147 I Justin@pnwholdings.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Windsor Circle —AKA Harmony Grove / Threadgill PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 13502 SE 162nd Avenue Southeast, Renton, WA 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 145750-0040 EXISTING LAND USE(S): Vacant Land PROPOSED LAND USE(S): Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RLD- Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) Residential Low Density - Same EXISTING ZONING: R-4— Vested to fling County Zoning Regulations PROPOSED ZONING (if applicable): R-4 — Vested to King County Zoning Regulations SITE AREA (in square feet): 174,675 square feet +/- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 40,357 square feet SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 3.75 DUI AC — based on King County Gross Density Calc. NUMBER OF PROPOSED LOTS (if applicable) 15 lots NUMBER OF NEW DWELLING UNITS (if applicable): NA C:1(lserslACHlDocuments\ProjectslHarmony GroveTinal Platlmasterapp.doc - 1 - 03/11 1 L ..OJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA TION continued PROJECT VALUE: $1,935,000.00 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft_ X WETLANDS 16,559 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach logaI description on separate sheet with the followinginformation included) SITUATE IN THE NE QUARTER OF SECTION 14, TOWNSHIP 23, RANGE 5 EAST, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Michael Gladstein, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or X 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. S9 2ot Sign a of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidenoe that /t7tcrlA�� 444-657Zlr�% signed this instrument and acknowledge it to b is erltheir free and voluntary act for the uses and purpose mentionk*�Kx" �Jrument. Dated Notary Public in and for State of Washington Notary (Print): Z_ 1>4 'Y" My !- My appointment expires: �'Z,2 C:1[JserslACH\DocumentslProjects\Harmony GmvcTinal Platlmastcrapp.doc - 2 - Q3/11 LEGAL DESCRIPTION OF PROPERTY (Attach logaI description on separate sheet with the followinginformation included) SITUATE IN THE NE QUARTER OF SECTION 14, TOWNSHIP 23, RANGE 5 EAST, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Michael Gladstein, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or X 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. S9 2ot Sign a of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidenoe that /t7tcrlA�� 444-657Zlr�% signed this instrument and acknowledge it to b is erltheir free and voluntary act for the uses and purpose mentionk*�Kx" �Jrument. Dated Notary Public in and for State of Washington Notary (Print): Z_ 1>4 'Y" My !- My appointment expires: �'Z,2 C:1[JserslACH\DocumentslProjects\Harmony GmvcTinal Platlmastcrapp.doc - 2 - Q3/11 PLANNING DIVISION WAIV : OF SUBMITTAL RE-QL __.EMENTS FOR LAND USE APPLICATIONS LAND USS Pf~R#�iT �UE3.rvIifTTAI. VVAIV�r� �ItQl31FtEC� CQMI�#E€VTS . ' Calculations Cc,ioaeiMap5forDisplay4 Construction Mitigation Description 2AND 4 peed Q0t of VV c� D[IlctEon Density Worksheet 4 rrt�agGb'ntl .Pl z ... Drainage Report 2 �I�u�t�i�r�S /arohrtectpra€saNba..... Environmental Checklist 4 xtsttng Gvenants (Recorded Cppya Existing Easements (Recorded Copy) 4 od Hazard :Dated::.... •' Floor Pians g AND 4 Grading Plan, Conceptual 2 radrng€ Habitat Data Report 4 lmpra�Emsnt Deferra€ 2 Irrigation Plan 4 Kingc CounNA ...s or's Map Indlcating Site4 Landscape Plan, Conceptual a ah s.cP€art, etarled a Legal Description 4 Master Application Form 4r?r� �I �Vlon�irr ent Cards (ane pqr, nonra r er�t) y Neighborhood Detail Map 4 041,2 Par#cing Lot CWLar}cfsip+rc Ahalysis.4...... s 1 Plan Reductions (PMTs) 4 - f Post Ofjicb PrpprOVat z This requirement may be waived by: 1. Property Services PROJECT NAME: - 2. Public Works Plan Review 3. Building DATE: %S 4. Planning H:10EDO@taTorms-Templates\Self -Help Handnutr\Planninglwaiverofsubmittalregs.xls 08109 PLANNING DIVISION WAIVER = SUBMITTAL REQUIRE :--'NTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services 2. Public Works Pian Review 3. Building 4. Planning PROJECT NAME: ,lJi/,fos4lc"//1C.LL DATE: H:ICEDIDatalForms-Templates\Self-Help Handouts\Planning\waiverofsubmittalregs,As 06109 The ThreadRill Preliminary Plat conditions were addressed as follows: The proposed subdivision of Threadgill Plat, as revised and received December 11, 200Ey 'lA t pqo preliminary approval, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. Revision: Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. RCM 4-7-110 requirements are being met with the final plat map. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Revision: Delete this condition. King County staff have been unable to provide any information on the content or intention of the referenced Kin Cg ounty Council Motion No. 5952. Noted 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as 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 Department of Development and Environmental Services. Any plat boundary discrepancies shall be resolved to the satisfaction of DDES 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. Revision: The plat shall comply with the base density and minimum densitv requirements of the R-4 zone classification -Lc!--p lace in...Ki ngCounty on December 11, 2006. All _Lots shall meet the minimum dimensional requirements of said R-4 zone classification or shall be as 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 Planning Division. Anv plat boundary discrepancies shall be resolved to the satisfaction of the Renton Plannine Division prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus. an overlapping boundary or a phvsical appurtenance which indicates an encroachment, lines of possession or a conflict of title. The plat map is as approved by the City after getting approval of a single pond at the east end of the project and widening the streets to meet City of Renton standards. 4. 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). Revision: 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 the City of Renton Development Services Division per RMC 4-9-250D. The roads were constructed to Renton standards. r 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. Revision: 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. The Renton Fire Department approved the fire hydrant/water main locations and fore flow standards as shown on the approved plan. 6. 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 modifying the location of lots or tracts 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 K.C.C.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 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. The plans and drainage analysis complies with City of Renton Drainage Adjustment 2011-02 with a single Level 3 pond at the east end of the project. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164th Avenue Southeast, at approximately the location shown on exh. No. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option 1 substantially as presented in exh. No. 29 is denied, the hearing on this application shall be reopened for the limited purpose of reevaluating surface water drainage alternatives for the east basin. c. Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be reexamined to determine the extent, if any, to which existing flow travels south along the alignment of 162"d Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162nd Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. Revisions: The adjustment discussed in (b) will be reviewed and subject to the approval of Renton Development Services. The rest of Condition #6 remains unchanged. The plans and drainage analysis complies with City of Renton Drainage Adjustment 2011-02 with a single level 3 pond at the east end of the project. 7. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. Done. b. FRONTAGE: The frontage along 162"d Ave SE (east side) shall be improved at a minimum to the urban subcollector street standard. Done. c. The Applicant shall widen 162°6 Avenue SE, from the intersection of SE 1361h Street to the northeasterly curb return of the intersection of SE 137th Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist of a minimum of 22 -foot wide roadway together with a walkway that is: (i) Eight feet wide if directly abutting the traveled -way, or (ii) Five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional 1 -foot shy distance from the shoulder edge of the northbound travel lane —i.e., 162nd Avenue SE would need to be at least 23 -feet wide) (The road/walkway was improved with the 5' walkway separated with a curb) or, (iii) Five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) in lieu of these options. Note: It is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla L06P0001, on appropriate portions of 162nd Avenue Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164th Avenue Southeast, and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DDES to provide safe walking conditions for elementary school students. Per Neil Watts approval, the existing sidewalk along the south side of SE 136`h Street was extended from mid -block between 160th Ave SE/162nd Ave SE to 160th Avenue SE to fulfill this condition, to a school bus stop at the intersection of 160th AVE SE/SE 136tH e. Tract D shall be improved to the joint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. This tract was eliminated. f. Thirty feet of additional R/W shall be dedicated along the frontage of SE 1351h Street; along with R/W radii at the northwest corner of Lot 15 and the northeast corner of Tract B. As agreed as part of the agreement to widen the internal street to Renton standards, 18' of additional R/W is being dedicated to the City along the SE 135th Street frontage. The R/W radii are also being dedicated. This is show on the plat map. g. R/W radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. Done. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Noted. i. A conceptual frontage road improvement plan for the future construction of SE 136th Street, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient R/W will exist for future construction of SE 136th Street to the east. Revision: The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS), or as modified per Renton Municipal Code 4-9-250D. a. The new internal roadway for the plat shall be constructed to City of Renton residential street standards including a 26 foot pavement section vertical curbs eight foot planting strips and five foot sidewalks. Done. b. The frontage along 162"d Ave SE east side shall be improved at a minimum to the 1993 KCRS urban subcollector street standard. Done. c. The applicant shall widen 162"d Avenue SE from the intersection of SE 136th Street to the northeasterly curb return of the intersection of SE 137th Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Libert High School, and Maywood Middle School. These improvements shall include a minimum of 22 feet of pavement width, and either an eight foot walkway adjacent to the pavement,_a five foot walkway with a curb separation from the traveled lane or a five foot walkway separated from the travel lane by a gravel shoulder. These improvements may include construction of full urban improvements (curb, gutter, and sidewalk) in lieu of these options. Done. The applicant shall provide an improved walkway within the right-of-way of Southeast _1.35th Street or Southeast 136th Street to 164th Avenue Southeast and continuing east as necessarV, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood ElementarV School to the north. In lieu of these off-site improvements, the applicant has the option of installing full urban street level improvements for the south side of SE 136th Street west of 1601h Avenue SE, with a minimum 20 foot pavement section, vertical curb and a six foot sidewalk linking the existing sidewalk sections east and west of the this missing pedestrian sidewalk link. Done. e. Tract D shall be improved to the ioint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. This tract was eliminated. f. To meet City of Renton right-of-way width requirements, the applicant shall dedicate eighteen 18 feet of additional right-of-way along the frontage of SE 135th Street- along with ri ht-of-wa radii at the northwest corner of Lot 15 and the northeast corner of Tract B. Done. g. Right-of-way radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. Done. h. Modifications to the above road conditions may be considered according to the modification provisions in Section 4-9-250D of the RMC Noted. i. The existing right-of-way width for SE 136th Street adlacent to the project is 60 feet in width, which is sufficient to accommodate future construction of street improvements to the current City of Renton standards. No further design work or right-of-way dedication is required for the section of SE 136th Street for this project. Noted. S. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Revision: All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. Noted—the roads and utilities construction is nearly complete. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS flee 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 plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), 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. Revision: 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: (I pay the traffic mitigation or impact fee at the final plat recording, or (21_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. The applicant has the option to improve the new internal roadway to City_of Renton street standards, including providing 4" of asphalt for the street paving. The City will grant a credit toward the project traffic mitigation fees for the increased construction costs for this upgrade to the street standards. The credit granted is for up to $22002.50, and shall not exceed the total traffic mitigation fees for the rp oiect. The roadway is in construction, per Renton standards with 4" of asphalt. 10. Lots within this subdivision are subject to King County Code 21A.43, 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. Revision: 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. Noted ---this will be paid as needed. 11. There shall be no direct vehicular access to or from SE 135`x' Street or Southeast 136`h Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat. Note added to final plat. Revision: Condition #11 remains unchanged. 12. The proposed subdivision shall comply with the Critical Areas Code outlined in K.C.C. 21A.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the CAC. Revision: The proposed subdivision shall comply with the Critical Areas Code procedures outlined in RMC 4-3-050E. Permanent survey marking and signs as specified in RMC 4-3-050E shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g.,_ with bright orange construction fencing) shall_ be placed_ on the site and shall _remain in place until all construction activities are completed. All offsite construction required as conditions of final plate approval shall likewise comply with the General Performance Standards outlined in RMC 4-3-050E_ The wetland creation and buffer mitigation is under construction per the approved plan. 13. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. The wetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B. Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site. A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. D. All remaining wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split -railed fence or similar barrier shall be installed along the tract boundary. E. A 15 foot building set back line (BSBL) is required from the edge of CAT's and shall be shown on all affected lots. F. Additional road improvements are required within the unimproved 162nd Avenue right-of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW. Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffers 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 King County, to leave undisturbed all trees and other vegetation within the tract/critical areas and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services 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 King County 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 proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line, unless otherwise provided by law. Revision: Preliminary plat review has identified the following specific requirements which apply to this ro'ect. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. The rest of Condition 413 remains unchanged for sections A through F_ Section G is revised as follows: G. The engineering lans shall be routed to Renton Development Services Division staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract critical area and buffer conve s to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health safety and welfare including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract critical area and buffers 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 areas and buffer. The vegetation within the tract critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the Renton Development Services Division 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 prior to any clearing grading, building construction or other development activitv 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 proposal .activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line unless otherwise provided by law. The wetland creation and buffer mitigation is under construction per the approved plan. 14. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21 A.14.190 (i.e., sports court(s), children's play equipment, picnic table[s], benches, etc.). 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 DDEs and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Revision: The applicant may comply with the original condition to provide suitable recreations ace as art of the plat development, or 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. A fee in lieu of providing recreational space will be paid. 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation and critical area tract(s). Revision: A homeowners' association or other workable organization shall be established to the satisfaction of Renton Development Services Division which provides for the ownership and continued maintenance of the recreation and critical area tract(s). Please see draft HMA document. 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): 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 King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County 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 county 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 DDES 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 DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 162nd Avenue SE is on a bus route. If 162nd Avenue 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 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 DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Revision: Street trees shall be provided as follows: T� _. to a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE 184 Place. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. The street trees are being constructed per the approved landscape plan. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Standards, unless the City of Renton Department of Public Works determines that trees should not be located in the street right-of-way- The street trees are being constructed per the approved landscape plan. c. If the City of Renton 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. The street trees are being constructed per the approved landscape plan. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the City of Renton has adopted a maintenance program. This shall be noted on the face of the final recorded plat. A note on the final plat calls for the HOA to maintain the planter strip and street trees and the HOA to own the street trees until the City of Renton adoptes a maintenance program. e. The species of trees shall be approved by the City of Renton Community & Economic Development Department 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. The street trees are being constructed per the approved landscape plan. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval b the City of Renton Community & Economic Development prior to engineering plan approval. The street trees are being constructed per the approved landscape plan. g. 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 recordingof f 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 the Community & Economic Development Department has completed a second inspection and determined that the trees have been kept healthy and thriving. Noted h. A landscape_ inspection fee shall also be submitted prior to plat recording. Noted 17. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Revision: A landscaping inspection fee shall be submitted prior to plat recording is the City of Renton fee schedule includes this type of fee at the time of recording. This will be paid prior to recording. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, DDES File L04P0034, and Cavalla, DDES File L06P0001), on the High Accident Location (HAL) at the intersection of SE 128th Street/1601h Avenue SE), the Applicant shall individually or jointly with the other developers in the area construct an offsite extension of 162nd Avenue SE in general conformance with the conceptual plan submitted to DDES (dated: July 2, 2007) for the plat of Cavalla, from the current south terminus of 162nd Avenue SE (near the SE 138xx block) to SE 144th Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/detention/treatment facilities as determined by DDES. These improvements shall include a tight -lining of the existing water- course located on the westerly half of the 162nd Avenue SE right-of-way. (KCC 14.80.0308). Note: A multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. b. In order to address the incremental impacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128th Street/1601" Avenue SE, this applicant shall -- in addition to the requirements of the preceding SEPA condition — dedicate any additional right-of-way required along the SE 136" Street margin of the site needed to construct — in the future, by others (private or public) — an extension of SE 136th Street from 162nd Avenue SE to 166th Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon a future 32 -foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to comply with this condition shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.030B) Revision: The SEPA condition for the extension of 162nd Avenue SE has been amended by the City of Renton for this project, and Condition #18.a is no longer applicable for this project. The City of Renton does not plan on extending 162nd Avenue SE south of the proposed Liberty Garden preliminary plat, due to steep_topography, wetlands and other critical areas along this corridor. Noted 19. To implement K.C.C. 21A.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.B.4.d.(2). Revision: To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4-130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. A tree plan was approved, revised and reapproved to provide the required tree retention and/or replacement. 20. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with the K.C.C. 21A.38.230.66_ (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) Revision: A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with RMC 4-4-130. (Note that the tree retention plan shall be included as part of the final engineering plans for the subiect plat.) A note was placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners. 1 January 4, 2012 Jnr g r' ;'fig% Justin Lagers PNW Holdings, LLC 9725 SE 3e Street, Suite 214 Mercer Island, WA 98040 Subject: Approval of Final Wetland Mitigation Plan/Proposed Maintenance & Monitoring and remaining steps for proceeding with Harmony Grave/Threadgill Preliminary Plat, File No. LUAOS-125 Dear Mr. Lagers: Mitigation Pian Approval: We have reviewed and approved the final wetland mitigation plan/monitoring proposal for Harmony Grove/Threadgill Preliminary Plat dated 10/17/11 and received by the City on 10/17/11.. 1 have enclosed an approved copy for your records. The mitigation project shall be installed in conformance with the approved plan prior to recording or a separate surety device shall be provided. Next Steps: Work with Jan Illian in the Plan Review Section to obtain construction permits and begin work on wetland mitigation installation consistent with the approved plan. Mitigation Installation and Approval: Once the wetland mitigation has been installed (plants, signage, fencing, etc.) pursuant to the approved. plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan. You may be planning on installing the mitigation project after the plat records; in order to provide you with the amount of security necessary for the installation of the stream mitigation plantings, signage, fencing and the ecology block wall; we will need a copy of the signed installation contract for this work. Once the City approves the contract proposal, the applicant will need to provide a installation surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee the installation of the mitigation project. As Built Plans for the Mitigation Area: A copy of the as -built plans of the approved mitigation plan, prior to recording; unless an installation surety device is provided or if plantings are installed as exactly per plan. Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plan# maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, . and mitigation perform satisfactorily for a period of 5 years" e . add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. Monitoring and Maintenance Period Start Date: Once the mitigation project has been installed, please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5 -year maintenance and monitoring period. Wetland Information Needed on Final Plat Map: RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. Please send all required information to my attention. Feel free to contact me at 425-430-7219 if you have any questions regarding this letter. Sincerely, Ro e Timmons Associate Planner cc: Ed Sewall, Sewall Wetland Consulting, Inc Jan Illian, Plan Reviewer LUA08-125 DENSITY ..Fy l: WORKSHEET City of Renton Development Services Division' 1055 South Grad Way -Renton, WA 98055 Phone. 425-430-7200 Fax; 425-430-7231 1. Gross area of property: 1. is 325 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements" Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area 4. Divide line 3 by 43,560 for net acreage square feet square feet I (a� S square feet 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: 2. 3 Zl square feet 3. JOB square feet 4. acres 5. t 5 units/lots 6. !(3 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deductedlexcluded. ** Alleys (public or private) do not have to be excluded. R:IPWIDFVSERWormAP{annin&cnsity.d(le Latif updated: I IIf1 IMP -M4 l Parcel dame; DEDICATION NORTH North: 10326.5643 Line Course: 5 88-48-53 E North: 10314.3462 Line Course: S 02-09-49 E North: 10272.7658 Curve Length: 37.81 Delta: 86-39-04 Chord: 34.31 Course In: 5 87-50-11 W RP North: 1.0271.. 8220 End North: 10296.8166 Line Course; N 88-48-53 w North: 10308.0057 Curve Length: 40.54 Delta: 92-55-02 Chord: 36.24 Course In: 5 01-11-07 W RP North: 10283.0110 End North: 1.0282.2554 Line course: N 01-43-55 W North: 10326.5652 WINDSOR CIRCLE LOT CLOSURES.�"t East : 10020.1393 Length: 590.66 East : 10610.6729 Length: 41.61 East ; 10612.2438 Radius: 25.00 Tangent: 23.58 Course: N 45-29-21 w course Out: N 01-11-07 E East : 10587.2616 East : 1.0587.7788 Length: 540.91 East : 10046.9845 Radius: 25.00 Tangent: 26.31 Course: S 44-43-36 W course out: s 88-16-05 W East : 10046.4674 East : 10021.4788 Length: 44.33 East : 10020.1390 Perimeter: 1295.86 Area: 10,901 sq.ft. 0.25 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: N 1.8-42-03 W Error North: 0.00089 East : -0.00030 Precision 1: 1,439,844.44 Parcel name: DEDICATION SOUTHEAST North: 10044.8068 Line Course: S 02-09-49 E North: 10018.3757 Line Course: N 88-55-42 w North: 1.001.8.8704 Curve Length: 40.68 Delta: 93-14-07 Chord: 36.34 Course In: N 01-04-18 E RP North: 10043.8660 End North: 10044.8098 East : 10620.8578 Length: 26.45 East : 10621.8563 Length: 26.45 East : 1.0595.4110 Radius: 25.00 Tangent: 26.45 Course: N 44-27--14 E Course Out: N 87-50-11 E East : 10595.8785 East : 10620.8607 Perimeter: 93.59 Area: 153 sq.ft. 0.00 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0042 Course: N 4427-14 E Error North: 0.00301 East : 0.00295 Precision 1: 22,280.95 Parcel name: DEDICATION SOUTHWEST North: 10029.4605 Line Course: N 01-43-55 W North: 10053.2596 curve Length: 38.05 Delta: 87-11-47 Chord: 34.48 Course In: N 88-16-05 E East : 10029.1229 Length: 23.81 East : 10028.4033 Radius: 25.00 Tangent: 23.81 course: 5 45-19-49 E Course Out: S 01-04-18 w Page 1 } WINDSOR CIRCLE LOT CLOSURES. ---t RP North: 10054.0152 East 10053.3919 End North: 10029.0196 East 10052.9243 Line Course: N 88-55-42 w Length: 23.81 North: 10029.4649 East : 10029.1185 Perimeter: 85.66 Area: 120 sq.ft. 0.00 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0063 Course: N 45-1948 w Error North: 0.00440 East : -0.00445 Precision 1: 13,598.41 Parcel name: LOT 1 North: 10148.4419 Line Course: s 01-11-07 w North: 10026.8879 Line Course: 5 88-55-42 E North: 10025.6722 Line Course: N 01-11-07 E North: 10139.6079 Curve Length: 37.89 Delta: 12-17-57 Chord: 37.82 Course in: N 01-43-29 E RP North: 10316.0279 End North: 10144.7885 curve Length: 27.67 Delta: 12-50-19 Chord: 27.62 Course In: S 14-01-26 w RP North: 10024.9695 End North: 10148.4430 East : 10169.2404 Length: 121.58 East : 10166.7254 Length: 65.00 East : 10231.7140 Length: 113.96 East : 10234.0714 Radius: 176.50 Tangent: 19.02 Course: N 82-07-33 w Course Out: 5 14-01-26 w East : 10239.3836 East : 10196.6130 Radius: 123.50 Tangent: 13.89 Course: N 82-23-44 w Course Out: N 01-11-07 E East : 10166.6857 East : 10169.2403 Perimeter: 366.10 Area: 7,646 sq.ft. 0.18 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0011 Course: N 02-18-02 w Error North: 0.00112 East : -0.00004 Precision 1: 332,818.18 Parcel name: LOT 2 North: 10139.6068 Line Course: S 01-11-07 w North: 10025.6712 Line Course: 5 88-5542 E North: 10024.7360 Line Course: N 01-11-07 E North: 10138.5617 Line Course: N 88-4853 w North: 10139.5616 Curve Length: 1.66 Delta: 0-32-22 Chord: 1.66 Course In: N 01-11-07 E RP North: 10316.0238 End North: 10139.6038 East : 10234.0715 Length: 113.96 East : 10231.7141 Length: 50.00 East 10281.7054 Length: 113.85 East : 10284.0605 Length: 48.34 East 10235.7308 Radius: 176.50 Tangent: 0.83 Course: N 88-32-42 w Course out: 5 01-43-29 w East 10239.3818 East 10234.0696 Perimeter: 327.81 Area: 5,695 sq.ft. 0.13 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0035 Course: 5 32-22-11 w Error North: -0.00299 East : -0.00190 Precision 1: 93,660.00 Page 2 Parcel name: LOT 3 North: 10138.5647 Line Course: S 01-11-07 w North: 10024.7391 Line Course: 5 88-55-42 E North: 10023.8039 Line course: N 01-11-07 E North: 10137.5296 Line Course; N 88-48-53 w North: 10138.5638 WINDSOR CIRCLE LOTCLOSURES.' t East : 10284.0606 Length: 113,85 East : 10281,7056 Length: 50.00 East : 10331.6968 Length: 113.75 East : 10334.0498 Length: 50.00 East : 10284.0605 Perimeter: 327.61 Area: 5,690 sq.ft. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: 5 07-44-19 w Error North: -0.00085 East : -0.00012 Precision 1: 364,000.00 Parcel name: LOT 4 North: 10137.5304 Line Course: S 01-11-07 w North: 10023.8048 Line Course: S 88-55-42 E North: 10022.8696 Line course: N 01-11-07 E North: 10136.3853 Curve Length; 2.23 Delta: 5-48-31 Chord: 2.23 Course In: 5 06-59-38 w RP North: 10114.5490 End North: 10136.5443 Line course: N 88-48-53 w North: 10137.5325 East : 10334.0499 Length: 113.75 East : 10331.6969 Length: 50.00 East : 10381.6882 Length: 113.54 East : 10384.0368 Radius: 22.00 Tangent: 1.12 Course: N 85-54-37 w Course Out: N 01-11-07 E East 10381,3580 East : 10381,8131 Length: 47.77 East 10334.0533 Perimeter: 327.30 Area: 5,685 sq.ft. 0.13 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0040 course: N 59-14-47 E Error North: 4.00203 East : 0.00342 Precision 1: 81,822.50 Parcel name: LOT 5 North: 10136.3832 Line Course: 5 01-11-07 w North: 10022.8675 Line Course: 5 88-5542 E North: 10021.9323 Line Course: N 01-11-07 E North: 10107.4940 Curve Length: 41,31 Delta: 43-02-19 Chord: 40.35 Course In: N 09-06-22 E RP North: 10161.8009 End North: 10128.0491 Curve Length: 17.34 Delta: 45-09-03 East : 10384.0369 Length: 113.54 East 10381.6882 Length: 50.00 East 10431.6795 Length: 85.58 East 10433.4498 Radius: 55.00 Tangent: 21.69 Course: N 59-22-28 w Course Out: S 52-08-41 w East 10442.1543 East 10398.7283 Radius: 22.00 Tangent: 9.15 Page 3 WINDSOR CIRCLE LOT CLOSURES. t Chord: 16.89 Course: N 60-25-50 w Course In: 5 52-08-41 w Course out: N 06-59-38 E RP North: 10114.5483 East : 10381.3579 End North: 10136.3846 East : 10384.0367 Perimeter: 307.77 Area: 4,900 sq.ft. 0.11 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0015 Course: N 08-08-25 w Error North: 0.00144 East : -0.00021 Precision 1: 205,180.00 Parcel name: LOT 6 North: 10107.4926 Line Course: s 01-11-07 w North: 10021.9309 Line Course: 5 88-55-42 E North: 10020.1569 Line Course: N 07-28-38 W North: 10103.1055 Line Course: N 65-01-01 w North; 10120.4472 curVe Length: 48.33 Delta: 50-20-49 Chord: 46.79 Course In: N 41-14-27 W RP North: 10161.8042 End North: 10107.4974 East : 10433.4498 Length: 85.58 East 10431.6796 Length: 94.85 East 10526.5130 Length: 83.66 East 10515.6261 Length: 41.06 East : 10478.4080 Radius: 55.00 Tangent: 25.85 Course: 5 73-55-58 w course Out; 5 09-06-22 w East 10442.1506 East 10433.4461 Perimeter: 353.48 Area: 7,909 sq.ft. 0.18 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0061 Course: N 37-47-04 w Error North: 0.00480 East : -0.00372 Precision 1: 57,947.54 Parcel name: LOT 7 North: 10299.8600 Line Course: 5 01-11-07 w North: 10216.7078 Curve Length: 52.05 Delta: 54-13-35 Chord: 50.13 Course In: 5 03-21-32 E RP North: 10161.8023 End North: 10196.5137 Line course: N 50-52-03 E North: 10207.8611 Line Course: N 01-11-07 E North: 10298.6217 Line Course; N 88-48-53 W North: 10299.8629 East : 10440.6523 Length: 83.17 East : 10438.9319 Radius: 55.00 Tangent: 28.16 Course: 5 66-14-45 E Course Out: N 50-52-03 E East 10442.1544 East 10484.8172 Length: 17.98 East 10498.7641 Length: 90.78 East 10500.6420 Length: 60.00 East 10440.6548 Perimeter: 303.99 Area: 5,415 sq.ft. 0.12 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0037 Course: N 41-03-03 E Error North: 0.00282 East : 0.00246 Precision 1: 82,156.76 Page 4 Parcel name: LOT 8 North: 10300.8943 Line Course: S 01-11-07 W North: 10190.1080 Curve Length: 14.06 Delta: 36-37-15 Chord: 13.82 Course In: N 13-09-12 w RP North: 10211.5308 End North: 10197.3232 Curve Length: 44.56 Delta: 46-24-55 Chord: 43.35 Course In: 5 49-46-27 E RP North: 10161.8041 End North: 10216.7096 Line Course: N 01-11-07 E North: 10299.8618 Line Course: N 88-48-53 W North: 10300.8961 WINDSOR CIRCLE LOT CLOSURES. East : 10390.6630 Length: 110.81 East : 10388.3709 Radius: 22.00 Tangent: 7.28 Course: N 58-32-11 E Course Out: S 49-46-27 E East 10383.3646 East 10400.1617 Radius: 55.00 Tangent: 23.58 Course: N 63-26-00 E Course Out: N 03-21-32 W East : 10442.1545 East : 10438.9320 Length: 83.17 East : 10440.6524 Length: 50.00 East : 10390.6631 Perimeter: 302.60 Area: 4,705 sq.ft. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error closure: 0.0018 Course: N 03-18-31 E Error North: 0.00177 East : 0.00010 Precision 1: 168,111.11 Parcel name: LOT 9 North: 10301.9286 Line Course: 5 01-11-07 W North: 10190.4524 Line Course: S 88-48-53 E North: 10189.5309 Curve Length: 5.51 Delta: 14-20-19 Chord: 5.49 Course In: N 01-11-07 E RP North: 10211.5262 End North: 10190.1034 Line Course: N 01-11-07 E North: 10300.8897 Line Course: N 88-48-53 w North: 10301.9239 East : 10340.6737 Length: 111.50 East 10338.3673 Length: 44.55 East 10382.9078 Radius: 22.00 Tangent: 2.77 Course: N 84-00-58 E Course Out: 5 13-09-12 E East 10383.3628 East 10388.3691 Length: 110.81 East 10390.6613 Length: 50.00 East 10340.6720 Perimeter: 322.37 Area: 5,574 sq.ft. 0.13 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0050 Course: S 20-40-54 w Error North: -0.00464 East : -0.00175 Precision 1: 64,474.00 Parcel name: LOT 10 North: 10303.0663 Line Course: s 01-11-07 W North: 10191.5901 Line Course: 5 88-48-53 E North: 10190.4524 Line Course: N 01-11-07 E North: 10301.9286 Line Course: N 88-48-53 W North: 10303.0663 East : 10285.6855 Length; 111.50 East 10283.3791 Length: 55.00 East 10338.3673 Length: 111.50 East : 10340.6737 Length; 55.00 East : 10285.6855 Page 5 WINDSOR CIRCLE LOT CLOSURES. t Perimeter: 333.00 Area: 6,133 sq.ft. 0.14 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0000 course: 5 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 333,000,000.00 Parcel name: LOT 11 North: 10304.2040 Line Course: S 01-11-07 w North: 10193.0178 Curve Length: 8.45 Delta: 3-55-07 Chord: 8.44 Course In: N 05-06-14 E RP North: 10316.0281 End North: 10192.5545 Line Course: S 88-48-53 E North: 10191.5914 Line Course: N 01-11-07 E North: 10303.0676 Line Course: N 88-48-53 w North: 10304.2053 East : 10230.6973 Length: 111.21 East : 10228.3968 Radius: 123.50 Tangent: 4.22 Course: S 86-51-20 E Course out: S 01-11-07 w East : 10239.3836 East : 10236.8290 Length: 46.56 East : 10283.3790 Length: 111.50 East : 10285.6854 Length: 55.00 East : 10230.6972 Perimeter: 332.72 Area: 6,132 sq.ft. 0.14 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0013 Course: N 02-48-51 w Error North: 0.00128 East : -0.00006 Precision 1: 255,938.46 Parcel name: LOT 12 North: 10305.2383 Line Course: S 01-11-07 w North: 10201.0706 Curve Length: 31.32 Delta: 10-10-07 Chord: 31.28 Course In: S 03-51-19 w RP North: 10024.9700 End North: 10196.2093 Curve Length: 19.23 Delta: 8-55-12 Chord: 19.21 Course in: N 14-01-26 E RP North: 10316.0284 End North: 10193.0181 Line Course: N 01-11-07 E North: 10304.2043 Line Course: N 88-48-53 w North: 10305.2386 East : 10180.7080 Length: 104.19 East : 10178.5527 Radius: 176.50 Tangent: 15.70 Course: 5 81-03-38 E Course Out: N 14-0126 E East 10166.6855 East 10209.4561 Radius: 123.50 Tangent: 9.63 Course: 5 80-26-10 E Course Out: S 05-06-14 w East : 10239.3834 East : 10228.3966 Length: 111.21 East : 10230.6971 Length: 50.00 East : 10180.7078 Perimeter: 315.95 Area: 5,372 sq.ft. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course; N 35-01-43 w Error North: 0.00029 East : -0.00020 Precision 1: 789,875.00 Page 6 Parcel name: LOT 13 North: 10306.2725 Line Course: 5 01-11-07 w North: 10202.2948 Line course: 5 88-48-53 E North: 10201.4306 Curve Length: 8.22 Delta: 2-40-12 Chord: 8.22 Course In: S 01-11-07 w RP North: 10024.9683 End North: 10201.0689 Line Course: N 01-11-07 E North: 10305.2366 Line Course: N 88-48-53 w North: 10306.2709 WINDSOR CIRCLE LOT CLOSURES. East : 10130.7187 Length: 104.00 East : 10128.5674 Length: 41.78 East : 10170.3384 Radius: 176.50 Tangent: 4.11 Course: S 87-28-47 E Course Out: N 03-51-19 E East 10166.6874 East 10178.5547 Length: 104.19 East 10180.7099 Length: 50.00 East 10130.7206 Perimeter: 308.19 Area: 5,201 sq.ft. 0.12 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error closure: 0.0025 Course: 5 49-39-45 E Error North: -0.00165 East : 0.00194 Precision 1: 123,276.00 Parcel name: LOT 14 North: 10307.3068 Line Course: S 01-11-07 w North: 10203.3291 Line Course: 5 88-48-53 E North: 10202.2948 Line Course: N 01-11-07 E North: 10306.2725 Line Course: N 88-48-53 w North: 10307.3068 East : 10080.7294 Length: 104.00 East : 10078.5781 Length: 50.00 East : 10128.5674 Length: 104.00 East : 10130.7187 Length: 50.00 East : 10080.7294 Perimeter: 308.00 Area: 5,200 sq.ft. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: 5 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 308,000,000.00 Parcel name: LOT 15 North: 10307.3068 Line Course: 5 01-11-07 W North: 10203.3291 Line Course: N 88-48-53 W North: 10203.9703 Curve Length: 38.00 Delta: 87-04-58 Chord: 34.44 Course In: N 01-11-07 E RP North: 10228.9650 End North: 10228.2094 Line Course: N 01-43-55 w North: 10282.2547 Curve Length: 40.54 Delta: 92-55-02 Chord: 36.24 Course In: N 88-16-05 E RP North: 10283.0103 End North: 10308.0049 East : 10080.7294 Length: 104.00 East : 10078.5781 Length: 31.00 East : 10047.5847 Radius: 25.00 Tangent: 23.76 Course: N 45-16-24 w Course Out: 5 88-1605 w East 10048.1018 East 10023.1133 Length: 54.07 East 10021.4791 Radius: 25.00 Tangent: 26.31 Course: N 44-43-36 E Course Out: N 01-11-07 E East 10046.4677 East 10046.9848 Page 7 WINDSOR CIRCLE LOT CLOSURES. Line Course: 5 88-48-53 E igth: 33.75 North: 10307.3068 East : 10080.7276 Perimeter: 301.36 Area: 5,701 sq.ft. 0.13 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0018 Course: 5 88-58-41 w Error North: -0.00003 East : -0.00179 Precision 1: 167,422.22 Parcel name: S.E. 135TH PLACE North: 10228.2094 Line course: 5 01-43-55 E North: 10125.1265 Curve Length: 40.54 Delta: 92-55-02 Chord: 36.24 Course In: N 88-16-05 E RP North: 10125.8821 End North: 10150.8767 Line Course: 5 88-48-53 E North: 10148.4456 Curve Length: 27.67 Delta: 12-50-19 Chord: 27.62 Course In: 5 01-11-07 w RP North: 10024.9720 End North: 10144.7910 Curve Length: 39.55 Delta; 12-50-19 Chord: 39.47 Course in: N 14-01-26 E RP North: 10316.0304 End North: 10139.5682 Line Course; 5 88-48-53 E North: 10136.5458 Curve Length: 19.57 Delta: 50-57-34 Chord: 18.93 Course in: 5 01-11-07 w RP North: 10114.5505 End North: 10128.0513 Curve Length: 270.62 Delta: 281-55-08 Chord: 69.29 Course in: N 52-08-41 E RP North: 10161.8031 End North: 10197.3222 Curve Length: 19.57 Delta: 50-57-34 chord: 18.93 Course In: N 49-46-27 W RP North: 10211.5298 End North: 10189.5345 Line Course: N 88-48-53 w North: 10192.5569 Curve Length: 27.67 Delta: 12-50-19 Chord: 27.62 Course In: N 01-11-07 E RP North: 10316.0305 End North: 10196.2114 Curve Length: 39.55 Delta: 12-50-19 Chord: 39.47 Course In: S 14-01-26 W RP North: 10024.9720 East : 10023.1133 Length: 103.13 East : 10026.2302 Radius: 25.00 Tangent: 26.31 Course: N 44-43-36 E Course Out: N 01-11-07 E East : 10051.2188 East 10051.7359 Length: 117.53 East 10169.2408 Radius: 123.50 Tangent: 13.89 Course: 5 82-23-44 E Course out: N 14-01-26 E East : 10166.6861 East : 10196.6134 Radius: 176.50 Tangent: 19.86 Course: 5 82-23-44 E Course Out: 5 01-11-07 w East : 10239.3841 East : 10235.7331 Length: 146.11 East : 10381.8118 Radius: 22.00 Tangent: 10.48 Course: 5 63-20-06 E Course Out: N 52-08-41 E East 10381.3567 East 10398.7271 Radius: 55.00 Tangent: 44.60 Course: N 01-11-07 E Course Out: N 49-46-27 w East : 10442.1531 East : 10400.1603 Radius: 22.00 Tangent: 10.48 Course: S 65-42-20 W Course Out: 5 01-11-07 w East : 10383.3632 East : 10382.9081 Length: 146.11 East : 10236.8294 Radius: 123.50 Tangent: 13.89 Course: N 82-23-44 W Course out: 5 14-01-26 w East 10239.3841 East 10209.4567 Radius: 176.50 Tangent: 19.86 Course: N 82-23-44 w Course Out: N 01-11-07 E East : 10166.6861 Page 8 End North: 10201.4343 Line Course: N 88-48-53 w North: 10203.9740 Curve Length: 38.00 Delta: 87-04-58 Chord: 34.44 Course In: N 01-11-07 E RP North: 10228.9687 End North: 10228.2131 WINDSOR CIRCLE LOT CLOSURES.; -"t East 10170.3371 -ength: 122.78 East 10047.5834 Radius: 25.00 Tangent: 23.76 Course: N 45-16-24 w Course Out: S 88-16-05 w East : 10048.1005 East : 10023.1120 Perimeter: 1158.41 Area: 29,184 sq.ft. 0.67 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0039 Course: N 19-32-39 w Error North; 0.00370 East : -0.00131 Precision 1: 297,025.64 Parcel name: TOTAL PARCEL North: 10326.5643 East : 10020.1393 Line Course: S 88-4853 E Length: 590.66 North: 10314.3462 East : 10610.6729 Line Course: 5 02-09-49 E Length: 296.18 North: 10018.3773 East : 10621.8546 Line Course: N 88-55-42 w Length: 592.84 North: 10029.4652 East : 10029.1183 Line Course: N 01-43-55 w Length: 297.24 North: 10326.5694 East : 10020.1347 Perimeter: 1776.92 Area: 175,325 sq.ft. 4.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0069 Course: N 41-45-47 w Error North: 0.00515 East : -0.00459 Precision 1: 257,524.64 Parcel name: TRACT B North: 10298.6189 East : 10500.6395 Line Course: 5 88-48-53 E Length: 87.16 North: 10296.8159 East : 10587.7809 Curve Length: 37.81 Radius: 25.00 Delta: 86-39-04 Tangent: 23.58 Chord: 34.31 Course: 5 45-29-21 E Course in: 5 01-11-07 W Course Out: N 87-50-11 E RP North: 10271.8213 East 10587.2637 End North: 10272.7651 East 10612.2459 Line Course: 5 02-09-49 E Length: 228.12 North: 10044.8078 East 10620.8581 Curve Length: 40.68 Radius: 25.00 Delta: 93-1407 Tangent: 26.45 Chord: 36.34 Course: S 44-27-14 w Course In: 5 87-50-11 w Course Out: S 01-04-18 w RP North: 10043.8639 East : 10595.8760 End North: 10018.8683 East 10595.4084 Line Course: N 88-5542 W Length; 68.90 North: 10020.1569 East 10526.5204 Line Course: N 07-28-38 w Length: 83.66 North: 10103.1055 East 10515.6336 Line Course: N 65-01-01 W Length: 41.06 North: 10120.4472 East 10478.4155 Curve Length: 84.37 Radius: 55.00 Delta: 87-53-30 Tangent: 53.01 Chord: 76.34 Course: N 04-48-48 E Course in: N 41-14-27 w Course Out: N 50-52-03 E Page 9 Perimeter: 780.52 Area: 31,151 sq.ft. 0.72 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0078 Course: N 52-15-58 E Error North: 0.00475 East ; 0.00614 Precision 1: 100,066.67 Parcel name: TRACT E North: 10150.8731 Line Course: 5 88-48-53 E North: 10148.4419 Line Course: 5 01-11-07 W North: 10026.8879 Line Course: N 88-55-42 w North: 10029.0167 Curve Length: 38.05 Delta: 87-11-47 Chord: 34.48 Course In: N 01-04-18 E RP North: 10054.0123 End North: 10053.2567 Line Course: N 01-43-55 w North: 10125.1239 Curve Length: 40.54 Delta: 92-55-02 Chord: 36.24 Course in: N 88-16-05 E RP North: 10125.8795 End North: 10150.8741 East ; 10051.7360 Length: 117.53 East : 10169.2409 Length: 121.58 East : 10166,7260 Length: 113.82 East : 10052.9259 Radius: 25.00 Tangent: 23.81 Course: N 45-19-49 W Course out: S 88-16-05 w East 10053.3934 East 10028.4049 Length: 71.90 East 10026.2318 Radius: 25.00 Tangent: 26.31 Course: N 44-43-36 E Course out: N 01-11-07 E East 10051.2204 East 10051.7375 Perimeter: 503.42 Area: 16,859 sq.ft. 0.39 acres mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0018 Course: N 54-07-23 E Error North: 0.00105 East : 0.00146 Precision 1: 279,677.78 Page 10 WTNDSOR CIRCLE LOT CLOSURES.- t RP North: 10161.8042 East 10442,1581 End North: 10196.5156 East : 10484.8209 Line Course: N 50-52-03 E Length: 17.98 North: 10207.8631 East 10498.7678 Line Course: N 01-11-07 E Length: 90.78 North: 10298.6237 East 10500.6456 Perimeter: 780.52 Area: 31,151 sq.ft. 0.72 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0078 Course: N 52-15-58 E Error North: 0.00475 East ; 0.00614 Precision 1: 100,066.67 Parcel name: TRACT E North: 10150.8731 Line Course: 5 88-48-53 E North: 10148.4419 Line Course: 5 01-11-07 W North: 10026.8879 Line Course: N 88-55-42 w North: 10029.0167 Curve Length: 38.05 Delta: 87-11-47 Chord: 34.48 Course In: N 01-04-18 E RP North: 10054.0123 End North: 10053.2567 Line Course: N 01-43-55 w North: 10125.1239 Curve Length: 40.54 Delta: 92-55-02 Chord: 36.24 Course in: N 88-16-05 E RP North: 10125.8795 End North: 10150.8741 East ; 10051.7360 Length: 117.53 East : 10169.2409 Length: 121.58 East : 10166,7260 Length: 113.82 East : 10052.9259 Radius: 25.00 Tangent: 23.81 Course: N 45-19-49 W Course out: S 88-16-05 w East 10053.3934 East 10028.4049 Length: 71.90 East 10026.2318 Radius: 25.00 Tangent: 26.31 Course: N 44-43-36 E Course out: N 01-11-07 E East 10051.2204 East 10051.7375 Perimeter: 503.42 Area: 16,859 sq.ft. 0.39 acres mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0018 Course: N 54-07-23 E Error North: 0.00105 East : 0.00146 Precision 1: 279,677.78 Page 10 File Number (To be filled in by DDES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a 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: Shupe Holmberg Date: 1215105 (Print Name) Subdivision Name: Threadgill Plat Comprehensive Plan Land Use Designation: Zoning: R4 Urban, Full 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 Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights-of-way. 0 + 536 r � r square feet in submerged land (any land below the ordinary high water mark — see K.C.C_ 21A.06.825) square feet in perimeter rights-of-way which will be required to be dedicated Total SutidivDensilyDimensionCaleFORM.doc le-cal-subden.pdf 9 012 612 0 0 5 Page 1 of 6 , i rv: Web date: 1012612005 __ i , SUBDIVISION DENSITY & DIMENSION CALCULATIONS King County Department of Development and Environmental Services Land Use Services Division ,S �` _ "°~' if—+ 30 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 L_ 2� For alternate formats, call 206-296-6600. 206-296-6600 TTY 206-296-7217 File Number (To be filled in by DDES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a 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: Shupe Holmberg Date: 1215105 (Print Name) Subdivision Name: Threadgill Plat Comprehensive Plan Land Use Designation: Zoning: R4 Urban, Full 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 Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights-of-way. 0 + 536 r � r square feet in submerged land (any land below the ordinary high water mark — see K.C.C_ 21A.06.825) square feet in perimeter rights-of-way which will be required to be dedicated Total SutidivDensilyDimensionCaleFORM.doc le-cal-subden.pdf 9 012 612 0 0 5 Page 1 of 6 Calculation: 175,346 Gross horizontal area of the project site 536 Total submerged lands and rights-of-way 174,810 Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 4.013 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 K.C.C. 21A.12.080) 11. 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 Ill. 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). 4.013 site area in acres (see Section 1.) X -- 16 allowable dwelling units base density (see Section II) 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.14.180). 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. 21 A. 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 proposed number of studio and one bedroom units 170 square feet X proposed number of two bedroom units + 170 square feet X proposed number of three or more bedroom units + Recreation space requirement = SubdivDensityDimensionCaIGFORM.doe 1c-cal-subden.pdf 1012612005 Page 2 of 6 Required On-site Recreation Space Continued 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 15 proposed number of units = 5,850 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 1) 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 + 8,037 critical areas and their buffers, to the extent they are required by King County to remain undeveloped + 15,729 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 + 5, 850 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.( 21A.14.180 (see Section IV) + 0 regional utility corridors, and + 0 other areas, excluding setbacks, required by King County to remain undeveloped 29,616 Total reductions Calculation: 174,810 site area in square feet (see Section1) — 29,616 Total reductions 145,194 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 3.333 Net buildable area in acres VI. Minimum Urban Residential Density (K.C.C. 21AA2.060): 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 11) 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-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(B)12.) Calculation: 4 base density in dulac (see Section II) X 3.333 Net buildable area in acres (see Section V) _ .85 X minimum density % set forth in K.C.C. 21A_12.030 or as adjusted in Section VII 11 minimum dwelling units required SubdivOensityDimensionGaleFORM.doe lc-cal-subden.pdf 10/2612405 Page 3 of 6 NA VII. Minimum Density Adjustments for Moderate Slopes (K.C.C. 21A.12.087): Residential developments in the R-4, R-6 and R -S 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: sq. ft 0-5% slope increment X 2.5% median slope value = + 10,000 sq. ft 5-10% slope increment X 7,5% median slope value = 750 + + 20,000 sq. ft 10-15% slope increment X 12.5% median slope value = 2,500 + + 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 = + 30,000 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 °to (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. SubdivDensityDimensionCalcFQRM-doc lc-cal-subden.pdf 1012612005 Page 4 of 6 NA VIII- Maximum Dwelling Units Allowed (K.C.C. 21A.12.030 -.040): 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 II I of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section 11) 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 11) of the underlying zoning of the development. base density in dwelling units per acre see (Section 11) X 150% = 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 in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.0 base density in dwelling units per acre (see Section Il) X 150% = _ 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: maximum density maximum density 21A.34) maximum density 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) SubdivDensifyDimensionCalcFORM.doe lc-cal-subden.pdr 10/26/2005 Page 5 of 6 X. Lot Width (K.C.C. 21A.12.050(B)): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, prodded than an access easement shall not be included within the circle. (See K.C.C. 21 A. 12.050). Lot Width Measurement Check out the DDES Web site at www.metrokc.govlddes SuhdivDensityDimensionCalcFORM.doc lc-cal-subden.pdf 10/2612005 Page 6 of 6 . . ...... ........ 01" 4 p *we ofuc JIJ 4A Secretary of State 1, SAM REED, Secretary of State of the State of Washington and custodian of i seal I hereby issue this CERTIFICATE OF INCORPORATION to WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION a/an WA Non -Profit Corporation. Charter documents are effective on the date indicated below. Date: 5/31/2012 UBI Number: 603-211-224 Given 1110cr 1-1w hand -mid the Seal of the Sta1"- (it' Washin-non at 01yalpla, tile State ("aplial Sam Reed. secrelary (it' sllh� After Recording, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF SUN 2 0.191? COVENANTS, CONDITIONS, AND RESTRICTIONS OF WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION Page 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSOR CIRCLE THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSOR CIRCLE ("Declaration") is made on the date hereinafter set forth by WINDSOR CIRCLE, LLC, a Washington Limited Liability Company ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Windsor Circle (hereinafter referred to as "Windsor Circle"), which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Windsor Circle, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Windsor Circle Homeowner's Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Windsor Circle Homeowner's Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Page 2 Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section S. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean WINDSOR CIRCLE, LLC, a Washington limited liability company and any of its successors and assigns who identifies itself as a successor Declarant in a recorded instrument and who assumes all the obligations of Windsor Circle, LLC as Declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee by the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. 'Plat" shall mean and refer to the Plat of Windsor Circle as recorded on , 20in the records of King County, State of Washington, under Recording No. Section 11. 'Residence" shall mean and be limited to single family residences only occupying any Lot_ Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. Section 13. "Subdivision" shall refer to the real property included within any Plat as defined herein. Page 3 ARTICLE Il DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (i) a date twenty (20) years from the date of recording this Declaration; or (ii) sixty (60) days after 100% of the Lots subject to this Declaration have had single family Residences constructed thereon and have been occupied as Residences; or (iii) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article 11 by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article 11. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of three (3) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority"- In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Manauement_ of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Page 4 Section 3. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During _ Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE III EASEMENTS, RESTRICTIONS Section 1. Easements for Utilities. As shown on the Plat, an easement is hereby reserved and granted to the City of Renton, Puget Sound Energy Company, OWEST, Comcast, other private utilities, and their respective successors and assigns under and upon the exterior ten (10) feet parallel with and adjoining the street frontage of all Lots and Tracts in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, wires, vaults and pedestals, with necessary facilities and other equipment for the purpose of serving this Subdivision and other property with electric, telephone, gas, telecommunications, data transmission, streetlights and utility services, together with the right to enter upon the Lots and Tracts at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition by the utility. No lines or wires for said utilities shall be placed or permitted to be placed within this easement unless the same shall be underground. No permanent structure shall be placed within the easements without permission from easement owners. Section 2. Public Sewer Easement. As shown on the Plat, Lots 10 and 11 are subject to an easement to the City of Renton for sanitary sewer purposes. The City of Renton shall be responsible for the maintenance of the sanitary sewer facilities located within said easement. Section 3. Public Water Easement. As shown on the Plat, Lot 6 is subject to an easement to King County Water District 90 for public water purposes. King County Water District 90 shall be responsible for the maintenance of the waterline facilities located within said easement. Section 4. Miscellaneous Easements and Restrictions. The following restrictions and easement are shown on the Plat: (i} No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of Page 5 the Plat shall be less than the area required for the use district in which located.; (ii) There shall be no direct vehicular access to or from SE 135th Street or SE 136th Street from those Lots which abut those streets; (iii) Trees indicated to be retained on the tree retention plan on file with the City of Renton will be maintained in accordance with RMC 4-4-130 by the Owners of the Lots that contain retained trees; (iv) The 10' private easement on Lot 1 is for the benefit of the Owner of Lot 2 for drainage pipe purposes. The Owner of Lot 2 shall be responsible for maintaining the drainage pipe serving Lot 2; (v) The 5' private easement on Lot 4 is for the benefit of the Owner of Lot 3 for drainage pipe purposes. The Owner of Lot 3 shall be responsible for maintaining the drainage pipe serving Lot 3; (vi) The 5' private easement on Lot 7 is for the benefit of the Owner of Lot 8 for drainage pipe purposes. The Owner of Lot 8 shall be responsible for maintaining the drainage pipe serving Lot 8; (vii) The 5' private easement on Lot 11 is for the benefit of the Owner of Lot 12 for drainage pipe purposes. The Owner of Lot 12 shall be responsible for maintaining the drainage pipe serving Lot 12; (viii) The 5' private easement on Lot 14 is for the benefit of the Owners of Lots 13 and 15 for drainage pipe purposes. The Owners of Lots 13 and 14 shall be responsible for maintaining the drainage pipe serving their respective Lots; (ix) The 5' private easement on Lot 9 is for the benefit of the Owner of Lot 10 for drainage pipe purposes. The Owner of Lot 10 shall be responsible for maintaining the drainage pipe serving Lot 10; (x) As easement over Tract B is reserved to the Association for two years following the date of the recording of the Plat for the Association to maintain the landscaping and storm drainage facility within Tract B. Section 5. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; Page 6 (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Conveyance of Common Areas. All Common Areas shall be owned and maintained by the Association. The Common Areas are identified as Tract E. Section 2. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: Tract E; landscaping and the storm drainage facility located within Tract B for a period of two years following the date of the recording of the Plat or until the City of Renton takes over the maintenance responsibility of both, street trees and planter islands within the Plat and along 162 nd Avenue SE, including landscaping and irrigation; the stormwater pond outfall located within the adjacent portion of SE 136 Street in unincorporated King County until such time the improvements are accepted for maintenance by the local jurisdiction; entry signage and landscaping, if any, including water for irrigation and electric, if any; and the mailbox stands located throughout the Properties. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 3. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 4. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 3. Other Maintenance Costs for Association. In addition to maintaining the Common Areas and Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bills incurred in connection with the operation of the streetlights within the Properties, if any, unless the utility provider for the streetlights directly bills the individual Lot Owners or the City of Renton. Page 7 ARTICLE V TRACTS Section 1. Storm Detention Tract. Tract B is a storm detention Tract and shall be owned and maintained by the City of Renton. The Association shall maintain the landscaping and storm drainage facility within said Tract for a period of two years following the date of the recording of the Plat, or until the City of Renton takes over the maintenance responsibility of both. Section 2. Sensitive Area Tract. Tract E is a sensitive area Tract and shall be owned and maintained by the Association. The Tract is a Native Growth Protection Easement Area and it identifies the onsite wetland and buffer. The creation of the Nation Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future Owners and occupiers of the easement area, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the easement area. The vegetation within the NGPE may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any Page 8 management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon thirty (30) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may be charged, shall be allocated and paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject Page 9 the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section S. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary_ Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Page 10 Section S. Uniform Rate of Assessment_ Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment,• Due Dates. The annual assessments described in this Article shall commence upon the recording of this Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall determine annually the Annual Assessment to be assessed against each Lot. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid_ Section 10. Effect of Non -Payment of Assessments,• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period of thirty (30) days, for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mart a e. The lien for assessment provided for in this Article shall be subordinate to the Gen of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. Property owned by Declarant and the City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific Page 11 assessments collected by the Association in any fiscal year, Declarant, may, in its sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof_ Section 14. Start -Up Fee. Upon the sale of each Lot by the Declarant, and upon the resale of each home (and Lot), the purchaser shall pay a start-up fee of Two Hundred Fifty and no/100 ($250.00) Dollars per Lot_ This fee shall be collected at the closing of the Lot sale and submitted to the Association. This start-up fee shall be used to defray organizational and operational costs for the Association. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Subdivision. This includes, but is not limited to, adequate watering, removing weeds, dead or diseased plants which must be replaced with the appropriate planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair. This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. The stain for the fence shall be a natural stain color chosen by Declarant_ Lots adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot Owners' right for quiet use and enjoyment. Section 2. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Windsor Circle Subdivision, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Page 12 Association shall be required to have the consent of fifty-one percent (51%) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non -Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership, Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels pursuant to Article XIII, Section S, the total number of votes shall be increased by the applicable number for the Lots in such annexed Other Parcels. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Windsor Circle Homeowners' Association_ ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the Rules and Regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the Rules and Regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Page 13 Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) insurance. Obtain policies of general liability, property, and directors and officers insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharg ec�of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract, Have the right to contract for all goods, services, maintenance, and capital improvements provided. Page 14 Ox) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot, (xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Areas, the Common Maintenance Areas, the Properties, fines, and other matters. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Areas and Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and Page 15 authority permitted to it under this Declaration and the Bylaws. However, nothing contained herein shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE Xi ARCHITECTURAL CONTROL Section 1. Architectural Control Committee "Committee" . The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of Residences in the Subdivision. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other Residences in the Subdivision. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons_ Section 4. Desi nation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section S. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Page 16 Section &. Submission of Plans and Secs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) The location of the residence, doorways, windows, garage doors, accessory structures, property lines, easements, setbacks, landscaping, rockeries, fences, and the driveway upon the Lot; (ii) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (iii) The elevation of the landscaping, rockeries, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences and rockeries, show relationship to fences and grades on adjacent Lots; (iv) Drainage flows; (v) Exterior finish materials, colors, and textures under consideration. Include roof; (vi) Landscape plan. Indicate species of plant material, size and height, and location; and (vii) Other information which may be required in order to determine whether the standards in this Declaration have been met. Section 7. Plan Check Fee. All individuals submitting plans to the Committee and not using Declarant as their house builder shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee plus a damage deposit shall be required for the review of plans and specifications for Residences. A plan check fee shall be required for the review of accessory structures and alterations. All fees and deposits shall be determined by the Committee. Section 8. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other Residences in the Subdivision, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Page 17 Section 9. Exclusions. Plans and specifications for Residences constructed by Declarant shall not be reviewed by the Committee. Section 10. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 11. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. All structures and improvements shall comply with the provisions of the applicable building code relating to height restrictions, setback requirements, drainage easements and other easements and/or restrictions. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 12. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 13. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal, ARTICLE XII BUILDING AND LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for single family residential purposes and related facilities normally incidental to a Page 18 residential community, except as allowed by Section 4 below, however, no single family residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair Housing Act. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Business. No trade, craft, home business, professions, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful enjoyment of any part of the Subdivision shall be conducted or carried on upon any Lot or within any building located within the Subdivision. All businesses must comply with any applicable City regulations and ordinances. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. This provision shall not apply to the Declarant during the Development Period, including the home construction period. Section G. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot_ Section 7. Animals. No animals, other than dogs, cats, small caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot, provided they are not kept, bred, or maintained for a commercial purpose and they do not unreasonably interfere with the use and enjoyment of any part of the Properties. Dogs shall not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property_ Dog runs and enclosures shall be kept clean and odor free at all times. Dog runs, kennels, enclosures to be built must be submitted to the Committee for approval. Page 19 Consistent with the City of Renton's leash law, pets shall be registered, licensed and inoculated from time to time as required by King County or any applicable law. Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition. Section 9. Rental and Leasing. The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting less than the entire Lot or improvements thereon unless otherwise approved by the Board of Directors. All leases and rental agreements shall be in writing and shall specify that it is subject to this Declaration, the Articles and Bylaws and Rules and Regulations. if a lease or rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and Regulations, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and Regulations shall be enforceable against the tenant/lessee and the Owner. If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge 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 of 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, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article, there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or home. Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices. There shall be no permanent and/or temporary storage of goods, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self- propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: Page 20 (i) "Garage Parking Spaces" shall mean the number of parking spaces within a garage attached to a Residence equal to the number of garage doors on the garage. A double wide garage door shall count as two (2) Garage Parking Spaces_ All Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway of any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four (24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-of-way adjoining any Lot; (iv) No Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way; and (v) Owners who have visiting guests intending to stay shall be allowed to park their Passenger Vehicle either in the Garage Parking Space or upon the driveway. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices If the Owner has not moved the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices within the required time period the Association may have the goods, equipment, or devices removed; assess the Owner daily fines until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 11. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected, as provided for in Article XI. The Declarant or Committee, if selected, shall determine if the general building and land use restrictions herein are met. The Declarant may prepare residential Design Guidelines which may contain guidelines in addition to those set forth herein. During the Development Period, Declarant shall have the sole authority to amend the general building and land use restrictions set forth herein and any Design Guidelines, consistent with the land use restrictions and conditions of Plat approval. Section 12. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement. Section 13. Protection of Trees. Owners shall not cut down trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. Page 21 Section 14. Fences. No fences shall be erected without the prior written approval of the Committee. Fences shall be allowed on a Lot and its location shall be subject to easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and the Design Guidelines established by the Declarant, if any, and prior written approval of the Committee. Each Lot Owner shall be responsible for the continued maintenance and repair of any fence on its Lot. Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Section 16. Accessory Structures. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot. Permitted accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds, woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design, materials, and location on the Lot by the Committee. The Committee may refuse to approve an accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance to the Subdivision or other homes. The location of an accessory building shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the home. The Committee may require visual screening of accessory buildings from adjacent Lots. All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements, drainage easements and other easements or buffers; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Building Code because of a change in the Building Code. Section 17. §jM. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs may be used by the Declarant, or an agent of Declarants, to advertise the Lots during the construction and sale period. Declarant's signs may include project marketing signs, directional signs and model home signs. Political signs may not be displayed more than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Rights of Way owned or maintained by the Homeowners Association. Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be constructed, erected, or maintained upon any Lot without the prior written consent of the Committee. The Committee may disallow any or all pools or spas in their sole discretion and shall have the authority to establish rules governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. The installation of any Page 22 such facility shall be in accordance with the plans approved by the Committee in addition to all local and state building ordinances and use of such facility shall be in strict compliance with the conditions of approval set down by the Committee, Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the building of a Lot, unless the lines and wires shall be underground or in conduit attached to a building_ No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Section 20. Gardens, Play Equipment, Sport Courts, Pools, Spas and Basketball Standards. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the Residence or in the garage. Any violation of these restrictions may result in the removal of such device. The Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Section 21. Decks and Patios. The Committee may require screening such as skirting for decks which extend four (4) feet or more off the ground. Section 22. Holiday Displays and other Exterior Adornments. All holiday displays and decorations must be removed within two (2) weeks of the end of the pertinent holiday. No displays or decorations may be installed earlier than six (6) weeks before the pertinent holiday. Section 23. Flag and Flag Poles. Any display of the flag of the United States by an Owner must be displayed in a manner consistent with the federal flag display law 4 U.S.C. Sec. 1 et sec. The Committee shall review and approve the placement and manner of display of the flag and the Committee shall review and approve the location and size of a flagpole used for the display of the United States flag. Flag poles used by Declarant on the Properties to advertise the Subdivision shall be allowed. Section 24. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. Section 25. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by the City of Renton in force at the commencement of the construction, including the latest revisions thereof. Page 23 Section 26. Entry for Inspection, Any agent, officer or member of the Board, Committee, or the Declarant may, except in cases of emergency, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above -recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 27. Contractor. No home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington and the prior written approval of the Committee. Section 28. Fines. In the event a Lot Owner violates any of the covenants, conditions and/or restrictions set forth in this document, the Association has the right to assess fines for said violations. The Board of Directors shall adopt Rules and Regulations which shall set forth the fines for violations of any of the covenants, conditions and/or restrictions set forth in this document. The Board of Directors may choose to pursue legal channels to gain injunctive relief and any associated legal expenses will be added to the fines. Such fines shall be collectible in the same manner as assessments and any remedies available for the collection of assessments shall also be available for the collection of fines. Section 29. Construction and Sale Period. So long as Declarant owns any property in the Subdivision for development and/or sale, the restrictions set forth in this article shall not be applied or interpreted as to prevent, hinder or interfere with development, construction or sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE XIII GENERAL PROVISIONS Section 1. Covenants Running with the Land. The covenants, conditions, and restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Amendment of Declaration. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state Page 24 or federal governmental agency. However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing. In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of members representing sixty percent (60%) of the total votes in the Association, and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 8 of this Article. Notwithstanding the above, no amendment to this Declaration involving the responsibility to maintain the Common Maintenance Areas may be made without the prior written approval of the City of Renton. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot_ Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 7. Rule Against perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later_ Page 25 Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the right to determine the number and location of any Lots within the other parcels_ if any Other Parcels are added to the Properties, all of the Other Parcels shall be governed by this Declaration. The character of the improvements which may be later added to the Properties on other parcels shall be compatible with improvements already existing on the Properties; provided, however, that Declarant may develop the other parcels for any lawful purpose that is allowed by applicable laws and regulations. All easements for ingress, egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Other Parcels. During the Development Period, the addition of Other Parcels to the Properties shall occur when the Declarant files for record an amendment to this Declaration legally describing the Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time Other Parcels are added to the Properties only to the extent the total number of votes is increased by the number of Lots added, and the percentage which one vote bears to the total is thus diminished. Section 9. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or Rules and Regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 10. Limitation of Liability. So long as a Director, Officer, Committee member, Association agent, or Declarant acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such person, then no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, provided that this Section shall not apply where the consequences of such act, omission, error negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. Section 11. Indemnification. Each Director, Officer, Committee member, and Declarant shall be indemnified by the Association, including the Lot Owners, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. Page 26 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hand(s) and seal(s) this day of , 20_. DECLARANT WINDSOR CIRCLE, LLC, a Washington limited liability company By Its STATE OF WASHINGTON ) ) ss. COUNTY OF } On this day of , 20,, before me, the undersigned, a notary public in and for the State of Washington, personally appeared of WINDSOR CIRCLE, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at (Print Name) My Commission Expires: Page 27 L EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract 8, Block 1, Cedar Park Five Acre Tracts, according to the Plat thereof, recorded in Volume 15 of Plats, Page 91, records of King County, Washington, Page 28 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r� CITY CLERK'S OFFICE CITY OR RENTON 1055 SOUTH GRADY WAY RENTON, WA 98057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES AND BMPS Grantor: Windsor Circle, LLC Grantee: City or Renton Legal Description: LOT 8 BLOCK 1. CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS. PAGE 91 IN KING COUNTY. WASHINGTON. Additional Legal(s) on: Assessor's Tax Parcel ID#; -King County Parcel No. 145750-0040 IN CONSIDERATION of the approved City of Renton clearing, grading, storm drainage, road and sanitary sewer permits for application file No. U-1 10089 relating to the real property ("Property") described above. the Grantor(s), the owner(s) in fee of that Property, hereby covenants(covenant) with the City or Renton, a political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 10 below with regard to the Property, and hereby grants(grant) an easement as described in Paragraphs 2 and 3. Grantor(s) hereby grants(grant), eovenants(covenant), and agrees(agree) as follows: 1. The Grantor(s) or his/her(their) successors in interest and assi`*ns ("Owners") shali at their own cost, operate, maintain, and keep in good repair. the Property's private stormwater facilities and best management practices ("BMPs") identified in the plans and specifications submitted to City of Renton for the review and approval of permit(s) 9: U-110089. Private Stormwater facilities include pipes, catch basins and other engineered structures designed to manage private stormwater on the Property. Stormwater BMPs include dispersion and infiltration devices, native vegetated areas, permeable pavements, vegetated roofs, rainwater harvesting systems, reduced impervious surface coverage, and other measures designed to reduce the amount of stormwater runoff on the Property. 2. City or Renton shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the private stormwater facilities and BMPs and conduct other activities specified in this Declaration of Covenant and in accordance with RMS 4- 6-030, This right of ingress and egress, right to inspect, and right to perform required maintenance or repair as provided for in Section 3 below, shall extend over those portions of the Property shown in Exhibit "A." 3. If City of Renton determines that maintenance or repair work is required to be done to any of the private stormwater facilities or BMPs, City of Renton shall give notice of the specific maintenance and/or repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such work is to be completed by the Owners. if the above required maintenance or repair is not completed within the time set by the City, the City may perform the required maintenance or repair, and hereby is given access to the Property, subject to the exclusion in Paragraph 2 above, for such purposes. Written notice will be sent to the Owners stating the. City's intention to perform such work. This work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the City, there exists an imminent or present danger, the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately, 4. If at any time the City of Renton reasonably determines that a private stormwater facility or BMP on the Property creates any of the hazardous conditions listed in KCC 9.04.130 or relevant municipal successor's codes as applicable and herein incorporated by reference, The City may take measures specified therein. >. The Owners shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Paragraph 3 or any measures taken by the City to address hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed_ Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues, the prevailing party is entitled to costs or fees. 6. The Owners are hereby required to obtain written approval from City of Renton prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc_), or performing any alterations or modifications to the stormwater facilities and BMPs referenced in this Declaration of Covenant. 7. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 8. With regard to the matters addressed herein, this agreement constitutes the entire agreement between the parties, and supersedes all prior discussions.. negotiations, and all agreements whatsoever whether oral or written. 9. This Declaration of Covenant is intended to protect the value and desirability of the real property described above, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in interest, and assigns. 10. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King County in its real property, records. [Signatures appear on following pages] IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Private Stormwater Facilities and BMPs is executed this 23rd day of May, 2012. I h� GRANTOR, Michael Gladstein — Manauer Windsor eircic. LLC, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. I certify that I know or have satisfactory evidence that 'Michael Gladstein 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 Manager of Windsor Circle, LLC, a Washington limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Given under my hand and official seal this 23rd day of May, 2012. `��t t fill e> `SN CPRot f li Printed name ��4'4ra5554144j� / �oM"A;s�oy�,,� //y Notary Public in and for the State of GJ_= SO,& e�0y�N , 9i �� p Washin on, residing at Z� 14� My appointment expires !ll,l�f 3HING` WINDSOR CIRCLE PLAT DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF PRIVATE STORMWATER FACILTIES AND BMPS EXHIBIT A 1. All the lots in this plat contain stormwater management flow control BMPs (best management practice) as required on the approved construction drawing # 3619 on file with the City of Renton. This plan shall be submitted with the application for any building permit_ A flow control BMP site plan showing the location of the flow control BMP that was constructed on each lot, as part of the individual lot building permit, was submitted to the City for review and approval as part of the City's Building permit application review and approval process. A copy of the flow control BMP site plan is on file with the City of Renton. The flow control BMPs, required on lots 3-12 include the perforated pipe connection BMP. The flow control BMPs required on lots 1, 2, 13-15 include basic dispersion BMP. The flow control BMPs required on lots 3-12 include basic dispersion BMP_ Maintenance of the flow control BMPs constructed on the lots is the responsibility of the property owners. 2. Lots 1-15 of this plat contain a stormwater management flow control BMP (best management practice) known as "perforated pipe connection". The location of the perforated pipe connection on each lot is shown on the flow control BMP site plan that was submitted to the City as part of the individual lot Building Permit application review and approval process. The perforated pipe connection flow control BMP must be maintained by the lot owner and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. The soil overtop of the perforated portion of the system must not be compacted or covered with imperious materials_ Maintenance of the perforated pipe connection BMP is the responsibility of the property owner and shall be in accordance with the maintenance instructions attached hereto as Exhibit "B". 3. Lots 1, 2, 13-15 of this plat contain a stormwater management flow control BMP (best management practice) known as "basic dispersion" a strategy for minimizing the area disturbed by development (i.e., impervious or non-native pervious surfaces, such as concrete areas, roofs and lawns) relative to native vegetated areas (e.g., forest surface) together with the application of dispersion techniques that utilize the natural capacity of the native vegetated areas to mitigate the stormwater runoff quantity and quality impacts of the developed surfaces. This flow control BMP has two primary components that must be maintained: (1) the devices that disperse runoff from the developed surfaces (perforated pipe and gravel trench) and (2) the native vegetated area (Tract E). The location of the dispersion device and vegetated flow path on Tract E (sensitive area tract) is shown on the flow control BMP site plan that was submitted to the City as part of the individual lot Building Permit application review and approval process. WINDSOR CIRCLE PLAT DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF PRIVATE STORMWATER FACILTIES AND BMPS EXHIBIT A The BMP constructed on the lot may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. Maintenance of the full dispersion BMP is the responsibility of the property owner. 4. Lots 3-12 of this plat contain a storrnwater management flow control BMP (best management practice) known as "basic dispersion", a strategy for minimizing the area disturbed by development (i.e., impervious or non-native pervious surfaces, such as concrete areas, roofs and lawns) relative to native vegetated areas (e.g., forest surface) together with the application of dispersion techniques that utilize the natura# capacity of the native vegetated areas to mitigate the stormwater runoff quantity and quality impacts of the developed surfaces. This flow control BMP has two primary components that must be maintained: (1) the devices that disperse runoff from the developed surfaces (splash blocks) and (2) the native vegetated area (5D foot flowpath). The location of the dispersion device and vegetated flow path is shown on the flow control BMP site plan that was submitted to the City as part of the individual lot Building Permit application review and approval process. The BMP constructed on the lot may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. Maintenance of the full dispersion BMP is the responsibility of the property owner. WINDSOR CIRCLE PLAT DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF PRIVATE STORMWATER FACILTIES AND BMPS EXHIBIT B PERFORATED PIPE CONNECTION MAINTENANCE INSTRUCTIONS Lots 3-12 contain a stormwater management flow control BMP (best management practice) called a "perforated pipe connection", which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom, designed to "leak" runoff, conveyed by pipe, into a gravel filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system_ The size and composition of the perforated pipe connection as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval from the City of Renton. The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. BASIC DISPERSION MAINTENANCE INSTRUCTIONS Lots 3-12 of this plat contain a stormwater management flow control BMP (best management practice) known as "basic dispersion" a strategy for minimizing the area disturbed by development (i.e., impervious or non-native pervious surfaces, such as concrete areas, roofs and lawns) relative to native vegetated areas (e.g., forest surface) together with the application of dispersion techniques that utilize the natural capacity of the native vegetated areas to mitigate the stormwater runoff quantity and quality impacts of the developed surfaces. This flow control BMP has two primary components that must be maintained: (1) the devices that disperse runoff from the developed surfaces and (2) the native vegetated area. Dispersion Devices The dispersion devices used on your property include the following as indicated on the flow control BMP site plan: X splash blocks, c rock pads, ❑ gravel filled trenches, ❑ sheet flow, ❑ level spreader. The size, placement, composition and downstream flowpaths of the these devices as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval from the City of Renton. Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects. When native soil is exposed or erosion channels are present, the source of the erosion or concentrated flow need to be identified and mitigated. Bare spots should be re - vegetated with native vegetation. Concentrated flow can be mitigated by leveling the edge of pervious area and/or regarding or replenishing the rock in the dispersion device, such as in rock pads and gravel - filled trenches. WINDSOR CIRCLE PLAT DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF PRIVATE STORMWATER FACILTIE5 AND BMPS EXHIBIT B BASIC DISPERSION MAINTENANCE INSTRUCTIONS — cont. Lots 1,2, 13-15 of this plat contain a stormwater management flow control BMP (best management practice) known as "basic dispersion" a strategy for minimizing the area disturbed by development (i.e., impervious or non-native pervious surfaces, such as concrete areas, roofs and lawns) relative to native vegetated areas (e.g., forest surface) together with the application of dispersion techniques that utilize the natural capacity of the native vegetated areas to mitigate the stormwater runoff quantity and quality impacts of the developed surfaces and to maintain hydrology of the sensitive area located in Tract E. This flow control BMP has two primary components that must be maintained: (1) the devices that disperse runoff from the developed surfaces and (2) the native vegetated area. Dispersion Devices The dispersion devices used on your property include the following as indicated on the flow control BMP site plan: —_ splash blocks, c rock pads, X perforated pipe connected to gravel filled trenches, ❑ sheet flow, n level spreader. The size, placement, composition and downstream flowpaths of the these devices as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval from the City of Renton. Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects_ when native soil is exposed or erosion channels are present, the source of the erosion or concentrated flow need to be identified and mitigated. Bare spots should be re -vegetated with native vegetation. Concentrated flow can be mitigated by leveling the edge of pervious area and/or regarding or replenishing the rock in the dispersion device, such as in rock pads and gravel -filled trenches. f7CC?mp355 HAKMOM GROVE ren: 41 .'•.: -..e. .._...:.' .. u.r..:�.�.c.+n:mu ).c... r.x . .gin, w':_ �. u25'39i.i-' ^� •,K \ �f� 152ND AVENUE SX. fA Wp- K PG + K ,i i _ _ _ w'' F STA 1+94 cid'_ 1•�' S ~ "n m - � � 1 I m.•. r�Tz ..L m } .I' ..0 �• m m FAA ! �{ p rq z r- 2+75 ak z �Q Z Vl x 55. OM S U+i N MLS I 1 ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Act (SEPA), chapter 43.21 C� RCW, requires all governmental agencies to consider the environm Q,4D a-� E of a proposal before making decisions. An environmental impact statement (EIS must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. A. Background 1. Name of proposed project, if applicable: Thrr.o.-o plat Windsor Circle 2. Name of applicant: Eagle Greek Land i e Aelnropment--L- L -G Windsor Circle, LLC �z.va.. 3. Address and phone number of applicants and contact person: Applicant: Contact: Ar i 4 ! L 1 kP rEA Windsor Circle, LLC Justin Lagers 9675 SE 361h St, Suite 105 Mercier Island, WA 98040 206-588-1147 4. Date checklist prepared: Xiv" �0aa � iii 1 -! • 5. Agency requesting checklist: King County DDES ' . FOR� _ Mugs-_ _. .• - a • i 10-1-12M A ! Encompass Engineering Tom Redding 165 NE Juniper St, Suite 201 Issaquah, WA 98027 425-392-0250 6. Proposed timing or schedule (including phasing, if applicable): Construct LLate _Fail _>006_if eFmittir►a_ mellows Spring/Summer 2012 7. Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes explain: 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: A wetland delineation and report has been prepared by B12 Associates for the wetlands on the site. 9. Do you know whether applications are pending for government approvals of other proposals directly affecting the property covered by your proposal? If yes Explain: None known. 10. List any government approvals or permits that will be needed for your proposal, if known: King County and City of Renton approval of engineering plans, building permits, City of Renton approval of sewer plans, Water District 90 preparation of water plans. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the protect and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The proposal is to develop an existing tax lot in to 15 single-family residential building lots. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range of boundaries of the site(s). Provide a legal description, site plan. vicinity map and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist_ The site is located at 13502 162"' Ave SE. Tax Parcel 145750-0040 in the NE % of Sec 14, T23N, R5E, W.M. TO BE COMPLETED BY APPLICANT B. Environmental Elements 9. Earth a. General description of the site (circle one) Flat, rollin hilly, portion steep, slopes, mountainous. other b. What is the steepest slope on the site (approximate percent slope)? 22 c. What general types of soil are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland: Alderwood Gravelly Sandy Loam. d. Are there surface indications of or history of unstable soils in the immediate vicinity? If so, describe.- EM escribe: EM e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill: Approximately 5,000 cu yd of select imported fill material will be needed road base and for general site fill_ f. Could erosion occur as a result of clearing, construction or use? If so, generally describe: Yes, erosion could occur during construction. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 30% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Silt fabric fencing, sedimentation ponds, and swales will be utilized during construction. MAG a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known: Emissions from construction equipment, dust during construction. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe: her c. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction equipment will meet current State and Federal emission requirements; dust control (water) will be provided during construction_ 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (includingyear-round and seasonal streams, saltwater, lakes, ponds and wetland? If yes, describe type and provide names. If appropriate, state what stream or river it flows into: There are two wetlands on the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans: Yes. Homes and roads will be constructed within 200 feet of the wetlands_ 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface waters or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material: N/A. 4 4) Will the proposal require surface water withdrawals or diversions? Give general description , purpose, and approximate quantities if known: rin's 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan: ME 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge: No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known: No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage: industrial. containing the following chemicals...: agricultural: etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: NIA c. Water runoff (including storm water),- 1) ater); 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so describe: Storm runoff will be piped to a detentionfwater quality facilities in Tarr a,qd Tract `B' and then discharged to the storm sewer near the northeast and southwest corner of the property. 2) Could waste materials enter ground or surface waters? If so, generally explain: Household spills could enter the storm system. d. Proposed measures to reduce or control surface, ground and runoff water impacts. If any: Oil water separators and a wet pond/ vault will be provided. 4. Plants a. check or circle types of vegetation found on the site: XXX deciduous tree: alder, maple, aspen, other —everreen tree: fir, cedar, pine, other shrugs XX grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? All vegetation within road rights-of-way will be removed. Approximately 75% of the site will be cleared and regraded.. c. List threatened or endangered species known to be on or near the site: None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Landscaping will be provided by homeowners. S. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other b. list any threatened or endangered or endangered species known to near or on the site: None known. c. Is the site part of a migration route? If so, explain - 6 No- d. Proposed measures to preserve or enhance wildlife, if any: Wetlands will be maintained. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used for heating, manufacturing, etc.: Electricity and natural gas will be used to meet the project's energy needs. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: r►�n c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Homes will be constructed to Washington State energy code requirements_ 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe: No 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: Traffic, equipment, operation, other)? Traffic 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise associated with construction equipment. Long term noise associated with 15 new single family homes. 3) Proposed measures to reduce or control noise impacts, if any: Construction equipment will meet State and Federal noise regulations. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Surrounding property to north, south and east and west is single-family. b. Has the site been used for agriculture? If so, describe: No. c. Describe any structures on the site: Shop and Mobile Home d. Will any structures be demolished? If so, what? Yes, all structures will be demolished or removed e. What is the current zoning classification of the site: f. What is the current comprehensive plan designation of the site? Single-family residential. g. If applicable, what is the current shoreline master program designation of the site? NIA h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify - 8 Yes. There are two wetlands on the site. i. Approximately how many people would reside or work in the completed project? ." j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: IST =8 I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Proposal conforms to comp. plan. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing: 15 new middle income. b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing: None. c. Proposed measures to reduce or control housing impacts, if any: Mitigation Fees. 10. Aesthetics a. What is the tallest height of any proposed structure(s). not including antennas: what is the principle exterior building material(s) proposed? 35 foot wood. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: None. 9 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare associated with 15 new homes plus street lighting. b. Could light or glare from the finished project be a safety hazard or interfere with views . No c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: U.[73 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Coal Field Park and Maple Heights Park b. Would the proposed project displace and existing recreational uses? If so, describe: c_ Proposed measures to reduce or control impacts on recreational opportunities to be provided by the project or applicant, if any: vnskeTrec-rea- ion space wig be provided in T c-tt Fee in lieu 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: None known. IR b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site: IST[ IT—J. r?'7 J JF► >I c. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any: 164th Ave SE, SE 135th St, 162nd Ave, SE 136th S b. 1s site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No c. How many parking spaces would the completed project have? How many would the protect eliminate? Two parking spaces per lot plus the garage. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Yes. New public roads will be constructed to provide access to the development. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. =10 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur: The project would generate 150 average daily trips peak volumes would occur during AM & PM commute times. g. Proposed measures to reduce or control transportation impacts, if any: Traffic mitigation fee. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: The project will result in an increased need for all public services, b. Proposed measures to reduce or control direct impacts on public services, if any: Increased tax abase pays for services. Fire, sewer and storm water mitigation fees will also be paid. 16. Utilities a. Circle utilities currently available at the site: electricit , natural qas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the immediate vicinity which might be needed. Sewer, water, natural gas, phone, power, cable TV. C. SIGNATURE The above answers are true and complete to the best of my knowledge. understand that the lead agency is relying on them to make a decision. Signature: ! V f Name Printed: Tom Redding Date Submitted: 6/14/12 12 i Form No. 14 Subdivision Guarantee Guarantee No.: NCS-564948-WAl Ii.J1 � n -::ov Issued by First American Title Insurance Company 818 Stewart Street, Suite 800, Seattle, WA 98101 Title Officer: Nathan Jones Phone: 206, 615.3047 FAX., 866.678.0593 First American Tide Insurance Company r Form No. 14 Guarantee No.: NCS-564948-WAi Subdivision Guarantee (4-10-75) Page No.: 1 14 1 may, • C'? First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX(206)448-6348 Nathan Jones (206)615-3047 njjones@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-504948-WA1 FEE $ 500.00 TAX $ 47.05 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Windsor Circle, LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for dosing any transaction affecting title to said property. Dated: May 17, 2012 at 7:30 A.M. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-14-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Windsor Circle, LLC Guarantee No.: NCS-504448-WAI Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: LOT 8, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON. APN: 145750-0040-07 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2012. Guarantee No.: NCS-504948-WAl Page No.: 3 Tax Account No.: 145750-0040-07 Amount Billed: $ 4,203.37 Amount Paid: $ 2,101.69 Amount Due: $ 2,101.68 Assessed Land Value: $ 292,000.00 Assessed Improvement Value: $ 14,000.00 2. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded June 8, 2000 under Recording No. 20000608900005 , in King County, Washington. 3. The terms and provisions contained in the document entitled "Easement" recorded April 12, 2012 as Recording No. 20120412000485 of Official Records. By and between Windsor Circle LLC and Puget Sound Energy, Inc. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-14-75) INFORMATIONAL NOTES Guarantee No.: NCS-504948-WA1 Page No.: 4 A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Insurance Company Form No. 14 Guarantee No.: NCS-504946-WAI Subdivision Guarantee (4-10-75) Page No.: 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I. Except to the extent that spedfEc assurance are provided in 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 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 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 ar referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONOM014S 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 this Guarantee, 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 this Guarantee, 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 sole 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 tide to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be 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 so 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 sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Fissured. 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 loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be 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 bo examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, wNch 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. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or 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 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 Pay or otherwise Settle With Parties Other Than the Assured or with the Assured Claimant. To pay or 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 this Guarantee; (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. S. 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 jurisdicbon, 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 pursuantto Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11 Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Ttle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any 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 $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Ruies in effect at ©ate of Guarantee shall he 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 iaw of the situs of the and shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained From the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company n `1 i 1 r�M Arlt (X'1 1 zo •. 2 � Q JAS±' Cl Rt. 1 i a Z 1 2�s r 4prn . .. m i'D� �71Y'1L'37tifiaNl„95,96.'�pN ' i Om � I SU .. �N 30 9 2 • I r i m .. c'iL � ➢'_ ?m• - m (gid � :!�'. C7 :. .- to gr � n W AO- Ir. _'� -3 � � I n `1 i 1 r�M Arlt (X'1 1 •. 2 � Q Z 1 2�s r 4prn Om 30 tv n�i b r 7 Orn � c'iL � ➢'_ ?m• - !I•l lj U L :!�'. C7 :. � n W AO- n `1 i 1 r�M Arlt (X'1 1 Z 1 2�s r 4prn _ tv n�i b r 7 Orn � c'iL � ➢'_ ?m• - !I•l lj U L :!�'. C7 �--- W AO- Ir. _'� -3 n `1 i 1 r�M Arlt (X'1 1 14. REFERENCE W. fj GRANTOR: WinsorCircte, LLC �7 %;'f" GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lot 8, Block 1, Cedar Park Five Acre Tracts, Vol. 15, Pg. St ASSESSOR'S PROPERTY TAX PARCEL: 145750-0040 s job For and in consideration of One Dollar ($1.00) and other valuable consideration in hard paid, Wlnaor Circle. LLC. a Washington Limited Liability Company (-Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ('Property' herein) in King County, Washington: LOT 8, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 91; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon tical portion of the Property ("Easement Area' herein) described as follows: EASEMENT N0. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, ANDIOR, CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT ND. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF-WAY. EASEMENT NO. 3: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED MTHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF 162NO AVENUE SE. 1. Purpose. Grantee shall have the right t0 use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to; Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber Optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as II may require for such systems. Grantee shall have the right of access to Ila Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right 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 conUnuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other venation in the Easement Area. PNW Holdings, LLC — Harmony Grove 105068023 $ 1070443541080658 Page 1 of 2 :W 20120412000485 PU ET SOUND EN ERs 63.00 RETURN ADDRESS: PA -"I OF 002 04/12/2012 11100 Puget Sound Energy, Inc. KING COUNTY, UR Attention: RfW Department PO Box 970341 Eat 06W Bellevue, WA 98009-9942 (Zach Bergman) : c.c.-�L:.;.: �J - d, �If EASEMENT i'OI L / f r r V Al//f / � r vv REFERENCE W. fj GRANTOR: WinsorCircte, LLC �7 %;'f" GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lot 8, Block 1, Cedar Park Five Acre Tracts, Vol. 15, Pg. St ASSESSOR'S PROPERTY TAX PARCEL: 145750-0040 s job For and in consideration of One Dollar ($1.00) and other valuable consideration in hard paid, Wlnaor Circle. LLC. a Washington Limited Liability Company (-Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ('Property' herein) in King County, Washington: LOT 8, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 91; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon tical portion of the Property ("Easement Area' herein) described as follows: EASEMENT N0. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, ANDIOR, CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT ND. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF-WAY. EASEMENT NO. 3: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED MTHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF 162NO AVENUE SE. 1. Purpose. Grantee shall have the right t0 use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to; Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber Optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as II may require for such systems. Grantee shall have the right of access to Ila Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right 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 conUnuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other venation in the Easement Area. PNW Holdings, LLC — Harmony Grove 105068023 $ 1070443541080658 Page 1 of 2 14. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not oonstruct or maintain any buildings. structures or other objects on the Easement Area and Grantor shall do no Wasting within 300 feet of Grantee's facililies without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor 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 Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. S. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of rive (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 the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. B. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of ifs rights, benefits, privileges 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 benefit of and be binding upon their respective successors and assigns. DATED this /Sy- day of A all .2012. GRA R: VA r ircle, LL 'ngton Limited Liability Company BY. ITS: STATE OF WASHINGTON ) )ss COUNTY Of On this j - _ - day of ��' 2012, before me, the undersigned, a Notary Putic in and for the State of (Washington, duly commissioned and swum, personally appeared /t1f4iFA� SX -f to me known or proved by satisfactory evidence to be the person who signed as of Winsor Circle, LLC, a Washington Limited Liability Company, tha I ted liability company that executed the within and foregoing instrument, and acknowledged said instrument to b hi or free and voluntary act and deed and the free and voluntaqile and deed of said limited liability company for the uses and purposes therein mentioned; and on oath stated th hhe was authorized to execute the said Instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand anj official seat the and year first a written. t\�H1Nt (S ��•��'� Illfr (Print or stamp name of Notary) NOTARY PUBLIC in and fi rtgg lata o ff, Washington, residing at lCt Z w i _ My Appointment Expires: 7 •L PNW Holdings, LLC — Harmony Grove 105068023 & 1070443541090838 Page 2 of 2 Printed: 06-20-2012 Payment Made CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-047 06/20/2012 10:15 AM Total Payment: 11545.00 Current Payment Made to the Following Items: Receipt Number: Payee: WINDSOR CIRCLE LLC Trans Account Code Description Amount 3080 503.000000.004.322 Technology Fee 45.00 5011 000.000000.007.345 Prelim/Tentative Plat 1,500.00 Payments made for this receipt Trans Method Description Amount Payment Check 40413 Account Balances 1,545.00 Trans Account Code Description Balance Due 3021 303.000000.020.345 Park Mitigation Fee .00 3080 503.000000.004.322 Technology Fee .00 3954 650.000000.000.237 Special Deposits .00 5006 000.000000.007.345 Annexation Fees .00 5007 000.000000.011.345 Appeals/Waivers .00 5008 000.000000.007.345 Binding Site/Short Plat .00 5009 000.000000.007.345 Conditional Use Fees .00 5010 000.000000.007.345 Environmental Review .00 5011 000.000000.007.345 Prelim/Tentative Plat .00 5012 000.000000.007.345 Final Plat .00 5013 000.000000.007.345 PUD .00 5014 000.000000.007.345 Grading & Filling Fees .00 5015 000.000000.007.345 Lot Line Adjustment .00 5016 000.000000.007.345 Mobile Home Parks .00 5017 000.000000.007.345 Rezone .00 5018 000.000000.007.345 Routine Vegetation Mgmt .00 5019 000.000000.007.345 Shoreline Subst Dev .00 5020 000.000000.007.345 Site Plan Approval .00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence .00 5022 000.000000.007.345 Variance Fees .00 5024 000.000000.007.345 Conditional Approval Fee .00 5036 000.000000.007.345 Comprehensive Plan Amend .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 5941 000.000000.007.341 Maps (Taxable) .00 5998 000.000000.000.231 Tax .00 JAN 9 0 .. 81202789 RENTON FILE NO. LUA 08-125 LND WINDSOR CIRCLE A FIFTEEN LOT PLAT A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON TRACT 8, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS, IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY SUBDIVIDED, DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME AND DEDICATE TO THE PUBLIC, FOREVER, THE USE OF ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT I IyON.SI,STENT WITH THE USE THEREOF FOR PUBLIC ROADWAY, UTILITY INSTALLATION, Ai D STORM DRAINAGE INSTALLATION, TOGETHER WITH THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON THE. LOTS AW1 A! nrll� (ZunwAlr)kl TUI Lel AT W Tui' r1PIr_IMAI P17ACnnIAAI r r_Qen1mr_ nl7!""t1V VLV VI\..d .JltVftl\ VI■ 1661.) 1 L!'li 111 611E VI \1 VIi'I/w i.. 1\I_!`tVVlr'1LJLL Vl\llVll\V VI THE STREETS AND AVENUES SHOWN HEREON. ALSO, TRACT `B" IS HEREBY DEDICATED TO THE CITY OF RENTON FOR STORM WATER DETENTION, FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS, AND ASSIGNS WHICH MAY BE OCCASION.ED..BY THE ESTABLISHMENT CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THE SUBDIVISION. THE SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. ALSO THE SPECIFIC CONDITIONS AND/OR AGREEMENTS THAT ARE CONDITIONS OF THIS PLAT ARE MADE A PART HERETO AND THE OWNERS AND THEIR ASSIGNS DO HERE AGREE TO AND/OR COMPLY WITH THESE CONDITIONS. TRACT "E" IS HEREBY CONVEYED TO THE WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION UPON THE RECORDING OF THIS PLAT. THE WINDSOR CIRCLE HOA SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT. IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. :2 go WINDSOR CIRCLE, LLC A WASHINGTON LIMITED LIABILITY COMPANY KAREN MCGRIFF WASHINGTON FEDERAL STATE OF Its: Its: VICE PRESIDENT SS COUNTY OF ON THE ------ DAY OF �. 20 ____ BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, PERSONALLY APPEARED ____�_____ TO ME KNOWN TO BE r _ OF THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID LIMITED LIABILITY COMPANY FOR THE USES AND PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. DATED SIGNATURE OF NOTARY PUBLIC _ PRINTED NAME OF NOTARY PUBLIC _ TITLE MY APPOINTMENT EXPIRES SS COUNTY OF _} ON THE — __ DAY OF 20 _,__ BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, PERSONALLY APPEARED _KAREN McGRIFF TO ME KNOWN TO BE _ VICE PRESIDENT OF WASHINGTON FEDERAL, INC. THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN MENTIONED AND ON OATH SATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. DATED SIGNATURE OF NOTARY PUBLIC _ PRINTED NAME OF NOTARY PUBLIC _ TI TLE MY APPOINTMENT EXPIRES City of Renton Planning Division JUN".2 0,2 012 INECEwrou CITY OF RENTON APPROVALS CITY OF RENTON ADMINISTRATOR PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS ____DAY OF _ _N_,20 ADMINISTRATOR CITY OF RENTON ADMINISTRATOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT EXAMINED AND APPROVED THIS ----- DAY OF ----,20 ADMINISTRATOR EXAMINED AND APPROVED THIS ----DAY OF _ _,20_ MAYOR ATTEST: CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL. THIS DAY OF FINANCE DIRECTOR KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. THIS ----- DAY OF ------ _ _ _ _ 20 MANAGER, FINANCE DIVISION DEPUTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ------- DAY OF ASSESSOR 145750-0040 ACCOUNT NUMBER DEPUTY ASSESSOR FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS DAY OF 20 A. D., AT MINUTES PAST M. AND RECORDED IN VOLUME OF PLATS, PAGES RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS RECORDING NO. SURVEYOR'S CERTIFICATE I, WILLIAM SHUPE HOLMBERG, HEREBY CERTIFY THAT THIS PLAT OF WINDSOR CIRCLE IS BASED ON AN ACTUAL SURVEY OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, TI 1 A T " lr /1h1 if %ell -4- • 1, 111 r11nT a • 8^r— . A .'1 r-� r d 1�u . ww.--- -. Ta HEREON, MAI I Nt I,UUMZ)LZI ANU UlJ I AM tJ AKt Z)HUWN UUKKtU I LY HEREON, THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON THE GROUND AND THAT I HAVE FULLY COMPLIED '?I TH THE PROVISIONS OF THE PLATTING REGULATIONS. WILLIAM SHUPE HOLMBER � -_DATE:_ FICATE N0.11332 Y: \Jobs (J)\11 \11517---Threadgill Plat\ENGINEERING\DWG\THREADGILL—SP:dwg 05/29/12 10:19: 39 AM PDT RENTON FILE NO. LUA 08-125 LND WINDSOR CIRCLE A FIFTEEN LOT PLAT A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON N89'20'19"W 2623.92' (MEASURED) CITY OF RENTON NO. 1851 3 1/2- DOMED BRASS DISC W/ PUNCH MARK AT THE INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 140TH AVENUE S.E. (VISITED 2/8/12) CITY OF RENTON NO. 1852 3" FLAT BRASS AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 148TH AVENUE S.E. (VISITED 2/8/12) EASEMENT NOTES 1. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CITY OF RENTON, PUGET SOUND ENERGY COMPANY, QWEST, COMCAST, (OTHER PRIVATE UTILITIES), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES AND, THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS. THE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION., STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE ' LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION USES SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS. 2. PUBLIC WATER EASEMENT SHOWN ON LOT 6 IS FOR THE BENEFIT OF KING COUNTY WATER DISTRICT 90 FOR WATER FACILITIES. 3. THE 10' PRIVATE EASEMENT ON LOT 1 IS FOR THE BENEFIT OF THE OWNER OF LOT 2 FOR DRAINAGE PIPE PURPOSES. THE OWNER OF LOT 2 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 2. 4. THE 5' PRIVATE EASEMENT ON LOT 4 IS FOR THE BENEFIT OF THE OWNER OF LOT 3 FOR DRAINAGE PIPE PURPOSES. THE OWNER OF LOT 3 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 3. N89'19'20"W 2622.92' (MEASURED) 5. THE 5' PRIVATE EASEMENT ON LOT 7 IS FOR THE BENEFIT OF THE OWNER OF LOT DEDICATION AREAS S.E. 135TH PLACE 29,184 SQ. FT. NORTH DEDICATION 10,901 SQ. FT. 1. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR 8 FOR DRAINAGE PIPE PURPOSES. THE OWNER OF LOT 8 SHALL BE RESPONSIBLE 153 SQ. FT. Z RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF SOUTHEAST CORNER 120 SQ. FT ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE FOR MAINTAINING THE DRAINAGE .PIPE SERVING LOT 8. LOT AREAS 2. THE WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION (HOA) SHALL BE RESPONSIBLE LOT ADRESSES 6. THE 5' PRIVATE EASEMENT ON LOT 11 IS FOR THE BENEFIT OF THE OWNER OF LOT LOT 1 7,646 SQ. FT. 0.18 ACRES � 12 FOR DRAINAGE PIPE PURPOSES. THE OWNER OF LOT 12 SHALL BE LOT 2 5,695 SQ. FT. 0.13 ACRES THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO OR FROM S.E. 135TH STREET RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 12. LOT 3 5,690 SQ. FT. 0.13 ACRES LOT 8 LOT 9 LOT 4 5,685 SQ. FT. 0.13 ACRES 7. THE 5' PRIVATE EASEMENT ON LOT 14 IS FOR THE BENEFIT OF THE OWNERS OF LOT 5 4,900 SQ. FT. 0.11 ACRES LOTS 13 AND 15 FOR DRAINAGE PIPE PURPOSES. THE OWNERS OF LOTS 13 AND LOT 6 7,909 SQ. FT. 0.18 ACRES 15 SHALL BE RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING THEIR LOT 7 5,415 SQ. FT. 0.12 ACRES RESPECTIVE LOTS. LOT 8 4,705 SQ. FT. 0.11 ACRES LOT 9 5,574 SQ. FT. 0.13 ACRES 8. THE 5' PRIVATE EASEMENT ON LOT 9 IS FOR THE BENEFIT OF THE OWNER OF LOT I.OT LOT 10 11 6,133 6,132 -SQ;--- SQ. FT. FT. 0.14 0.14 ACRES ACRES 10 FOR DRAINAGE PIPE PURPOSES. THE OWNER OF LOT 10 SHALL BE LOT 12 5,372 SQ. FT. 0.12 ACRES RESPONSIBLE FOR MAINTAINING THE DRAINAGE PIPE SERVING LOT 10. LOT 13 5,201 SQ. FT. 0.12 ACRES LOT 14 5,200 SQ. FT. 0.12 ACRES 9. THE 10' CITY OF RENTON SEWER EASEMENT ON LOTS 10 AND 111S FOR THE PUBLIC LOT 15 5,701 SQ. FT. 0.13 ACRES BENEFIT FOR SANITARY SEWER FACILITIES. THE CITY OF RENTON SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SANITARY SEWER FACILITIES. NIES DEDICATION AREAS S.E. 135TH PLACE 29,184 SQ. FT. NORTH DEDICATION 10,901 SQ. FT. 1. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR SOUTHWEST CORNER 153 SQ. FT. Z RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF SOUTHEAST CORNER 120 SQ. FT ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. 2. THE WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION (HOA) SHALL BE RESPONSIBLE LOT ADRESSES V W FOR MAINTAINING THE STORMWATER POND OUTFALL LOCATED WITH THE ADJACENT LOT 1 w PORTION OF SE 136TH STREET IN UNINCORPORATED KING COUNTY, UNTIL SUCH LOT 2 � TIME THAT THE IMPROVEMENTS ARE ACCEPTED FOR MAINTENANCE BY THE LOCAL LOT 3 JURISDICTION. LOT 4 _ 00 3. THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO OR FROM S.E. 135TH STREET LOT 5 LOT cD OR S.E. 136TH STREET FROM THOSE LOTS THAT ABUT THOSE STREETS. LOT 7 7 4. THE TREES SHOWN TO BE RETAINED ON THE TREE RETENTION PLAN SHALL BE LOT 8 LOT 9 MAINTAINED BY THE OWNERS OF THE LOTS THAT THE TREES ARE LOCATED ON, LOT 10 CONSISTENT WITH RMC 4-4-130. LOT 11 5. THE HOA SHALL BE RESPONSIBLE FOR MAINTAINING THE STREET TREES AND LOT 12 LOT 13 D PLANTER STRIP LANDSCAPING. THE HOA SHALL OWN THE STREET TREES UNTIL LOT 14 SUCH TIME THAT THE CITY OF RENTON HAS ADOPTED A MAINTENANCE PROGRAM. LOT 15 m 6. AN EASEMENT COVERING TRACT "B" IS HEREBY RESERVED FOR TWO YEARS FOLLOWING THE RECORDING OF THIS PLAT FOR THE HOA TO MAINTAIN THE LANDSCAPING AND THE DRAINAGE FACILITY WITHIN TRACT "B": THE HOA SHALL BE RESPONSIBLE FOR MAINTAINING LANDSCAPING AND THE DRAINAGE FACILITY 1N TRACT "B" FOR THIS TWO YEAR PERIOD, OR UNTIL THE LOCAL JURISDICTION TAKES OVER THIS MAINTENANCE RESPONSIBILITY. NAJL\�L GROW-TH-.-PROIF.9119H EASEMENT AREA THE NATIVE GROWTH PROTECTION EASEMENT (NGPE) ON THIS LONG PLAT IDENTIFIES THE ONSITE WETLAND AND BUFER. THE CREATION OF THE NATIVE GROWTH PROTECTION EASEMENT (NOPE) CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE EASEMENT AREA. THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE NATIVE GROWTH PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMENT AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF RENTON. THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS, REPRESENTATIVES AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT OWNERS OF THE UNDERLYING PROPERTY. EXCEPTIONS ON TITLE FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. NCS-504948-WA1 2. CONDITIONS, NOTES, EASEMENTS, PROVISIONS CONTAINED AND/QR DELINEATED ON THE FACE OF THE SURVEY RECORDED JUNE 8, 2000 UNDER RECORDING NUMBER 20000608900005, IN KING COUNTY, WASHINGTON. 3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "EASEMENT" RECORDED APRIL 12, 2012 AS RECORDING NO. 20120412000485 OF OFFICIAL RECORDS. BY AND BETWEEN WINDSOR CIRCLE LLC AND PUGET SOUND ENERGY, INC. �a PEP j m! X�11332 AL LAS 0.67 ACRES 0.25 ACRES von.. L PG-. City of Renton Planning Division JUN. 2 0, 2012 FRE(CEOVIE10 S88`07'46"E 2536.71' MEASURED FOUND 3" BRASS DISC (VISITED 7/28/04) FOUND 3" BRASS DISC j (VISITED 2/8/12) FOUND 2" BRASS DISC MON. IN CASE (VISITED 7/28/04) -N88452'23"W 1306.80' (MEASURED)- N88'55'42"W 653.12' BASIS OF BEARING N 88'48'53" W � 594.66' SITE 326.17' t N88'55'42"W 653.15' 0 = cn N o Z o SE 128TH ST C° V W � w w 0 � a N rn r- _ 00 0 N cD Q SE 134TH ST 0 o SE 135TH 3. T (n D ,-� n m c D r- SE 136TH ST > D c � o FOUND 2" BRASS DISC MON. IN CASE (VISITED 7/28/04) -N88452'23"W 1306.80' (MEASURED)- N88'55'42"W 653.12' BASIS OF BEARING N 88'48'53" W � 594.66' SITE 326.17' t N88'55'42"W 653.15' VICINITY MAP TRACT 'B' -- STORM DETENTION - TO BE DEDICATED TO CITY OF RENTON FOR A STORMWATER FACILITY TRACT 'E' - SENSITIVE AREA TRACT - TO BE OWNED & MAINTAINED BY THE WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION 9a QF RENTON. SURVEY CONTROL CONTROL MON 1851 3 1/2" DOMED BRASS DISC WITH A PUNCH MARK ON CONCRETE STREET SURFACE AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 140TH AVENUE S.E. NORTHING: 180978.989 FASTING: 1314002.237 ELEVATION: 398.549 FEET CONTROL MON 1852 3" FLAT BRASS DISC ON CONCRETE STREET SURFACE AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 148TH AVENUE S.E.. NORTHING: 180904.445 EASTING: 1316625.016 ELEVATION: 454.770 FEET INSTRUMENTATION INSTRUMENT USED: 5 SECOND TOTAL STATION. FIELD SURVEY WAS BY CLOSED TRAVERSE LOOPS, MINIMUM CLOSURE OF LOOPS WAS 1:22,000, IN ACCORDANCE WITH WAC 332-130-090. PREPARED BY Encomass,� ENGINEERING & Sp EYING Western Washington Division 165 NE Juniper Street, Suite 201 ■ Issaoquah, WA 98027 ■ Phone: (425) 392-0250 ■ Fax: (42S) 391-30SS DRAWN 8Y: JEF DECKED BWSH I DATE: 05/29/12 (SHEET: 2 OF 3 REV: 30.05' 1 CALC. POSITION VOL. PG. Y:\Jobs (J)\11 \11517-Threadgill Plat\ENGINEERING\DWG\THREADGILL-SP.dwg 05/29/12 10:19:39 AM PDT w = cn ~w SE 128TH ST C° w w U w w a r- _ 00 W (0 r Q SE 134TH ST o SE 135TH 3. T SE 136TH ST VICINITY MAP TRACT 'B' -- STORM DETENTION - TO BE DEDICATED TO CITY OF RENTON FOR A STORMWATER FACILITY TRACT 'E' - SENSITIVE AREA TRACT - TO BE OWNED & MAINTAINED BY THE WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION 9a QF RENTON. SURVEY CONTROL CONTROL MON 1851 3 1/2" DOMED BRASS DISC WITH A PUNCH MARK ON CONCRETE STREET SURFACE AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 140TH AVENUE S.E. NORTHING: 180978.989 FASTING: 1314002.237 ELEVATION: 398.549 FEET CONTROL MON 1852 3" FLAT BRASS DISC ON CONCRETE STREET SURFACE AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH STREET (S.E. 128TH STREET) AND 148TH AVENUE S.E.. NORTHING: 180904.445 EASTING: 1316625.016 ELEVATION: 454.770 FEET INSTRUMENTATION INSTRUMENT USED: 5 SECOND TOTAL STATION. FIELD SURVEY WAS BY CLOSED TRAVERSE LOOPS, MINIMUM CLOSURE OF LOOPS WAS 1:22,000, IN ACCORDANCE WITH WAC 332-130-090. PREPARED BY Encomass,� ENGINEERING & Sp EYING Western Washington Division 165 NE Juniper Street, Suite 201 ■ Issaoquah, WA 98027 ■ Phone: (425) 392-0250 ■ Fax: (42S) 391-30SS DRAWN 8Y: JEF DECKED BWSH I DATE: 05/29/12 (SHEET: 2 OF 3 REV: 30.05' 1 CALC. POSITION VOL. PG. Y:\Jobs (J)\11 \11517-Threadgill Plat\ENGINEERING\DWG\THREADGILL-SP.dwg 05/29/12 10:19:39 AM PDT VOL. RENTON FILE NO. LUA 08-125 WINDSOR CIRCLE A FIFTEEN LOT PLAT L-••• 'City of Renton A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. Planning Division CITY OF RENTON, ICING COUNTY, WASHINGTON -- - -- FOUND REBAR FOUND MIC AND CAP 0.00'S LS# 10219 162ND AVENUE S.E. 0.00'E 0.01.5. o N M11431' 55" W ,, 327.34' TO BE DEDICATED TO THE CITY OF RENTON WITH THE RECORDING OF THIS PLAT TO BE DEDICATED TO THE CITY OF RENTON WITH THE RECORDING OF THIS PLAT A ir W Unz .-, . I OD m oa m cn i't`1 4N x D 0 �0 r-UUNU REBAR 164TH AVENUE S.E. 0.33'N o 0.31'W N 02'09'49" W LEGEND 0 CORNERS TO BE SET, TYP. LS# 11332 SET TACK IN LEAD IN CURB .ON PROPERTY LINE PROJECTED FOUND MONUMENT IN CASE AS NOTED SET MONUMENT IN CASE 326.17' UP co Yi 11332 OPAL LAS FOUND MIC 0.00'N 0.00'E JUN'.2 0, 2012 RECED.IPINORITH� 30' -,j (_Tl 0 1 C FOUND REBAR AND ---SMASHED CAP 0.00'N i i i 0 yid I �J t� ,T � � C :0 i. FOUND REBAR wI AND CAP DEBAR 0 o I LS# 10219 .01'S 0.02'E t" -j 0.07'E PREPARED BY 0 510 25 50 SCALE 1"- 50' C1 -L=33.61 R=150.00 A =12'50'19" C2 -L=33.61 R=150.00 X12.50'19" C3 -L=38.00 R=25.00 A87'04'58" C4 -L=40.54 R=25.00 A92'55'02" C5 - L=27.67 R=123.50 A=12050'19" C6 -L=39.55 R=176.50 A-- 12*50119" C7 -L=19.57 R=22.00 6= 50'57' 34" C8 -L=19.57 R=22.00 A= 50'5V3 4" C9 -L=27.67 R=123.50 A=12050'19" C10 -L=39.55 R=176.50 A=12'50' 19" C11 -L=8.22 R=176.50 a= 2'40'12" C12 -L=31.32 R=176.50 10"10'07" C13 -L=19.23 R=123.50 8'55'12" C14 -L=8.45 R=123.50 d= 3'55'07" C15 -L=5.51 R=22.00 X14'20'19" C16 -L=14.06 R=22.00 A= 36'37'15" C17 -L=37.89 R=176.50 A=-12'17' 57" C18 -L=1.66 R=176.50 X0.32'22" C19 -L=2.23 R=22.00 5'48'31 " C20 -L=17.34 R=22.00 A=-45'09'03" C21 -L=40.54 R=25.00 !92.55'02" ncom ass, ENGINEERING & S RVEYING Western Washington Division 16S NE juniper Street, Suite 201 ■ IssaQuah, WA 98027 " Phone: (425) 392-0250 ■ Fax: (425) 391-3055 DRAWN BY: CHECKED BY: DATE: 05/29/12 SHEET: JEF WSH REV. 3 OF 3 VOL PG. Y:\Jobs (J)\11 \11517-Threadgill Plat\ENGINEERING\DWG\THREADGILL-SP.dwg 05/29/12 10:19:39 AM PDT