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HomeMy WebLinkAboutReport 01Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20121005000428 ;NGj2g8TITFY CL COY 202.00 10/05/2012 0903115 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (ali areas applicable to your document must be filled in) 1. Declaration of Covenants, Conditions, and Restrictions of Brookefield North Homeowners' Association Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) 1.Brookefield North, LLC, a Washington limited liability company 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) I .Public Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portion Section 10, Township 23N, Range 5 East, of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter, King County, State of Washington ,Additional legal is on page _ of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet 1023059399;1023059218 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. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. 1 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 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS N19 BROOKEFIELD NORTH HOMEOWNERS' ASSOCIATION Page 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BROOKEFIELD NORTH THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR BROOKEFIELD NORTH ("Declaration") is made on the date hereinafter set forth by BROOKEFIELD NORTH, 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 Brookefield North (hereinafter referred to as "Brookefield North"), 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 Brookefield North, 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 Brookefield North Homeowners' 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 Brookefield North Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section t. "Association" shall mean and refer to BROOKEFIELD NORTH HOMEOWNERS' 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 6. "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 BROOKEFIELD NORTH, 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 BROOKEFIELD NORTH, 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 11 of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Brookefield North as recorded ons- -t; 15n2_, 20 Lin the records of King County, State of Washington, under Recording No. 121CYIG �,�^�� —+ 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 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 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 II. 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 Deciarant'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, COVENANTS 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, QWEST, Comcast, Water District 90 and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right-of-way, the 20 foot private access, utility and storm drainage easement shown on Lots 2 and 3 and the 20 foot private access, utility and storm drainage easement shown on Lots 6 and 7, in which to install, lay, construct, renew, operate, and maintain underground distribution systems with necessary facilities, sidewalks, and other equipment for the purpose of serving this Subdivision and other property with utility services and sidewalks, together with the right to enter upon the Lots and Tracts at all times for the purposes herein stated. No lines or wires for the transmission of electric current or for telephone use, cable television, fire or police signal, or for other use shall be placed or permitted to be placed upon any Lot unless the same shall be underground or in a conduit attached to a building. Section 2. Public Storm Drainage Easement. As shown on the Plat, Lots 10 and 11 are subject to a twenty foot public storm drainage easement to the City of Renton for public storm drainage facilities. The City of Renton shall be responsible for the maintenance of the public storm drainage facilities within the easement. Owners subject to a public drainage easement shall not have the right to the following actions or activities beyond the building setback line or within the limits of the public drainage easements: (a) erect or maintain buildings, structures, obstructions or place fill (including but not limited to, fences, decks, patios, outbuildings, retaining walls and overhangs). (b) plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the drainage facilities to be placed within the easement. Page 5 (c) develop, landscape or beautify the easement area in any way which would unreasonably increase the costs to the City of Renton for restoring the easement area and any private improvements therein. (d) dig, tunnel or perform other forms of construction activities on the Lots which would disturb the compaction or unearth drainage facilities on the right-of-way or endanger the lateral support facilities. (e) blast within fifteen (15) feet of the right-of-way. (f) erect fences in such a way as to prevent access by the City of Renton's vehicles to the drainage facilities. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width. (g) grading and construction shall not be allowed within the public drainage easements shown on the Plat unless approved by the City of Renton, or its successor agency regardless of permit requirements. Section 3. Public Pedestrian Access Easements. As shown on the Plat, Lots 2, 3, 12, and 13 are subject to a five foot public pedestrian access easement to the general public for pedestrian access purposes. Lots 6, 7, 14, and 15 are subject to a five foot public pedestrian access easement to the general public for pedestrian access purposes. Section 4. Private Storm Drainage Easements. The owners of the Land hereby subdivided grant and convey to the Owner(s) of the benefited Lots as stated in the Easement Notes or any other private easement shown on the Plat, and their successors and assigns, a perpetual easement for the stated utilities and/or use. These easements and conditions shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the Owner(s) of the land burdened. The Owner(s) of the Lots benefited, and their successors and assigns, shall have the right without prior institution of any suit or proceedings of law, at such times as may be necessary, to enter upon said easement for the purpose of constructing, maintaining, repairing, altering, or reconstructing said utilities and/or user facilities or making any connections thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the benefited. The Owner(s) of the burdened Lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said utilities. However, the Owner(s) of the burdened Lot shall not erect or maintain any buildings or structures within the easement. Also, the Owner(s) of the burdened Lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities and/or uses facilities. Also, the Owner(s) of the burdened Lot shall not develop or beautify the easement areas in such a way as to cause excessive cost to the Owner(s) of the Lot benefited pursuant to its restoration duties herein. Section 5. Private Storm Drainage Access Easement. As stated on the Plat, the Owners of private property within the Plat encumbered with drainage easements shown as private, grant and convey to the City of Renton, a municipal corporation, the right, but not the obligation, to convey or store storm and surface water per the engineering plans approved for the Plat by the City of Renton, together with the right of reasonable access Page 6 (ingress and egress) to enter said drainage easement for the purpose of observing the Owners are properly operating and maintaining the drainage facilities contained therein. The Owners of said private property are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easements and are required to obtain any required permits from the City of Renton or its successor agency, Development Services Division prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as swales, channels, ditches, ponds, etc.) or performing any alterations or modifications to the drainage facilities contained within the drainage easement. This covenant runs with the land and is binding upon the Owners of said private property, their heirs, successors and assigns. As stated on the Plat, the City of Renton shall have the right to enter the private drainage easements shown on the Plat to repair any deficiencies of the drainage facilities in the event the Owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owner(s) cost. Section 6. Declaration of Impervious Area Restriction Covenant. The Lots in the Plat contain a stormwater management flow control BMP (Best Management Practice) known as Restricted Footprint", the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface allowed for each Lot may not exceed the area shown in the table on the Plat without written approval either from the City of Renton or through a future development permit from the City of Renton. Section 7. Miscellaneous Easements and Restrictions. The following restrictions and easements are shown on the Plat: (i) Lots 12 and 13 shall be developed in such a way so as to have the front yards facing each other and be accessed by way of the shared access easements on Lots 2 and 3; (ii) Lots 14 and 15 shall be developed in such a way so as to have the front yards facing each other and be accessed by way of the shared access easements on Lots 6 and 7; (iii) There shall be no direct vehicular access to Hoquiam Avenue N_ from Lots 1 and 12 which abut it; (iv) Street trees, planter strips, and landscaping within the Hoquiam Avenue N. right of way adjoining Lot 1 and Lot 12 shall be owned and maintained by the Association. Trees on individual Lots shall be maintained by the Owner of the Lot on which the tree is located; (v) The twenty foot private access, utility and storm drainage easement shown on Lot 2, 3, 12 and 13 is for the benefit of Lot 12 and Lot 13 for private access, utility, including but not limited to, sanitary sewer, water and gas, and storm drainage facilities. The Owners of said Lots 12 and 13 are responsible for the maintenance of their respective private utility and drainage facilities and shall Page 7 share equally in the maintenance responsibilities of the private access facilities used in common within said easement; (vi) The twenty foot private access, utility and storm drainage easement shown on Lot 6, 7, 14 and 15 is for the benefit of Lot 14 and Lot 15 for private access, utility, including but not limited to, sanitary sewer, water and gas, and storm drainage facilities. The Owners of said Lots 14 and 15 are responsible for the maintenance of their respective private utility and drainage facilities and shall share equally in the maintenance responsibilities of the private access facilities used in common within said easement; (vii) The ten foot private storm drainage easement shown on Lot 2 is for the benefit of Lot 1 for private storm drainage facilities. The Owners of said Lots 1 and 2 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (viii) The ten foot private storm drainage easement shown on Lots 5, 6 and 7 is for the benefit of Lots 4, 5 and 6 for private storm drainage facilities. The Owners of said Lots 4, 5 and 6 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (ix) The ten foot private storm drainage easement shown on Lot 8 is for the benefit of Lot 7 for private storm drainage facilities. The Owners of said Lots 7 and 8 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (x) The ten foot by ten foot private storm drainage easement shown on Lot 10 is for the benefit of Lot 9 for private storm drainage facilities. The Owner of said Lot 9 is responsible for the maintenance of their private drainage facilities within said easement; (xi) The twenty foot public storm drainage easement on Lot 10 and 11 reserved for and granted to the City of Renton is for public storm drainage facilities. The City of Renton is responsible for the maintenance of the public storm drainage facilities within said easement; (xii) The ten foot by ten foot private water easement on Lot 2 is for the benefit of Lot 12 for private water facilities. The Owner of Lot 12 is responsible for the maintenance of their private water facilities within said easement; (xii!) The ten foot by ten foot private water easement on Lot 3 is for the benefit of Lot 13 for private water facilities. The Owner of Lot 13 is responsible for the maintenance of their private water facilities within said easement; (xiv) The ten foot by ten foot private water easement on Lot 6 is for the benefit of Lot 14 for private water facilities. The Owner of Lot 14 is responsible for the maintenance of their private water facilities within said easement; Page 8 (xv) The ten foot by ten foot private water easement on Lot 7 is for the benefit of Lot 15 for private water facilities. The Owner of Lot 15 is responsible for the maintenance of their private water facilities within said easement; (xvi) The private water easement and private sanitary sewer easement on Lots 9 and 10 is for the benefit of Lots 10 and 11 for private water and sanitary sewer facilities. The Owners of Lots 9, 10 and 11 are responsible for the maintenance of their respective private water and sanitary sewer facilities and shall share equally in the maintenance responsibilities of the private water and sanitary sewer facilities used in common within said easement; and (xvii) The fifteen (15) foot Puget Sound Energy Company utility easements shown on Lots 3 and 13 and Lots 7 and 15 are reserved for and granted to Puget Sound Energy Company for utility facilities, including but not limited to, natural gas and electric. Puget Sound energy Company is responsible for the maintenance of their facilities within the easement. 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; (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. Page 9 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: all landscaping within Tract A except for the lawn/grass abutting the south line of Lot 11; street trees, planter strips, and landscaping along Hoquiam Avenue N.; entry signage and landscaping, if any, including water, 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. ARTICLE V TRACTS Section 1. Storm Drainage Tract. Tract A is a storm drainage tract, conveyed on the Plat to the City of Renton, or its successor agency, for ownership and maintenance. The City of Renton is responsible for the maintenance of the storm drainage facilities within Tract A. As stated on the Plat, an easement for maintenance of the landscaping with Tract A is reserved for and granted to the Owner of Lot 11 and the Association. The Owner(s) of Lot 11 are responsible for the maintenance of lawn/grass abutting the south line of Lot 11. The Association is responsible for the maintenance of all other landscaping with Tract A. 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 Page 10 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. 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 Page 11 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 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 Page 12 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 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 Mortgage. 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. Page 13 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 ($250.00) 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 Vlll 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 Brookefield North 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 Page 14 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. 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 Brookefield North 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. Page 15 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 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 officer 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) Discharqe 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) Sem. 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. Page 16 (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. (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. Page 17 (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. 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 ofthe 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. Page 18 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 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 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 Page 19 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. 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 pians 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. Page 20 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 - 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 Page 21 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. 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 Page 22 "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 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 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. Page 23 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 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 of 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 Declarant's, 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 Page 24 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. 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 24. Gardens, Play Eguipment, 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 Page 25 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 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 Runninq 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 Page 26 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. 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 8. 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. Page 27 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. 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 Page 28 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. IN WITNESS WHEREOF, the underss ned, being the Declarant herein, have hereunto set their hands) and seal{s} this /S�T day of 4u ; Zprz DECLARANT BROOKEFIELD NORTH, LLC, a Washington limited liability company By Its STATE OF WASHINGTON } COUNTY OF )ss. On this /52day of u5 7— , 20t �, before me, the undersigned, a n9ilry public in and for the State of Washington, personally appeared o �� arf�"4z'e of BROOKEFIELD NORTH, 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 above written. sik �witl+�►9py�;y, 01 CO ''ory yy I'PIC yp .a 'O 414 SHIN� OFFICIAL SEAL hereto affixed the day and year first NOTARY PUBLIC 'irf andfor the State of hington, residing at _ 4- [ (Print Name) My Commission Expires: Page 29 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL A The South 150 feet of the North 165 feet of the South Half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. EXCEPT the South 65 feet of the West 150 feet; And EXCEPT the West 30 feet thereof conveyed to King County for road by Road Deed recorded under recording No. 3263478. PARCEL B The South 65 feet of the North 165 feet of the West 150 feet of the South Half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M. EXCEPT the West 30 feet thereof conveyed to King County for 142n" Avenue Southeast by Deed recorded under recording No. 3263478. Situate in the County of King, State of Washington. Page 30 1 2 3 4i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 KECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Brookfield North } } FINAL PLAT APPROVAL Final Plat } LU A 12-048 } Summary The Applicant has applied for final plat approval for the Brookfield North subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. August 28, 2412 memo from Arneta Henninger to Hearing Examiner. 2. August 28, 2012 staff report. FINAL PLAT - 1 Findings of Fact 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 Procedural: 1. Applicant. Brookfield North, 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 an 15 lot subdivision. The Renton City Council approved the preliminary plat on June 11, 2007. The subdivision property comprises 2.2 acres. It is located at NE 11TH Court at Hoquiam Ave NE. 4. Consistent with Preliminga Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 2, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority 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 1.9 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 21 st day ofsf,'2012. Phil 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 (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7`}' floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 1 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 CITY OF RENTON SEP 2 5'201Z RECEIVED CJTY CLERK'S OFPC5 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Brookfield North } FINAL PLAT APPROVAL Final Plat } LUA12-048 ) Summary The Applicant has applied for final plat approval for the Brookfield North subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. August 28, 2012 memo from. Arneta. Henninger to Hearing Examiner. 2. August 28, 2012 staff report. FINAL PLAT - 1 Findings of Fact 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 Procedural: 1. Al2plicant. Brookfield North, 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 an 15 lot subdivision. The Renton City Council approved the preliminary plat on June 11, 2007. The subdivision property comprises 2.2 acres. It is located at NE 11TH Court at Hoquiam Ave NE. 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 2, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of HearingExaminer. 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. 1 2 3 4 5 6 7 8 9 la 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. 4 - DATED this 21 st day of2012. Phil 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 e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7b 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 PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 1, 2012 TO: Iwen Wang, Finance and IS Administrator FROM: Arneta Henninger X7298 SUBJECT: BROOKEFIELD NORTH FINAL PLAT FP 12-048 The above plat is ready for recording. Please sign the attached mylars. I put both of the sheets for your signature on top for your convenience. If you have any questions please call me. Thank you! Cc: Kayren K. 1 ATemplaws\F&I5MEM0. docicor CITY OF RENTOIN PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 30, 2012 TO: Rocale Timmons FROM: Arneta Henninger, X7298 k \� SUBJECT: BROOKEFIELD NORTH FINAL PLAT LUA 12-048FP 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: cc: Yellow File Arneta J. Henninaer From: phil olbrechts [olbrechtslaw@gmail.com] Sent: Friday, September 21, 2012 7:09 AM To: Arneta J. Henninger Subject: Final Plat Brookfield Attachments: Final Plat -- Brookfield.doc Hi Arneta, My one day hearing on Wednesday turned into a two day hearing and I'm still not back at my office. Could you email me your fax number so I can send you a faxed signed copy of the decision attached? Please ccthe fax number to kolbrechtslawPgmail.com. Also, if you can't wait for that please feel free to write in "signature approved by email" in the signature line and you should be ok to go with the attached decision. Of course, a signed hard copy is also being mailed to you as well. In future applications please identify the date of submission of the final plat for approval. Also, if any improvements are deferred past recording of final plat please identify whether any performance bond or other security will be required (including amount if you have that information). Thanks! Arneta J. Henninger From: Rocale Timmons Sent: Thursday, September 20, 2012 10:44 AM To: Arneta J. Henninger Cc: Jennifer T. Henning; Neil R. Watts Subject: RE: BROOKEFIELD NORTH FINAL PLAT LUA 12-048 Brookfield is good to go from planning's perspective. They were in for a variance that we would have had to approve prior to final plat approval but they withdrew their application as we have issued a determination. I will put the sheet on your desk today. Rocale T From: Arneta J. Henninger Sent: Thursday, September 20, 2012 10:40 AM To: Rocale Timmons Cc: Jennifer T. Henning; Neil R. Watts Subject: BROOKEFIELD NORTH FINAL PLAT LUA 12-048 Rocale, Brookefield North is close to finalizing all conditions and construction. Prior to recording, of course, the project needs to get approval from all departments and reviewers. In looking over the file I do not see any comments from Planning. Please provide a status report; I need to let the developer know as soon as possible any outstanding issues so we can keep this project on schedule to reach the goal which is getting it recorded. Thank you! Arneta X7298 DEPARTMENT OF COMMUNITYcurve AND ECONOMIC DEVELOPMENT D� M E M Q R A N D U M DATE: September 18, 2012 TO: Sandy CC: Kayren Kittrick FROM: Arneta x729$ 1�' SUBJECT: BROOKEFIELD NORTH FINAL PLAT12-048 NE 11.TH CT AT HOQUTAM AVE NE Please review if all is in order I will proceed with the recording of the final plat. Thank you! Call me if you have any questions. Arneta x7298 C �1 iamcmo.doc DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: hF *1NrrE Brookefield North, LLC Brookefield North Final Plat (Preliminary Plat LUA 07-012PP) File: LUA 12-048FP NE 11TH Court at Hoquiam Ave NE, all in Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 15 single family residential lots with sewer, storm, streets, and (WD 90) water. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Brookefield North, 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 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. 5. 6. 7. B. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at NE 11TH Court at Hoquiam Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. The subject site is a 2.2 acre parcel. The Preliminary Plat received City of Renton Council approval on June 11, 2007. The property is located within the R -S Zoning. DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Brookefield North, LLC Brookefield North Final Plat (Preliminary Plat LUA 07-012PP) File: LUA 12-048FP NE 11T" Court at Hoquiam Ave NE, all in Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 15 single family residential lots with sewer, storm, streets, and (WD 90) water. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Brookefield North, 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 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 NE 11T" Court at Hoquiam Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 2.2 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on June 11, 2007. S. The property is located within the R-8 Zoning. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review. The applicant will be required to comply with the recommendations included in the geotechnical report "Geotechnical Engineering Report, Brookfield [sic] North Preliminary Plat" by Dennis Joule, PE, dated February 1, 2005. This condition will be met by the completion of construction of the site improvements as detailed in the approved engineering pians and the development of the individual lots as approved through the building permit process. 2. The project shall comply with the 2005 King County Surface Water Design Manual for both detention and water quality facilities. The approved engineering plans for the project have been prepared according to the requirements outlined in the specified manual. 3. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP), designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume Il of the most recent Department of Ecology Stormwater Management Manual. This condition will be met by action taken by the developer. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project, prior to the recording of the final plat. This condition will be met by action taken by the developer prior to final plat approval and recording. S. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family lot, prior to the recording of the final plat. This condition will be met by action taken by the developer prior to final plat approval and recording. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per new single family lot, prior to the recording of the final plat. This condition will be met by action taken by the developer prior to final plat approval and recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. 1. The applicant shall comply with the conditions imposed by the ERC. This condition has been satisfied as outlined above. 2. Pedestrian access shall be provided to the property located north of the proposed project from the north ends of the two private streets. This condition has been met by the establishment of pedestrian access easements as granted on the final plat. 3. A detailed landscape plan shall be submitted to the Development Services Project Manager for review and approval prior to final plat recording. Landscape plans have been submitted and approved. 4. A homeowners' association shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document shall be submitted to the City of Denton Development Services Division for review and approval by the City Attorney and Property Services Section prior to recording of the final Plat. The Brookefield North Homeowners Association was established May 30, 2012. S. A site layout that has the front yards of Lots 12 and 13 facing each other and accessed from Street A, and Lots 14 and 15 facing each other and accessed from Street B, shall be a condition of approval and shall be so noted on the face of the plat. The appropriate notes/restrictions have been included on the final plat. 6. The face of the plat shall include language that prohibits direct access to Hoquiom from any of the proposed lots. The appropriate note/restriction has been included on the final plat. There were no modifications on this project. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and, therefore, should be approved by the Hearing Examiner. RECOMMENDATION: The City should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 28TH DAY OF AUGUST 2012 ARNETA HENNINGER, PLAN REVIEWER DEVELOPMENT SERVICES DIVISION D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 11059 08/17/12 LEGAL DESCRIPTION: Parcel A: The south 150 feet of the north 165 feet of the south half of the northeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the south 65 feet of the west 150 feet; And except the west 30 feet thereof conveyed to King County for road by road deed recorded under Recording No. 3263478. Parcel B: The south 65 feet of the north 165 feet of the west 150 feet of the south half of the northeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M. Except the west 30 feet thereof conveyed to King County for 142nd Avenue Southeast by deed recorded under Recording No. 3263478. Situate in the County of King, State of Washington. R: 4201110111059ti21Documents Vegols111059-Site-Legal. doc LUA-12-049-FP LND-10-0456 BROOKEFIELD NORTH A PORTION OF THE NW. 1/4 OF THE NE. 1/4 SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W_IM CITY OF RENTON, KING COUNTY, WASH'NGTON xea,rn•. sa,.Js' uK x,r]. xE, . x.., xw,u a ox. 'r�:wwirtx.�wnooZ TE i � ]e.ei ]Y - ,u,ca N881!'}8•W 8'1.34' � fi `_ vvs atr i'y g i�5' WB.,[ .sournw n , i50' Sp,er an l A.Oo' n r – �le 10 I Y rwvna� gYI ,a < t a u'a f yp I r 2 ARf SI I 61 M Sr i{ { 5 E. Oair�a c al InI Y Nalx',5•. i _ — I sI x 2 gI _ a,a,5r. E @ aw( v"a: ar" ,kraM.x R I I f _ _ I1 1. Snl.i r G9OrtnI "oR I GY�pi �0 3 e.,9 SY t ai'Y_Sazi rta ue ¢c i.�eii 'b 1s� usix�cnw�s I _7 usd xarx t-asletomo 6!1.41' m M Y17l11CT.- %r Tori „ e DECLARATION OF IMPERVIOUS AREA RESTRICTION COVENANT Si1RVFYOft'S NOTES: . srow..x,a 1x,xKf.d, rtw oex,aac [xs 1xsr ....reeir wmw.nw. sbvx w rwswr Hxs et�u [arrs•cnw rnox twn «oral wxxn,�i � �*ata:wrcrm aaam,wr rxc aaxonu n aorwcrw: ,.,e wwrr n :xomcw rn�wsw�iuvwvwr�sumxsw, atnxmta wmaa xo vixiwws sm.,z nw, rxr ee warn ro � an >a �� s t,rc srawa.raa - x. oeerM.rc t»s x.r. aa. slaaw m"`�iaia`iarczwwxcws rc n.s awewcano sae amcaxoFxr nna gMai xu n i �ia��r�aQe.ummx'"Eiw m 4,r«101i w rv,uas �xwmw�*�a rcx .w�Pie `wl°a wus .necg.c *�c °s'wvxnO1°wcoa:ry ao.tn TMw o,aa s.,ow, rn rxc x.w �wsao� e. :ixrw, ' 6 °e„ iama,'°wo%o-�¢es.w .mss `enrE"'o :xai, e. rwai w.mc'"a, ON SJMC, xwMMex[tW xr nexs RC9�+4x x,�iG E 0 Ga arolC awl �fia�"va' r 'S •OCW"Cr xnv ww.lErtr,css m �rwr x,rtxr. CRWeC 9Cuc .�Olwa S /l.Fw w m¢ aoe.,au u ngin r,a ierowrte ea ,xea .ienl�, 4 w uxafs,n pie , �' LEGEND: J. wdr[xn wax - w.xxe, swws rsxr Iz.,r,u ws,s� 1 qe .• raxoaert �w.rtxr wa.. air .,. BASIS OF BEARINGS: _ -,/z' sera me - am,= sa.xs ra, 1a,�ws aaest aoovrxot www na w a r s. wLL osrMvs wa w tm. s xwsx•w .wxuE x iu u�t ,, a O ¢� rUp' � w mmxe Fl4�rien�c sr�uo m a�aaa +rxixctiw ,xn wsrM�¢ �nw.ars x xoo o:�e.rzcai u .s M wono ziirtos`rxA°e w.mvytw xw«aaxrnnw u s.wr. o.wt an ,xc e woe i<.savc :rsr w''"`.woaaxo nx>e ue .°o°6x xwi.ci. m].i .'o-oian..rir .rrnmam r. e raa a n�n�c cM srtwm oas zna m r.tw.�crv�x >sa�ic.na� ,�a�, r . � ,a uao ' s100 ..a tcxa REFERENCES: ,x ssoo rma NwxrE start Drat, usnw, -"-`� 'xaa Fet tgvxR Pfp E.snwr 'rxaww'ae1 �" iu.w www" ,�itt�aam� n�cw wren amat, r x m a,M f53E gxvxR SwtMi SC,rfa Gaf"dt 1 xLMp R AMKr alL9UF0 unFA efewmwe MXw[a aem,iem,_ "Sf wn[r swap eta Cp✓•Mly .r.. 9K -s29 tawawERa 4rtnaT5113 ,� e,r oa e0x,er, S,aatr leeati, � '�" Oips.R , ager XMwxAAO=� WI013 devq mo D.R. STRONG ' CCYYSULANG ENGINEERS Jae rJa_ 11059 J CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 29, 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: Brookfield North Final Plat LUA (file) Number: LUA-12-048, FP Cross -References: LUA07-012 AICAs: Project Manager: Arneta Henninger Acceptance Date: July 9, 2012 Applicant: Brookfield North, LLC Owner: Same as applicant Contact: Justin Lagers, PNW Holdings, LLC PID Number: 1023059399;1023059218 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: A 15 lot single family development plat. The plat includes the installation of sanitary sewer, curb, gutter, sidewalks and street paving on the north half of the existing cul-de- sac of NE 11th Ct and on the east half of Hoquiam Ave NE. Also included is Water District 90 watermains. Location: 1154 & 1160 Hoquiam Avenue NE Comments: ., •w brnh.,.r �xi .. .-. .. .nae �, f..ew��_�tr�.wr..+ar�,-.+a�:ne�aa• .w.°w�.r�.�.b ___ _____—:»,v.�,r�rc�c..e�.:...er..,we==e.. ..,. ., .. ,. � .. .. �.. .. Check# 18037 Date: 08122/2012 Invoice# JobJDescription finalpiat Mit fees: fire/transipark Vendor#: 1320 City of Renton Balance Retain 24,612.15 Brookefield North LLC Discount This Check 24,612.15 DEPARTMENT OF COMMUNITY � �;�rof�®� AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: August 20, 2012 TO: Bob MacOnie Rocaie Timmons CC: Kayren Kittrick 1 FROM: Arneta x72981 SUBJECT: BROOKEFIELD NORTH FINAL PLAT LUA 12-048 The applicant has resubmitted the above plat drawing for review. Attached please find a print and a response letter. Bob, this is plat that I found Sonja' original review comments after you had done your review. I have the comments in my file if you need them. My records show this to be LUA 12-048 but they have labeled the drawing LUA 12-049. I would like to have your comments by Sept. 4, 2012. Thank you! Call me if you have any questions. Arneta x7298 LLA ~ 13�30 Zol iAmemo.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 30, 2012 TO: Bob MacOnie FROM: Arneta Henninger, X7298 SUBJECT: BROOKEFIELD NORTH FINAL PLAT LUA 12-048FP 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: ,.� y - _'� ��_ PC-) 1 z Name Title Date cc: Yellow File Printed: 09-04-2012 Payment Made -ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-048 09/04/2012 09:20 AM Total Payment: 24,612.15 Current Payment Made to the f=ollowing Items: Receipt Number Payee: Brookfield North #18037 Trans Account Code Description Amount ------ 3021 ------------------ 303.000000.020.345 ------------------------------ Park Mitigation Fee ----------------- 7,961.40 5045 304.000000.009.345 Fire Mitigation -SFR 7,320.00 5050 305.000000.016.344 Traffic Mitigation Fee 9,330.75 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check #18037 24,612.15 Account Balances 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 5045 304.000000.009.345 Fire Mitigation -SFR .00 5050 305-000000.016.344 Traffic Mitigation Fee .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 R1204053 5941 000.000000.007.341 Maps (Taxable) '5998"000.000000.000.231 Tax Remaining Balance Due: $0.00 00 00 Arneta J. Henninger a�+u�irrr�r�rg n� urs i � From: Rocale Timmons Sent: Monday, July 30, 2012 5:00 PM To: Arneta J. Henninger Cc: Jennifer T. Henning Subject: RE: BROOKEFIELD NORTH FINAL PLAT LUA12-048 They are in the process of applying for two variances that need to be reviewed before I can give comments. That should have been routed to you some time last week. Rocale T From: Arneta J. Henninger Sent: Monday, July 30, 2012 4:59 PM To: Rocale Timmons Cc: Jennifer T. Henning Subject: BROOKEFIELD NORTH FINAL PLAT LUA12-048 Rocale, I need your comments as soon as possible on this plat. If you have already sent them I cannot find them. Thanks! Arneta X7298 City of Renton fnterOffice Memo To: Larry Warren, City Attorney From: Arneta Henninger Date: July 30, 2012 1� Subject: Declaration of Covenants, Conditions and Restrictions BROOKEFIELD NORTH FINAL PLAT LUA 12-048FP Please review the attached Declaration as to legal form. A copy of the Hearing Examiner's report under Recommendation item 4, discusses the homeowner's association. The attached documentation discusses maintenance on page 9. This plat will ready for recording toward the end of August. If I may be of assistance in expediting this request please call me at 430-7298. CC: Kayren Kittrick Yellow File LUA 12--048FP 7 r ti, -N113 ''I "j k j�' NN own � L� f 3.Str,5b. LDN �•.7 ^` t '�� 'c�� LL� W 1 rn �� WW2 W 1 _ yr w= 3„5b,34.LON �O z www .I "JL tea- .QC"66 3„SY,44.[QN pay ..� N44'Y'i'97Yd(Ri�Y,. �Ltl� cv � o n Pcm FW- .- .#3'4-bl �..Str,9b.LQN �99mp �z ,tr9'tr5 �iJZN- cn N rL w W ff r` o co Lo 41 p 4 w N .WAS 3,S4,9h. WN I I w{ N uW] - . uwr m o y�iQwwF >�M.- oz �'] �NDi� W W n C W ty 9 \ mV« Z n �U -'m(R'N�a4OS P4T uj WO N O �. O U T Q q I(] W Z V1 N r LJ ✓1 II ¢¢wwri fzll � 3,Sb,9tr.lON � o �Q - o o Man wp _ oan w W {. n�� S �y N Z I v1 W (V n fz nr U Nz o cp ^ ry z w !!'-'-t� Z a I WAS z rn C.+ ii0 arwwi I �' Ci N LA 3,6tr,9tr.lOh' 3,S#,94.1ON `""' C3 � ii P tl- � I d a Z gV G Z Z ` M I O w N� Z m N �V1 Q W r iSY] W b O¢ S 0. W V] . maw -i-it'd � `"' n f _,QQ'os 3_Str,9tr.10N 3„Sb's'y.LON - tin w W�N_ YZ as H f Z _ zz n n ow to � l � O a, 1.0 J U � I u5 v � � S 7 0 Kayren Kittrick - Transportation Mitigation Fee.doc S# Y t MA + F77 w i 7r nspc rt4 Ation ` MfU.ga��on Fee <; �... Project Name: Project Address: Contact Person: Permit Number: Project Description: Mali" eye _ Land Use Type: Method of Calculation: ,-Residential ,011TE Trip Generation Manual, 7" Edition ❑ Retail ❑ Traffic Study ❑ Non -retail ❑ Other Calculation: (21 Transportation �r Mitigation Fee: ` C1, Calculated by:Date: Date of Payment: Page 1 D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 11059 08/17/12 MVIVII 0 091 019:�i V9161 am Parcel A: The south 150 feet of the north 165 feet of the south half of the northeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the south 65 feet of the west 150 feet; And except the west 30 feet thereof conveyed to King County for road by road deed recorded under Recording No. 3263478. Parcel B: The south 65 feet of the north 165 feet of the west 150 feet of the south half of the northeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M. Except the west 30 feet thereof conveyed to King County for 142nd Avenue Southeast by deed recorded under Recording No. 3263478. Situate in the County of King, State of Washington. R: 120111Ot1105912tDocumenfs"galsd 1059-.site-Legal.dac City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Tim COMMENTS DUE. JULY 17r 2012 APPLICATION NO: LUA12-048, FP DATE CIRCULATED: JULY 9, 2012 APPLICANT: Brookfield North, LLC PROJECT MANAGER: Arneta Henninger PROJECT TITLE: Brookfield North Final Plat PROJECT REVIEWER: RocaleTimmons SITE AREA: 2.2 acres EXISTING BLDG AREA (gross): N/A LOCATION: 605 Hoqivam Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: Brookefield North is a 15 lot single family development plat_ The plat includes the installation of sanitary sewer, curb, gutter, sidewalks and street paving on the north half of the existing cul-de-sac of NE 11th Ct and on the east half of Hoquiam Ave NE. Also included is Water District 90 watermains. 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 Light/Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet I4, 000 Feet /V0-0'(_). C. CODE -RELATED COMMENTS �,� 1C C_ F We hove reviewed this application with porticular 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_ Signature of Director or Authorized Representative `? i z b z Date Denis Law City G, . Mayor July 9, 2012 Justin Lagers PNW Holdings, LLC 9675 SE 36th Street #105 Mercer Island, WA 98040 Department of Community and Economic Development C.E."Chip"Vincent, Interim Administrator Subject: Notice of Complete Application Brookfield North Final Plat, LUA12-048, 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) 430-7298 if you have any questions. Sincerely, Arneta Henninger Project Manager cc: Brookfield North, LLC/Owner(s) Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov -- of City of Renton LAND USE PERMIT MASTER APPLICATIO PROPERTY OWNER(S) Brookefield North, LLC NAME: ADDRESS: 9675 SE 36 Street, Suite 105 CITY: Mercer Island ZIP: 98040 206-588-1147 TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON Justin Lagers NAME: PNW Holdings, LLC COMPANY (if applicable): 9675 SE 36 Street, Suite 105 ADDRESS: Mercer Island 98040 CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: 253-405-5587 Justin@pnwholdings.com r., PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Brookefield North PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 1154 & 1160 Hoquiam Avenue Northeast, 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102305-9399, -9218 EXISTING LAND USE(S): Residential Single Family PROPOSED LAND USE(S): 15 Single Family Residential Lots EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) Same EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 94,706+1- S.F. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 5,009S.F. SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,930 S.F. PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 7.62 DU I AC NUMBER OF PROPOSED LOTS (if applicable) 15 NUMBER OF NEW DWELLING UNITS (if applicable): NIA http:llrentonwa-goy/uploadedFileslBusiness/PBPWIDEVSERVIFORMS_PLANNINGIMasterapp.doc - I - PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Brookefield North PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 1154 & 1160 Hoquiam Avenue Northeast, 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102305-9399, -9218 EXISTING LAND USE(S): Residential Single Family PROPOSED LAND USE(S): 15 Single Family Residential Lots EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) Same EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 94,706+1- S.F. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 5,009S.F. SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,930 S.F. PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 7.62 DU I AC NUMBER OF PROPOSED LOTS (if applicable) 15 NUMBER OF NEW DWELLING UNITS (if applicable): NIA http:llrentonwa-goy/uploadedFileslBusiness/PBPWIDEVSERVIFORMS_PLANNINGIMasterapp.doc - I - P..JJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): NIA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA ]ON (cont„slued) PROJECT VALUE: $1,750,000.00 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): NONE ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq_ ft. ❑ GEOLOGIC HAZARD sq, ft, ❑ HABITAT CONSERVATION sq, ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal descri tion on separate sheet with the following information included SITUATE IN THE NE QUARTER OF SECTION 10, TOWNSHIP 23, RANGE 5 East, IN THE CITY OF ERENTON, 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 c;'e ration (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information h with are in all respects true and correct to the best of my knowledge and belief. S�� 2Dlz. atur of Owner/Representative Date STATE OF WASHINGTON ) Signature of Owner/Representative Date SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence at signed this instrument and acknowledge it to b his er/their free and voluntary act for the uses and purpose mentioned ir`th6 instrument. Dated= a��i&'. t; a f �y Notary Public in and for th tate ashingtan y 7 Notary (Print):R4.0 l/0�4a�1,.� My appointment expires:?' l http://rentonwa.gov/uploadedFiles/Business/PBPW/DEVSERV/FORMS_PLANNING/masterapp.doc -2- Exhibit ""A" u Real property in the County of King , State of Washington, described as follows: Parcel A: The South 150 feet of the North 165 feet of the South half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the South 65 feet of the West 154 feet; And except the West 30 feet thereof conveyed to King County for road by road deed recorded under Recording No. 3263478. Parcel 8: The South 65 feet of the North 165 feet of the West 150 feet of the South half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M. Except the West 30 feet thereof conveyed to King County for 142nd Avenue Southeast by deed recorded under Recording No. 3263478. Situate in the County of King, State of Washington. First American Title Insurance Company Q:IWEB\PWIDEVSERVAFormslPlanninglwaiverofsubmittalregs.xls 02108 } i PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS .L N :� I :...A.:.:a,.US liKl.`.tM...�"i�. OPi#`= :. .............::xtl�f .,..•..:RQUIE3VENT . . .............:.., � IMEN. ' .....:SY' : :.: ..BY ...., Calculations 1 ofirrecl=IVlaplsr-;7ipl Construction Mitigation Description 2AND 4 o. .-.:...�..........:...:.... y:...cf.ctaa.....:......::............::::..:.:.:.:..::...,.,.......::...:........... 1-7 Density Worksheet 4 Drainage Report 2 I^€�v�t�ons :Arct�rfectura�3 nr�4. Environmental Checklist 4 Existing Easements (Recorded Copy) 4 Floor Plans 3AND4 7777777777 Grading Plan, Conceptual 2 Gr:dln :Ptai-:Detailed a: Habitat Data Report 4 m...Prave0eii'[3e errat Irrigation Plan 4 %2 Alc�e-1 tle I EfFg: i]f11 .SflC:S: izo�]:;�Ihdlog-ti., Landscape Plan, Conceptual 'ne... s.. .. P... r...etai e41.4.........: Legal Description 4' Llstfrutti rigoger#3r Qrr :.:.:.:.:.:.:::..:.:..:.:::..........:: Mailing Labels for Property Owners 4 77777777777777 Master Application Form 4 7�77 77 M�riuine€�tCards Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section PROJECT NAME:�d�I�L/� 2. Public Works Plan Review Section 3. Building Section DATE: �Jr 4. Planning Section Q:IWEB\PWIDEVSERVAFormslPlanninglwaiverofsubmittalregs.xls 02108 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: /� 9. Property Services Section PROJECT NAME: bVj-1 1� MKI—i` 2. Public Works Plan Review Section 3. Building Section DATE: 4. Planning Section QAWE6\PWIDEVSERVlFormsTlanninglwaiverofsubmittalregsxls 02108 f "as D. R. STRONG CONSULTING ENGINEERS June 14, 2012 City of Renton Planning Division 1455 South Grady Way Renton WA 98057 Re: Brookefield North Final Plat To Final Plat Reviewer: Project No- 11059 "q G S .,'uti 2 f 71.fz7 The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions; 1. The applicant shall comply with the conditions imposed by the ERC. This condition has been satisfied as outlined below. Following are the ERC Mittigion Measures: 1. The applicant will be required to comply with the recommendations included in the geotechnical report "Geotechnical Engineering Report, Brookfield [sic] North Preliminary Plat" by Dennis Joule, PE, dated February 1, 2005. This condition will be met by the completion of construction of the site improvements as detailed in the approved engineering plans and the development of the individual lots as approved through the building permit process. 2. This project shall be subject to the 2005 King County Surface Water Design Manual for both detention and wafer quality facilities. The approved engineering plans for the project have been prepared according to the requirements outlined in the specified manual. 3. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume Il of the most resent Department of Ecology Stormwater Management Manual. The approved engineering plans for the project include the required Temporary Erosion and Sedimentation Control Plan which have been prepared according to the requirements outlined in the specified manual. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. This condition will be met by action taken by the developer prior to final plat approval and recording. 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of 10604 N. E. 36'x' Place Suite 232 $488.00 per new single family lot prior to the recording of the final plat. Kirkland, VVA98033-3063 Phone: (425) 827-3063 Fax: (425) 827-2423 TO Free: (804) 962-1402 www. drstrong,com Engineers Surveyors I Landscape Architects City of Renton March 28, 2012 Page 2 of 2 This condition will be met by action taken by the developer prior to final plat approval and recording. 6_ The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per new single family lot prior to the recording of the final plat_ This condition will be met by action taken by the developer prior to final plat approval and recording. Hearing Examiner's Conditions continued; 2. Pedestrian access shall be provided to the property located north of the proposed project from the north ends of the two private streets. This condition has been met by the establishment of pedestrian access easements as granted on the final plat. 3. A detailed landscape plan shall be submitted to the Development Services Project Manager for review and approval prior to final plat recording_ Landscape plans have been submitted and approved_ 4. A homeowners' association shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services Section prior to recording of the final plat. The Brookefield North Homeowners Association was established May, 30, 2012. A copy of the CC&Rs has been included with the final plat submittal package 5. A site layout that has the front yards of Lots 12 and 13 facing each other and accessed from Street A and Lots 14 and 15 facing each other and accessed from Street B shall be a condition of approval and shall be so noted on the face of the plat. The appropriate. notes/restrictions have been included on the final plat. 6. The face of the plat shall include language that prohibits direct access to Hoquiam from any of the proposed lots. The appropriate note/restriction has been included on the final plat. I trust this will satisfy the City's Final Plat submittal requirement Sincere ours, ` D. R. ONG �'nsulting Engineers Inc. Stephen J. chrei, PLS Survey Department Manager SJS R:12011101110590Documentffinal Plat AppU20328 Renton-COA.Doc Anierican Classic Homes Mail - RE: Final Flat Question RE: Final Plat Question 1 message Rocale Timmons< RTimmons@rentonwa.gov> To: Justin Lagers <Justin@pnwholdings.com> A -)�D cry en Page 1 of 2 Justin Lagers< justin@americanclassichomes.com> 5i4,.�L Tue, May 1, 20-12,,atlj-p, M :57pn JfjfU s' a I think we should be fine ... if I need anything I'll let you know. Rocale T. From: justin@americanclassichomes.com [mailto:justin@americanclassichomes.com] On Behalf Of Justin Lagers Sent: Tuesday, May 01, 2012 8:43 AM To: Rocale Timmons Subject: RE: Final Plat Question Sorry, brookefield north. Nothing changed. On May 1, 2012 8:17 AM, "Rocale Timmons" <RTimmons@rentonwa.gov> wrote: You have to remind which project Justin? For the most part I don't need it if not much has changed. Rocale T. From: justin@americanclassichomes.com [mailto:justin@americanclassichomes.com] On Behalf Of Justin Lagers Sent: Monday, April 30, 2012 9.42 AM To: Rocale Timmons Subject: Final Plat Question Rocale, on the Final Plat checklist it mentions having to potentially submit an updated Environmental Checklist for projects which obtained approval more than 2 years prior to recording. Arnetta said to chat with you about this. What shall we do? Justin Lagers PNW Holdings, LLC haps:/hnail.google.com/mail/?ui=2&ik=702cat7l c2&view=pt&cat=Brookefield&search=... 5/23/2012 American Classic Homes Mail - RC: Final fiat Question Director of Land Acquisition & Development 9675 SE 363th St Suite 105 Mercer Island. ""A 98040 Of`ice: 246-588-1147 Cell: 253-405-3587 Justin wpnwhDidings.com Page 2 of 2 https://mail.google .corn/wail/?ui=2&ik=702cat71 c2&view=pt&cat=Brookefie1d&search—... 5/23/2012 Steve Schrei From: Arneta J. Henninger [Ahenninger@Rentonwa.gov] Sent: Wednesday, June 13, 2012 11:21 AM To: Steve Schrei Subject: PUBLIC WORKS Steve, Brookfield North. You may use this email to meet the public works approval requirement for submitting for Final Plat. Arneta Henninger o City of Renton 425-430-7298 DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98457 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1.. 94,706 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: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: 5,009 square feet 3930 square feet NA square feet 2. 8,939 square feet 3. 85,767 square feet 4. 1.9689 acres 5. 15 units/lots 6. 7.62 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. A,1201110111059121DocumantslFinal Plat Appldensity[21.doc - 1 - 03108 fVjV',0 S-rVATES op T AT Tbe tate of Secretary of J� State 1, SAM REED, Secretary of State of the State of Washington and custodian of its hereby issue this ' �Z 7 1. CERTIFICATE OF INCORPORATION to BROOKEFIELD NORTH HOMEOWNERS' ASSOCIATION a/an WA Non -Profit Corporation" Charter documents are effective on the date indicated below, W -n -a -m -Man, 0 -Moro .000al Ul d 0 w 6110ss MHUR: V4�t 9el-i 18 S 9 '!�O Mae e N:ffi.=A &Room MaMMO woonea . o Date: 5/30/2012 UBI Number: 603-211-015 Given under my hand and the Sea] of the State of Washington at Olympia, the State Capital Sam Reed. Secretary of State BROOKEFIELD NORTH FINAL PLAT MAP CHECKS DRS PROJECT NO. 11059 PREPARED BY SJS 3123112 D.R. STRONG CONSULTING ENGINEERS 10604 NE 38TH PLACE, SUITE 101 BELLEVUE, WA. 98022 LOT SUB -1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 1.0050 6978.463 5005.151 S 88012'17" E 661.21 10051 6957.749 5666.031 S 88°12'17" E 661.21 10052 6937.034 6326.912 S 88012117" E 1322.41 10053 6895.605 7648.673 S 00002'42" W 1316.11 10054 5579.496 7647.639 S 00002'42" W 1316.11 10055 4263.386 7646.605 N 88°20'03" W 1324.70 10056 4301.898 6322.470 N 88020'03" W 1324.70 10057 4340.410 4998.334 N 00°08'53" E 1319.03 10058 5659.436 5001.742 N 00008'53" E 659.52 10059 6318.950 5003.447 N 00008'53" E 659.52 10050 6978.463 5005.151 Closure Error Distance> 0.0025 Error Bearing> S 24042113" W Closure Precision> 1 in 41.77230.9 Total Distance> 10564.49 LOT AREA: 6972654 SQ FT OR 1.60.1. ACRES Page 18 of 32 LOT SUB -2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10050 6978.463 5005.151 S 88012117" E 661.21 10051 6957.749 5666.031 S 00007'20" W 329.58 10060 6628.174 5665.328 S 00007'20" W 329.58 10061 6298.600 5664.624 N 88014'14" W 661.49 10059 6318.950 5003.447 N 00008'53" E 659.52 10050 6978.463 5005.151 Closure Error Distance> 0.0096 Error Bearing> N 43031'35" W Closure Precision> 1 in 274861.0 Total Distance> 2641.36 LOT AREA: 435869 SQ FT OR 10.0 ACRES Page 19 of 32 LOT SUB -3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10051 6957.749 5666.031 S 88012117" E 661.21 10052 6937.034 6326.912 S 00005148" W 329.39 10062 6607.642 6326.356 N 88013'15" W 661.35 10060 6628.174 5665.328 N 00007120" E 329.58 10051 6957.749 5666.031 Closure Error Distance> 0.0084 Error Bearing> S 10056'38" W Closure Precision> 1 in 236415.5 Total Distance> 1981.52 LOT AREA: 217786 SQ FT OR 5.0 ACRES Page 20 of 32 LOT SUB -4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10062 6607.642 6326.356 S 00005'48' W 329.39 10063 6278.250 6325.801 N 88014114" W 661.49 10061 6298.600 5664.624 N 00007'20" E 329.58 10060 6628.174 5665.328 S 88013'15" E 661.35 10062 6607.642 6326.356 Closure Error Distance> 0.0052 Error Bearing> S 17019`43" W Closure Precision> 1 in 382711.7 Total Distance> 1981.81 LOT AREA: 217835 SQ FT OR 5.0 ACRES Page 21 of 32 LOT SUB -5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10063 6278.250 6325.801 S 00005'48" W 658.79 10064 5619.466 6324.691 N 8801.6110" W 661.78 10065 5639.451 5663.217 N 00007120" E 659.1.5 10061 6298.600 5664.624 S 88014'14" E 661.49 10063 6278.250 6325.801 Closure Error Distance> 0.0075 Error Bearing> N 61°06118" E Closure Precision> 1 in 350351.8 'total Distance> 2641.20 LOT AREA: 43581.7 SQ FT OR 10.0 ACRES Page 22 of 32 Lot'Repo_rt Thu Mar 22 12:32:25 Lot File: R:\2011\0\11059\2\Carlson\MAP CHECKS.lot CRD File: R:\2011\0\11059\2\Carlson\11059.crd LOT SUB --6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10064 5619.466 6324.691 S 00005148" W 1317.57 10056 4301.898 6322.470 N 88020103" W 1324.70 10057 4340.410 4998.334 N 00008'53" E 1319.03 10058 5659.436 5001.742 S 8801.6110" E 661.78 10065 5639.451 5663.217 S 88°16110" E 661.78 10064 5619.466 6324.691 Closure Error Distance> 0.0042 Error Bearing> N 23°35'42" W Closure Precision> 1 in 1259159.9 Total Distance> 5284.85 LOT AREA: 1744933 SQ FT OR 40.1 ACRES Page 1 of 2 LOT SUB-7 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Easting 10054 5579.496 7647.639 S 00002142" W 1316.11 10055 4263.386 7646.605 N 88020103" W 1324.70 10056 4301.898 6322.470 N 00005'48" E 131.7.57 10064 5619.466 6324.691 S 88016110" E 1323.55 10054 5579.496 7647.639 Closure Error Distance> 0.0052 Error Bearing> N 61°22'10" E Closure Precision> 1 in 1018485.2 Total Distance> 5281.93 LOT AREA: 1742955 SQ FT OR 40.0 ACRES BLOCK 1 TOTAL AREA: 11952253 SQ FT OR 274.4 ACRES Page 24 of 32 LOT BOUNDARY OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 1001.7 6612.236 5695.294 S 88013115" E 631.34 10006 6592.636 6326.331 S 00005`48" W 150.06 10000 6442.571 6326.078 N 88013'15" W 631.41 10049 6462.174 5694.973 N 00007120" E 150.06 10017 6612.236 5695.294 Closure Error Distance> 0.0037 Error Bearing> S 56001'28" E Closure Precision> 1 in 426991.6 Total Distance> 1.562.88 LOT AREA: 94706 SQ FT OR 2.2 ACRES Page 17 of 32 Lot Report Fri Max 23 09:28:30 Lot File: R:\2011\0\11059\2\Car1son\MAP CHECKS.Iot CRD File: R:\2011\0\11059\2\Carlson\11059.crd LOT RW --DED OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10049 6462.174 5694.973 N 00007'20" E 27.02 10010 6489.199 5695.031 Radius: 26.00 Length: 40.09 Chord: 36.23 Delta: 88°20'35" Chord BRG: S 44°02'57" E Rad -In: S 89°52140" E Rad -Out: N 01°46'45" E Radius Pt; 10009 6489.143,5721.031 Tangent: 25.26 Dir; Left Tangent -In: S 00°07'20" W Tangent -Out: S 88013'15" E Non Tangential -In Tangential -Out 10008 6463.156 5720.224 10033 6450.013 6143.332 Radius: 19.50 Length: 12.03 Chord: 11.84 Delta: 35021122" Chord BRG: N 74006104" E Rad -In: N 01046'45" E Rad -put: N 33034137" W Radius Pt: 10032 6469.504,6143.938 Tangent: 6.22 Dir: Left Tangent -In: S 88°13'15" E Tangent -Out: N 56°25123" E Tangential -In Tangential --Out 10031 6453.258 6154.722 Radius: 19.50 Length: 12.58 Chord: 12.36 Delta: 36057132" Chord BRG: N 37056137" E Rad --In: N 33034'37" W Rad -Out; N 70032'09" W Radius Pt: 10032 6469.504,6143.938 Tangent: 6.52 Dir: Left Tangent -In: N 56°25123" E Tangent -Out: N 19027'51." E Tangential -In Tangential -Out 10035 6463.006 6162.323 Radius: 50.50 Length: 58.32 Chord: 55.13 Delta: 66010'02" Chord BRG: N 52°32152" E Rad --In: S 70°32'09" E Rad -Out: S 04°22107" E Radius Pt: 10002 6446.179,6209.937 Tangent: 32.90 Dir: Right Tangent -In: N 19°27'51" E Tangent -Out: N 85037153" E Tangential -In Tangential -Out 10034 6496.532 6206.091 Radius: 50.50 Length: 38.46 Chord: 37.53 Delta: 43037156" Chord BRG: S 72033'09" E Rad --In: S 04°22107" E Rad -Out: S 39015149" W Radius Pt: 10002 6446.179,6209.937 Tangent: 20.22 Dir: Right Tangent -In: N 85°37153" E Tangent -Out: S 50°44'11" E Tangential -In Tangential -Out 10038 6485.278 6241.898 Page 1 of 2 S 88013'15" E 34.60 10007 6462.081 5754.804 S 88013'15" E 62.50 10013 6460.141 5817.273 S 88013'15" E 62.50 10015 6458.201 5879.743 S 88013'15" E 50.00 10021 6456.648 5929.719 S 88013'15" E 50.00 10022 6455.096 5979.695 S 88013'15" E 62.50 10026 6453.156 6042.165 S 88013'15" E 62.50 1.0027 6451.215 6104.635 S 88013'15" E 38.72 10033 6450.013 6143.332 Radius: 19.50 Length: 12.03 Chord: 11.84 Delta: 35021122" Chord BRG: N 74006104" E Rad -In: N 01046'45" E Rad -put: N 33034137" W Radius Pt: 10032 6469.504,6143.938 Tangent: 6.22 Dir: Left Tangent -In: S 88°13'15" E Tangent -Out: N 56°25123" E Tangential -In Tangential --Out 10031 6453.258 6154.722 Radius: 19.50 Length: 12.58 Chord: 12.36 Delta: 36057132" Chord BRG: N 37056137" E Rad --In: N 33034'37" W Rad -Out; N 70032'09" W Radius Pt: 10032 6469.504,6143.938 Tangent: 6.52 Dir: Left Tangent -In: N 56°25123" E Tangent -Out: N 19027'51." E Tangential -In Tangential -Out 10035 6463.006 6162.323 Radius: 50.50 Length: 58.32 Chord: 55.13 Delta: 66010'02" Chord BRG: N 52°32152" E Rad --In: S 70°32'09" E Rad -Out: S 04°22107" E Radius Pt: 10002 6446.179,6209.937 Tangent: 32.90 Dir: Right Tangent -In: N 19°27'51" E Tangent -Out: N 85037153" E Tangential -In Tangential -Out 10034 6496.532 6206.091 Radius: 50.50 Length: 38.46 Chord: 37.53 Delta: 43037156" Chord BRG: S 72033'09" E Rad --In: S 04°22107" E Rad -Out: S 39015149" W Radius Pt: 10002 6446.179,6209.937 Tangent: 20.22 Dir: Right Tangent -In: N 85°37153" E Tangent -Out: S 50°44'11" E Tangential -In Tangential -Out 10038 6485.278 6241.898 Page 1 of 2 Radius: 50.50 Lenc : 20.13 Chord: 20.00 Delta: 22°50133" Chord BRG: S 39018'54" E Rad -In; S 39°25149" W Rad -Out: S 62°06122" W Radius Pt: 10002 6446.179,6209.937 Tangent: 10.20 Dir: Right Tangent -In: S 50°44'11" E Tangent -Out: S 27053138" E Tangential -In Tangential -Out 1.0003 6469.805 6254.570 Radius: 50.50 Length: 26.15 Chord: 25.86 Delta: 29040123" Chord BRG: S 13003'27" E Rad -In: S 62006'22" W Rad -Out: N 88013115" W Radius Pt: 10002 6446.179,6209.937 Tangent: 13.38 Dir: Right Tangent -In: S 27°53'38" E Tangent -Out: S 01°46145" W Tangential_ -In Non Tangential -Out 10001 6444.611 6260.413 N 88013115" W 50.50 10002 N 88013'15" W 515.21 6446.179 6209.937 10049 6462.174 5694.973 Closure Error Distance> 0.0041 Error Bearing> N 67037'37" E Closure Precision> 1 in 299946.1 Total Distance> 1.223.81 LOT.AREA: 5009 SQ FT OR 0.1 ACRES BLOCK 1 TOTAL AREA: 5009 SQ FT OR 0.1 ACRES Wage 2 of 2 Lot Report Fri Mar 23 09:29:41 Lot File: R:\2011\0\11059\2\Carlson\MAP CHECKS.lot CRD File: R:\2011\0\11059\2\Carlson\11059.crd LOT 1 OF BLOCK 1, TYPE: LOT PNT## Bearing Distance Northing Easting 10007 6462.081 5754.804 N 88013'15" W 34.60 10008 6463.156 5720.224 Radius: 26.00 Length: 40.09 Chord: 36.23 Delta: 88020135" Chord BRG: N 44002'57" W Rad -In: N 01046145" E Rad -Out: S 89°52'40" E Radius Pt: 10009 6489.143,5721.031 Tangent: 25.26 Dir: Right Tangent -In: N 88013'15" W Tangent -Out: N 00°07'20" E Tangential --In Tangential -Out 10010 6489.199 5695.031 N 00007120" E 73.02 10011 6562.216 5695.187 S 88013'15" E 62.70 10012 6560.269 5757.853 S 01046'45" W 98.24 10007 6462.081 5754.804 Closure Error Distance> 0.0057 Error Bearing> N.24°01'49" W Closure Precision> 1 in 54614.4 Total Distance> 308.63 LOT AREA: 5884 SQ FT -OR 0.1 ACRES Page 1 of 2 LOT 2 OF BLOCK 1, 'HYPE: LOT PNT# Bearing Distance Northing Easting 10013 6460.141 5817.273 N 88013'15" W 62.50 10007 6462.081 5754.804 N 01046'45" E 96.24 10012 6560.269 5757.853 S 88013'15" E 62.50 10014 6558.329 5820.323 S 01046'45" W 98.24 10013 6460.141 5817.273 Closure Error Distance> 0.0000 Total Distance> 321.47 LOT AREA: 6140 SQ FT OR 0.1 ACRES Page 2 of 32 LOT 3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing East7ng 10015 6458.201 5879.743 N 8801311511 W 62.50 10013 6460.141 5817.273 N 01046145" E 98.24 10014 6558.329 5820.323 S 88013'15" E 62.50 10016 6556.388 5882.793 S 01046'45" W 98.24 10015 6458.201 5879.743 Closure Error Distance> 0.0000 Total Distance> 321.47 LOT AREA: 6140 SQ FT OR 0.1 ACRES Page 3 of 32 LOT 4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 1.0021 6456.648 5929.719 N 88013'15" W 50.00 10015 6458.201 5879.743 N 01046145" E 98.24 10016 6556.388 5882.793 S 88013'15" E 50.00 10019 6554.836 5932.769 S 01046'45" W 98.24 10021 6456.648 5929.719 Closure Error Distance> 0.0000 Total Distance> 296.47 LOT AREA: 491.2 SQ FT OR 0.1 ACRES Page 4 of 32 LOT 5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10022 6455.096 5979.695 N 88013115" W 50.00 10021 6456.648 5929.719 N 01046'45" E 98.24 10019 6554.836 5932.769 S 88013'15" E 50.00 10023 6553.284 5982.745 S 01046145" W 98.24 10022 6455.096 5979.695 Closure Error Distance> 0.0000 Total Distance> 296.47 LOT AREA: 4912 SQ FT OR 0.1 ACRES Page 5 of 32 LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10026 6453.156 6042.165 N 88013115" W 62.50 10022 6455.096 5979.695 N 01046'45" E 98.24 10023 6553.284 5982.745 S 88013'.15" E 62.50 10024 6551.343 6045.215 S 01046'45" W 98.24 1.0026 6453.156 6042.165 Closure Error Distance> 0.0000 Total Distance> 321.47 LOT AREA: 6140 SQ FT OR 0.1 ACRES Page 6 of 32 LOT 7 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10027 6451.215 6104.635 N 88013'15" W 62.50 10026 6453.156 6042.165 N 01046'45" E 98.24 10024 6551.343 6045.215 S 88013'15" E 62.50 10028 6549.403 6107.685 S 01046145" W 98.24 10027 6451.215 6104.635 Closure Error Distance> 0.0000 Total Distance> 321.47 LOT AREA: 6140 SQ FT OR 0.1 ACRES Page 7 of 32 LOT 8 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Easting 10031 6453.258 6154.722 Radius: 19.50 Length: 12.03 Chord: 11.84 Delta: 35°21'22" Chord BRG: S 74006104" W Rad -In: N 33034'37" W Rad -Out: N 01°46'45" E Radius Pt: 10032 6469.504,61.43.938 Tangent: 6.22 Dir: Right Tangent -In: S 56025'23" W Tangent -Out: N 8801.3'15" W Non Tangential --In Tangential -Out 10033 6450.013 6143.332 N 88013115" W 38.72 10027 6451.215 6104.635 N 01046145" E 98.24 10028 6549.403 6107.685 5 88013'15" E 50.00 1.0029 6547.851 6157.661 S 01046145" W 94.64 1.0031 6453.258 6154.722 Closure Error Distance> 0.0047 Error Bearing> S 09014'30" E Closure Precision> I in 63080.3 Total Distance> 293.62 LOT AREA: 4899 SQ FT OR 0.1 ACRES Page 8 of 32 LOT 9 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10034 6496.532 6206.091 Radius: 50.50 Length: 58.32 Chord: 55.13 Delta: 66°10'02" Chord BRG: S 52032'52" W Rad -In: S 04°22'07" E Rad -Out: S 70°32'09" E Radius Pt: 10002 6446.179,6209.937 Tangent: 32.90 Dir: Left Tangent -in: S 85°37'53" W Tangent -Out: S 19027'51" W Non Tangential -In Tangential -Out 10035 6463.006 6162.323 Radius: 19.50 Length: 12.58 Chord: 12.36 Delta: 36°57'32" Chord BRG: S 37056'37" W Rad -In: N 70°32109" W Rad -Out: N 331,34'37" W Radius Pt: 10032 6469.504,6143.938 Tangent: 6.52 Dir: Right Tangent -In: S 19027'51" W Tangent -Out: S 56025'23" W Tangential -In Non Tangential -Out 10031 6453.258 6154.722 N 01°46'45" E 144.64 10030 6597.827 6159.213 S 88013'15" E 50.00 10036 6596.274 6209.189 S 01046'45" W 99.79 10034 6496.532 6206.091 Closure Error Distance> 0.0051 Error Bearing> S 34012110" W Closure Precision> 1 in 72269.3 Total Distance> 365.33 LOT AREA: 5727 SQ FT OR 0.1 ACRES Page 9 of 32 LOT 10 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10037 6500.184 6256.228 S 43052114" W 20.68 10038 6485.278 6241.898 Radius: 50.50 Length: 38.46 Chord: 37.53 Delta: 43037156" Chord BRG: N 72033'09" W Rad -In: S 39015'49" W Rad -Out: S 04022107" E Radius Pt: 10002 6446.179,6209.937 Tangent: 20.22 Dir: Left Tangent -In: N 50044'11" W Tangent -Out: S 85037153" W Non Tangential -In Non Tangential -Out 10034 6496.532 6206.091 N 01046145" E 99.79 10036 6596.274 6209.189 S 88013115" E 50.00 10039 6594.722 6259.165 S 01046145" W 94.58 10037 6500.184 6256.228 Closure Error Distance> 0.0025 Error Bearing> N 77010132" W Closure Precision> 1 in 121330.9 Total Distance> 303.51 LOT AREA: 5116 SQ FT OR 0.1 ACRES Page 10 of 32 LOT 11 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10004 6468.044 6311.257 N 88013'15" W 56.71 10003 6469.805 6254.570 Radius: 50.50 Length: 20.13 Chord: 20.00 Delta: 22050'33" Chord BRG: N 39018'54" W Rad -In: S 62°06'22" W Rad -Out: S 39°15'49" W Radius Pt: 10002 6446.179,6209.937 Tangent: 10.20 Dir: Left Tangent -In: N 27053'38" W Tangent -Out: N 50°44111" W Non Tangential -In Non Tangential -Out 10038 6485.278 6241.898 N 43052114" E 20.68 10037 6500.184 6256.228 N 01046145" E 94.58 10039 6594.722 6259.165 S 88013115" E 56.00 10005 6592.984 6315.138 S 01046'45" W 125.00 10004 6468.044 6311.257 Closure Error Distance> 0.0063 Error Bearing> N 76043136" W Closure Precision> 1 in 59491.8 Total Distance> 373.11 LOT AREA: 7203 SQ FT OR 0.2 ACRES Page 11 of 32 LOT 12 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10014 6558.329 5820.323 N 8801311311 W 125.20 10011 6562.216 5695.187 N 00007'20" E 50.02 10017 6612.236 5695.294 S 88013'15" E 126.64 10018 6608.305 5621.875 S 01046'45" W 50.00 10014 6558.329 5820.323 Closure Error Distance> 0.0064 Error Bearing> N 83033137" E Closure Preci.sion> 1 in 54984.3 Total Distance> 351.86 LOT AREA: 6296 SQ FT OR 0.1 ACRES Page 12 of 32 LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10019 6554.836 5932.769 N 88013'15" W 112.50 10014 6558.329 5820.323 N 01046145" E 50.00 10018 6608.305 5821.875 S 88013'15" E 112.50 10020 6604.812 5934.321 S 01046'45" W 50.00 10019 6554.836 5932.769 Closure Error Distance> 0.0000 Total Distance> 325.00 LOT AREA: 5625 SQ ET OR 0.1 ACRES Page 13 of 32 LOT 14 OF BLOCK 1, TYPE: LOT PNTI# Bearing Distance Northing Easting 10024 6551.343 6045.215 N 88613115" W 112.50 10019 6554.836 5932.769 N 01046'45" E 50.00 10020 6604.812 5934.321 S 88013'15" E 112.50 10025 6601.319 6046.767 S 01046'45" W 50.00 10024 6551.343 6045.215 Closure Error Distance> 0.0000 Total Distance> 325.00 LOT AREA: 5625 SQ FT OR 0.1 ACRES Page 14 of 32 LOT 15 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting- 10029 6547.851 6157.661 N 88013115" W 112.50 10024 6551.343 6045.215 N 01046145" E 50.00 10025 6601.319 6046.767 S 88013115" E 112.50 10030 6597.827 6159.213 S 01046'45" W 50.00 10029 6547.851 6157.661 Closure Error Distance> 0.0000 Total Distance> 325.00 LOT AREA: 5625 SQ FT OR 0.1 ACRES Page 15 of 32 LOT .TRACT A OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10000 6442.571 6326.078 N 88013'15" W 65.70 10001 6444.611 6260.413 Radius: 50.50 Length: 26.15 Chord: 25.86 Delta: 29°40123" Chord BRG: N 13003127" W Rad -In: N 88013115" W Rad -Out: S 62°06'22" W Radius Pt: 10002 6446.179,6209.937 Tangent: 13.38 Dir: Left Tangent -In: N 01°46'45" E Tangent. -Out: N 27°53'38" W Non Tangential -In Non Tangential -Out 10003 6469.805 6254.570 S 88°13'15" E 56.71 10004 6468.044 6311.257 N 01046'45" E 125.00 10005 6592.984 6315.138 S 88°13'15" E 11.20 10006 6592.636 6326.331 S 00005'48" W 150.06 10000 6442.571 6326.078 Closure Error Distance> 0.0064 Error Bearing> S 65°12'48" E Closure Precision> I in 67576.4 Total Distance> 434.83 LOT AREA: 3316 SQ FT OR 0.1 ACRES Page 16 of 32 Form No. 14 Subdivision Guarantee Guarantee No.: NCS-504952-WAL GUARANTEE Issued by First American Title Insurance Company 818 Stewart Street, Suite 800, Seattle., WA 98101 Title Officer.- Victoria L. Coats Phone: (206)728-0400 FAX: (206)448-6348 First American Title Insurance Company Form No. 14 Guarantee No.: NCS-504952-WAi Subdivision Guarantee (4-10-75) Page No.: 1 4 firstAmerican Title Insurance Company National Commereial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Victoria L. Coats (206)615-3126 vcoats@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 3000.00 ORDER NO.: NCS-504952-WAi FEE $ 500.00 TAX $ 47.50 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 Brookefield North, 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 closing any transaction affecting title to said property. Dated: May 17, 2012 at 7:30 A.M. FirstAmencan TINe Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Brookefield North, LLC, a Washington limited liability company Guarantee No.: NCS-544952-WAl 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 portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington, 4. Documents pertaining to mineral estates. DESCRIPTION: The land referred to in this report is described in Exhibit "A" attached hereto. APN: 102305-9399-06 APN: 102305-9218-05 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2012. Tax Account No.: 102305-9399-06 Amount Billed: $ 3,254.25 Amount Paid: $ 1,627.13 Amount Due: $ 1,627.12 Assessed Land Value: $ 227,000.00 Assessed Improvement Value: $ 16,000.00 (Affects Parcel A) 2. General Taxes for the year 2012. Tax Account No.: 102305-9218-05 Amount Billed: $ 2,456.09 Amount Paid: $ 1,228.05 Amount Due: $ 1,228.04 Assessed Land Value: $ 98,000.00 Assessed Improvement Value: $ 85,000.00 (Affects Parcel B) Guarantee No.: NCS-504952-WAl Page No.: 3 3. Right to make necessary slopes for cuts or fills upon said premises for Amelia Schewe Road as granted by deed recorded September 9, 1942 under recording no. Recording No. 3263478. 4. Conditions and Restrictions contained in Ordinance No. 4025, a copy of which was Recorded December 3, 1986 as Recording No. 8612031455. 5. Conditions and Restrictions contained in Ordinance No, 4215, a copy of which was Recorded May 4, 1989 as Recording No. 8905040205. 6. The terms and provisions contained in the document entitled "Easement for Storm Water Line" recorded March 13, 2006 as Recording No. 20060313001960 of Official Records, 7. The terms and provisions contained in the document entitled "Easement for Storm Water Line" recorded March 13, 2006 as Recording No. 20060313002001 of Official Records. 8. Easement, including terms and provisions contained therein: Recording Information: Recording No. 20120412000484 In Favor of: Puget Sound Energy, Inc. For: transmission and distribution of gas and electricity First American Title Insurance Company Form No. 14 Guarantee No.: NCS-504952-WAl Subdivision Guarantee (4-10-75) Page No.: 4 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific 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 or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. befinition of Terms. The following terns 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 shali 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 title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be 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 Cempary 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 appeaf from an adverse judgment or order, (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. 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 to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All informaWn 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. 1292 (Rev. 12115195) First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shay 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 fuel 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 transrer 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, attomeys' 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. 8, Limitation of Liabifity. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: NCS-504952-WAl Page No.: 5 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, ail 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 sha€l transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be Subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any 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 Rules in effect at pate of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof_ The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (h) 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 he 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. 12115(95) First American Title Insurance Company Exhibit ""A" " Real property in the County of King , State of Washington, described as follows: Parcel A: The South 150 feet of the North 165 feet of the South half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the South 65 feet of the West 150 feet; And except the West 30 feet thereof conveyed to King County for road by road deed recorded under Recording No. 3263478. Parcel B: The South 65 feet of the North 165 feet of the West 150 feet of the South half of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M. Except the West 30 feet thereof conveyed to King County for 142nd Avenue Southeast by deed recorded under Recording No. 3263478. Situate in the County of King, State of Washington. FirstAmerican Tlfle Insurance Company U) in Rr cy 4 Nt +ri cD TA3 11 Q1eD 11 PO. 4025- M MRD 119l,'` ]C Mf HBliTM, WASHINGTON, =ABUSE A F9 ASSESSflEPT DISMCP FOR SAMITARY REM SEMCB IN Tus SOMYCMK 'IWTSRCSPTOR SEMCE AREA M SSTAHLISRiM THE ANOM OF "M CH,U= UPON CONwiTION TO ?SE FACILITIES. THE CITY COUNCIL OF THE CITY OF REN7W, WMINGTON, DO MAIN AS FOL14NS: SBCTIOR I: There is hereby created a sanitary serer service special assessment district for the 1loneycreek Interceptor area in the nertheast quadrant of the City of Renton which area is more particalariy described as follows: See Rrhiflit 'A' attached hereto and made a part hereof as if fully set forth herein. A asap of the project area is attached as Exhibit IN' arta Ma cle a part hereof as if fully set forth.) SECTION IIe Persons connecting to the sanitary sewer facilities in this Special Assessment District which 2roperti4t!s have not been charged or assessed with the cost of the sanitary sewer main, shall pay in addition to the payment of the com*ction permit fee and in a-adition to the general facility and trunk connection charge, the following additional fees: A. Area Char ems (See Eddbit 'A' amd 'i') Residence dwelling units, apartments or equivalents: - $250.00 per dwelling unit Commercial Development: - 5t per square foot of gross site area B. Front Footage r6arges:(Sae Editft % mad '11'1 There is hereby created a s,bdistrict within the Soneyareek Interceptor Special Assessment District consisting of properties fronting on Interceptor Sewer: FM10 M11 MUMN -1 MMLMLIL IMAM CUMMM LlyiaMA" Mma-M E. i(r_or !k#atem OV d /1111114 umunt% wataft kilt" cod ewed ewcl as! Saeid aJ -2- 0jWT ro ICC 110. 4025 The properties to be assessed for front footage are sore particularly described in Exhibit "C' attached hereto and rade a pent hereof as if fully set forth. The fromt footage charge shall be $37.19 per frontage foot, representing $74.38 per center line foot divided equally for property fronting on each Site of the center line foot. U2 SECTION II1. ibis ordiTe� is effective upon its passage. approval and thirty (30) days after publication. c] LAY p^SS= Sy THE CITY-COUNCIL this I7th day of November, 1986. H W OD !loam- E. MDtOr, ty Cleri- AppraM sY TPM MAYOR this IM day of Movesber, 1986. Barbara Y-'5h134XJCh# Mayor Approved as to form. AMWWAfPq%V Lawrence J. Maven, City Attorney Date of Publication: Havc0ber 21, 1966 -2- E[III�II @Am _ AWA C M UM ouranuuoc8 ro. A parcel of land situated in Sections 2, 3, 4. 9. 10 and 11 of Township 23 North and Sections 33 and 34 of Township 24 Ncrth. all in Range 5 East, V.M., more Particularly described as follows: B£6IhNING at a point on the North! mein of N.E. 27th St., also known as S.E. 97th St. in said Section 4, distant 3®6.4 feet east of the Nest fine of said Section 4; thence North parallel to said west line and its extension into said Section 33 to the Thread of May Creek; thence Easterly along the Thread of May Creek through said Sections 33, 34 and 3 to the Vest margin of 148th Ave. S.E.; thence South along said Vest margin to the North line of State Sign Route BGC, also know; as S.E. Renton Issaquah Road; theme Easterly along said road td the intersection of the East line of the Nest quarter of said Section 2; thence by South-alahy said East line through Section 2 ..wa said Sectio, hl to the South to line of the !forth half of said Section 11; thence rest along Sail South line it c�'3 along sangh d 5outhion lline o1 to f the Northh haCenter of lf! theion LastOgvggin df 238th Ave S:.E . 173 also known as Duvall Ave. N.E.; thence Northerly along said East r rgin to the N North line of the South quarter of the North half of said Sectio:* 10; thence qHwrest slag said North line to the East margin of 132nd Ave. S.E.. also known as Q0 union Ave. ff.E.; thence north along said East margin to the ce'kter lin- of S.E. 115th St., also known as N.E. 10th St. and the Easterly extee;fon or the south lice of the Plat of BM.twood. Division 2, as recorded in Vrlume 72, page 46, records of Xing County. Ma.; thence Nest along said South i+ee to the Southeast corner of Lot 16. Bhmck 6 of said plat; thence Northerly along the East lines of Cots I6 through I1 inclusive to the South margin of N.E. 11th St.; thence Northwesterly to the Southeast corner of Lot 1p in Block 3 of'said plat; thence Northerly along the East lines of lot 10 -through 1 inclusive and its extension to the North margin of N.E. 12th St., thence Vest along said North margin to the Southeast corner of the Plat of 30010rc as recorded in volun.e S9, page 69. records of said county; thence North along the East line thereof to the North- east corner of said plat; thence Nest along tix !forth line thereof 157, J1 feet to the Southeast corner of Queen Ave. right-of-way as described in Volume 3738 of Deeds on page 76. rscords of said county; thence continue hest aloft§ said North line of said plat 170.0 feet; tkence North parallel with the centerline of said Queen Ave- and its extension to the htorth margin of State sign Route 900. also town as N.E. Sunset Blvd.; thence liesterly along said North margin to the Pest line of the East 46!.62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence Nor.a along said Vest line to the South line of the Plat Of Nosey Creek Park as recorded in Volume Sg of Plats On page 57, records of said county; thence fast along the Soutar line thereof to the SOUtheast corner cf Lot 9, in Block 2 of said plat; thence !forth and nest along the East and North lines of tot 9 to the right -6f -way line of N.E. 17th P1.; thence Northeast and Northwest along the Southeast and Northeast margin of said N.E. 17th Pl_ to the Southeasterly earner of Lot 11, in Block 1 of said plat; tbMt Northeasterly along the Southeasterly line thereof to the Northeast corner of said Lot .I; thence Northwesterly along the Northeaste 'y lines of Lots 11 through 7 inclu- sive to the North Ifue of said plat; thence Nest along the North lime thereof to the Northwest corner of said plat; thence South along the Nest line thereof to 0M Southeast corner of the Northeast 1/4 of the Southwest. 1/4 of said Section 4; thence Nest along the South line of said Northeast 1/4 of the Southnest 1/4. a distance of 320.12 feet; thence North 1307.0 feet to the North line of said Southwest 1/4 distant 322.20 feet Vest of the Northeast corner thereof; theme Vest along the South line of the Southeast 1/4 of the Northwest 1/4 to the Southwest corner thereof; thence North along the Mest line of said subdivision ED the Northeast corner of the Plat of Aloha Rami$ leo. 2 as recorded in valid* BT, page 3. records o: said county; thence West along the North line thereof to the Northeast corner of the plat of 117ohsa Ranch as recorded in Volume 77, page 7. fecor;s of sale county; thence Nest along She north lice thereof to the Santhtrly esteasfon of the fast line of the Plat of Sandee Tema as recorded in volume 67, page 2, records of said county; theme forth 010" said Surtberly exte-isfon to the Southeast cornier of said plat; thence-mtiaue North ale_19 the East line of said plat and the Nur•C..herly extension of $afd East lime to the Scarth margin of S.E. 97th St., also k"Omd as hh.E. 27th St.; tbesce Northeasterly ED a Point on the north margin of said street distant 386.4 feet East of the West Tine of said Section 4 and POINT OF BEGINNIM6 of this descriptian. 0-2850/➢[ E I( N 111 I T 0SDS1U=11D. 4035 — AL■CKKE! �5i �aS a IOiTT J. mottgn uveae c i4•J ■ i-7ia _ r.s. --�._ ■ 1092 —_ �i n� M1 . i • .i, �""Y, • _ < y � rr�tiat s r1EMiFr °�`su_ c► Wu 4 e� ti cl e■i S 1� t ` 1 S of lac �'+SEaTE! - 1 WD R C4, 4 at �.r.■� 4 Alt It■ e� .r gay I "� r�+ �y�. 3 773Y = �s�� � i :g 41 �ya4 FJJE x ` I max•. L 1, M QED � �i R �nt CCe1161• %` �i■II _ a -1 SAM 1 1■■rt µ YOitA � COT TOL X0065 J ID Y yyyyy �` r■ epi' U L SrIFr:Lr — rl AM ClQJii r0.ita5 ��������. f•• 4 I _=EMIR - l� AIT■I •I WMDAW : IST -7 k _"fir ` '':'.' -�,�i••^� ;�` n. � si=b! Ez�ri�T —swab" — . F " ' - BNDMAM 20 4025 " - ; • .. FJ�f Jh91orE EINM1iS R parcel of land situated in Section 4. Torashtp 23 North. Range 5 East, M.M., more particularly described as follows: BMIN1WINN; at a point on the East margin of 120th P1. S.E. at the intersection of the Westerly extension of the South line of the Plait of Paradise Estates as recorded in Volume 45 of Plats an Page 93. records of King County. Washington; #*am East along said Westerly extension and the South line thereof to a point 555.64 feet Most of the East line of the Norgrrest quarter of said Section 4; thence South parallel to said East line 342.7 feet; theuwx East parallel to the South line of the Plat of Paradise Estates No. 2 as recorded in Volume 302 of Plats on Page 31. retards of said Coeniy to the East line of said Northwest quarter; thence South aloog said East line to the neater of said section; thence East along the North lime of the Northwest quarter of the Northwest of 4' quarter the; Sowthust quarter of said section to the Northeast corner of said sub - V4 division; thaw:e South along the East line of said subdivision to the Southeast � corner thereof; tirWrce East along the Morth line of the Southeast quarter of the Ql Northwest quarter of the Southeast quarter of said section to the Northeast -1 corner of said subdivision; thence South along the East line of said subdivision to t`:e Southeast corner thereof; thence East along the North line of the South- east quarter of the Southeast quarter of said section to the East line of the last 319.57 feet of said subdivision; thence South along said East iioe to the Borth margin of State Sign itoute 900, also bwmm as N.E. Sunset Blvd.; thence Westerly along said North margin to the West line of said subdivision; thence tantiAuing Wasterly along said North margin to the West lune of the East 484.62 feet of the Sautkrest 1/4 of the Southeast 1/4 of said section 4; thence North atomg said Best line to the South line of the Plat of Hones Creek Park as retarded in Volume 54 of Plats on Page 57. records of said county; thenar East along the South line thereof to the Southeast corner of Lot 9. in Block 2 of said plat; thence North and West along the fast and North lines of lot 9 to the right -of -xray line of N -i:. 17th P1.; thence Northeast and Norttwest along the Southeast and Northeast margin of said N.E. 17th Pl. to the Southeasterly corner Of lot 11. in Block 1 of said plat; thence Nortbeasterly along the Southeasterly line thereof to the Northeast corner of said lot 11; thence Northwesterly along the Northeasterly lines of tots 11 through 7 inclusive to the forth line of said Plat; thence West al" the North line thereof to the Northwest Corner of said Plat; thence South along the West line thereof to the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of said Section 4; thence West along the South line of said Northeast 1/4 of the Southwest V4. a distance of 320.12 feet; thence North I307.0 feet to the North line Cf said Southwest V4 distance 322.20 feet Nest of the Northeast corner thereof; thence hest along the South line of the East half of the Northwest quarter of ;aid section to the southwest corner thereof; thence North along the West Ting of said East half to the South margin of S.E. 37th St., also brown as N.E. 27th St.; thence Southeasterly along said margin to the intersection of the thread of Nosey Creek, said intersection also being a port: an the 50utheasterly margin of 120th P1. S.E.; thence can - timing Easterly and Northerly along the Easterly margin of said 120th Pl. S.E. to the intersection of the Westerly extension of the South line of said Plat of Paradise Estates Aad POINT OF BEGINNING of this description. i4-B66IO E i m i s Y r to OIDI &WC MO• 4W3 EXMISIT OW "M FOOMK OVAU SEC.-41TWP. 2-3 N.,R 5 E -.AA/ M. - .. / CF"W IRY J .. - LT ,6. n CERTWA ftp, TErsorar of tM BLED FOR RECORD AF RENST OF afiR+etoe� , tMt1e Is due-- -- -- — CO�NCtCOpjlOf __4rdlnsBce Ho. 4215_ RDnNMIXCiPALBLU 200 MILL AVE So. Sleec�dald oaf Ma 19 89 &AMdtf119&055 Bozos a t� RECD F 11.00 I CRSHSL j CITY OF I2 NTON, WASHINGTON 55 ORDINANCE 00. 4215 i AN ORDINANCE OF TON CITY OV RENTON, WASHINGTON ANN37ING li? CERTAIN TERRITORY OF TAS CITY OF RM TON (FETTXRLY AiNEXATION - FILE A-005-88). d VUEREA6, under the provisions of RCGP 35A.14.120 as amended, a 0 petition in writing requesting that certain territory Contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the city clerk on or about May i 4, 1988; and WHEREAS, prior to the filing and circulation of said petition for annexatioa to the City of Renton, the petitioninq owners notified the city council of their intention to commence such Proceedings as provided bylaw, and as afore particularly specified in RCW 35.13.125, and upon public hearing thereon, it having been determined and the petitioning owners having agrees'- to assume the Pre-existing bonded indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the city's comprehensive plan as it pertains to the territory including the applicable zoning crde relating thereto; and XMIK S, the Planning Division has examined and verified the I signatures on the petition for annexation and determined the &guessed valuation of all the properties, the same being in excess of seventy-five percent (755) of the area to be annexed, in value, as provided by law, and the petition also setting forth the legal description of the property according to government legal subdivision or plat, and the Planning Division of the City of Rentoa ORDINANCE NO. 4215 having considered and recommended the annexing of said property to the City of Renton: and VBSRM, the city Council fixed October 17, 1988, at 7:30 p.m. as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by last; and MAEHlkS, pursuant to said notice a public hearing has been held at the time and place specified in the notice, and the council having considered all matters in connection with the petition and Ofurther determined that all legal requirements and procedures of the k law applicable to the petition method for annexation as specified in RC* 35.13.130 et seq. have been complied with; and ldMOUIiS, a "Notice of Intention" having been filed with the King County Boundary Review Board as required by law, and the Boundary Review Hoard having waived its jurisdiction as per its letter dated March 22, 1989, NOM, TMMMFM, THE CITY COUNCIL OF THE CITY OF PENTON, WASHINGTON, DO L'RDAIN AS FOLLOWS: UWTM 1: The findings, recitals, and determinations a -re i hereby found to be true ind correct in all respects; all kf i ! requirements of the law in regard to the annexation by petition I , method, including the provisions of RCW 35.13.125, 130, 140, 150 and Chapter 189, Session Laws of 1967, have been complied with. It is further determined that the petition for annexation to the City of E Renton of the property and territory described below is hereby ! approved and granted; the following described property being. 2 3 ORDIMANCE NO. 4215 contiguous to the city limits of the City of Renton is hereby annexed to t!e City o= Renton, and such annexation to be effective on and after the approval, passage, and publication of this Ordinance; aid on and after said date the property shall constitute a part of tbt City of Renton and shall be subject to all its lays and ordinances then and thereafter in force and effect; the property .;Z being describ:d as follows: �' 1 4 C� See Exhbit 'A• attached hereto and made a part hereof as Qif fully set forth herein (said property, approximately 5.51 acres, is located south ; of the existing Renton corporate lizi.ts in the vicinity of S.F.. 116th Street and 142nd Avenue S.E.) Qj and the OVILers-petitioners of the property shall assume the pre- existing bonded indebtedness of the City of Renton as prescribed in RCW 35.13.126 as it pertains to the property, and the property to be subject to the city's comprehensive plan and zoning code. Sj9zI4M II: This Ordinance shall be effective upon its passage, approval, and th3.rty days after its publication. s } A certified copy of this Ordinance shall be filed with the King County Counci., State of Washington, and as otherwise provided by 8=1411 ]II: The annexed property, contiguous to Precinct No. i if the City of Renton, shall be and constitute a part of the Precinct 'Vo. 41-7 of said city. P i 3 I DRDINANCE NO. 4215 I PASSED SY THE CITY COUNCIL this St day of May , 2989. M*Xinc E. Motor, City Clerk E APPROVED 9Y THE MAYOR this 1st day of _ - -- may , 4 I s 444SSS y Approved as to form: GJ Lavrence J. WaArbn, City Attorney 3 i Date of Pablication: MAY 5, 2989 ! i Ord.86-3/28J89-as. - - 1 i s t ORDXNANCE NO. 4215 Exhibit "A" That portion of section 10, Township 27 North, Range 5 East, W.M., Xing County, Washington, acre particularly described as follews; iBeginning'at the intersection of the Northerly Right - of -Way Line of S.E. 116th Street said Right -of -Way being 60 j� feet in width, 30 feet each side of centerline, with the Westerly Right -of -Ray Line of 142nd Ave. S.E., said Right - i of -Ray being 60 feet in width, 30 feet each side of centerline; j 0 Thence Northerly along said Westerly Rigbt-of-Way Line, i Q said line also being the existing limits of the City of 3 !}� Renton, as annexed under Ordinance, No. 2945, to an intersection with the Horth Line of said Section IG,- 0;Thence ThenceEast along said North line to an intersection M with the Northerly extension of the Easterly Right -of -Way Line of said 142nd Ave. S.E., a distance of 60 feet more or i less; Thence Southerly along said Northerly extension and said Easterly Right -of -Way Line to an intersection with the South Right -of -Way Line of S.E. 118th St. produced Easterly, said Right -of -Way being 60 feet in width, 30 feet each side of centerline; Thence Horth 88'18.03• West along said Easterly Production and said South Right -of -Way Line to a point of curvature concave to the Southeast, said curve having it radius of 20 feet and a center that bears South 01'41'57" West; Thence Southerly along said curve an arc length distant of 31.56 feet to a point of tangency ou the Fast F.igllt-of-Way Line of 1419t Avenue S.E., said Right -of -fray being 60 feet, 30 feet each side of centerline; Thence Horth 00.0811011 East along said East Right -of - I Way Line and its Northerly production to an intersection Page l of 3 r ORDINANCE NO. 4215 Ekhihit "A" (Continued) 3 with the North Boundary line of the Plat of LeshFG Church Park as recorded in volume 77 of Plats, Page 37, Records of King County, Washington a distance of '380.19 feet.- eet;Thence ThenceNorth 58.17"04" West along said North boundary line and its Westerly production to an intersection with the West Right-of-Way Line of 140th Avenue S.E., said Right-ef- Way being 60 feet in width, 30 feet each side of centerline; Thence Northerly along said West Rigbt-of-Way Line to a point of curvature, said curve being concave to the i Southwest with a radius Of 25 feet and a center which bears Cfi�s north 89'51103m West; Thence Northwesterly along said curve an arc length distance of 39.68 feet to a point of tangency on the South Right-of-Way Line of S.E. 116th St., said Right-of-Way be-,ng 60 feet in width, 30 feet each side of centerline; Thence North 88129135" West along said South Right-of- Way Line a distance of 97.11 feet; i Thence North 00'49'33" West a distance of 30.02 feet; Thence North 88'29*33' West along the South Right-of- Way Line of said S.E. 116th St., said Right-of-Hay now being 30 feet in width, a distance of 271.15 feet; Thence South 00'49133' East a distance of 3o.02 feet; Thence North 88.29136" hest along the South Right-of- Way Line of said B.E. 116th St., said R194t•-of-Way now being 60 feet 'in width, 30 feet each side of centerline, a distance of 165.49 feet to a point of curvature, said curve: being concave to the Southeast, having a radius of 25 feet and a center which bears South 01'30124" gest; Thence Southerly along said curve an arc length distance of 39,93 feet to a point of tangency on the East Right-of-Nay Tine of 138th Ave. S.E. (Duvall Ave. N.E.), said Right-of-Ray being 84 feet in width, 42 feet each side i of centerline; Page 2 of 3 ORDINANCE NO. 4215 Exhibit "A" ( Continued) Thence Nowh along said East Right -of -Way Line and its Northerly production to an intersection with the Northerly Right -of -Way Line of S.E. ]16th St., said line also being the existing limits of the City of Renton as annexed under Ordinance No. 2945; Thence Bast along said Northerly Rigbt-of-Nay Line and said existing City of Renton LinitS to an intersection with the Westerly Right -of --Way Line of 242nd Ave, S.E. and the Point of Beginning, a distance of 2245.78 feet more or less. I a fi f First American Title O C...-..-. ..1:... 4n 4 n``n Relum Address: Johns Monroe Mitsunaga PLLC Attn: Michael Monroe 1500 1 I40' Avenue S.E,, Ste. 102 Bellevue, WA 98004 20060313001960 JOHNS MONROE M EAS 36.00 PAGE001 OF 005 KING COUNTY, WA E2192069 03/13/20QgS 15:20 KING COUN7Y, UA SALE $ 00.00 AUDITOWRFCORDER'S INDEXING FORME 20060313001960.:.:. PAGE901 OF 001 Document Title(s): Easement for Storm Water Line Reference Number(s) of Documents assigned or released: Grantor(s): 1. Sound Built Homes, Inc.; Additional names on page - of document Grantee(s): 1. Cambridge Investments LLC Additional names on page of document. Legal Descriptlon: pm of Lot 16 Broolcefield 1I, according to plat recorded in Vol. 224, pgs. 80-83, records of (abbreviated) King County. X� Additional legal is on pages 1, 2 & 6 of document. Assessor's Propert�-P-"��Nllb�ll�11374�10160 EASEMENT FOR STORM WATER LINE, THIS EASEMIJNT FOR STORM WATER LINE is granted this �� day of b rQar 2z()6 2995, by and between Sound Built Homes, Inc. a Washington corporation. C rantoo and Cambridge Investments LLC ("Grantee"). REPRESENTATIONS A. Grantor Sound Built Homes, Inc, is the owner of the following real property located in Page I of 5 First American Title 2006031300' gsri King County, Washington, the legal description of which is: Lot 16, Brookefield II, according to the plat thereof recorded in Volume 224 of Plats, Pages 80 through 83,. records of King County, Washington; All of which Lot 16 is situate in the County of King, State of Washington. (Hereafter collectively referred to as "Grantor's Parcel"). B. Grantee is in the process of purchasing or intends to purchase the following real property located in King County, Washington, the legal description of which is: -See Exhibit A, attached and incorporated herein. (Hereafter referred to as "Grantee's Future Parcels' C. Grantee desires to use a portion of Grantor's Parcel for purposes of locating a permanent, non-exclusive casement for the installation and operation of a storm water line to benefit Grantee's Future Parcel, or any portion thereof; and the parties have agreed upon the consideration owed to Grantor for granting such easement rights. NOW, THEREFORE, for and in consideration of $10.00 and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee an easement for purposes of a storm water line over, through, across, under and upon the following described property: 1. Grant of Easement. An easement is hereby granted and conveyed to Grantee for purposes of a storm water line over, through, across, under and upon Grantors' property legally described as: THE NORTH 15 FEET TOGETHER WITH THE WEST 10 FEET OF LOT 16, WITHIN THE PLAT OF 13ROOKEFIELD II, KING COUNTY RECORDING NO, 20041105000381, VOLUME 224 OF PLATS, PAGES 80 THROUGH 83, RECORDS OF KING COUNTY, WASHINGTON. (Hereafter referred to as the "Easement Area"). 2. Use of Easement Area. This Easement shall be a non-exclusive casement for the use and benefit of Grantee's Future Parcels, or any portion thereof, for purposes of the construction, ' reconstruction, alteration, operation, repair and maintenance of an underground storm water line and related appurtenances. However; Grantor makes no representation as to the usefulness of said easement area as it relates to Grantee's intended use. It is solely the Page 2 of 5 First American Title 20060313001 AM responsibility of the Grantee to obtain the necessary governmental approvals for use of said easement in accordance with Grantee's intentions. Grantee's construction, reconstruction, alteration, operation, repair and maintenance of said storm water line and related appurtenances shall be undertaken in a manner so as to not damage or substantially interfere with any other existing utilities which may be Iocated within the Easement Area. The owner(s) of Grantor's Parcel may use the Easement Area for such other uses and improvements so long as such uses or improvements do not substantially interfere with Grantee's purposes described herein. After the construction of the storm water line and related appurtenances is completed and operational, any subsequent work by Grantee requiring entry shall be reasonably accomplished in a manner such that any landscaping within the Easement Area shall not be disturbed or damaged or, in the event it is disturbed or damaged, it shall be restored or replaced so as to be in as good a condition as it was in immediately before the Easement Area was entered upon by the Grantee. 3. Condition for Exercising Easement Rights. Grantee's rights and obligations to use the Easement Area for 'the purposes described in Section 2 shall be conditioned upon Grantee becoming the owner of one or both of Grantee's Future Parcels within three (3) years of the date of -executing this Easement. The right to use the Easement Area shall apply only to the parcel(s) identified as Grantee's Future Parcels to which the aforementioned ownership timely occurs. 4. Duration Successors and Assigns. In the event the condition, set forth in Section 3 is timely satisfied, then the easement and covenants contained herein shall be perpetual in duration, All terms and conditions provided herein shall run with the land and shall inure to the benefit of, and be binding upon, the successors, assigns, personal representatives or heirs of the parties herein. S. Indemnity. Grantee shall indemnify, defend, and bold Grantor harmless from and against any and all claims, actions, liability and expense occasioned wholly or in park, directly or indirectly, by any act or omission. of Grantee relating to Grantee's use of the Easement Area. 11 IN WITNESS WHEREOF, the Grantor and Grantee have caused this Easement to be executed on the date indicated above. GRANTOR: SOUND BUILT HOMES, INC. B: Name: t Title:}— GRANTEE: CAMBRIDGE INVESTMENTS LLC 13'- y - Name: - h,¢c- cuf F�+-c1 Title: Page 3 of 5 First American Title 20060313001960. -- STATE OF WASHINGTON) ) ss. COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that GCME� 1• rwiccc— is the person who appeared before me, a Notary Public in and for the Mate of Washington duly commissioned and sworn, and acknowledged that he is the of Sound Built Homes, Inc., the corporation that executed the forgoing instrument, and acknowledged said instr anent to be the free and voluntary act for said corporation, for the uses and purposes therein mentioned and on oath stated that he/she was authorized to execute said instrument. DATED: 1 velar u �+� 7-60a Notary Public State of Wasbingtoa ZONA DEE MtLLARD MY cof misSION EXPIRES SEPTEMBER 09, 2009 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ffil r a nc,!fie m i IIant Name) Notary Public Residing at i My appointment expires: cil 206 I certify that I know or have satisfactory evidence that�.ar� is the person who appeared before me, a Notary Public in and for the State of 7ashington duly commissioned and sworn, and acknowledged that he is the of Cambridge Investments LLC, the company that executed the forgoing instrument, nd acicnoWledged said instrument to be the free and voluntary act for said company, for the uses and purposes therein mentioned and on oath stated that he/she was authorized to execute said instrument. DATED: o VEIJA M. STROMBERG ST#.rp OF WASHINGTON O7ARY • -- POOLIC.. li. Meosr`usssa ExFER ax+08fii, ,;"grk M 5'-f-#11AM9f6 (PrintN e) Notary Public Residing at My appointment expires:,r Page 4 of 5 First American Title 20060313007 EXHIBIT A (GRANTEE'S FUTURE PARCELS) 1. TFIE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 150 FEET OF THE SOUTH V2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE WEST 30 FEET THEREOF CONVE'Y'ED TO KING COUNTY FOR - 42ND AVENUE S.E. BY DEEDRE CORDED M .KING - COUNTY RECORDING NO. 3263478; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 2. 11236 —142" AVE. S.E., RENTON, WA 98059. THE SOUTH 150 FEET OF THE NORTH 165 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., INKING COUNTY, WASHINGTON; EXCEPT THE SOUTH 65 FEET OF THE WEST 150 FEET THEREOF; AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER DING COUNTY RECORDING NO. 3263478; SITUATE IN THE COUIVTfOF KING, STATE OF WASHINGTON. Page of* t:K First American Title Return Address: Johns Monroe Mitsunaga PLLC Attn.: Michael Monroe 1500 1144 Avenue S.E., Ste. 102 Bellevue, WA 98004 20060313002001 JOHM MONME M WAS 36.00 PAGE001 OF 005 KING3000NTY, UR E2192074 03/33/2006 15:23 KING COUNTY, MA SALLE 15. J0 .00 AUDITORIRECORDER'S INDEXING FORM 20060313002001.LZ PAGE001 OF 001 Document Title(s): Easement for Storm Water Line Reference Number(s) of Documents assigned or released: Grantor(s). 1. Brookelield H Home Ovmers Association DAdditional names on page of document. Grantee(s): 1. Cambridge Investments LLC [� Additional name& on page of document_ Legal Description: ptn of Tract C. Brookcfield II, according to plat recorded in Vol. 224, pgs. 80-83, rebords of (abbreviated) ging County, _ ❑ Additional legal is on pages 2 & 6 of document. Assessor's Property Tax Parcel/Account Number: 1137410190 EASEMENT FOR STORM WATER LINE TFUS EASEMENT FOR STORM WATER LINE is granted this b day of !iue- by and between Brookefield H Home Owners Association, A Washington nonprofit corporation ("Grantor) and Cambridge Investments LLC, a Washington corporation ("Grantee'�. REPRESENTATIONS A. Grantor is the owner of the following real property located in King County, ORIGINAL Page ,o,: First American Title 20060313002001 Washington, the legal description of which is: Tract C, Brookcfield II, according to the plat thereof recorded in Volume 224 of Plats, Pages 80 through 83, records of King County, Washington; All of which Tract C is situate in the County of King, State of Washington. (Hereafter referred to as "Grantor's Parcel') B. Grantee is in the process of purchasing or intends to purchase the following areal property located in King County, Washington, the legal description of which is: See Exhibit A, attached and incorporated herein. (Hereafter referred to as "Grantee's Future Parcels'). C. Grantee desires to use a portion of Grantor's Parcel for purposes of locating a permanent, non-exclusive easement for the installation and operation of a storm water fine to benefit Grantee's Future parcel, or any portion thereof; and the parties have agreed upon the consideration owed to Grantor for granting such easement rights. NOW, THEREFORE, for and in consideration of $10.00 and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee an easement for purposes of a storm water line over, through, across, under and upon the following described property: 1, Grant of Easement. An easement is hereby granted and conveyed to Grantee for purposes of a storm water line over, through, across, under and upon Grantors' property legally described as: THE NORTH 15 FEET OF TRACT C, WITHIN THE PLAT OF BROOKBFiELD Il, KING COUNTY RECORDING NO, 200411050003 8 1, VOLUME 224 OF PLATS, PAGES $0 THROUGH 83, RECORDS OF KING COUNTY, WASHINGTON. (Hereafter referred to as the "Easement Ara). 2. Use of Easement Area, This Easement shall be a non-exclusive easement for the use and benefit of Grantee's Future Parcels, or any portion thereof, for purposes of the construction, reconstruction, alteration, operation, repair and maintenance of an underground storm water line and related appurtenances. However, Grantor makes no representation as to the usefulness of said easement area as it relates to Grantee's intended use. It is solely the Page 2 of 5 First American Title 20060313002007. responsibility of the Grantee to obtain the necessary governmental approvals for use of said easement in accordance with Grantee's intentions. Grantee's construction, reconstruction, alteration, operation, repair and maintenance of said storm water line and related appurtenances shall be undertaken in a manner so as to not damage or substantially interfere with any other existing utilities which may be located within the Easement Area. The owner(s) of Grantor's Parcel may use the Easement Area for such other uses and improvements so Iong as such uses or improvements do not substantially interfere with Grantee's purposes described herein. After the construction of the storm water line and related appurk=aces is completed and operational, any subsequent work by Grantee requiring entry shall be reasonably accomplished in a manner such that any landscaping within the Easement Area shall not be disturbed or damaged or, in the event it is disturbed or damaged, it shall be restored or replaced so as to be in as good a condition as it was in immediately before the Easement Area was entered upon by the Grantee. 3. Condition for Exercising Easement Rights. Grantee's rights and obligations to use the Easement Area for the purposes described in Section 2 shall be conditioned upon Grantee becoming the owner of one or both of Grantee's Future Parcels within three (3) years of the date of executing this Easement, The right to use the Easement Area shall apply only to the parcels) identified as Grantee's Future Parcels to which the aforementioned ownership timely occurs. 4. Duration. Successors and Assigns. In the event the condition set forth in Section 3 is timely satisfied, then the easement and covenants contained herein shall be perpetual in duration. All terms and conditions provided herein shall ran with the land and shall inure to the benefit of, and be binding upon, the successors, assigns, personal representatives or heirs of the parties herein. 5. Indemnitv. Grantee shall indemnify, defend, and hold Grantor harmless from and against any and all claims, actions, liability and expense occasioned wholly or in part, directly or indirectly, by any act or omission of Grantee relating to Grantee's use of the Easement Area. rr IN WITNESS WHEREOF, the Grantor and Grantee have caused this Easement to be executed on the date indicated above. GRANTOR: BROOKEFIELD 11 HOME OWNERS ASSOCIATION By: Name:��G� Title: P+ as ecn 4 GRANTEE: CAMBRIDGE INVESTMENTS LLC By: Name: L • �/ Title: - , tArGVC-94166w- .Page 3 of S First American Title 20060313002001.---- STATE 0080313002001.--w STATE OF WASHINGTON) ) ss. COUNTY OF PIBRCE } I certify that I know or have satisfactory evidence that Cas , is the person: who appeared before me, a Notary Public in and for the State of Washington duIy commissioned and sworn, and acknowledged that he is the pr r }- of Brookefield II Home Owners Association, the nonprofit corporation that executed the forgoing instrument, and acknowledged said instrument to be the free and voluntary act for said corporation, for the uses and purposes therein mentioned and on oath stated that he/she was authorized to execute said instrument. 0, ) f tit: �1 r NoPubiic State of Washington ZONA DEE MILLARD MY CQMMISSi EXPIRES SEPTEMBER 09, 2009 STATB OF WASH NGTON ) ) ss. COUNTY OF KING ) 11 {Print Name) *NotPubliLc Residing at ,pr1i My appointment expires: CI I certify that I know or have satisfactory evidence that L- PAle-rl yt is the person who appeared before me, a Notary Public in and for the State of Washington duly commissioned and sworn, and acknowledged that he is the l2a ntlNVM6rof Cambridge Investrnents LLC, the company that executed the forgoing instrument, and acknowledged said instrument to be the free and voluntary act for said company, for the uses and purposes therein mentioned and on oath stated that he/she was authorized to execute said instrument. DATED: tib g • • 1 Apt r� - C!� [u -lo (Print Name) s °�tr�a _" _ 09-0-",�� Notary Publi Residing a ��c My appointment expires: Page 4 of 5 First American Title 20060393002004.=' EXHIBIT A (GRANTEE'S FUTURE PARCELS) THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 150 FEET OF THE SOUTH '1z OF THE NORTHEAST '/d OF THE NORTHWEST'/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 142" AVENUE S.E. BY DEED RECORDED INKING COUNTY RECORDING NO. 3263478; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 2. 11236-142 ND AVE. S,E., RENTON, WA 98059. THE SOUTH 150 FEET OF THE NORTH 165 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 65 FEET OF THE WEST 150 FEET THEREOF; AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 3263478; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON Page g afi PErURN ADDRESS: Pudet Sourrd.Einergy, Inc. Atf6itlo-1.46W EJ:epartment xvr Pb 13'. 970341 Est 06W Bell' 980"-9942 (Zath Wrgm4n) �ORIC MAL Z" REFERENCE* GRANTOR: Brookfield Ntot . t . ln;, LLC GRANTEE: PA5GETSOIJAID t'NERGY, I INC SHORT LEGAL: S'/# of Nli"% of N E Y. of 10-23-05 ASSESSOR'S PROPERTY TAX. . PAR61EL: Ji 0230$.9399 &1102305-9218 For and in consideration of One,abar ($.�.00)iind either yalu6le rongideralion$ hand paid, Brookfield North. L"ll-C ("Grantor" herein), hereby conveys and"Watiarills: to PUGIET 861LIN-113 ENIEk0-Y INC., a Washington Corporation ("Grantee" herein), for the purposes her "iaftor se4'%6, q-:'nonexd.uIiive.'p'erWual easement over, under, along across and through the follovving, described real 'perty y.-CIP(o he'r ir6 in I(afnq County, Washington: SEE C- BIT "A- ATTACHED HERETO AND TI'4IS iRIE)F R C INlI EAPAR7 - -'. KEREOJF 1. . Except as may be otherwise set forth herein Grantee's rl§hts Sol ere ex arciSe Vp - . �n 114�it portioq.:'�f th6 Property C'Easemenl;..Aree herein). described as follows: I MEMtN%No. J! ALL STREETS AND ROAD RIGHTS-OF-WAY B11TH PMiiTii AKa:PUBLIC),-A$ ; I -.XOW..bR HEREAFTER DESIGNED, PLAT -TED, AND/OR CONSTRUCT 04 STRU�:�I, YM.7TH ABO HIN ' E VE DIESPRIi PROPERTY. (WHEN SAID STREETS AND ROADS ARE 6EDICATED TO"THE PUBLIC, THIS CLAQBE SK4LL BECOME NULL AND VOID.) OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS`,`V4AQT'S AND OPEN E�SEM��T hl�. 2: SPACES LOCATED WITHIN":THE ABOVE DESCRIBED PROPERTY BEING PARAijEL .;'TO AND COINCIDENT IVM" H THEBOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-44VAY. 'EASEVEi T NO. 3,l ALG: ALLEYWAYS'AND PRIVATE DRIVES AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CoNkR4rt6 WITHI'� THE ABOVE DESCRIBED PROPERTY. " EASEMENT N0.4: A STRIP: OF LAfj6:--J0 FEET IN. WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WIT14119:"THE" 1. AB6 , VF_ 6ES6141t3JED PROPERTY BEING PARALLEL TO AND COINCIDENT WIi1H.:TMEilO6NDAIESOF11,--1 4U-YWAYr, AND PRIVATE DRIVES. 1. Purpose. Grantee shall hav0.tft right tq'the Easement aser4ant Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one oi'iwe Utility"syst6ins for pOFpqses of transmission, distribution and sale of gas and electricity. Such system rimy includdi, bui are: not lirnited:to:.: Underground facIll Pipe§, pipeline"s, mains, lateFals, 'conduits, regulators and feeders for gas; conduits, lines, cables, -'.vaults.%wiitcheg anti trartsformers;for,,eler-tricity; fiber optic cable and other lines, cables and facilifies for cDmm1 inicab43rkt':"s'ttmi-b6iied'br. ground -mounted facilities and pads, manholes, meters, iiVturpC attachments,: and !any and all -�lher facilities or appurtenances necessary or convenient to itiy.br ali..offtie foregoing. Following the initial constructionof all or a ponion'-6f iti'systems fear. 6ranlea may, �o4i'M";1Jo:jtime, construct such additional facilities as it may require for such systems, Gbnte� shall haV6 th6ightof�ccess 161her Easement Area over and across the Property to enable Grantee to exerdio Its rights tieretr6der.7' Grantee sh8li.-cOmpensate Grantor for any damage to the Property caused by the exercise of such tight pf access by-brantv&.,-. 2. Easement Area Clearing and Maintenance. Grantee shaWhave the right to diwose of any and all brush, trees or other vegetation in the Easement Area. Grantee ihalr ils6 ha%il� 114-tigh�ficrcontjo( on a continuing basis and by any prudent and reasonable means, the eslablishme�6t f bruW.`Irees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use trip EasepstrUc or main"taim,' l8ril'Areafor.,any ' purpose not inconsistent with the rights herein granted, provided, however, Grantor shall" notzg any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting Wthlr!'300 feel of Grantee's facilities without Grantee's prior written consent_ BrookfieldNorth 107044294 8 105067987 1080543 Pa5a I of 3 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result oftrantee`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. ti• 5.' bandonment The rights herein granted shall continue until such time as Grantee ceases to use the Ea$entent Area. for a period of five (5) successive years, in which event, this easement shall terminate and all rights he'reurldl oily 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 failuie to initially ins)all its systems on the Easement Area within any period of time from the date hereof. 6. 57ucce'ssor�,ari l.Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or' all of itsrnghRg, benefits, privileges and, -interests arising in and under this easement. Without limiting the generality 4f thefotegoing,, the rights and obligations of the parties shall inure to the benefit of and be binding upon their iespeefive•successoifiilnd dSsigPer, DATED this ,.day of pf�. 2012. F' h GRANTOR: Bro rr Limitied Liabjlity.;Company BY: 1TS: a/7at e/ STATE OF WASHINGTON ) )Ss COUNTYOF; rf'; lrij )Z. on this -/"day of �e—/� 2012, befnre:me, 6e u'hderiignetl, a NoWiy Public in and tor;:' the.::....State:. of Wa ington, duly commissioired , aria sworn, persohally.` appeared AeinCf S to me known or proved fiy.;satisfactory eViQence;to tre the' person who signed es E7Z_ of Brookfield Norf , LLC, a Wa'shinaton Llrgited Liability Compatiy, the1l liability company that executed the within and foregoing instrument "andfacknowledged said instrurrjent to.:be er free and voluntary act and deed and the free and $oluntar� ec nd deed of said limited liability company for the fi ses and purposes therein mentioned; and on oath 'stated<tha h she was authorized to execcits th%said instn anent afib8half of said limited liability company. IN G411•TNESS VVHEREOF I have hereunto set my hand and official seal a day and ' ar first above written. *�ttlritti�IS1 (Sr to No1arV? p h ,Vr ,—a r Brookfield North 107044294 8 105067987 1 OBC543 Page 2 of 3 EXHIBIT "N' PA9CEL ItUMBER 102305-9248; THE $OUTF#`,65 aEET OF THE NORTH 165 FEET OF THE WEST 450 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIp13. NORTH, RANGE 5 EAST, {M14 M.; EXCEPT- THE:WEST 4U FE>=7THEREOF CONVEYED TO KING COUNTY FOR 142'm AVENUE SE BY DEED RECO"bED UNDER RECORDING l4UMBER•3'l63 "; StTU TE IN THE'COUNTW OFAINCx; ST.AiT OF,WASHINGTON. PARCEL NIUMkR 102305-93 ' I THE SOUTH 150 FEMAP'THE NORTk1 165 BEET OF`TI4'40UTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE I. RTHEAST.adA0TERjOF SECTION 10. TOWNSHIP 23 NORTH, RANGE S EAST, W. M.; EXCEPT THE SOUTH 65 FEET OF THE WEST 150 FEET THEREOF; AND EXCEPT TH8 WEST. 30 FEET THECONVEYEb Tb KINd COUNXY FOIx-ROAO 6Y DEED RECORDED UNDER RECORDING NUMBER 326347$; SITUATE IN THE.COUNTY OF KING, STATE OF WASk[NGT.ON. cUll .... =1 cUll .... CITY OF RENTON } 1055 S. Grady Way Renton, WA 98055 Printed: 06-21-2012 Payment Made Total Payment: Land Use Actions JUN 7u"., RECEIPT ilk Va Pelrmit#: LUA12-048 g DD 06/21/2012 01:34 PM Receipt Number: R1202809 1,545.00 Payee: BROOKFIELD NORTH LLC Current Payment Made to the Following Items: Trans Account Code Description Amount ------ 3080 ------------------ 503.000000.004.322 ------------------------------ Technology Fee ---------------- 45.00 5012 000-000000.007.345 Final Plat 1,500.00 Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Check 18012 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 5909 000.000000.002.341 Booklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 5998 000.000000.000.231 Tax 1,545.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Remaining Balance Due: $0.00 LuA-1 2— 4s FP BROOKE,FIELD NORTH SND -10 A PORTION OF THE NW, 1/4 OF THE NE. 1/4 SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY,. WASHINGTON LEGAL DESCRIPTION; PARCEL A: THE SOUTH 150 FEET OF THE NORTH 165 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 65 FEET OF THE WEST 150 FEET; AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY ROAD DEED RECORDED UNDER RECORDING NO. 3263478. PARCEL B: THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE. WEST 150 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10; TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 142ND AVENUE SOUTHEAST BY DEED RECORDED UNDER RECORDING NO. 3263478. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. CITY OF RENTON APPROVALS: CITY OF RENTON FINANCE -DIRECTOR'S IRECTOR S CERTIFICATE CITY OF RENTON PUBLIC WOKS DEPARTMENT 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 EXAMINED, AND APPROVED THIS ------ DAY OF --- _-, 2012. CONTAINED DEDICATED FOR STREETS, ALLEYS, OR OTHER PUBLIC USES, ARE PAID IN FULL. THIS �DAY OF ------ --------- 2012. ADMINISTRATOR CITY OF RENTON MAYOR EXAMINED, AND APPROVED THIS `_ __ DAY OF _ MAYOR 2012, DEDICATION: ATTEST: KNOW ALL PEOPLE BY THESE PRESENTS. THAT WE, CITY CLERK THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF. THE PUBLIC FOREVER ALL STREETS AND DECLARATION OF COVENANT AVENUES .NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES THE OWNERS OF THE LAND EMBRACED WIT, T NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, IN THE. ORIGINAL `SIN HIS LONG PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE REASONABLE GRADING OF SAID STREETS AND AVENUES AND FURTHER DEDICATE TO THE USE OF THE FROM THE SUBDIVISION, EASEME TS NING HEREON COVENANTS AND..HEREBY CONVEYS THE BENEFICIAL OF THE LOTS, OR OF ANY SUBDIVISION SHOWN REOF. 'THIS THIS NCOPLAT TO ANY AND ALL FUTURE PURCHASERS PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, PEDESTRIAN ACCESS, UTILITIES AND ON THIS LONG PLAT. VENANT SHALL RUN WITH THE LAND AS SHOWN DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY PRI I IDENTIFIED AND FOR THE PURPOSE STATED, PRIVATE EASEMENT PROVISIONS THE OWNERS OF THE LAND HEREBY SUBD!VIDED DO HEREBY GRANT AND CONVEY TO THE OWNER(S) OF FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR THE BENEFITED LOTS AS STATED IN THE EASEMENT NOTES OR ANY OTHER PRIVATE EASEMENT SHOWN HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND AND THEIR SUCCESSORS AND ASSIGNS A PERPETUAL EASEMENT F ALL CLAIMS FOR DAMAGES AGAINST . THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY SHOWN. THESE EASEMENTS AND CONDITIONS SHALL OR THE STATED UTILITIES AND/OR USE BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND OR BE A COVENANT RUNNING WITH THE LAND AND DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION. / SHALL BE BINDING ON THE SUCCESSORS, HEIRS AND ASSIGNS OF THE OWNER(S) OF THE LAND HEREBY BURDENED. THE OWNER(S) OF THE LOTS UENEFITED AND THEIR SUCCESSORS AND ASSIGNS SHALL HAVE FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR THE RIGHT WITHOUT PRIOR INSTITUTION OF ANY SUIT OR PROCEEDINGS OF LAW AT SUCH TIMES AS MAY HEIRS AND ASSIGNS TO HOLD THE CITY OF RENTON, AND ANY GOVERNMENTAL AUTHORITY, HARMLESS, BE NECESSARY TO ENTER UPON SAID EASEMENT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, INCLUDING ANY COSTS OF DEFENSE, IF ANY FROM ANY DAMAGES TO A PERSONS PROPERTY WITHIN OR REPAIRING, ALTERING, OR RECONSTRUCTIf� (3}­�;AID UTILITIES AND/OR USER FACILITIES OR MAKING ANY WITHOUT THIS SUBDIVISION RESULTING FROM ALTERATION OF THE, GROUND SURFACE, .VEGETATION. CONNECTIONS THERETO WITHOUT INCURRING. ANY LEGAL OBLfGATlfl! :QIP LIABILITY HER _. i U C.. �, . THEREFORE; PROVIDED D�RtAINAGE, OR SURFACE -OR SUB -SURFACE WATER FLOW OR ANY FASHION � ' "rAT-.,UC, SI BALL BE ACCOMPLISf iE.D IN ` MANNE:R THAT IF PRIVATE - = CAUSED BY THE APPROVAL EXiSTIhlG I I�iVA"fE IMPROVEMEi�I fS ARE OR CONSTRUCTION OF THIS SUBDIVISION. DISTURBED OR DESTROYED `I"HEY WILL BE Rf=:PAIREU OR REPLACED TO A CONDITION SIMILAR AS THEY WERE IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE ONE BENEFITED. THE OWNER(S) FURTHER, THE HEREIN BELOW SIGNED OWNERS IN ..FEE SIMPLE OF THE LAND HEREBY SUBDIVIDED, HEREBY OF THE BURDEN ED...._LOT:D.SftL RETAIN THE RIGHT TO USE THE SURFACE OF SAID EASEMENT IF SUCH CERTIFY THAT WE HAVE ESTABLISHED THE BROOKEFIELD NORTH HOMEOWNERS ASSOCIATION (HOA) IN USE DOES NOT INTERFERE WITH THE INSTALi_ATION OR USE OF SAID UTILITIES. HOWEVER, THE OWNERS) ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF THE BURDENED LOT SHALL NOT ERECT OR MAINTAIN ANY BUILDINGS OR STRUCTURES WITHIN THE OF SAID BROOKEFIELD NORTH HOMEOWNERS ASSOCIATION. SAID. ASSOCIATION IS SUBJECT TO THE EASEMENT. ALSO THE OWNER(S) OF THE BURDENED LOT SHALL NOT PLANT TREES, SHRUBS OR DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF BROOKEFIELD NORTH, AS DISCLOSED VEGETATION HAVING DEEP ROOT PATTERNS WHICH MAY CAUSE DAMAGE TO OR INTERFERE WITH SAID BY INSTRUMENT RECORDED UNDER RECORDING NUMBER -------------------------- UTILITIES AND/OR USES FACILITIES. ALSO THE OWNER(S) OF THE BURDENED LOT SHALL NOT DEVELOP IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS P OF BE TIFY THE EASEMENT AREAS. IN SUCH A WAY AS TO CAUSE EXCESSIVE COST TO THE OWNER(S) PROPERTY TAX T BENEFITED PURSUANT TO ITS 'RESTORATION DUTIES HEREIN. OBLIGATIONS AS EVIDENCED BY NON --PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTH, . THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCERESPONSIBILITIES. PRIVATE l VA TE DRAINAGE ACCESS EASEMENT THE OWNER(S) OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH DRAINAGE EASEMENTS THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH SHOWN AS "PRIVATE" HEREBY THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS: THE AND CONVEY TO THE CITY OF RENTON, A MUNICIPAL CORPORATION, THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: PER THE ENGINEERING PLANS APPROVED FOR THE PLAT BY THE CITY OF RENTON, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF OBSERVING THAT THE OWNER(S) ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED THEREIN. 1HE OWNER(S) OF SAID PRIVATE PROPERTY, SINGLE AND BROOKEFIELD NORTH, LLC, WASHINGTON FEDERAL SEVERAL, ARE RESPONSIBLE FOR OPERATING, MAINTAINING, AND REPAIRING THE DRAINAGE FACILITIES A WASHINGTON LIMITED LIABILITY COMPANY A WASHINGTON CORPORATION CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY . REQUIRED TO OBTAIN ANY REQUIRED. PERMITS FROM THE CITY OF RENTON OR ITS SUCCESSOR AGENCY, PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES PONDS; ETC.) . OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNER(S) OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS: BY: BY: ITS; ITS: THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS- SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER(S)`S COST, ACKNOWLEDGMENTS STATE OF WASHINGTON ) STATE OF WASHINGTON N } COUNTY OFSS COUNTY OF CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT ----------------- - T_".., SIGNED I CERTIFY THAT I KNOW OR HAVE THIS INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND THIS INSTRUMENT ON OATH STAT SATISFAC TORY EVIDENCE THAT ._„X__��_,____----------- SIGNED ACKNOWLEDGED IT AS THE _____________ _____ ED THAT HIE WAS AUTHORIZED TO EXECUTE�THE INSTRUMENT AND OF BROOKEFIELD NORTH, LLC, ACKNOWLEDGED IT AS THE -------------- ---------------------- OF WASHINGTON FEDERAL, A WASHINGTON A WASHINGTON LIMITED LIABILITY COMPANY TO BE .THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR CORPORATION TO BE THE FREE AND VOLUN TA ____� THE USES AND PURPOSES MENTIONED IN' THIS INSTRUMENT, RY A�:T OF SUCH PARTY FOR THE`USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. DATED SIGNATURE OF NOTARY PUBLIC TI TLE MY APPOINTMENT EXPIRES `7f M'k'¢�_E' . i 3 a.. �x !f a :. ...:.- .. ... il�,:.. :-. .. 5 is .i .� r.. .. .' I .: ... .'� � .,F. �£i ti i `."i F — ... .... :'�.. � '.. - .. .. :'- .. .. s ..., ..:, \. ., �: .':::X.w't :i`i" ..3 .-"4"�'.� ih".^ . �5, R. ril` DATED SIGNATURE OF NOTARY PUBLIC TITLE MY APPOINTMENT EXPIRES 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 ANY OTHER PUBLIC USE, ARE PAID IN FULL, THIS _. _- DAY OF --------------- 2012. MANAGER, FINANCE DIVISION DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENT EXAMINED, AND APPROVED THIS ------ DAY OF ---------- 2012. KING COUNTY DEPARTMENT OF ASSESSMENTS KING COUNTY ASSESSOR DEPUTYKING �� TY ASSESSOR PARCEL N0, 1023059218 WAND 1023059399 RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF _._...__,..____"_,_T___ - -- THIS DAY OF AT _ ----- MINUTES PAST __M. AND RECORDED IN VOLUME --------- OF PLATS, PAGES) RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS -- _... ___-- �._..._______^- �-- SUPERINTENDENT OF RECORDS _�._�. MANAGER SURVEYOR'S CERTIFICATE I HEREBY CERTIFY. THAT THIS PLAT OF BROOKEFIELD NORTH IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY AND THAT THE LOT CORNERS STAKED CORRECTLY ON THE GROUND FOLLOWING TF E COMPLETION 0 CONSTRUCTION OF THE SITE IMPROVEMENTS AND THAT I HAVE FULLY COMPLIED 1 W THE PROVIS?ISIS OF THE PLATTING REGULATIONS. STEPHEN J.�- CHREI, PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 37555 D. R. STRONG CONSULTING ENGINEERS 10604 NE 38th PLACE, SUITE. 101 KIRKLAND, WASHINGTON 98033 PHONE: (425) 82.7---3063 D. R. S TRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 10604 NE 38th PL, #101 KIRKLAND, WA 98033 O 425-827 3063 F 425.827.2423 www.drstrong.com JOB NO. 31059 ■ LUA-1 2 -049 -FP ■ BROOKEFIELD. NORTH A PORTION OFTHE NW. 1/4 OF THE NE. 1/4 LND--100456 SECTION 10 TOWNSHIP 23 NORTH RANGE 5 EAST W.M. a a a a CITY OF RENTON, MNG COUNTY, WASHINGTON EASEMENT NOTES: NOTES AND RESTRICTIONS: THE EASEMENTS DEPICTED ON THE MAP SHEET OF THIS FINAL PLAT ARE FOR THE 1 TRACT A ISA STORM DRAI AGE T LIMITED PURPOSES LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING THE N TRAC AND IS HEREBY CONv DYED TO THE CITY OF RENTON OR ITS SUCCESSOR AGENCY FOR OWNERSHIP AND MAINTENANCE PURPOSES 3 RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS UPON THE RECORDING OF THIS PLAT._ THE CITY OF RENTON IS HEREBY RESPONSIBLE WATER LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 661.21' LISTED BELOW. FOR THE MAINTENANCE OF SAID STORM DRAINAGE FACILITIES WITHIN SAID TRACT, AN 10 SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNEC?ED TO THE 5. THIS SITE IS SUBJECT TO TERMS AND PROVISIONS OF AN EAS��MENT FOR A STORM EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR AND GRANTED TO THE PERMANENT STORM DRAIN OUTLET OR AS .SHOWN ON THE APPROVED CONSTRUCTION OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE, DRAINAGE OWNER(S) OF LOT 11 AND THE BROOKEFIELD NORTH HOMEOWNERS' ASSOCIATION FOR a EASEMENT. EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITIES MAINTENANCE OF THE LANDSCAPING WITHIN SAID TRACT. THE OWNER(S) OF LOT 11 PUGET SOUND ENERGY FOR TRANSMISSION AND DISTRIBUTION OF GAS AND ELECTRICITY r i CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF LAWN/GRASS ABUTTING THE FINAL BUILDING INSPECTION APPROVAL. w DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNERS COST. SOUTH LINE OF SAID LOT 11. THE BROOKEFIELD NORTH HOMEOWNERS' ASSOCIATION IS 2611.39' ACCESS AND UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER,. WATERAND 1. AN EASEMENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE CITY OF HEREBY RESPONSIBLE FOR THE MAINTENANCE OF ALL OTHER LANDSCAPING WITHIN SAID GAS, AND STORM DRAINAGE FACILITIES. THE OWNERS OF SAD LOS 14 AND 15 ARE 8. THE 10 FOOT BY 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 10 RENTON, PUGET SOUND ENERGY COMPANY, QWEST, COMCAST, WATER DISTRICT 90, AND TRACT, 1. THIS SITE IS SUBJECT TO KING COUNTY'S RIGHT. TO MAKE NECESSARY SLOPES FOR o THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 2. LOTS 12 AND 13 SHALL BE DEVELOPED IN SUCH A WAY SO AS TO HAVE THE c� FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING THE EXISTING OR�n FRONT YARDS FACING EACH OTHER AND BE ACCESSED BY WAY OF THE SHARED PRIVATE WATER FACILITIES. THE OWNER PROPOSED PUBLIC RIGHT-OF-WAY, THE 20 FOOT PRIVATE ACCESS, UTILITY AND STORM ACCESS EASEMENTS ON LOTS 2 AND 3, PRIVATE WATER LO DRAINAGE EASEMENT SHOWN ON LOTS 2 AND 3 AND THE 20 FOOT PRIVATE ACCESS, CITY OF RENTON CONTROL 13 IS RESERVED FOR AND GRANTED TO THE GENERAL PUBLIC FOR PEDESTRIAN ACCESS I UTILITY AND STORM DRAINAGE EASEMENT SHOWN ON LOTS 6 AND 7, IN WHICH TO 3. LOTS 14 AND 15 SHALL DEVELOPED IN SUCH A WAY SO AS TO HAVE THE UNDER RECORDING NUMBER 8612031455. INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND .BE FRONT YARDS FACING EACH OTHER AND BE ACCESSED BY WAY OF THE SHARED 3. THIS SITE IS SUBJECT TO THE CONDITIONS AND RESTRICTIONS CONTAINED IN THE DISTRIBUTION SYSTEMS WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT ACCESS EASEMENTS ON LOTS 6 AND 7. DOCUMENT ENTITLED "ORDINANCE NO. 4215" AS DISCLOSED BY Ii:,, 3TRUMEN1- RECORDED � FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH UTILITY LOTS 1 AND 2 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR UNDER RECORDING NUMBER 8905040205 SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT 4. THERE SHALL BE NO VEHICULAR ACCESS TO HOQUTAM AVENUE N, FROM LOTS 1 11. THE 10 FOOT BY .10 ALL TIMES FOR THE PURPOSE HEREIN STATED. NO LINES OR WIRES FOR THE AND 12 WHICH ABUT IT. LOT 3 IS FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, OVERHANGS), FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED OR BE 5, STREET TREES AND LANDSCAPING WITHIN THE HOQUTAM AVENUE N.. RIGHT OF WAY FOR PRIVATE WATER FACILITIES. THE OWNER PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND ADJOINING LOT 1 AND LOT 12 SHALL BE OWNED AND MAINTAINED BY THE OR IN CONDUIT ATTACHED TO A BUILDING. BROOKEFIELD NORTH HOMEOWNERS' ASSOCIATION. THOSE TREES ON INDIVIDUAL LOTS, N88'14'14"W 2. THE 20 FOOT PRIVATE ACCESS, UTILITY AND STORM DRAINAGE EASEMENT SHOWN661.49' REQUIRED TO BE INSTALLED ACCORDING TO THE APPROVED LANDSCAPING PLANS SHALL BE MAINTAINED BY OWNER OF THE LOT ON WHICH THE TREE IS LOCATED ON LOTS 2, 3, 12 AND 13 IS FOR THE BENEFIT OF LOT 12 AND LOT 13 FOR PRIVATE ' MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN ACCESS AND UTILITIES, INCLUDING BUT NOT LIMITED TO, SANITARY SEWER, WATER AND COMMON WITHIN SAID EASEMENT. WATER LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER GAS, AND STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 12 AND 13 ARE fi. ALL BUILDING DOWNSPOUTS, FOOTING DRAINS AND DRAINS FROM ALL IMPERVIOUS 6. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 5, 6 AND 7 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNEC?ED TO THE 5. THIS SITE IS SUBJECT TO TERMS AND PROVISIONS OF AN EAS��MENT FOR A STORM AND DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE PERMANENT STORM DRAIN OUTLET OR AS .SHOWN ON THE APPROVED CONSTRUCTION OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN RESPONSIBILITIES OF THE PRIVATE ACCESS FACILITIES USED IN COMMON WITHIN SAID DRAWINGS ON FILE WITH THE CITY OF RENTON DEVELOPMENT 'SERVICES DIVISION. THIS a EASEMENT. PLAN SHALL BE SUBMITTED WITH THE APPLICATION FOR ANY BUILDING PERMIT. ALL PROPERTY PUGET SOUND ENERGY FOR TRANSMISSION AND DISTRIBUTION OF GAS AND ELECTRICITY r i CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER20120412000484. 3. THE 20 FOOT PRIVATE ' ACCESS, UTILITY AND .STORM DRAINAGE EASEMENT SHOWN FINAL BUILDING INSPECTION APPROVAL. w ON LOT 6,.7. 14 AND 15 IS FOR THE BENEFIT. OF LOT 14 AND LOT 15 FOR PRIVATE RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE 2611.39' ACCESS AND UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER,. WATERAND TITLE RESTRICTIONS: `n `x' GAS, AND STORM DRAINAGE FACILITIES. THE OWNERS OF SAD LOS 14 AND 15 ARE 8. THE 10 FOOT BY 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 10 o LO HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY 1. THIS SITE IS SUBJECT TO KING COUNTY'S RIGHT. TO MAKE NECESSARY SLOPES FOR o AND DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE CUTS. OR FILLS UPON PROPERTY FOR AMELIA SCHEWE ROAD AS GRANTED IN DEED z RESPONSIBILITIES OF THE PRIVATE ACCESS FACILITIES USED IN COMMON WITHIN SAID RECORDED UNDER RECORDING NUMBER 3263478. PRIVATE WATER FACILITIES. THE OWNER EASEMENT. THE MAINTENANCE OF THEIR PRIVATE WATER 4. THE 5 FOOT PUBLIC PEDESTRIAN ACCESS EASEMENT SHOWN ON LOTS 2, 3, 12 AND 2. THIS SITE IS SUBJECT TO THE CONDITIONS AND RESTRICTIONS CONTAINED IN THE "ORDINANCE CITY OF RENTON CONTROL 13 IS RESERVED FOR AND GRANTED TO THE GENERAL PUBLIC FOR PEDESTRIAN ACCESS DOCUMENT ENTITLED NO. 4025" AS DISCLOSED BY INSTRUMENT RECORDED THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES PURPOSES. UNDER RECORDING NUMBER 8612031455. 5. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 2 IS FOR THE 3. THIS SITE IS SUBJECT TO THE CONDITIONS AND RESTRICTIONS CONTAINED IN THE r OF- c BENEFIT_ OF LOI.� 1��FOR�L'RIVATE_ STORM DRAINAGE �FAcILIT!F'S:..?HE OI�NERS�=.�, uAaD. � _- DOCUMENT ENTITLED "ORDINANCE NO. 4215" AS DISCLOSED BY Ii:,, 3TRUMEN1- RECORDED � 661.78' LOTS 1 AND 2 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR UNDER RECORDING NUMBER 8905040205 10 RESPECTIVE PRIVATE DRAINAGE FACILITIES. . AND SHALL SHARE EQUALLY IN THE. TO THE CITY OF RENTON FOR PUBLIC MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN 4. THIS. SITE IS SUBJECT TO TERMS AND PROVISIONS OF AN EASEMENT FOR A STORM COMMON WITHIN SAID EASEMENT. WATER LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER w 20060313001960 6. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 5, 6 AND 7 IS RENTON FOR THE BENEFIT OF LOTS 4, 5 AND 6 FOR PRIVATE STORM DRAINAGE FACILITIES. THE 5. THIS SITE IS SUBJECT TO TERMS AND PROVISIONS OF AN EAS��MENT FOR A STORM OWNERS OF SAID LOTS 4, 5 AND 6 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE WATER LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN 20060313002001. o THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN a COMMON WITHIN SAID EASEMENT. 6. THIS SITE IS SUBJECT TO TERMS AND PROVISIONS OF AN EASI-MENT IN FAVOR OF PROPERTY PUGET SOUND ENERGY FOR TRANSMISSION AND DISTRIBUTION OF GAS AND ELECTRICITY r i 7. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT .SHOWN ON LOT 8 IS FOR THE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER20120412000484. BENEFIT OF LOT 7 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID PRIVATE WATER LOTS 7 AND 8 ARE HEREBY .RESPONSIBLE FOR THE MAINTENANCE OF THEIR 9 10----R N88'20'03."W RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE 2611.39' MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN ACTIONS OR ACTIVITIES BEYOND THE BUILDING SETBACK COMMON WITHIN SAID EASEMENT. CITY OF RENTON CONTROL 8. THE 10 FOOT BY 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 10 POINT NO. 1848, MONUMENT NOT SEARCHED FOR. HELD IS FOR THE BENEFIT OF LOT 9 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNER LOCATION PER REF. 1 AND 2. OF SAID LOT 9 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE THE PUBLIC DRAINAGE EASEMENTS IDENTIFIED HEREON: DRAINAGE FACILITIES WITHIN SAID EASEMENT. FOR 9. THE 20 FOOT PUBLIC STORM DRAINAGE EASEMENT SHOWN ON LOT 10 AND 11 IS FOR PRIVATE WATER FACILITIES. THE OWNER PUBLIC DRAIN GEE S • RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR PUBLIC STORM DRAINAGE A A EM EN T R ESTRI C iI ON S. w �' FACILITIES. THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF WITHIN THE EASEMENT. 12. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT THE PUBLIC STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. FOR PROPERTY OWNER(S) SUBJECT TO A PUBLIC DRAINAGE EASEMENT SHALL NOT HAVE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES WOULD UNREASONABLY INCREASE THE COSTS TO THE CITY OF RENTON FOR RESTORING WITHIN SAID EASEMENT. THE RIGHT TO THE FOLLOWING ACTIONS OR ACTIVITIES BEYOND THE BUILDING SETBACK 00 o ui THE EASEMENT AREA AND ANY PRIVATE IMPROVEMENTS THEREIN. 10. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 2 IS FOR LINE OR WITHIN THE LIMITS OF THE PUBLIC DRAINAGE EASEMENTS IDENTIFIED HEREON: o N FOR THE BENEFIT OF LOT 12 FOR PRIVATE WATER FACILITIES. THE OWNER OF SAID LOT 12 THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES z CITY OF RENTON CONTROL IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES a) ERECT OR MAINTAIN BUILDINGS, STRUCTURES, OBSTRUCTIONS OR PLACE FILL POINT NO. 1851, MONUMENT WITHIN SAID EASEMENT.NOT (INCLUDING BUT NOT LIMITED TO FENCES; DECKS, PATIOS, OUTBUILDINGS, RETAINING 10 SEARCHED FOR. HELD_ LOCATION PER REF. 1 AND 2. 11. THE 10 FOOT BY .10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 3 IS FOR WALLS AND OVERHANGS), THE BENEFIT OF LOT 13 FOR PRIVATE WATER FACILITIES. THE OWNER OF SAID LOT 13 15 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES b) PLANT TREES, SHRUBS OR VEGETATION HAVING DEEP ROOT PATTERNS WHICH MAY WITHIN SAID EASEMENT. CAUSE DAMAGE TO OR INTERFERE WITH THE DRAINAGE FACILITIES TO BE PLACED co �' U-) o o o z ri n WITHIN THE EASEMENT. 12. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 6 IS FOR THE BENEFIT OF LOT 14 FOR PRIVATE WATER FACILITIES. THE OWNER OF SAID LOT 14 c) DEVELOP, LANDSCAPE, OR BEAUTIFY THE EASEMENT AREA IN ANY WAY WHICH IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES WOULD UNREASONABLY INCREASE THE COSTS TO THE CITY OF RENTON FOR RESTORING WITHIN SAID EASEMENT. THE EASEMENT AREA AND ANY PRIVATE IMPROVEMENTS THEREIN. 13. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 7 IS FOR THE BENEFIT OF LOT 15 FOR PRIVATE WATER FACILITIES, THE OWNER OF SAID LOT 15 d) DIG, TUNNEL OR PERFORM OTHER FORMS OF CONSTRUCTION ACTIVITIES ON THE IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES PROPERTY WHICH WOULD DISTURB . THE COMPACTION OR UNEARTH DRAINAGE FACILITIES WITHIN SAID EASEMENT. ON THE RIGHT--OF-WAY, OR ENDANGER THE LATERAL SUPPORT FACILITIES. CONTINUED RIGHT. e) BLAST WITHIN FIFTEEN (15) FEET OF THE RIGHT-OF-WAY. f) ERECT FENCES IN SUCH A WAY AS TO PREVENT ACCESS BY SHE CITY OF RENTON'S VEHICLES TO THE DRAINAGE FACILITIES. ANY FENCE CONSTRUCTION MUST PROVIDE FOR AN OPENING (GATED, REMOVABLE SECTIONS, BARRIERS, ETC,) OF AT LEAST TEN (10) FEET IN WIDTH. g) GRADING AND CONSTRUCTION SHALL NOT BE ALLOWED WITHIN THE PUBLIC DRAINAGE EASEMENTS SHOWN ON THIS PLAT MAP UNLESS APPROVED BY THE CITY OF RENTON OR ITS SUCCESSOR AGENCY REGARDLESS OF PERMIT REQUIREMENTS. m 0 AIRR'l 7'1 _7"lAr 3 2 1322.41 10 11 n CITY OF RENTON CONTROL POINT P NO. 1845, MONUMENT NOT SEARCHED FOR. HELD LOCATION PER REF. 1 AND 2. w w o c� o LO o co N88'16'1 o"W .. 661.78' cd to i wl co �' U-) o o o z ri n o �-' 1324.70' 1324.70' N88.20'03"W SECTION. SUBDIVISION BASED. ON THE PLAT OF BROOKEFIELD II, REFERENCE 1. EASEMENT NOTES CONTINUED: 10-_�!) 11 14. THE PRIVATE WATER EASEMENT AND PRIVATE SANITARY SEWER EASEMENT SHOWN ON LOTS 9 AND 10 IS FOR THE BENEFIT OF LOTS 10 AND 11 FOR PRIVATE WATER AND SANITARY SEWER FACILITIES. THE OWNERS OF SAID LOTS 9, 10 AND 11 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE WATER AND SANITARY SEWER FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE WATER AND SANITARY SEWER FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 15. THE 5 FOOT PUBLIC. PEDESTRIAN ACCESS EASEMENT SHOWN ON LOTS 6, 7, 14 AND 15 IS RESERVED FOR AND GRANTED TO THE GENERAL PUBLIC FOR PEDESTRIAN ACCESS PURPOSES. 16. THE 15 FOOT PUGET SOUND ENERGY COMPANY UTILITY EASEMENTS SHOWN ON LOTS 3 AND 13 AND LOTS 7 AND 15 ARE HEREBY. RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY FOR J. UTILITY FACILITIES INCLUDING, BUT NOT LIMITED TO, �� � �� as NATURAL GAS AND ELECTRIC, SAID PUGET SOUND r yI ENERGY COMPANY IS HEREBY RESPONSIBLE FOR � &1i p THE MAINTENANCE OF THEIR UTILITY FACILITIES CQ WITHIN SAID EASEMENT. ' D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 10604 NE 38th PL, #101 KIRKLAND, WA 98033 O 425-827 3063 F 425.827.2423 www.drstrong.com JOB N 0. 11059 LUA-12-049--FP LND--10--0455 30' NCE IS 1.2'N. LPROP. CORNER _V 30.01' ,.�. . 4' WF • 'n 126.64' I 2.5' N I TFLU a 12 • Lo w 'n 6296±. S.F. o o € I o o in d- o vi n0 N88"13'1.5"W 125.20' z L062.70 62.50' Z 20 PRIVATE - N ACCESS, UTILITY z �`` I c6 w N o o rn AND DRAINAGE o rri '� EASEMENT, SEE d - Q z w EASEMENT NOTE f cn 5884± S.F. i w 3O' 2, SHT.2 0� ,�`y I N 10 co z1 ce-0 d z rn 0 -1 2-f z z 6140± S.F. 0 0 __1 _ % R=26.00'10 z. ' v � d= 88 20 35 D F-- L= 40.09' f w¢ 34.60' 62.50' 0' i±;1"0' : P'�'r'E',' � SEE FOUND EASEMENT NOTE 100 TYP. SHT.2 • 1 2 3 BROOKEFIELD NORTH A PORTION OF THE NW. 1/4 OF THE NE. 1/4 SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON UNPLATTED i FOUND TYP. ON LINE 0.1'S, UNPLATTED FENCE IS 1.0'S. OF SUBDIVISION CORNER OF PROP. LINE 15' PRIVATE STORM FENCE IS 0.8'N. FENCE CORNER IS ;n WATER EASEMENT REC.. N8813 15 W 661.35 N. LINE S.1/2, NE.1 /4, NW.1 /4, NE.1 /4, SEC; 10---23-5 OF PROP. LINE 0,8'N. OF PROP. LINE NO. 20060313002001 N88413#1 5"W 631.34' -- 112.50' 112.50' 4 WF x___-_�4,WF 'UBLIC PEDESTRIAN, 2.5--'-- 112.50 50.00` 50.00' 5fi.00' ; N ;ESS EASEMENT, SEE in T 5' PUBLIC PEDESTRIAN . 11 20' It of EMENT NOTE 4, SHT.2 Q '� �-1 ACCESS EASEMENT, SEE o co w ca o EASEMENT NOTE 15, SHT.2 0 � 0 2 � 5625± S.F, ,n 5625± S.F. © 1 5 ,n vi TRACT C 0 0 5727± S.F. w ± S.F. oo `t' 120 0 �+ 0 5625± S.F. 5116 7203± S.F. o �n z 20 �- ,W 22 dam- � � ,PRIVATE. STORM ►, of 1 21 :�r WATER EASEMENT iv rn TM 23 � Y 10 N8813 15 W 112.50 N88'13'15"W 112.50' z d- �� • � REC. NQ. 20060313001960 N88'13'15"W 112.5D' o z r w z 62.50' 50.00` 50.00' 62.50 62.50° ,- �,, z w 50.00 l � d� 16 , 10'X10' PSDE, Y cv ;n cd 20 PRIVATES �` w v SEE EASEMENT 7 +rn a� d• '� ACCESS, UTILITY , z NOTE 8; SHT.2 „ ;r z co C'4 - 10 � A4= 43 37 56 V - ;r ca w AND DRAINAGE 0 r- rn EASEMENT, SEE �'- L=38.4fi z N fi140± S.F. �' 4 Q J ¢ EASEMENT NOTE `n N t.. N25"32'39"E N88'13 15 W z EAS N N ao a 5.11' _=� 9.00' s vi 15 �' 49121 S.F. 3, SHT.2 cD cn z 52.15 04 12 4912± S.F. � , 13 It 6140± S.F. , 4, �- w ' 2p o `- 216 �`' 4899± S.F. , /' �2 � ,�%` A ----22'50'33"z 15 PSE UTILITY z 6140± S.F. a 22 rn �5�• , p. . �, L= 20.13 o EASEMENT SEE o 10 PUBLIC z L .5h w TRACT A EASEMENT z UTILITY �� --� --15' PSE UTILITY ,oCID`�' j . ��` ''�i�l� 3316± S.F. 1�---2 fi -----i `ZZ DOTE 16, SHT.2 EASEMENT, SEE 10 PSDE, SEE EASEMENT, SEE o �.�� .p� �' z SEE NOTES AND EASEMENT NOTE EASEMENT NOTE z R=19.50 cAo PWE AND PSSE, ��� 6�, / 56.71 RESTRICTIONS r f EASEMENT NOTE �o SEE EASEMENT tP N �� N88'13'15"W 1, SHT.2 6, SHT.2 i 16 SHT.2 x=-35 21 22. i o 1, SHT. 2 �- 1 4 NOTE 14, SHT.2 s ---- L=12.03 62.50 0. 50.00 50.00' -�-R=19.50 �, A--29'40.'23" ----- --- 62.50 62.50' 6=36`57 32 L=26.15 FOUND TYP. ------ 38.72 L=12.58' 515.21' , _ 50.50' AT CORNER NRR. tl,� 631.41 r � 65.70 [ --- -----_.._. - 8 13'1 5 rW 544.82 - 10'X10'... PWE, SEE N.E� 11TH �-�'+ 10X10PWE, � r" `t � EASEMENT NOTE 11, SEE 10'X10' PWE, SEE 10' PSDE, SEE '' TRACT A 20' PUBLIC 14 SHT.2 EASEMENT NOTE 12, EASEMENT NOTE 13, EASEMENT NOTE STORM DRAINAGE 0 EASEMENT, SEE --• -T-�. .-- - - _ . ,�H T.2 SHT.2 7, SHT.2 FOUND EASEMENT NOTE 10 PSDE; SEE -- EASEMENT NOTE TYP. 9, SHT.2 5, SHT.2 5 6 7 g 9_ _.._-� BROOKEFIELD II 12 TRACT B 4 VOL. 224; PG'S. 80-83, 10 REC,I NO. 20041105000381 11 \ DECLARATION OF IMPERVIOUS AREA RESTRICTION. COVENANT THE LOTS IN THISPLAT CONTAIN A STORMWATER MANAGEMENT FLOW CONTROL BMP (BEST MANAGEMENT PRACTICE) KNOW AS " RESTRICTED FOOTPRINT" THE PRACTICE OF RESTRICTING THE AMOUNT OF IMPERVIOUS SURFACE THAT MAY BE ADDED TO A PROPERTY SO AS TO MINIMIZE THE STORMWATER RUNOFF IMPACTS CAUSED BY IMPERVIOUS SURFACE. THE TOTAL IMPERVIOUS SURFACE ALLOWED FOR EACH LOT MAY NOT EXCEED THE AREA SHOWN IN THE TABLE BELOW WITHOUT WRITTEN APPROVAL EITHER FROM THE CITY OF RENTON OR THROUGH A FUTURE DEVELOPMENT PERMIT FROM THE CITY OF RENTON. LOT NO. MAX. ALLOWABLE IMPERVIOUS AREA IN SQUARE FEET 1 3000 2 3500 3 3500 4 3000 5 3000 .6 3500 7 3500 8 3000 9 3100 10 3100 11 3300 12 3300 13 3300 14 3300 15 3300 LEGEND; FOUND 4" CONCRETE MONUMENT WITH PUNCHED .1-1/2 BRASS DISK IN MONUMENT CASE ® FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 37555" EXCEPT AS AS AS NOTED OTHERWISE. 0 SET 5/8" X 24" REBAR WITH PLASTIC CAP STAMPED "DRS 37555" WF WIRE FENCE PSDE PRIVATE STORM DRAIN EASEMENT PWE PRIVATE WATER EASEMENT PSSE PRIVATE SANITARY SEWER EASEMENT PSE PUGET SOUND ENERGY COMPANY 126 CITY OF RENTON STREET ADDRESS SURVEYOR _'S_NOTES: 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE ORDER NO. NCS-504952-.-WA1 DATED MAY 17, 2012. IN PREPARING THIS MAP, D.R. STRONG CONSULTING ENGINEERS INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS D.R. STRONG CONSULTING ENGINEERS INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY REFERENCED FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE. D.R. STRONG CONSULTING ENGINEERS INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE COMPANY REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFOR D.R. STRONG CONSULTING ENGINEERS INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. ALL SURVEY CONTROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN AUGUST 2011. 3. PROPERTY AREA 94,706± SQUARE FEET (2.1742± ACRES). 4. AREA OF DEDICATED RIGHT OF WAY = 5,009± SQUARE FEET (0.1150± ACRES). 5. ALL DISTANCES ARE IN FEET. 6. THIS IS A FIELD TRAVERSE SURVEY. A LEICA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE: CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332--130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. REFERENCES.- 1. EFERENCES;1. THE PLAT OF BROOKEFIELD II RECORDED IN VOLUME 224 OF PLATS, PAGES 80 THROUGH 83, UNDER KING COUNTY RECORDING NUMBER 20041105000381. 2. RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 9805149004. D.R. STRONG CONSULTING ENGINEERS GRAPHIC SCALE 0 20' 40' 80'. I INCH = 40 FT. BASIS OF BEARINGS: N00`07'20"E ALONG THE CENTERLINE OF HOQUTAM AVENUE N. PER REF. 1 ENGINEERS PLANNERS SURVEYORS 10604 NE 38th PL, #10 1 KIRKLAND, WA 98033 O 425.827, 3063 F 425.827.2423 www.drstrong.com JOB NO. 11059