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Home My WebLink AboutREPORT 01BECLAN (AKA BECLAN PLACE) 2073041 OFLm BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTIONS: CITY OF RENTON APPROVALS PARCEL k CITY OF RENTOR PUBLIC WORKS DEPARTMENT LOT 3, KING COUNTY SHORT PUT NUMBER 488038, RECORDED UNDER RECORDING NUMBER 8909120157, N KING COUNTY, EXAMINED AM APPROVED THIS _DAY W , 2012 WASHINGTON. PARCEL N THE EAST 310 FEET OF THE SOUTH 200 FEET OF THE FOLLOWING` THE SOUTHEAST QUAKER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, MMS14W 23 NORTH, RANGE 5 EAST. WR14UM WERE'". N HOG COUNTY, WASHINGTON; EXCEPT THE SOUTH AM WEST 30 FEET FOR ROW PURPOSES: AND EXCEPT THE FAST 30 FEET CONVEYED TO KING COUNTY FOR ROW PURPOSES BY DEEDS RECORDED UNDER ADTDR'S FILE NUMBERS 1408997 AND 4915232. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST GLOATER OF SECTION 15, TOWNSHIP 23 NORM, RANGE 5 FAST, WILLAMETTE MERIDIAN, N KING DOWN. WASHINGTON, DESCRIBED AS FOLLOWS: BEGN" AT THE NORTHWEST COMER OF 50 SUBDIVISION; AND RUNNING THENCE SOUTH 8822'52' FAST. ALONG TE NORTHERLY UNE THEREOF, 30 FEET. MORE OR USS, TO INTERSECTNN A E WHICH S PARALLEL TO AND 30 FEET EASTERLY. MEASURED AT RIGHT ANCLIS, FROM TIE WESTERLY UNE OF SAID SUBDIVISWH THENCE STRUM 825'40 WEST ALONG SAD PARALLEL UE. 200 FEET. THENCE EASTERLY, PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 30070 FEET TO THE TRITE PCM OF BEGINNING OF THE TRACT HEREIN DESaMaE , TIERCE COHMDNG EASTERLY PARALLEL TO 7HE M HORQEY LINE OF SAID SIIBOVSON, 300.780 FEET TO INTERSECT ANILE WHICH IS PARALLEL 70 AND 30 FEET WESTERLY, MEASURED AT RIGHT ANGLES, TROIA THE EASTERLY UNE OF SAID SUBDIVISION;THENCE SOUTH 025'28' WEST ALONG SAD PARALLEL LINE 226.91 FEET, THENCENORM 8824'50 WEST, PARALLEL TO THE SOUTHERLY UNE OF SAID &S M90N 300.80 FEET; THENCE NORTHERLY 227.09 FEET TO THE TRUE PONT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THE NORM 117 FEET OF THE FAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST OIARIER OF THE NORTHEAST OLYRIER OF SECTION 15. TDMA 23 NORM. RANGE 5 FAST, WILLAMETTE MERIDMAN, N KIND CUM. WASIINOW EXCEPT THE EAST 30 FEET THEREOF. PARCEL P. THE NORTH 117 FEET OF THE EAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST OUARER OF THE NORTHWEST GIARTER OF THE NORTHEAST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 HAST. MUAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON; EXCEPT THE FAST 3D FEET THEREOF. DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST N THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUSDMSION MADE HEREBY. AND DO HENRY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE ISE THEREOF FOR ALL PUBLIC PURPOSES NOT NCONSWENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, ADASO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS NO FILLS RIPON THE LOTS AND TRACTS SHOWN HEREON N THE ORIGINAL REASONABLE GRATING OF SAID STREETS AND AVENUES. AND FURTER DEDICATE 70 THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED IH04MK INCLUDING BUT MDT LIMITED TO PARKS, OPEN SPICE, PEDESTRIAN ACCESS UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECETCALLY KNIT ED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY ODER THAN THE PUBLIC, N WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS. EASEMENTS, OR TRACES TO THE PERSON OR DOM IDENTIFIED AND FOR THE PURPOSE STATED. N WITNESS WHEREOF WE SET OUR HANDS AND SEAS: THE QUADRANT CORPORATION, A WASHINGTON CORPORATION BY: M. ACKNOWLEDGMENT STATE OF WASHINGTON ISS. COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT 6 THE POWN WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (S)HE SIGNED THIS R6NUIENE ON GAM SATED (S)EHE WAS NNIO REED TO EXECNE THE NSIRUMFN AND ACKNOWLEDGED IT AS THE - THE OADRANT CORPOPATION TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. BATED THIS DAY OF 2012. NOTARY PUNIC IN AND FOR THE SATE OF WASHINGTON RESPOND AT PRINTED NAME COMMISSION EXPIRES— EASEMENTS XPI ES EASEMENTS AND RESERVATIONS M EASEMENT S HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY. ANY TELEPHONE COMPANY. ANY CAERE COMPANY AND THE CRY OF RENON AND THEN RESPECTIVE SUCCESSORS AD ASSIGNS, UNDER AND UPON THE EXTAIOR 10 H AND FEET. PARALLEL WITH ADJgHNC THE SKEET FRONTAGE OF ALL LOTS. TRACTS AND PARCELS, EXCEPT THE W 37 TEN FEET (10) OF TRACT 'B' ABUTTING HIOGUAM AVENUE N.E, N WHICH TO INSTAL, LAY. CONSTRUCT, RENEW, OPERATE AND MAINTAINU ND ROUND CONDUITS, MANS CABLES AND WALES WISH NECESSARY FACIL NO OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THISSUBDMSDN AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE. W. WATER SEWER, PUBLIC AND PRIVATE OW STDHVNACE, AND GAS SERVICE, TOGETHER WITH THE RIGHT TO ENTER MON THE LOIS AT ALL TIMES FOR THE PURPOSE HEREINSATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. TELEPHONE OR CARIE TV SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAE SHALL BE UNDERGROUND OR N CONDUIT ATTACHED TO A BOLDING. CITY OF RENON MAYOR EXWRED AND APPROVED TFS_DAY OF . 201H. MAYOR CITY CLEW EXAMINED AND APPROVED IHS MY OF , 2012 CITY OF RENTOR FINANCE ORMTOR I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSES51ENI5 AND ALL SPECIAL ASSEMMEH75 CERTIFIED TO THE QTY TRFASUEA FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS. ALLEYS OR 07H O PUBLIC USE ARE PADN FULL. EXAMINED AND APPROVED TI5___.PAY OF 2012 KING COUNTY APPROVALS TING COUNTY DEPARTMENT OF ASSESSMENTS DARNED AND APPROVED 7HS___.DAY OF 2012, KING COUNTY DEPUTY IONG COUNTY ACCOUNT NUMBERS: 152305-9064, 152305-9065, 152305-9090 A 152303-9116 KING COUNTY FINANCE DIVISION CERTIFICATE 1 HENRY CER" TWAT ALL PROPERTY TAXES ARE PAD, THAT THERE ARE NO DEIND ART SPECIAL ASSE3511WNTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECK ASSESSMENTS CRESTED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, AIEYS OR FOR ANY OTHER PUBLIC USE, ARE PAD N FULL 7H6 DAY OF . 2012. MANAGER, KLM COUNTY FIANCE DYISION DEPUTY PLAT NOTES 1. THE ARTICLES OF INCORPORATION FOR THE BECLAN HOMEOWNERS' ASSOCATON S ON FILE WITH THE STAT: OF WASHINGTON N OLYMPIA. 2. TRACT 'A' IS A STORY DErDmaN TRACT AND B HEREBY CONVEYED TO THE CITY OF RENTON FOR OWNERSHIP AND AWNIENANCE PURPOSES. AN EASEMENT IS HEREBY GRANTED TO THE BECLAN HOIEWRE7S' ASSOCIATION FOR MAINTENANCE OF THE IRRIGATION AND LANDSCAPING WHICH LES OUTSIDE OF THE FROM SURROUNDING THE STORM/ POND. 3. TRACT 'B' IS A SENSITIVE AREA TRACT AND B HEREBY CONVEYED TO THE HOMEOWNERS' ASSOCIATION DENIED IN NOTE 1. ABOVE, FOR OWNERSHIP AND MAINTENANCE PURPOSES SEE NATIVE GROWTH PROTECTION F/SENENT (HDPE) NOTE BELOW. 5. ALL STORY DRAINAGE EASEMENTS (SDE) ARE HEREBY CONVEYED TO THE CITY OF RENON FOR THE PURPOSE OF SERVING THIS SUBDMSION AND OTHER PROPERTY WITH SIGN DRAINAGE ALSO SEE "EASEMENTS AND RESERVATIONS', AT LER. 6. ALL SANITARY SEWER EASEMENTS (SSE) ARE HEREBY CONVEYED TO THE CITY OF RENON FOR THE PURPOSE OF SERVING THIS SUSDMSDH AND OTHER PROPERTY WITH SEWER SERVICE. ALSO SEF 'EASEMENTS AND RESERVATIONS', AT LER. 7. ALL U ALM EASEMENTS (UE) ARE HERESY RESERVED EQUALLY 70 ILL L'nLMES, BOTH PUBLIC AND PRNATE. FOR ORNERSHP AND MAINTENANCE PURPOSES AAND M ALSO SEE `EASEMENTS ASUNATONS', AT LEFT. e. THE INGRESS/EGRESS A UTILITY EASEMENT O/EALE) WITHIN LOTS 28, 27 AND 29 IS HEREBY CONVEYED WITH AND EQUAL AND UNDMDED INTEREST TO THE OWNERS OF LOTS 27. 28 AND 30 FOR INGRESS/EGRESS AND UTILITY PURPOSES THE OWNERS OF LOTS 27, 28 AND 30 94ALL BE EQUALLY RESPORRM FOR THE YVHTIOUNCE OF THE PRIVATE DRIVE SURFACE AND ANY PRIVATE UTILITIES WHICH LE WTHIN THE EASEMENT AREA A PUBLIC UIMY EASEMENT S HEREBY CONVEYED TO ANY ALL ALL PUBLIC UTILITIES WITHIN SVD CASEMENT AREA ASO SEE 'EkWANTS AND RESERVATIONW. AT LEFT. 9. THE SIDEWALK EASEMENT (SAE) WITHIN TRACT TI' IS HUM CONVEYED TO THE CITY OF RENON FOR PUBLIC SIDEWALK PURPOSES. 10. THE MONUMENT/LANDSCAPE EASEMENTS %OWN HEREON ARE HENRY. CONVEYED TO THE BECLAN HOMEOWNERS ASSOCIATION FOR MAINTENANCE OF THE ENTRY MONUMENT SIGN. LANDSCAPING AND ASSOCIATED FACILITIES WHICH LE WITHIN THE EASEMENT MEAS. 11. ALL NAMING DOWNSPOUTS. FOOTING DRAINS, AND DUNS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS STALL BE CONNECTED TO THE PERMANENT STOMM DRNN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS /365101 ON FILE WITH THE CITY OF RENTON. THIS PLM SHAM BE SUBMITTED WITH ME APPLICATION OF ANY BUILDING POW ALL CONNECTIONS OF THE DRNN5 MUSE BE CONSTRUCTED AND APPROVED PRIOR 70 THE FNA BUILDING INSPECTION APPROVAL FOR THOSE LOIS THAT ARE DESIGNATED FOR INDIVIDUAL LOT INFILTRATION SYSTEMS, THE SYSTEMS SHALL BE CONSNUCIED AT THE TIME OF THE BUILDING PERMIT AND SHALL COMPLY WITH PLUS ON NNE 12. THE APPLICANT OR SUBSEQUENT OWNER SHALL COMPLY WON THE APPLICABLE CITY OF RENIOI TRAFFIC UBCATKN FEE SCHEDULE OR APPLICABLE IMPACT FEE SCHEDULE N PLACE AT TIME Of FEE PAYMENT. THE APPLICANT SHALL PAY THE MTRGATKN OR IMPACT FEE PRIOR TO FINAL PUT APPROVAL 13. EACH LOT OWNER SIL. MAINTAIN TREES LOCATED ON THE OWNER'S LOT AND THOSE TREES WBHN THE STREET RIGHT-OF-WAY ABUTTING THE OWNERS LOT, UNLESS THE CITY OF RENTON HAS ADOPTED A YANIQWOCRIX E PROTREES SHOWN TO BE RETAINED SHALL BE MAINTAINED BY THE MIRE OWNERS OF THE PROPOSED LOS. 14. PROPOM WARN THIS PUT S SUBJECT TO COVIIAOS, CONDITIONS AND RESTRICTIONS. KING COUNTY RECORDING NUMBER 2012 NATIVE GROWTH PROTECTION EASEMENT (NGPE) NOTE THE NATIVE GROWTH PROTECTION EASEMENT (NGPE) IDENOFES THE WEIIAJD AND MOM AREA THE CREATION OF THE NATIVE GROWTH PROTECTION EASEMENT (HOPE) CONVEYS TO THE PUBLIC A BENEFICIAL INTERIM N THE LAND WITHIN THE EASEMENT AREA THIS INTEREST SHALL BE —THE PURPOSE OF PRESQMNG NATAL vHE'rA1NM1 FDR T# CONTROL OF SURFACE WATER AND EROSION, MANTQAIOE OF SLOPE STA3lM. VISUAL AD AURAL BUPFERNC, MD PROTECTION OF PUNT AND ANIMAL HABITAT. THE NATIVE GROWTH PROTECTION EASEMENT 0IPoSES UPON AL PRESENT ND FUNRE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY ME CITY OF RENON, TO LEAVE TITLE NOTES UN MS URGED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMEN AREA THE VEGETATION WITHIN THE HOPE MAY NOT CHICAGO TME INSURANCE COMPANY PUT CERIEIUdE, ORDER NO. 1351178. DATED OCTOBER 19, 2012 BE T N. PRUNED, OWNED N FILL REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY CA 1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY, RESERVING OWNERS' R S SEQ NT OWNS SOARED HERON SRW. APPLY 70 THE ALERTS, RFI'flESONTATNES ND EMPLOYEES O THE OWNERS OR SUBSEQUENT OWNERS OF THE UNDERLYING PROPFITIY.' AND IXCEPITNG FROM 541E LANDS 50 MUCH OR SUCH PORTIONS THEREOF AS ME OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TIRE TO THE USE OF SUCH SURFACE PROCEDURE NARRATIVE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LAGS, INCLUDING LANDS CONTAINING COAL OR NON, FOR THIS PURPOSE OF EXPLORING, A FIELD TRAVERSE USING A 'TROUBLE 5600' TOTAL STATION, NO 'IDS RAFDFR' DATA COLLECTOR SUPPLEMENTED WADI FIELD DEVELOPING AND WORKING THE SAME. RECORDING NUMBER 79509 NOTES WAS PERFORMED, ESTABLISHING THE ANGULAR, DISTANCE. BETWEEN MONUMENTS AND PROPERTY LINES AS SHOWN F$EON THE RESULTING DATA YETIS OR OR EXCEEDS THE STALARDS TOR LAND BOUNDARY SURVEYS AS SE FORM N WAC 2. COVENAlIS, CONDITIONS, RESEMCRONS, f"ASEMQTS, NOTES, DEDICATIONS AND SETBACKS, E ANY, SET Qtyd1 IN OR DELINEATED ON SAID SHORT PUT RECORDED UNDER RECORDING NUMBER 8909120157. F�. ++..,� HORIZO - DA11N11� BAST$ OF BEARINGS 3. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED Wanni THY FOt Tis PROJECT 6 NW83/91 PER CM OF PENTON CITY OF RENON CONTROL PON NO. 478 WAS �: ,( ,,TROY CITY OF PENTON CONTROL POINT NO. 478 TO CM OF RENTOR CONTROL POINT NO. 1852 GRANTEE KING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4918232 W'� HE1D 4. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN JOB NO. 15615 ) D®: GRANTEE: KING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4918233 OCT 31 Z01; C/ Barghausen 5. TERMS D CONDITIONS OF CITY OF RENTON ORDINANCE NO 4612, ORDINANCE ESTABLISHING AN ASSESSMENT AN DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATH DOWNS, AND M APLEWOOD SUB -BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES: a0. ( �P W{ ASy (DD O�rA' 4�� Consulting En ineers,lnc. 9 9 Civil Engineering, Land Planning, Surve ing, En*ori nentd S"ce6 RECORDED: JUNE 21, 1996 RECORDING NUMBER: 9606210966 Il�f} J ,fW �``4r'•K. '��_� 18215 72nd Avenue South Kent, WA 98032 Telephone: (425) 251-6222 Fax (425) 251-8782 6-10. NOT APPLICABLE TO BE SHOWN ON SURVEY. ! r� l �� n [� /] 1111 V y 46331 7 paA FISTf4�c5J�i ' PORT. NWU4 OF NEW, SEC. 15, T23N-R5E, W.M. ( LAID 10/29/12 SHEET 2 OF 3 BECLAN (AKA BECLAN PLACE) x'073041 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON NDND Y SURFACE 0110 BSR FFID fL K a K fiN Sf FOND 1-I/Y MNI 015R - 10 AT NM RE 41N Ad _ xoaav IME R 15 880.84' — ——NBB'21'OB^M 2842.57 880.84'— FOUND Y $UIFICE GASB DSKMum Immm FOND Y MACEBRA55 05K I 1 1321.29' I Cm 11 RENTON CONTROL KNT MDNREIR MEST SSE OF NE NO. 1881 (JIVE 2112] 1 4TH ST A HOOLUM AVE SU40'56t 1889' TIMI NT/4 CORER , i N — _ "B23'O6'E 11322.39' ` 881.19' I �I SITE I sl _ 66,_75• R 1` S88'25'05'E 1323.49' N.E. I FORD IIOMADif N GSE Y (ANSI' W/ PLe811 ML 0.70, OJC N. OF TIEC ETICV. CENTER 1 (NOT) REOEIICIL) — — — 132570' — Vicinity Mop Scale N.T.S. NE 47H ST. NE 3TD PL NE 3R0 ST. SffE \71 R G NE 3RD ST. NE 218) PL RE 71U ST. NE 15f CT HE15f STSE 1347H STS sr s sE 2ND u SE 2ND PL C� RECORDING CERTIFICATE FLED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THS—DAY OF 20—, AT MINUTES PAST M. IN VOLUME—OF PUTS AT PAGES RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS 10 11 la TOM 3' SORIfE BRASETSK OW NMIAENT W/A O WROaM'IION OF WE Mt KE ANE47H9T. CRN' OF ROOM CONTROL — 1O. 1852 (IED FOR R0g71@N) (ARE 20121 I ;j N a SW25'05'E 1323.49' E i I I I �IN I I FONDMIDNIAEIR 11 GSE '_1A P W/FSUO OL 1N M 80X JERTOO AYE NT a 144TH ME SE 1325.70' NW29'01'W 2851.39' — I� I TOAD I' P 5E0NC' 15 14 AO� LEGEND � W - E + —SECTION CORER AS NOTED FOUND FQ;R_R enton Planning Division S 0 100 200 4001 SCAT 1" = 200' OCT 3 1 1012 JOB NO. 15615 LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY DW THIS PUT OF BECLAN (MA BECLW PUCE) a O' C14 B+argha�6� usen 6 BASED UPON AN ACTUAL SURVEY AND SUBDMSKN OF SECTION Qom? OF ATy�S,C)7� Veers,inG. 15, TOWNSHIP 23 NORTH, RANGE 5 LAST, W.N., THAT THE COURSES 0 c, .c GW1d Services AND DISTANCES ARE SHOWN CORRECTLY THEREON: THAT TIE •` 1821 7 MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS .n� r Y;.1 �. Tekpll011 STAKED CORRECTLY ON THE GROUND AND THAT I HAVE FULLY - COHRIED WITH THE PROVISIONS OF THE PUTTING REGULATIONS. ryF46315SQ rP� PORT. NWV4 OF NEW, SEC. 15, T2305E, W.M. Jj� 6I ST LS SJ 1029112 y4! LAAO &i�iN D GILLtIOLY, PLS N^.. 46315 1029/12 SHEET 1 OF 3 i 17 3.60, 9 FOUND NONEUM AS NOTED N09'OB 24 227'.- �. BECLAN (AKA BECLAN PLACE) �n.07 0"041 I/Ek1E z4. SDE PUBLIC SM DRWAGE EASE31ENT J0 W 7, w 44J" 20 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF /16TH JTRACT a 9, 1 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN k7D RESERVATMM7 , SHEET 2) e-B2o'z4 L=9.75' CITY OF RENTON, KING COUNTY, WASHINGTON TO= SEM R, OCASE Y BRASSY DN. .W �BI� ((KSEE�/FLATESHEET 2I SPIE E ' I I I FOUND 5/8• REBAR/CAP UNPLATTED I UNPLATTED I UNPLA77ED I 0.5'1: •BONES 2W. OF CORN R. O TION W. di CORNER POSITION ENpSCIPE/JmR AT RM JFAIC4YID AVE ING E & TR a HE 3RD STREET V °W 0_ -25'000001113' NF2'W4 .10' / SSMDS'E 239.16' \ 9282 y,� &Sp 9157' - - _ S6F23.06'.E 37201' _ S. E81E NEI/4 NW1/4 NEI/4 - - T- �VES 46E 17 3.60, 9 FOUND NONEUM AS NOTED N09'OB 24 227'.- �. • CITY OF RENTON ST44M ROAD NONIAENT TO 30 BE SET AS CONSrRLcn N IS C01E1E'IED I/Ek1E z4. SDE PUBLIC SM DRWAGE EASE31ENT J0 W 7, w 44J" 20 LET I SSE /0.758' /16TH JTRACT a 9, 1 UE UTILITY SEE FTOIEE 7y k %ASSENTS N / k7D RESERVATMM7 , SHEET 2) e-B2o'z4 L=9.75' _ SENSIIhE NFA '^ a/ �BI� ((KSEE�/FLATESHEET 2I SPIE E (� NOTE 9. SHEET 2) N4 O 62 ENpSCIPE/JmR 2E 15'1 cs.P• gjw e9p V °W 0_ -25'000001113' NF2'W4 .10' / ^' 7,aM �. f7. 0® ADDRESS AS PROADED B7 THE CITY AT BRIT JmdNo AVE NE k 7.W02m R. R - • SOS,SS49 NE 7ND Cf. - 9 27 EASMEO 8" • •' DETDL T#lAM _ / 476b m ff. ®.i9.079 29 *• l ® I m fE�� 49'51 4972 SEL f7. 2156 • ® / y / I/EAUE m f7. I I LOT 2 e 'Pf SK17*09 �i• /� FOUND INHNUI4EM 18.]5' 2• BRASSYCASE 1 . 0ETA4 _SEE 9'30Y5'E 101.02' W/7C DK 0. Se 'a momw AVE NE 4796 ,b / DETNL BELOW 28 SBW23'00'E 3425.0' k 2ND PL NE G / 8 TO f/ 76M UNE d 44M m EL UEkUE 6175 6475' 6425' 85.25 69.77• NE 2PD CST. � SBF7S05'E 09.90' L�3g / 00000 � 97 tj�7' 0J O `�' 125 SDE 475 m R. atiJg 175 d O•. 54.20' 1 ;°p C2 0 ~ Go 25 465. m it 24 I �I 23 2? 20 �.• c OOOOD % 7,97J m FT. 6.�5 m FT.. -y 8,7ea 92 f7. 1� 415?11n. i/ 4871 92 F7. �y \ �S D0000 I �I ® ® OOOOD ®' uNDSCArE td 111 ,9-s' . 71_ EASNLM ',a I 9.051 m F7. p 10_UE n 00000 m V v 54.66' 4 83.7 ' 8475' 6425 ITS25' ,p 56.98' 4 ;0 II 7.V1 92 R. '�F,"'r'7' BB.W a'$ _ SBB'25'OS'E 421J7 TO 1/16M IHE - 13.53�� b 00000 �, Cy 427.25' 10 CENIEPINE 63 00 0. 59.90' 10 UE SBS25'0.5'E 11248' 175.3• h` h __ NE 2ND STREET 38FZIb6'E 6W31' (CA3 _ CENRRI9E _ - SBFT 0.5TE 661.75 SEC) - L� FOUND MONUMENT IN CASE 1/16RI l7EJ 2• BRASSY W/PUNCH I4AJM •19806' ON. O5D' AT RM NE 2710 STREET & NDDUIw AVE RE (HELD FOR C/L) 30 17 3.60, 9 FOUND NONEUM AS NOTED N09'OB 24 227'.- �. • CITY OF RENTON ST44M ROAD NONIAENT TO 29 BE SET AS CONSrRLcn N IS C01E1E'IED I/Ek1E z4. SDE PUBLIC SM DRWAGE EASE31ENT I4' (SEE PAT NOTE 5, SHEET 2) N SSE FLOW SWART SEWER EASEFIENT SSE /0.758' IY'V 7,212 m f/.IF N51'30'O6i 70• 22 IT b' / UE UTILITY SEE FTOIEE 7y k %ASSENTS N / k7D RESERVATMM7 , SHEET 2) e-B2o'z4 L=9.75' IVFME UTILITY Mak a/ �BI� ((KSEE�/FLATESHEET 2I SPIE E (� NOTE 9. SHEET 2) g ENpSCIPE/JmR -25'000001113' `1- R f7. ^' 7,aM �. f7. 0® ADDRESS AS PROADED B7 THE CITY 7.W02m R. 11 0 25 0 9 n EASMEO 8" ®.i9.079 ldaa m R. m fE�� m f7. to7,77J m R. SBF25'05'E W.00' SBW25'O5'E W.W' W25.O5T® W_W. 4t2 SBF25'05i 5'05'E 42P� SBB'25'05'E 6255 60.00' W.W �W W.00' .00' 71_ S8825'05'E 109.97.00' BB.W a'$ $TRACT AAiB1�9E st foEmmn�ioN 7ka7 sa Fr5 4 7,6W92ff. 7eWmR - 1 1s / R/W PER NEC. ® rj �mfT. ® X 00000 O ® 7xW92 FT. g,OER VARI I N0. 8908120157 �^ �. N 00000 N € I _L IF1.71 NE 2ND STREET 38FZIb6'E 6W31' (CA3 _ CENRRI9E _ - SBFT 0.5TE 661.75 SEC) - L� FOUND MONUMENT IN CASE 1/16RI l7EJ 2• BRASSY W/PUNCH I4AJM •19806' ON. O5D' AT RM NE 2710 STREET & NDDUIw AVE RE (HELD FOR C/L) 30 LEGEND 3.60, 9 FOUND NONEUM AS NOTED N09'OB 24 227'.- �. • CITY OF RENTON ST44M ROAD NONIAENT TO 29 BE SET AS CONSrRLcn N IS C01E1E'IED I/Ek1E z4. SDE PUBLIC SM DRWAGE EASE31ENT I4' (SEE PAT NOTE 5, SHEET 2) N SSE FLOW SWART SEWER EASEFIENT SSE /0.758' (SEE PAT NOTE 0. SHEEP 2) N51'30'O6i 70• 22 IT b' / UE UTILITY SEE FTOIEE 7y k %ASSENTS N / k7D RESERVATMM7 , SHEET 2) e-B2o'z4 L=9.75' IVFME UTILITY Mak a/ �BI� ((KSEE�/FLATESHEET 2I SPIE E (� NOTE 9. SHEET 2) 7' 'Hf (NOMMFNT/LAHASCJiPE ■U 0® ADDRESS AS PROADED B7 THE CITY OF RENTON O. TREES TO BE REIA ED 0 25 0 100 SCALE: 1" 50' NE 2ND STREET 38FZIb6'E 6W31' (CA3 _ CENRRI9E _ - SBFT 0.5TE 661.75 SEC) - L� FOUND MONUMENT IN CASE 1/16RI l7EJ 2• BRASSY W/PUNCH I4AJM •19806' ON. O5D' AT RM NE 2710 STREET & NDDUIw AVE RE (HELD FOR C/L) 30 28 3.60, CI N09'OB 24 227'.- �. / SSE 29 27 I/Ek1E z4. '15.47' I4' SIW24V W /70 15.87' SSE /0.758' C7 N51'30'O6i 70• 22 IT b' / CB N / I/EkUE e-B2o'z4 L=9.75' 28 ROW DEDICAtION 70 CRY OF REMON City Of Renton Planning Division OCT 31 1011 C9 --- 23.8, �1 T�� C10 91'09'18•(j 7YE 91'09'16' V B .15615 a E. c1t, Barghausen a��p1y^3y7y$�� Consulting Engineers,inc. f . CW Engineering, Land Plennily, Surveying, En�ronmenld Service9 ,�l„-'• ; 18215 72nd Avenue SouU Kent WA 98032 Telephone: (425) 251-6222 Fan (425) 251-8782 i " c5STEaVPORT. NWV4 OF NEV4, SEC. 15, T23+115E, W,IFi, ssip4,Al V E LAND 10/29/12 SHEET 3 OF 3 CURVE TABLE CURVE I LENGTH RADIUS DELTA CI 23.85' 1500' 91'0620' C2 O52' 25.00' 1.11159' C3 2485' 25.00' 47.02Y C4 50.87' 67.00' 4630'02' C5 442' 67.00' 5'29'20' C6 217• 25.00' 4W59'22' C7 9'56'5•' CB 9'02'24' M15-91-09-16-� ROW DEDICAtION 70 CRY OF REMON City Of Renton Planning Division OCT 31 1011 C9 --- 23.8, �1 T�� C10 91'09'18•(j 7YE 91'09'16' V B .15615 a E. c1t, Barghausen a��p1y^3y7y$�� Consulting Engineers,inc. f . CW Engineering, Land Plennily, Surveying, En�ronmenld Service9 ,�l„-'• ; 18215 72nd Avenue SouU Kent WA 98032 Telephone: (425) 251-6222 Fan (425) 251-8782 i " c5STEaVPORT. 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P saes K6E 4K 80052 S 20 T i.$& : (425; x51-8x22 F- (425) 251-8782 o ,00 oJ�` iiS1L+��cO` PORT, MV4 OF WV4, SEC. 15, T0415E,111 SCALE 1" - 50' `+� k- E6h0 2 SHEET 3 OF 3 00, B 0goo vov � 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 f BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Beclan Place } FINAL PLAT APPROVAL Final Plat ) LUA 12-094FP ) Summary The Applicant has applied for final plat approval for the Beclan Place 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. March 19, 2013 memo from Jan Illian to Phil Olbrechts. 2. March 19, 2013 staff report. 3. Plat Map 4. June 27, 2012 Minor Amendment FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Findings of Fact Procedural: 1. Applicant. Quadrant Corporation 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The Applicant is requesting final plat approval for a 30 lot subdivision. The City of Renton Hearing Examiner approved the preliminary plat on August 14, 2007 and amendments to the plat were approved by minor amendment on June 27, 2012. The final plat encompasses 7.1 acres. It is located at 255 Jericho 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 with the exception of Finding I I (c). The applicant has installed parking signs as required by the preliminary plat conditions of approval. 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 26 The final plat application is approved, subject to the following conditions: FINAL PLAT - 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff , with the posting of adequate security, prior to the recording of the plat. Dated this 1 lth day of April, 2013. 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 — 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 . . .............. ........ .. - �k; c 6tate of 3Da541" u gto H 'In�ec reta rx!' 01 *State 1, SAM REED, Secretary of State of the State of Washington and custodian of its sea], hereby issue this CERTIFICATE OF INCORPORATION to BECLAN HOMEOWNERS ASSOCIATION alan WA Non -Profit Corporation. Charter documents are effective on the date indicated below. Date: 101/2312012 1_1131 Number: 603-247-888 o" Oil_ Sl.itl' City of DEPARTMENT OF COMMUNITY , ` AND ECONOMIC DEVELOPMENT ly � �. M E M O R A N D U M DATE: April 9, 2013 TO: Bob MacOnie, Technical Services FROM: Jan Illian, Plan Review 9k SUBJECT: BECLAN PLACE FINAL PLAT LUA 12-094 FP 255 —Jericho Ave NE Enclosed are the latest corrections to the final plat per your memo dated December 4, 2012. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thankyou Approval: cc: Yellow File DEPARTMENT OF COMMUNITY p it Of�(qa, AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: March 19, 2013 TO: Phil Olbrechts, Hearing Examiner FROM: Jan Illian, x7216 SUBJECT: BECLAN FINAL PLAT LUA 12-094FP (Preliminary Plat LUA07-041) Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for review. I am the project manager and I am in the process of finalizing all required paperwork. I recommend that the Hearing Examiner 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. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or materials are required. Thank you. Cc: Neil Watts, Development Services Director Kayren Kittrick, Development Engineering Supervisor DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Quadrant Corporation Beclan Place Final Plat (Preliminary Plat LUA07-041) File: LUA 12-094FP LOCATION: 255—Jericho Av NE NE Y4 Section 15, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 30 single family residential lots, one drainage tract, one sensitive area tract with sewer, storm, streets, and lighting. Water is WD #90. RECOMMENDATION: Approve With Conditions FINDINGS CONCLUSIONS & RECOMMENDATION Having reviewed the record documents In this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Quadrant Corporation filed a request for approval of a 30 lot final plat and two tracts. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on July 9, 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 255- Jericho Ave NE. The new plat is located in Section 15, Twp. 23 N. Rng. 5 E. 6. The subject site is a 7.1 acre parcel. 7. The Preliminary Plat received approval from the Hearing Examiner on August 14, 2007. 8. The property is located within the R-5 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a. The applicant shall comply with the recommendations found in the geotechnical report prepared by Icicle Creek Engineers, dated May 17, 2006. Response: All applicable recommendations from the geotechnical report have been implemented. b. 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 II of the most current Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Response: Erosion control was installed and met the requirement of the NPDES permit. c. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control — a.k.a. Level 2) and water quality improvements. Response: The storm facility was designed to comply with the 2005 KCSWM. d. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. The fee is estimated at $15,922.80. Response: The fees have been paid in full. e. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat. It is anticipated that the proposed project would result in the payment of $21,532.50 (287.1 net new daily trips x $75 = $21,532.50). Response: The fees have been paid in full. f. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. The fee is estimated at $14,640 ($488 x 30 = $14,640). Response: The fees have been paid in full. 11. In addition, the applicant has complied with the conditions as a result of the preliminary plat approval, as amended In an approved minor amendment issued June 27, 2012 (copy attached): a. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on July 9, 2007. Response: Applicant has complied with the ERC conditions noted above. b. A revised landscape plan shall be submitted prior to final plat approval to the Development Service Division project manager for review and approval. The revised landscape plan shall include one additional tree within the front yard area of Lot 27 and two trees within the front yard areas of Lots 28, 30, and 31. Response: A revised landscape plan providing additional trees to the front yards of lots 27, 28, 29 and 30 was submitted and approved. c. The applicant shall be required to place "No Parking" signage along the 26 -foot wide private access easement prior to final plat approval. Response: No Parking signs have been installed. d. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Response: A copy of the Certificate of Incorporation and the CCRs has been submitted. e. All future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. The houses shall otherwise be in conformance with applicable vested R -S zoning setback requirements and other associated land use standards for development.. Response: This condition will be applied to all future building permits issued on the newly created lots. f. A Native Growth Protection Easement shall be recorded over the wetland and buffer area (Tract B) prior to or concurrent with the recording of the final plat map. Response: The HDPE will be recorded concurrently with the plat. g. The edge of the wetland and stream buffers shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. Response: The split rail fence and appropriate signage has been installed to the satisfaction of the planning department. h. The trees proposed to be retained throughout the project shall be shown on each of the plan sheets submitted as a part of the Utility Construction Permit Application and protection w measures for the trees to ensure survival during construction of the project shall be submitted for review and approval by the Development Services Division project manager prior to the issuance of a Utility Construction Permit. Response: A tree preservation plan was submitted, approved, implemented and monitored during construction. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the Hearing Examiner.. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 19`h DAY OF March, 2013 ELOPMENT SERVICES DIVISION 0 Jan Illian From: Corey W Thomas Sent: Monday, April 22, 2013 11:23 AM To: Jan Illian Subject: RE: Beclan Place Approval Good to go. From: Jan Illian Sent: Monday, April 22, 2013 9:36 AM To: Jennifer T. Henning; Corey W Thomas Subject: Beclan Place Approval HI Jennifer and Corey, I am getting ready to send Beclan Place up to the Clerk's office for recording. Do I have your approvals to do so? 14JGa*V II f tV City of Renton Development Services 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov p t it M 1 Jan Illian From: Jennifer T. Henning Sent: Monday, April 22, 2013 12:32 PM To: Jan Illian Subject: Beclan Place Final Plat Jan, My concerns have been addressed, and the plat is good to go from the Planning Division's perspective. Jennifer Henning, A/CP Current Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 BECLAN PLACE FINAL PLAT LUA12-094 FP As Built mylars submitted As Built street light mylars submitted. Street lighting finaled. Monument cards submitted Inspector signed off construction permit Final Cost Data, Bill of Sale, and Maintenance Bond posted All applicable permit fees are paid Planner approved final plat All wetland plans, construction issues approved Technical Services recommends approval Check for courier HOA and CRRs approved Fire approval received. Two year Maintenance and Defect Bond in place Jan Illian From: Corey W Thomas Sent: Monday, April 22, 2013 11:23 AM To: Jan Illian Subject: RE: Beclan Place Approval Good to go. From: Jan Illian Sent: Monday, April 22, 2013 9:36 AM To: Jennifer T. Henning; Corey W Thomas Subject: Beclan Place Approval HI Jennifer and Corey, I am getting ready to send Beclan Place up to the Clerk's office for recording. Do I have your approvals to do so? City of Renton Development Services 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: iillian@rentonwa.gov 000 i «t 1 Denis Law Mayor December 20, 2012 Wayne Potter Novastar Development, Inc. 18215-72 nd Ave South Kent, WA 98032 Cl O� . N . INV Department of Community and Economic Development C.E."Chip"Vincent, Administrator SUBJECT: Status Report of BECLAN PLACE FINAL PLAT File No. LUA12-094 FP Wayne, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for a second review before project closeout can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Please use this letter as a checklist to move the project forward towards final recording. Property Services Comments Property Services has reviewed the final plat submittal and has provided the following comments: 1. Note the City of Renton land use action number and land record number, LUA-12-094-FP and LND-10-0460, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided changed when this subdivision moved from preliminary to final plat status. 2. Indicate what has been, or is to be, set at the corners of the proposed lots. 3. The lot addresses are attached; note said addresses and the street name on the plat drawing. 4. Remove the TREES TO BE RETAINED symbols from the drawing and the"LEGEND" block on sheet 3 of 3. 5. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. Planning Comments Jennifer Henning has reviewed the final plat submittal and has provided the following planning comments: 1. The following lots need to be revised to have a minimum width of 70 feet to meet minimum lot width for corner lots: Lot 1 and 20. And, several lots are irregular in shape, and some of these do not appear to meet the minimum lot width. Please provide the lot width for Lots 19, 25, and 26. City Code provides the following definitions for calculating lot width: Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov acclan Place Final Plat December 20, 2012 Page 2 LOT MEASUREMENTS - MINIMUM WIDTH: Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). (Ord. 4522, 6-5-1995) Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. 2. Please provide a sign off from Jennifer Henning approving the landscape plan. 3. A split rail fence is required around the edge of the wetland and buffer installed prior to recording of the plat. Fire Comments Corey Thomas has reviewed the final plat submittal and has provided the following fire comments: 1. Install hydrant markers and strip any fire lanes as needed. 2. Pay Fire Mitigation fees prior to recording of the plat. Transportation Comments 1. Payment of impact fees is required prior to recording of the plat. Payment of impact fees may be deferred at building permit stage, only if the applicant submits a signed and notarized application and acknowledgement form and record's a covenant and lien and pays a non-refundable administration, prior to recording of the plat . Maintenance Agreement for Stormwater 1. The City attorney will review the CC&R's. Stormwater Comments 1. Please add the following language on the face of the plat: • Please address the flow control BMP requirement applicable on each individual lot by selecting the flow control BMP to be implemented before plat recording. Note the BMPs on the face of the plat. • Single family residences and other improvements constructed on the lots created by this subdivision must implement the flow control best management practices stipulated in the approved drainage study and plans No. on file with the City of Renton and as listed in the table below as well as any declaration of covenants and grants of easement recorded hereon. • All drainage easements within this plat, not shown as "PRIVATE" are hereby granted and conveyed to the City of Renton, a municipal corporation, for the purposes of conveying, storing, managing, and facilitating storm and surface water per the engineering plans approved for this Plat by the City of Renton together with the right of reasonable access (ingress and egress), to enter said drainage easement for purposes of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Note: except for those facilities which have been formally accepted for maintenance by the City of Renton, maintenance of drainage facilities on private property is the responsibility of the property owner(s). Seclan Place Final Plat December 20, 2012 Page 3 • The private drainage easement shown on Lots is for the benefit of Lots . The owner(s) of said lots shall be responsible for the maintenance of that portion of the drainage facilities they have benefit of use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common. • Private drainage easement: The owner(s) of private property within this plat encumbered with drainage easements shown as "private" hereby 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 (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. The owner(s) of said private property, single and several, are responsible for operating, maintaining, and repairing the drainage facilities 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. • 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. • The owner(s.) of private property within this plat encumbered with drainage facilities required by plat design, covenant or condition, hereby grant and convey to the City of Renton, a political subdivision of the state of Washington, the right of reasonable access (ingress and egress) to enter said property for the purpose of observing that the owner(s) are properly operating and maintaining the drainage facilities " contained therein. • The owner(s)s of said private property shall retain, uphold, protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the drainage study and plans No. on file with the City of Renton. • The owner(s)s of said private property are responsible for operating, maintaining, and repairing the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs") contained on said private property and are hereby required to obtain any required permits or permission from the City of Renton prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as rain gardens, etc.) or performing any alterations or modifications to the drainage facilities and/or designated flow paths contained within the private property. This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. Utility Improvements Punchlist Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Steve Pinkham, 206-999-1832. Reclan Place Final Plat December 20, 2012 Page 4 The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. Street lighting I am not aware of street lighting status. Please provide an update. A separate lighting permit was issued. This will need to be signed off. An electrical permit is also required. As -Built Submittal The construction plan mylars must be checked -out from the sixth floor Public Works counter and updated or replaced with a complete As -Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As -Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water main, sanitary sewer, and storm drainage systems easements, which shall be consistent with the As -Built location of the utility. Once the above have been addressed, submit one set of As -Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS -BUILT" in a large block letters and stamped by a PE or PLS. Construction Cost Data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory`Form. Include street lighting,. sidewalk, and pipe systems to be owned and maintained by the City. Do not include side sewers or any constructed improvements not to be owned by the City of Renton. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the sewer, storm, street, sidewalk, curb and gutter and street lighting costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Section has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". All Fees Paid All outstanding mitigation fees including Transportation, Fire, Parks, etc. and any outstanding special assessment fees for each new single-family lot will be required to be paid prior to recording of the plat. Ensure any overtime inspection billed to the job is paid. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Y Erclan Place Final Plat December 20, 2012 Page 5 Please submit all correspondence and revisions _ to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425-430-7216. Sincerely, ;an Illian City of Renton Development Services 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov cc: Kayren Kittrick Jennifer Henning Bob MacOnie Steve Pinkham File City of DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: April 9, 2013 TO: Bob MacOnie, Technical Services FROM: Jan Illian, Plan Review Q SUBJECT: BECLAN PLACE FINAL PLAT LUA 12-094 FP 255 —Jericho Ave NE Enclosed are the latest corrections to the final plat per your memo dated December 4, 2012. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thank you Approval: / " \ F , Name Title cc: Yellow File ate Clerk's Office. Name. _ Beclan Place Final Plat LUA (file) IISluntber: LUA-1.2-094, FP . croso-swoenvis' LUA07-041 1Proj AKA's: Project Manager: Jan Illlan Acceptance Date: November 15, 2012 401cwtv. Corey Wagon, quadrant Corp. Owner: Same,as �.pplict contact: Wayne 'poke!`, Mostar Dev. Inc. I -ID Numbir: 1523059064; l.S 059065;, 1523p59090,-1523059116 RRC DePisien Date: EAC Appeal Date:, Adminlstretive 'Dental:. Appeat'Period End*:., PublI iHearing Date: Dat�e}}pp+ealed t4 H: HEX Ded,slon, Approved`with'>tvvp conditions" Qata: April 11, 2013 Date Appeafed to C"Pldf Ply Whom: - couCnc ilt Declollom Date: MylanRecording, Number: Project Ib+awiption: 30 lot single family subdivision. The plat includes the installation of santitary sewer, storm drainage, storm pond, roads and street lighting. Water Is Water District 90. i.ocation: 219 & 255 Jericho Avenue NE CO[n�l'1l1�$: A DEPARTMENT OF COMMUNITY D � lty of ��O� . AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 14, 2012 TO: Jan Illian, Plan Review Engineering FROM: Jennifer Henning, Current Planning Manager SUBJECT: Beclan Place Final Plat Comments (LUA12-094, FP) I've reviewed the final plat submittals for Beclan Place and have the following comments: The plat is vested to the Residential -5 du/ac (R-5) standards as follows: Maximum Density: 5 dwelling units per acre Minimum Lot Size: 7,200 square feet Minimum Lot Width: 60 feet for interior lots, 70 feet for corner lots Minimum Lot Depth: 70 feet Minimum Front Yard. 15 feet for a primary structure; 20 feet for an attached or detached garage. For a unit with alley access garage, the front yard setback for the primary structure shall be reduced to 10 feet if all parking is provide in the rear yard of the lot with access from a public right-of-way or alley. Side Yard Along a Street. 15 feet Minimum Side Yard. 5 feet 1. The following lots must include a notation of net and gross area, as the private street/access easement is deducted from the area of the lot: Lots 26, 27, and 29. The net area must be at least 7,200 square feet. 2. The followine lots need to be revised to have a minimum width of 70 feet to meet minimum lot width for corner lots: Lot 1 and 20. And, several lots are irregular in shape, and some of these do not appear to meet the minimum lot width. Please provide the lot width for Lots 19, 25, and 26. City Code provides the following definitions for calculating lot width: LOT MEASUREMENTS- MINIMUM WIDTH: Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle hAced\planning\current planning\projects\12-094.jan\planning comments.docx Jan Illian Page 2 of 2 December 14, 2012 of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). (Ord. 4522, 6-5-1995) Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. rout Cot Cite STREET Pipestem Width and Length: The pipestem shall not exceed one hundred fifty feet (150') in length and not be less than twenty feet (20') in width. The portion of the lot narrower than eighty percent (80%) of the minimum permitted width shall not be used for lot area calculations nor for measurement of required front yard setbacks. Land area included in private access easements shall not be included in lot area calculations. 3. A split rail fence is required around the edge of the wetland and buffer installed prior to recording of the plat. hAced\planning\current planning\projects\12-094.jan\planning comments.docx City of ,..nton Department of Community & Economic Dc—lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: �I 1 PWI COMMENTS DUE: NOVEMBER 30, 2012 APPLICATION NO: LUA12-094, FP DATE CIRCULATED: NOVEMBER 15, 2012 APPLICANT: Corey Watson - Quadrant Corporation PROJECT MANAGER: Jan Illian PROJECT TITLE: Beclan Place Final Plat PROJECT REVIEWER: Jennifer Henning SITE AREA: 308,616 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 219 & 255 Jericho Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: Beclan Final Plat. 30 lot single family subdivision. The plat includes the installation of sanitary sewer, storm drainage, storm pond, roads and street lighting. Water is Water District 90. 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 C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with p rticular attention to those areas in which we have expertise and have identified areas of probable impact or areas when additional information is eeded toycep rl assess this proposal. r1✓ki✓'' Signature of Gfiector or A orized Representative Date 01 DEPARTMENT OF COMMUNITY City of AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 4, 2012 TO: Jan Illian FROM: Bob Mac Onie � SUBJECT: Beclan, LUA-12-094-FP Format and Legal Description Review have reviewed the above referenced final plat submittal and have the following comments: Note the City of Renton land use action number and land record number, LUA-12-094- FP and LND-10-0460, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided changed when this subdivision moved from preliminary to final plat status. Indicate what has been, or is to be, set at the corners of the proposed lots. The lot addresses are attached; note said addresses and the street name on the plat drawing. Remove the TREES TO BE RETAINED symbols from the drawing and the"LEGEND" block on sheet 3 of 3. hAfile sys\lnd - land subdivision & surveying records\lnd-10 - plats\0460(beclan place)\ry121203.doc R�2ab s�j MIA BECLAN (AKA BECLAN PLACE)LUA 07-041 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON �f r.r• .i -iJ =-E E 4 (� (�1+0 Mm 01Y OF FATd ROYM ALO WM111E).T p N 50 AS COMMM a C%ftM 90 sc Kax saw vwda usual pm nu 101 S, sm n im SSE FAC N Rld 5*nWSM 7j ` 6, 9EII i4 `E Wransr a Tumalx sm nTuin sa M 111h Sar ) V K AR WM XM AS AiuW BY W Ott uOFMM S Oy VWaKFUM SCALE: t" - 50' "o (-el tai,+ "cl hr. -2- 19 Je r I G h o PN if t\J P- PORT. NVA O 4, O15, F T3-RbE,11N City of Renton Department of Community & Economic De—lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: V(-0'0 v COMMENTS DUE: NOVEMBER 30, 2012 APPLICATION NO: LUA12-094, FP DATE CIRCULATED: NOVEMBER 15, 2012 APPLICANT: Corey Watson - Quadrant Corporation PROJECT MANAGER: Jan Illian PROJECT TITLE: Beclan Place Final Plat PROJECT REVIEWER: Jennifer Henning SITE AREA: 308,616 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 219 & 255 Jericho Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: Beclan Final Plat. 30 lot single family subdivision. The plat includes the installation of sanitary sewer, storm drainage, storm pond, roads and street lighting. Water is Water District 90. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14 000 Feet C. CODE -RELATED COMMENTS G� Gti J We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whergiuidiDtional inf, r eeded roperly assess this proposal. - �� 7—v17� Signature of Dir or or Authorized Representative Date City of Renton Department of Community & Economic DdIvelopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 30, 2012 APPLICATION NO: LUA12-094, FP DATE CIRCULATED: NOVEMBER 15, 2012 APPLICANT: Corey Watson - Quadrant Corporation PROJECT MANAGER: Jan Illian PROJECT TITLE: Beclan Place Final Plat PROJECT REVIEWER: Jennifer Henning SITE AREA: 308,616 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 219 & 255 Jericho Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: Beclan Final Plat. 30 lot single family subdivision. The plat includes the installation of sanitary sewer, storm drainage, storm pond, roads and street lighting. Water is Water District 90. 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 8. 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 14,000 Feet Ale, ge r C. CODE -RELATED COMMENTS p � We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly ss; ess this proposal. Signature of Director or Authorized Representative Date Denis Law Clty Mayor IV Y� Department of Community and Economic Development November 15, 2012 C.E."Chip"Vincent, Administrator Wayne Potter Novastar Development, Inc. 18215 72"d Avenue 5 Kent, WA 98032 Subject: Notice of Complete Application Beclan Place. Final Plat, LUA12-094, FP Dear Mr. Potter: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted, for review. You will be notified if any additional information is required to continue processing your application. Please contact me at. (425),430-7216 if you have any questions. Sincerely, Jan Illian Project Manager cc: Corey. Watson - Quadrant Corporation / owner(s) - Renton City Hall 1055 South Grady Way Renton, Washington 98057 • rentonwa.gov Jennifer T. Henning, AICP Current Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 REAL ESTATE INVESTMENTS, LAND DEVELOPMENT, PROJECT MANAGEMENT October 31, 2012 RE: Final Plat Submittal — Beclan (a.k.a. Beclan Place) 255 Jericho Avenue N.E., Renton, Washington Our Job No. 9172 Dear Jennifer: City Of R�' pant nnin9 ©mint o'7 OCT 31 1011 u ) ec OvieDo On behalf of our client, The Quadrant Corporation, we are enclosing the following documents for your review and approval of the final plat application for the Plat of Beclan: • Five (5) copies of the statement detailing how all Conditions of Plat Approval have been addressed • Three (3) copies of the current Plat Certificate dated October 25, 2012 • Five (5) copies of each of the title encumbrances • One (1) original and five (5) copies of the completed City of Renton Master Application form (attached to the application is the proof of corporate signing authority and property legal description) • One (1) copy of the Post Office approval of mailbox locations • Four (4) copies of the draft CC&R's • One (1) check in the amount of $1,545 for the submittal fee • Five (5) copies of the Neighborhood Detail Map • Five (5) copies of the Density Worksheet • Five (5) copies of the Final Plat Map prepared by Barghausen Consulting Engineers, Inc. dated October 26, 2012 • Three (3) copies of the Detailed Landscape Plan • Three (3) copies of the Irrigation Sprinkler Plan • Three (3) copies of the complete field calculations 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6110 (425) 251-8782 FAX WWW.NOVASTARDEV.COM Jennifer T. Henning, AICP Current Planning Manager City of Renton Planning Division - 2 - October 31, 2012 • Three (3) copies of the Certificate of Incorporation for the Beclan Place Homeowner's Association • One (1) 8 1/2- by 11 -inch legible reduction of each full-size plan sheet (photographic reduction) and one (1) 8 1/2- by 11 -inch regular photocopy of each As you know, we are currently under construction and hope to have the curbs and asphalt completed by late November. Our goal is to record the plat in December and we will be providing the necessary bonds as needed. If you have any questions or need additional information, please do not hesitate to contact me at this office. Thank you. GWP/ath/dm 9172c.005.doc enc: As Noted LVAta-0,94 PP City of Renton P'ty Of Rent® LAND USE PERMIT arrnin9 Division OCT 31 MASTER APPLICATION 101r PROPERTY OWNER(S) NAME: Quadrant Corp/Corey Watson ADDRESS: 14725 SE 36th St Suite 100 CITY: Bellevue ZIP: 98006 TELEPHONE NUMBER: 425 646-4139 APPLICANT (if other than owner) NAME: (same as owner) COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: Wayne Potter COMPANY (if applicable): Novas tar Dev Inc ADDRESS:18215 72nd AVE S CITY: KENT Zip: 98032 TELEPHONE NUMBER AND EMAIL ADDRESS: 425 251-6110 wpotter@novastardev.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Beclan Place PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 255 Jericho AVE NE 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 152305-9064, 152305-9065 152305-9090, 152305-9116 EXISTING LAND USE(S): SINGLE FAMILY PROPOSED LAND USE(S): SINGLE FAMILY EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RESIDENTIAL LOW DENSITY PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) N/A EXISTING ZONING: R-4 (VESTED TO R-5 STANDARDS) PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): 308,616 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 27,546 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 2,912 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 4.77 DU PER ACRE NUMBER OF PROPOSED LOTS (if applicable) 30 NUMBER OF NEW DWELLING UNITS (if applicable): 30 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\tnasterapp.doe - 1 - 03/11 PROJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable):N/A TION (continued PROJECT VALUE: N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. 3 WETLANDS 4297 sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE NE QUARTER OF SECTION 15 , TOWNSHIP 23N, RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) 501+01 C- G L--t2S declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or ✓the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information ith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative STATE OF WASHINGTON ) ) SS COUNTY OF KING ) Date Signature of Owner/Representative Date I certify that I know or have satisfactory evidence that '% I e 5 signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. 110 /o /-2 31 Yrr M.. C :�" � /ti OA, - Dated Notary S N F.{�k# "'� Notary Public in and for the State of Washington u NOT�Y �rn's Z am.•'e y' Notary(Print): L,A,L- Vtk ,QC1J1�i� `N O` � ' =�••:�;16� ��+''� �'My appointment expires: r 5 r fl� -��F wlko rill H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\masterapp.doc - 2 - 03/11 ASSISTANT SECRETARY'S CERTIFICATE I, Vicki A. Merrick, Assistant Secretary of The Quadrant Corporation, (the "Company") a Washington corporation do hereby certify as follows: 1. I am the duly appointed and qualified Assistant Secretary of the Company and as such Assistant Secretary I have access to the corporate and stock books and the corporate seal of the Company; and 2. Bonnie A. Geers is Vice President, Commercial Development and Public Affairs, The Quadrant Corporation and as such Vice President is authorized to execute the City of Renton, Land Use Permit Master Application (the "Application"), relating to the final plat submittal for the Beclan Place Project, Renton, Washington and is further authorized to execute any and all documents relating to the Application, in accordance with the resolutions and delegations of authority of the Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company thisday of October, 2012. Assistant Secretary The Quadrant Corporation gAcorporate secretary docs\certificates\misc. certificates\greers quadrant 102312.docx ICAGO TITLE INSURANCE COMPO girder No.: 1351178 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: LOT 3, KING COUNTY SHORT PLAT NUMBER 488038, RECORDED UNDER RECORDING NUMBER 8909120157, IN KING COUNTY, WASHINGTON. PARCEL B: THE EAST 310 FEET OF THE SOUTH 200 FEET OF THE FOLLOWING: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH AND WEST 30 FEET FOR ROAD PURPOSES; AND EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 1408997 AND 4918232. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; AND RUNNING THENCE SOUTH 88022'52" EAST, ALONG THE NORTHERLY LINE THEREOF, 30 FEET, MORE OR LESS, TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 0028'40" WEST ALONG SAID PARALLEL LINE, 200 FEET; THENCE EASTERLY, PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 300.70 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 300.780 FEET TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 0025'28" WEST ALONG SAID PARALLEL LINE 226.91 FEET; THENCE NORTH 88°24'50" WEST, PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION 300.80 FEET; THENCE NORTHERLY 227.09 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THE NORTH 117 FEET OF THE EAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF. PARCEL D: SEE NEXT PAGE CHICAGO TrrLE INSURANCE COMPANY C 'AGO TITLE COMPANY Policy No.: 01351178 EXTENDED MORTGAGEE LEASEHOLD POLI _ SCHEDULE A (Continued) LEGAL DESCRIPTION THE NORTH 117 FEET OF THE EAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF. LBGAL/RDA/o®9 PUNNING DIVISION WAIV OF SUBMITTAL REQUI -.MENTS FOR LAND USE APPLICATIONS qRM!T T ---------------- iii ............... . . ... ... rafter en Irrigation Plan 4 ................... I 'n" d i n Gourtty -5 ... . .... Landscape Plan, Conceptual 4 This requirement may be waived byCity of Renton 1. Property Services PROJECT NAME: Nwe)� 'OV1. t��, 2. Public Works Plan Review Planning Division Ue z 3. Building DATE: I 4. Planning OCT 3 12012 H:\CED\DatakForms-Templates\Self-Help AM\U'UY.Witta1reqs.x1s 06/09 PLANNING DIVISION WAIVEF F SUBMITTAL REQUIRI ENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services PROJECT NAME: 2. Public Works Plan Review 3. Building DATE: L *t' 20 t Z 4. Planning H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalregs.xis 06/09 DENSITY ECLAN PLACE =►ty of Rei, DIanning Divi, WORKSHEET OCT1 Z02 City of Renton Development Services Division ��L��D 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 308, 604 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 2from line 1 for net area 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 27,546 square feet 2,912 square feet 4,297 square feet 2. 34,755 square feet 3. 273,849 4. 6.29 square feet acres 5. 30 units/lots 6. Divide line 5 by line 4 for net density: 6. 4.77 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Forms\Planning\density.doc Last updated: 11/08/2004 1 Jennifer T. Henning, AICP Current Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 REAL ESTATE INVESTMENTS, LAND DEVELOPMENT, PROJECT MANAGEMENT October 15, 2012 COURIER DELIVERY RE: Revised Landscape Plan for the Plat of Beclan Place City File No. LUA-07-041 BCE File No. 15615 / NS No. 9172 Dear Jennifer: City Of Renton Planning Division OCT 3 T 2012 � ' EME D Please find enclosed three (3) folded color copies of the revised Landscape Plan for Beclan Place. The revisions incorporate your comments and internal comments from Quadrant Homes. The total number of trees (132) is being provided by way of street trees and two trees installed on each lot prior to a Certificate of Occupancy. I understand that Corey Watson discussed this option with you last week. Also, we reference the location of a monument sign that will be designed by others and a permit obtained from the City of Renton. In addition, we are having an irrigation design prepared that I will submit under a separate cover letter once it becomes available. If you have any questions, please give me a call. Thank you. Respectfully, G. Wayne Potter Vice President GWP/dm 9172c.006.doc enc: As Noted cc: Corey Watson, The Quadrant Corporation Dale Roper, The Roper Company Randy Weber, Novastar Development Inc. Sandy Bailey, Novastar Development, Inc. Cay CF RENTON RECEIVED OCT 16 2012 IBUILDING DIVISION 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6110 (425) 251-8782 FAX WWW.NOVASTARDEVCOM y sTATFS Op'4 STATIC O �� K � ofo � � 189, secretary of state I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to BECLAN HOMEOWNERS ASSOCIATION a/an WA Non -Profit Corporation. Charter documents are effective on the date indicated below. (iity of Renton Date: 10/23/2012 planning Division UBI Number: 603-247-888 (HCl 31 2t" RRC ETW D Given under my hand and the Seal of the State ,. of Washington at Olympia, the State Capital t Sam Reed. Secretary of State •1 y When Recorded, Return to: Kimi Fish The Quadrant Corporation 14725 SE 36th Street, Suite 200 Bellevue, Washington 98006 CitY of Renton Planning Division OCT 3 1 2012 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BECLAN (A.K.A. BECLAN PLACE) Grantor: The Quadrant Corporation dba Quadrant Homes ❑ Additional on page Grantee: Plat of Beclan (a.k.a. Beclan Place); The Beclan (a.k.a. Beclan Place) Homeowners Association; The Public ❑ Additional on page Legal Description (abbreviated): Lots 1-30 and Tracts A - of Beclan (a.k.a. Beclan Place), according to the plat thereof recorded in Volume of Plats, Pages _ through _, inclusive, King County Recorder's Number records of King County, Washington. Situate in the County of King, State of Washington. Assessor's Tax Parcel ID M Reference Nos. of Documents Released or Assigned: None TABLE OF CONTENTS ARTICLE SECTION PAGE PART ONE: INTRODUCTION TO THE COMMUNITY............................................................................1 Article I Creation of the Community........................................................................................1 1.1. Purpose and Intent................................................................................................................1 1.2. Binding Effect........................................................................................................................1 1.3. Governing Documents.......................................................................................................... 2 Article II Concepts and Definitions...........................................................................................2 PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS ..............................6 ArticleIII Use and Conduct.........................................................................................................6 3.1. Framework for Regulation..................................................................................................... 6 3.2. Authority to Enact Use Restrictions.......................................................................................7 3.3. Owners' Acknowledgment and Notice to Purchasers........................................................... 8 3.4. Protection of Owners and Others.......................................................................................... 8 Article IV Architecture and Landscaping................................................................................... 9 4.1. General.................................................................................................................................9 4.2. Design Review......................................................................................................:.............10 4.3. Guidelines and Procedures.................................................................................................11 4.4. No Waiver of Future Approvals...........................................................................................13 4.5. Variances............................................................................................................................13 4.6. Limitation of Liability............................................................................................................13 4.7. Certificate of Approval.........................................................................................................13 Article V Maintenance and Repair...........................................................................................13 5.1. Maintenance of Areas of Common Responsibility..............................................................13 5.2. Maintenance of Units..........................................................................................................13 5.3. Responsibility for Repair and Replacement........................................................................14 5.4. Remedies for Failure to Maintain........................................................................................14 PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION..............................................15 Article VI The Association and its Members............................................................................15 6.1. Function of Association.......................................................................................................15 6.2. Membership........................................................................................................................15 6.3. Voting..................................................................................................................................15 6.4. Notice..................................................................................................................................16 Article VII Association Powers and Responsibilities..............................................................16 7.1. Acceptance and Control of Association Property ..........................................................•••••. 16 7.2. Maintenance of Areas of Common Responsibility............................................................. 16 7.3. Insurance............................................................................................................................18 7.4. Compliance and Enforcement.............................................................................................21 7.5. Implied Rights; Board Authority ...........................................................................................22 7.6. Indemnification of Officers, Directors, and Others..............................................................22 7.7 Security ............................................................................................................................... 23 7.8. Effect of Dissolution of Association...................................................:.................................23 7.9. Provision of Services........................................................................................................... 23 7.10. Relations with Other Properties.......................................................................................... 24 7.11. Facilities and Services Open to the Public..........................................................................24 7.12. Permit Matters.....................................................................................................................24 7.13. Relationship with Tax -Exempt Organizations..................................................................... 24 Article VIII Association Finances................................................................................................24 8.1. Budgeting and Allocating Common Expenses....................................................................24 8.2. Budgeting for Reserves....................................................................................................... 25 8.3. Special Assessments..........................................................................................................25 8.4. Specific Assessments...........................................................................................y ............ 26 8.5. Authority To Assess Owners; Time of Payment................................................................. 26 8.6. Obligation for Assessments................................................................................................ 26 8.7. Lien for Assessments.......................................................................................................... 27 8.8 Suspension of Voting Rights............................................................................................... 28 8.9. Exempt Property................................................................................................................. 28 8.10. Reimbursement of Declarant for Common Areas Development - Capitalization ................ 28 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant ............................ 28 PART FOUR: COMMUNITY DEVELOPMENT.......................................................................................30 Article IX Expansion of the Community...................................................................................30 9.1. Expansion by Declarant...................................................................................................... 30 9.2. Expansion by the Association............................................................................................. 30 9.3. Additional Covenants and Easements................................................................................ 30 9.4. Effect of Recording Supplemental Declaration................................................................... 30 Article X Additional Rights Reserved to Declarant................................................................31 10.1. Withdrawal of Property........................................................................................................31 10.2. Governmental Interests.......................................................................................................31 10.3. Marketing and Sales Activities............................................................................................ 31 10.4. Right To Develop................................................................................................................ 31 10.5. Right To Approve Additional Covenants............................................................................. 31 10.6. Right To Approve Changes in the Standards Within the Community ................................. 31 10.7. Right To Transfer or Assign Declarant Rights.................................................................... 31 10.8. Easement To Inspect and Right To Correct....................................................................... 32 10.9. Right to Notice of Design or Construction Claims...............................................................32 10.10 Termination of Rights..........................................................................................................32 PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY...........................................................32 ArticleXI Easements..................................................................................................................32 11.1. Easements in Common Area..............................................................................................32 11.2. Easements of Encroachment..............................................................................................33 11.3. Easements for Utilities, Etc................................................................................................. 34 11.4. Easements To Serve Additional Property ........................................................................... 34 11.5. Easements for Maintenance, Emergency, and Enforcement ............................................. 35 11.6. Technology Utility Easements.............................................................................................35 Article XII Exclusive Common Areas......................................................................................... 36 12.1. Purpose...............................................................................................................................36 12.2. Designation......................................................................................................................... 36 12.3. Use by Others..................................................................................................................... 36 Article XIII Party Walls and Other Shared Structures...............................................................36 13.1. General Rules of Law to Apply............................................................................................ 36 13.2. Maintenance; Damage and Destruction..............................................................................36 13.3. Right to Contribution Runs With Land.................................................................................37 13.4. Disputes.............................................................................................................................. 37 PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY..........................................37 Article XIV Dispute Resolution and Limitation on Litigation...................................................37 14.1. Dispute Resolution Methods............................................................................................... 37 14.2. Claims and Exempt Claims.................................................................................................37 14.3. Bound Parties......................................................................................................................38 14.4. Arbitration Agreements....................................................................................................... 38 14.5. Consensus for Association Litigation.................................................................................. 40 14.6. Mandatory Procedures for Litigation of Claims...................................................................39 14.7 Allocation of Costs of Resolving Claims............................................................................. 40 14.8 Enforcement of Resolution................................................................................................. 40 Article XV Mortgagee Provisions.................................................................................:.............41 15.1. Notices of Action................................................................................................................. 41 15.2. Special FHLMC Provision...................................................................................................42 15.3. Other Provisions for First Lien Holders............................................................................... 42 15.4. Amendments to Documents...............................................................................................43 15.5. No Priority............................................................................................................................44 15.6. Notice to Association...........................................................................................................44 15.7. Failure of Mortgagee To Respond...................................................................................... 44 15.8. Construction of Article XV................................................................................................... 44 15.9. Amendment by Board.........................................................................................................44 PART SEVEN: CHANGES IN THE COMMUNITY..................................................................................44 Article XVI Changes in Ownership of Units...............................................................................44 Article XVII Changes in Common Area......................................................................................44 17.1. Condemnation.....................................................................................................................44 17.2. Partition............................................................................................................................... 45 17.3. Transfer or Dedication of Common Area............................................................................ 45 Article XVIII Amendment of Declaration....................................................................................45 18.1. By Declarant........................................................................................................................45 18.2. By Members........................................................................................................................46 18.3. Validity and Effective Date....................................................................................::............46 18.4. Exhibits................................................................................................................................46 EXHIBITS "A' Land Initially Submitted to Declaration "B" Initial Use Restrictions 102 079 kj120204 10/23/12 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BECLAN (A.K.A. BECLAN PLACE) THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BECLAN (A.K.A. BECLAN PLACE) is made this _ day of , 2012, by The Quadrant Corporation, a Washington corporation, doing business as Quadrant Homes ("Declarant"), for the real property described in Exhibit A and for such additional real property as Declarant elects to add to the Declaration. PART ONE: INTRODUCTION TO THE COMMUNITY Declarant, as the developer of this community, has established this Declaration to provide a governance structure and a flexible system of standards and procedures for the development, administration, maintenance, and preservation of procedures for the residential property. In addition, the Homeowners Association is assigned certain responsibilities for administration, maintenance, and preservation of property within the community as set forth in this Declaration. These additional responsibilities shall be for the benefit of the members and all property owners within the community. Article I Creation of the Community 1.1. Purpose and Intent. Declarant, as an owner of the real property described in Exhibit "A," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate, and maintain various common areas and community improvements, and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration. 1.2. Binding Effect. All property described in Exhibit "A," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, or Amendments to the Declaration, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors -in -title, and assigns. This Declaration shall be enforceable by Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. Notwithstanding the above, if any provision of this Declaration would be unlawful, void, or voidable by reason of applicability of the rule against perpetuities, such provision shall expire 21 years after the death of the last survivor of the now living descendants of Elizabeth 11, Queen of England. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of the other provisions or applications. 1.3. Governing Documents. The Governing Documents, as defined in Section 2.16, create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of their Units, as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents. Article II Concepts and Definitions The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below. 2.1. "Areas of Common Responsibility": The Common Area, together with such other areas the Association has or assumes responsibility pursuant to the terms of this Declaration, the Plat, any Supplemental Declaration, or the Plat, other applicable covenants, contracts, or agreements. 2.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of the Homeowners Association, as filed with the Washington Secretary of State to establish the Association as a non-profit corporation under Washington State law. 2.3. "Association": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners, and its successors or assigns. The name of the Association is "Beclan (a.k.a. Beclan Place) Homeowners Association." 2.4. "Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. "Board of Directors" or "Board": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the board of directors under Washington corporate law. 2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business. page 2 9172.002.doc 2.7. "Bylaws': The Bylaws of the Association, as they may be amended, which govern the Association's internal affairs, such as voting rights, elections, meetings, selection of officers, etc. 2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following: (a) when 100% of the total number of Units for the property described in Exhibit "A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1, have been conveyed to Class "A" Members other than Builders; (b) a date 10 years from the date this Declaration is Recorded; or (c) when, in their discretion, the Class "B" Members so determine. 2.9. "Common Area": All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts, private roads, the community center, and other tracts or parcels conveyed to the Association by Declarant. The term shall include the Exclusive Common Area and the Community Area, as defined below. The term shall also include any public roads or other public facilities, the dedication of which has not yet been accepted by the Local Jurisdiction for public ownership; upon such acceptance, the Association's duties shall terminate. 2.10. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents. 2.11. "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons. The Community Area may include, if designated by the Declarant on the face of the Plat or in a Recorded document conveying such Community Area to the Association or action taken by the Association: (a) the main entry and identification features, including all signage, landscaping, and other improvements which are a part thereof; (b) private roads, sidewalks and community -wide location and directional signage if not owned and the maintenance assumed by the Local Jurisdiction; (c) recreational amenities and private storm drainage systems depicted on the Plat; (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage; (e) wetlands, sensitive areas, open space, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarant, including all appurtenant page 3 9172.002.doc monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction; (f) the community parks, and any other parks designed as a Community Area by Declarants, if not owned and the maintenance assumed by the Local Jurisdiction; (g) if required on the face of the Plat, or if the Association assumes responsibility by Board or Member vote, the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights-of-way, to the extent permitted by the Local Jurisdiction; otherwise, such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2; (h) landscaping located in any public parks, drainage areas, public facilities or improvements, or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction; (i) landscaping located at the Units, if and to the extent that the Association determines by a vote of the Members that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance; (j) any other real or personal property, service, or facility which now, or by amendment of this Declaration, designated to be a part of the Community Areas by the Declarant. 2.12. "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community -Wide Standard may evolve as development progresses and as the needs and demands of the Properties change. 2.13. "Declarant": The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or assigned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the other Declarant all of a Declaranfs rights hereunder, by recorded instrument. 2.14 "Declaration": This Declaration of Covenants, Conditions, and Restrictions, which creates obligations which are binding upon the Association and all present and future Owners. 2.15 "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all, Units, as more particularly described in Article XII. page 4 9172.002.doc 2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Bylaws, the Articles, the Residential Design Guidelines, the Use Restrictions, and the Rules and Regulations, as each may be amended. 2.17 "Local Jurisdiction": Any governmental authority having jurisdiction over the Properties, for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration. 2.17. "Member": A Person subject to membership in the Association pursuant to Section 6.2. 2.18. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. 2.19. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 2.20. "Permits": Collectively, the permits, land use restrictions and conditions of Plat approval, as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to time. 2.21. "Person": A natural person, a corporation, a partnership, a trustee, or other legal entity. 2.22 "PIC": The Property Improvement Committee, as described in Article IV, Section 4.2. 2.23 "Plat": The plat of the real property described in Exhibit "A," together with all requirements described or referenced therein. "Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A," but not included within the description of property contained in Exhibit "A," which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX. 2.24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration, in accordance with Article IX. 2.25. "Record," "Recording," or "Recorded": To file, the filing, or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded. 2.26. "Residential Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended, which establish architectural standards and guidelines for improvements and modifications to Units. page 5 9172.002.doc 2.27. 'Rules and Regulations": Board -adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. 2.28 "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 2.29 "Street Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to notes on the face of the Plat, or described by this Declaration. 2.30. "Special Assessment": An assessment levied in accordance with Section 8.3. 2.31. "Specific Assessment": An assessment levied in accordance with Section 8.4. 2.32. "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 2.33. "Unit": A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent. 2.34. "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article III, which govern the use of property, activities and conduct within the Properties. PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS The standards for use and conduct, maintenance, and architecture within the community are what give the community its identity and make it a place that people want to call "home." This Declaration establishes procedures for regulation as a dynamic process which allows the community standards to evolve as the Properties change and grow over time. Article 111 Use and Conduct 3.1. Framework for Regulation. The Governing Documents establish, as part of the general plan of development for the Properties, a framework of affirmative and negative covenants, easements and restrictions which govern the Properties. Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes in circumstances, conditions, needs, desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents. Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth in Exhibit "B." page 6 ' 9172.002.doc 3.2. Authority to Enact Use Restrictions. (a) Subject to the terms of the Permits, this Article, and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit, create exceptions to, or expand the Use Restrictions. The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken. Such action shall become effective, after compliance with the distribution requirements below, unless disapproved at a meeting by Members representing more than 50% of the total Class "A' votes in the Association and by the Class "B" Members, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings in the Bylaws. Upon receipt of such petition prior to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. Alternatively, Members representing more than 50% of the total Class "A" votes in the Association at an Association meeting duly called for such purpose, may vote to adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect. Such action shall require approval of the Class "B" Members, if any. Prior to any action taken under this Section 3.2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner. The effective date shall be at least 30 days following distribution to Owners. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to any requesting Member or Mortgagee. Nothing in this Article shall authorize the Board or the Members to modify, repeal, or expand the Residential Design Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control. (b) The procedures required under this Section 3.2 shall not apply to the enactment and enforcement of Rules and Regulations (e.g., administrative issues, regulations governing the use of the Common Area, etc.) unless the Board chooses in its discretion to submit to such procedures. Examples of such administrative Rules and Regulations shall include, but not be limited to, hours of operation of a recreational facility, use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times. The Board shall exercise business judgment in the enactment, amendment, and enforcement of such administrative Rules and Regulations. page 7 9172.002.doc 3.3. Owners' Acknowledgment and Notice to Purchasers. All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions may be obtained from the Association. 3.4. Protection of Owners and Others. Except as may be contained in this Declaration either initially or by amendment or in the initial Use Restrictions set forth in Exhibit "B," all Use Restrictions shall comply with the following provisions: (a) Similar Treatment. Similarly situated Owners shall be treated similarly. (b) Displa res. The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with the Local Jurisdiction's Ordinances and the Association may adopt time, place, and manner restrictions with respect to any displays (including those outside of a dwelling) visible from outside the dwelling. No Use Restrictions shall regulate the content of political signs; however, rules may regulate the time, place, and manner of posting such signs (including design criteria) and the Local Jurisdiction's Ordinances shall apply. (c) Household Composition. No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit, to limit rental of Units, and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, its fair use of the Common Area, and on the basis of compliance with applicable the Local Jurisdiction's Ordinances. Use Restrictions may be adopted by the Association to limit or prohibit the occupancy of Units by persons who have been convicted of a crime for which continued supervision after conviction is imposed upon the proposed occupant. (d) Activities Within Dwellings. No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, it may restrict rental of Units, and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, that create an unreasonable source of annoyance, or that involve illegal conduct. (e) Household Occupations. No Use Restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the Board's sole discretion; (iii) any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Unit and that they not be visible from page 8 9172.002.doc the exterior of the home and (iv) it is as otherwise allowed by the Permits and applicable law. Nothing in this Section shall permit (1) the use of a Unit for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the Unit. The Board may, from time to time, promulgate rules restricting the activities located on the Properties pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38. (f) Allocation of Burdens and Benefits. No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Article VIII. (g) Alienation. The Association may not impose any fee on the transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer. The Association may regulate the leasing or rental of Units. (h) Abridging Existing Rights. No Use Restriction shall require an Owner to dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and which was in compliance with all Use Restrictions previously in force. This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit. (i) Reasonable Rights To Develop. No Use Restriction, Rule or Regulation, or action by the Association or Board shall unreasonably impede Declarant's right to develop the Properties or other portions of the community. The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3.2; they shall not apply to amendments to this Declaration adopted in accordance with Article XVIII. Article IV Architecture and Landscaping 4.1. General. No structure or thing shall be placed, erected, or installed upon any Unit within the Properties and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except in compliance with this Article, the Residential Design Guidelines adopted pursuant to this Declaration. No approval of the PIC shall be required to repaint the exterior of a structure, if in accordance with the originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or her Unit without approval, provided that the work performed complies with all laws applicable to the Local Jurisdiction. However, modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structure and modifications to enclose garages as living space shall be subject to approval. page 9 9172.002. doc All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by Declarant or Declarant's designee, in its sole discretion. This Article shall not apply to Declarant's activities, nor to the Association's activities during the Class "B" Control Period. 4.2. Design Review. (a) By Declarants. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Properties enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market, sell, or lease their property. Therefore, each Owner agrees that no activity within the scope of this Article ('Work") shall be commenced on such Owner's Unit unless and until Declarant or Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld in Declarant's or Declarant's designee's sole discretion. In reviewing and acting upon any request for approval, Declarant or its designee shall be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant's rights reserved under this Article shall continue so long as Declarant owns any portion of the Properties or any real property described in Exhibit A, unless earlier terminated in a written instrument executed and Recorded by Declarant. Declarant may, in its sole discretion, designate one or more Persons from time to time to act on Declarant's behalf in reviewing applications hereunder. Declarant may from time to time, but shall not be obligated to, delegate all or a portion of the Declarant's reserved rights under this Article to (i) a Property Improvement Committee appointed by the Association's Board of Directors (the "PIC"), or (ii) a committee comprised of architects, engineers, or other persons who may or may not be Members of the Association. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in Declarant's sole discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to matters specifically delegated by Declarant. (b) Property Improvement Committee. Upon delegation by Declarant or upon expiration or termination of Declarant's rights under this Article, the Association, acting through the PIC, shall assume jurisdiction over design, property modification and architectural matters in the Property. The PIC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion. The members of the PIC need not be Members of the Association, the Board, or representatives of Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, shall be established from time to time by the Board. If the PIC is not formed, or is determined to lack authority to exercise the powers assigned to it for any reason, the Board shall act as the PIC and may delegate any portion of the PIC's duties to any person, subject to final approval or ratification by the Board. The PIC may be broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee.) Any reference herein to the PIC should be deemed to include a reference to any such subcommittee. page 10 9172.002.doc Unless and until such time as Declarant delegates all or a portion of its reserved rights to the PIC or Declarant's rights under this Article terminate, the Association shall have no jurisdiction over architectural matters. For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." (c) Reviewer Fees; Assistance. The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Residential Design Guidelines. Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from area to area within the community. The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential Design Guidelines does not guarantee approval of any application. Absence of adopted Residential Design Guidelines shall not limit the PIC's ability to exercise its powers; however, when disapproving an application for permission to perform Work, the PIC shall describe the basis for its decision if it is unable to refer to adopted Residential Design Guidelines as the reason for its election to disapprove an application. Declarant shall have sole and full authority to amend the Residential Design Guidelines in a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9.1, notwithstanding a delegation of reviewing authority to the PIC, unless Declarant also delegates the power to amend to the PIC. Upon termination or delegation of Declarant's right to amend, the PIC shall have the authority to amend the Residential Design Guidelines in a manner consistent with the Permits, with the consent of the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. Except for conditions of the Permits, there shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive. The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the Recorded version, as it may unilaterally be amended from time to time, shall control in the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time. (b) Procedures. No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, page 11 9172.002.doc exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewer shall respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the Reviewer fails to respond in a timely manner (as provided in the Residential Design Guidelines), approval shall be deemed to have been given, subject to Declarant's right to veto approval by the PIC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. The Board may also adopt other methods for providing notice, by promulgation of Rules describing such notice procedures. Until expiration of Declarant's rights under this Article, the PIC shall notify Declarant in writing within three business days after the PIC has approved any application relating to proposed Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have 10 days after receipt of such notice to veto any such action, in its sole discretion, by notice to the PIC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. page 12 9172.002.doc 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with the laws of the Local Jurisdiction. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 4.6. Limitation of Liabilitv. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design. Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board, the PIC, and any members thereof shall be defended and indemnified by the Association as provided in Section 7.6. 4.7. Certificate of A roval. Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. Article V Maintenance and Repair 5.1. Maintenance of Areas of Common Responsibility. The Association shall maintain the Areas of Common Responsibility as described in Section 7.2. 5.2. Maintenance of Units. Each Owner shall maintain his or her Unit, and all landscaping and improvements comprising the Unit, and all landscaping improvements comprising the Unit, in a manner consistent with the Governing Documents, the Community -Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the page 13 9172.002. doc Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. If not installed fully by the Builder, an owner of a Unit shall install all landscaping, surrounding all sides of the residential dwelling contained on the Unit, within six months after the initial transfer of a completed residential dwelling to an Owner other than a Builder. Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, curb, or water's edge located on the Common Area or public right-of-way adjacent to the Unit boundary, unless such area is made a part of the Areas of Common Responsibility maintained by the Association; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. Each Owner shall perform at the Owner's expense the maintenance and upkeep of fencing, Street Trees (if located on a Unit), drainage swales and/or underground drain lines and catch basins installed on their Unit, unless such components of the Units are made a part of the Areas of Common Responsibility maintained by the Association. 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level consistent with the Community -Wide Standard. Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive condition consistent with the Community -Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. 5.4 Remedies for Failure to Maintain. If any Unit Owner shall fail to conduct maintenance on the Owner's Unit as required by this Article to maintain the Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to enter upon the Unit and provide such maintenance, and to levy an assessment against the non-performing Owner and Unit for the cost of providing the maintenance. The assessment shall constitute a lien against the Unit owned by the non-performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the non-performing Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the non-performing Owner, may be collected by the page 14 9172.002.doc Association in the manner provided for herein notwithstanding the failure of the Association to give the non- performing Owner the thirty (30) day notice. PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION The success of the community is dependent upon the support and participation of every residential owner in its governance and administration. The Declaration establishes the Association as the mechanism by which each Owner is able to provide that support and participation. While many powers and responsibilities are vested in the Association's Board of Directors, some decisions are reserved for the Association's membership — the Owners of property in the community. Article VI The Association and its Members 6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law. 6.2. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co -Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the Bylaws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 6.3. Voting. The Association shall have two classes of membership, Class "A" and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class "B". The Class "B" Member shall be the Declarant, or if Declarant's rights are assigned, Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth in the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the cc -Owners determine among themselves and advise the Secretary of the Association in writing prior page 15 9172.002.doc to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. 6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail, as follows, unless the Board adopts a rule allowing electronic service of notices: (a) if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof); (b) if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof). All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically, without using surface mail, or by private parcel delivery service companies. Article VII Association Powers and Responsibilities 7.1. Acceptance and Control of Association Property. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and Declarant's designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon a Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Declarant to the Association for no consideration, to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines. 7.2. Maintenance of Areas of Common Responsibility. The Association shall maintain, commencing with the recordation of the Plat or this Declaration, whichever occurs first, and in accordance with the Community -Wide Standard and the Permits, the Areas of Common Responsibility, which shall include, to the extent such features are present in the Plat and are not maintained by the Local Jurisdiction, but need not be limited to: (a) the Common Area and the Community Area, which includes the entry features and landscaping (whether placed on land owned by the Association, or in the easements created for the Association's benefit on Lots 1, 8, 18 and 20), landscaping, roads, sidewalks and private parks within the Properties, alleys serving all or any of the Units, private trails, recreational amenities and the community center, parking restrictions and signage, open spaces, wetlands, natural preserve areas and conservation areas, sensitive areas, and buffers, except to the extent that such improvements are page 16 9172.002.doc dedicated to the Local Jurisdiction and such dedication is accepted, then upon acceptance such improvements shall cease to be Common Areas; (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the Local Jurisdiction or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of-way within or abutting the Properties, public parks and play areas, public trails, drainage areas, and storm water facilities, and including the landscaping located in Tract A of the plat, the Water Quality Pond, owned by Local Jurisdiction, for which the Association has been granted an easement permitting such landscaping and its maintenance; (c) irrigation facilities, storm water facilities, streets, sidewalks, street lighting, park and pool/ride lots, and transit shelters that are not maintained by the Local Jurisdiction; (d) planter strips, medians, Street Trees and central planting areas within cul-de- sacs, including the planter strip fronting Jericho Avenue NE; (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the PIC, the U.S. Postal Service and the Local Jurisdiction); (f) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, described on the Plat, or described in an Exhibit containing Additional Areas of Common Responsibility is attached to this Declaration, or contained in any contract or agreement for maintenance thereof entered into by the Declarant or the Association, including landscaping and other flora, viewsheds, parks, utility areas or improvements, structures, streets, alleyways, bike/pedestrian pathways and trails, and other improvements; (g) any ponds, streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties, including improvements and equipment installed therein or used in connection therewith; and (h) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association. The Association may maintain other property which it does not own, including, without limitation, Units, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community -Wide Standard. The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities. The Association shall maintain the drainage facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class "A" votes in the Association and the Class "B" Members, if any, agree in writing to page 17 9172.002.doc discontinue such operation. Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant's prior written approval as long as Declarant owns any property described in Exhibit "A" of this Declaration. The costs associated with maintenance, repair, monitoring, and replacement of the Areas of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, other Recorded covenants, or agreements with the Owner thereof. The Association's responsibility to maintain the Areas of Common Responsibility shall exist whether the control of the Association is held by the Declarant or the members of the Association. The Association is authorized to expend funds its collects, whether collected from the Owners or the Declarant, to carry out its duties described in this Article, whether the control of the Association is held by the Declarant or the members of the Association. 7.3. Insurance. (a) Required Coverages. After the conclusion of the Class B Control Period, or sooner if elected by the Declarant, the Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Blanket property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership; (ii) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with limits of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage, or such additional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and determines advisable. (vi) Such additional insurance as the Board, in its best business judgment, page 18 9172.002.doc Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, unless the Board reasonably determines that other treatment of the premiums is more appropriate. (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in Western Washington. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (ii) be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co- insurance clause; (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner; page 19 9172.002.doc (viii) include an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. In addition, the Board shall use reasonable efforts to secure insurance policies which provide: (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests; (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non -renewal; and (iv) a cross liability provision. (c) Restoring Damaged Improvements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Damaged improvements on the Common Area shall be repaired or reconstructed in a timely manner unless Members representing at least 75% of the total Class "A" votes in the Association, and the Class "B" Members, if any, decide not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7.3(a). page 20 9172.002.doc 7.4. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents. The Board may promulgate rules, and impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the Bylaws or rules adopted by the Board. Sanctions for violation may include, without limitation: (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (e) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation; (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activities in the Properties; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the Bylaws: (a) exercising self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regulations); and (b) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. page 21 9172.002. doc In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation and/or perform such maintenance responsibilities in the manner described in Section 5.4, and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough to justify taking such action that the covenant, Use Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law; or that it is not in the Association's interest, based upon hardship, expenses, or other reasonable criteria to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation. The Association, by contract or other agreement, may enforce applicable Local Jurisdiction ordinances, if applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of the Association and its Members. While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Association and its Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. 7.5. Implied Rights; Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. In exercising the rights and powers of the Association, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be subject to, and their actions shall be judged in accordance with, the standards set forth in the Bylaws. 7.6. Indemnification of Officers. Directors, and Others. To the fullest extent permitted by Washington law, the Association shall indemnify every officer, director, volunteer and committee member of the Association against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or page 22 9172.002.doc bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Securi . The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. Effect of Dissolution of Association. In the event that the Association is dissolved and is no longer licensed as a non-profit corporation, the rights and duties of the Association (including, but not limited to, all ownership interest in the Common Areas) shall vest in the Owners, as an unincorporated association. Any Owner or any Mortgagee may reinstate the Association's corporate status, or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create its successor; and upon such reinstatement, the Owners' rights and duties, as described in this Declaration, shall re -vest in the reinstated or successor Association, and all owners shall be members thereof with all rights to vote provided by law and the organizational documents of the entity. To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity. 7.9. Provision of Services. The Association may provide or provide for services and facilities for the Members, their guests, lessees, and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use and consumption fees for such services and facilities. By way of example, some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, internet service, security, caretaker, transportation, Fre protection, utilities, and similar services and facilities. Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its discretion, unless otherwise required by the Governing Documents. No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason. page 23 9172.002.doc 7.10. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities. 7.11. Facilities and Services Open to the Public. Certain facilities and areas within the Properties may be open for use and enjoyment of the public. Such facilities and areas may include, by way of example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property. 7.12. Permit Matters. The Properties may be subject to a variety of permit restrictions and obligations which are contained in the Permits and other Local Jurisdiction Ordinances and are binding upon the Properties and run with the land. The Association and each Owner shall comply with the restrictions and requirements of the Permits, as applicable. During initial development of the Properties, Declarant shall implement, maintain, and enforce the programs and requirements of the Permits. Declarant shall have the right, but not the obligation, to delegate or assign certain responsibilities to the Association or any committee, and the Association or such committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations. The cost of such activities shall be a Common Expense, if the activity is associated with the Community Area and for the general benefit of all of the community. In the performance of its responsibilities, the Association shall follow the standards and requirements of the Permits and the Local Jurisdiction's Ordinances. The Association shall comply with the design guidelines and maintenance standards referenced in the Permits, particularly in the use and preservation of native vegetation and landscaping, in the performance of its responsibilities under this Declaration. 7.13. Relationship with Tax -Exempt Organizations. Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association, the Members, or residents. While such organizations may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the community as a whole. If established by Declarant or the Association, the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity. Such expenses and any such contributions shall be a Common Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. Article VIII Association Finances 8.1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, if there is any change in the sums that the Board anticipates will be collected or expended by the Association in the coming fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.2. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income page 24 9172.002.doc expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized in Section 8.6. The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.5 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials, or within such other time period that may be mandated by law for non-profit homeowner associations, such as RCW 64.38.035. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. 8.2. Budgeting for Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility for which the Association maintains capital items as a Common Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.3. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied as a Common Expense against the entire membership, if such Special Assessment is for Common Expenses, or against the Owners benefited by the Special Assessment, if the Special Assessment is made for the limited benefit of less than all of the Members. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Assessment, and the page 25 9172.002.doc affirmative vote or written consent of the Class "B" Members, if such exist. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.4. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 8.5. Authority To Assess Owners; Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the date each Unit is conveyed to an Owner by Declarant; provided, however, that if such Owner is a Builder, the obligation to pay assessments shall commence six months after the Unit is first conveyed to the Builder. The first annual Base Assessment levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. 8.6. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on page 26 9172.002.doc the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set- off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Exemption From Assessment. During the Class "B" control period, there shall be no assessment of any kind for Units or any other property owned by Declarant or those persons holding any Declarant rights, without the consent of the Declarant or the holder of such Declarant's rights. (c) Declarant's Option To Fund Budget Deficits. During the Class "B" Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarants obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 8.7. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law), and costs of collection (including attorney's fees and costs, whether or not a lawsuit shall be involved). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Mortgage Recorded before the Recordation of the lien (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or non -judicial foreclosure. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid page 27 9172.002.doc assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.5, including such acquirer, its successors and assigns. 8.8 Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Member's right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys' fees and costs, if any, are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, the Declaration, or Washington state law. 8.9. Exempt Property. All Areas of Common Responsibility, portions of the Property owned by Declarant, and any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of Base Assessments and Special Assessments. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 8.10. Reimbursement of Declarant for Common Area Development and Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount to be determined by Declarant or in the absence of the election of the Declarant to determine the contribution, by the Board if it elects to do so. Upon acquisition of record title to a Unit by the first Owner thereof, the Declarant, if it elects to do so, shall also be entitled to collect from the purchaser of the Unit a sum, to be determined by the Declarant, as a reimbursement made to the Declarant for the expenditures made by the Declarant to improve the Areas of Common Responsibility and organize the Association, on behalf of the Members. These amounts shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. These amounts shall be deposited into the purchase and sales escrow and disbursed therefrom to the Declarant for reimbursement, or to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws, as appropriate based upon the contributions required. 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant. In the event that the Association succeeds to the interest of the Declarant in any bond, late comers' reimbursement, impact fee refund or similar right to receive a refund of funds paid by the Declarant pursuant to a requirement imposed by a Local Jurisdiction as a result of the Association's acquisition of Areas of Common Responsibility ("Refund"), the Association irrevocably assigns any such Refund to Declarant or to the holder of Declarant's rights, if such rights were completely assigned by Declarant. Upon receipt of notice that the Association is entitled to a Refund, the Association shall provide written notice of the page 28 9172.002.doc Refund to the Declarant, the Declarant's assignee or, if the address cannot be determined from the public record, to The Quadrant Corporation or its successor in interest as identified in the records of the Secretary of State of the State of Washington. The Association shall assign to Declarant or Declarant's successor all Refunds to which the Association may become entitled, regardless of the time that may have passed since recordation of the Plat and the Association. page 29 9172.002.doc PART FOUR: COMMUNITY DEVELOPMENT The Declaration reserves various rights to the developer to facilitate the smooth and orderly development of the community and to accommodate changes which occur as a community matures. Article IX Expansion of the Community 9.1. Expansion by Declarant. Declarant may from time to time subject to the provisions of this Declaration all or any portion of property owned by the Declarant or the Declarant's successors in interest as designated by the Declarant, including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Properties pursuant to this Section shall expire 20 years after this Declaration is Recorded. Until then, Declarant may transfer or assign this right to any Person. Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop all of the property described in Exhibit "A" in any manner whatsoever. 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property. A Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class "A" votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarant's consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recording Supplemental Declaration. A Supplemental Declaration shall be effective upon Recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. page 30 9172.002.doc Article X Additional Rights Reserved to Declarant 10.1. Withdrawal of Property. Declarant reserves the right to amend this Declaration, so long as Declarant has a right to annex additional property pursuant to Section 9.1, for the purpose of removing any portion of the Properties which has not yet been improved with structures from the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not a Declarant; such amendment shall be subject to any required approval by the Local Jurisdiction. If the property is Common Area, the Association shall consent to such withdrawal. 10.2. Governmental Interests. Declarant may designate sites it owns within the Properties for fire, police, water, and sewer facilities, public schools and parks, and other public facilities. Sites may be designated for use of water infiltration under the Permit. Neither the Association, the PIC, nor the Owners may object to the use of such sites for the designated public purposes. 10.3. Marketing and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. 10.4. Right To Develop. Declarant and Declarant's employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as Declarant deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined in the Permit. Every Person that acquires any interest in the Properties agrees not to protest, challenge, or otherwise object to the development of any real property by Declarant which lies adjacent to the Properties, and which could be subjected to the terms of this Declaration by Declarant. 10.5. Right To Approve Additional Covenants. No Person shall Record any declaration of covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by Declarant. 10.6. Right To Approve Changes in the Standards Within the Community. No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, 10.7. Right To Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its page 31 9172.002.doc entirety, and in such case it shall not be necessary to Record any written assignment unless necessary to evidence Declarant's consent to such exercise. 10.8. Easement To Inspect and Riqht To Correct (a) Declarant reserves for Declarant and such other Persons as Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Units and the Areas of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Areas of Common Responsibility, and the designees of Declarant shall have the right to redesign or correct any Unit for which they were the Builder. (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities. (c) Any damage to a Unit or the Areas of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 10.9. Right to Notice of Design or Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the Owner of the property to discuss the Owner's concerns and conduct their own inspection. 10.10. Termination of Rights. The rights contained in this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by Declarant of a written statement that all sales activity has ceased. PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY The nature of living in a planned community, with its wide array of properties and development types and its ongoing development activity, requires the creation of special property rights and provisions to address the needs and responsibilities of the Owners, Declarant, the Association, and others within or adjacent to the community. Article XI Easements 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to: (a) The Governing Documents and any other applicable covenants; page 32 9172.002.doc (b) Any restrictions or limitations contained in any deed conveying such property to the Association; (c) The Board's right to: (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Owner's Unit remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents after notice and a hearing pursuant to the Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; (iv) impose membership requirements and charge admission or other use fees for the use of any recreational facility situated upon the Common Area (such membership requirements, admission or use fees may, in the Board's discretion, differentiate between Members of the Association and other persons entitled to use such facilities); (v) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public; (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (d) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described in Article XII. Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease. 11.2. Easements of Encroachment. Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. page 33 9172.002.doc 11.3. Easements for Utilities, Etc. (a) Installation and Maintenance. Declarant reserves for Declarant; so long as Declarant owns any property described in Exhibit "A" of this Declaration or additional property subjected to the Declaration, on behalf of Declarant, Declarant's nominees, successors, and assigns, perpetual non-exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of: (i) installing utilities and infrastructure to serve the Properties, walkways, pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights-of-way or easements reserved for such purpose on Recorded plats; (ii) inspecting, maintaining, repairing, and replacing the utilities, infrastructure, and other improvements described in Section 11.3(a)(i), and any Street Trees; (iii) access to read utility meters; and (iv) access to from the public rights-of-way to any wetland, body of water, or water monitoring site to perform water monitoring and testing. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Properties without approval of the Board or as provided by Declarant. (b) Specific Easements. Declarant also reserves the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in Exhibits "A," or such additional property subjected to the terms of the Declaration The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. 11.4. Easements To Serve Additional Property. Declarant hereby reserves for Declarant and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of any additional property subjected to the terms of the Declaration, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that Declarant and Declarant's successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, or any other declaration of covenants, conditions, and restrictions under which an page 34 9172.002. doc owners' association is created or provided for, Declarant or Declarant's successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such property. The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of the total number of residential dwellings within the Properties and on such benefited property. 11.5. Easements for Maintenance Emergency, and Enforcement. Declarant grants to the Association easements over the Properties as necessary to enable the Association to fulfill its maintenance responsibilities under Section 7.2. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents. Such right may be exercised by any member of the Board and its duly authorized agents and assignees, and all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. 11.6. Technology Utility Easements. Declarant reserves, so long as Declarant owns any property described on Exhibit "A" of this Declaration, and additional property subjected to this Declaration by Declarant, perpetual, non-exclusive easements adjacent to the public rights-of-way throughout the Properties, on behalf of Declarant, and Declarant's nominees, successors and assigns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security, and other systems for sending and receiving data and/or other electronic signals ("Technology Utilities"), to serve the Properties and each Unit, such easements shall be exclusive to Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. Declarant also reserves for Declarant the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed in this Section and to grant and record in the public records such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit "A," and additional property subjected to this Declarant by Declarant. Any such contract, agreement, or easement may, in Declarant's sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems installed on or in the Units, dwellings, and other structures constructed on Units and Common Areas within the Properties. Any such contract, agreement, or easement entered into by Declarant may require that the Board enter into a bulk rate service agreement for the provision of services offered to all Units within the Properties. In such case, the cost shall be a Common Expense of the Association and shall be assessed as a part of the Base Assessment. If the service provides additional services or benefits to certain Owners or Units at their request, such additional services or benefits shall be paid directly by the Owner to the service provider, or become a Specific Assessment, as appropriate and specified in the agreement between the Association and the service provider. page 35 9172.002.doc Article XII Exclusive Common Areas 12.1. Purpose. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, Exclusive Common Areas may include entry features, private driveways, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned. 12.2. Designation. Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association, in this Declaration, or on the subdivision plat relating to such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a majority of Owners of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area. Article XIII Party Walls and Other Shared Structures 13.1. General Rules of Law to Apply. Each wall, fence, driveway, utility, sewer or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Any tract which provides access to more than one Unit is a party structure, the maintenance and repair of which is governed by the Declaration and this Article. 13.2. Maintenance Damace and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. page 36 9172.002.doc 13.3. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. 13.4. Disputes. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY The growth and success of the Properties as a community in which people enjoy living, working, and playing requires good faith efforts to resolve disputes amicably, attention to and understanding of relationships within the community and with our neighbors, and protection of the rights of others who have an interest in the community. Article XIV Dispute Resolution and Limitation on Litigation 14.1. Dispute Resolution Methods. The provisions of this Article shall govern the resolution of all Claims between any Bound Party. Claims, disputes and controversies shall be resolved pursuant to the Arbitration Agreements described in Section 14.4, unless specifically exempted from the Arbitration Agreements by Section 14.3; if exempt from the Arbitration Agreements, the Exempt Claims may be litigated in a court of competent jurisdiction. Before any Claims are brought by the Association against any Person, the Association shall comply with the requirements of Sections 14.5. 14.2. Claims and Exempt Claims. Unless specifically identified as an Exempt Claim in this Section, all claims or disputes arising out of or relating to (a) the interpretation, application or enforcement of the Governing Documents; (b) the rights, obligations and duties of any Bound Party under the Governing Documents; (c) relating to the design or construction of improvements on the Properties, (d) breach of contract, (e) negligent or intentional misrepresentations or nondisclosure in the inducement, (f) execution or performance of any contract related to the Condominium, including the Arbitration Agreements described in this Article, (g) any alleged statutory violation, (h) any claim of bodily injury related to the design or construction of the Units and the Common Elements, and (i) any claim made under the Washington State Consumer Protection Act (collectively, "Claims") shall be subject to the provisions of Section 14.4, which require the Claims to be arbitrated. Unless all necessary parties otherwise agree, the following list of exemptions ("Exempt Claims") shall not be Claims, and shall not be subject to the provisions of Section 14.4 requiring arbitration, nor shall Exempt Claims be subject to the provisions of Section 14.5 - 14.7: 14.2.1 any suit by the Association against any Bound Party to collect assessments, enforce liens, enforce the provisions of the Governing Documents; 14.2.2 any suit by the Association to obtain equitable relief (i.e., temporary restraining order, injunction, or specific performance) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Articles III, Article IV and Article V; 14.2.3 any suit brought by the Association to challenge tax assessments; 14.2.4 any suit brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor; page 37 9172.002.doc 14.2.5 counterclaims brought by the Association in proceedings instituted against the Association; 14.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration; 14.2.7 any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount in controversy exceeds $10,000.00; 14.2.8 any suit in which any indispensable party is not a Bound Party; and 14.2.9 any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 14.4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. With the consent of all parties thereto, any of the above exemptions voluntarily may be submitted to the arbitration procedures set forth in Section 14.4. If the Association seeks to litigate items 14.2.1 through 14.2.5, such litigation shall require the majority vote of the Board of Directors. 14.3. Bound Parties. Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party or by stipulation shall be a "Bound Party" for the purposes of this Article XIV. 14.4. Arbitration Agreements. Each Bound Party covenants and agrees to submit all Claims to the arbitration procedures set forth in this Section 14.4, in lieu of filing suit in any court. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements described in this paragraph, including, without limitation, revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver or estoppel, shall be decided by the Arbitrator. The decision of the Arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Arbitration Agreements shall inure to the benefit of, and be enforceable by, Declarant and Declarant's subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the Common Elements; and shall be binding upon all family members and tenants of the Owners and the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable under these Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the Arbitration Agreements. If any provision of these Arbitration Agreements shall be determined by the Arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Any party shall be entitled to recover reasonable attorney's fees, litigation expenses and costs incurred in enforcing the Arbitration Agreements, as provided in Section 14.8. 14.4.1 Arbitration Agreement for Non -Warranty Claims. The Bound Parties agree that any Claim which is not a Claim covered by a Warranty (as described in Section 14.4.2) shall be settled and resolved by arbitration as described herein. The Arbitration shall be conducted by the American Arbitration Association, Construction Arbitration Services, Inc., DeMars & Associates, Ltd., or another arbitration service selected by the parties in writing, pursuant to the arbitration service's applicable arbitration rules to the extent such rules are not inconsistent with this Arbitration Agreement. If the page 38 9172.002.doc parties fail to agree on the selection of an arbitration service, the choice of arbitration service shall be that of the Claimant. All administrative fees of the arbitration service and fees of the Arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the Arbitrator to reallocate such fees in the interest of justice. The Arbitrator shall take such steps as may be necessary to hold a hearing within ninety (90) days of the initial demand for arbitration and to conclude the hearing within three (3) days; and the Arbitrator's written decision shall be made not later than fourteen (14) calendar days after the hearing. These time limits are included in order to expedite the proceeding, but they are not jurisdictional, and the Arbitrator may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim determined and the award made on each claim. In making the decision and award, the Arbitrator shall apply applicable substantive law. The Arbitrator may award injunctive relief or any other remedy available from a judge, including without limitation joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact, or which may promote judicial economy, but shall not have the power to award punitive or exemplary damages. The parties expressly agree that this Arbitration Agreement involves and concerns interstate commerce, and is governed by the Federal Arbitration Act (9 U.S.C. §1, et. seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the arbitration service rules shall govern the conduct of the proceeding. 14.4.2 Arbitration Agreement for Warranty Claims. The Bound Parties agree that any Claim which is a Claim covered by a Warranty shall be settled and resolved by arbitration as described in this Subsection 14.4.2. A Warranty Claim is a Claim, dispute or controversy between Bound Parties arising from or related to alleged defects in the Unit or the Common Elements which are asserted after the closing of the transfer of title to a Unit, and which are covered by a contractual warranty supplied to the buyer of the Unit by the seller of the Unit. Warranty Claims shall be submitted to binding arbitration commenced and conducted in accordance with the arbitration provision of the Warranty, even if such provisions are inconsistent with the provisions of this Subsection 14.4. 14.4.3 Limitation Upon Amendments. The Declarant, the Association and all Owners hereby acknowledge and agree that no amendment of this Declaration shall modify, alter or delete any portion of the Arbitration Agreements in Section 14.4 of this Declaration without the written consent of the Declarant attached to and recorded with such amendment, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. 14.4.4 Binding Upon Successors and Assigns. The Declarant, the Association and all Owners acknowledge and agree that, by virtue of the recording of the Declaration, these Arbitration Agreements shall run with title to the real property subject to the Declaration and all additional phases, and shall be binding upon all Persons having any right, title or interest in all or any portion of the real property subject to the Declaration their respective heirs, legal representatives, successors, successors - in -title, and assigns, and shall be for the benefit of the Declarant and all Owners of Units and Common Elements subject to this Declaration, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. page 39 9172.002.doc 14.5. Consensus for Association Litigation of Claims. The Association shall not commence arbitration, judicial or administrative proceedings to resolve a Claim without the approval of Members representing at least 67% of the total votes in the Association. In the event the judicial or administration proceeding is against the Declarant or any former Declarant, 75% of the total votes in the Association are required to commence such proceeding. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6. Mandatory Procedures for Litigation of Claims. 14.6.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 14.6.2 Negotiation and Mediation. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Association's Board may appoint a representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of any Local Jurisdiction dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the area. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and.all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.6.3 Final and Binding Arbitration. If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claim to arbitration in accordance with Section 14.4. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of page 40 9172.002.doc such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant. This subsection is an agreement to arbitrate and is specifically enforceable under federal and state arbitration laws. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under federal and Washington State laws. 14.7 Allocation of Costs of Resolving Claims. Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"), except as otherwise ordered by the arbitrator pursuant to Section 14.4. Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs, except as otherwise provided in this subsection. 14.8 Enforcement of Resolution — Attorney's Fees and Costs. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 14.4 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any abiding or complying Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.4. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs. If the Bound Parties litigate an Exempt Claim, the prevailing party in such litigation shall be entitled to payment of all attorney's fees, litigation and costs by the non -prevailing party. Article XV Mortgagee Provisions The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 15.1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; (b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Unit or the Owner or Occupant which is not cured within 60 days; (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or page 41 9172.002.doc (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders. 15.2. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation or any successor to FHLMC, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration); (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and the Common Area (the issuance and amendment of architectural standards, Use Restrictions pursuant to Article III, procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. 15.3. Other Provisions for First Lien Holders. To the extent not inconsistent with Washington law: (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on page 42 9172.002.doc Units to which at least 51 % of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. 15.4. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association as a result of destruction, damage, or condemnation pursuant to Section 15.3(a) and (b), or to the addition of land in accordance with Article IX. (a) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units subject to a Mortgage appertain, shall be required to terminate the Association. (b) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Units to which at least 51 % of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provisions of the Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: Area; (i) voting; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of the Common (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Properties; (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association; (viii) boundaries of any Unit; (ix) leasing of Units; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; (xi) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (xii) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units. page 43 9172.002.doc 15.5. No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 15.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 15.7. Failure of Mortgagee To Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 15.8. Construction of Article XV. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or Washington law for any of the acts set out in this Article. 15.9. Amendment by Board. Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. PART SEVEN: CHANGES IN THE COMMUNITY Communities are dynamic and constantly evolving as circumstances, technology, needs and desires, and laws change, as the residents' age and change over time, and as the surrounding community changes. The Properties and its Governing Documents must be able to adapt to these changes while protecting the things that make this community unique. Article XVI Changes in Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Unit shall, within seven days of taking title to a Unit, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. Article XVII Changes in Common Area 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner page 44 9172.002.doc shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 17.3. Transfer or Dedication of Common Area. The Association may transfer, dedicate, or grant easements over portions of the Common Area to any other local, state, or federal governmental or quasi -governmental entity without a vote of the Owners subject to compliance with Section 15.2, if applicable. Article XVIII Amendment of Declaration 18.1. By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit 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 (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit 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. page 45 9172.O02.doc 18.2. By Members. 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 67% of the total Class "A" votes in the Association, including 67% of the Class "A" votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. In addition, the approval requirements set forth in Article XV shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "B" Member without Declarant's written consent or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 18.4. Exhibits. Exhibit "A" attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit "B" is incorporated by reference and may be amended pursuant to Sections 18.1 and 18.2, or as provided in Article III. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above. THE QUADRANT CORPORATION, a Washington corporation, doing business as Quadrant Homes By: page 46 . 9172.002.doc STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the of The Quadrant Corporation on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this _ day of , 2012. (printed name): NOTARY PUBLIC My Commission expires: page 47 9172.002.doc EXHIBIT "A" Land Submitted to Declaration Lots 1-30 and Tracts A- _ of Beclan (a.k.a. Beclan Place), according to the plat thereof recorded in Volume of Plats, Pages _ through , inclusive, King County Recorder's Number records of King County, Washington. Situate in the County of King, State of Washington. page 48 - 9172.002.doc EXHIBIT "B" Initial Use Restrictions The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limited by the Association pursuant to Article III of the Declaration. (a) General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders, or the Association consistent with this Declaration and any Supplemental Declaration). (b) Restrictions. The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board: (1) Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the PIC. (2) Nuisances. No noxious or undesirable thing, activity or use of any Unit in the Properties shall be permitted or maintained. If the PIC shall determine that a thing or use of any Unit or any part of the Properties is undesirable or noxious, such determination shall be conclusive. The PIC may recommend and the Board may direct that steps be taken as is reasonably necessary including, without limitation, the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the PIC or described in this Declaration to constitute a nuisance. (3) Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Unit on which they are kept. Provided, however, the Board in its discretion may designate certain tracts as off -leash dog areas, subject to reasonable rules, so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all solid waste is removed by the Owner utilizing the Tract for such purposes. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Each Owner shall be responsible for cleaning up after his or her animal for any waste or damage to any area outside of the Owner's Unit. (4) Limitation on Signs. The Association may regulate or prohibit all signs, to the full extent allowed by State law. The Association may establish guidelines or restrictions including duration, location and appearance of signs. In addition to other rights reserved to Declarant in the Declaration, Declarant hereby reserves for itself and all Builders, so long as Declarant or any Builders own any Lot, the right to maintain upon the Properties such signs as in the opinion of Declarant are required, convenient or incidental to the merchandising and sale of the Lots. (5) Completion of Construction Projects. The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within one year of the date of commencement of construction, except such construction as is performed by Declarant, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Unit, and rear yard landscaping must be completed within six months of completion of a Unit. Except with the approval of the Board, no person shall reside on the premises of any Unit until such time as the improvements to be erected on the Unit in accordance with the plans and specifications approved by the Board have been completed. (6) Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Unit. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non -decorative gear, equipment, cans, bottles, ladders and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit unless prior written approval shall have been obtained from the PIC. Garbage containers and recycle bins are to be stored so as not to be seen from the street, except on pick-up days. Owners should insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up around their property at all times. (7) Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties without PIC approval. All over -the -air reception devices shall comply with the Residential Design Guidelines or other applicable rules adopted by the Association pertaining to the means, method and location of antennas and satellite dishes. PIC approval will be consistent with FCC regulations. (8) Setbacks. No building shall be located on any Unit nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. (9) Roofs. Roofs on all buildings must be finished with materials approved for use by the PIC. More than one type of material may be approved. (10) Fences. Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been obtained from the PIC. The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the PIC. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the PIC. (11) Residential Use Only. Except for Declarant's or a Builder's temporary sales, construction offices and model homes, no Unit shall be used for other than one detached single-family residential dwelling, with driveway parking used for not more than three cars. (12) Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. (13) Sales and Construction Facilities. Notwithstanding any other provision in this Declaration to the contrary, it is expressly permissible for Declarant, a Builder, and their agents, employees or nominees, to maintain on any portion of the Properties owned by Declarant, a Builder or on the Common Areas such facilities as the they may reasonably feel are required, convenient or incidental to the construction and/or sales of Units or improvements thereon. Declarant may permit, in writing, an individual page 2 9172002.doc Owner or third party purchaser to maintain temporary equipment and construction material on the Owner's Unit when the Declarant feels the same is reasonably required, convenient or incidental to construction activities for improvement of the Unit. (14) Drainage Waters. Following original grading of the roads and ways of the Properties, no drainage waters shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way. The Owner of any Unit, prior to making any alteration in the drainage system, must make application to and receive approval from the applicable governmental jurisdiction. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any Unit as may be undertaken by or for the Owner of any Unit shall be done by and at the expense of such Owner. (15) NBA Restrictions and Maintenance. Al areas designated on the Plat as Native Growth Protection Area, Sensitive Area, Buffer, Natural Buffer Area, Wetland or Wetland Buffer (collectively, "NBA") shall be left permanently undisturbed in a substantially natural state. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these areas, except the activities approved by the Local Jurisdiction. Some activities that may be permitted are: (1) underground utility lines and drainage discharge swales may cross such areas, utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing; (2) fences, when the NBA and its buffer are not detrimentally affected; and (3) removal of hazardous vegetation by the Owner of a Unit on which a NBA is located. The Association shall be responsible for operating, maintaining and restoring the condition of the NBA in the event any unauthorized disturbance occurs; however, in the event that this disturbance is determined to be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA from the party disturbing the area. (16) Deviation by Consent of Declarant. Declarant hereby reserve the right to enter into an agreement with the Owner of any Unit (without the consent of the Owner of any other Unit) to deviate from the conditions, restrictions, limitations or agreements contained in this Declaration. Any deviation shall be manifested in an agreement in writing and shall not constitute a waiver of any such condition; restriction, limitation, or agreement as to the remaining Lots located on the Properties; and the condition, restriction, limitation or agreement waived by Declarant shall remain fully enforceable as to all other Lots located in the Properties. (17) Timeshares. No operation of a timesharing, fraction -sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, is permitted. However, the Declarant may operate such a program and may permit others to operate such a program in the Plat. (18) Conversion of Carports or Garages. Conversion of any carport, garage, attic, or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Unit is prohibited. (19) Irrigation Systems. No sprinkler or irrigation systems or wells of any type may draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant and its designees shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent allowed by the Permits. page 3 9972.002.doc (20) Burning. No open-air burning or use of wood stoves is permitted, except in compliance with Local Jurisdiction Ordinances. However, outdoor cooking facilities, such as barbeques, are permissible subject to rules, regulations, and Local Jurisdiction Ordinances. (21) Limitation on Storage of Vehicles — Temporary Permits for RVs. Except as hereinafter expressly provided, the Units, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the Unit (provided that such commercial vehicles contain a single rear axle). Vehicles shall not be parked on a driveway or street in lieu of being parked in an available space in a garage, except as otherwise provided by Rules established by the Board. Boats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Properties, except as specified herein, or as may be permitted by Rules established by the Board. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any Unit or street unless stored in a garage. Notwithstanding the foregoing, Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the PIC for guests to park a vehicle on the driveway of a Unit for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the PIC or its authorized representative to park at the Unit. An Owner that stores a recreation vehicle off-site may park the vehicle on the driveway of a Unit for 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel. (22) Changing Unit Contours and Drainage; Subdivisions. The surface grade or elevation of the various Units shall not be substantially altered or changed in any manner which would affect the relationship of such Unit with other Units, or which would result in materially obstructing the view from any other Unit, or which would otherwise produce an effect out of harmony with the general development of the immediate area in which said Unit is located. Whether or not such alteration or change in the elevation or grade of any Unit would be prohibited shall be determined by the Declarant during the Class "B" Control Period in its sole and uncontrolled discretion. No further subdivision of any Unit without resubmitting for formal plat procedure is allowed. The sale or lease of less than a whole Unit in the Plat is expressly prohibited. (23) Garbage Disposal. The Owners of the Units shall ensure that no garbage can or other receptacle will be visible from any place outside the residence except on collection day. (24) Prohibited Materials. In order to protect the environment, sensitive areas and water quality precautions must be taken with the storm drainage system on site. The following materials shall not be allowed to enter any surface or subsurface part of the public and/or private drainage system. (i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil. (ii) Trash and/or debris. (iii) Animal waste. (iv) Chemicals and/or paint. (v) Steam cleaning waste. (vi) Washing uncured concrete for cleaning and/or finishing purposes or to expose aggregate. (vii) Laundry wastes or other soaps. page 4 9172.002.doc (viii) Pesticides, herbicides, or fertilizers. (ix) Sewerage. (x) Heated water. (xi) Chlorinated water or chlorine. (xii) Degreasers and/or solvents. (xiii) Bark or other fibrous material. (xiv) Antifreeze and/or other automotive products. (xv) Lawn clippings, leaves or branches. (xvi) Animal carcasses. (xvii) Silt. (xviii) Acids or alkalis. (xix) Recreation vehicle wastes. (xx) Dyes, unless prior permission has been granted by the Local Jurisdiction. (xxi) Construction materials. Any Owner found to not be in compliance with the use, handling or storage of these items shall immediately remove and remedy the matter, upon written notice of the Association or the Local Jurisdiction. (c) Street Trees. Street Trees are those trees planted by Declarant, or at the Declarant's direction, to comply with the requirements contained in the Plat. Street Trees may be located on Units near the public right of ways that lie within and along the boundaries of the Plat. Street Trees that are located within Common Areas are owned by the Association. A pre-existing tree or a tree planted by the Declarant on a Unit at the time it is purchased by an Owner is considered a Street Tree. Any tree located within twenty (20) feet of a public right of way (whether such right of way is located within or outside the Plat), shall be presumed to be a Street Tree subject to the restrictions contained herein, unless the Association, the Declarant or the Local Jurisdiction confirm otherwise in writing to the Owner. (1) Easement Granted. The Association, the Declarant (and any Builder or person who has posted a bond related to the planting, maintenance or replacement of Street Trees with any government jurisdiction, and who has agreed to carry out the Declarant's duties as they pertain to Street Trees — who for the purpose of this Section may exercise the Declarant's rights related to Street Trees) are granted an easement to place, care for and maintain Street Trees on each Unit on the Properties, in locations adjacent to the public right of ways and sidewalks, whether such public right of ways are located along the front, side or back boundary of a Unit. The easement granted herein shall extend onto a Unit for a distance sufficient for a Street Tree (of a variety approved by the Local Jurisdiction or its successor) to be planted, maintained and pruned in manner consistent with good nursery practices. The Association and the Declarant are also granted such temporary easements that are needed to reach the location of any Street Tree, across any Unit or Common Areas on the Properties. (2) Responsibility for Planting and Maintenance of Street Trees. The Declarant shall, in their sole discretion (but consistent with the requirements of the Local Jurisdiction), plant the Street Trees in such locations on the Units along the right of ways and in the Common Areas that the Declarant determines. The Owners and the Association shall have primary responsibility for the maintenance of the Street Trees after they are planted, unless such responsibility is assumed by the Local Jurisdiction. The division of responsibility between the Owners, the Association and the Local Jurisdiction for different aspects of maintenance of the Street Trees may be established by notations on the face of the Plat, or if there are no such notations, by rule promulgated by the Board or ordinance adopted by the Local page 5 9172.002.doc Jurisdiction. The Owners and the Association shall provide such maintenance to the Street Trees that is appropriate, based upon good nursery practices and requirements imposed by the Declarant or the Local Jurisdiction. The Owners and the Association shall be prohibited from (1) voting to abandon or ceasing the maintenance of the Street Trees, or (2) removing or altering (other than appropriate pruning) the Street Trees without permission of Declarant, until such date that the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees is released and fully exonerated, without charge or reduction, or upon the bonds' forfeiture. (3) Remedies for Failure to Maintain Street Trees. In the event that any Owner and the Association fail to maintain the Street Trees, a Declarant may elect to maintain the Street Trees and may charge the Association and the Owners, as a special assessment, the cost of such maintenance. The special assessment arising under this section shall be a lien on the Properties in favor of Declarant, which Declarant may enforce (in place of the Association) in the manner described in the Declaration. In the alternative, Declarant may elect to charge any sums deducted from the Declarant's performance bond as a special assessment against the Association and the Owners, impose the special assessment as a lien on the Properties in favor of Declarant, and enforce such special assessment (in place of the Association) in the manner described in the Declaration. This provision may not be amended without the permission of Declarant, until the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees are released and fully exonerated, without charge or reduction, or such bonds are forfeited. (4) Remedies Upon Removal or Alteration of Street Trees. In the event that an Owner removes or alters inappropriately a Street Tree without written permission of a Declarant (until the Declarant's performance and maintenance bonds are released or forfeited, and then the Association or the Local Jurisdiction, if the Local Jurisdiction assumes responsibility for the Street Trees), the removal shall be a violation of this Declaration and of RCW 64.12.030. Declarant, (until Declarant's performance and maintenance bonds are released in full without claim, and then the Association or the Local Jurisdiction), may bring an action to restrain the removal of any Street Tree, or for damages arising from such removal, including such additional, treble damages and attorney's fees that are available under this Declaration or state law. (5) Termination or Alteration of Restrictions on Removal of Street Trees. Declarant's rights and duties described herein shall cease and automatically terminate upon (1) release in full, without claims, of the Declarant's performance and maintenance bonds, (2) recovery of compensation by Declarant for all sums deducted from the bond, or (3) a date six years from the date of any bond forfeiture, whichever event occurs first. After Declarant's performance and maintenance bonds are released or forfeited, and the Declarant has received the full exoneration of the bonds without claims, or compensation for any payments made from the bonds, the Association may apply to the Local Jurisdiction or its successor for approval to terminate or alter the restrictions imposed upon the removal or alteration of Street Trees described in this Section. Such application may be made if a majority of the Owners approve of the Association's application for termination or alteration of the Street Tree restrictions. Upon written notification from the Local Jurisdiction of the termination or alteration of the restrictions upon Street Trees contained herein, the Association shall record a copy of the written notice in the Recorder's Office of the Local Jurisdiction in which the Plat is located. Upon recordation of such notice, the provisions of this related to Street Trees shall terminate or be amended in the manner described in the notice. page 6 9172.002.doc (d) Restrictions Upon Rentals. This Section applies to the renting or leasing of Units (collectively, "renting" or "rental"), including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal, and all living arrangements in any way governed by the provisions of RCW 59.12 or RCW 59.18, and shall also apply to any sublease of a Unit and the assignment of any lease of a Unit. No Unit Owner may rent a Unit or any portion of a Unit without prior written approval of the Board of the Association ("Rental Approval"). No rental of a Unit or any portion of a Unit shall be valid or enforceable unless it complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant. The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval. The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner -occupied residential environment. (1) Definitions. The following definitions shall apply to this Section: (a) "Occupant" means anyone who occupies any portion of a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. (b) "Related Party" means a person who has been certified in a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7) the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as "domestic partner" is defined by Seattle Municipal Code Section 4.30.020, or any amendment of successor to such statute, or if the statute is repealed, the definition last contained in the statute before its repeal, or if the Local Jurisdiction adopts such a statute, the statute adopted by the Local Jurisdiction, (9) the officer, director or employee of any Owner which is a corporation, (10) member or employee of any Owner that is a limited liability company, or (11) partner or employee of any Owner that is a partnership. (c) "Rental Agreement" shall mean any agreement, written or oral, related to the renting or leasing of any Unit or portion of a Unit. (d) "Tenant" means and includes a tenant, lessee, renter or other non -Owner occupant of a Unit that is not occupied by its Owner. For the purposes of the declaration, the term Tenant shall not include a Related Party. (2) Rental Limitation. During the Class B Control Period, no Unit or portion of a Unit may be rented by an Owner without the written permission of Declarant. After Declarant holds no property subject to this Declaration or described in Exhibit A, and the Class B Control Period has ended, the Board may determine the number of Units that may be rented at any one time, by adoption of a rule setting the number of Units that may be rented. The Board may determine that no Units or portions of Units may be rented. The restrictions contained in this section shall be known as the "Rental Limitation". (3) Procedure for Obtaining Approval for Renting Unit. Owners interested in renting their Unit or a portion thereof (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board in such form as shall be reviewed and accepted by the Board. Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit. In the event the Unit is not rented within the 90 -day period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90 -day period, Page 7 9172.002.doc or if a written rental agreement is signed within the 90 -day period and the term commences within 30 days of the signing of the rental agreement. (4) Waiting List. Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Neighborhood Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. (5) Approved Rental Unit. A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section. A Unit shall remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement in strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other than an exempt transfer (as defined below), made by the Owner to a new Owner, the Unit shall be deemed to be an Owner Occupied Unit. Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article. For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person. (6) Hardship Exception. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation in connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner -occupied neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for such a temporary period as to be determined by the Board. In addition, the Board shall have the authority, notwithstanding the Rental Limitation, to consent to the Rental of a Unit, title to which is acquired following a default in a mortgage or Deed of Trust. (7) Copies of Rental Agreement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. (8) Delivery of Governing Documents to Tenants. Prior to signing any Rental Agreement, it shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be page 8 9172.002.doc determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner. (9) Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including all such rights and remedies as are otherwise provided in the Governing Documents or by applicable Washington law. In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of the Governing Documents, the Board may give notice to the Owner to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith. The Association shall have a lien against title to the Owner's Unit for any costs incurred by it in connection with such eviction, including reasonable attorneys' fees, which may be collected and foreclosed by the Association in the same manner as assessments are collected and foreclosed. (10) Rules and Regulations. The Board may adopt Rules and Regulations in furtherance of the administration of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members. (11) Requirements of Rental Agreement. All Rental Agreements shall be in writing. Any Rental Agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the Rental Agreement. (12) Rent Paid to Association. If a Unit is rented by its Owner, the Board may collect, and the Tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the Tenant to the Association hereunder, plus interest, costs, litigation expenses and attorneys fees if the same are in default over thirty (30) days. The Tenant shall not have the right to question payment to the Board, and such payment will discharge the Tenant'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 or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the Rental Agreement. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner, nor in derogation of any right which a Mortgagee of such Unit may have with respect to such rents. page 9 9172.002.doc Name: LOT 1 North: 179789.0842' East: 1315263.1403' Oi.i ;i' 2111: Segment #1 : Line Course: S00°25'40'W Length: 114.72' North: 179674.3674' East: 1315262.2838' Segment#2 : Curve Length: 23.86' Radius: 15.00' Delta: 091°09'16" Tangent: 15.31' Chord: 21.43' Course: S46°00'18'W Course In: N89°34'20'W Course Out: S01°34'55"W RP North: 179674.4794' East: 1315247.2842' End North: 179659.4851' East: 1315246.8701' Segment #3 Line Course: N88°25'05"W Length: 56.11' North: 179661.0341' East: 1315190.7815' Segment#4 : Line Course: N01°34'55"E Length: 130.00' North: 179790.9845' East: 1315194.3704' Segment #5 : Line Course: S88°25'05"E Length: 68.80' North: 179789.0852' East: 1315263.1441' Perimeter: 393.49' Area: 9063 Sq. Ft. Error Closure: 0.0040 Course: N74°58'54"E Error North: 0.00103 East: 0.00384 Precision 1:98372.50 .........»...........................».........................,...... Name: LOT North: 179661.0331' East: 1315190.7815' Segment #1 : Line Course: N88°25'05"W Length: 60.00' North: 179662.6895' East: 1315130.8044' Segment #2 : Line Course: N01°34'55"E Length: 130.00' North: 179792.6399' East: 1315134.3932' Segment #3 Line Course: S88°25'05"E Length: 60.00' North: 179790.9835' East: 1315194.3704' Segment #4 Line Course: S01°34'55"VV Length: 130.00' North: 179661.0331' East: 1315190.7815' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: N82°52'30'W Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 .....„................................................................. Name: LOT 3 North: 179664.3461' East: 1315070.8272' Segment #1 : Line Course: N01'34'55"E Length: 130.00' North: 179794.2966' East: 1315074.4161' Segment #2 : Line Course: S88°25'05"E Length: 60.00' North: 179792.6402' East: 1315134.3932' Segment #3 : Line Course: S01°34'55"W Length: 130.00' North: 179662.6897' East: 1315130.8044' Segment #4 : Line Course: N88'25'05'W Length: 60.00' North: 179664.3461' East: 1315070.8272' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: N82°52'30'W Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 .......................................................... Name: LOT 4 North: 179666.0026' East: 1315010.8501' Segment#1 : Line Course: N01°34'55"E Length: 130.00' North: 179795.9531' East: 1315014.4390' Segment #2 : Line Course: S88°25'05"E Length: 60.00' North: 179794.2967' East: 1315074.4161' Segment #3 Line Course: S01°34'55'W Length: 130.00' North: 179664.3462' East: 1315070.8272' Segment #4 : Line Course: N88°25'05"W Length: 60.00' North: 179666.0026' East: 1315010.8501' Perimeter: 380.00' Area: 7800 Sq. Ft Error Closure: 0.0000 Course: N82°52'30'W Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 .......«,..,«.,.„.......,.........................«.....,...,».,.., Name: LOT 5 North: 179666.0026' East: 1315010.8501' Segment#1 : Line Course: N88°25'05'W Length: 60.00' North: 179667.6590' East: 1314950.8730' Segment #2 : Line Course: N01°34'55"E Length: 130.00' North: 179797.6095' East: 1314954.4618' Segment#3 : Line Course: S88°25'05"E Length: 60.00' North: 179795.9531' East: 1315014.4390' Segment #4 : Line Course: S01°34'55'W Length: 130.00' North: 179666.0026' East: 1315010.8501' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: N82°52'30"W Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 ...........««................................................»,...... Name: LOT North: 179667.6591' East: 1314950.8730' Segment #1 : Line Course: N88'25'05'VJ Length: 60.00' North: 179669.3155' East: 1314890.8959' Segment #2 : Line Course: N01°34'55"E Length: 130.00' North: 179799.2660' East: 1314894.4847' Segment #3 : Line Course: S88°25'05"E Length: 60.00' North: 179797.6096' East: 1314954.4618' Segment#4 : Line Course: S01 °34'55"W Length: 130.00' North: 179667.6591' East: 1314950.8730' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: N82'52'30'VJ Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 ....................................„...................„....«..«.«.«. Name: LOT 7 North: 179669.3157' East: 1314890.8959' Segment#1 : Line Course: N88°25'05"W Length: 60.00' North: 179670.9721' East: 1314830.9187' Segment#2 : Line Course: N01°34'55"E Length: 130.00' North: 179800.9225' East: 1314834.5076' Segment #3 : Line Course: S88°25'05"E Length: 60.00' North: 179799.2661' East: 1314894.4847' Segment#4 : Line Course: S01 °34'55"W Length: 130.00' North: 179669.3157' East: 1314890.8959' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: N82°52'30"W Error North: 0.00000 East: -0.00000 Precision 1:380000000.00 .............«....................... ................................... Name: LOT 8 North: 179904.4066' East: 1315264.0012' Segment#1 : Line Course: S00°25'40'W Length: 115.33' North: 179789.0798' East: 1315263.1401' Segment#2 : Line Course: N88°25'05'W Length: 71.35' North: 179791.0495' East: 1315191.8173' Segment#3 : Line Course: NO 1'34'55"E Length: 130.00' North: 179921.0000' East: 1315195.4062' Segment #4 : Line Course: S88°25'05"E Length: 54.03' North: 179919.5084' East: 1315249.4156' Segment #5 : Curve Length: 23.26' Radius: 15.00' Delta: 088°50'44" Tangent: 14.70' Chord: 21.00' Course: S43°59'42"E Course In: S01°34'55"W Course Out: S89°34'20"E RP North: 179904.5141' East: 1315249.0015' End North: 179904.4021' East: 1315264.0011' Perimeter: 393.96' Area: 9059 Sq. Ft. Error Closure: 0.0045 Course: S01°28'39"W Error North: -0.00446 East: -0.00012 Precision 1:87548.89 .»..»..........................:....+................................. Name: LOT 9 North: 179792.7105' East: 1315131.8408' Segment #1 : Line Course: N01°34'55"E Length: 130.00' North: 179922.6610' East: 1315135.4297' Segment #2 : Line Course: S88°25'05"E Length: 60.00' North: 179921.0046' East: 1315195.4068' Segment #3 : Line Course: S01°34'55"W Length: 130.00' North: 179791.0541' East: 1315191.8179' Segment#4 : Line Course: N88°25'05"W Length: 60.00' North: 179792.7105' East: 1315131.8408' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: S82°52'30"E Error North: -0.00000 East: 0.00000 Precision 1:380000000.00 .........»»»».»»...........................................«..... Name: LOT 10 North: 179794.3671' East: 1315071.8637' Segment#1 : Line Course: N01°34'55"E Length: 130.00' North: 179924.3175' East: 1315075.4525' Segment #2 : Line Course: S88°25'05"E Length: 60.00' North: 179922.6611' East: 1315135.4297' Segment #3 : Line Course: SD1°34'55"W Length: 130.00' North: 179792.7107' East: 1315131.8408' Segment #4 : Line Course: N88°25'05'W Length: 60.00' North: 179794.3671' East: 1315071.8637' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: S82°52'30"E Error North: -0.00000 East: 0.00000 Precision 1:380000000.00 .............................«»..,.......................,..,......,,. Name: LOT 11 North: 179796.0236' East: 1315011.8865' Segment#1 : Line Course: N01°34'55"E Length: 130.00' North: 179925.9740' East: 1315015.4754' Segment #2 : Line Course: S88°25'05"E Length: 60.00' North: 179924.3176' East: 1315075.4525' Segment #3 Line Course: S01 °34'55'W Length: 130.00' North: 179794.3672' East: 1315071.8637' Segment #4 Line Course: N88°25'05"W Length: 60.00' North: 179796.0236' East: 1315011.8865' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: S82°52'30"E Error North: -0.00000 East: 0.00000 Precision 1:380000000.00 ............ .................. ...........................,....,,.....,, Name: LOT 12 North: 179797.6801' East: 1314951.9094' Segment#1 : Line Course: N01°34'55"E Length: 130.00' North: 179927.6305' East: 1314955.4983' Segment#2 : Line Course: S88°25'05"E Length: 60.00' North: 179925.9741' East: 1315015.4754' Segment #3 : Line Course: S01°34'55'W Length: 130.00' North: 179796.0237' East: 1315011.8865' Segment#4 : Line Course: N88°25'05"W Length: 60.00' North: 179797.6801' East: 1314951.9094' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: S82°52'30"E Error North: -0.00000 East: 0.00000 Precision 1:380000000.00 Name: LOT 13 North: 179799.3366' East: 1314891.9323' Segment #1 : Line Course: N01°34'55"E Length: 130.00' North: 179929.2871' East: 1314895.5212' Segment#2 : Line Course: S88°25'05"E Length: 60.00' North: 179927.6307' East: 1314955.4983' Segment #3 : Line Course: S01°34'55"W Length: 130.00' North: 179797.6802' East: 1314951.9094' Segment #4 : Line Course: N88°25'05"W Length: 60.00' North: 179799.3366' East: 1314891.9323' Perimeter: 380.00' Area: 7800 Sq. Ft. Error Closure: 0.0000 Course: S82°52'30"E Error North: -0.00000 East: 0.00000 Precision 1:380000000.00 ..«.................................+.................................. Name: LOT 14 End North: 179934.1911' East: 1314850.7281' Segment#1 : Curve Length: 22.26' Radius: 67.00' Delta: 019°02'24" Tangent: 11.24' Chord: 22.16' Course: S78"53'53"E Course In: N20°37'19"E Course Out: S01°34'55'W RP North: 179996.8980' East: 1314874.3255' End North: 179929.9236' East: 1314872.4758' Segment#2 Line Course: S88°25'05"E Length: 23.05' North: 179929.2872' East: 1314895.5171' Segment #3 : Line Course: SOV34'55'W Length: 130.00' North: 179799.3368' East: 1314891.9282' Segment#4 : Line Course: N88°25'05'W Length: 60.00' North: 179800.9932' East: 1314831.9511' Segment#5 : Line Course: N01°34'55"E Length: 96.37' North: 179897.3265' East: 1314834.6115' Segment #8 : Line Course: N23°36'22"E Length: 40.24' North: 179934.1992' East: 1314850.7255' Pedmeter: 371.92' Area: 7600 Sq. Ft. Error Closure: 0.0085 Course: N17'43'04"W Error North: 0.00809 East: -0.00259 Precision 1:43755.29 Name: LOT 15 North: 179961.2555' East: 1314816.8918' Segment #1 : Line Course: S39'2542"E Length: 8.95' North: 179954.3424' East: 1314822.5760' Segment#2 : Curve Length: 35.02' Radius: 67.00' Delta: 029"56'58" Tangent: 17.92' Chord: 34.62' Course: S54'24'1 VE Course In: N50°34'18"E Course Out: S20°37'19"W RP North: 179996.8949' East: 1314874.3281' End North: 179934.1879' East: 1314850.7307' Segment #3 : Line Course: S23'36'22"W Length: 40.24' North: 179897.3152' East: 1314834.6167' Segment #4 Line Course: S01034'55'W Length: 96.37' North: 179800.9820' East: 1314831.9563' Segment#5 Line Course: N88°25'05"W Length: 60.00' North: 179802.6384' East: 1314771.9792' Segment #6 : Line Course: N01°34'55"E Length: 115.60' North: 179918.1943' East: 1314775.1705' Segment#7 : Line Course: S88"25'05"E Length: 17.43' North: 179917.7131' East: 1314792.5938' Segment #8 : Line Course: N29°10'14"E Length: 49.85' North: 179961.2408' East: 1314816.8913' Perimeter: 423.45' Area: 8438 Sq. Ft. Error Closure: 0.0148 Course: S01°51'23"W Error North: -0.01474 East: -0.00048 Precision 1:28612.16 ..»..»..»..»..»«.»..»..»««».«».«»««».«.».«».,»««»«.»«.»«.»»..«..«.»««».« Name: LOT 16 North: 179853.7603' East: 1314773.3897' Segment #1 : Line Course: S01°34'55"W Length: 65.30' North: 179788.4852' East: 1314771.5870' Segment #2 Line Course: N88°25'05'W Length: 109.97' North: 179791.5211' East: 1314661.6589' Segment #3 : Line Course: NOD°28'35"E Length: 65.31' North: 179856.8288' East: 1314662.2019' Segment #4 : Line Course: S88°25'05"E Length: 111.23' North: 179853.7582' East: 1314773.3895' Perimeter: 351.82' Area: 7223 Sq. Ft. Error Closure: 0.0022 Course: SO4°40'14'W Error North: -0.00215 East: -0.00018 Precision 1:159913.64 — .................... ............................................. Name: LOT 17 North: 179921.3089' East: 1314662.7426' Segment #1 : Line Course: S88°25'05"E Length: 112.48' North: 179918.2059' East: 1314775.1739' Segment#2 : Line Course: S01'34'55"W Length: 64.47' North: 179853.7605' East: 1314773.3941' Segment #3 : Line Course: N88°25'05"W Length: 111.23' North: 179856.8312' East: 1314662.2065' Segment #4 : Line Course: N00°28'35"E Length: 64.48' North: 179921.3089' East: 1314662.7426' Perimeter: 352.67' Area: 7211 Sq. Ft. Error Closure: 0.0062 Course: S69'39'29"E Error North: -0.00217 East: 0.00584 Precision 1:56880.65 ......................... .,.,,............................ ..... ,,.....,. Name: LOT 18 North: 179921.3113' East: 1314662.7337' Segment #1 : Line Course: N00°28'35"E Length: 114.73' North: 180036.0373' East: 1314663.6877' Segment#2 : Curve Length: 23.85' Radius: 15.00' Delta: 091°06'20" Tangent: 15.29' Chord: 21.42' Course: N46"01'45"E Course In: S89°31'25"E Course Out N01°34'55"E RP North: 180035.9126' East: 1314676.6871' End North: 180050.9069' East: 1314679.1012' Segment#3 : Line Course: S88°25'05"E Length: 54.20' North: 180049.4106' East: 1314733.2806' Segment #4 : Curve Length: 0.52' Radius: 31.09' Delta: 000°57'54" Tangent: 0.26' Chord: 0.52' Course: 587°49'05"E Course In: S01°41'58W Course Out: NO2°39'52"E RP North: 180018.3343' East: 1314732.3586' End North: 180049.3907' East: 1314733.8038' Segment#5 : Line Course: S00°28'35'W Length: 130.02' North: 179919.3752' East: 1314732.7228' Segment #6 : Line Course: N88°25'05"W Length: 70.01' North: 179921.3079' East: 1314662.7395' Perimeter: 393.34' Area: 9051 Sq. Ft. Error Closure: 0.0066 Course: S59°26'03"E Error North: -0.00338 East: 0.00572 Precision 1:59595.45 Name: LOT 19 End North: 180049.3926' East: 1314733.8012' Segment#1 : Curve Length: 20.85' Radius: 24.88' Delta: 048°01'29" Tangent: 11.09' Chord: 20.25' Course: S63°19'24"E Course In: S02°39'52"W Course Out: N50'41'21"E RP North: 180024.5395' East: 1314732.6446' End North: 180040.3016' East: 1314751.8948' Segment #2 : Line Course: S39°25'42"E Length: 102.33' North: 179961.2599' East: 1314816.8858' Segment #3 Line Course: S29'1 0'14"W Length: 49.85' North: 179917.7323' East: 1314792.5884' Segment #4 Line Course: N88°25'05'W Length: 59.90' North: 179919.3859' East: 1314732.7112' Segment#5 : Line Course: N00"28'35"E Length: 130.02' North: 180049.4014' East: 1314733.7923' Perimeter: 362.96' Area: 7221 Sq. Ft. Error Closure: 0.0126 Course: N45°14'21"W Error North: 0.00884 East: -0.00892 Precision 1:28805.56 ..........._.._...—.—...................................».,«...., Name: LOT 20 North: 180087.9917' East: 1315195.6181' Segment#1 : Line Course: S88°23'06"E Length: 69.77' North: 180086.0254' East: 1315265.3604' Segment #2 : Line Course: S00°25'40"W Length: 109.61' North: 179976.4184' East: 1315264.5420' Segment#3 : Curve Length: 23.86' Radius: 15.00' Delta: 091°09'16" Tangent: 15.31' Chord: 21.43' Course: S46°00'18"W Course In: N89°34'20"W Course Out: S01°34'55'W RP North: 179976.5304' East: 1315249.5424' End North: 179961.5361' East: 1315249.1283' Segment #4 : Line Course: N88°25'05' W Length: 56.98' North: 179963.1092' East: 1315192.1700' Segment#5 : Line Course: N01°34'55"E Length: 124.93' North: 180087.9916' East: 1315195.6189' Perimeter: 385.15' Area: 8821 Sq. Ft. Error Closure: 0.0009 Course: S78°21'13"E Error North: -0.00018 East: 0.00086 Precision 1:427944.44 ....................................... ........................<,._.. Name: LOT 21 North: 180089.8306' East: 1315130.3940' Segment#1 : Line Course: S88°23'06"E Length: 65.25' North: 180087.9916' East: 1315195.6181' Segment #2 : Line Course: S01°34'55"W Length: 124.93' North: 179963.1093' East: 1315192.1692' Segment #3 : Line Course: N88°25'05"W Length: 65.25' North: 179964.9106' East: 1315126.9440' Segment #4 : Line Course: N01034'55"E Length: 124.97' North: 180089.8330' East: 1315130.3940' Perimeter: 380.40' Area: 8153 Sq. Ft. Error Closure: 0.0024 Course: N01°19'04"E Error North: 0.00235 East: 0.00005 Precision 1:158500.00 ..........................................«..«..«..«..«......,..,«...., Name: LOT 22 North: 179964.9114' East: 1315126.9438' Segment#1 : Line Course: N88°25'05"W Length: 66.25' North: 179966.7403' East: 1315060.7191' Segment #2 : Line Course: N01 °34'55"E Length: 125.00' North: 180091.6927' East: 1315064.1699' Segment #3 : Line Course: S88°23'06"E Length: 66.25' North: 180089.8255' East: 1315130.3936' Segment #4 Line Course: SO 1'34'55"W Length: 124.97' North: 179964.9032' East: 1315126.9436' Perimeter: 382.47' Area: 8280 Sq. Ft. Error Closure: 0.0082 Course: S01°39'32'W Error North: -0.00822 East: -0.00024 Precision 1:46642.68 ....................«,.»«,..,..........................»....»..».. Name: LOT 23 North: 179968.6385' East: 1314991.9953' Segment#1 : Line Course: N01°34'55"E Length: 125.04' North: 180093.6309' East: 1314995.4472' Segment #2 : Line Course: S88°23'06"E Length: 68.75' North: 180091.6933' East: 1315064.1699' Segment#3 Line Course: S01'34'55"W Length: 125.00' North: 179966.7409' East: 1315060.7191' Segment #4 : Line Course: N88°25'05'W Length: 68.75' North: 179968.6389' East: 1314991.9953' Perimeter: 387.55' Area: 8595 Sq. Ft. Error Closure: 0.0003 Course: N00°22'02'M/ Error North: 0.00034 East: -0.00000 Precision 1:1291800.00 ................ .,..,.,,..,"...........................«..,..,..,.,«,. Name: LOT 24 North: 180093.6351' East: 1314995.4476' Segment #1 Line Course: S01°34'55'W Length: 125.04' North: 179968.6428' East: 1314991.9956' Segment#2 Line Course: N88°25'05"W Length: 63.75' North: 179970.4027' East: 1314928.2699' Segment#3 : Line Course: N01'34'55"E Length: 125.08' North: 180095.4351' East: 1314931.7230' Segment #4 : Line Course: S88°23'06"E Length: 63.75' North: 180093.6384' East: 1314995.4477' Perimeter: 377.63' Area: 7973 Sq. Ft. Error Closure: 0.0032 Course: NO 1'23'36"E Error North: 0.00322 East: 0.00008 Precision 1:118006.25 .......„........................«............«................ Name: LOT 25 North: 179970.3986' East: 1314928.2696' Segment#1 : Line Course: N88°25'05'W Length: 54.66' North: 179971.9076' East: 1314873.6304' Segment#2 : Curve Length: 21.38' Radius: 25.00' Delta: 048°59'22" Tangent: 11.39' Chord: 20.73' Course: N63°55'23'W Course In: N01°34'55"E Course Out: S50°34'18"W RP North: 179996.8980' East: 1314874.3206' End North: 179981.0202' East: 1314855.0101' Segment#3 Line Course: N39°25'42'W Length: 52.91' North: 180021.8889' East: 1314821.4063' Segment #4 : Line Course: N54°08'40"E Length: 125.95' North: 180095.6634' East: 1314923.4883' Segment #5 : Line Course: S88°23'06"E Length: 8.23' North: 180095.4314' East: 1314931.7150' Segment #6 : Line Course: S01 °34'55"W Length: 125.08' North: 179970.3991' East: 1314928.2620' Perimeter: 388.21' Area: 8670 Sq. Ft. Error Closure: 0.0076 Course: N86°07'00"W Error North: 0.00052 East: -0.00760 Precision 1:51080.26 ..............«»........................................««.«,«,,,«.,,. Name: LOT 26 North: 180021.8894' East: 1314821.4108' Segment #1 : Line Course: N39°25'42'W Length: 58.37' North: 180066.9755' East: 1314784.3393' Segment#2 Curve Length: 6.42' Radius: 67.00' Delta: 005°29'20" Tangent: 3.21' Chord: 6.42' Course: N42°10'23"W Course In: S50°34'18'W Course Out: N45°04'57"E RP North: 180024.4230' East: 1314732.5872' End North: 180071.7309' East: 1314780.0315' Segment#3 : Line Course: N25'42'51"E Length: 60.10' North: 180125.8792' East: 1314806.1078' Segment #4 : Line Course: S64'1 7'09"E Length: 18.35' North: 180117.9174' East: 1314822.6406' Segment #5 : Line Course: S89030'15"E Length: 101.02' North: 180117.0432' East: 1314923.6568' Segment #6 : Line Course: S00°25'40"W Length: 21.38' North: 180095.6638' East: 1314923.4972' Segment#7 : Line Course: S54°08'40"W Length: 125.95' North: 180021.8894' East: 1314821.4152' Perimeter: 391.59' Area: 8496 Sq. Ft. Error Closure: 0.0044 Course: S89"45'44"E Error North: -0.00002 East: 0.00437 Precision 1:88997.73 ....................................»„,.... Name: LOT 27 North: 180161.2661' East: 1314823.1502' Segment#1 Line Course: N16024'53"E Length: 38.42' North: 180198.1201' East: 1314834.0073' Segment #2 : Line Course: N05°13'54"E Length: 2.00' North: 180200.1118' East: 1314834.1896' Segment#3 : Line Course: S88°23'03"E Length: 90.10' North: 180197.5711' East: 1314924.2538' Segment #4 : Line Course: S00°25'40"W Length: 80.53' North: 180117.0434' East: 1314923.6526' Segment #5 : Line Course: N89*30'15"W Length: 101.02' North: 180117.9176' East: 1314822.6363' Segment #6 : Line Course: N64°17'09'W Length: 18.35' North: 180125.8793' East: 1314806.1036' Segment#7 : Line Course: N25'42'51"E Length: 39.27' North: 180161.2604' East: 1314823.1421' Perimeter: 369.70' Area: 8366 Sq. Ft. Error Closure: 0.0099 Course: S55°18'51"W Error North: -0.00564 East: -0.00815 Precision 1:37342.42 Name: LOT 28 North: 180297.9688' East: 1314843.1505' Segment #1 : Line Course: S88°23'06"E Length: 81.87' North: 180295.6615' East: 1314924.9880' Segment #2 : Line Course: S00°25'40"W Length: 98.09' North: 180197.5742' East: 1314924.2556' Segment #3 : Line Course: N88°23'03'W Length: 90.10' North: 180200.1148' East: 1314834.1915' Segment #4 : Line Course: N05°13'54"E Length: 98.26' North: 180297.9655' East: 1314843.1511' Perimeter: 368.31' Area: 8432 Sq. Ft. Error Closure: 0.0034 Course: S10'10'11"E Error North: -0.00334 East: 0.00060 Precision 1:108329.41 ...............................««.««.............................«.. Name: LOT 29 End North: 180071.7299' East: 1314780.0322' Segment#1 : Curve Length: 50.87' Radius: 67.00' Delta: 043°30'02" Tangent: 26.73' Chord: 50.87' Course: N66°40'04"W Course In: S45"04'57'W Course Out: N01°34'55"E RP North: 180024.4220' East: 1314732.5879' End North: 180091.3965' East: 1314734.4376' Segment #2 : Line Course: N88°25'05'W Length: 22.34' North: 180092.0132' East: 1314712.1061' Segment #3 : Line Course: N25°42'51"E Length: 57.61' North: 180143.9181' East: 1314737.1020' Segment#4 : Line Course: N07°49'51'W Length: 23.86' North: 180167.5556' East: 1314733.8511' Segment #5 : Line Course: N35'08'18"E Length: 37.04' North: 180197.8456' East: 1314755.1696' Segment #6 Line Course: S88'23'03"E Length: 67.80' North: 180195.9337' East: 1314822.9426' Segment #7 : Line Course: N69°36'06"E Length: 12.01' North: 180200.1198' East: 1314834.1995' Segment #8 : Line Course: S05°13'54"W Length: 2.00' North: 180198.1281' East: 1314834.0171' Segment #9 : Line Course: S16°24'53"W Length: 38.42' North: 180161.2740' East: 1314823.1601' Segment#10 : Line Course: S25°42'51"W Length: 99.38' North: 180071.7447' East 1314780.0453' Perimeter: 411.32' Area: 8972 Sq. Ft. Error Closure: 0.0197 Course: N41 *20'45"E Error North: 0.01480 East: 0.01302 Precision 1:20879.19 ...... ---- ................................................ ....«. Name: LOT 30 North: 180197.8461' East: 1314755.1703' Segment#1 : Line Course: N35°08'18"E Length: 15.62' North: 180210.6196' East: 1314764.1605' Segment #2 : Line Course: N11°53'39"E Length: 58.73' North: 180268.0887' East: 1314776.2650' Segment #3 : Line Course: N28°34'53'W Length: 36.74' North: 180300.3515' East: 1314758.6883' Segment #4 : Line Course: S88°23'06"E Length: 84.50' North: 180297.9700' East: 1314843.1548' Segment#5 : Line Course: S05°13'54"W Length: 98.26' North: 180200.1193' East: 1314834.1951' Segment #6 : Line Course: S69'36'06"tN Length: 12.01' North: 180195.9333' East: 1314822.9383' Segment #7 : Line Course: N88°23'03'W Length: 67.80' North: 180197.8451' East: 1314755.1652' Perimeter: 373.65' Area: 7203 Sq. Ft. Error Closure: 0.0052 Course: S78°55'08"W Error North: -0.00101 East: -0.00513 Precision 1:71857.69 ................................«..........»................».»..... Name: TRACT A North: 179802.6504' East: 1314771.9705' Segment #1 : Line Course: S88°25'05"E Length: 62.55' North: 179800.9940' East: 1314831.9477' Segment #2 : Line Course: S01°34'55"W Length: 130.00' North: 179670.9723' East: 1314830.9153' Segment#3 : Line Course: N88°25'05"W Length: 145.77' North: 179674.9965' East: 1314685.2009' Segment #4 : Curve Length: 38.79' Radius: 25.00' Delta: 088°53'40" Tangent: 24.52' Chord: 35.01' Course: N43°58'15"W Course In: N01°34'55"E Course Out: N89°31'25'W RP North: 179699.9870' East: 1314685.8910' End North: 179700.1948' East: 1314660.8919' Segment #5 : Line Course: N00°28'35"E Length: 91.33' North: 179791.5217' East: 1314661.6513' Segment#6 : Line Course: S88°25'05"E Length: 109.97' North: 179788.4858' East: 1314771.5794' Segment #7 : Line Course: N01°34'55"E Length: 14.17' North: 179802.6504' East: 1314771.9705' Perimeter: 592.59' Area: 20612 Sq. Ft. Error Closure: 0.0075 Course: N83'33'03"W Error North: 0.00085 East: -0.00748 Precision 1:79010.67 Name: TRACT B North: 180092.0133' East: 1314712.1061' Segment #1 : Line Course: N88°25'05"W Length: 47.96' North: 180093.3373' East: 1314664.1644' Segment #2 : Line Course: N00°28'35"E Length: 209.64' North: 180302.9701' East: 1314665.9074' Segment #3 : Line Course: S88°23'06"E Length: 92.82' North: 180300.3541' East: 1314758.6906' Segment#4 : Line Course: S28°34'53"E Length: 36.74' North: 180268.0913' East: 1314776.2672' Segment#5 : Line Course: Sl 1'53'39"W Length: 58.73' North: 180210.6222' East: 1314764.1627' Segment#6 : Line Course: S35°08'18"W Length: 52.66' North: 180167.5587' East: 1314733.8541' Segment #7 : Line Course: S07°49'51"E Length: 23.86' North: 180143.9212' East: 1314737.1050' Segment #8 : Line Course: S25°42'51"W Length: 57.61' North: 180092.0163' East: 1314712.1091' Perimeter: 580.01' Area: 17815 Sq. Ft. Error Closure: 0.0043 Course: N44°01'54"E Error North: 0.00306 East: 0.00296 Precision 1:134888.37 +CHICAGO TITLE INSURANCE COMr TY 2300 COLOSIA CENTER, 70'_ 5TH AVE AMENDED 2ND CERTIFICATE SEATTLE, WA 98'.04 Order No.: 13 5117 8 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: SEE SCHEDULE A (NEXT PAGE) ' VESTED IN: THE QUADRANT CORPORATION, A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $350.00 TAX: $ 33.25 Records examined to October 19, 2012 at 8:00 A.M. CHICAGO TITLE LNSURA.NCE COMPANY By EASTSIDE TITLE UNIT Title Officer (425)646-9883 SHPLtTA/I2-s90/F CHICAGO TITLE INSURANCE COM Y SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A Order No.: 1351178 LOT 3, KING COUNTY SHORT PLAT NUMBER 488038, RECORDED UNDER RECORDING NUMBER 8909120157, IN KING COUNTY, WASHINGTON. PARCEL B: THE EAST 310 FEET OF THE SOUTH 200 FEET OF THE FOLLOWING: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH AND WEST 30 FEET FOR ROAD PURPOSES; AND EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 1408997 AND 4918232. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; AND RUNNING THENCE SOUTH 88022'52" EAST, ALONG THE NORTHERLY LINE THEREOF, 30 FEET, MORE OR LESS, TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 0°28'40" WEST ALONG SAID PARALLEL LINE, 200 FEET; THENCE EASTERLY, PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 300.70 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 300.780 FEET TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 0°25'28" WEST ALONG SAID PARALLEL LINE 226.91 FEET; THENCE NORTH 88°24'50" WEST, PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION 300.80 FEET; THENCE NORTHERLY 227.09 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THE NORTH 117 FEET OF THE EAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF. PARCEL D SEE NEXT PAGE CHICAGO TTH E INSURANCE COMPANY HCAGO TITLE COMPANY Policy No.: 001351178 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL. DESCRIPTION THE NORTH 117 FEET OF THE EAST 280 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF. LEGAL/RDA/- CHICAGO TITLE INSURANCE COMPANY Order No.: 1351178 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fust appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). CMCAGO'1"ITLE INSURANCE COMPANY �HICAGO TITLE INSURANCE COM] Y Order No.: 1353,178 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 79509 B 2. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID SHORT PLAT RECORDED UNDER RECORDING NUMBER 8909120157. C AFFECTS: PARCEL A D 3. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4918232 E AFFECTS: PARCEL B F 4. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4916233 G AFFECTS: PARCEL C AND D H 5. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612, AN ORDINANCE ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATH DOWNS, AND MAPLEWOOD SUB -BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO CIHCAGO TITLE INSURANCE C014PAN-Y CHICAGO TITLE INSURANCE COM 'Y Order No.: 1351178 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS THE FACILITIES: RECORDED: JUNE 21, 1996 RECORDING NUMBER: 9606210966 I 6. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2012 TAX ACCOUNT NUMBER: 152305-9065-04 LEVY CODE: 2146 ASSESSED VALUE -LAND: $ 352,000.00 ASSESSED VALUE -IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 4,668.79 PAID: $ 2,334.40 UNPAID: $ 2,334.39 AFFECTS: PARCEL A J 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2012 TAX ACCOUNT NUMBER: 152305-9064-05 LEVY CODE: 2146 ASSESSED VALUE -LAND: $ 167,000.00 ASSESSED VALUE -IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 2,231.81 PAID: $ 1,115.91 UNPAID: $ 1,115.90 AFFECTS: PARCEL B K 8. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT 'IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2012 TAX ACCOUNT NUMBER: 152305-9090-03 SHPiATe3/1L12-90/EK CHICAGO TIME INSURANCE COMPANY �HICAGO TITLE INSURANCE COM] Y Order No.: 1351178 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS LEVY CODE: 2146 ASSESSED VALUE -LAND: $ 92,000.00 ASSESSED VALUE -IMPROVEMENTS: $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 1,229.16 PAID: $ 614.58 UNPAID: $ 614.58 AFFECTS: PARCEL C V 9. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2012 TAX ACCOUNT NUMBER: 152305-9116-03 LEVY CODE: 2146 ASSESSED VALUE -LAND: $ 137,000.00 ASSESSED VALUE -IMPROVEMENTS: $ 92,000.00 GENERAL & SPECIAL TAXES: BILLED: $ 3,051.91 PAID: $ 1,525.96 UNPAID: $ 1,525.95 AFFECTS: PARCEL D P 10. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. R NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF ROW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST T NOTE 2: A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 9408249008. END OF SCHEDULE H SIULAM/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COM Y Order No.: 13 5117 8 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT BARGHAUSEN ENGINEERS (KENT) 18215 72ND AVE S KENT, WASHINGTON 98032 SANDY BAILEY EMAIL (425)251-6222 NOVASTAR DEVELOPMENT/BARGHAUSEN 18215 72ND AVENUE SOUTH KENT, WASHINGTON 98031 WAYNE POTTER EMAIL (999)999-9999 NOVASTAR DEVELOPMENT/BARGHAUSEN 18215 72ND AVENUE SOUTH KENT, WASHINGTON 98031 COREY WATSON EMAIL (999)999-9999 SHPT M/12-12-90/EK CHICAGO TIILB LNSURANCE COMPANY CL Q. �a `a Q 1„ z O -jLLu u C aQ cr O z z o a o z N 3 or N c'n L 3 Z .> o-> m o C O` N u a o O N f 0 4 Q) > o U T �U > _ @ c La a� NU 3 o a N o > O T.3 a o ❑ @ 06 o c NN Od L.� E o� a) O = N N E N C C o U m N a C 3 dN N J O � a U C oU N 0-2 a C "O N y V @6 oN _T O N d N d o aai N U 3 @ O N O E L C C @ d O o m o oc o o U o _@w @- u 3 m c of C n(n v O. 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U O@ .2 j O y O) O) C a) @ @@ a) d L e � O o@ a) 7) ` E 0 @ a.- a) C N C E C L .O C '� a) O o LL a) a) C LL (D 0) c N .. n@N OmQ- .>O U Q 'O° .0) -2 OJ m OU QL C OEQu) C@0 aNC O mO 7 > o- N u 0' 7E -@62` 3Ua) V O O J 0 0 d N@ aO 0 UU d O U U Y E NO Y 3L pm `O �' UC Y U M O Lvl n U -O C E O (n L .3 L N W a C� CO O. O O E a) E_ 'O `J @ O T@ c C N 0- 0) 0 '@ O C 0.... O (n 0 C U) a) O L_ T -O N (n fv U Q)� U U) N N d t� C N @ L a - @ p 0 F @ E E @ o> a�p�� N U O O E C_ V vi W a E n d@ 0 0 c L d o off E =° w o a._ @@ T° n O > a0 @ @a C 2 G@ SOU. ��a fl Q) O O T oLnao> K ° �a N @ o n O V -a-, C EOOQ n- L aTm E L o@ O �7 Q L p oE@ y° L E N N j L E @ L_ O U O O y •' f '- C O a O U @ W N c- 0 U w � '3 N C) a) O N (d y@. w N @@ y� L L° -0 U U) ID Y C L �' @ R a) @ 2 L O O` y U Z C LL a) L @ O N )T C a) 3 E 'O 0) C � o L C C .. C @ O E@@ O` o O N. O n O d C ° U C O C U@ O- h O° O.N. 0 cmU- m- n Ln �n� 0c 0 @ mL UmN Q a n 0 a� 02> E oa)aN OM - 0c > @ @� �)° 0) O n 'O U-' F @� �� a) 0 0 @co E U EL N 0 a) "O W > C p_ -0. 00 a) Q c > Q) U @L� a) U .. 0 U o 3 2 L a m �, C O F y 0 -o E@ 2 L C a) j O. L F O d @ ... L a) O H u N L a) w 0 O O_ F U) O 7 n U @ L 0 U J L@ H a) L@ C H a) @ C O r w m a c E 0 7 m )n CHICAGO TrrLE INS. REF# / 3 16SXa - G WHEN RECORDED RUUM70 THEOUADPAN100RPOPATION 14725 SE95TH STREET, SUITE 100 BELLEVUE. wASHW0TON9B0p8 2012051400144o9 CHICAGO TITLE 00 64.00 P., OF 003 05/14/4012 14:55 K 1NG COUNTY, W E2543358 05/14/4012 14:52 KING COUNTY, UaTFXy — 3400:000.00 PAGE -001 OF 001 OCHICAGO TITLE COMPANY 5107859 STATUTORY WARRANTY DEED TIM GRANTOR(S) KERWIN W, SNEEOAND HEATHERA SNEED, HUS—ANO WIFE for end in consideration of TEN DOLLARS AND OTHER 0000 AND VA1UABlE CONSIDERATION in heed paid, convey. and warrents. THE OUADRANT MWOPATION, A WASHINGTON OORPORATION the fo➢owing Described mal rsWtc situatedmthe Cou¢ty of TONG StsteofWashmgton: THE NORTH117FEUUTHEEAST200FEETOF7HE60UTH411FEETOFTHESOUTHEASTOUARTEROFTHE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OFSEC N 15, TOWNSHIP 2G NOHTH, WWCES EAST, W111AMETTE METODWJ, W NINA CDUNtt, WASHWGTOM� EXCEPTTHEEASTOOFEETTHFREOF, SUaIECi T6 EXCEPTIONS SET FORTH ON ATTACHED EXMOrt'A'AYD BY TMS RffERENCE MADEA PART HEREOF AS IFPULLY WOORPORATEO HEREIN Ahbrerleted te0aF. PDR OFNE t/4OF 152305 Tss Acc0Anl NTsmhv(s): t520p5911643 Dated: MAY 10,2012 HEATHER SNEED, rWn Slleea, MFacl LPB10/KI.0/052006 Public Record r er: LY—W.] e rin e :TI AM PS I STATE OF WASHINGTON se COUNTY OF �,..,I �,( n\) ON THIS 11' R DAY OF I > 1 A I 201?—HHFORH ME PERSONALLY APPEARED ASRWIN SNEED MOEN TO ME TO RH THH INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR HIMSHLP AND ALSO AS ATTORNEY IN PACT FOR HEATHER SNEHD AND AC OWLHDGHD THAT HE SIGNED AND SPACED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR HIMSELF AND ALSO AS HIS FREE AND VOLDNTARY ACC AND DEED AS ATTORNHY IN PACT FOR SAID PRINCIPAL FOR THE USES AND PURPOSES TF.EREIN MENTIONED, AND ON OATH STATED THAT THE POWER OF ATTORNEY AUTHORIZING THE EXECUTION DF THIS INSTRUMENT HAS NOT BEEN REVOKED AND THAT SAID PRINCIPAL IS NOH LIVING AND S NOT G UND, MY HAND OFFICIAL SEAL THE DAY AND YEAR LAST ABOVE PRINTED NAME; i�in'S� j I 1L — 1l —_ '_ �' NOTARY PUBLIC IN AND FOR THE SPATE OF WASHINGTON RESIDING Sy MY COMMISSION EXPIRES ON Z LATTI DETTLING NOTARY PUBLIC ATE OF WASHINGTON comm 5510N EXMS EBRUARY I, 2016 Public R—d - UFU OC: o rea e y: CHICAGO TfPLE COWANY IT A E—No.; 5107959 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RESERVING AND EXCEPTING FROM SAID LANES SO M. OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO TEE USE OF SUCH SURFACE GROUND AS MAY SE NECESSARY POR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED ARE EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKINO THE SAME, RECOR➢ING NUMBER: T9609 . RIGHT TO MARE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: - JANE 3, 19" RECORDING NUMPER: 99192]3 TERMS AND CONDITIONS OP CITY OF RENTON ORDINANCE NUMBER .612, AN ORDINANCE ESTABLISHING AN ASSESEM.ENT DISTRICT POA SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATH DOWNS, AND MAPLEWOOD SUB -BASINS AND ESTABLZSHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES: RECORDED; JUNE 21, 1996 RECORDING NUMBER: 9606210966 MATTERS DISCLOSED BY A PHYSICAL INSPECTION OF SAID PREMISES ON APRIL 19, 2012 AND A SURVEY BY TRUE NORTH LAND SURVEYING, DATED JUNE S. 1006 UNDER JOE NO, 006-10.00, AS FOLLOWS: A. ENCROACRMENT OF AN ASPHALT DRIVEWAY, APPURTENANT TO SAID PREMISES, ACROSS A PORTION OF THE '.NORTHERLY ADJOINER. ME FIND NO EASEMENT OF RECORD FOR SAID DRIVEWAY. - Public Record r we iew UOC: age 3 o r y. KLLAKK Pnntecl: (9 CHICAGO TITLE COMPANY 1300549 STATUTORY WARRANTY DEED THE GRA NTOR(S) CRAG R LANDON AND CATHERINE E. LANDON. HUSBAND AND MME AS TO PARCEL A; AND AMBERWOOD, LLL„ A WASHINGTON LIMITED UABILRY COMPANY; AND CRAIG LANDON AND CATHY LANDON (ALSO APPEARING OF RECORDARCATHYEU DON)HUSBANDANDWFE,ASTHEIRINTERESTSMAYAPPEARSTDPARCELSBAND C for and in en-idm6m of TEN DOLLARSAND OTHER G000 AND VALUABLE CONSIpEPAT10N in hand paid, conveys and warrants to THE QUADRANT CORPORATION, A WASHINGTON CORPORATION the following dctcrihed real estate situated in the County of KING State of Washington: PARCELA LOT 3, KING COUNTY SHORT PLAT NUMBER 480430, RECORDED UNDER RECORDING NUMBER 8909120151. IN KINGCAUNTY, WASH NGTON. PAROEL e: THE EAST 31p FEETOFTHESOUTH2]OFEETOFTHE FOLLOWING: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, W KING COUNTY, WASHINGTON; EXCEPT THE SOUTH AND WEST 30 FEET FOR ROAD PURPOSES; AND SEE ATTACHED DESCRIPTION AbnowiateE Legd: LOT 3, UNG COUNTY SHORT PLAT RECORDED UNDUE RECORDING NUMBER 890912➢i5T; AND PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11235 Tex Account Numher(s): 15zaossobs'o°•1sz3os-sasoos, lsz3as9ceoa3 Dated: MAY S. 2012 AMBERW000, LLC. e///,-{,(///j C-__(� :3TEVENAOECK,IV' CATHERINE E. LANDON 1BI0/KIL/CSA04 Public RecorB r er: oc: g r y: s O s e r 111111111111111111111111111 REF# /3VOSS2 — 6 20120514001450 WHENRECORDEDRETURNTO CHICAGO TITLE YO 69.00 PACE -001 OF 001 THE QUADfLWi CORPORATION 14725 SE 36th ST STE 100 05/10/nI2 14:99 KING COUNTY, YR BELLEVUE, WA 98006 E2543359 0S/t</20la 19:43 KIN4 CO""' YR TRX 9z,fi0/.00 SALE 92, 95,000.00 PRet-001 OF 001 (9 CHICAGO TITLE COMPANY 1300549 STATUTORY WARRANTY DEED THE GRA NTOR(S) CRAG R LANDON AND CATHERINE E. LANDON. HUSBAND AND MME AS TO PARCEL A; AND AMBERWOOD, LLL„ A WASHINGTON LIMITED UABILRY COMPANY; AND CRAIG LANDON AND CATHY LANDON (ALSO APPEARING OF RECORDARCATHYEU DON)HUSBANDANDWFE,ASTHEIRINTERESTSMAYAPPEARSTDPARCELSBAND C for and in en-idm6m of TEN DOLLARSAND OTHER G000 AND VALUABLE CONSIpEPAT10N in hand paid, conveys and warrants to THE QUADRANT CORPORATION, A WASHINGTON CORPORATION the following dctcrihed real estate situated in the County of KING State of Washington: PARCELA LOT 3, KING COUNTY SHORT PLAT NUMBER 480430, RECORDED UNDER RECORDING NUMBER 8909120151. IN KINGCAUNTY, WASH NGTON. PAROEL e: THE EAST 31p FEETOFTHESOUTH2]OFEETOFTHE FOLLOWING: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, W KING COUNTY, WASHINGTON; EXCEPT THE SOUTH AND WEST 30 FEET FOR ROAD PURPOSES; AND SEE ATTACHED DESCRIPTION AbnowiateE Legd: LOT 3, UNG COUNTY SHORT PLAT RECORDED UNDUE RECORDING NUMBER 890912➢i5T; AND PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11235 Tex Account Numher(s): 15zaossobs'o°•1sz3os-sasoos, lsz3as9ceoa3 Dated: MAY S. 2012 AMBERW000, LLC. e///,-{,(///j C-__(� :3TEVENAOECK,IV' CATHERINE E. LANDON 1BI0/KIL/CSA04 Public RecorB r er: oc: g r y: s O s e r CHICAGO TITLE COMPANY Escrow No.: 1340559 EXHIHrrA Title No.: 1340559 EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER AUDITOR'S FILE NDMPERS 1408957 AND 4918232. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN RING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; AND RUNNING THENCE SOUTH BB°22'52" EAST, AI/JNG THE NORTHERLY LINE THEREOF, 30 FEET, MORE OR LESS, TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SUBDIVISION: THENCE SOUTH 0'23'40" WEST ALONG SAID PARALLEL LINE, 200 PEET; THENCE RASTBRi.Y, PARALLEL TO THE NORTHERLY LINE OF SAID SUBDMSION, 300.7D FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 300.730 FEET TO INTERSECT A LINE WHICH IS PARALLEL TO AND 30 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 0°25'20" WEST ALONG SAID PARALLEL LINE 225.91 FEET; THENCE NORTH BB^24'50" WEST, PARALLEL TO THE SOUTHERLY LING OF SAID SUBDIVISION 300.80 FEET; THENCE NORTHERLY 227.09 FEET TO THE THUS POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THE NORTH 117 FEET OF THE EAST 260 FEET OF THE SOUTH 417 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF. SUBJECT TO: EXCEPTIONS SEI' FORTH ON ATTACHED EXHIBIT "A" AND BY THIS. REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. -/,:wH99 Public Record r r: I,,DLIM L*C: KL:ZUlZ ZUIZU51'4UUlqtU vage z oT 14 Lreateay: snolsime 11rintea: STATE OF WASHINGTON COUNTY OF ON THIS I~(�lul�^j DAY OF _ AND FOR 2012, BEFORE ME, TEE UN➢BRS IGNID, A NOTARY PUBLIHE STATE OF WASHINGTON. DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED STEVEN A BECK TO ME MOM TO BE THE MANAGER OF THE LIMITED LIABILITY COMPANY THAT EXECUTED THF, FOREGOING EN INSTRUMT, AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID COMPANY AND THAT THE SEAL AFFIXED THERETO (IF ANY) IS THE CORPORATE SEAL OF SAID COMPANY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFFIC SEAL ^HE DA:' AND FIRST ABOVE WRITTEN. eRINTED NAME ROBERTA L COTTON NOTARY PUBLIC AND OA E STATE OF WASHINGTON, NOTARY PUBLIC RESIDING AT STATE OF WASHINGTON MY COMMISSION EXPIRES COMMISSION E%MIRES MARCH 19. 2016 STATE OF WASH CtT01fl� A 55 COUNTY OF ��1 „„ ON THIS ) DAY OF 2012 BEFORE ME, THE i1NDERSIGNED, A NOTARY PUBLIC IN FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED CRAIG LANDON AND CATHY LANDON KNOWN 74 ME TO BE THE INDIVIDUALS) DESCRIBED AND WHO EXECUTED THE WITHIN IN /D ACKNOWLEDGED THAT SIGNED AND SEALED THE SAME AS �t1 FREE AND VOLUNTARY ACT AN DEED, FOR THE USES ��'AA`N'DD PURPOSES HEREIN MENTIONED. NOT Y BIGNAT(]RE p✓ ,( L1y rj/ a�n�,,� ROBERTA L COTTON PRINTED NAME: ��U'�/I �WS WV��/� NOTARY PUBLIC NOTARY PUBLIC AND FOR T STATE OF WASHINGTON STATE OF WASHINGTON RESIDING AT COMMISSION EXPIRES MY COMMISSION EXPIRES N MARCH 19. 2016 Public Record er: oC: age o e y: s o ne rine . CHICAGO TITLE COMPANY EXHIBIT B E—No.: 1340559 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL. LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 79509 COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACXS, IP ANY, SET FORTH IN OR DELINEA^.ED ON SAID SHORT PLAT RECORDED UNDER RECORDING NUMBER 8909120157. AFFECTS: PARCEL A RIGHT TO MARE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4918232 AFFECTS: PARCEL B RIGHT TO MARE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED; GRANTEE: RING COUNTY RECORDED: JULY 3, 1958 RECORDING NUMBER: 4918213 AFFECTS: PARCEL C TEEMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612, AN ORDINANCE ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATH DOWNS, AND MAPLEWOOD 5UB-BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES: RECORDED: JOKE 21, 1996 RECORDING NUMBER: 9SC6210966 MATTERS DISCLOSED BY A PHYSICAL INSPECTION OF SAID PREMISES ON APRIL 19, 2012 AND A SURVEY BY TRUE NORTH LAND SURVEYING, DATED JUNE 5, 2006 UNDER JOB N0, 506-30.001 AS FOLLOWS: A. ENCROACHMENT OF AN ASPHALT DRIVEWAY, APPURTENANT TO AN EASTERLY ADIOINER (TAX PARCEL 152305-9116), ACROSS A NORTHEASTERLY PORTION OF SAID PREMISES, WE FIND NO EASEMENT OF RECORD FOR SAID DRIVEWAY. Public Record r r: age oT,4 Lreatedn RECEIVED WIS DAY SHORT PLAT NO. 488038 SEP I% KIND COUNTY, WASHINGTON By THE DIVISION OF RECORDS 3 Us , 1 0iis '-7 CNG 111!1 APPROVALS: PARKS, PLANNING & RESOURCES DEPARTMENT OFASSESSMENTs -DEPARTMENT Examined and approved this ExamIDed and approved this— day of 0. day .1 0 Manager, Building & Land Clay enIbivi,,iion Di PEy Examined and approved this W� day of Deputy Assessor _,199 Account Number /.r -U. J-- 71,41-4- 9e CZ �LIY1114 of � 1/4, S. T z3 R -.I—; Ue"I.Pmem Engineer LEGAL DESCRIPTION The southeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, N.M., in King CountY. ldashing ran; .,.I, ,,a can, 340 fast of the south 230 1!— thereof; EXCEPT that portion described as follows: Beginning a[ h 1. subdivision; h a t,,.,Iy line thereof 30 [hence e. th 88 2 2 feet are or less, to intersect a line which is parallel to and 3U feet easterly, maesu'.d at right angles, from C�a westerly line of said subdivision; I Lh... :nth 0'28'40" west along said parallel line, 200 Feet; thence o'erly, - parallel to the northerly Linc hoftsaid sit., 0 .70 feet to the E POINT OF BEGINNING of the arae[herein described; then- continuing 111111Y pard nor eherly line of said 9abdiistan, 00. feet t' intersect . line which is parallel l I and 10 feet westerly, ........ I e, right angles, from the easterly .an of said ,bdivis ..; thenen south a-251�8'- west, l.a, said parallel line, 226.91 feet; thence north 88 24'50" west, parallel to the southerly line of said subdivision, 300.80 feet; thence northerly, 227.D9 feet to the TRUE POINT OF BEGINNING: EXCEPT Lire south and west ,t of said subdivision . r roads; D AN EXCEPT the east 30 -at of the remainder of said tract ' - et tied King purposes by instrument recordeddRecording County far road4918232. -- Numbers 1408997 and 49 1 823 2 S UBJECTT 0 slope rights as recorded under King County Recording No. 49, 8 233. IS SPACE RESERVED FOR RECORDER'S USE ON 1 in c°'03.'1:2 00157 R RECFEP 2. OCI RECC, DD E59HS[ 011-1; 1,2. 00 L'j 5s "al 07 NEl�:.f�lS-13-S. 1� 259.x• sva.�� t .o � p S. ddtJ •IL'•E. ayo•co' ]�] (Nv ^ 900. 73CII .vE, S. Lao• N&T'LS •//W�Rut 1 I �i �� 0 3D• 3' S - ao WFSG F�„o ,. 246.8"±' 1 ;o S,BB'2.'i'//'�(,eas�,rea•zg:so•�r'�J � THE OWNERS 0FCOV3' /-.3 or SN0�('T Pc.vT NO. 4SB03B y�RBY pED/GATF RNV/NTERF-T 7NEYMAV1Y,9VE N TNATRO,fTIPM1I OF THE W 30 •ANO S,.�O'RCl/O/N NG SA/O SHP4T � TO TNEiUBC/G USE Fet4 .fM0 P//R�fE-T "f/PoN RECo.Pa/NG OF M, -S SWO er AL 7 (ROS)',QECORD�SVGi/By REGOPDIEO Mop on File in Vault /N :!58, P 47 UNOEK ,9.,- . C[,) � L6L/JL QECG2/PT/aN Direction: MAP :9QFD AV. N r J6N !/YE/ o /o0 goo REv7au//�n/pgp 9Baso6 M." PLC H., ,gg6o3o �j �/ Pago G 0f 4- F-209-4 J 1 - DECLARATION OF COVENANT IN LIEU OF SOILS TEST FOR SEWAGE DISPOSAL SUITABILITY. "Declaration of Co;enant •Ir. conaideration of the approval by Xing County of short plat 1 488038 , which said plat creates a lot described as follows: Lot 3 of King County shore plait 488038 ythe undersigned covenants and agrees that: "(a) No percolation test has been performed on the above-described .lot. d � "(b) Approval of short plat / 488038 creating the above - O described lot DOES NOT constitute approva by x ng County that said lot can be used for a building site. RJ •(c) No structure requiring domestic water consumption or sewage disposal can be placed on said lot until approval is given by the Saattle- King County Health Department or other appropriate department agencies. •(d) This convenant shall run with the land and is binding on all subsequent owner(s) of the above described IW O ." ee own /,.r'.�.. � k'ni r�. fee own f STATE OF WASHINGTON) COUNTY OF ZING ) ss On this day personally appeared before me ��(.a+-ig,�ai,.iGa� 3 to me known to be the indiv ua s ' descrine� in armwho executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Givdez my hand and official sal this day o£,,/ , 19. NO A+-i�PUBL n and r the State of„=gton, res rding at Form C-1 hurt Plat N.'499038 1 • DEDICAT IQLI KNOW ALL PEOPLE BY THESE PRESENTS that we, the undersigned owners of interest in the land hereby short subdivided, hereby declare this short plat to be the graphic representation of the short subdivision made hereby, and do hereby dedicate to the use of the public forever all streets and avenues not shown as private hereon and dedicate the use thereof Eor all public purposes not inconsistent with the use thereof for public highway purposes, and also the right to make all necessary slopes for cuts and fills upon the lots shown thereon in the g original reasonable rading of ea id streets and avenues, and further dedicate to the use of the public all the easements and tracts shown on this short plat for all public purposes as indicated thereon, including but not limitedto parks, open space, utilities and drainage unless such easements or tracts are specifically identified on this short plat as being dedicated or conveyed to a person or entity other than the public, in which case we do hereby dedicate such streets, easements, or tracts to the person or entity identified and for the purpose stated. Further, the undersigned owners of the land hereby short subdivided waive for themselves, their heirs and assigns and any person or entity deriving title from the itd all sdsuccessorsaandaassigns claims for damages against King County, p which may be occasioned by the establishment, construction, or main - 67 tenance of roads and/or drainage systems within this short subdivision GO other than claims resulting from inadequate maintenance by King County. Further, the undersigned owners of the land hereby short subdivided agree for themselves, their heirs and assigns to indemnify and hold King County, its successors and assigns, harmless from any damage, including any costs of defense, claimed by persons within or without this short subdivision to have been caused by alterations of the ground surface, vegetation, drainage, or surface or sub -surface water flows within this short subdivision or by establishment, con- struction or maintenance of the rows within this short subdivision. Provided, this waiver and indemnification shall not be construed as releasing King County, its successors or assigns, from liability for damages, including the cost of defense, resulting in whole or in part from the negligence of King County, its successors, or assigns. This subdivision, dedication, waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desires of said owners. 4N WIT! 117 WN REOP we eat our bands and seals. Name Nams Name Name Name Name state or Washing=on County of I certify that I know or have satisfactory evidence that l this instrument and acknowledged iota �T./ it to be (Ilia/Ler) an fraenod voluntnry set for the Dose d purposes mentioned in the instrument. Dated signature of - Notary Public r )' Title my appointment expires .7/11; Short Plat a ggg038 Pege o£�Pages �4 ... t .�i1\0 ]1>);th Ate. S c" Q-Uff»CLAIM. DEED ' ? T•1 • A] ler Sno Jr and .rnos Llm.Soe 1 Thr u,,rnnt nr s .h r, n . ........ .... ......✓ ........ ... .. .. .. . ....... ll, .. ...., .. ................. .......... N f• i l ntl 1....I _. .. nad 1.oi b In 1 nc t )1 10. .hy ymn of lnyiap tt d tnhll h 6 a P', hl' rood IF th .p perty, end w'hl h h reunft den bet e o rel i gv I rl �,rn . In the Duni+ of. ..King ._. .............. .. ... ... .t to d \\n,h nglon. for t! V,04i,f r-rr n. n in blir road And hrghwey nil sntrrent rn ll,o following dr+rot r,! trnl rM,I, .1. t) ft. o" Iho -'+J ff. of gho r.F„J� of thn l.,W.} of the. I,.E.a of �..1 AC I'O.I .m rC nl tncs♦ .L• Are.. S.r. t 3. E, 1?d th - G.E. 1321,d) EAcar. 1/2L15G - mgo1lmre'ilh run dghl In moxa nil necrnnnry,.lopn for cute nod fill. upon the nbnuing prol+crty, nnJ m� enrh '! xld- of an d drier 6rd r'gl t of-rr) t fnrmit3 with .tondo d Moe Aad nprcl frcntinnn far hlgt,n ny pu rpn j n I m'1 r xn m. rslrnt xndpurp wn if tl c right fi in grn tp 1 h d hien nc.gmrrd br eno.lrn+nn Orn pr,. d it mp.v n, br f:m nrnl CMmn+n elnl Ir or the 51 I: to f Rnnhngi '. , . t ,nl+d + Il r (;ovnti af,.. .;✓ .. ... , titnlA a1 \Vnxhinglnn. nx,rd a lx, i' S J/ s 1 .,t__ r .. _ .. , n o I,J,;i \II'I NE.81 r // Y '• I I STATE OF WASHINGTON tj COUNTY OE, ...., 1 r ... r -II,•• �`,' Il-n•li+ngl..n. �liil) r niui�.l„lard nn.I x++ 1, pt. xnl.... i rnnn, „I +.c, rn l"IWI t,, n, 11 I e.' xlunrd,n x ,i ,I-Ih- I• +. :I irr•�,rl rnlumr u,ml d. dGr d+r n•xn 1p rl .1 m tm1 •.,� i,�ln, I, I.•, on, Ir nr nnl+'+flrtYFl nl fl __ � 1 Y Ui i 7. /�... . r V0,11, 'n .+, .I t,,, Ih+. titnl,• Irl 11'nehinulw+, rrYr hop at r' t. �.'�� C.Y � O - rr ° ° 0 c, r N o V fH+ fr It rl t e KI7,13 UM YIOE ro Y a p Rnntor.,,;in. uQLJIT>CLAwf 'DEED., m, ^.,L, (<<^190 Fi. 25 Thr Imr ^ ..1 ... II.....A ld. n rr..5..,. and Iyorothrn an............... ............. ..... .. ...., ... ...... .may roe rho tonnidernl of.......... .._..... a .:. ............. ,..,.:. Uuklerx i and h. of bonafil, to ,enrue..................by reaaa+ of laying out and W.1,14hing n public m dd hrnnglr....thClr.......... .......prnperty, end wideL le )iertl.Ca(ttr dceoribe,l, `convoy....., r•:Ianxt..... end ptit Uennty'ot.............. .. :.. .YSnI:........_.:...... r.........,.............Stnle of NVIIAinglon. Inr ove m( I I Ihr Pnblio forever, nn n pub90 road and highway, all interest In tho following diwcribrd real ratan, riz:: 1fin F:,,1 30 ft, of the S.S.;' 'r tho Y.W.1- of the H,F, �� L.- Lhe South 230 ft. Vmvr f, in .Sec, 15, T -P. 2) f{•R� $ 6. d.1!. _ Conte f.n.ing 11.11 Aeras Hearn ar lesr•, ' , R/lf llrht.h A,,., S.E. (3,E, 129th —a.E. 132nd St.) Eatnh, 3/2L/96 lagrthcr ,xith lht right In make all. nctcaeary elopes 3or tole —I fill, upon tho xbutling pruprny, and ..I. rn,•b xldm of .,,id dtntribed right-of•way, in conformity .41, sland,lyd plane and'poollle""" for hlgii,vny prirpoaen, , andgo the xnn c ralenl and p, ryo a if lfio right fi n grout d h ben o" .1 lr nn Irmnnhmr penned kp tart" B.;,_ r.—o tmuto. of tho to to of Nnnhtngl 1 - y nf..,I %ns .. . .... � . .... :... A. D. 17!!.I. ... .I N'i'PN0551 ""��' • � '. STATE OF WASHINGTON COUNT•! OF. 1 ;V, r? •. I IY% J�,I I , Irry•1 II � < I'., I�.��,lieirurrl.no.I��nrlc„�Idllal,�n.,l�rr•�•ullld.a•�m•Innd:a�,nr,,t„r,n,lq,nn„f.�r��"rr.r, L/ .�' ! / G ,r✓1(., r ,.i C I Ina kunnv d, be rb. I ulivid; I .r I ul .'d •enp•rl Illrre llhlrr h�.I rn uu�m olid neknux9edgnq x;,y I nod w�nivd 11h I. xlunr ... II Iu I: ,� Illnl. �..Y,yf'r her, /!" /f'” fee, nuJ r��lw,rnq url rued d�.ryl for llm oxen rnu3 ynvpnxtx Wnrxin'mrullnurd. - - MI, r.. rev lord ldnfth. ( II llm day and year fled 6.-. ,011, it v� r, 7' Irl lr in rI d fnr Ihr Htn r r f 11 ,xh1 rRl Q� °.a1 J 1 U M u It, ,: 1 I O 9.i I t 111G �4 Nr Y/DEP o� � — CERTIFICATE WHEN RECORDED RETURN YO: i the ,d4my Clerk of the City of Renton, ftai;inatua, certify that this is a true Renton Atuniz',;nV 6uiiding ]W M' �'ew 5outh and correct copy Of / Renro�A'A g0 `r er Subscribed and Sealt�' of . A-P 16 erk r- CITY OF RENTON, WASHINGTON L ORDINANCE NO. 4612 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOOTS HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SDH-BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby Created a Sanitary Sewer Service Special Assessment District for the area served by.the East r�A Renton Sanitary Sewer Interceptor in the northeast quadrant of the City of Rentcn and a portion of its urban growth area within 4.% unincorporated King County, which area is more particularly t,Q described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B." The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until. such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION Ti. Persons connecting to the sanitary Sewer facilities in this Special Assessment District and which properties 1 9 ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional Marilyn J etexsen; City Clerk 2 fees: A. per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit r and all other uses shall pay a unit charge of $0.069 per square toot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" j and which boundary is shown on the'me.p attached as Exhibit "B." SECTION III. In addition to. the aforestated charges, there shall he a charge of 4.11W per annum added to the Per Unit Charge. 3 The interest charge shall accrue for no more than ten (10) years i from the date this ordinance becomes effective. Interest charges 3 will be simple interest and not compound interest. r SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. r PASSED BY THE CITY COUNCIL this loth day of 3une 1996. Marilyn J etexsen; City Clerk 2 oRDLNma 9 612 APPROVED BY THE MAYOR this 10th day of June , 1996. Jea a Tanner, Mayor Approve as to form: Lawrence J. Warren, City Attorney Date of Publication: 6/19/96 ORD.576:5/20/96;as. Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON - EAST RENTON INTERCEPTOR portions of Sections 8, 9, 10, 11, 14, 15, 16, 17, 21 and 22 an in Township 23N, Range 5E W -M. in King County, Washington Section 8, Township 23N, Range SE W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lying East of the East right-of-way line of SR -405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast 1/4 of said Section S; thence West along said North line to the East right-of-way line of SR -405 and the terminus of said line. LD Q7 V4 Section 9, Township 23N, Range 5E W.M. NAll of that portion of Section 9, Township 23N, Range 5E W.M. lying South and QEast of the following described line: Com? Beginning on the centerline of NE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 1/4 of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M, lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South 1h of the North 1/z of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast 1/4 of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the terminus of said line. FJ TAWEKjW.o?w=sfWE06AIXE=IAL- x Legal Description of the Special Assessment District for the City ofRenton- East Renton Interceptor Page 2 of 3 Section 11, Township 23N, Range 5E W.M. All of the Southwest A of Section 11, Township 23N, Range 5E W.M. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest 1/4 of said section, together with the Southwest 1/4 of said section, except the South 11h of the Southeast 1/4 of said Southwest V4 and except the plat of McIntire Homesites and 1h of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washington, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block I of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, Records of King County, Washington, less i12 of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 1/2 of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of Q� the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 1h the street adjacent to said portion of Tract 5, Block 2. CO CO Section 15, Township 23N, Range 5E W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest Y4 of the Southwest 1/4 of the Southwest y4 of said section. Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast 1/4 of the Southeast 1/4 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast 1/4 of the Southeast 1/a of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR 169 (Maple Valley Highway). Section 17, Township 23N, Range 5E W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR -169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR -405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying FZ�yAWI 1Gatl1YO2YiEV6ED5 D E� Legal Description of the Spedal Assessment District for the City of Renton -- East Renton Inierrcptor Page 3 of 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR - 405. R405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR -169 (Maple Valley Highway) and West of the .East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23N, Range 5E W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest 1/4 of the Northeast 1/4 of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, volume 78, pages 1 through 4, Records of King County, Washington. Q7 Together with the North 227.11 feet of the West 97-02 of the Northeast 1/4 of the C4 Northeast 1/4 of said Section 22. W Q GD j F.�-0ATAU,EMI9E�Rd1L�VL5E JJLEC.ALdao CHICAGO TITINSURANCE COMPANY 701 FIFTH AVENUE, #1800, SEATTLE, WA 98194 PHONE: FAX: IMPORTANT: This is not a Survey. It is furnisbed as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PTN NW 1/4 NE 1/4 15-23-5 4 SE 2°`— xee-n-aa 128 T sr s _ c 'yY0 LOT 1 rtQ 8 C 0 �¢03 eau gP� 1I LOT 2 O o a c $ LOT 3 .^�,� eq P" D {'I 1 firyP +y � a °5 1 f I SE 132 ND ST �r aluiwcD From: Wayne Potter nrt j i ZGi Sent: Tuesday, October 30, 2012 4:13 PM To: Sandy Bailey Subject: FW: Beclan Place - Addressing See below. From: Smith, Patricia M - Renton, WA[mailto:tricia.m.smith@usps.gov] Sent: Tuesday, October 30, 2012 4:12 PM To: Wayne Potter Subject: RE: Beclan Place - Addressing All of the addresses will go to the same route so the box placement is approved by the Postal Service. We would like input on the labeling of these boxes. Please contact us after installation so we can assign to specific addresses. This request would also apply to Windstone. Thank you .`Patricia Smith Aunag", eaten Sew&i 425-227-0288 From: Wayne Potter [mailto:wpotter(a)novastardev.com] Sent: Tuesday, October 30, 2012 12:52 PM To: Smith, Patricia M - Renton, WA Ce: Sandy Bailey; Jennifer T. Henning; Jan Illian; Watson, Corey Subject: Beclan Place - Addressing Importance: High Tricia, As you requested at our meeting yesterday, I have attached a copy of the Beclan Final Plat Map with the addresses provided by the City of Renton. With this information, can you please review and provide me via e-mail your approval? I need to submit the plat tomorrow morning. I will have the addresses for the other plat (Windstone 5) sometime today. Thanks. B U a � m V � 9 A -b A6 mdug �,«C �89i Yte^,3w �aaa929aa C7 B xa ^ mi 3 W W C7 zz OC N O 1— ~ Z .z W 3 c N a W r3 MCC W H N Z — O Ov — Z 117 _ W z ■ Z bC LU LLJ 2E, Q ~ O J 936 O W Z LL Q 30 J Z V W W CO Z O O 1_ d Q /1 • � Sf. � 53. A V � 9 A -b A6 mdug �,«C �89i Yte^,3w �aaa929aa 9 xa ^ a� $ O O O 4 y W V � 9 a x tl � gyig 0 0 o U 0 o 9 ZJaS -_.i 599 �e1n $ ! M a � o 'sYszr � $P O 0 H r sszl W V u O N - U a ¢ v Qo J� d4 �Z o w oo u� a E 0 9Otr,$ wU Hyl —!NZ 3x —i 6 azY I �1 N 3 3 -- ti'itelx O xBBBB� - u -_.i 599 �e1n v ! M a iO 'sYszr � sszl s � - - Qo J� d4 �Z o orze`li oo u� 0 9Otr,$ wU Hyl —!NZ 3x —i I w� 1Y'6lY R .es x -i"1Ln C b 61> $ Oma 0co a Palo OV os'Llr S a W a a. nuE ULL 00 ma tem 2 OB'L�Y' -I}(I OLYIY '. .B O(lo,n 0991bi 8 C plY i r I 5061YI 969451 N 3 3 - u iO s � - - n Hyl —!NZ 3x —i a �_ I G i " 2�0 mbi U ZLLJ ai W m n� W 1— � O 3 Z Z o� �g6; s s U Rfp@c OM 4 LL a 42'jpfi�gq ups na C3, cc 0 LU m H�LU '* N Z �� s � > _ _�£ ¢ 0� O §-H. F � Y E? e a >a a�2.!— _j_ "V . QNZ 3N .�...a m-n„�. tlddv 31v0 A9 N0151/,3L' ON 4�-fBlZl 3�Id02ld ONV NVId 30VNIV2J0 W?J01S adaa sh,oM =!.9nd/6u!p;!na/6u!uuold wniva F=1 NO LN�2I zl/sz/eo 1N3waN3wV ad ��via Ivv��A ,30 AM 1► ,.�;'..^x�°' .oa-.I 3�3 Printed: 10-31-2012 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-094 city Of Renton -- — �lannrnp Division OCT 3 -1 201? Il�FE Pr Payment Made: 10/31/2012 02:03 PM Receipt Number: R1204906 Total Payment: 1,545.00 Payee: QUADRANT HOMES 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 Descriotion Amount Payment Check 0031.5453 1,545.00 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 .00 501.5 000.000000.007.345 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 Bev .00 5020 000.0000.00.007.345 Site Plan Approval .00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence .00 5022 000.000000.007.345 Variance Fees .00 SC24 000.000000.007.345 Conditional Approval Fee .00 5036 000.000000.007.345 Comprehensive Plan Amend .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 5541 000.000000.007.341 Maps (Taxable) .00 5998 000.000000.000.231 Tax .00