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HomeMy WebLinkAboutReport 1Ms. Roca le Timmons Board o/Commissioner~ Doug R001es, Chair Michael Brown, Vice-Chair Richard Mitchell Susan Palmer Terry Stewart Eucuthle Director Stephen J. Nomian Department of Community and Economic Development-Planning Division City of Renton 1055 South Grady Way Renton, WA 98057 Dear Ms. Timmons, March 28, 2014 On February 27, 2014, King County Housing Authority, acting as the lead agency under the State Environmental Policy Act (SEPA), issued a Detennination of Non-Significance (DNS) associated with the Vantage Point Apartments project in Renton, WA. The public was Invited to comment through March 13, 2014, and the comment period was subsequently extended until March 23, 2014. As of today, no comments have been received and KCHA determines that the DNS is unchanged and final. Please feel free to contact me with any questions at (206) 574-1198. Thank you, ~~ Tim Locke Finance & Development l\llanager 600 Andover Park W • Seattle, WA 98188-3326 • kcha.org Phone 206-574-1100 • Fax 206-574-1104 EQUAL HOUSING OPPORTUNITY ! ,, ''"Ti IT] l,....., CD ' , "" ''T'; -"' ,f-~ .. • = ' ' ' " !JI ,!I ,:, ~ l -, ~~ gi;g I ~!:cl 6~ ~~i ,o ! !! -h ~ ,, ~~ ll M~ ' l I l ' I ,1 l !/ I 0 \ !I '!' l ',' ,o !;i lll l r ! !,, ii ii' ~~) ~~ ~~i r~ -~-1 ·,;:,;: 111111,;: I VANTAGE POINT APARTMENTS 17901105TH PLACE SE, RENTON, WASHINGTON KING COUNTY HOUSING AUTHORITY 600 ANDOVER PARK WEST, TUKWILA WA §~ s I B: ~~ ~ "' ' I '! ' ' ' 0 ' 8 ' ! l l ; • ' i ~ ' ' • ' :, } --- §111 "1r111 0 i !-1 l!h ill 11, ., !, f ~.~ ii %1111 ~; ~~ l'll'l --- i i"i' I .::,,:~::;:.:: .,~~)~l!l •;ipw~·,1111 -" • TONKIN . 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ADMINISTRATIVE REPORT & DECISION DECISION: REPORT DATE: Project Name: Owner: File Number: Project Manager: Project Summary: Project Location: Site Area: (8J APPROVAL 0 APPROVAL SUBJECT TO CONDITIONS D DENIAL December 7, 2015 Vantage Point Apartments Site Plan Modification Tim Locke, King County Housing Authority; 600 Andover Park West; Tukwila, WA 98188 LUA14-000226, MOD Rocale Timmons, Senior Planner The applicant received approval for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. An approved short plat (LUA08-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. South & West of SE 180'" St & 105'" Pl SE 218,644 SF (5.02 ac) Project Location Map Staff Report and Decision -Minar Modification City of Renton Department of Community & Economic Development VANTAGE POINT APARTMENTS SITE PLAN MODIFICATION December 7, 2015 II 8. EXHIBITS: Exhibit 1: Modification Staff Report Exhibit 2: Elevations (dated September 22, 2015) I C. FINDINGS OF FACT {FOF}: Administrative Report & Decision LUA14-000226, MOD Page 2 of 4 1. The applicant has received approval for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. 2. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. 3. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. 4. An approved short plat (LUAOS-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. 5. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. 6. On April 22, 2014 the City's Hearing Examiner issued an approval of the Vantage Point Apartments subject to 8 conditions of approval. 7. Pursuant to RMC 4-9-200H the applicant is requesting a Minor Modification to an Approved Site Plan for the Vantage Point Apartments, LUA14-000226. The applicant is requesting the following changes to the approved plan: a. The original design had a number of large roof top mechanical units and supportive maintenance platforms and railings. These were moved inside the building, thus eliminating the need for the rooftop railings. b. The narrow fixed windows between the unit living rooms and private decks were eliminated. The unit deck and living rooms are visibly connected with fully glazed patio doors. c. On the west face of the north wing, the windows were pulled together to provide a contiguous exterior wall in order for the kitchen range and bath vents to have location to vent out. d. The original open deck railings sat atop a short closed rail wall have been eliminated. e. The use of aluminum panel siding on some smaller siding areas of the building werereplaced with hardi-panel siding. f. Two windows were removed from the first floor and two from the second floor in the center wing. g. A total of six windows were eliminated from mechanical rooms at the southwest and southeast corner of the north wing. 8. Site Plan Minor Modification Analysis: Section 4-9-200H allows the Administrator to grant minor modifications to approved Site Plans, provided the modification meets the following criteria (pursuant to RMC 4-9-200.H.2: Compliance Street Modification Criteria and Analysis a. The adjustment does not involve more than a ten percent (10%) increase in area or Staff Report and Decision -Minor Modification City of Renton Deportment of Comm y & Economic Development VANTAGE POINT APARTMENTS SITE PLAN MODIFICATION December 7, 2015 scale of the development in the approved site plan. Administrative Report & Decision LUA14-000226, MOD Page 3 of 4 Staff Comment: The proposal continues to comply with the policies and objectives of the Comprehensive Plan. b. The adjustment does not have a significantly greater impact on the environment ,/ and facilities than the approved plan. Staff Comment: The revised elevations do not have a significantly greater impact on the environment and facilities than the approved plans. c. The adjustment does not change the boundaries of the originally approved plan. ,/ Staff Comment: The revised elevations do no change the boundaries of the originally approved plan. 111. CONCLUSIONS: 1. The proposal satisfies 3 of the 3 criteria listed in RMC 4-9-200.H.2 for the requested modification, see FOF 8. ~ J. DECISION: The requested minor site plan modification for the Vantage Point Apartments, File No. LUA14-000226, as depicted in Exhibit 2, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: IJmiier,ienning, Planning Director TRANSMITTED this fh day of December, 2015 to the Owner/Applicant/Contact: Owner/Applicant: Tim Locke King County Housing Authority 600 Andover Pork West Tukwila, WA 98188 TRANSMITTED this fhday of December, 2015 to the Parties of Record. None TRANSMITTED this 1" day of December, 2015 to the fallowing: Jennifer Henning, Planning Director Brianne Bonnwarth, Development Engineering Manager Jan Conklin, Development Services Vanessa Dolbee, Current Planning Manager Fire Marshal Stoff Report and Decision -Minor Modification )'Z, /1 /?tJJ ~ Date City of Renton Department of Community & Economic Development VANTAGE POINT APARTMENTS SITE PLAN MODIFICATION December 7, 2015 Administrative Report & Decision LUA14-000226, MOD Page 4 of 4 K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on December 21, 2015. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARAri-JCE OF FAIRNESS DOCTR!NE: provides that no ex parte {pr!vate one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Staff Report and Decision -Minor Modification ! m i >< ,, • :c .... m 0 .... I -I ,.~ ·lz N '" ,,~ • r r z • ,, !rn " m :;; ~ 0 z ' ~! 1 i 1 ! q )> • ' l w i::::, ...... " • S, C !I "',I " i r ) i m r ~ 5 z 00 ' 11 ·8 ! s. ! ' ,.-,~-,, J~---, ' ) ~' ' )m ' ' I N ! f;l i~ ;r C z • z 0 ~ 0 m ~ ~ 0 z ' ' ,c i I ~ I, I~ I~ I '~ .,~ i' ~ ¥ '18 I ?i .. s .• '" 0 I ' !! "''''f!!ils'!i~'l~i;I VANTAGE POINT APARTMENTS TONKIN · 111 1! 11j·' ij'·1 '' ~?IT ~g 1'1• ·!'i·-1li,•1 17901105TH PLACE SE, RENTON, WASHINGTON ' ·~, fiiihi@Mii ,a 11 r •, ! . I h ,.. l zo,,Flm.l.•enueSouth • VANTAGE POINT APARTMENTS LLC I, .. , --~oss··, S..•nl~. WA 98.te).<, ~~----2 mn, ... un!111m Mn 11.NnnVl=R PARl<WI=~ TI IKWII A WA QA111 ~;,6!!!.~~ .. !:..~!!6~~,2'1166 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT A. ADMINISTRATIVE REPORT & DECISION DECISION: REPORT DA TE: Project Name: Owner: File Number: Project Manager: Project Summary: Project location: Site Area: [gj APPROVAL D DENIAL November 23, 2015 Vantage Point Apartments Site Plan Modification Tim Locke, King County Housing Authority; 600 Andover Park West; Tukwila, WA 98188 LUA14-000226, MOD Rocale Timmons, Senior Planner The applicant · received approval for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. An approved short plat (LUA08-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. The applicant, King County Housing Authority, has take ead agency for the proposal's SEPA review. A DNS threshold determination was issued o February 27, 2014. South & West of SE 180'h St & 105th Pl E 218,644 SF (5.02 ac) -IN?? Project location Map Staff Report and Decision -Minor Modification City of Renton Department of Community & Economic Develo · istrative Report & Decision VANTAGE POINT APARTMENTS SITE PLAN MODIF/CATI ERROR! REFERENCE SOURCE NOT FOU D. LUA14-000ZZ6, MOD November 23, 2015 -------Page 2 of4 I 8. EXHIBITS: Exhibit 1: Modification Staff Report Exhibit 2: Elevations (dated September 22, 2015) I C. FINDINGS OF FACT {FOF}: 1. The applicant has received approval for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. Z. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. 3. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. 4. An approved short plat (LUAOB-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. 5. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. 6. On April 22, 2014 the City's Hearing Examiner issued an approval of the Vantage Point Apartments subject to 8 conditions of approval. 7. Pursuant to RMC 4-9-200H the applicant is requesting a Minor Modification to an Approved Site Plan for the Vantage Point Apartments, LUA14-000226. The applicant is requesting the following changes to the approved plan: ? a. The original design had a large number of large roof top mechanical units and supportive maintenance platforms and railings. These were moved inside the building, thus eliminating the need for the rooftop railings. b. The narrow fixed windows between the unit living rooms and private decks were eliminated. The unit deck and living rooms are visibly connected with fully glazed patio doors. -i "1. c. On the west face of the north wing)the windows were pulled together to provide contiguous exterior .wa.ll,to allow the kitchen range and bath vents a location to vent out . ............___ I _.. -tn....r .' d. The original open deck railings sat atop a short closed rail wall have been eliminated._,.., '( -,. ""CA' -e. The use of aluminum panel siding on some smaller siding areas ofthe building was replaced with hardi-panel siding. ) f. Two windows were removed from the first floor and two from the second floor in the center wing. g. A total of six windows were eliminated from mechanical rooms at the southwest and southeast corner of the north wing. 8. Site Plan Minor Modification Analysis: Section 4-9-200H allows the Administrator to grant minor modifications to approved Site Plans, provided the modification meets the following criteria (pursuant to RMC 4-9-200.H.2: Complianc1!" S~e~tModifieatio11 Q-itena and A11al~$i:: ' ,;:· --.,'.:( . . ' ' " ·.·· .,... a. The adjustment does not involve more than a ten percent (10%) increase in area or Staff Report and Decision -Minor Modification To: From: Copies: Rocale Timmons City of Renton Senior Planner 1055 South Grady Way Renton, WA 98057 John Koch Description: TONKIN architecture TRANSMITTAL Date: September 16'h, 2015 Revised September 22, 2015 Project: Vantage Point Senior Apartments 5 Sheets A2.17, A3.0l, A3.02, A3.03, A3.04, A3.05 Full Size Sheets Remarks: Rocale, I have revised the Sept 16, 2015 submittal to provide a description and need for the elevation changes. Aside from the descriptions, the submittal has not been changed. Attached are updated plans showing a small handful of changes that have been made to the elevations that have taken place since the approved permit drawing set. These are very minor and most of the clouds on each page are the same items just reflected on the different elevations. It would be appreciated if you would also circulate these to any other persons or departments at your office who would like to see these. Please let us know if you have any questions. Elimination of RoofTop Mechanical Units: The original design had a large number of large roof top mechanical units and supportive maintenance platforms and railings. These were moved inside the building, thus eliminating the need for the rooftop railings. This greatly simplified the appearance of elements sitting atop the roof forms. These are shown clouded on Elevation 1 on Sheet A3.02, Sheet A3.03 and most every other elevation. Typical Unit Deck Windows: The narrow fixed windows between the Unit living rooms and private decks were eliminated. The Unit deck and living rooms are visibly connected with fully glazed patio doors. The small windows were too narrow to be effective openings and were eliminated to reduce costs. They did not contribute to the required minimum glazing or opening ventilation. These typical locations are shown 'clouded' on sheet A2.17. 204 First Avenue South, Seattle, Washington 98104 I 206,624,7880 I www.tonkinarchitecture.com TONKIN architecture Double Living Room Windows, West Face of the North Wing: The typical Unit living room windows are spaced apart. On the west face of the north wing the windows were pulled together to provide contiguous exterior wall to allow the kitchen range and bath vents a location to vent out. This shift was only required on the west face of this wing. The other facades remain unchanged. These are shown clouded on Sheet A2.17 along Grid NA. These are also visible (without clouds) on the North Wing West Elevation on Sheet A3.05. Unit Deck Railings: The original open deck railings sat atop a short closed rail wall. Costs drove the elimination of the complicated railing, and replacement with a typical open picket design. This can be seen clouded in the various elevations. Hardi-Panel Siding: Costs prevented the use of aluminum panel siding on some smaller siding areas of the building. The rhythm of the siding was maintained by changing all the aluminum siding to Hardi-panel. This can be seen clouded in Type 'F' siding areas as shown on Sheet A3.01. All Type 'F' areas were changed, but not all such areas were clouded on the elevations. Deletion of Four Windows on the West Face of the Center Section: Two windows were removed from the first floor and two from the second floor in the Center Wing. These four windows are hidden in the recess between the Center Wing and the South Wing. They are just outside the public restrooms on those two floors. The visibility of the toilet room doors did not benefit the courtyard and they also contributed to the cost reduction. They are shown clouded on Elevation 1/Sheet A3.0l and Elevation 1/Sheet A3.03. Elimination of Mechanical Room Windows: A total of six windows were eliminated from mechanical rooms at the Southwest and Southeast corner of the North Wing. These can be seen clouded near the fourth floor Grid NC Elevation 2, and near the first, second and fourth floor Grid NSW Elevation 2 on Sheet A3.0S. The mechanical equipment filled the rooms and would have been visible through the windows. Thanks, John Koch TONKIN architecture Phone: 206.624.7880 x111 john@tonkinarchitecture.com http:l{www .ton ki na rchitecture. com cc. Tim Walters, KCHA 204 First Avenue South, Seattle, Washington 98104 I 206-624-7880 I www.tonkinarchitecture.com To: From: Copies: Rocale Timmons City of Renton Senior Planner 1055 South Grady Way Renton, WA 98057 John Koch Description: TONKIN architecture TRANSMITTAL Date: September 161h, 2015 Project: Vantage Point Senior Apartments 5 Sheets A2.17, A3.0l, A3.02, A3.03, A3.04, A3.05 Full Size Sheets Remarks: Attached are updated plans showing a small handful of changes that have been made to the elevations that have taken place since the approved permit drawing set. These are very minor and most of the clouds on each page are the same items just reflected on the different elevations. It would be appreciated if you would also circulate these to any other persons or departments at your office who would like to see these. Please let us know if you have any questions. Thanks, John Koch TONKIN architecture Phone: 206.624.7880 x111 iohn@tonkinarchitecture.com http; ljwww. ton kinarchitecture. com cc. Tim Walters, KCHA 204 First Avenue South, Seattle, Washington 98104 I 206-624-7880 I www.tonkinarchitecture.com ' ' 1! ~ ...... ...... .; I ,, I i ! . ; I' I" " ' ~ I ' i: ' i.:;';. II ! • ~ 1 ' ;!!ffl~I go ;tJ 1 ~11~· ~o~ ~ ~ z z (z' '\.9) \!'Y \3.,-1 VANTAGE POINT APARTMENTS 17901105TH PLACE SE, RENTON, WASHINGTON VANTAGE POINT APARTMENTS LLC ~ ANnnvl=R PARI< WI=~ TI IICWll II. W/J. IUl1 TONKIN flH,hf#iMii JO& fir>t AVttnuo !.outh SNttla,WA!l8104 z, ~) P 206-624-1880 IF 20&-621-1166 -"''""~le .. ,~;,.,.,,..,,n"' ' ! ; ' ' ... ' ,. ... I ' ' ' ' .~ ~ Fi I, ,. 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SIT'EBUBl,ITTIL IIIM -~· -8'D~ECIISET m1 Pl'llll'fitru= 1111111 BIDIIE"IMY.'111'0 (l(rn lN(l---/i008o.lM1 11111 -· -2rolLMDUi!l:-IJ/lll Ul'..nllET '"" PE.'WIT-.,l 8.£'1/1,TO'IAE -----· M• ~ ~ flEVISIOl'ISTO E.IITERIORElEVATION NORTH WING ELEVATIONS ·-- ' lll.A'l'.E A3.05 ~ PERMIT APPBQYA OEPARTMENiaf:oMMUNJtv&•k ol!MEN~;~j~~~NJN(i61V1s1d~,, AFFIDAVITOFSER\lf!::E'BYMAlllNG ' ' """ "" .,. ·-,:,-,;:;.CL'!"':;,.,,,,-,·' On the 2nd day of December, 2015, I deposited in the mails of the United States, a sealed envelope containing HEX Report and Exhibits documents. This information was sent to: Phil Olbrechts Careage Inc, George Stephan (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING Hearing Examiner Applicant/Contact r:poses -- Notary (Print): ____ ...,~=~.,,_k,.,,._::X __ ..,o"-'"'b""l"'«:5"--'L------------ My appointment expires: A~ 9, ;;i."(, ~Dl"t Mission Healthcare at Renton LUAlS-000736, ECF, SA-H, CU-A template -affidavit of service by mailing George Stephan Careage, Inc 4411 Point Fosdick Dr, 203 Gig Harbor, WA 98335 ----Renton 0 NOTICE OF ENVIRONMENTAL DmRMINATION ISSUANCE OF A DffiRMINATION OF NONS!GNIFICANCE. MITIGATED (DN5-MJ POSTW TO NO"TIFV INTERESTED PERSONS Of AN ENVIRONMENTAL ACTION P~OJfCT NAME: PROJECT NUMB~ LOCATION: Mluloo HHlthaniOI Roriton WAJS.0007:li,[Cf,SA-H.CU.A 1oussr 114"s, Oe1<rlp!Jon: The applicant I• requoS!lns l-!earin1 E.oamlnllt S~o Plan R~ew Condot,on,I U,e Pormlt ano Envlronmo.nt.,j ISEPAI R•vlew for tho con51f1Jctlon of a new 55 400 sQuaro toot'. t!ire<>-<to,y, convalc>e:ont eonter coma,nlng 60 beds to bo u,•d fer ,h<:,rt term rohabiita~~n ,..-v!cu Tho ,ubJect property 1, lomod on tho S<>Uthout came, of SE 174th St and 1116th Place SE Tllo oj k total> l.76 acres and I< !oned Ccmm1m:1,I A.rtffial lCA.1. The ,i1e currently contains an ~ill'":.~~::,:~•: prop,:,,&d for romwal, Acces> ~ ptopcsed vi, WGth Pl 5[ .. ,h an ad~\lonal e<>nnect,on to lhe nelgt'bome commercial proportyto the east. The propo,;il 1nd"du56...-111C11 J>ll!'lclng 'ilillsta the south •nd ••!<lo/ tho buildN111. The p;opo1ed d~ment Is_ within SO feet of• w;o min• ha,ulf. The appllc:am ha• submitted a ~;:~",:•:.::;:,:;;;:};::p:::.,,o;/orlll"I Analysis, Geo!echnlcal EnRlneerinR .tudv, and Coal Ml"'" THE OTY OF RENTON ENVIIIONMENTAL REV~ COMMITTEE (ERC) HA5 llITTRMINEll TJ1AT ™E PROPOSEO ACTION HA5 PROOMLE SIGNIFICANT IMPACTS THAT CAN Bl' MITIGATED THROUGH MITIGATION MEASURES. Appsl1 af tho envilonm•r>bll ddorml...UC,n must be ffltd In -• on "" befGn1 5;00 P.m, on N.......tier 10,. 2015, toa;othor with Ula roq"lrad In wllh: Horln1 Ekln,in01, City al Ronton, 1055 Sauth Grady w~, R•nton, WA g111151, App•,11 10 th• Enmln• .,. IO"fflled by City or AMC 4-1-110 •nd ln- reprdlni tho "'l'palll Pro<:HS m1y be abtllnod ftom th• Ronton oty Clerk's offlco, (425l 43D-115IO. A PUOLIC HE.ARING WIU M HELD av THE RENTON HEARING EXAMINf.R AT HIS RfGULAR MEETING IN lllE COI.INCll CHAMBERS ON THE 7TH FLOOR DF Cm' HAL!, 105.5 SOUTH GRADY WAY RENTON WASHINGTON ON DEaMBEII 8. 2015 AT 11,oo AM TO corrnrn::R THE CONDITIONAL USE PERMIT ANo SITE ;,I.AN REVIEW 1f THE l'NVIRONMENTAL DETERMINATION IS APPEAU:0, THE APPEAL WIU BE HEARD A5 PART Of THJS PUBLIC HEARING. ~,-, , - PLEASE INCWDETHE PROJECT NUMBER WHEN CAW NG FDR PROPER fllE IDENTIFICATION. FOR FURTHER INfORMATIDN~ PLEASE CDNTACTTHE CITYOF RENTON DEPARTMi=NT OF COMMUNITY & tCONOMIC DEVELOPMENT AT 14251430.'7200 DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION CERTIFICATION I, /Zoe-AJA;;:. J/;,1.-,fr-, tJ ,v-..r , hereby certify that 3 copies of the above document were posted in .3 conspicuous places or nearby the described property on Date: /..j..1~/z t?/5 STATE OF WASHINGTON ) Signed: cf uq.-b ~ ~ ) 55 COUNTY OF KING ) I certify that I know or have satisfactory evidence that __ ]l,_,,...,o"'---"'LA"""'A"-'_., __ T.,_,,-"1m=~mu...P=-Oc.:S:>---- signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. :g~)},\\\\1h, ~,,~ERS ntt;,:w 1® .,,. 0 ,,, = ,<l~:;e--~ 1: i, -..... -----o-;-3 .., l ,.,,,,.., ~ ~ ~....1, 0 , c,.., :o, •,· l!"-z;:: , j ~ ... --. ~ \;, ,~~,..,o11 l i ,,,,, "Z ~ = . hl\\\\\\\la' ~ .:j,. : ' s,.ATE a,,,,'" .. \ \ .. ' ... 0 ?-{J/5" lie in and for the State of Washington Notary (Print): Return Address: City Clerk City of Renton .Diil llllll Ill '1111111111 20140606000082 KING COUNTY HO COV-RER 74.00 PAGE-001 OF 003 06/06/2014 08:36 105 5 S Grady Way Renton, WA 98057 KING COUNTY, IJA AUDITOR/RECORDER'S INDEXING FORM i DECLARATION OF RESTRICTIVE COVENANT ! I Document Title(s): Grantor(s): KING COUNTY HOUSING AUTHORITY 1 Grantee(s): , CITY OF RENTON ~~~------+----------------------------------, Legal Description: Lot 2, City of Renton Short Plat LUA-08-137-SHPL, as recorded under Recording No. 20100111900006, records of King County, Washington; said short plat being a portion of , Section 32, Township 23 North, Range 5 East, W.M. ·----~ 1 Assessor's Property Tax _Par~~I/AcC()~~t Number: 13223059362 --------~__J DECLARATION OF RESTRICTIVE COVENANT This Declaration of Covenants, Conditions, and Restrictions is made on this .Ji,_ day of Jvn...__ , 2014, by the KING COUNTY HOUSING AUTHORITY, a Washington municipal corporation, the "Declarant," which is the owner of the following real property known as the "Vantage Point Apartments", situated in the City of -Renton, King County, Washington. References to the "community" are references to all of the property subject to this Declaration. Lot 2, City of Renton Short Plat LUA-08-137-SHPL, as recorded under Recording No. 20100111900006, records of King County, Washington; said short plat being a portion of Section 32, Township 23 North, Range 5 East, W.M. DECLARATION OF RESTRICTIVE COVENANT-1 RECITALS A. Declarant is developing the Vantage Point Apartments as an affordable senior rental facility. B. Given the nature of the units being constructed in the project and the fact that Declarant intends to market the units as senior housing in accordance with the Fair Housing Act, 42 U.S.C. §§ 3601-3631, as it exists or may be amended, it is extremely unlikely that any of the residents of the Vantage Point Apartment will be school age children. C. As a result, the City of Renton agrees to waive the requirement that school impact fees be paid pursuant to RMC 4-1-160. D. In order to assure that the Vantage Point Apartments project does not violate the assumption that the project will not include residents who are school age children, the Declarant agreed to impose this Declaration of Restrictive Covenant on the property. NOW, THEREFORE, the undersigned covenants, agrees, and declares that all of the Vantage Point Apartments are, and will be, held, sold, and conveyed subject to and burdened by the following restrictive covenant: I. Senior Affordable Units. The Declarant, following completion of construction of the Vantage Point Apartments, shall market all of the apartments as senior affordable units. 2. Payment of School Impact Fees. At any time, in the event that any one or more of the units include residents who are school age (kindergarten through grade 12) children, Declarant shall be required to pay a school impact fee pursuant to RMC 4-1-160, as it exists or may be amended, at the rate then in effect, for each unit occupied by one or more school age children. 3. Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. 4. Covenant Running with the Land. This covenant is intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Vantage Point Apartments, their heirs, executors, administrators, successors, grantees, and assigns. 5. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. EXECUTED this _i_ of~Jv~vi-<:-:.__,____ ____ , 2014. KING COUNTY HOUSING AUTHORITY DECLARATION OF RESTRICTIVE COVENANT -2 ST A TE OF WASHINGTON ) ) ss. COUNTY OF KING ) The undersigned., a 2&tary P£kf4d for the State of Washington, duly commissioned and. sworn, aff1a:hat W.-¥ . ~ (/C/1 personally appeared before me, 1s known to be the ~ !Vt£,--of the KING COUNTY HOUSING AUTHORITY, a Washington ' pal corporation, who executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this1M day of ~ , 2014. ,(/J,::,J;,~ Xk,,;f 1131-covenant re school fees 6-5-2014 DECLARATION OF RESTRICTIVE COVENANT -3 Denis Law Mayor April 24, 2014 Tim Locke King County Housing Authority Vantage Point Apartments, LLC. 600 Andover Park.W Tukwila, WA 98188 Re: Final Decision for Vantage Point Apartments LUA-14-000226, LLA, SA-H, MOD, CAR Dear ML Locke: City Clerk -Bonnie I. Walton Attached is your copy of the Hearing Examiner's Final Decision dated April 22, 2014, in the above-referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Rocale Timmons, Associate Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Sabrina Mirante, Development Services Parties of Record (3) 1055 South Grady Way • Renton, Washington 98057 • (425) 43o--6510 I Fax (425) 430-6516 • rentonwa.gov • Tim Locke, KC Housing Authority Vantage Point Apartments, LLC. 600 Andover Park W Tukwila, WA 98188 Alice Hill 18100 107'h Pl SE No. 29 Renton, WA 98055 Anna Nelson Van Ness, Feldman, GordonDerr 719 Second Avenue, Suite 1150 Seattle, WA 98104 Cecelia Miller 18100 107'h Pl SE No. 39 Renton, WA 98055 Rocale Timmons From: Sent: To: Tim Locke <TimL@kcha.org> Tuesday, April 22, 2014 4:48 PM Rocale Timmons Subject: RE: Vantage Point Apartments Contract Follow Up Flag: Follow up Flag Status: Flagged Hi Rocale, Please proceed. OK to invoice to Vantage Point Apartments LLC. Thanks, Tim Tim Locke -King County Housing Authority -600 Andover Park W, Tukwila, WA 98188 direct Tel: (206) 574-1.1.98 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Tuesday, April 22, 2014 10:31 AM To: Tim Locke Cc: Anna Nelson (amn@vnf.com); Rohini Nair; Steve Lee Subject: FW: Vantage Point Apartments Contract Hot off the press! Please look over and let me know if you have any questions and if it is okay to proceed with an invoice. Thank you. Roca le Timmons From: Sage Miller [mailto:smiller@aesgeo.com] Sent: Tuesday, April 22, 2014 10:08 AM To: Rocale Timmons Cc: Bruce L Blyton Subject: Vantage Point Apartments Contract Greetings, I have attached a pdf copy of the Vantage Point Apartments Contract. Please contact Bruce Blyton, P.E., Senior Principal Engineer, with questions concerning the document. Thank you. Sage Miller I Administrative Assistant associated earth sciences 1 smiller@aesgeo.com I www.aesgeo.,_m Associated Earth Sciences, Inc. 911 5'" Avenue I Kirkland, Washington 98033 Ol 425-827-7701 Fl 425-827-5424 • This email and any files transmitted with rt are confidenlial and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e~mail 1f you have received this e-mml by mistake and delete this e·mailfrom your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 2 (;'?,,·> associated Q) earth sciences April 22, 2014 Project No. KE140244A CONTRACT AGREEMEl\T TO ENGAGE TIIE SERVICES OF ASSOCIATED EARTH SCIENCES, INC. AS A CONSULTANT AND ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 5'h Avenue Kirkland, Washington 98033 on this 22"• day of April 2014 between Client: City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Rocale Timmons hereinafter referred to as "Client," and Associated Earth Sciences, Inc. (AESI), hereinafter referred to as "Geotechnical Consultant," for mutual consideration as hereinafter set forth: 1.0 The description and location of the project on which the Client contracts the Geotechnical Consultant's services are: The subject site consists of an existing property located at the southwest corner of SE 180" Street and 105" Place SW in Renton, Washington. Based on our discussions with you, we understand that, as part of a proposed multifamily residential project (Vantage Point Apartments) at the above location, two geotechnical documents, dated February 18 and 27, 2014, were prepared by GeoDesign, Inc. (GeoDesign). We understand that the GeoDesign reports identified ground water seepage zones along a slope, and that the City of Renton has a concern regarding the likely impact of the identified seepage zones to slope stability. AESI has been requested to perform a geotechnical peer review of the GeoDesign reports. vltY ot Renton . Q\vis1on fJ\anninQ Kirkland Office I 911 Fifth Avenue I Kirkland, WA 98033 P I 425.827.7701 FI 425.827.5424 Everett Office I 2911 Y, Hewitt Avenue, Suite 2 I Everett, WA 98201 P I 425.259-0522 F I 425.252.3408 _ Tacoma Office I 1552 Commerce Street, Suite 102 I Tacoma, WA 98402 P I 253.722.2992 F I 253.72,+~ (r' [2. ~'¥Jg, \Q) www.aes.geo.com lf'1l l!;l ~ ~ 2.0 Geotechnical Consultant agrees to provide the following services: Our work will be limited to an independent peer review of the GeoDesign reports, as they relate to the nearby steep slope, the proposed project, and the King County Code Critical Areas Regulations (KCC 21A.24), to provide our geotechnical opinion regarding the proposed improvements, given the information provided in the GeoDesign reports. No subsurface explorations will be conducted. If deemed as warranted, we will provide recommendations for alternate methods of mitigating impacts to slope stability posed by the proposed project. The findings of our study will be provided in a written letter. 3.0 Client confirms that the Geotechnical Consultant has explained the fnll range of services it offers and the manner in which they could be applied to this project. Client also confirms that he has understood the value and benefit of these services and has of his own accord decided npon those identified in paragraph 2.0 above. Client agrees to hold the Geotechnical Consultant harmless for claims of any kind that may arise from any source due to the Geoteclmical Consultant's failure to provide services that Client has specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Geotechnical Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom. 4.0 The Client accepts that all services are provided in accordance with the attached Schedule of Charges and General Conditions "A," which are made a part of this contract by reference. Client further agrees to compensate the Geotechnical Consultant for their services, and to reimburse the Geotechnical Consultant for expenses incurred on Client's behalf as follows: Time and Expenses Estimate: ................................ $2,500 to $3,000 Our work would be conducted on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions "A." Any additional services beyond the authorized scope of work that are conducted by AESI at the request of the Client would also be conducted on a time and expenses basis in accordance with our Schedule of Charges and General Conditions "A." Such additional services include, but are not necessarily limited to project meetings, site visits, or other geotechnical consultation to address non-scope issues that may arise during course of the project. If unusual or unanticipated conditions are encountered that would involve additional costs, we would immediately notify you to discuss modification of the study. Additional authorized services would be provided as outlined on the Schedule of Charges. 2 5. 0 The person signing this contract for a business entity attests that they are empowered to act on behalf of the business. If this agreement meets with your approval, please sign in the space provided below, and send one copy to our Kirkland office address: AESI, 911 S'h Avenue, Kirkland, \Vashington 98033, to serve as formal authorization to proceed. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington ' Senior Principal Engineer The m1dersigned has reviewed and accepts the attached General Conditions "A". Client Date Authorized Representative Signature Client (please print name) Attachments: Schedule of Charges/General Conditions "A" BLH.'pc KE140244Al Projcets\20140244\KE\ WP 3 Effective February 1, 2014 ASSOCIATED EARTH SCIENCES, INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a Jump surn amount is so indicated in the proposal or services agreement. Current rates are as follows: Personnel Charges -Engineers, Hydrogeologists, Geologists, Scientists, and Technicians Sr. Principal ................................................................. $190.00/hour Principal ..................................................................... $165.00/hour Sr. Associate ................................................................ $150.00/hour Associate ..................................................................... $140.00/hour Senior ......................................................................... $130.00/hour Sr. Project ................................................................... $ IW. 00/hour Project. ....................................................................... $110.00/hour Sr. Staff ....................................................................... $95.00/hour Staff ............................................................................ $80.00/hour Legal Testimony (4 hour minimum) .................................... $250.00/hour Other Personnel and Disbnrsement Charges CAD Operator and Workstation .......................................... $90. 00/hour Prints -Sizes A and B ........................................................ $2.00/each Prints -Sizes C, D, E, and F ............................................... $5.00/each Project Assistant.. ........................................................... $75.00/hour Laboratory Technician ..................................................... $70.00/hour Clerical, Word Processing, etc ........................................... $58.00/hour Computer Services (GIS) .................................................. $85.00/hour Mileage .......................................................................... $0.65/mile Four Wheel Drive Vehicle ................................................... $0.80/mile Per Diern ..................................................................... To be established on a project basis Subcontractors and Miscellaneous Expenses .......................... cost plus 15 % Water Level Data Logger ................................................. $50. 00/month Barometer Data Logger .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. . .. .. $40. 00/month Laboratory Charges Amended Topsoil Bioretention Suite .................................... $770.00/each Atterberg Limit ............................................................. $110.00/test Combined Sieve and Hydrometer ....................................... $193.00/test Consolidation .......................... , .................................... $385.00/test Constant Head Permeability (ASTM:D2434-{}8) ..................... $385.00/test Direct Shear ................................................................. $385.0013 point test _ Ethylene Glycol Test (3 rock minimum) ............................... $115.00 Hydrometer .................................................................. $165.00/test Moisture Content ............................................................ $25. 00/test Organic Content ............................................................. $70. 00/test Percent Passing #200 ....................................................... $60.00/test Permeability-Fines (Falling Head) ...................................... $200.00/test Permeability-Granular Soils (Falling Head) ........................... $200.00/test Proctor ASTM:D-1557 and ASTM:D-{}98 ............................ $200.00/test Sand Equivalent ............................................................ $ ll O. 00/test Sieve with Organic Bum ....................... , .......................... $170.00/test Sieve with Wash #200 ..................................................... $110.00/test Specific Gravity + #4 ...................................................... $65.00/test Specific Gravity -#4 ....................................................... $70.00/test Other laboratory tests and equipment rental will be provided on a per job basis. Charge2014-Regl -WP\Linda\SD-2014 911 -5ili Avenue, SUite l 00 Kirkland, Washington 98033 (425) 827-7701 • FAX (425) 827-5424 Right of Entry ASSOCIATED EARTH SCIENCES, INC. GENERAL CONDITIONS "A" 2911 \, Hewitt Avenue, Suite 2 Everett, Washington 98201 (425)259-0522 • FAX (425) 252-3408 Effective July 2010 1552 Commerce Street, Suite 102 Tacoma, Washington 98402 (253) 722--2992 • FAX (253) 722-2993 The Client shall provide AES! legal a~ to and/or obtain permission for AES[ to enter on aJl property, whether Or not owned by Client, as necessary for AESI to perform and complete its work. Client is responsible to provide, by map or drawing, a description of the-property, its location and the location of any buried utilities or structures, including but not limited to, underground storage tanks. Any damage that results to a buried utility, or to Associated Earth Sciences, Inc. (AESI) or :subcontractor equipment. will be the responsibility of the client Also, any additional charges for exploratory work, due to eJlCountering the utility, wil1 be the responsibility of the client. We will take reasonable precautions to minimize damage from use of equipment, but have not included in our fee the cost for restoration of damage whiCh may result from our operations. Hazardous Substances & Drill Cuttings Client warrants that, prior to AESI beginning work, it will provide AES! with all information known, or which reasonably could be known by Client concerning the past or present use of the property and the nature and existence of any hazardous conditions or materials, on, in, under, adjacent to or near the property. When hazardous substances are known. assumed or suspected to exist at a site, AESI is required to take appropriate precautions to protect the bealtl, and safecy of its pe=unel, to comply with applicable laws and regulations, and to follow procedures that AES! deems prudent to minimize physical risks to its personnel and the public. Hazardous substances may exist at a site where there is no reason to believe they could or should be present. AESI and Client agree that the discovery of Wlanticipated hazardous substances constitutes a changed condition mandating a renegotiation of the scope of work or tennination of services. AES! and Client also agree that the discovery of unanticipated hazardous substances may make it necessary for AESl to r.tlce immediate measures to protect human health and safety, and/or the environment. AES! agrees to notify Client as soon as practically possible should unanticipated hazardous substances or suspected hazardous substances be encountered. Client encourages AESI to take any and all measures thatinAESI' s profes..sional opinion are justified to preserve and protect the health and safety of AESl's personnel and the public, and/or the environment, and Client agrees to compensate AESI for the additional cost of such work. In addition, Client waives any claim against AESI, and agrees to indemnify, defend and hold AESI harmless from any claim or liability for :iajury or toss arising from AESl's encountering of un=mticipated hazardous substances or suspected hazardous substances. Client also agrees to compensate AES! for work performed in defense of any such claim. with such compensation to he based upon AESI' s prevailing fee schedule and expense reimbursement policy. Client recognizes tbat, when it is known, assumed or suspected that hazardous subs ranees exist beneath the surfuce of the project site. certain waste materials, such as drill cuttings and drilling fluids, should be handled as if contaminated. Accordingly, to protect human health and safety as well as the euvirorunent, AES! will appropriately contain and label such materials; will promptly infonn Client that such conlaincrization and labeling bas been performed, and will leave !he containers on site for proper, lawful removal, transport and disposal by ClienL Client waives any claim against AESI and/or its professional staff, and agrees to defeud, indemnify and hold AES! and/or its professional staff hannless from any claim or liability for injury or loss which may arise as a result of the drill cuttings. drilling fluids or other assumed hazardous substances being left on site after their contajnerization by AESL Client also agrees to compensate AESI for any time spent and expenses incurred by AESI in defense of any such claim 1 with such compensation to be based. upon AESI' s prevailing fee schedule ·and expense reimbursement policy. AES! will act on behalf of Client to arrange for lawful removal, transport and disposal of hazardous substances and potentially contaminated drill cuttings. drilling fluids and wash water, if Client so requests. and Client agrees to compensate AESI based upon AESI's prevailing fee schedule and expense reimbursement. Soil, rock, waw and/or other samples obtained from the project site are held by AES! for no longer than 30 calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are murually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, it is Client's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples fromAESI' s custody and transporting them to an authorized disposal site. Client is advised that, in all casesJ prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. AESI will act on behalf of Client to arrange for lawful removal, transport and disposal ofhaz.ardous substances if Client so requests, and Oient agrees to compensate AESI based upon AES I's prevailing fee schedule ~d expense reimbursement. Due to the risks to which AESI is exposed. Client agrees to waive any claim against AESI and/or it'. personnel, and to defend, indemnify and hold AESI and/or its personnel harmless from any claim or liability for injury or loss arising from AESI's containing, labeling, transporting, testing, storing or other handling of contaminated samples. Client also agrees to compensate AESI for any time spent and ex~nses incurred by AESI in defense of any such claim, with such compensation to be based upon AESI's prevailing fee schedule and expense reimbursement policy. Aquifer Contamination Subsurface drilling and sampling may result in 'unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer, underground stream, or other hyµIous body not previousIY contaminated and capable of spreading hazardous substances off-site. Because subsurface sampling is a necessary aspect of the work which AES! will perform on Client's behalf, Client waives any claim against AES! and/or its personnel, and agrees to defend, indemnify and hold AES! and/or its persounel hannlcss from any claim or liability for injury orloss which may arise as a result of allege<! cross-contamination caused by drilling or .sampling. Client further agrees to compensate AESI for any time spent or expenses incurred by AES! in defense of any such claim, in accordance with AESI' s prevailing fee schedule and expense reimbursement policy, Ownership of Documents All designs, drawings, specifications, notes, data, sample materials (exclusive of hazardous substances), report reproducibles and other work developed by ABSI are instruments of service and as such remain the property of Associated Earth Sciences, .lllc. Third !'artles . All services performed by AESl and/or its personnel under this agreement are intended solely for the benefit of the client. Nothing contained herein shall confer any rights upon or create any duties on the part of AES! and/or its personnel toward any person or persons not a party to this agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of the above. AESI shall not be responsible for the means, methods, or procedures of construction, nor for safety on the job site, nor for the contractor's failure to cany out the work in accordanr:e with the contract documents. Insurance Associated Earth Sciences, Inc. maintains General Liability Insunmce for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence and we will furnish certificates of such insurance upon written request. Our liability to the Client for bodily injury or property damage arising out of work perfoaned for the Client for which legal liability may be found to rest upon us, other than for professional errors aod omissions, will be limlt.ed to our General Liability Insurance covera.ge. AESI also maintains professional errors and omissions insurance. We will furnish certificates of such insurance UJ)OD written request. Standard of Care Services performed by AESI under this agreement will be conducted in a maoner consistent with that level of care and skill ordinarily exercised by members · of the profession currently practicing in the same locality under similar conditions. No other representation, expr~ or implied, and no warranty or guarantee is included or intended in this agreement or in any report, opinion, and document or otherwise. Limitation of Liability (Option A -Lesser of) To the fullest extent permitted by Jaw, the total liability of AESI and its principals; personnel and employees, to Client and anyone claiming by, through or under Clierit, for any and all c]ai.nu;> losses, costs or damages whatsoever arising out of, resulting from orin any way related to the Project or fuis Agreement from any cause or causes, including but not 1imited to lhe negligence, professional errors or omissions, strict liability, breach of contract or breach of warranty express·or implied Of AESI or its principals, employees or personnel shall not exceed $50,000 or the total co~pensarion received by AESI under this Agreement, whichever is less. Option B -amount paid To the fullest extent permitted by law, the total liability Qf AESJ and its principals, personnel and employees, to Client and anyone claiming by, through or under Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or breach of warnmty express or .implied of AESI or its principals, employees or personnel shall not exce.ed the total compensation received by AESI under this Agreement. · The Client :further agrees to require of the contractor and his subcontractors an identiC21 limitation of AESI's and/or its personners liability for damages suffered by the contractor or subcontractors arising from the professional acts, errors, or omissions of AESJ and/or its personnel. Increased liability limits may be negotiated upon Client's written request, prior to commencement of services, and upon Client's agreement to pay an additional fee conunensurate with the increased risk. Any such increased limit of liability shall be established by written agreement signed by Client and AES!. As used in this paragraph,_the term "liability" means, liability of any kind. whether in contract, tort, strict liability or otherwise, for anY and all injuries, claims, losses, expenses, or damages arising out of of"in any way related to services provided by or through AES!. · Waiver of Conseqnentlal Damages Client expressly waives as to AESI all claims ~ lost profit or any oilier indirect, incidental or consequential damages of any natare, IndeD!nification Client shall indemnify, defend, and hold AESI and/or its personnel harmless against all claims, damages, losses, and expenses, including but not limited to attomey's fees and court costs arising out of or in any way related to the services provided by or through AESI; provided that such indemnification shall not apPly to claims, damages, losses or expenses that arise out of bodily injury to persons or damage to property to the. ex.tent caused by AEST's sole negligence; provided further that Client shall indemnify AESI against liability for damages, losses, or expenses arising out of bodily injury to persons or ~e to property and caused by or resulting from the concurrent negligence of Client, its agents or. employees and AESI, only to the extent of the negligence of parties other than AES!. · CLIENT AND AES! AGREE THAT THE PRECEDING PARAGRAPHS RELATING TO LlMITATIONS OF LIABILITY, WAIVER OF CONSEQUENTIAL DAMAGES AND INDEMNIFICATION WERE MUTUALLY NEGOTIATED AND THAT BUT FOR TIIE INCLUSION OF THOSE PROVISIONS AESI WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, OR AESl'S COMPENSATION UNDER THIS AGREEMENT WOULD HA VE BEEN HIGHER. Stability of Slopes The Client a1so recognizes that risk is inherent with any site inv9lving slopes and Client agrees to accept fu]l responsibility for these ri.sks. Client states that be understands that the information obtained or recommendations made may help to reduce the Client's risks and. that no amount of engineering or geqlogic analysis can yield a gmuantee of stable slopes. Therefore, in cases where there is no fault (i.e. no professional errOrs, omissions or negligence), Client agrees to hold harmless, defend, and indemnify AESI and/or its professional staff for claims from any source in the event of slope movement and any damage resulting. Attorneys Fees In the event the Client makes a claim against AESI and/or its personnel, at laW or otherwise, for any alleged error, omission or other act or failure to act arising out of this agreement, and the Client fails to prove such claim or prevail in an adversary proceeding, then the Client shall pay all costs incurred by AEfil, and/or its personnel, in defending against tbe claim. In all other legal proceedings between the parties, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. including expert witness fees and all litigation related expenses. Billing Invoices will be sµbmitted·once per month and are payable upon receipt. Interest of 1-1/2 % per month (but not exceeding the maximum rate allowable by law) will be added to any account not paid within 30 days. Termination In the event that the Client requests te~tion of the work prior to completion, we reserve the right to complere such analyses and records as required to place our files in order as we consider necessary to protect our professional reputation. At our discretion, a termination charge may also be made to cover our proposal and administrative costs relating to the project. Priority of Provisions The provisions of these General Conditions supersede all other terms arnlcy1nditions of the agreement between Client and AESI. QenC.oD2013-Al • WP\Lioda.\SD-2Dl3 Client Initials ___ _ Denis Law Mayor April 16, 2014 Bruce B!yton Associated Earth Sciences 9115th Ave Kirkland, WA 98033 Community and Economic Development Department C. E.'Chip'Vincent, Administrator SUBJECT: Independent Secondary Review --£eotechnical Vantage Point Apartments/ LUA14-000226, SA-H, ECF, MOD Dear Mr. Slyton: We would like Associated Earth Sciences to conduct an independent secondary review of the Geotechnical Engineering and Geotechnical Hazard Reports, prepared by GeoDesign, Inc. {dated February 18, and February 27, 2013 respectively), for the Vantage Point Apartments. There are concerns regarding the potential for instability if water seepage is allowed on the slope both during and after construction. Additionally, the reports mention that the discharge of groundwater along the slopes and excessive groundwater levels near the slopes could cause a reduction in slope stability. Additionally the scope of services did not include any environmental assessment or evaluation regarding the presence or absence of wetlands or hazardous or toxic material in the soil, surface water, groundwater, air, and on or below or aroundthe site. We would like the scope of your independent review to: • Evaluate demonstration of compliance with King County Code Critical Area Regulations (KCC 21A.24); • Evaluate the effectiveness of proposed mitigating measures for impacts; and • Provide alternative mitigation measures for proposed impacts as necessary. As this review would be paid for by the applicant please forward an estimate and scope of work to my attention prior to performing your review. All subsequent comments can be forwarded to my attention in addition to the applicant. Feel free to contact me at (425) 430-7219 if you have any questions. Thank you. Sincerely, . . ~~~ Senior Planner cc: Owner(s) Applicant Attachments Renton Oty Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov STATE OJ<' WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a weekly newspaper, which newspaper is a legal newspaper of .,,. 1cral circulation and is now and has been for more than six months 10r to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on March 21, 2014. The full amount of the fee charged for said foregoing publication is : sum of .$94.50. cla M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 21st day of March, 2014. ,pt 'f-f~--Cd/?C l/)La /<-, Kuthleen C. Sherman, Notury Public for the Stute of Washington, Residing in Buckley, Washington ,;_,-·-~·· i'. ;.u -. ~- ~ 1 -..t ~ ,6J,..-,• ·U '\.~~:.t·\·, <:,,. './;, '-· ,;, ',' 'Ii,:'.:-~ .;, .... -~:,.,. i,\ , f CITY OF RENTON :\ONOTICEOF Pt:BLIC HEARING RENTOl\ IIEARl:\G EXAMINER RENTON, WASHI~GTON /\ public hearing will he held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of the Renton City llall, 1055 South Grady Way, Renton, Washington. on April OIL 2014 at 9:00 am to consider the following petitions V<1ntage Point Apartments LlJAl4000226 Location South & West of SE 180th St & I 05th Pl SE KCHA is requesting !JEX Site Plan Review, Lot Linc Adjust- ment Critical Arca Exemption, and a street modification for the construction of a 4 slory building containing 77 senior assisted living apartments The vacant 5.02 acre site 1s within the RMF & RMII zones. The applicant. King County I lous- ing Authority, has taken lead agency fbr SEPA review. The applicant is pmposing to regrade approximately 8,858 square feet of critical slopes. Legal dcsenpt1ons of the files noted above arc on hie in the City Clefl..:'s Otlkc. SC\"Cllth Fll)or, City Hall_ Renton. All interested persons are invited to be presern at the Public I !earing to express their opinions. Ques- tions should he directed to the 1 [earing l:xaminer at 425 430 6515 Published in the Renton Reporter on March 21, 2014. #1011666 City of I ENVIRONMENTAL & on Department of Community & Economic I . opment DEVELOPMENT APPLICATION REVIEW COMMENTS DUE: MARCH 17, 2014 APPLICATION NO: LUA14-000226 DATE CIRCULATED: MARCH 3, 2014 APPLICANT: Tim Locke, King County Housing Authority PROJECT MANAGER: Rocale Timmons PROJECT TITLE: Vantage Point Apartments PROJECT REVIEWER: Rohini Nair SITE AREA: 218,644 square feet EXISTING BLDG AREA (gross): LOCATION: South & West of SE180th St & lOSth Pl SE PROPOSED BLDG AREA (gross) SHEET SUMMARY OF PROPOSAL: The applicant is requesting Hearing Examiner Site Plan Review, Lot Line Adjustment, Critical Area Exemption, and a street modification for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. A, ENVIRONMENTAL IMPACT (e,g, Non-Code} COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts lmpact5 Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water LinhtlG/are Pf ants Recreation Land/Shoreline Use Utilities Animals Transoartation Environmental Health Public Services Energy/ Natural Resources Historic/Cultural Preservation Airport Environment 10,000Feet 14,000 Feet C. CODE-RELATED COMMENTS _/] 7/Llu (t,u /io C l/)'7y:ict.,e/s,_ m 0.0£0 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 whrre additional information · n eded to properly assess this proposal. < ' ' S-J-d Date • • Hearing Examiner's Decision 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Vantage Point Apartments Site Plan, Lot Line Adjustment, Critical Areas Exemption and Street Modification LUAl4-000226, LLA, SA-H, MOD, CAE ) ) ) FINAL DECISION ) ) ) ) ) ) Summary The King County Housing Authority has applied for a site plan approval, a critical areas exemption, a lot line adjustment and street modification. The site plan approval, critical areas exemption, lot line adjustment and street modification are approved with conditions. The applications are for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. The vacant 5 .02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) wning classifications on the southwest comer of SE 180th St and 105th Pl SW. Primary vehicular access to the site would be provided from curb cuts along I 05th Pl SE and SE 180th St. An approved short plat (LUA08-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. The Applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. A street modification from RMC 4-6-060 is being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, no parking, and a 10-foot wide planting strip. A total of 60 parking spaces would be provided within surface and structured parking areas on site. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-I 1 2 3 4 The Applicant is proposing to re-grade approximately 8,858sfofcritical slopes. KCC 21A.24.310.D.2 allows re-grading within steep slopes through an alteration process. The City of Renton does not have an alteration process. Consequently, the Applicant has requested a Critical Area Exemption to alter the steep slopes on site. Finally, the Applicant is requesting a Lot Line Adjustment to revise the Native Growth Protection Tract 5 (Tract C-2) in order to reflect a recent survey of critical areas on site and the proposed re-grading of critical slopes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Testimony Rocale Timmons, senior planner, stated that the project site is located in the south portion of Renton. The site is west of 180th Ave SE, a principal arterial street, and contains two parcels. The site is surrounded by multi-family uses and a Fred Meyers. The existing Vantage Point location is south of the site and consists of single-family manufactured homes. The two parcels form an "L-shape" and are zoned residential multi-family (RMF) and residential manufactured homes (RMH). Development would primarily occur on the RMF zoned parcel with limited grading on the RMH wned which is in a Native Growth Protection Tract which contains critical slopes, landslide and erosion hazards, and a wetland. The primary lot fronts onto public streets. Tract C-2, which abuts the site, contains I. 7 acres of open- space area. According to Ms. Timmons, the facility will contain 77 senior-assisted living apartments. A short plat was approved and recorded which vests the proposal for up to 90 residential units. King County Housing Authority took lead agency with respect to SEP A. A determination of non-significance was issued on February 27, 2014. The comment period ended on March 13, 2014, and no appeals were filed. The 4- story facility would contain two wings which would be connected by a single, common space. The proposal contains 60 parking stalls including both structured and surface spaces. Primary vehicular access to the site would be provided from 4 curb cuts along I 05th Place SE and 180th Ave SE. The structure is concentrated in the center of the site and oriented to the north. There is an approximate 80ft- wide natural and mature, vegetative buffer which will be maintained in proposed tract C-2. There is planned hardscaping and landscaping throughout the site. The proposed pedestrian system is adequate in staff's opinion. The Applicant is proposing to reduce the massing view from neighboring properties and increase the setbacks. Staff found that the proposal complies with the King County Comprehensive Plan. The proposal provides safe housing for people of all income-levels. The Applicant has proposed common and open space with variation in building facades and materials. The proposal meets the County's R-12 wning standards as well. The staff report contains conditions regarding landscaping and refuse collection to ensure compliance with King County Code. Ms. Timmons added that staff is in support of the critical area exemption request if all conditions are met. The Applicant is proposing to grade 9 ,OOOsqft in the steep slope area. The geo-tech report states that the re-grading of the site will not increase the slope in excess of 50 percent and will not adversely impact the site. Staff is recommending secondary review of the water seepage effects in the geo-tech report. The site plan meets Renton' s site plan review criteria. The proposal provides adequate services and SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 infrastructure. The Applicant provided a water and sewer availability certificate. In regard to drainage, a preliminary drainage report was submitted with the application which was in accordance with the 2009 King County Water Manual. The Applicant intends to collect storm water in a series of catch basins and route the water to detention ponds on site. Staff supports the requested street modification; however, this is subject to future review by the Transportation Department. The proposal meets the lot line adjustment criteria. Staff recommends approval of the proposal, subject to 8 conditions. Applicant Testimony Bob Johns, representing King County Housing Authority, submitted the final determination of non- significance for the proposal (Ex. 16). The Applicant has reviewed the staff report and is in concurrence with the recommendations. In regard to Condition 8, the city district and Applicant have agreed no school fees are necessary because the facility is for seniors. Staff recommended that a covenant be imposed saying no children in the facility. It is a violation of the Federal Fair Housing Act to create a covenant requiring everyone to be a certain age; however, the Applicant plans to record a covenant that, if a child was to live in the senior-assisted housing facility, a school impact fee would be assessed and paid. Public Testimony Cecilia Miller noted that the Vantage Lease Agreement for her mobile home site states (Page 4 of7), the Housing Authority is not responsible for earth movement of the home or damages during any improvements to the premise. She is concerned that the construction from the project will damage the mobile homes in Vantage Glen. The new project's site has a very high hill, and the grading will have impacts. The Housing Authority owns the property on which the mobile homes are located, but the individuals own the actual mobile homes. Ms. Hill testified that she lives on the existing Vantage Glen mobile home property. She was unaware that Vantage Glen was not owned by King County government when she moved to the property. She does not trust that King County Housing Authority has good intentions and believes it is taking advantage of seniors to gain money for projects. She is concerned about the steep slopes near the property and noted that there has already been water leakage into the mobile home park. Staff Rebuttal Rocale Tinunons stated that Renton reviewed the goo-technical report submitted by the Applicant and found it would be beneficial to require an independent-party review of the report. Steve Lee, Development Engineering Manager, testified that he reviewed the geotechnical report. The geotechnical report is intertwined with the storrnwater and grading review. The secondary review will include storrnwater mitigation analysis. The independent review may find the need for additional mitigation measures or decide no work should be done on the slopes. Rocale Tinunons noted that, if the independent review found that no work could be done on the slopes, 26 the next steps in the permit process would depend upon how the Applicant redesigned the project, most SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-3 I 2 3 importantly how fire access would be handled. Exhibits The April I, 2014 staff report Exhibits 1-15 identified at page 2 of the staff report itself were 4 admitted into the record during the hearing. Exhibit 8 was amended at the hearing. Additionally, the Examiner admitted Exhibit 16, the Final DNS letter. 5 6 7 8 FINDINGS OF FACT Procedural: 9 I. Applicant. King County Housing Authority. IO 2. Hearing. The Examiner held a hearing on the subject application on April 8, 2014 at I :00 pm in 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the City of Renton Council Chambers. 3. Project Description. The Applicant proposes to construct a 4-story multi-family building containing 77 senior assisted living apartment units. 11. The 77 units (72 one-bedroom and 5 two bedroom units) would be used for low-income, affordable senior assisted living housing. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest comer of SE 180th St and I 05th Pl SW. Primary vehicular access to the site would be provided from curb cuts along I 05th Pl SE and SE 180th St. The primary lot (Lot 2) which fronts onto the public streets is a cleared grass covered, relatively flat site of approximately 3 .3 acres. Tract C-2 contains approximately I. 7 acres which wrap around the eastern and southern boundaries of Lot 2. An application for the Vantage Glen Short Plat was submitted to the King County Department of Development and Environmental Services (KC DDES) for review on October 17, 2007. Before the application could be reviewed and a decision issued, the subject property was annexed to the City of Renton as part of the Benson Hill Annexation (Ordinance #5327) on March I, 2008. 13. The short plat, vested to King County Code, was approved by the City on May 12, 2009 (Ex. 11 and 14 ). The approved short plat (LUAD8-13 7) vests the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards in place at the time of Short Plat application (Ex. 12). The existing Vantage Glen community, to the east, west and south of the subject site, consists of single- family manufactured homes and a community center. To the north are residential multi-family and a Fred Meyer anchored retail shopping center. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-4 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 On February 27, 2014, the King County Housing Authority, SEPA lead agency, issued a Determination of Non-Significance for the Vantage Point Apartments (Ex. 6). A 14-day combined comment and appeal period commenced on March 13, 2014 and ended on March 23, 2014. No appeals of the threshold determination were filed. No public or agency comments have been received on the subject proposal. A street modification from RMC 4-6-060 is being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, no parking, and place a I 0-foot wide planting strip behind the sidewalk in the right of way. The site is located within a High Erosion Hazard area and an unclassified Landslide Hazard Area. Protected slopes, which exceed a 40 percent grade, are also located on site. The site steep slopes are located within Tract C-2 and cover approximately 51,851 sf. The northwest edge of the tract also contains a 550 square foot Category IV wetland, as classified by the King County Code. The Applicant is proposing to re-grade approximately 8,858sf of critical slopes. KCC 21A24.3IO.D.2 allows re- grading within steep slopes through an alteration process. However, the City of Renton does not have an alteration process and the request to alter the steep slopes on site will be reviewed through a requested Critical Area Exemption. Finally, the Applicant is requesting a Lot Line Adjustment to revise the Native Growth Protection Tract (Tract C-2) in order to reflect a recent survey of critical areas on site and the proposed re-grading of critical slopes. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The site is served by the Soos Creek Water and Sewer District for all water and sewer service. B. Fire and Police. Fire and police department staff have determined that existing facilities are adequate to serve the development if the Applicant provides Code required improvements and pays the Fire Impact Fee. C. Drainage. City staff have determined that the conceptual drainage plan complies with the 2009 King County Surface Water Design Manual, the City's applicable stormwater development standards. The Applicant proposes to grade the project site to drain into catch basins, a swale and/or a rain garden. The catch basins, swale and rain gardens would connect to an underground infiltration system that would allow water to infiltrate into the site soils. Stormwater from the development would be collected in a series of catch basins and swales. Target pollution generating surfaces would be treated by on-site rain gardens to receive Enhanced Basic Water Quality treatment. The runoff would then be routed to a detention pond which then outlets to the City owned storm system in I 05th Place SE. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-5 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 D. Parks/Open Space. The proposed development will impact the Parks and Recreation system. These impacts will be mitigated by payment of the Parks Impact Fee for each multi-family unit. The Applicant is proposing a total of 13,330 square feet of courtyards which exceeds the King County recreation requirements. Proposed recreation space would include interior community spaces, decks, patios, and other outdoor recreation areas. The Applicant is proposing pedestrian seating throughout the site. E. Transoortation. Traffic impacts are adequately mitigated by the proposal. Level of service standards will not be reduced below adopted levels for the proposal and traffic impact fees will be assessed to pay for proportionate share transportation system impacts. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. The proposal is anticipated to generate 24 weekday PM peak hour trips and 31 weekday AM peak hour trips. The relatively low trips would likely not have a significant impact on traffic flow on the adjacent streets or to and from the arterials. The Applicant is proposing a modification from the street standards in order to maintain and extend the existing improvements (18-foot wide travel lane, 6-foot wide sidewalk, and no parking) and place a 10-foot planter behind the sidewalk within the right-of-way. There is no need for a parking lane along the frontage of the site and the existing curb could continue to be used as the character of the road has been established without the use of parking. Additionally, the Applicant is providing 21 more stalls than required by code on site. The Applicant is also providing increased widths for landscaping and sidewalk within the right of way. The requested modification meets the objective and safety of the code requirements. The proposed street cross section would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. The No Parking area is subject to possible revision in the future as found necessary by the City Transportation Department. F. Schools. The Applicant is proposing housing exclusively for the elderly. If the Applicant records the necessary covenants or declarations of restrictions on the property to ensure no children will reside in the development, no School Impact Fees will be required. G. Parking. The proposal provides adequate parking. The proposed development includes an apartment building with two four story wings connected by a central common space. The north wing has one level of structured parking, underground. The partially underground first floor of the south wing is mostly parking (Ex. 5). There are two surface parking areas, one SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-6 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 associated with the north building and the other with the south wing. The Applicant is proposing a total of 60 parking stalls. H. Bicycle Stalls. There are no bicycle parking requirements in the King County code. I. Vehicular Access and Internal Circulation. The subject development is proposing to take access via four curb cuts from 105th Place SE and SE 180th St. The access road would provide emergency access to the rear of the building complex as well as for building and site maintenance. The proposal promotes safe and efficient circulation through the proposed access points. The proposed pedestrian circulation system will eventually provide linkages to Benson Drive S and SE Petrovitsky St. The proposed site plan is designed such that vehicles are separated from pedestrian areas. J. Pedestrian Circulation. The Applicant is proposmg a pedestrian circulation system throughout the project site winch connects all opens space and parking areas spaces. The Applicant has achieved safe and attractive pedestrian connections throughout the site. K Landscaping. A conceptual landscape plan was submitted with the project application (Ex. 3). The landscape plan includes a diverse planting plan. The landscaping is used to provide transitions between the proposed development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project. The landscaping softens the appearance of parking areas, and helps to define and enhance open spaces, and generally works to enhance the appearance of the project. It is unclear if the proposed landscape plan complies with spacing requirements of KCC 21A.16.050. Landscaping square footage for parking areas was not submitted with the land use application (KCC 21A.16.070). L. Refuse Enclosure. The proposed fucility would require an l l 6sf deposit area for the 77 unit proposal. The Applicant is proposing to locate refuse and recycle utility areas within the building at three different locations. The square footage of designated refuse and recyclable areas were not submitted with the land use application. M. Building Facade Modulation. The proposal includes a variety of building articulations and modulations in order to break down the scale and massing of the structure. Though the proposal appears to comply with the modulation requirements of the King County Code, Staff was unable to confirm compliance. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-7 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 N. Recreation. Proposed recreation space would include interior community spaces, decks, patios, and other outdoor recreation areas resulting in a total of 13,330sf of area. The proposal complies with the requirements of the King County Code. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. The steep critical areas on-site are the result of past mining activity. The Critical Areas Exemption (Modification) proposes re-grading of the site. The re-grading will not increase the existing slope inclinations in excess of 50% and will not adversely impact slope stability. All grading will occur outside the buffer for Wetland A. Impacts are more specifically addressed as follows: A. Compatibility. The proposal is fully compatible with surrounding land uses. Adjoining uses to the north are commercial with residential on all sides. The City's extensive design and landscaping standards assure aesthetic compatibility with the surrounding multi-family. B. Views. According to the staff report, the proposal would not affect view corridors to shorelines and Mount Rainer. Territorial views to the south enjoyed by the multi-family residential use to the north of the site may be impacted. The primary structure is proposed to be sited in the center of the site. However, the scale and bulk would be reduced as viewed from neighboring properties due to the increase in the setbacks (Ex. 2). The scale and bulk of the building is also visually reduced through the use of differing materials, building articulation and modulation and differing roof profiles (Ex. 5). Additionally, a natural and mature vegetated buffer with an approximate average width of 80-foot will be retained along the western and southern portion of the site within the Critical Area Tract. C. Lighting. The Applicant did not provide an on-site lighting plan. A condition of approval will require the Applicant to provide such a plan. D. Screening. Landscaping has been thoughtfully incorporated into the site plan in order to screen parking areas (Ex. 3). All mechanical units and refuse and recyclable areas are proposed to be located within the building and would not be visible from the public. E. Privacy and Noise. Noise impacts are adequately mitigated. Staff anticipates most of the noise impacts would occur during the construction phase of the project. The Applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. The building has a primary orientation to the northeast. The open space and courtyard areas have been thoughtfully located throughout the site and are located in areas that allow residents to enjoy territorial views to the south and west. The approximate 80-foot wide natural and mature vegetated buffer to be retained along the western and southern portions of the site would assist in the provision of privacy for the residents of the proposal in addition to increased setbacks from the north and the east. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-8 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. G. Natural Features. King County Code 16.82.156 'Significant Trees' requires that significant trees located in the interior of the development proposal, excluding critical areas or their buffers, shall be retained in an apartment or townhouse development at the rate of ten trees per acre or five percent of the trees, whichever is greater (Ex. 12). The tree retention plan provided does not demonstrate compliance with the tree retention requirements of the King County Code. The site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The slope gradients on site vary from 40 percent to approximately 60 percent with a change in elevation from 30-45 feet. The slopes on site meet the definition for steep slope geologic hazard areas as defined by KCC 21.A.24. The existing steep slope area currently totals 51,851 square feet. The grading of the steep slope is estimated at 8,858 square feet and would occur in the upper zone of the steep slope area. KCC 2 l .A.24.200 requires a building setback of 15 feet be established from all critical area buffers (Ex. 12). The following improvements are allowed within the building setback: landscaping, uncovered decks, building overhangs not more than 18-inches, impervious ground surfaces, and utilities. The Applicant is proposing an access drive aisle, sidewalks, and drainage utilities within the required 15-foot setback. The proposal appears to comply with the Critical Area building setback requirements. The proposed impervious area of the site would be 99,799 square feet, on the 214,900 square foot project site (after street dedications), resulting in an impervious cover of 46.4 percent. The proposal complies with the impervious cover requirements of the zone. The proposed building would have a gross area of approximately 99,087 square feet and building footprint of27,597 square feet resulting in a building lot coverage of approximately 12.8 percent. The proposal complies with the building standards of the zone. On site soil removal would be required. The approximate volume of cut would be 23,000 cubic yards and I, I 00 cubic yards of fill will be brought to the site for net 21,900 cubic yards ofcut. Critical Areas. The site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The Applicant provided a geotechnical report, prepared by GEODesign, Inc., on February 18, 2014 in addition to a Geologic Hazard Report (Ex. 13). The reports concluded that the subject site and surrounding parcels have been extensively graded during past aggregate mining activities on the property and that the slopes were created as a result of mining activity. Re-grading of the steep slope areas is allowed by the vested King County Code (KCC2 IA.24.3 l O.D.2) through a Critical Area Alternation. The City does not have a Critical Area Alteration process. Alternatively, the applicant is requesting a Critical Area Exemption (also a Tier I permit) to re-grade within the steep slopes. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADWSTMENT-9 I 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 T.he geotechnical report states that proposed re-grading of the site would not increase the existing slope inclinations in excess of SO-percent and would not adversely impact the slope stability of the site. The proposed re-grading is also not anticipated to impact the slope stability on adjacent properties of the Steep Slope Hazard Areas. The report recommends that slopes should be graded to drain back from the top of slopes. The main considerations noted in the geotechnical reports include the existence of moisture sensitive clay soils, anticipated water seepage, the height of proposed cuts, the presence of a weathered and fractured upper soil zone and associated risk of shallow soil movements. There is concern regarding the potential for instability if water seepage is allowed on the slope both during and after construction. Additionally, the reports mention that the discharge of groundwater along the slopes and excessive groundwater levels near the slopes could cause a reduction in slope stability. The scope of services did not include any environmental assessment or evaluation regarding the presence or absence of wetlands or hazardous or toxic material in the soil, surface water, groundwater, air, and on or below or around the site. The Applicant also provided a wetland report, prepared by ESA, in January of2014 (Ex. 15). One wetland was delineated on the subject property. Wetland A is an unmapped palustrine forested wetland located at the northeast end of 104th Ave SE and is approximately 550sfin size. The Category IV wetland is located next to the base of the steep slope and requires a 25- foot buffer beyond the toe of the slope. There is a break in the steep slope approximately 40- feet upslope from the wetland. Extending the 25-foot wetland buffer from the break in the slope results in a buffer that is slightly larger than 50-feet. There are no impacts proposed to Wetland A and the proposed grading would occur outside of its buffer. Conclusions of Law I. Authority. Assisted Living facilities are permitted in the Residential Multi-family zone (RMF) but not in the Residential Manufactured Home zone (RMH) (RMC 4-2-060(C). The proposal is vested to the King County Code and therefore subject to the King County's R-12 zoning designation development standards. KCC 21.A provides development standards for development within the R-12 zoning classification for which the project is vested (Ex. 12). Pursuant to KCC21.A.08, Senior Citizen Assisted Living uses are outright permitted within the KC R-12 zoning classification. The Applicant has requested site plan review, a lot line adjustment and modifications to the critical areas ordinance and to the street standards. Lot Line Adjustments and Street Modifications are Type I Administrative Decisions (RMC 4-8-080(0)). Site Plan Review is a Type II Administrative Decision (RMC 4-8-080(0)). Because the slopes on the subject site are manmade, the critical areas exemption is a Type I decision (RMC 4-8-070(D)(3)(b), RMC 4-9-050(D)(4)(b)(i)(d), and RMC 4-9- 050(N)(2)(a)(ii)(a) ). SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-IO 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 The Environmental Review Committee has significant concerns related to the proposed re-grading of the steep slope. Because significant environmental concerns remain, a public hearing by the Hearing Examiner is required (RMC 4-9-200(D)(2)(a)). If the environmental concerns did not remain, the entire process would be an administrative decision. The requirement for a public hearing held by the Hearing Examiner grants the Examiner the authority to hold a hearing and issue a final decision on the permit requests, subject to closed record appeal to the City Council (RMC 4-8-080(0) and RMC 4-9- 200(F)(9)). 2. Zoning/Comprehensive Plan Designations. The subject property is in two zones. A portion of the project is zoned Residential -Manufactured Home (RMH). The other portion of the project is zoned Residential-Multi-family (RMF). The comprehensive plan land use designation is Residential Multi Family (RMF). However, the proposal is vested to the King County Code and therefore subject to King County's R-12 zoning designation development standards. KCC 21.A provides development standards for development within the R-12 zoning classification for which the project is vested (Ex. 12). Pursuant to KCC21.A.08, Senior Citizen Assisted Living uses are outright permitted with.in the KC R-12 zoning classification. 3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3). Street modifications are governed by RMC 4-9-250(C)(5). Critical Areas Exemptions are governed by RMC 4- 9-050. Lot Line Adjustments are governed by RMC 4-7-060. The Vantage Glen Short Plat vested to King County Code on May 12, 2009. In addition to the applicable City of Renton Codes, the following King County Codes apply: KCC 21A.08 Permitted Uses; KCC 21A.12 Development Standards, Density and Dimensions; KCC 21 A.14 Development Standards, Design Requirements; KCC 21 A.16 Development Standards, Landscaping and Water Use; KCC 21A.18 Development Standards, Parking and Circulation; and KCC 21 A.24 Critical Areas. All applicable criteria are quoted below in italics and applied through corresponding conclusions oflaw. King County Code 19 4. King County Code 21A.12 Bulk and Dimensional Standards. King County Code 21A.12.030 20 21 22 23 24 25 26 allows a base density of 12 units/acre in the R-12 zone. The maximum density is 18 dwelling units/acre. The minimum density is 80% of the base density. The minimum density for the subject site is a based on a calculation of the total site area of the Vantage Glen Short Plat (Ex. 11) and is further noted in Note 21 recorded on the face of the short plat (Ex. 14). The maximum density for the subject site is limited to 90 dwelling units. The proposal for 77 units complies with the density requirements of the zone (KCC. 2 IA.12.030). 5. There is a 30-foot minimum lot width requirement. There are no other minimum lot size or depth requirements in the R-12 zone. The proposed lot line adjustment would comply with the lot dimension requirements of the King County Code. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADruSTMENT-11 I 6. The R-12 wning designation requires a minimum street setback of IO feet to the building. The 2 3 4 5 6 7 8 9 10 11 12 13 minimum side yard setback is 5 feet. There are no minimum rear yard setbacks in the R-12 zone. The front yard setback of 22'3" and the side yard setback of 165' comply with the setback requirements of the R-12 zone. 7. The building height is restricted to 60 feet. The allowed impervious surface coverage is 85 percent. The height of the proposed structure is 51' at the highest point. The proposed impervious area of the site is 99, 799st; on the 2 l 4,900sf project site (after street dedications), resulting in an impervious cover of 46.4%. The proposal complies with the impervious cover requirements of the wne. The proposed building would have a gross area of approximately 99,087sfand building footprint of27,597sf resulting in a building lot coverage of approximately 12.8%. The proposed building height and impervious coverage comply with the King County Code. KCC 21A.16.050. JO feet of Type Ill landscaping shall be provided for a commercial or attached/group residence development. Type III landscaping shall minimally consist of A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced to create a continuous canopy; at least 70 percent deciduous trees; trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet apart on center; shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than 8 feet apart on center. 8. As noted in Findings of Fact No. 4(K), a conceptual landscape plan was submitted with the 14 project application (Ex. 3). The landscape plan includes a diverse planting plan. It is unclear if the 15 proposed landscape plan complies with spacing requirements ofKCC 21A.16.050. Landscaping square footage for parking areas was not submitted with the land use application (KCC 21A.16.070). In order to 16 17 18 19 20 21 22 23 24 25 26 ensure consistency with the landscaping requirements, a condition of approval will require the Applicant to submit a detailed landscape plan demonstrating compliance with KCC 21 A.16. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. KCC 21A.14.090. Apartment and townhouse developments and all group residences shall provide building facade modulation on .facades exceeding 60 feet and facing abutting streets or properties zoned R-I through R-4. The .following standards shall apply: A. The maximum wall length without modulation shall be 30 feet; and B. the sum of the modulation depth and the modulation width shall be no less than eight feet. Neither the modulation depth nor the modulation width shall be less than two feet. 9. As noted in Findings of Fact No. 4(M), the proposal includes a variety of building articulations and modulations in order to break down the scale and massing of the structure. Though the proposal appears to comply with the modulation requirements of the King County Code, Staff was unable to confirm compliance. In order to ensure consistency with the building facade modulation requirements of SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-12 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 the King County Code, as a condition of approval, the Applicant will be required to submit to the Current Planning Project Manager length and depth detail for the building modulation in accordance with KCC 21A.14.090 prior to building permit approval. KCC 21A.14.180. A. Residential developments of more than four units in the UR and R-4 through R-48 zones ... shall provide recreation space for leisure, play and sport activities as follows. 4. Apartments and townhouses developed at a density of greater than eight units per and mixed use: a. Studio and on bedroom: ninety square feet per unit b. Two bedrooms: one hundred and seventy square feet per unit. 10. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multipurpose entertainment and education areas (KCC 21A.14.180.D). The proposed facility would require 7,330sf of recreation area for the 77 unit facility. Proposed recreation space would include interior community spaces, decks, patios, and other outdoor recreation areas resulting in a total of 13,330sf of area. The proposal complies with the requirements of the King County Code. 11. Pursuant to KCC 21A.14.210, multi-family developments require a nurumum of l.5sf per dwelling unit for refuse deposit areas. Additionally, at least one deposit area/collection point for every 30 dwelling units is required. As noted in Finding of Fact No. 4(L), the proposed facility would require a 116sf deposit area for the 77 unit proposal. The square footage of designated refuse and recyclable areas were not submitted with the land use application. In order to ensure consistency with the square footage requirements staff recommends, as a condition of approval, the Applicant is required to submit to the Current Planning Project Manager sizing detail for the refuse and recyclable deposit areas prior to building permit approval. Additionally, the Applicant is required to demonstrate how refuse and recyclables would be picked up and where these would be located on pick-up day to the satisfaction of the Current Planning Project Manager. 12. KCC 21A.18.030 requires one parking space per two dwelling units for Assisted Senior Living Residential Units. Based on the use, 39 parking spaces would be required in order to meet code. The Applicant proposed to provide a total of 60 spaces. The parking conforms to the minimum requirements for drive aisle and parking stall dimensions and the provision of ADA accessible parking stalls pursuant to KCC 21A.l 8.l 10. 13. As noted in Finding of Fact No. 5(F), King County Code 16.82.156 'Significant Trees' requires that significant trees located in the interior of the development proposal, excluding critical areas or their buffers, shall be retained in an apartment or townhouse development at the rate of ten trees per acre or SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-13 I 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 five percent of the trees, whichever is greater (Ex. 12). The tree retention plan provided does not demonstrate compliance with the tree retention requirements of the King County Code. A condition of approval will require the Applicant to submit a tree retention plan in compliance with KCC 16.82.156 ·Significant Trees'. Site Plan RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: l Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100. 14. The proposal is consistent with applicable comprehensive plan policies, City of Renton and King County wning regulations and design guidelines as outlined in Findings 24(a)-(k) of the staff report, which is adopted by this reference as if set forth in full, including the findings and conclusions. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: l Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; il Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iil Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refase and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-14 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 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 15. The assisted living units are necessarily concentrated on one portion of the site due to the topography, but the impacts of this concentration are negligible given the small portion of the site that is occupied by buildings and the large setbacks and significant amount of landscaping that separates the facility from adjoining uses. The facility could not be considered "overscale" considering the relatively small amount of area occupied by buildings. As determined in Finding of Fact No. 5, lighting and view impacts are adequately mitigated and landscaping, as conditioned, is effectively used to protect adjoining properties from noise and glare and to maintain privacy and enhance the appearance of the project. The project will be conditioned to provide for adequate screening ofrefuse and recyclables and to provide screening from utilities and rooftop structures. As determined in Finding of Fact No. 5, the project provides screening ofloading areas to minimize views from surrounding properties. RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sun light, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 16. As determined in Finding of Fact No. 5, landscaping has been well designed to provide for privacy and noise reduction. There is nothing in the record to reasonably suggest that the scale, spacing and orientation of the project could be modified to provide for more privacy and noise reduction without unreasonably interfering with the objectives of the facility. The scale of the facility will not create any adverse impacts as discussed and is compatible with vehicle and pedestrian circulation as determined in Finding of Fact No. 5. In addition, there is nothing in the record to reasonably suggest SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT· 15 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 that the scale of the project is incompatible with sunlight, prevailing winds or natural characteristics. Impervious surfaces are significantly less than those authorized by applicable zoning regulations. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: l Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; iL Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iiL Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 117. The proposal provides for adequate access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4(1) and (J). RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 18. The proposal provides for open space that serves as distinctive project focal points and also provides for recreation as determined in Finding of Fact No. 4(N) .. RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 19. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 20. As noted in Finding of Fact No. 5(F), the site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The slope gradients on site vary from 40 percent to approximately 60 percent with a change in elevation from 30-45 feet. The slopes on site meet the SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 definition for steep slope geologic hazard areas as defined by KCC 21.A.24. The existing steep slope area currently totals 51,851 square feet. The grading of the steep slope is estimated at 8,858 square feet and would occur in the upper zone of the steep slope area. The grading is the subject of the Critical Areas Exemption-Modification below (See Conclusion of Law No. 23). KCC 2 l.A.24.200 requires a building setback of 15 feet be established from all critical area buffers (Ex. 12). The Applicant is proposing an access drive aisle, sidewalks, and drainage utilities within the required 15-foot setback. The proposal appears to comply with the Critical Area building setback requirements. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and .facilities to accommodate the proposed use. 21. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 22. The project is not phased. Critical Areas Exemption -Modification RMC 4-8-070(D)(8)(b): Authority: The Community and Economic Development Administrator shall review and act on the .following: 8. Modifications: b. Modification of geologic hazard regulations for manmade slopes; RMC 4-9-050(D)(4)(b)(i)(d): Review Authority-Geologic Hazards, Habitat Conservation, Streams I 9 and Lakes, and Wetlands: The Administrator is authorized to make the .following administrative allowances and determinations: 20 21 22 23 24 25 26 i. Geologic Hazards. (d) Grant a modification for created slopes per subsection N2 of this Section. 23. As determined in Finding of Fact No. 5(G), the site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The Applicant provided a geotechnical report, prepared by GEODesign, Inc., on February 18, 2014 in addition to a Geologic Hazard Report (Ex. 13). The reports concluded that the subject site and surrounding parcels have been extensively graded during past aggregate mining activities on the property and that the slopes were created as a result of mining activity. RMC 4-8-070(D)(8)(b) and RMC 4-9-050(D)(4)(b)(i)(d) allow for modification of geologic hazard SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-17 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 regulations for manrnade slopes. Re-grading of the steep slope areas is also allowed by the vested King County Code (KCC21A.24.310.D.2) through a Critical Area Alternation. The City does not have a Critical Area Alteration process. Alternatively, the applicant is requesting a Critical Area Exemption to re-grade within the steep slopes. RMC 4-9-0SO(N)(2)(a)(ii)(a): Geologic Hazards -Modifications: An applicant may request that the Administrator grant a modification to allow: (a) Regrading of any slope which was created through previous mineral and natural resource recovery activities or was created prior to adoption of applicable mineral and natural resource recovery regulations or through public or private road installation or widening and related transportation improvements, railroad track installation or improvement, or public or private utility installation activities; The following procedures shall apply to any of the above activities: (I) The applicant shall submit a geotechnical report describing any potential impacts of the proposed regrading and any necessary mitigation measures; (2) All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant's expense; (3) The Department Administrator may grant, condition, or deny the request based upon the proposal's compliance with the applicable modification criteria of RMC 4-9-250D; and (4) Any slope which remains forty percent (40%) or steeper following site development shall be subject to all applicable geologic hazard regulations for steep slopes and landslide hazards, in this Section. (5) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: The proposed modification is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. 24. As noted in Finding of Fact No. 5(G), the geotechnical reports concluded that the subject site and surrounding parcels have been extensively graded during past aggregate mining activities on the property and that the slopes were created as a result of mining activity. The site therefore qualifies for a Geologic Hazards Modification pursuant to RMC 4-9-050(N)(2)(a)(ii)(a). The main considerations noted in the geotechnical reports include the existence of moisture sensitive clay soils, anticipated water seepage, the height of proposed cuts, the presence of a weathered and fractured upper soil zone and the associated risk of shallow soil movements. There is concern regarding the potential for instability if water seepage is allowed on the slope both during and after construction. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-18 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 Additionally, the reports mention that the discharge of groundwater along the slopes and excessive groundwater levels near the slopes could cause a reduction in slope stability. This concern was also expressed my members of the public during the public hearing. The GEO Design scope of services did not include any enviromnental assessment or evaluation regarding the presence or absence of wetlands or hazardous or toxic material in the soil, surface water, groundwater, air, and on or below or around the site. The geotechnical report states that proposed re-grading of the site would not increase the existing slope inclinations in excess of 50% and would not adversely impact the slope stability of the site. The proposed re-grading is also not anticipated to impact the slope stability on adjacent properties of the Steep Slope Hazard Areas. The report recommends that slopes should be graded to drain back from the top of slopes. Pursuant to RMC 4-9-050(N)(2)(a)(ii)(a)(2) a condition of approval will require the Applicant to provide an independent review of the submitted geotechnical report and the geologic hazard report prior to construction permit approval. The independent analysis shall be paid at the Applicant's expense, and the Administrator shall select the third-party review professional. Additionally, the drainage report may have to be updated based on the results of the secondary review of the geotechnical report and geologic hazard report. If the independent review determines the re-grading of the site would harm the public health, welfare or safety, the Critical Areas Exemption shall be denied. Lot Line Adjustment RMC 4-7-060: PRINCIPLES OF ACCEPTABILITY: A lot line adjustment shall be consistent with the following principles of acceptability: J. Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments; :Z. Improving: Create better lot design, or improve access; 3. Conforming: Conform to Applicable Zoning: See chapter 4-2 RMC, subdivision and other code requirements pertaining to lot design, building location, and development standards. 25. The Applicant is proposing a Lot Line Adjustment in order to adjust the lot line between Lot 2 and Tract C-2. The original lot line was created in order reflect a survey of the critical areas on the site. The Applicant is proposing re-grading approximately 8,858sfwithin upper zone of the steep slope area. Once the re-grading is accomplished, the boundary of the critical areas and associated buffers will change. The lot line adjustment will correct the setback encroachments for the revised critical areas boundaries. The new lot line will improve the lot design by setting the critical areas boundaries. The proposal complies with the applicable King County Zoning regulations therefore meeting all principles of acceptability. Street Modification SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-19 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 RMC 4-9-250(D)(2): Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, junction, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be injurious to other property(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; e. Can be shown to be justified and required/or the use and situation intended; and f Will not create adverse impacts to other property(ies) in the vicinity. 26. The criterion above are met for the requested modification to RMC 4-6-060 for the reasons identified in Finding of Fact No. 4(E). There is no need for a parking lane along the frontage of the site and the existing curb could continue to be used as the character of the road has been established without the use of parking. Additionally, the applicant is providing 21 more stalls than required by code on site. The applicant is also providing increased widths for landscaping and sidewalk within the right of way. The requested modification meets the objective and safety of the code requirements. The proposed street cross section would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. DECISION The site plan, street modification, critical areas exemption, and lot line adjustment are approved subject to the following conditions. 1. The Applicant shall be required to submit a detailed landscape plan demonstrating compliance with KCC 21A.16.050 for landscape spacing. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 2. The Applicant shall be required to submit to the Current Planning Project Manager length and depth detail for the building modulation in accordance with KCC 2 I A.14.090 prior to building permit approval. 3. The Applicant shall be required to submit to the Current Planning Project Manager sizing detail for the refuse and recyclable deposit areas prior to building permit approval. Additionally, the Applicant would be required to demonstrate how refuse and recyclables would be picked up SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-20 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 and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager 4. The Applicant shall be required to submit a detailed landscape plan demonstrating compliance with KCC 21 A.16.070 for parking area square footage landscaping. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The Applicant shall provide an independent review of the submitted geotechnical report and the geologic hazard report prior to construction permit approval. The independent analysis shall be paid at the Applicant's expense, and the Administrator shall select the third-party review professional. Additionally, the drainage report may have to be updated based on the results of the secondary review of the geotechnical report and geologic hazard report. If the independent review determines the re-grading of the site likely result in harm to the public health, welfare or safety, the Critical Areas Exemption shall be denied. 6. The Applicant shall be required to submit a tree retention plan in compliance with KCC 16.82.156 Significant Trees. The tree retention plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The Applicant shall be required to submit a revised drainage plan depicting a five-foot separation between all stormwater structures and property lines. The revised drainage plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. 8. The Applicant shall be required to record the necessary covenants or declarations ofrestrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. DATED this 22"d day of April, 2014. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-l !O(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 SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADWSTMENT-21 I 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 for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l lO(E)(8) and RMC 4-8-100(0)(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-?1h floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program ofrevaluation. SITE PLAN, CRITICAL AREAS EXEMPTION, STREET MODIFICATION, AND LOT LINE ADJUSTMENT-22 Cynthia Moya From: Sent: To: Phil Olbrechts <olbrechtslaw@gmail.com> Wednesday, April 23, 2014 1:25 PM Cynthia Moya Subject: RE: Renton -Vantage Poing Decision The two people who signed he sign in sheet are as follows: Cecelia Miller, 18100 107th Pl SE No. 39, Renton. Alice Hill, 18100 107'h Pl SE No. 29, Renton. From: Cynthia Moya [mailto:CMoya@Rentonwa.gov] Sent: Wednesday, April 23, 2014 10:06 AM To: Phil Olbrechts Subject: Renton -Vantage Poing Decision Phil, Roca le was thinking that you took the sign in sheet from the hearing. If so, can you scan and send to me so I can send out the decision? Thank you, Cindy Moya, Records Management Specialist City of Renton -Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 ---.~ '/ r f r "', ' ; :.. J~,1 " 1 Cynthia Moya From: Sent: To: Subject: Attachments: Bonnie Walton Wednesday, April 23, 2014 8:00 AM Cynthia Moya FW: Vantage Point Decision Renton Vantage Point Site Plan LLA CAE and Street Modification v3.pdf From: Phil Olbrechts [mailto:olbrechtslaw@gmaiLcom] Sent: Tuesday, April 22, 2014 10:00 PM To: Bonnie Walton; Rocale nmmons; Jennifer T. Henning; Chip Vincent Subject: Vantage Point Decision Enjoy! 1 Denis Law Mayor April 16, 2014 Bruce Blyton Associated Earth Sciences 911 s'h Ave Kirkland, WA 98033 Community and Economic Development Department C. E. "Chip"Vincent, Administrator SUBJECT: Independent Secondary Review -Geotechnical Vantage Point Apartments/ LUA14-000226, SA-H, ECF, MOD Dear Mr. Blyton: We would like Associated Earth Sciences to conduct an independent secondary review of the Geotechnical Engineering and Geotechnical Hazard Reports, prepared by GeoDesign, Inc. (dated February 18, and February 27, 2013 respectively), for the Vantage Point Apartments. There are concerns regarding the potential for instability if water seepage is allowed on the slope both during and after construction. Additionally, the reports mention that the discharge of groundwater along the slopes and excessive groundwater levels near the slopes could cause a reduction in slope stability. Additionally the scope of services did not include any environmental assessment or evaluation regarding the presence or absence of wetlands or hazardous or toxic material in the soil, surface water, groundwater, air, and on or below or around the site. We would like the scope of your independent review to: • Evaluate demonstration of compliance with King County Code Critical Area Regulations (KCC 21A.24); • Evaluate the effectiveness of proposed mitigating measures for impacts; and • Provide alternative mitigation measures for proposed impacts as necessary. As this review would be paid for by the applicant please forward an estimate and scope of work to my attention prior to performing your review. All subsequent comments can be forwarded to my attention in addition to the applicant. Feel free to contact me at (425) 430-7219 if you have any questions. Thank you. Sincerely, • ~~~ Senior Planner cc: Owner(s) Applicant Attachments Renton City Hall• 1055 South Grady Way• Renton,Washington 98057 • rentonwa.gov CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 4, 2014 To: City Clerk's Office From: Lisa M. Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Vantage Point Apartments LUA (file) Number: LUA-14-000226 Cross-References: AKA's: Vantage Glen, Vantage Point, Vantage Point Apartments Project Manager: Rocale Timmons Acceptance Date: March 3, 2014 Applicant: Tim Locke, King County Housing Authority Owner: King County Housing Authority Contact: Anna Nelsen, Van Ness, Feldman, GordonDerr PID Number: 3223059362 ERC Determination: DNS Date: February 27, 2014 Anneal Period Ends: March 23. 2014 Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: April 8, 2014 Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: KCHA is requesting HEX Site Plan Review, Lot Line Adjustment, Critical Area Exemption, and a street modification for the construction of a 4-story building containing 77 senior assisted living apartments. The vacant 5.02 acre site is within the RMF & RMH zones. The applicant, King County Housing Authority, has taken lead agency for SEPA review. The applicant is orooosino to reorade annroximatelv 8.858 sauare feet of critical slooes Location: South & West of SE180th St & 105th Pl SE Comments: SEPA review led by King County Housing Authority. ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. PLAN REVIEW COMMENTS (LUA14-000226) PLAN ADDRESS: DESCRIPTION: APPLICATION DATE: 02/21/2014 The applicant is requesting Hearing Examiner Site Plan Review, Lot Line Adjustment, Critical Area Exemption, and a street modification for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. Development would primarily occur within the RMF zoned parcel while limited grading would occur on the RMH zoned Native Growth Protection Tract which contains critical slopes and a small wetland. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. An approved short plat (LUAOB-137) vest the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning designation standards. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. A comment/appeal period ends on March 13, 2014. A street modification, from RMC 4-6-060, is being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, no parking, and a 10-foot wide planting strip. A total of 60 parking spaces would be provided within surface and structured parking areas on site. The applicant is proposing to regrade approximately 8,658 square feet of critical slopes. KCC 21A.24.310.D.2 allows regrading within steep slopes through an alteration process. However, the City of Renton does not have an alteration process and the request to alter the steep slopes on site will be reviewed through a requested Critical Area Exemption. A street modification, from RMC 4-6-060, is also being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, and no parking, and a 10-foot wide planting strip. Finally, the applicant is requesting a Lot Line adjustment to revise the Native Growth Protection Tract (Tract C-2) in order to reflect a recent survey of critical areas on site and proposed regrading of critical slopes. Community Services Review Leslie BeUach Ph: 425-430-6619 email: LBetlach@rentonwa.gov Street trees shall be a minimum distance of 40 feet from entryways and 30 feet from street lights. Engineering Review April 04, 2014 Recommendations: 2. Space 50-feet on-center. On 150 Place SE use Blue Ash (Fraxinus Quadrangu!ata) instead of Redmond Linden (R. Linden ok on SE 180th). Planting strip-no shrubs within 40 feet of entryways only ground covers. Recommendations: 1. Ordinance 5670 applies for Parks Impact Mitigation fees. Rohini Nalr Ph: 425-430-7298 email: rnair@rentonwa.gov Recommendations: I have completed a preliminary review for the above-referenced4-story multi-family building containing 77 senior assisted living apartment units. The following comments are based on the application submittal made to the City of Renton by the applicant EXISTING CONDITIONS WATER: The site is located in the Soos Creek Water and Sewer District service area. SEWER: The site is located in the Soos Creek Water and Sewer District service area STORM: There is existing storm pipe on SE 180th Street and on 105th Place SE. STREETS: Both SE18oth Street and 105th Place SE are Commercial Mixed Use & Industrial Access Streets. CODE REQUIREMENTS Water 1. A water availability certificate from Soos Creek Water and Sewer District has been provided. 2. Fire hydrants shall be installed per Renton's fire department standards. 3. ApproYed water plans shall be submitted to the City during the utility construction permit stage. Sanitary Sewer 1. A sewer availability certificate from Soos Creek Water and Sewer District has been provided. 2. Approved sewer plans shall be submitted to the City during the utility construction permit stage. Stormwater 1. The Surface Water System development fee for 2014 is $0.491 per square feet of new impervious surface, but not less than $1,228.00. Fee is payable prior to issuance of the construction permit. 2. A drainage report (TIR) prepared by KPFF Consulting Engineers was submitted with the land use application. The project is vested to King County standards. The drainage report was based on the 2009 King County Surface Water Drainage Manual. Based on the City's flow control map, this site falls within the Flow Control Duration Standard (Forested Conditions) and the information is included in the report. The drainage report included the review of the CORE Requirements. The report mentions that special requirements are not applicable to the site. A detention pond is proposed for the project. The report also mentions that enhanced water quality is applicable on the project. Rain gardens are proposed for the project. The final drainage plan and drainage report is to be submitted with the utility construction permit. Alt stormwater requirements as per the Drainage Manual are required to be proYided by the project. Minimum 5 feet separation is required between stormwater structures including rain garden and the property tine. Required separation is to be provided between stormwater pipe and other utilities. 3 A geotech report prepared by Geo Design has been submitted with the land use application. The report mentions that Page 1 of 4 Technical Services April 04, 2014 stormwater infiltration w1 across the site due to the variability of the fine-grained alluv1 ... underlying the surficial fill material. A Geologic Hazard report update prepared by Geo Design was also submitted. The report mentions that the geologic hazard areas on the property are stable and no landslides or slope failures were mapped or observed. A secondary review of the geotech report and the geologic hazard report is required. The drainage report may have to be updated based on the results of the secondary review of the geotech report and geologic hazard report. 4 A Construction Stormwater General Permit from Department of Ecology is required if grading and clearing of any project site exceeds one acre. This project site is more than 1 acre and triggers the Department of Ecology Construction Stormwater General Permit. Transportation 1 The project proposes a 77 unit affordable rental housing development. Payment of transportation impact fee is applicable on the constructlon of the building at the time of issuance of the building permit. The current rate of transportation impact fee is $953.25 per dwelling for apartments. The impact fee is subject to increase. The transportation impact fee that is current at the time of building permit will be applicable. 2. Street lighting analysis is proposed by the developer on SE 180th Street and South 105th Place SE. Street lighting details will be reviewed with the Utility construction permit. 3 The traffic study conducted by RH2 Engineers has been submitted with the land use application. The traffic study mentions that the proposed development is estimated to generate 24 weekday PM peak hour trips and 31 weekday AM peak hour trips. The traffic study mentions that the trips from the proposed development will not have a significant impact on traffic in the adjacent streets. 4. The site gains access to the public street system via driveways from SE 180th Street and 105th Place SE. A drop off drive at the bend in the street is also proposed. Site access driveways must meet the minimum access needs for Fire Department and follow the driveway standards. The fire lane must meet the requirements of the fire department. 5. Both SE 180th Street and 105th Place SE are Commercial -Mixed Use & Industrial Access streets. The existing right of way (ROW) width is 60 feet. The project proposes the dedication of 4.5 feet of right of way in the site frontage on both SE 180th Street and 105th Place SE. The applicant had submitted a street modification request to modify elements of the code. Street frontage improvements including 18ft half street paved width, gutter, 0.5 feet wide curb, 6 feet wide sidewalk, and space back of sidewalk (for maintenance) are required to be provided by the project. The existing 'No Parking' signs in the frontage can remain currently. However, the No Parking is subject to any possible revision in the future as found necessary by the City Transportation Department. 6. Fixed objects that may be currently situated in the location of the proposed access must be relocated, after obtaining owner approval. General Comments 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shaU conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. All electrical, phone, and cable services and lines serving the proposed development must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector prior to recording the plat. 3. 1/v'hen utility plans are complete, please submit three (3} copies of the drawings, two (2) copies of the drainage report, permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. 4. Separate building permit is required for any walls exceeding 4 feet in height Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Recommendations: Note the City of Renton land use action number and land record number, LUA14..Q00226 and LND-30-0360, respectively, on the final 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 North quarter corner of Section 32 is City of Renton Mon# 1866. The dedication of right of way requires a separate Deed of Dedication; provide a space to the recording number of same on the Lot Line Adjustment. The Deed of Dedication document includes both a legal description exhibit and a map exhibit of the dedicated parcel. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated Plat Certificate dated within 45 days of approval of said dedication. Talk to the Project Manager if there are questions or further information is needed. On the final submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the lot line adjustment. These items are provided only for preliminary approval. The City of Renton "APPROVALS' block is signed by the City of Renton Administrator, Department of Community and Economic Development Include a declaration block on the drawing, titled "0\1\JNERS' DECLARATION". This document is a Survey of Record and is recorded as such; unlike a Plat which Is a simultaneous conveyance. Note that if there are easements, restrictive COYenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. Page 2 of 4 Fire Review -Buildlng Police Review April 04, 2014 Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.go11 Recommendations: Environmental Impact Comments: Fire impact fees are currently applicable at the rate of $388.00 per multi-family unit. This fee is paid at time of building permit issuance. Code Related Comments: The preliminary fire flow is 2,500 gpm. A minimum of three hydrants is required. One within 150-feet and two within 300 -feet of the proposed building. A looped fire main is required around the building if the fire flow exceeds 2,500 gpm. There appears to be one existing hydrant that could be used to satisfy these requirements. Water is pro11ide by Soos Creek Water District, a water availability certificate is required to be provided. 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Ory standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser rooms. Fully addressable and full detection is required for all fire alarm systems. 3. Fire department apparatus access roadways are required within 150-feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet dear width, fully paved, maximum grade on roadways is 15%. Roadways shall support a minimum of a 30-ton vehicle and 322-psi point loading. Gates on fire access roads shall comply with fire department standards including full automation and equipped with radio frequency automatic opener. Bollards are not allowed. 4. An electronic site plan is required prior to occupancy for pre-fire planning purposes. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher and car width shall be a minimum of SO-inches wide with a center opening door. 6. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov Recommendations: 14-000226 -Vantage Point Apartments (KCHA) Location: SE 180th Street & 105th Place SE Estimated CFS Annually: 64 CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site will need security lighting, and any construction trailer or storage area should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is pri11ate property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty deadbolts with a minimum 1-1/2" throw when bolted. Glass windows in construction trailers should be shatter-resistant. Toolboxes and storage containers should be secured with heavy-duty padlocks and kept locked when not in use. "No Trespassing· signs should be posted on the property during the construction phase. These signs will aid police in making contacts with unwanted individuals on the property if they are observed vandalizing or stealing building materials. COMPLETED COMPLEX Each residential unit should have solid core doors, preferably metal or solid wood, with peepholes. The doors should have heavy-duty deadbolt locks with a minimum 1-Y:i' throw and installed with 3" wood screws. Any external storage areas should also have solid wood or metal doors, with deadbolts and latch guards installed. Sliding windows and glass patio doors, should have secondary security devices installed to restrict movement. Dowels should be provided for all lower floor windows and sliding glass doors. Alarm systems are recommended for each residential unit. Any stairways at the complex should be constructed of lattice, wood or metal railing so that visibility is possible through them. There should not be solid walls in any stairway that would limit visibility up and down the stairs, or provide a place for a criminal to hide while waiting for someone to target. Balcony construction should also be of lattice or railing -no solid walls, for the same reason. Security lighting should be installed along sidewalks, in stairways, foyers and pathways. Each residential unit should have individual unit numbers dearly posted with numbers at least 6" in height and of a color contrasting with the building. Unit numbers should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. Underground parking garage should have limited access gate, controlled via fob or access cad. This area of Renton is extremely isolated following commuter hours, and theft from motor vehicle and auto theft are common. It's not uncommon for senior housing residents to not use their vehicles frequently, so they may not even notice their vehicle is either missing or had been broken into, which is why I would recommend surveillance cameras be installed in this structure. It adds an extra element of protection in an area that's vulnerable to theft. Latch guards should be installed on any and all doors leading from the outside in. It's not uncommon for offices and community rooms to be targeted for their electronics, so it's especially important these areas be protected. I recommend surveillance cameras be installed in this areas as they are 11ulnerable to theft. Any separate resident storage units should have latch guards and deadbolts installed. Dumpster locations should be secured Page 3 of 4 April 04, 2014 within their own housing well lit. If possible, creating a dumpster location that can bes _;ed for resident's use, but accessible for waste management is recommended. landscaping should be installed with the objective of allowing visibility: not too dense or too high. Too much landscaping will make residents feel isolated, and will provide criminals with concealment to commit crimes such as burglary and vandalism. Page 4 of 4 DEPARTMENT OF COMM' ·-·1TY AND ECONOMIC DEVELO,· ... ENT REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: April 1, 2014 Project Name: Vantage Point Apartments Owner/Applicant: Tim Locke, King County Housing Authority; 600 Andover Park West; Tukwila, WA 98188 Contact: Van Ness, Feldman, GordonDerr; 719 2°• Ave, Suite 1150; Seattle, WA, 98104 File Number: LUA14-000226, LLA, SA-H, MOD, CAE Project Manager: Roca le Timmons; Senior Planner Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, Lot Line Adjustment, Critical Area Exemption, and a street modification for the construction of a 4-story multi- family building containing 77 senior assisted living apartment units. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications on the southwest corner of SE 180th St and 105th Pl SW. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. An approved short plat (LUA08-137) vested the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. A street modification from RMC 4-6-060 is being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, no parking, and a 10-foot wide planting strip. A total of 60 parking spaces would be provided within surface and structured parking areas on site. The applicant is proposing to regrade approximately 8,858 square feet of critical slopes. KCC 21A.24.310.D.2 allows regrading within steep slopes through an alteration process. However, the City of Renton does not have an alteration process and the · request to alter the steep slopes on site will be reviewed through a requested Critical Area Exemption. Finally, the applicant is requesting a Lot Line Adjustment to revise the Native Growth Protection Tract (Tract C-2) in order to reflect a recent survey of critical areas on site and proposed regrading of critical slopes. Project Location: South & West of SE 1801 h St & 105th Pl SE Site Area: 218,644 SF (5.02 ac) Project Location Map HEX Report City of Renton Department of Comr VANTAGE POINT APARTMENTS y & Economic Development earing Examiner Recommendation LUA14-00DZZ6, SA-H, LLA, MOD, CAE Report of April 1, 2014 . Page 2 of 16 B. EXHIBITS: If the exhibit is more than five pages the first page is included as an attachment to the report and the full exhibit can be made available upon request. Exhibit 1: Hearing Examiner Recommendation Report Exhibit 2: Site Plan Exhibit 3: Landscape Plan Exhibit 4: Neighborhood Detail Map Exhibit 5: Elevation Aerial Views Exhibit 6: King County Housing Authority SEPA Determination Exhibit 7: Drainage Report Exhibit 8: Proof of Notice of Application Mailing Exhibit 9: Aerial Photograph Exhibit 10: Traffic Memorandum Exhibit 11: Vantage Glen Short Plat Report & Decision (LUA08-137) Exhibit 12: Vested King County Code Sections 16.82, 21A.08, 21A.12, 21A.14, 21A.16, 21A.18, 21A.24 Exhibit 13: Geotechnical Report and Geologic Hazard Report Exhibit 14: Recorded Vantage Glen Short Plat Exhibit 15: Wetland Report I C. GENERAL INFORMATION: 1. Owner(s) of Record: King County Housing Authority 600 Andover Park West Tukwila, WA 98188 2. Zoning Designation: Residential -Manufactured (RMH) and Residential - Multi-Family (RMF) 3. Comprehensive Plan Land Use Designation: Residential Multi Family (RMF) 4. Existing Site Use: Vacant 5. Neighborhood Characteristics: a. North: b. East: C. South: d. West: 6. Site Area: Residential Multi-Family, Fred Meyer, and Mixed Retail {CA zone) Manufactured Home Park-Vantage Glen (RMH) Manufactured Home Park-Vantage Glen (RMH) Manufactured Home Park-Vantage Glen (RMH) 218,644 SF (5.02 ac) i 0. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning HEX Report Land Use File No. N/A N/A Ordinance No. 5099 5100 11/01/04 11/01/04 City of Renton Department of Comm · -'ty & Economic Development VANTAGE POINT APARTMENTS Report of April l, 2014 Annexation Vantage Glen Short Plat I E. PUBLIC SERVICES: 1. Existing Utilities N/A LUA08-137 5327 N/A Hearing Examiner Recommendation U4-000226, SA-H, LLA, MOD, CAE Page 3 of 16 03/1/2008 10/17/2007 a. Water: The site is located in the Soos Creek Water and Sewer District service area b. Sewer: The site is located in the Soos Creek Water and Sewer District service area c. Surface/Storm Water: There is existing storm pipe in SE 180'h St and in 105th Place SE. 2. Streets: There are partial street frontage improvements along SE 180'h St and 105th Place SE are classified as Commercial Mixed Use & industrial Access streets. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE KING COUNTY AND RENTON MUNICPAL CODE: 1. KCC Title 16 Building and Construction Standards a. Chapter 16.82: Clearing and Grading 2. KCC Title 21.A Zoning a. Chapter 21A.08: Permitted Uses b. Chapter 21A.12: Development Standards-Density and Dimensions c. Chapter 21A.14: Development Standards -Design Requirements d. Chapter 21A.16: Development Standards -Landscaping and Water use e. Chapter 21A.18: Development Standards -Parking and Circulation f. Chapter 21A.24: Critical Areas 3. RMC Title 4 Development Regulations a. Section 4-6-060: Street Standards b. Section 4-9-200: Site Plan Review I G. FINDINGS OF FACT: 1. The applicant, the King County Housing Authority, is requesting a Lot Line Adjustment, Hearing Examiner Site Plan Review, street modifcation, and a critical area exemption for the construction of a 4- story multi-family building containing 77 senior assisted living apartment units associated parking, landscaping, and infrastructure improvements. 2. The Planning Division of the City of Renton accepted the above master application for review on February 21, 2014 and determined complete on March 3, 2014. The project complies with the 120-day review period. 3. The subject site is located to the west of 108th Avenue SE, a principal arterial also known as State Route 515, and south/southwest of SE 180th Street/105th Place SE (Exhibit 4). 4. The site includes two adjoining undeveloped parcels to the north and east of existing devleopments. The two parcels form an "L" shape approximately 5 acres in size. The primary lot (Lot 2) which fronts onto the public streets is a cleared grass covered, relatively flat site of approximately 3.3 acres. Tract C- 2 contains approximately 1.7 acres which wrap around the eastern and southern boundaries of Lot 2. HEX Report City of Renton Department of Comm"1ity & Economic Development VANTAGE POINT APARTMENTS Report of April l, 2014 Hearing Examiner Recommendation U4-000226, SA-H, LLA, MOD, CAE Page 4 of 16 5. The site is located on a slope that ascends gradually upwards from SE 1801 h St and 105th Place SE to a ridge that generally defines the western and southern boundary between the undeveloped parcel and critical area tract (Tract C-2). 6. The existing Vantage Glen community, to the south of the subject site, consists of single-family manufactured homes and a community center. 7, The site is located within a High Erosion Hazard area and an unclassified Landslide Hazard Area. Protected slopes, which exceed a 40 percent grade, are also located on site. 8. The site steep slopes are located within Tract C-2. The northwest edge of the tract also contains a 550 square foot Category IV wetland, as classified by the King County Code. 9. The property is located within the Residential Multi-Family (RMF) and Residential Manufactured Home (RMH) zoning classifications. 10. Development would primarily occur within the RMF zoned parcel while limited grading would occur on the RMH zoned Native Growth Protection Tract (Tract C-2) which contains critical slopes and the small wetland. 11. The 77 units (72 one-bedroom and 5 two bedroom units) would be used for low-income, affordable senior assisted living housing. 12. An application for the Vantage Glen Short Plat was submitted to King County Department of Development and Environmental Services (KC DDES) for review on October 17, 2007. Before the application could be reviewed and a decision issued, the subject property was annexed to the City of Renton as part of the Benson Hill Annexation (Ordinance #5327) on March 1, 2008. 13. The short plat, vested to King County Code, was approved by the City on May 12, 2009 (Exhibits 11 and 14). 14. The approved short plat (LUAOS-137) vests the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning development standards in place at the time of Short Plat application (Exhibit 12). 15. The proposed development includes an apartment building with two four story wings connected by a central common space. The north wing has one level of structured parking, underground, and the partially underground first floor of the south wing is mostly parking (Exhibit 5). 16. There are two surface parking areas, one associated with the north building and the other with the south wing. The applicant is proposing a total of 60 parking stalls. 17. The proposal includes re-grading of the steep slope areas on the site, as allowed by the vested King County Code (KCC21A.24.310.D.2) through a Critical Area Alteration. The City does not have a Critical Area Alteration process. Alternatively, the applicant is requesting a Critical Area Exemption (also a Tier I permit) to re-grade within the steep slopes. The existing steep slope area currently totals 51,851 square feet. The applicant is proposing to grade in the amount of approximately 8,858 square feet. 18. The applicant is also requesting a Lot Line Adjustment in order to revise the lot/tract boundary according the requested Critical Area Exemption to grade in the amount of approximately 8,858 square feet. 19. A street modification is requested from RMC 4-6-060 Street Standards in order to maintain and extend the existing improvements (18-foot wide travel lane, 6-foot wide sidewalk, and no parking) and place a 10-foot planter behind the sidewalk within the right-of-way. 20. Construction is expected to occur in May of 2014. HEX Report City of Renton Department of Comm,,-;ty & Economic Development VANTAGE POINT APARTMENTS Hear;ng Examiner Recommendation A14-000ll6, SA-H, LLA, MOO, CAE Page 5 of 16 Report of April 1, 2014 21. On February 27, 2014, the King County Housing Authority, SEPA lead agency, issued a Determination of Non-Significance for the Vantage Point Apartments (Exhibit 6). A 14-day combined comment and appeal period commenced on March 13, 2014 and ended on March 23, 2014. No appeals of the threshold determination were filed. 22. No public or agency comments have been received on the subject proposal. 23. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 24. The proposal requires Site Plan Review. The following table contains project elements in.tended to comply with Site Plan Review decision criteria, as outlined in RMC 4-9-200.E: · SITE PLAN REVIEW CRITERIA: a. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY: The proposal is compliant with the following King County Comprehensive Plan policies. Policy U-140. Multifamily residential development should provide common and private ~ open space; variation in facades and other building design features that may include varying window treatments, building colors and materials; and light fixtures that will give a residential scale and identity to multifamily development . . Policy U-143. Common facilities such as recreation space, internal walkways that provide ~ convenient and safe inter-and intra-connectivity, roads, parking, and solid waste and recycling areas should be included in multifamily developments .. Policy U-301. King County shall work with cities, the private sector, other public agencies such as the Housing Authorities, and the non-profit sector, to encourage a wide range of housing within the Urban Growth Area that: a. Provides housing choices for people of all income levels located in areas with existing or planned transportation networks including those that make it safe and convenient to walk, ~ bicycle, and take public transportation to work and other key destinations; b. Meets the needs of our diverse population; c. Supports economic growth; and d. Ensures an equitable and rational distribution of low-income and affordable housing throughout the county. Policy U-366. King County should help in site planning that: a. Supports the siting of community facilities and assisted publicly funded affordable housing in locations where low-and moderate-income residents and persons with special needs ~ have convenient access to a variety of opportunities and services; b. Uses opportunity mapping; and c. Promotes fair housing and diverse communities that are inclusive of residents with a range of abilities, ages, races, incomes and other diverse characteristics of the population of King County. b. ZONING COMPLIANCE AND CONISTENCY: The subject site is primarily classified as Residential-Multi-Family {RMF} on the City of Renton Zoning HEX Report City of Renton Department of Cammu1ity & Economic Development VANTAGE POINT APARTMENTS Report of April l, 2014 Hearing Examiner Recommendation U4-000226, SA-H, LLA, MOD, CAE Page 6 of 16 Map. However, the proposal is vested to the King County Code and therefore subject to the King County's R-12 zoning designation development standards. KCC 21.A provides development standards for development within the R-12 zoning classification for which the project is vested (Exhibit 12). Pursuant to KCC21.A.08 Senior Citizen Assisted Living uses are outright permitted within the KC R-12 zoning classification. The following development standards are applicable the proposal: Density: K.C.C. 21A.12.030 contain general density standards for the various zones and limitations specific too particular zone(s}. The minimum density for the subject site is a based on a calculation of the total site area of the Vantage Glen Short Plat (Exhibit 11) and is further noted in Note 21 recorded on the face of the short plat (Exhibit 14). The area within the short plat would be required to be developed with a minimum of 257 units on a site wide basis including a minimum of 48 multi-family units for the subject site (Lot 2 of the Vantage Glen Short Plat). The maximum density for the subject site is limited to 90 dwelling units. The proposal for 77 units complies with the density requirements of the zone. Lot Dimensions: Pursuant to KCC 21.A.12 there is a 30-foot minimum lot width requirement. There are no other minimum lot size or depth requirements in the R12 zone. The proposed lot line adjustment would comply with the lot dimension requirements of the King County Code. Setbacks: Pursuant to KCC 21A.12 the R-12 zoning designation requires a minimum street setback of 10 feet to the building. The minimum side yard setback is 5 feet. There are no minimum rear yard setbacks in the R-12 zone. The following table contains setbacks, at the closest point, for the proposed structure: Front Yard Setback Side Yard Setback 22 feet and 3-inches Approximately 165 feet The proposal complies with the setback requirements of the zone. Building Standards: Pursuant to KCC 21A.12 building height is restricted to 60 feet. The allowed impervious surface coverage is 85 percent. The height of the proposed structure would be 51 feet and O inches in height at the highest point. The proposed impervious area of the site would be 99,799 square feet, on the 214,900 square foot project site (after street dedications), resulting in an impervious cover of 46.4 percent. The proposal complies with the impervious cover requirements of the zone. The proposed building would have a gross area of approximately 99,087 square feet and building footprint of 27,597 square feet resulting in a building lot coverage of approximately 12.8 percent. Landscaping: Pursuant to KCC 21A.16.050 10 feet of Type Ill landscaping shall be provided for a commercial or attached/group residence development. Type Ill landscaping shall minimally consist of: A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced to create a continuous canopy; at least 70 percent deciduous trees; trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet apart on center; shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than 8 feet apart on center. A conceptual landscape plan was submitted with the project application (Exhibit 3). The landscape plan includes a diverse planting plan; the proposed tree species largely consist of redpoint maple, Redmond linden, Vanessa ironwood, vine maple, Autumn brilliance serviceberry, red cascade ash, western red cedar, shore pine, arborvitae, and Scotch sentinel trees. The shrubs proposed largely HEX Report City of Renton Deportment of Comm1·1ity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 Hearing Examiner Recommendation A14-000ZZ6, SA-H, LLA, MOD, CAE Page 7 of 16 consist of: Siberian dogwood, dwarf artic willow, strawberry bush, Kelsey dogwood, white pavement rose, dwarf abelia, Mt. Vernon laurel, evergreen huckleberry, and dwarf white rose. The landscaping is used to provide transitions between the proposed development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project. The landscaping softens the appearance of parking areas, and helps to define and enhance open spaces, and generally works to enhance the appearance of the project. However, it is unclear if the proposed landscape plan complies with spacing requirements of KCC 21A.16. In order to ensure consistency with the landscaping spacing requirements, staff recommends as a condition of approval, the applicant be required to submit a detailed landscape plan demonstrating compliance with KCC 21A.16.050 for landscape spacing. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Building Fa~ade Modulation: Pursuant to KCC 21A.14 apartment and all group residences shall provide building facade modulation on facades exceeding 60 feet. The maximum wall length without modulation shall be 30 feet; and the sum of the modulation depth and the modulation width shall be no less than eight feet. Neither the modulation depth nor the modulation width shall be less than two feet. The proposal includes a variety of building articulation and modulation in order to break down the scale and massing of the structure. It appears the proposal complies with the modulation requirements of the King County Code. However, staff was unable to verify compliance with modulation specifications listed in code. In order to ensure consistency with the requirements staff recommends, as a condition of approval, the applicant be required to submit to the Current Planning Project Manager length and depth detail for the building modulation in accordance with KCC 21A.14.090 prior to building permit approval. Recreation: Pursuant to KCC 21A.14.180 apartments and townhouses are required to provide recreation space for studio and one bedrooms at 90 square feet per unit and 170 square feet per unit for two bedrooms. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multipurpose entertainment and education areas. The proposed facility would require a 7,330 square foot of recreation area for the 77 unit facility (7,330 SF= [72 x 90 SF]+ [5 x 170 SF]). Proposed recreation space would include interior community spaces, decks, patios, and other outdoor recreation areas resulting in a total of 13,330 square feet of area. The proposal complies with the requirements of the King County Code. Refuse and Recyclables: KCC 21A.14.210 for multi-family developments a minimum of 1 >, square feet per dwelling unit is required for refuse deposit areas. Additionally, at least one deposit area/collection point for every 30 dwelling units is required. The proposed facility would require a 116 square foot deposit area for the 77 unit proposal. The applicant is proposing to locate refuse and recycle utility areas within the building at three different locations. However, square footage of designated refuse and recyclable areas were not submitted with the land use application. In order to ensure consistency with the square footage requirements staff recommends, as a condition of approval, the applicant be required to submit to the Current Planning Project Manager sizing detail for the refuse and recyclable deposit areas prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. HEX Report City of Renton Department of Comm··-ity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 Hearing Examiner Recommendation U4-000226, SA-H, LLA, MOD, CAE Page 8 of 16 Parking: Pursuant to KCC 21A.18.030, require o specific number of off-street parking stalls be providecf based on the number of units. The following ratios would be applicable to the site: Use tt. of Units Ratio Reguired Spaces Assisted Senior Living 77 1 / two dwelling 39 Residential Units units Based on the use, 39 parking spaces would be required in order to meet code. The applicant proposed to provide a total of 60 spaces. The parking conforms to the minimum requirements for drive aisle and parking stall dimensions and the provision of ADA accessible parking stalls pursuant to KCC 21A.18.110. Pursuant to KCC 21A16.070 Parking area landscaping shall be provided within surface parking areas with ten or more parking stalls for the purpose of improving air quality, reducing surface water runoff, providing shade and diminishing the visual impacts of large paved areas. Residential developments with common parking areas shall provide planting areas at the rote of 20 square feet per parking stall. Trees shall be provided and distributed throughout the parking area at a rote of one tree for every five parking stalls for residential or institutional development. Landscaping square footage for parking areas was not submitted with the land use application. In order to ensure consistency with the parking area square footage and planting rate requirements staff recommends, as a condition of approval, the applicant be required to submit a detailed landscape plan demonstrating compliance with KCC 21A.16.070 for parking area square footage landscaping. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Critical Areas: The site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The slope gradients on site vary from 40 percent to approximately 60 percent with a change in elevation from 30-45 feet. The slopes on site meet the definition for steep slope geologic hazard areas as defined by KCC 21.A.24. The existing steep slope area currently totals 51,851 square feet. The applicant is proposing grading within the steep slope approximately 8,858 square feet and would occur in the upper zone of the steep slope area. The applicant provided a geotechnical report, prepared by GEODesign, Inc., on February 18, 2014 in addition to a Geologic Hazard Report (Exhibit 13). The reports concluded that the subject site and surrounding parcels have been extensively graded during past aggregate mining activities on the property and that the slopes were created as a result of mining activity. Re-grading of the steep slope areas is allowed by the vested King County Code (KCC21A.24.310.D.2) through a Critical Area Alternation. The City does not have a Critical Area Alteration process. Alternatively, the applicant is requesting a Critical Area Exemption (also a Tier I permit) to re-grade within the steep slopes. The provided geotechnical report states that proposed re-grading of the site would not increase the existing slope inclinations in excess of SO-percent and would not adversely impact the slope stability of the site. The proposed regrading is also not anticipated to impact the slope stability on adjacent properties of the Steep Slope Hazard Areas. The report recommends that slopes should be graded to drain back from the top of slopes. The main considerations noted in the geotechnical reports include the existence of moisture sensitive clay soils, anticipated water seepage, the height of proposed cuts, the presence of a weathered and fractured upper soil zone and associated risk of shallow soil movements. There is concern regarding the potential for instability if water seepage is allowed on the slope both during and after HEX Report City of Renton Department of Comm"-ity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 Hearing Examiner Recommendation U4-000ZZ6, SA·H, LLA, MOD, CAE Page 9 of 16 construction. Additionally, the reports mention that the discharge of groundwater along the slopes and excessive groundwater levels near the slopes could cause a reduction in slope stability. Additionally the scope of services did not include any environmental assessment or evaluation regarding the presence or absence of wetlands or hazardous or toxic material in the soil, surface water, groundwater, air, and on or below or around the site. While staff is in support of the requested exemption we are recommending a condition of approval requiring the applicant to provide an independent review of the submitted geotechnical report and the geologic hazard report prior to construction permit approval. The independent analysis shall be paid at the applicant's expense, and the Administrator shall select the third-party review professional. Additionally, the drainage report may have to be updated based on the results of the secondary review of the geotechnical report and geologic hazard report. The applicant also provided a wetland report, prepared by ESA, in January of 2014 {Exhibit 15). One wetland was delineated on the subject property. Westland A is an unmapped palustrine forested wetland located ate the northeast end of 1041 • Ave SE and is approximately 550 square feet in size. The Category IV wetland is located next to the base of the steep slope and requires a 25-foot buffer beyond the top of the slope. There is a break in the steep slope approximately 40-feet upslope from the wetland. Extending the 25-foot wetland buffer from the break in the slope results in a buffer that is slightly larger than SO-feet. There are no impacts proposed to Wetland A and the proposed grading would occur outside of its buffer. c. DESIGN REGULATION COMPLIANCE AND CONISTENCY: The proposal is not located within a King County Design District. d. PLANNED ACTION ORDINANCE AND DEVELOPMENT AGREEMENT COMPLIANCE AND CONISTENCY: There are no planned action ordinances or applicable development agreements for this proposal. e. OFF SITE IMPACTS: Structures: Restricting overscale structures and averconcentration af development on a particular portion of the site. While the proposed multi-family structure is concentrated in one area, the central portion of the site, the scale and bulk would be reduced as viewed from neighboring properties due to the increase in the setbacks {Exhibit 2). The scale and bulk of the building is also attempted to be reduced through the use of differing materials, building articulation and modulation and differing roof profiles {Exhibit 5). Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties. The subject development is proposing to take access via four curb cuts from 105th Place SE and SE 180th St. There is also a proposed drive aisle to rear of the structure which would consists of grasscrete pavement. The access road would provide emergency access to the rear of the building complex as well as for building and site maintenance. The proposal promotes safe and efficient circulation through the proposed access points. The proposed pedestrian circulation system helps to promote a walkable, pedestrian oriented, community and would provide linkages eventually to Benson Drive S and SE Petrovitsky St. The sidewalk connections would be adjacent to landscape areas and would use a variety of paving that would provide variation in the pedestrian experience. The proposed site plan is designed such that vehicles are separated from pedestrian areas. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, ond refuse and recyclables to minimize views from surrounding properties. HEX Report City of Renton Department of Comm -ity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 ''earing Examiner Recommendation A14-000226, SA-H, LLA, MOD, CAE Page 10 of 16 Landscaping has been thoughtfully incorporated into the site plan in order to screen parking areas (Exhibit 3). All mechanical units and refuse and recyclable areas are proposed to be located within the building and would not be visible from the public. Views: Recognizing the public benefit and desirability af maintaining visual accessibility ta attractive natural features. The primary structure is proposed to be sited in the center of the site with an approximate average 80-foot wide natural and mature vegetated buffer to be retained along the western and southern portion of the site within the Critical Area Tract. The proposed building would be visible from off-site areas, and would be prominent on the site due to its height and bulk. Measures proposed to reduce or control aesthetic impacts of the project include architectural design treatments intended to diminish the bulk of the structure, including roofline, modulation and exterior finishes and colors (Exhibit 5). Territorial views to the south enjoyed by the multi-family residential use to the north of the site may be impacted. However, the increase in setback from the northern property line would reduce view impacts anticipated from the proposal. Staff received no comments from adjacent properties regarding views. Landscaping: Using landscaping ta provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project. See Landscaping discussion under Findings Section 24.b. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. A on-site lighting plan was not provided with the application; therefore staff recommends as a condition of approval the applicant be required to provide a lighting plan prior to construction permit approval. f. ON-SITE IMPACTS: Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation. The building has a primary orientation to the northeast. The open space and courtyard areas have been thoughtfully located throuhout the site and are located in areas that allow residents to enjoy territorial views to the south and west. The approximate 80-foot wide natural and mature vegetated buffer to be retained along the western and southern portions of the site would assist in the provision of privacy for the residents of the proposal in addition to increased setbacks from the north and the east. It is anticipated that most of the noise impacts would occur during the construction phase of the project. The applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs. The residential units would be located within one building with two wings. The scale and bulk of the building is primarily reduced through increased setbacks. The scale is also reduced through the use HEX Report City of Renton Department of Comm"oity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 Hearing Examiner Recommendation A14-000226, SA-H, LLA, MOD, CAE Page 11 of 16 of differing materials on the building facades, building articulation and modulation and differing roof profiles. The southern and western setback leaves a largely undisturbed heavily vegetated buffer that exists today. Those residential units which are oriented to the south and west would have the ability to take advantage of sun exposure most times of the year. Many of the pedestrian courtyards and outdoor passive recreation areas have been strategically placed on site in order take advantage of sun exposure from the south and west most times of the year and would likely only be shaded at certain times of the day during the winter months. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces. King County Code 16.82.156 'Significant Trees' requires that significant trees located in the interior of the development proposal, excluding critical areas or their buffers, shall be retained in an apartment or townhouse development at the rate of ten trees per acre or five percent of the trees, whichever is greater (Exhibit 12). The tree retention plan provided does not demonstrate compliance with the tree retention requirements of the King County Code. Therefore, staff recommends as a condition of approval the applicant be required to submit a tree retention plan in compliance with KCC 16.82.156 'Significant Trees'. The tree retention plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant will be required to comply with protection measures for retained trees as set forth in RMC 4-4-130H8 during construction. The site is located within a High Erosion Hazard Area and an unclassified Landslide Hazard Area. The slope gradients on site vary from 40 percent to approximately 60 percent with a change in elevation from 30-45 feet. The slopes on site meet the definition for steep slope geologic hazard areas as defined by KCC 21.A.24. The existing steep slope area currently totals 51,851 square feet. The grading of the steep slope is estimated at 8,858 square feet and would occur in the upper zone of the steep slope area. KCC 21.A.24.200 requires a building setback of 15 feet be established from all critical area buffers (Exhibit 12). The following improvements are allowed within the building setback: landscaping, uncovered decks, building overhangs not more than 18-inches, impervious ground surfaces, and utilities. The applicant is proposing an access drive aisle, sidewalks, and drainage utilities within the required 15-foot setback. The proposal appears to comply with the Critical Area building setback requirements. The proposed impervious area of the site would be 99,799 square feet, on the 214,900 square foot project site (after street dedications), resulting in an impervious cover of 46.4 percent. The proposal complies with the impervious cover requirements of the zone. The proposed building would have a gross area of approximately 99,087 square feet and building footprint of 27,597 square feet resulting in a building lot coverage of approximately 12.8 percent. The proposal complies with the building standards of the zone. On site soil removal would be required. The approximate volume of cut would be 23,000 cubic yards and 1,100 cubic yards of fill will be brought to the site for net 21,900 cubic yards of cut. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. See discussion under Findings Section 14.b, Landscaping g_ ACCESS: HEX Report City of Renton Deportment of Comm"oity & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 Hearing Examiner.Recommendation 1A14-000226, SA-H, LLA, MOD, CAE Page 12 of 16 Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points an the site and, when feasible, with adjacent properties. The site fronts onto 105th Place SE and SE 180'h St and is not served by any side streets. The subject development is proposing to take access via four curb cuts from 105th Place SE and SE 180th St. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways. The subject development is proposing to take access via four curb cuts from 105th Place SE and SE 180th St. There is also a proposed drive aisle to the rear of the structure which would consist of Grasscrete pavement. The access road would provide emergency access to the rear of the building complex as well as for building and site maintenance. The proposal promotes safe and efficient circulation through the proposed access points. The proposed pedestrian circulation system helps to promote a walkable, pedestrian oriented community and would provide linkages eventually to Benson Drive S and SE Petrovitsky St. The sidewalk connections would be landscaped and would use a variety of paving to provide variation in the pedestrian experience. The proposed site plan is designed such that vehicles are separated from pedestrian areas. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas. Not applicable. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access. There are no bicycle parking requirements in King County code. The site is located near King County Metro stops for Bus Routes #155, 161, 169, and 906. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. The applicant is proposing a pedestrian circulation system throughout the project site which connects all opens space and parking areas spaces. The applicant has achieved safe and attractive pedestrian connections throughout the site. h. OPEN SPACE: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. The applicant is proposing a total of 13,330 square feet of courtyards which exceeds the King County recreation requirements. Proposed recreation space would include interior community spaces, decks, patios, and other outdoor recreation areas. The applicant is proposing pedestrian seating throughout the site. This pedestrian plazas and courtyards serve as a distinctive focal point. The plaza and courtyard space is proposed to incorporate hardscape and landscaping to allow for passive recreation activities. i. VIEWS AND PUBLIC ACCESS: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. See View discussion above under Finding 24.e. The public access requirement is not applicable as the site is not adjacent to a shoreline. j. NATURAL SYSTEMS: Arranging project elements to protect existing natural systems where applicable. The primary structure is proposed to be sited in the center of the site with an approximate average 80- foot wide natural and mature vegetated buffer to be retained along the southern and eastern buffers HEX Report City of Renton Deportment of Comm · .;, · & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 within the Critical Area Tract. r 'earing Examiner Recommendation 14-000116, SA-H, LLA, MOD, CAE Page 13 of 16 k. SERVICES AND INFRASTRUCTURE: Making available public services and facilities to accommodate the proposed use. There are adequate services and infrastructure to serve the development if all conditions of approval are complied with. Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; if the applicant provides Code required improvements and fees. A Fire Impact Fee, based on new multi-family units is required in order to mitigate the proposal's potential impacts to City emergency services. The applicant would be required to pay an appropriate Fire Impact Fee. Parks and Recreation: The proposed development is anticipated to impact the Parks and Recreation system. The applicant would be required to pay an appropriate Parks Impact Fee assessed for each multi-family unit. The fee would be used to mitigate the proposal's potential impact to City's Park and Recreation system and is payable to the City as specified by the Renton Municipal Code. Water and Sewer: The site is served by the Soos Creek Water and Sewer District. A water and sewer availability certificate from Soos Creek Water and Sewer District has been provided. The applicant would be required to provide approved water and sewer permits during the utility construction phase. Drainage: The project is required to comply with the 2009 King County Surface Water Design Manual. A drainage report {TIR) prepared by KPFF Consulting Engineers was submitted with the land use application {Exhibit 7). The site would be graded to drain to either catch basins, directly into a storm water swale or rain garden. The catch basins, swale, and rain gardens would connect to an underground infiltration system that would allow the water to infiltrate into the site soils. Storm water from the development would be collected in a series of catchbasins and swales. Target pollution generating surfaces would be treated by on-site rain gardens to receive Enhanced Basic Water Quality treatment. The runoff would then be routed to a detention pond which then outlets to the City owned storm system in 105th Place SE. A final drainage plan and drainage report is to be submitted with the utility construction permit. Please note that the drainage report may be required to be updated based on the results of the secondary review of the geotechnical report and geologic hazard report. It should be noted that a minimum 5-foot separation is required between stormwater structures including a rain garden and the property line. Therefore, staff is recommending as a condition of approval, the applicant be required to submit a revised drainage plan depicting a five-foot separation between all stormwater structures and property lines. The revised drainage plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. The applicable Surface Water System development fee for 2014 is $0.491 per square feet of new i.mpervious surface, but not less than $1,228.00. Fee is payable prior to issuance of the construction permit. Transportation: A traffic memorandum prepared by KPFF, dated November 6, 2013, was submitted with the site plan application and has been reviewed {Exhibit 10). The analysis is acceptable as submitted. The subject development is proposing to take access via four curb cuts from 105'h Place SE and SE 180'h St. The proposal was anticipated to generate 24 weekday PM peak hour trips and 31 weekday AM peak hour trips. The relatively low trips would likely not have a significant impact on traffic flow on the adjacent streets or to and from the arterials. HEX Report City of Renton Department of Comm -•~, & Economic Development VANTAGE POINT APARTMENTS ueadng Examiner Recommendation ,14-000226, SA-H, LIA, MOD, CAE Page 14 of 16 Report of April 1, 2014 In order to mitigate transportation impacts the applicant would be required to pay an appropriate Transportation Impact Fee. The current rate of transportation impact fee is $953.25 per dwelling for apartments. The impact fee is subject to increase. The transportation impact fee that is current at the time of building permit will be applicable and paid at building permit issuance. Both SE 1801h St and 1051h. Place SE are Commercial -Mixed Use & Industrial Access streets with an existing right-of-way width of 60 feet. As per complete streets, a right of way width of 69 feet is required which would require a dedication of approximately 4.5 feet. While the applicant is proposing the required width of dedication they are proposing a modification from the street standards in order to maintain and extend the existing improvements (18-foot wide travel lane, 6-foot wide sidewalk, and no parking) and place a 10-foot planter behind the sidewalk within the right-of-way. Section 4-4-080.F.10.d allows the Administrator to grant modifications from the refuse and recycle standards for individual cases, provided the modification meets the following criteria (pursuant to RMC 4-9-250.D.2): a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and b. Will not be injurious to other property(ies) in the vicinity; and c. Conform ta the intent and purpose of the Code; and d. Can be shown to be justified and required far the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. There is no need for a parking lane along the frontage of the site and the existing curb could continue to be used as the character of the road has been established without the use of parking. Additionally, the applicant is providing 21 more stalls than required by code on site. The applicant is also providing increased widths for landscaping and sidewalk within the right of way. The requested modification meets the objective and safety of the code requirements. The proposed street cross section would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. Therefore, staff is in support of the requested modification. However, the No Parking is subject to possible revision in the future as found necessary by the City Transportation Department. Schools: Per RMC 4-1-160 any form of housing exclusively for the elderly, including nursing homes and retirement centers, are exempt from the application of school impact fees so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development Therefore staff recommends as a condition of approval, the applicant be required to record the necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. I. PHASING: The applicant intends to commence construction in late Spring of 2014. The applicant is not requesting any additional phasing at this time. 25. The applicant is also requesting a Lot Line Adjustment. The following table contains project elements intended to comply with principles of acceptability, as outlined in RMC 4-7-060.B. HEX Report City of Renton Department of Commu-'t · & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 PRINCIPLES OF ACCEPTIBILITY: Hearing Examiner Recommendation 14--000226, SA-H, LLA, MOD, CAE Page 15 of 16 a. Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments. _The applicant is proposing a Lot Line Adjustment in order to adjust the lot line between Lot 2 and Tract C- 2. The original lot line was created in order reflect a survey of the critical areas on the site. The applicant is proposing re-grading within the steep slope approximately 8,858 square feet and this would occur in the upper zone of the steep slope area. The proposed lot line would be based on a delineation of the wetland and its buffer and the regarded steep slope and its required buffer meeting this principle of acceptability. b. Improving: Create better lot design, ar improve access. Not applicable. c. Conforming: Conform to Applicable Zoning. The proposal complies with the applicable King County Zoning regulations (see discussion above under Finding 18.a) therefore meeting this principle of acceptability. I /. RECOMMENDATIONS: Staff recommends approval of the Site Plan, street modification, critical area exemption, and lot line adjustment for the Vantage Point Apartments, as depicted in Exhibit 2, subject to the following conditions: 1. The applicant shall be required to submit a detailed landscape plan demonstrating compliance with KCC 21A.16.050 for landscape spacing. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 2. The applicant shall be required to submit to the Current Planning Project Manager length and depth detail for the building modulation in accordance with KCC 21A.14.090 prior to building permit approval. 3. The applicant shall be required to submit to the Current Planning Project Manager sizing detail for the refuse and recyclable deposit areas prior to building permit approval. Additionally, the applicant would be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager. 4. The applicant shall be required to submit a detailed landscape plan demonstrating compliance with KCC 21A.16.070 for parking area square footage landscaping. The detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The applicant shall provide an independent review of the submitted geotechnical report and the geologic hazard report prior to construction permit approval. The independent analysis shall be paid at the applicant's expense, and the Administrator shall select the third-party review professional. Additionally, the drainage report may have to be updated based on the results of the secondary review of the geotechnical report and geologic hazard report. 6. The applicant shall be required to submit a tree retention plan in compliance with KCC 16.82.156 Significant Trees. The tree retention plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The applicant shall be required to submit a revised drainage plan depicting a five-foot separation between all storm water structures and property lines. The revised drainage plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. HEX Report City of Renton Deportment of Comm,.-'ty & Economic Development VANTAGE POINT APARTMENTS Report of April 1, 2014 4earing Examiner Recommendation 114-000226, SA-H, LLA, MOD, CAE Page 16 of 16 8. The applicant shall be required to record the.necessary covenants or declarations of restrictions on the property to ensure that no children will reside in the development. The recorded documents shall be submitted to by the Current Planning Project Manager prior to building permit approval. EXPIRATION PERIODS: Site Plan Approval expires two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. HEX Report ~~u·<~..---01 -·n..--.. • , -I :::.sai I'!~ 1 :I Ii ' ..--~1 l'Clltt\'Ni"-•9' i "'" ..... ~"'"'"' AJJ~OHJJY>' DNISOOH AJ.Nll<Xl DNDI ~ ' "'i __ ,..,.,.'<It ..,.., ">.>:.<'l 1,~ C! fJhfMUPfdi : i<->:;li,£/_ ~\~· ' ,, ''i I 1 . ' ·/F.J><Jfc<~ (!i i NOWNIHS\>'M 'NOlN3M '3S 33Vld = Ul6!1 ,1,1 ..-- Nl>INOl l'~~; .. ,w ,11111 <( ,-.z :lN3VUtl'o'dV lNIOd 3El'o'lN'o'A 11 • J 1d I~ g ; .. ,1 t ' •• i 11 t •• • ! u Ill • • UIII 115111 !~ l , ~ g~ §~ 1: .. ~ ;:; I n , 111 iUU I I i I I Ii ~-JP :!:I ::i: !I , I u i a:? -~-J'J' u I 1 · 111 ~tit! 11 i I ii ;i, h ! II ' '""i" dli ii n I ~~ I ii I I, • -' UJ _QJ'~ _,,.~-\~ Ill 8 I I ~ ' ,I ti ' I ' I !ii ~ 1--r --~-1-- I I I 12 ' ! I ~ ~fm l II; i I ~-n ' N ,~ ; hi I 'I JU\ i I I- \ I I -, 1-1 I ! I ca ' 1-1 :I: >< w ~ :c .... m .... -I w Ill , t• oz r 11 q I! 00 ze w ! j ~ ~ .,. w~ •o ~~ a n ' ~ • Q ~ ~:: II , 'li ~ I ,; z' zoo Wm 0~ ~m mo iiiiii I ~i''I VANTAGE POINT APARTMENTS 1~~ I 17901105TH PLACE SE, RENTON, WASHINGTO! ~~- KING COUNTY HOUSING ALITHORITY fi(lfl AtJf'i('IVFR PARK' WF!:::T Tl IKWII A WA ii ~ ~ NAKANOASSOOATES ""DOCAPE ,RCMITE:r, Ull!low,<11, ''""S Toi. JOO_,,,,,., """''· "' '"" __ .............,. .. ..__ ; i : i '' 'i 230590a1 : t ! 322305~167 SITE-_/ 32230591B7 EXHIB1T4 A1.01c = NOT FOR 1- CQNSJROCTION - ,_.. NEIGHBOR- HOOD Ll DETAIL • MAP • I •,, ·, ' ;:I : ,Iii :~ : Ir' !'" ' v,.·. ' r ".·' !c o' i . ' ~i ~ ' u . ~' .,- i '11 .. -I• r • --- ·-· ··- NEIGHBORHOOD DETAIL MAP SCA.LE: 1"==200' -~ VANTAGE POINT APARTMENTS 17901105TH PLACE SE, RENTON. WASHINGTON KING COUNTY HOUSING AUTHORITY OOOANOOVER PARK WEST, TUK'MLA WA 200' 400' ·-~ TONKIN ~~ nnnw.:.;; ·-JIM,fnl.-.U.-SNldLWl,911~ AllclOHlnV DNISnOH AlNnOJ DNl>l ' NOl9NIHSVM 'NO!N3~ 13S 3J'v'ild H!SO~ !b6U I i S1N3Vl/1l:l\ld\l 1Nl0d ;38\llN\IA s w > _J <l'. Cl:'. w <l'. I 1-- ::J 0 (!) II) 1- 1-4 r:c 1-4 :c X w A 111:lUHll lV tJNl::il lUH A.lNllU:J tJNl>t ND18~1HSVM 'ND1N3cl '35 :IJVld Hl9DI ~06Lf S1~31'WJ\ld\11Nl0d 38\/lN\I/\ s w > w 0 z ~ 1-z w I tr 0 z '.-,.._- ...... .1: -,- SOUTH PLAZA VIEW N0TTCSC'1f SOUTH ENTRANCE VIEW 'IOT-c:JSC,sLE ---. ----~!-.--.-. _____ V_A_N-TA_G_E_P_O-IN_T_A_P_A_R_T_M-EN_T_S_ Ql',OI" I SOUTH n !~6~~; 17901105TH PL4.CE:: SE, RENTON, WASHINGTON f'I) VIEWS KING COU"lTY HOUSING AUTHORITY A9.03 ·1 I2~@~!.~ zo,Fu11-....5o~u, --l'/~181(14 ~ ... ' I King County Housing Authority Washi:::i~.:::::::=:,::~:: ;:::SEPA) King County Housing Authority (KCHA), as the lead agency under the State Environmental Policy Acti (SEPA), has issued a Determination of Non-Significance (ONS) for the development of 77 units ofi multifamily housing in a new structilre located at Vantage Point, on the south and west side of SE 180th Street and 105th Place SE in the [city of Renton. Project elements include site clearing and grading, construction of housing and associated parking, Infrastructure and site landscaping. KCHA is project • proponent for this proposal. ! The KCHA has determined that thiJ proposal does not have a probable significant adverse impact on the environment. An environmental iml)!lct statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a eompleted environ mental checklist and other information on file with the lead agency. This information is available to the public on request. I This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. The public is invited to comment and may appeal this threshold determination by submitting written comments or notide of appeal no later than March 13, 2014 to: Stephen Norman, SEPA Rerponsible OfficiaV Executive Director . King County Housing Auth'1Y . 600 Andover Park West Seattle, WA 98188 Pursuant to Section 9 of the KCHA SEPA Rules, written notices of appeal shall describe briefly the reasons why the appellant beHeves the determination is in error and shall include a filing fee of $1000.00 for processing the appeal. KCHA will !like no action on the project until the expiration of the comment period. Questions regarding SEPA cornmen!s or appeals should be directed to the Responsible Official at 206-574- 1100. .I Lead Agency: King County Hou~inq Authority Address: 600Andover Par~ W .• Tukwila. WA 98188 Responsible Official: StephenlJ. Norman I PosltionfTitle: Executive Directbr I I Responsible Official Signature: _...L.'.'.'.:_.L::::::::::::==:_---~ I I I EXHIBIT 6 C'64t-l 2./z7 /,'i Date: ____ _ Vantage Point Apartments Technical Information Report February 7, 2014 Consulting Engineers EXHI8IT7 RECE\VED FEB 2 1 2014 CITY OF RENTON PLANN!NG DIVISION CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING . On the 3rd day of March, 2014, I deposited in the mails of the United States, a sealed envelope containing Notice of Application and Acceptance documents. This information was sent to: ... Name Representing Tim Locke, King County Housing Authority Contact/ Applicant See attached 300' surrounding property owners (Signature of Sender): STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Lisa M. McElrea signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: -------- Notary Public in and for the State of Washington Notary (Print): -------------------------My appointment expires: -Vantage Point Apartments LUA14-000226 EXHIBITS Notes None 256 0 0 128 WGS _ 1984_ \/Veb _ Mercator_Auxiliary _Sphere 256 Feet City of Renton 0) Finance & IT Division Aerial Photo Legend City and County Boundary Other Ci·y of Re:1tm·, Addresses EXHIBIT 9 Information Technology -GIS RentonMapSupport@Rentonwa.gov 41112014 This map 1s a user generate static output fro a.1 Internet mapping site and is for refe 0 ence only. Data la ers tllat appea; n this map nay 0° ,ray not be accurate curre1t. or otherwise reliable. THIS MAP I, NOT TO BE SED FOR NAVIGATION RH2 TECHNICAL Memorandum Client: King County Housing Authority Project: Vantage Point Project File: KCHA 509.038 Composed by: Erik Howe, P.E. Project Manager: Erik Howe, P.E. Reviewed by: Randy Asplund, P.E./Mark Miller, P.E. Subject: Vantage Point Traffic Evaluation Date: November 6, 2013 Background This memorandum presents the average vehicle trip ends for a proposed rental housing project designated to senior citizens and people with disabilities. The remainder of this section includes a project and site location description and a summary of the peak hour trip generation results. The proposed senior housing project, managed by the King County Housing Authority, will include 5 two-bedroom units and 72 one-bedroom units, for a total of 77 dwelling units. The site is located at approximately 17847-17899 105"' Place SE Renton, WA 98055. It is proposed that the site will gain access to the public street system through four driveways along 105"' Place SE and SE 180"' Street. Two of these driveways consist of a drop off and vehicle turnaround to allow for quick drop offs and access for emergency vehicles. See attached Sheet 1 -Plan View, with Vicinity Map. The proposed senior housing project can be accessed through two major roadways, SE Carr Road/SE 176"' Street to the north and 108"' Avenue SE to the east. SE Carr Road/SE 176"' Street is functionally classified as an urban Principal Arterial. Benson Drive/108"' Avenue SE is functionally classified as an urban Minor Arterial. Traffic leaving the proposed senior housing project from 105"' Place SE to the north turning onto SE Carr Road/SE 176"' Street can only make a right turn (eastbound) due to the existing channelization. Traffic coming to the proposed facility from SE Carr Road /SE 176"' Street can turn onto 105"' Place SE from both the east and west utilizing the existing turn lanes. At the east end of SE 180"' Street, a signalized intersection connects traffic to Benson Drive/108"' Avenue SE. Traffic can enter and exit SE 180"' Street in all directions at this intersection. EXHIBIT 10 11/7/20131,42PM :::iint_Traffic Evaluation_ 11-07-2013.docx Vantage Point Traffic Evaluation Page2 Trip Generation and Distribution Trip generation for the proposed project site was estimated by using the Institute of Transportation Engineers Trip Generation Manual for Senior Adult Housing. Table 1 below shows the average vehicle trip during the peak A.M and P.M. hours on a weekday for 77 occupied dwelling units. It is expected that the new trips would be generally split to either to SE Carr Road/SE 176"' Street or Benson Drive/108"' Avenue SE. able -np T 1 T · G eneranon Time Average Vehicle Trip Ends Weekdav A.M. Peak Hour 31 Weekdav P.M. Peak Hour 24 Conclusion From these results, the total added number of trips is relatively low and will not have a significant impact on traffic flow on the adjacent streets or to or from the arterials. A Fred Meyer/ commercial shopping center is located directly across the road from the proposed site location. As the shopping center is oriented to SE Carr Road/SE 176"' Street and Benson Drive/108"' Avenue SE, the majority of trips from the shopping center are directed toward those roads and not toward 105"' Place SE and SE 180"' Street. SE Carr Road/SE 176"' Street and Benson Drive/108"' Avenue SE are currently high traffic areas. SE Carr Road leads to Valley Medical Center, while Benson Drive/108"' Avenue SE is a busy state route that connects the cities of Renton and Kent. The addition of up to 31 vehicles (A.M. peak hour) will likely have little effect on the directly adjacent street system. In addition, as these trips will generally be split to either SE Carr Road/SE 176"' Street or Benson Drive/108" Avenue SE (approx. 15 trips to either intersection), there will likely be little effect on the arterials. Reference Institute of Transportation Engineers [ITE]. (2012). Trip generation manual (9"' ed., Vol. 2: Data). Washington, DC. Institute of Transportation Engineers. Signed: 11/6/2013 Signed: 11/6/2013 11/7/20131A2PM J:\data\KCHA \Final_Teehnic:al Memorandum._ Vantage Point_Traffic Evaluation... 11-07-2013.docx SHORT PLAT REPORT& DECISION A. REPORT DATE: Project Name: Owner/Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: EXHIBIT 11 City of Renton Department of Community & Economic Development ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST February 18, 2009 Vantage Glen Short Plat King County Housing Authority; 600 Andover Park West; Tukwila, WA 98188 Anna Nelson; Gordon Derr LLP; 205 First Ave Ste# 500; Seattle, WA 98121 LUA08-137, SHPL-A (King County DOES File No. L04P0034) Rocale Timmons, Associate Planner The applicant submitted an application with the King County Department of Development and Environmental Services, for Short Plat approval, to subdivide a 39.29 acre parcel into 2 lots. The applicant.intends on using the vested King County development standards for a future multi-family redevelopment project on Lot 2. The development of Lot 2 is not a part of the short plat application. The project site is located within the City's Residential Manufactured Home Park (RMH) zoning designation; however, the multi-family development project is vested to King County's R-24, R-12 and R-8 zoning designations development regulations. The proposed density would be approximately 4.17 dwelling units per gross acre. Proposed Lot 2 would be 5.02 acres in size and Lot I would be approximately 34.28 acres in area once the short plat is recorded. The subject property was annexed to the City of Renton on March I, 2008. 18100 I 07th Place SE, Renton, WA 98055 Chapters: 16.02 16.03 16.04 16.05 16.06 16.08 16.10 16.12 16.14 16.32 16.78 16.82 BUILDING AND Title 16 BUILDING AND CONSTRUCTION STANDARDS Administration. Definitions. International Building Code. JSTRUCTION STANDARDS International Residential Code for One-and Two-Family Dwellings. International Building Code -Existing Structures -Disaster Damage. Road Names and Addressing Buildings. King County Building Security Code. International Mechanical Code. International Property Maintenance Code. King County Plumbing Code Ornamental Pools Clearing and Grading CROSS-REFERENCES: Mobile home park construction, see K.C.C. chapters 18.08 through 18.24. Nondelinquent property tax certification, see K.C.C. chapter 4.68. Public bench construction, see K.C.C. chapter 14.32. Road construction standards, see K.C.C. chapters 14.20 and 14.24. EXHIBIT 12 16-1 (King County 6-2007) REPORT OF GEOTECHNICAL ENGINEERING SERVICES Vantage Point -Multi-Family Rental Project Vantage Glen Community l 790 l l OS" Place SE Renton, Washington For Vantage Point Apartments LLC c/o King County Housing Authority February 18, 2014 GeoDesign Project: KCHA-29-03 EXHIBIT 13 DRAFT fflDESIGN~----- i I I I I REPORT OF GEOTECHNICAL ENGINEERING SERjlCES I Geologic Hazard Report -Update I Vantage Point Apartments -Multi-Family Rental Prbject Vantage Glen Community l l 7901 l OS'" Place SE I Renton, Washington For Vantage Point Apartments LLC c/o King County Housing Authority January l 6, 2014 (Update) February 27, 2013 (Original) GeoDesign Project: KCHA-29-03 ) ( I !( \ \ ", \\"'- \ OTY OF RENTON SHORT PLAT RENTON, WASHINGTON OWNER'S OECI.ARA TlON IIJGII' 11U. Ntl'\L 9T '11113[ JIIEIDl'IS 1"AT 'II£, THE ~ OWJOI OF IN1UEST IN 1IC LMCJo HIIIDT lttMT :lllalMilD. 00 11111£1'1' IIMC A ~ ---ll'IWJ;f' IXQ.ME ,... MAI' ,u I[ IH[ GIIN'tlC ~A-r, 'INC-. Ml;! 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AU. ~TISWIINTMGIIN~'alM Q.NiNT S.TA'II ITA1U1L SURVEY PROCEDURES: fliLD iMwliit .iii& WETS OIi DICGDS ~~IN~MlK w,i,e m-1:»-oeo. TITLE REPORT: fiiii iuriri WAI DlllC .'IH 'IHE IENil'IT OF 11£-T~TGll'l'll'II.ATIOIIIJIIJlltO. I~ ISSWO 9T OCMIO 11'11.L lldWMCiE Clillll'N4T QN .MIE 11, -· ADDRESSES: i.of 1: 11100 1intl WT :Z: ITllfl 111111't SURVEY NOTE: 1MIS iiiinfi WAS ~ Z IASED ON lH -~~ ' __ , ---·-UIJl!lalDITSAT'III LAND SURVEYOR'S CERTIFICATE THIS SHORT PLAT CORAEClLY REPRESENTS A SUR'o'EY MAO( BY ME OR UNGER MY Dll'IECTIOH IN CCIHF'Ofll.lANCE 'M'IH THE REQl.ltREMEWTS OF THE APPR2f"lll~TE $T"TE ANO CQIJNTY STATIJ1E ANO OROINANCE:.lft,.pac;-....... ,. 2001. KING COUNTY DEPARTMENT OF ASSESSMENTS RECORDING NO. VfL/PW;E_ EXAMl,!'11 NCI ~ ntlS --"'" C, "'--- """"""""' NORTHEAST PORllON CIF ol.CCOUNT N.tliaR WEST 1/2, S. 32 T. 23 N., R. 05 E., WJ,t l.£0.AL DtsCRIMJON lHE 9Gll1NtAST awtllJI or tlfl NOlfflllUT !1ilM1Clt OF KC11QM l2. ~ 2~ -ll\ llMCilE 5 i,l,ST, ~-. 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E IMINTMB IY THE 1<11G CIMIITY HCU9IO Ml'IMOIITY. g(ClliT 10 lM[ DnDfT 1*T A lll(CONl(D ~ Git l1IICR ACMDEiT l'llO\CIES f'ljlll ~ IY /It SKta'1C l'IR.IC Qlt PIIWilE EMTTTY. THI$ ~ C&Qll.l!CN StW.L -'11'11 lM[ LNG MO 9UI.L E -C1N 1HE ~--0111.:~ .,_,,_ GRAPHIC SCALE --------(Dfl'lft) ,ao.-lODA. """''" REC<IWING: NO. VOL/l'AGE I DICK • 100 rr. I= PORllON OF 05 E., W.M. + I NORTHEAST S 32 T." 23 N., R. 08-137-SHPL WEST 1/2, · LUA-O«o LNO 20-- • . ... ~ ' ' = -" I 11 • I I/ ( MATCHUNE ( J : ~:~ I I; -,,(,f,,/f, ·, ~ '\ J1. ~-:t' I Ii' f ~ z I -... • \ \ \ / N A L p A R C E L ~=' "%,.,,., ' ~! ~. \, ~··" -----' , ... , • -----~----· '=-•I ' ' " --=---------. . ~-~· 1 I .\ '> A "---,:-;.:l;:::, ,:;; ~~~~ ! . . / l -,"='-~ \ ;:;-:,_ ~ .. 1. ...... "W,., J~ ~ . 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" --11·1-··--..._ I ,, .. ,. -~---,, . -~ -~ I '' ~<~. --·· I "' _.3": ~~ iiiii'1ii ~ •• 71&.II" (lall) ...,..,,., ~--- 'lk' • :.-" i![ l if; -=lil ·-·--:ii: ,,. ·~ --1'1t-1111N--.m1• VANTAGE GLEN SHORT PLAT ---,.,, J08 NO. -i • ~TS) ----Olllt,L BY .. 09.14.09 WA09.00I.M17 CHKO, BY '" SCACE 1~-100 SH<TI 3 OF 3 VANTAGE PPINT APARTMENTS Wetlan Report Prepared for: January 2014 King County Housing uthority EXHIBIT 15 Ms. Rocale Timmons Board ofCommtssioners Doug Barnes, Chair Michael Brown, Vice-Chair Richard Mitchell Susan Palmer Terry Stewart Executive Director Stephen J. Nonnan Department of Community and Economic Development-Planning Division City of Renton 1055 South Grady Way Renton, WA 98057 Dear Ms. Timmons, March 28, 2014 On February 27, 2014, King County Housing Authority, acting as the lead agency under the State Environmental Policy Act (SEPA), issued a Determination of Non-Significance (DNS) associated with the Vantage Point Apartments project in Renton, WA. The public was invited to comment through March 13, 2014, and the comment period was subsequently extended until March 23, 2014. As of today, no comments have been received and KCHA determines that the DNS is unchanged and final. Please feel free to contact me with any questions at (206). 574-1198. Thank you, ~.~ Tim Locke Finance & Development Manager 600 Andover Park W • Seattle, WA 98188-3326 • kcha.org Phone 206-574-1100 • Fax 206-574-1 !04 EQUAL HOUSING OPPORTUNITY • King County Housing Authority Washington State Environmental Policy Act (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS) King County Housing Authority (KCHA), as the lead agency under the State Environmental Policy Act (SEPA), has issued a Determination of Non-Significance (DNS) for the development of 77 units of multifamily housing in a new structure located at Vantage Point, on the south and west side of SE 180th Street and 105th Place SE in the City of Renton. Project elements include site clearing and grading, construction of housing and associated parking, infrastructure and site landscaping. KCHA is project · proponent for this proposal. The KCHA has determined that this proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. The public is invited to comment and may appeal this threshold determination by submitting written comments or notice of appeal no later than March 13, 2014 to: Stephen Norman, SEPA Responsible Official/ Executive Director King County Housing Authority 600 Andover Park West Seattle, WA 98188 Pursuant to Section 9 of the KCHA SEPA Rules, written notices of appeal shall describe briefly the reasons why the appellant believes the determination is in error and shall include a filing fee of $1000.00 for processing the appeal. KCHA will take no action on the project until the expiration of the comment period. Questions regarding SEPA comments or appeals should be directed to the Responsible Official at 206-574- 1100. Lead Agency: King County Housing Authority Address: 600 Andover Park W., Tukwila, WA 98188 Responsible Official: Stephen J. Norman Position/Title: Executive Director 1,/27 /1'( Date:----- 45(>4(.J Tim Locke, King County Housing Authority Contact/ Applicant See attached 300' surrounding property owners (Signature of Sender): ~ \}h.,c~~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Lisa M. McElrea ~ _ , • signed this instrument and acknowledged it to be his/her/their free and voluntary act fcuit\ie uae_s ~ p Q!!'Ses _,.\ '~ ., • ._ 0 mentioned in the instrument. 7,, ,,,,, 8.29. '\\ .... ,.:_ .. ::, ~·,,,\\\\\\\,,,,, .. ,._ ~(" Dated: tyYJ e,,rk, 3 JD! 'i ) ·tary Public in and for the State of Washington Notary (Print): ___ [fu......._.._.lli.i-'.f--J?i+-"'0""'14""/ .. e .... g~c:..-___________ _ My appointment expires: <.J A"'d 1.. s+ ,;} ~ ;;).0/ 1" Vantage Point Apartments LUA14-000226 NOTICE OF APPLICATION A Maner Ap llcatlon ha$ been filed and aco;eptad with th• Department of Community & Etonomk Development (CEO)_ Plan:l"I Division of 1he City of A,nton. The following briefly de5cr\bes the applk~tlon n1d thij nece55ary Public Approvals. DATI: OF NOTIC'I: OF APPLICATION: PROJECT LOCATION: PERMrTS/REVIEW REQUESTED: APPLICANT/PROJECT CONTACT PERSON: PUBLIC HEARING: March 3, 2014 Vantage Point ApartmenU / LUA14-000226, LLA, SA-H, MOD Loi Line Adjustment Review, Hearing Examiner Sile Plan Revlew, Street Modincijllon, and Critical Area Exemption T•m Locke, King county Housing Authority, 600 Andover Park West, Tukwila, WA9S1SS Pvbllc hearins i:; 1,mhfirtlY ,;ctie:,fol!'d fqr APd/ B ]014 brlP•r the Rtnton Hearing E,amlnrr at 9;00 AM in ~nton Council Chambers on the 7th floor of Renton City Hall. · PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTl~ICATION DATE Of APPUCA1\0N: Februa~ 21, 2014 NOTICE Of COMPLETE APPLICATION, MARCH 3, 2014 tfyou would ll1ce 1., be made a p,arty of ,eccrd to recel•e further ,nrormaticn an lh!f"~csed pr<>jett, complete tiii< form •nd return tc: Oty of Ren1an, CED, Plannlns o,visian, 1055 South Grady W<Y1, ~enton, WA 'l ?. Flit Name/ No.: Vant.ail• Point .o.partments / LUA14-000226, lLA, SA-H, MOO NAME: City/State/lip: ~~'.~~~~~~.~m, \..CK I l~ILA I ION I, Vt'Jt'fl /tfirn m{)IU , hereby certify that <"' copies of the above document were posted in -2:.._ conspicuous places or nearby the described property on Date: a I~ /zDJf Signed:,_~-+--·..,..Jt=.,=...-Lc_,~-==----·'.h. __ -"'--__ STATE OF WASHINGTON COUNTY OF KING ss Notary (Print): __ _,_W..l..l<.P.:.,l:j"'l:---X..1...L1..0.1.j,r/....,, fei<f0=+------- My appointment expires: __ _,,_,A,-lJ-!;'U'!-1,;£""-'"'-'( ... · ....se():...0.i,.......,_C;)"'O""I'--]'----- 3223059361 KC HOUSING AUTH 600 ANDOVER PARK W TUKWILA, WA 98188 3223059016 FRED MEYER STORES INC C/0 NICKEL & COMPANY 1014 VINE ST #7TH FLOOR CINCINNATI, OH 45202 3223059364 KC HOUSING AUTH 600 ANDOVER PARK W TUKWILA, WA 98188 3223059187 WSDOT REAL ESTATE SERVICES PO BOX 47338 OLYMPIA, WA 98504 _223059260 BALACLAVA HOLDINGS INC 1508 W BROADWAY STE 900 VANCOUVER BC V6J 1W8, 3223059362 KC HOUSING AUTH 600 ANDOVER PARK W TUKWILA, WA 98188 3223059295 AMRIT INC DBA PO BOX 59685 RENTON, WA 98058 3223059079 NATIONAL COVENANT PROPERTIE 8303 W HIGGINS RD CHICAGO, IL 60631 3223059337 RENTON CITY OF 1055 S GRADY WAY RENTON, WA 98055 3223059065 TRI MARK NORTH BENSON LP 406 ELLINGSON RD PACIFIC, WA 98047 as ·----~----.,,.. r ¢2 Cit}' o~~, .· ·. .. ·····. ·1 1 ·~, r· ·1 · r· 0J· ·Ir 1 r I r--= : i ! i ; ! i ; \~ _..;;;.:_._,~·, . ._i-'-.,.) -'._;.-·_ NOTICE OF APPLICATION A Master Applicatlon has been filed and accepted with the Department of Community & Economic Development (CED)-Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: March 3, 2014 PROJECT NAME/NUMBER: Vantage Point Apartments/ LUA14-000226, LLA, SA-H, MOD PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Lot Line Adjustment, Critical Area Exemption, and a street modification for the construction of a 4-story multi-family building containing 77 senior assisted living apartment units. The vacant 5.02 acre site contains two parcels located within the Residential Multi-Family (RMF) and Residential Manufactured Home· (RMH) zoning classifications on the southwest comer of SE 180th St and 105th Pf SW. Development would primarily occur within the RMF zoned parcel while limited grading would occur on the RMH zoned Native Growth Protection Tract which contains critical slopes and a small wetland. Primary vehicular access to the site would be provided from curb cuts along 105th Pl SE and SE 180th St. An approved short plat (LUAOB-137) vest the proposal, for up to 90 residential units, to King County development regulations including the King County R-12 zoning designation standards. The applicant, King County Housing Authority, has taken lead agency for the proposal's SEPA review. A DNS threshold determination was issued on February 27, 2014. A comment/appeal period ends on March 13, 2014. A street modlfication, from RMC 4-6·060, is being requested in order to maintain the existing 18-foot wide travel lane, with a 6·foot wide sidewalk, no parking, and a 10-foot wide planting strip. A total of 60 parking spaces would be provided within surface and structured parking areas on site. The applicant is proposing to regrade approximately 8,858 square feet of critical slopes. KCC 21A.24.310.D.2 allows regrading within steep slopes through an alteration process. However, the City of Renton does not have an alteration process and the request to alter the steep slopes on site will be reviewed through a requested Critical Area Exemption. A street modification, from RMC 4·6·060, is also being requested in order to maintain the existing 18-foot wide travel lane, with a 6-foot wide sidewalk, and no parking, and a 10-foot wide planting strip. Finally, the applicant is requesting a Lot Line adjustment to revise the Native Growth Protection Tract (Tract C·2) in order to reflect a recent survey of critical areas on site and proposed regrading of critical slopes. PROJECT LOCATION: South & West ofSE180th St & 105th Pl SE PERMITS/REVIEW REQUESTED: Lot Line Adjustment Review, Hearing Examiner Site Plan Review, Street Modification, and Critical Area Exemption APPLICANT/PROJECT CONTACT PERSON: Tim Locke, King County Housing Authority, 600 Andover Park West, Tukwila, WA 98188 PUBLIC HEARING: Public hearing is tentatively scheduled for April 8, 2014 before the Renton Hearing Examiner at 9:00 AM, in Renton Council Chambers on the 7th floor of Renton City Ha!I. Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on March 17, 2014. This matter is also tentatively scheduled for a public hearing on April 8, at 9:00AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. lf you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (425) 430~6578. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. ff you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: February 21, 2014 NOTICE OF COMPLETE APPLICATION: MARCH 3, 2014 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name/ No.: Vantage Point Apartments/ LUA14·000226, LLA, SA-H, MOD NAME:---------------------------------------- MAJ Li NG ADDRESS:--------------------City/State/Zip:-------------- TELEPHONE NO.: -----------------~ March 3, 2014 Tim Locke King County Housing Authority 600 Andover Park West Seattle, WA 98188 Department of Community and Economic Development C.E. "Chip"Vincent, Administrator Subject: Notice of Complete Application Vantage Point Apartments/ LUA14-000226,LLA, SA-H, MOD Dear Mr. Locke: 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. In addition, this matter is tentatively scheduled for a Public Hearing on April 8, 2014 at 9:00AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7219 if you have any questions. Roe le Timmons Senior Planner Renton City Hall • 1055 South Grady Way ~ Renton, Washington 98057 • rentonwa.gov City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) King County Housing Authority NAME: ADDRESS: 600 Andover Park W CITY: Tukwila, WA ZIP: 98188 TELEPHONE NUMBER: (206) 574-1198 APPLICANT (if other than owner) NAME: Tim Locke COMPANY (if applicable): Vantage Point Apartments, LLC 600 Andover Park W ADDRESS: Tukwila,WA 98188 CITY: ZIP: (206) 574-1198 TELEPHONE NUMBER: CONT ACT PERSON NAME: Anna Nelson Van Ness, COMPANY (if applicable): Feldman,GordonDerr ADDRESS: 719 Second Avenue, Suite 1150 Seattle, WA 98104 CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: (206) 623-7372 amn@vnf.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Vantage Point Apartments PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 17901 105th Place SE (SW Corner of SE 180th St. and 1051" Place SE), Renton, WA 98055 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): #322305-9362 and #322305-9363 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): Residential Multi-Family EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: Lot 2 is RM-F, Tract CA2 is RMH PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): 218,644 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 3,748 SF SQUARE FOOTAGE OF PRA/~ACCESS EASEMENTS: . . .. ' . . '-~~ 0 , ..... "" ~ ~ · .... ·1_, ' _ .. ~ ,-._;._. ,,.,(_. PROPOSED RESIDENTIAL D6NJIT'i' .. !N UNITS PER NET ACRE (if applicablej • -" .. 16 · ,fJf.:t"Li-.u NUMBER OF PROPOSED LOTS (i(appllcable)NJA" v ' '. · FEB 2 J ?n 4 NUMBER OF NEW DWELLING UNITS Qf applicable): 77 CITY OF RENTOr1i Pl ('.I .\or,,·· 1 N:\_DEVELOPMENT PROGRAM\Projects\Vantage Point\Permits\masterapp_ Vantage Point_ms.doc J J .. ~ I • PROJl:TINFORMAT~IO~N~(c~o~n~t~in~u'..=:L_~~~~~~~- NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 PROJEcT VALUE: $1,630,000 (Appraised Land Value as of December 13, 2013) SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 99,087 SF IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 0 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NI A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 3 D AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA 0 GEOLOGIC HAZARD 51,851 0 HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS 550 LEGAL DESCRIPTION OF PROPERTY (Attach leaal descriDtion on seDarate sheet with the followino infonnation included) sq. ft. sq. ft. sq. ft. sq. fl. sq. ft. SITUATE IN THE NW QUARTER OF SECTION _R__, TOWNSHIP 23N , RANGE 05E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Daniel R. Watson , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or ..x__ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. (j) P ~ ~-i/to/tq Signature of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that~d/W.k'J signed this instrument and acknowledge it to be his/ber/tllf!lr free and voluntary act for the uses and purpose mentionll<l-in'ftle.'1nstrument. ,, -,c;_ EVl:IY, ,,,., ~~ ~ '"' ~~ Ml'!Af,Y /1~~? Dated ~ ., 4' • ... } Z ~ Jo> -<, J 0 ~ t '"u•"' '\ . i,:. \ 11>,.\,, S-21:>-~7 ~ 1, "'f J". .. tlh"\\'"-'"''" ~ '•,,,.~OF WP..S ,,,, ~~blic in and for the State of Washington Notary (Print) ~tf/)£( JiJ My appointment expires:,,__~="'!·1<-..,.A,=t,,____,,_h:....:::'cfL--1-L'------------- N:\_DEVELOPMENT PROGRAM\Projccts\Vantage Point\Permits\masterapp_ Vantage Point_ms.doc -2 - Tlul HOUSING AUTHORITY OF THE COUNTY OF KING RESOLUTION NO. 2687 A RESOLUTION DESIGNATING DANIEL R. WATSON, ASSISTANT EXECUTIVE DIRECTOR, AS ALTERNATE CONTRACTING OFFICER ~'HEREAS, James V. \iViley was appointed Contracting Officer for the Housing Authority of the County of King by authority of Resolution No. 1041, dated the 17th day of July, 1973; and WHEREAS, John Callies, was appointed Alternate Contracting Officer by autho1-ity of Resolution No. 1568, dated the 20th day of January, 1981; and ,vHEREAS, Daniel R. Watson, by authority of Resolution No. 2613, dated the 11th day of August, 1994, was appointed alternate signatory for legal documents only in the absence of both Jim Wiley and John Callies for any extended period of lime; and WHEREAS, John Callies retired on the 31st day of March, 1995 leaving the office of Alternate Contracting Officer unfilled. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF KING: DANIEL R. WATSON, Assistant Executive Director be, and he is hereby designated, Alternate Contracting Officer, empowered to sign all legal documents essential to the business conducted by the Housing Authority. ADOPTED AT A REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHOIUTY OF THE COUNTY OF KING THIS 13TH DAY OF APRIL, 1995. SEAL (-~,ST: \ / ,_.------). ) \yj/~ (/, '!t ,t, JI~IWILEY . Secretary-Treasurer THE HOUSING AUTHORITY OF THE COUNTY OF KING, WASHINGTON ~2' l~~.r!A(,1( ROBERT L. (BOB) BISNETT, Chair Board of Commissioners -29- CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULE A (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 2 AND TRACT C-2, CITY OF RENTON SHORT PLAT NUMBER LUA-08-137-SHPL, RECORDED UNDER RECORDING NUMBER 20100111900006, IN KING COUNTY, WASHINGTON. CLTACMA6/RDA/0999 TUE HOUSING AUTHORITY OF THE COUNTY OF KING RESOLUTION NO. 2687 A Rl!:SOLllTJON DESIGNATING DANIEL R. WATSON, ASSISTANT EXECUTIVE JJIRECTOR, AS ALTERNATE CONTRACTING OFFICER ,vHEREAS, James V. \Viley was appointed Contracting Officer for tile Housing Authority of the County of King by authority of Resolution No. 1041, dated the 17th day of July, 1973; and WHEREAS, John Callies, was appointed Alternate Contracting Officer by authority of Resolution No. 1568, dated U1e 20th day of January, 1981; and ,vnEREAS, Daniel R. Wa(son, by authority of Resolution No. 2613, dated the 11th day of August, 1994, was appointed alternate signatory for legal documents ouly in the absence of both Jim Wiley and John Callies for any extended period of time; and \VHEREAS, Johu Callies retired on the 31st day of March, 1995 leaving the office of Alternate Contracting Officer unfilled. NO\V THEREFORE, llE IT RESOLVED, llY THE IIOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF KING: DANIEL R. WATSON, Assistant Executive Director be, and he is hereby designated, Alternate Contracting Officer, empowered to sign all legal documents essential to the business conducted by the Housing Authority. ADOPTED AT A REGULAR MEETING OF THE IIOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF KING THIS 13TH DAY OF APRIL, 1995. SEAL \:t;-;)1,, JIAI WILEY Secretary-Treasurer THE HOUSING AUTHORITY OF' THE COUNTY OF KING, W ASIIINGTON fl Yr&' fJ1f4 ~1,1[ ROBERT L. (BOB) IIISNETT, Chair Board of Commissioners -29- CHICA(;() TITLE COMPANY A.L.T A. COMMITMENT SCHEDULE A (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 2 AND TRACT C-2, CITY OF RENTON SHORT PLAT NUMBER LUA-08-137-SHPL, RECORDED UNDER RECORDING NUMBER 20100111900006, IN KING COUNTY, WASHINGTON. CLTACMM;'RDA/0999 / PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: Calculations, Colored Maps for Display 4 Construction Mitigation Description 2 AND 4 Deed of Right-of-Way Dedication Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural 3ANo 4 Environmental Checklist 4 Existing Covenants (Recorded Copy)4 Existing Easements (Recorded Copy) 4 Flood Hazard Data 4 Floor Plans 3 ANO 4 Geotechnical Report2AND, Grading Plan, Conceptual 2 Grading Plan, Detailed, Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual, Landscape Plan, Detailed 4 Legal Description 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Post Office Approval 2 This requirement may be waived by: 1 . Property Services WAIVED MODIFIED COMMENTS: BY: BY: )fl}-u-?m-, ,,.,,-,,v p;,,:,~57, o,-_L_ ,c,£-r I -1"/17 A~1 fr0 A-J>ces "'.~e:,, = L P.l:£V!6'/\/ 'f"'/5 Y) - I ... ' 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: _.:;_V..:_A"-N-'-'T,"'-,"t"-""-', C,e.....:,C=..!ei-c.;:crJ~--- 1/14 !11 RECEIVED DATE: FEB 2 J 2014 H. \CE DI Data \Forms-T emplates\Self-Help Handouts \Planninglwaiverofsubmittalreqs. xis ,/ PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Plat Name Reservation 4 Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan 4 Screening Detail 4 Site Plan 2 ANo, Stream or Lake Study, Standard 4 @"o Stream or Lake Study, Supplemental 4 I Stream or Lake Mitigation Plan 4 '-Y Street Profiles 2 Title Report or Plat Certificate , Topography Map, Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Pl ( tf1114:J/P-,oc ~ ,J /:. C c-,,'p Urban Design Regulations Analysis, Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2 AND, Inventory of Existing Sites 2 AND, Lease Agreement, Draft 2 AND, Map of Existing Site Conditions , AND, Map of View Area 2 AND, Photosimulations 2 AND, This requirement may be waived by: 1 . Property Services 2. Public Works Plan Review 3. Building 4. Planning T7;1! ' ' V PROJECT NAME: VA('-) T k. E; ql..-e ,J DATE I I 14: / 11 H ICED\Oata\Forms-Templates1Self-Help Handouls\Planning\waiverofsubmittalreqs.xls 06/09 PREAPPLICATION MEETING FOR VANTAGE POINT PRE 13-000771 CITY OF RENTON Department of Community & Economic Development Planning Division July 11, 2013 Contact Information: Planner: Rocal.e Timmons, 425.430. 7219 Public Works Plan Reviewer: Rohini Nair, 425.430. 7298 Fire Prevention Reviewer: Corey Thomas, 425.430. 7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & EconomiclQ~~D Administrator, Public Works Administrator and City Council). FE - B 2 I 20 !4 CITY OF RENTON PLANNING DIVISION flRE & EMERGENCY SERVICES DEPARTMENT r,• Cily_of .. ~-------i,_1_ ; ; C: I J. c, (_I) JJ MEMORANDUM DATE: July 11, 2013 TO: FROM: Roca le Timmons, Senior Planner Corey Thomas, Plans Review Inspector Vantage Point PREB-000771 SUBJECT: 1. The preliminary fire flow 1s 2,500 gpi;p. A minimum of three hydrants is required. One within 150-feet and two within 300-feet of the proposed building. A looped fire main is required around the building if the fire flow exceeds 2,500 gpm. There appears to be one existing hydrant that could be used to satisfy these requirements. Water is provide by Soos Creek Water District, a water availability certificate·is required to be . . - provided. 2. Fire impact fees are currently applicable at the rate of $388.00 per multi-family unit. This fee is paid at time of building permit issuance. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser rooms. Fully addressable and full detection is required for all fire alarm systems. 4. Fire department apparatus access roadways are required within 150- feet of all points on the building. Fire lane signage required for the on site roadway. Required turning r_adius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet clear width, fully paved, maximum grade on roadways is 15%. Roadways shall support a minimum of a 30-ton vehicle and 322·psi poiM loading. Gates on fire access roads shall comply with fire department standards including lull automation and equipped with radio frequency automatic opener. Bollards are not allowed. S. An electronic site plan is required prior to occupancy for pre-lire planning purposes. 6 All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40- inch by 84-inch stretcher and car width shall be a minimum of 80-inches wide with a center opening door. 7. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. h:\ced\p lanning\current plann inglpreapps\13-000771.rocale\ftre comments. doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM July 9, 2013 Roca le Timmons, Planner Rohini Nair, Plan Reviewer Vantage Point Apartments Parcel numbers 3223059362 and 3223059363 PREB-000771 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. Water Service is provided by Soos Creek Water and Sewer District. A water availability certificate will be required to be submitted to the City. Sanitary Sewer Sewer Service is provided by Soos Creek Water and Sewer District. A sewer availability certificate will be required to be submitted to the City. Storm review l. A drainage report complying with the City adopted 2009 King County Surface Water Manual and City Amendments will be required. Based on the City's flow control map, this site falls within the Flow Control Standard (Forested Site Conditions). Refer to Figure 1.1.2.A-Flow chart for determining the type of drainage review required in the City of Renton 2009 Surface Water Design Manual Amendment. Stormwater BMP measures applicable to the project are to be included. Vantage Point preapp -PRE 13-uuU"l71 Puge2of2 July 9, 2013 2. A geotechnical report for the site is required. Information on the water table and soil permeability with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer shall be submitted with the application. 3. Surface water system development fee is $0.448 per square foot of new impervious surface area, but not less than $1,120.00. Transportation 1. The project proposes the development of 90 units of affordable rental housing. The current rate of transportation impact fee is $498.95 per dwelling for apartments. The impact fee will increase yearly. The transportation impact fee that is current at the time of building permit application will be applicable. Payment of the transportation impact fee is at the time of issuance of the building permit. 2. Street lighting analysis is to be done by the developer to determine the need for additional street lights and the required street lighting is to be provided by the developer. 3. The proposed site may require a traffic study that includes the number of trips generated, site access, a discussion on traffic circulation to and from the site and onsite traffic circulation. The . study shall include trip generation and trip distribution for the project for both AM and PM peak hours. 4. The site gains access to the public street system via driveways from South 180'h Street and 105" Place SE. A drop off drive and vehicle turnaround at the bend in the street is also proposed. As per section 4.b of the RMC 4-4-080, there shal I not be more than 2 driveways for each 330 feet of street frontage for a single ownership, except where a single ownership is developed into more than one unit of operation, each sufficient in itself to meet the requirements of the code. Site access driveways must meet the minimum access needs for Fire Department and follow the requirements of driveways· as per RMC 4-4-080. 5. Both South 180'" Street and 1051h Place SE are Commercial-Mixed Use & Industrial Access streets. The existing right of way (ROW) width is 60 feet. As per complete streets (RMC 4-6- 060), the required ROW width for a 2 lane Commercial-Mixed Use & Industrial Access street is 69 feet. Therefore. BOW dedication of 4.5 feet, subject to final survey, is required to be provided by the development. As per complete streets a 0.5' wide curb, 8' wide planter strip, 6' wide sidewalk,8' wide parking lane, and 20 feet wide paved roadway is required on the streets. General Comments L All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. When utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, a permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. DEPARTMENT OF COMMUNITY AND ECONOMtc DEVELOPMENT MEMORANDUM DATE: July 11, 2013 TO: Pre-Application File No. 13-000771 FROM: Roca le Timmons, Senior Planner SUBJECT: Vantage Point Parcel #'s: 322305-9362 and 322305-9363 General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the app 1icant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on line at www.rentonwa.gov Project Proposal: The site is located to the west of 108th Avenue SE, a principal arterial also known as State Route 515, and south/southwest of Sf 180lh Street/lOSth Place SE, an urban neighborhood collector. The project site totals 3.03 acres in area and is located within the Residential Multi-Family (RM-F) 20ne. The proposal is the develop to site with 77 apartment units, in two structures, for the King County Housing Authority. The applicant is proposing a total of 78 surface parking stalls in two parking lots; one to the north of Building 2 and one to the east of Bui/ding 1. Access to the site is proposed via four curb cuts along 10s'' Place SE and SE 18D'h St. The site contains critical slopes and small wetland. Current Use: The property is currently vacant. Zoning: The property is located within the Residential Multi-Family {RMF) land use designation and the Residential Multi-Family (RM-F) 20ning classification. The project would be subject to RMC 4-2-llOA, "Development Standards for Residential Zoning Designations" effective at the time of complete application (noted as "RM-F standards" herein). As part of the approved Vantage Glen Short Plat (LUAOS-137) the proposal is vested to King County's R-12 zoning designation development standards. If the applicant intends on using the vested King County development standards for the multi-family project; the applicant will also be required to comply with all King County regulations for that project, specifically including but i:\rtimmons\preapps\13-000771 (rm-f kcha vantage glen).doc Vantage Point Page2of7 July 11, 2013 not limited to: KCC 21A.12 -Density and Dimensions; KCC 21A.14 -Development Standards/Design Requirements; KCC 21A.24 -Critical Areas; KCC 21A.43-Impact Fees; 2005 King County Surface Water Design Manual; 2007 King County Road Construction Manual; etc. The applicant may opt to not vest to the King County development regulations; whereby development would be subject to the code provisions of the Renton Municipal Code. The following comments are based on the Renton Municipal Code. Attached residential development is permitted within the RM-F designation, provided the proposal complies with the density range specified by the zone. The density range required in the RM-F zone is a minimum of 10.0 to a maximum of 20.0 dwelling units per net acre (du/ac). The area of public and private streets and critical areas would be deducted from the gross site area to determine the "net" site area prior to calculating density. The pre-application packet did not indicate the total square footage of the right-of-way that would be required to be dedicated; therefore the net density could not be confirmed. The gross density for the 77-unit proposal would be 23.33 du/acre, which _does not fall within the permitted density range of the RM-F zone. However, the applicant is eligible for the Density Bonus Review per RMC 4-9-065. Up to a maximum of 5 additional dwelling units per net acre are allowed. To qualify for the density bonus, the applicant shall first provide 1 affordable housing unit (per net acre), either for sale or rental. Additional bonus units {per net acre) may be achieved on a 1:1 ratio for either: (i) Affordable housing units, either for sale or rental, or (ii) Units built to Built Green 3 Star (at minimum) building standards. Higher Built Green standards are allowed and may receive a greater density bonus upon review and approval of the Planning Director. Combinations of the above are allowed; provided, that at least 1 unit of affordable housing (per net acre) is provided. For example, 2 units of affordable housing and 2 units built to Built Green 3 Star standards would achieve a density bonus of 4 units. Minimum Lot Size. Width and Depth -There is no minimum lot size required for the RM-F ,one. The minimum lot width required is 50 feet and the minimum lot depth required is 65 feet. The applicant has requested a lot line adjustment in order to remove the lot line between the Critical Area Tract created as part of the Vantage Glen Short Plat (LUA08-137). While the Critical Area Tract cannot be removed altogether, the boundary may be adjusted as long as the critical area is contained within the tract and the minimum lot dimensions for the primary parcel are maintained. Building Standards -The RM-F zone restricts building height to 35 feet and 3 stories. Lot coverage is limited to 35% and impervious surface coverage is limited to a maximum of 75%. The applicant did not provide elevations to scale for the proposed buildings therefore the height could not be verified. The applicant should note that height is measur_ed from the existing grade plane to the average height of the highest roof surface. Lot coverage ratios were not provided with the pre-application packet; therefore staff could not confirm compliance with the building i:\rtimmons\preapps\13-000771 (rm-f kcha vantage glen).doc Vantage Point Page 3 of7 July 11, 2013 standards for the RM-F zone. The applicant will be required at the time of formal land use application to provide elevations and lot coverage calculations of Jar the proposal. Setbacks -Setbacks are the minimum required distance between the building footprint and the property line and any private access easement. The required setbacks in the RM-F zone are 20 feet in the front, 15 feet in the rear, 20 feet for side yards along-a-street and 12 feet for an interior side yard setback. Additional ·interior side yard setbacks apply to structures greater than 2 stories: The entire structure shall be set back an additional 1 foot for each story in excess of 2 stories. The applicant has proposed an interior side yard setback of 12 feet at the closest point. The proposal appears to comply with the setback requirements of the zone. Screening -Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The site plan application will need to include elevations and details for the proposed methods of screening. Refuse and Recycling Areas-Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). All new developments for multi-family residences, commercial, industrial and other nonresidential uses shall provide on-site refuse and recyclables deposit areas and collection points for collection of refuse and recyclables in compliance with the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). Whenever there are practical difficulties involved in carrying out the provisions of this section, modifications may be granted for individual cases in accordance with the procedures and review criteria in RMC 4-9-2500 .. Landscaping -Except for critical ·areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. The applicant would be required to provide a 10-foot on-site landscape strip along the frontage of the site. Additionally, surface parking lots with more than 50 stalls shall include and additional 25 square feet of interior landscaping per parking space. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D.12, shall be submitted at the time of application for Site Pion Review. Parking -The following ratios would be applicable to the site: Use ti. Qf Units Ratio Required Spaces Affordable Attached 77 units Min 1 space/ 4 units Min:77 Residential I Max: 1.75 spaces/ unit I Max: 135 -- The applicant is proposing to provide a total of 77 parking spaces which falls within the allowable range. The applicant will be required at the time of formal land use application to provide detailed parking information (i.e. stall and drive aisle dimensions) and calculations of the subject site and the overall campus use. If the proposal provides more or less parking than required by code, a request for a parking modification would need to be applied for and i:\rtimmons\preapps\13-000771 {rm-f kcha vantage glen).doc Vantage Point Page 4 of 7 July 11, 2013 granted. This detailed written request should be submitted by the applicant along with or prior to the land use application process. It should be noted that the parking regulations specify standard stall dimensions. Surface parking stalls must be a minimum of 9 feet x 20 feet, compact dimensions of BY, feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet; compact surface parking spaces shall not account for more than 30 percent of the spaces in the surface parking lots. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Please refer to landscape regulations (RMC 4-4-070 and RMC 4-4-080F.7) for further general and specific landscape requirements (enclosed). Additionally, the proposal would need to be revised in order to provide bicycle parking based on 10 % of the required number of parking stalls. Access -Driveway widths are limited by the driveway standards, in RMC 4-40801. Pedestrian Access -A pedestrian connection shall be provided from all public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. Building Design Standards -Compliance with Urban Design Regulations, District 'B', is required. See the attached checklist and Renton Municipal Code section 4s3-100. The following bullets are a few of the standards outlined in the regulations. • A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. • Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. • The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. • All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. • On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (SO%) of t_he portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.ISf): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. • Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. i:\rtimmons\preapps\13'000771 (rm-f kcha vantage glen).doc Vantage Point Page 5 of7 July 11, 2013 Critical Areas -The site contains protected slopes (40% plus) and sensitive slopes (20% -40%). Development is prohibited on protected slopes. This restriction is not intended to prevent the development of property that includes forty percent (40%) or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. The proposal appears to include grading within protected slopes. Therefore, a Critical Areas Reasonable Use Variance would be required. Special Review Criteria for the Reasonable Use Variance are the following: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; d. The need for the variance is not the result of actions of the applicant or property owner; and e. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. The applicant is required to provide an updated geo-techinical report as part of the formal land use application. Additionally, there is a small wetland located on site. A wetland report delineating and classifying the wetland (conducted in the last five years) is required to be submitted with the formal land use application. All critical areas and buffers are required to be placed in a Native Growth Protection Easement (NGPE). Environmental Review The proposed project would be subject to Washington State Environmental Policy Act (SEPA) review due to the size of the project and critical areas on site. Therefore, an environmental checklist is a submittal requirement. An environmental determination will be made by the Renton Environmental Review Committee. This determinati_on is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. Permit Requirements The proposal would require an Administrative Site Plan Review, Environmental Review, and a Critical Area Variance. Additionally, the applicant may also seek a Lot Line Adjustment. This can be reviewed concurrently with the Site Pian Review. The purpose of the Site Plan process is the detailed arrangement of project elements so as to be compatible with the physical characteristics of a site and with the surrounding area. An additional purpose of Site Plan is to ensure quality development consistent with City goals and policies. General review criteria includes: i:\rtimmons\preapps\13-000771 (rm-f kcha vantage glen).doc Vantage Point Page 6 of7 July 11, 2013 a. Compliance and Consistency. Conformance with plans, policies, regulations and approvals, including: b. Off-Site Impacts. Mitigation of impacts to surrounding properties and uses. c. On-Site Impacts. Mitigation of impacts to the site. d. Access and Circulation. Safe and efficient access and circulation for all users. e. Open Space. Incorporation of public and private open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site; f. Views and Public Access. Provision of view corridors to shore lines and Mt. Rainier, incorporates public access to shorelines, and arranges project elements to protect existing natural systems where applicable. g. Services and Infrastructure. Availability of public services and facilities to accommodate the proposed use; h. Signage. Use of signs primarily for the purpose of identification and management of sign elements -such as the number, size, brightness, lighting intensity, and location - to complement the visua I character of the surrounding area, avoid visual cl utter and distraction, and appear in proportion to the building and site to which they pertain; and i. Phasing. Inclusion of a detailed sequencing plan with development phases and estimated time frames, if applicable. The applicant will also be subject to Design Review as part of the Site Plan Review and a Design Checklist shall be completed and submitted as part of the application materials. All applications can be reviewed concurrently in an estimated time frame of 12 weeks once a complete application is accepted. The Site Plan Review application fee is also $1,000. The application fee for SEPA Review {Environmental Checklist) is $1,000. The Critical Area Variance application fee is $1,200 and the Lot Line Adjustment would be $450. There will also be a technology fee, of 3 %, based on the total land use application fees for the project. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. Impact/Mitigation Fees: In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee currently assessed at $388.00 per new multi-family unit. • A Transportation Mitigation Fee currently assessed at $435.75 per new condominium and $498.75 per new apartment. • A Parks Mitigation Fee currently assessed at $530.76 per new dwelling unit of a duplex. • A School District Impact Fee currently assessed at $1,274 per new multi-family unit. i:\rtimmons\preapps\13-000771 (rm-f kcha vantage glen).doc Vantage Point Page 7 of 7 July 11, 2013 Fees will change January 1, 2014. A handout listing all of the City's Development related fees in attached for your review. Expiration: Upon site plan approval, the site plan approval is valid for two years with a possible two-year extension. i:\rtimmons\preapps\13-000771 (rm-f kcha vantage glen).doc Project Name: Vantage Point Apartments Owner of Record / Applicant: Vantage Point Apartments Project Narrative King County Housing Authority (KCHA)-Owner Vantage Point Apartments, LLC -Applicant 600 Andover Park W Tukwila, WA 98188 Project Summary: The Owner and Applicant are requesting site plan review for the Vantage Point Apartments. Also associated with the site plan review application are applications for a lot line adjustment, critical area exemption, and street standards modification. The proposal includes construction of a 77-unit, federally assisted public housing development for seniors and persons with handicaps or disabilities. The units will be in one building with two wings. The building will be 4 story wood frame construction with underground and surface parking anticipated to include approximately 60 spaces for residents and ancillary parking for staff and visitors. The site includes two parcels totaling 5.02 acres. Lot 2 is a relatively level vacant parcel fronting along SE 180th St. and 105th Place SE Tract C-2 is a critical area tract containing a small Category IV wetland and steep slopes resulting from prior legal gravel mining. Development will be mostly limited to Lot 2, with some limited grading of the steep slope in Tract C-2 to support utilities and overall site development grading. The requested critical area exemption is to allow the grading of the steep slope. The lot line adjustment is being proposed to designate the critical areas that will remain after the proposed grading. · Project Location: The subject is located at 17901105th Place SE (SW Corner of SE 180th St. and 105th Place SE), Renton, WA 98055 (King County parcel numbers 322305-9362 and 322305-9363). The site is located directly across from the parking lot at the rear of the Fred Meyer store at Benson and Carr Rd. and adjacent to King County Housing Authority's Vantage Glen senior housing community. The site is located in the NW quarter of Section 32, Township 23N, Range 05E. See attached short plat for legal description and attached aerial map. Project History KCHA submitted a short plat application to King County in 2007 to subdivide the 39 acre Vantage Glen site into 2 lots (Lot 1 for the Vantage Glen senior housing community and Lot 2 for future development of up to 90 multi-family dwelling units). While the short plat application was under review, the site was annexed to the City on March 1, 2008. The short plat, which also included several tracts, was subsequently approved by the City through Short Plat LUA-08-137-SHPL in 2010 (Rec. No. 20100111900006). The parcels involved in the Vantage Point Apartments development are Nos. 322305- 9362 and 322305-9363. The parcels are also known as Lot 2 and Tract C-2 pursuant to the City of Renton Short Plat (LUA-08-137-SHPL). Note 20 on the Short Plat reserves the option for the Applicant to develop Lot 2 either under applicable King County development regulations allowing multi-family development to which it is vested, or to waive those rights and develop under City of Renton standards in effect on the date of application. The Applicant has chosen to develop the site under applicable County REC E j Vt-' ... FEB 21 Z0\4 regulations. Note 21 on the Short Plat acknowledged that the County minimum density requirements were based on a site-wide basis (Lot 1 and Lot 2), with a minimum density of 48 units for Lot 2. The development schemes for Lot 2 in the vested short plat application included a maximum of 90 units. See attached County Density Calculations. SEPA The subject proposal requires SEPA Environmental Review. The King County Housing Authority (KCHA) is lead agency for this review. The signed SEPA environmental checklist and the technical reports referenced in the checklist are included with the site plan review application. The KCHA anticipated issuing a SEPA threshold determination for the proposal in late February 2014. Existing Site Use: Vacant. Lot 2 is grass covered and without trees. Trees along the upper margins of Tract C-2 will be removed to accommodate grading. Zoning Designation: Lot 2 is currently zoned RM-F Residential Multi-Family. Tract C-2 is zoned RMH Residential Manufactured Homes. The vested County zoning designation for Lot 2 and Tract C-2 is R-12. Neighborhood Characteristics: 1. North -Existing Multifamily Housing, zoned CA Commercial Arterial 2. East -Fred Meyer Retail and Parking, zoned CA Commercial Arterial 3. South -Vantage Glen, senior manufactured housing community, zoned RMH 4. West -Vantage Glen, senior manufactured housing community, zoned RMH Site Area: 5.02 acres Area of Work: The site contains two parcels. Lot 2, which fronts along SE 180th Street and 105th Place SE, is a cleared, grass-covered, relatively level site of 3.304 acres upon which all of the grading, buildings, parking, fire access roads and landscaping will be developed. Tract C-2, contains 1.716 acres, which wrap around the eastern and southern boundaries of Lot 2. Tract C-2 contains a small Category IV wetland and steep slopes. Except for grading for utilities and along the very top of the slopes, no work or alterations is proposed for Tract C-2. Access and Street Standards Modification: Site access is via SE 180th Street and 105th Place SE. The proposal includes a right-of-way dedication of 4.5 feet, as required for a 2 lane Commercial -Mixed Use & Industrial Access Street. A modification to some of the Commercial-Mixed Use & Industrial Access street standards in RMC 4-6-060 is proposed, as shown on the site plan review application plans and described in the attached modification request. In regard to fire access protection, the City has granted preliminary approval for use of grasscrete as an alternate design for fire access (see February 12, 2014 email from Corey W. Thomas, City of Renton Fire Department). Special Site Features: The site includes steep slopes which were created as a result of legal gravel mining activities in the 1960's. The area of steep slopes is located in Tract C-2. The NW edge of Tract C-2 also contains a small, 550 square foot Category IV wetland. No construction or regrading is proposed with the wetland or its required buffer, and subsequently, no mitigation is proposed. Critical Areas Exemption: The proposal includes alteration (re-grading) of the steep slope areas on the site, as allowed by the vested County code (KCC 21A.24.310.D.2.). While vested to County critical area development regulations, review of the alteration is subject to City processes and will be reviewed as a Type I Critical Area Exemption. The existing steep slope area currently totals 51,851 square feet. The grading of the steep slope, estimated at 8,858 square feet, will occur in the upper zone of the steep slope area. After grading, steep slope critical areas will total 41,996 square feet. See Figures 5 & 6 in the January 14, 2014 Geological Hazards Report by Geo Design, Inc. lot line Adjustment: A lot line adjustment is being proposed for the boundary between Lot 2 and Tract C-2. The boundary between these two parcels was created through Short Plat LUA-08-137-SHPL in 2010 (Rec. No. 20100111900006). The line created with the short plat was not based on a survey of the critical areas. Note 24 on the Short Plat states that prior to any development of Lot 2 that the critical areas of Tract C-2 are to be surveyed and delineated and that future development of Lot 2 is subject to applicable critical area requirements. The note also states that a boundary line adjustment process is required to revise the tract or lot boundaries accordingly. The proposed lot line adjustment is based on a delineation of the wetland and its buffer and the re-graded steep slope and its required buffer. All of these critical areas and their buffers are included within revised Tract C-2. The lot line adjustment also includes a right-of-way dedication of 4.5 feet from Lot 2, as required for a 2 lane Commercial -Mixed Use & Industrial Access Street. Soil Type and Drainage The undeveloped parcels have been extensively graded during legal aggregate mining activities during the 19SO's, through which the existing slopes were created. The sites slopes ascend gradually upwards from SE 180th Street and 105th Place SE to a ridge that generally defines the western and southern boundary between Lot 2 and Tract C-2. West and south of the ridge, on Tract C-2, the ground descends steeply down to the backyards of the Vantage Glen community homes on 104th Avenue SE and SE 181st Street. The slope gradients in this area vary from 40 percent to approximately 60 percent, with a change in elevation varying from 30 to 45 feet, and the slope meets the definition for steep slope geologic hazard areas as defined by the project's vested King County land use codes. Much of the site includes un-engineered fill as encountered in most of the exploration to depths ranging between 1.0 and 13.0 feet BGS. The fill generally consists of silt with varying amounts of sand, gravel, and construction debris and silty sand with minor gravel. The construction debris consists of concrete pieces, concrete slabs, brick and mortar pieces, and copper pipes. Based on SPT blow counts, Dames & Moore blow counts, pocket penetrometer readings, and nuclear density gauge readings, the fill density ranges from soft to very stiff. The native soil below the fill consists of intermixed sand, silt, and gravel that were all deposited by glaciers. These soils are generally all glacially consolidated; the sand is loose to very dense and the silt is stiff to very stiff or hard. The sand contains varying amounts of silt, generally from approximately 5 to 20 percent by weight. Proposed Use and Development Scope The development will be operated as a senior assisted living facility. Seventy-seven units, including 72 one-bedroom and 5 two-bedroom residential units, will be constructed in two, 4-story, wood frame wings of a single building, with four elevators, large and small community gathering spaces, outdoor activity spaces and both covered and surface parking. The ends of the building, with 32 and 45 units each, will be connected by a common entry, site management offices and community space. The project will include specialized spaces for health and recreational activities for frail elderly and handicapped residents. The project will include 56 spaces for residents and ancillary parking for staff and visitors. The entire development parcel fronts along SE 180th Street and 105th Place SE. Access and egress to the site is proposed at three points along the road to access surface parking on the Northern and Eastern ends of the L-shaped parcel, and to a circular drop off entrance in the center. Proposed Off-Site Improvements On the property frontage on 105th Place SE and SE 180th Street Sa new sidewalk, two new fire hydrants, and new street lights are proposed. New street trees and lower plantings are proposed for the new planting strip next to the new sidewalk. Portions of these two streets and existing sidewalks that are impacted by the new construction and connections to existing utility lines (communications, electric power, water, gas, and storm drain) will be restored per the City of Renton's standards. Connection to the sanitary sewer will be on 181Street S. to the southwest of the property. The impacted area of this right of way will also be restored. Public Services: The proposal includes housing exclusively for the elderly and the Applicant requests that the proposal be exempt for the application of school impact fees. Utilities and Services: Gas-PSE Electricity-PSE Water & Sewer -Soos Creek Water District Postal Service -USPS. Note that the Postal Service has approved placement of the mailboxes inside the building. Cost: Total estimated construction cost is $17,500,000. Estimated fair market value of project when completed is approximately $22,000,000 Fill & Excavation: Site preparation will include stripping and subgrade preparation to prepare the site for grading and fill placement in order to establish the required ground surface elevations. Approximately 23,000 CY of material is proposed to be cut and 1,100 CY of fill are proposed for a net cut of about 22,000 CY. Fill required to raise site grades in improved areas will consist of structural fill as recommended in the accompanying Geotechnical Report. On-site excavation spoils may be used as structural fill, dependent upon the material composition and weather conditions, and in accordance with the recommendations in the Geotechnical report. . ' . Trees: The majority of the Lot 2 site is cleared and covered in grass that will be removed for construction. A stand of trees exists on the steep slopes of the Critical Area Tract, and most of those will remain undisturbed. Removal of trees and shrubs along the upper 10-15' of the vegetated sloped area will be required to accommodate grading activities. While the vested County code does not limit the number of trees that may be removed from the site (i.e., no tree retention requirements), the removal of trees has been limited to the upper area of the slope where grading is proposed. Land to be Dedicated to the City: The applicant intends to dedicate a 4.5' strip along SE 180th Street and 105th Place SE to the City of Renton for public right of way. Sales Buildings/ Job Shacks: No sales trailers or model homes are proposed. Temporary construction job shacks are expected during construction and will be placed on the property as described in the Construction Mitigation Description. Construction Mitigation Description Vantage Point Apartments 179011051h Place SE, Renton WA Project Number 13-000771 TONKIN architecture The proposed construction is expected to start in mid May 2014. Construction is expected to be completed by the end of October 2015. Construction activities will be restricted to the hours of 7:00 am to 8:00 pm Monday through Friday. Any work on Saturdays will be limited to the house of 9:00 am to 8:00 pm. No work will occur on Sundays. All hauling will be limited to 8:30 am to 3:30 pm Monday through Friday. Due to the topography of the site, two construction entrances are proposed. These will be shown on the TESC plan, which will be included in the building permit submittal. Construction traffic is expected to approach site from Washington State Route 167. As shown on the map below, all proposed routes from SR 167 are along SE Carr Road. The proposed primary route to the site from SE Carr Road is on Benson Road S to SE 180'" Street to the either of the two construction entrances. All of the turns at street intersections along this route are controlled by traffic lights. A proposed alternate route to the site from SE Carr Road is to turn right on to 105'" Place SE and proceed directly to the site. Since there is no light at the intersection of SE Carr Road and 105'" Place SE and left turns are not allowed onto SE Carr Road from 1051 " Place SE, this route is only proposed for approaching the site and is not proposed for leaving the site. No truck compression brakes or Jake brakes are to be used. -Secondary route only to site ,...,- Proposed Construction Transportation Routes to and from Two Construction Entrances ,-'i ,:, , .. , .. ,. 204 First Avenue South, Seattle, Washington 98104 I 206-624-7880 I www.tonkinarchitectur,ico"m The two proposed construction entrances are to be stabilized with 4" to 8" quarry spalls with a depth of 12" for a minimum of 100 feet from the public streets. If dust from construction traffic is not minimized sufficiently through the use of quarry spalls, wheel washes will be installed. To minimize other impacts from construction activities standard TESC measures will be implemented such as a temporary construction fence surrounding the property and a silt fence to control erosion. Check dams and an interceptor swale are also proposed. More detail on these measures will be included in the building permit submittal. No special hours for construction or hauling are proposed. Much of the proposed construction activity is expected to occur directly on the site and not in the public way. For activities that impact the public right of way, such as the required construction of a new sidewalk and connections to utilities, the general contractor will submit a detailed traffic control plan to the City's Public Works Department. Detailed traffic control plans will be submitted to the City a minimum of three working days before any work in the public way is scheduled to occur. If the work impacts a school bus route, the contractor will notify the Renton School District. Work zone traffic control shall follow the standards of the Manual on Uniform Traffic Control Devices. If a sidewalk is impacted by the work, assistance and accommodation of pedestrian traffic shall be provided. 2 Board of Commissioners DOUG BARNES, Chair MICHAEL BROWN, Vice-Chair TERRY MCLLARKY RICHARD MITCHELL SUSAN PALMER Executive Director STEPHEN J_ NORMAN t!t KING COUNTY HOUSING AUTHORITY City of Renton Planning Division 1055 S. Grady Way Renton, WA 98057 Re: Request for Street Standards Modification Dear Mr. Vincent: February 21, 2014 This letter is a request for modification of the City's Street Standards (RMC 4-6-060) for the proposed Vantage Point Apartment project to be located on parcels #322305-9362 and #322305-9363 on the south and west side of SE 180th Street and 105th Place SE. A full description of the requested modification is included in the enclosed narrative and related supporting documents. The required application fee of$103.00 is included within a check for $2,626.50 submitted for this request along with the site plan review and a lot line adjustment for the project. If you have any questions or need additional information in support of this request, please contact me at (206) 574-1198. Sincerely, ~hvk Tim Locke Project Manager Cc: Roca le Timmons, City of Renton Enclosures 600 ANDOVER PARK WEST• SEATTLE, WASHINGTON 98188-3326 PHONE (206) 574-1100 • FAX (206) 574-1104 EQUAL HOUSING OPPORTUNITY RECFl\!C:'- FEB 2 :i c~ . CITY OF RENTC IJJ.ANNING OiVISi(Jr\1 \ "' \\ \\ \\ ' \\ \\ q ' "' '.\ \\ " ,, \\ \i, " \i " " ' ' ' ' ' ' /i n // " " " " ,, ,, /i " " " :i u ,, :i ,, u ,, " " " Ii ,, ,' " " ,, ;i ,, Ii }/ 'i /i u \ ' \ \ \ \ 0 . . C \.'- ' l \~ "- "- " "- \ ' \ o!WNAGE PONO w "' ~ i ;, -c.. ---NEW f------·-r:~.~-~·~1 __.,/t·---.... .i.,_ SIDEWALK STREET UGHTON 1~DAV1TPOLE PER RENTON STANDARDS \, ',"' \ '-' ' ,", . '. ,\.___ ', ' ·-~ ''-, ' ----.::::-_ ' .. -----',,. ..., ---- LJ FRED MEYER PARKING LOT --- -~ - -.._ .............. ----- "-··----......._ --_________ _:_::~~~-:/ ---'"" _______ _ "- ~ BIOSWALE RTY LINE I I 2'-0' ----t-t-=-~STREET LIGHT I PLANT!,o STRIP l~aew"" I STREET I ~ I I 4'-6" j~OLOPROPERTY LINE OVERHANG OVER STREET ® SECTIONAL VIEW OF SIDEWALK = SE 1801H STREET / / REc~-/// . ,,,_ I " / / ..,_ . . .. ,,.-/ I ~·/· _..,..-FEB211 .,-_,..-(v20/t c:ry OF /?f\n _. SITE PLAN WITH PROPOSED STRE~TNDEt,tAT'IGN .. ., 1,'64"=1'-0" n-r. z S2 z .. ~ : c"' s:~ oi~ '13NE !! N 0 .,; '£ " ·l!: ! ii N a ~ ... ~ .;I J!i ~ ~~s ;.: '81· .N ••o NC.. en z I-~ z C!) wz ~I ~i <( z a..~ <( r5 I-c:::_ zw -en ow a..~ w a.. C) I <( I,; I-$! z- <( ~ >- -- z ~~ -<.!) O::z 0 :i: ::c~ I-s: ::::> :5 <(_ (9 ~ z::, -,_ en . ::::> l-o ta ::c ;;: ~~ z ct ::::> 0::: ow og (9 z z <( :.::: 8 <O DEV. RfQJEST 02/1~14 --SITEWIT!i PROPOSED STREET DEV. SCALE· 11&4": 1'.-0' PlOTDATE: 02/10/14 r.AD Fllf: PROJ. MGR· LT, PD llRAITTR PO -~ A1.0 uQ :--4 ~-< ,'\ , ::... .. , •.1 r-,;a <m [7, z --4 ~o z q --" ()1 q <.,.) C) q O') C) C) )> C) ----lo. C) :1< ~ () q ""Tl rr, CIJ t-:i -~ = ~ z ~ ~ )> ""U :::0 m () n, --< m 0 ~ r~r ~ ~~2~ "'t-;ln ~. --,,, "iii ~.~ @ -: ~ ~i ~ ~1 0 ~ ~ ! ;; i :;! ~ § ! s:: > "U I ~ ~ VAN TAGE PO INT APARTMENTS 17901105 TH PLA CE SE, RE NTON WAS HINGTON KING COUNTY HOUSING AU THORITY 600 ANDOV ER PARK WEST, TUKWILA WAS HI NGTON TONKIN architecture 204 First Avenue South, Seattl e. WA 98104 P 206-624-7880 I F 206-622-1766 www.tonki narchitectu re.co m WOYaJnJJill!4JJeu,~UOl 'M/M\ 99l t ·ZZ9·90Z ~ I 0 88l·'1Z9·90Z d '10t86 VM ·a1ueas 41no5 anUilh'lf l SJ\~ '10Z Nl>tNOl 'r/M \fl lM>l nl '1S 3M >l c:l'r/d c:1 3/\00N'r/ 009 Allc:IO Hln'r/ 8N 1SnOH AlNnOJ 8N l>l N018NIHSVM 'N01N 3c:l '3S 3J\fld HlSO~ ~06H S1 N3V'J1tJ\fd\f lNIOd 38\f lN\f /\ w ;;! u <I) 0 >->-0 z s w > _J <( 0:: w <( I I- 0:: 0 z ~ C) 0) <( LU 0 UJ Q:: ~ ..: u "' 0 >-,-. 0 z s w > _J <( 0:: w <( I I- ::) 0 (/) z 0 f'.= 0 n:: ::J on:: u.~ 1-Z 00 zo -1 ~ en w LJ... I VANTAGE POINT APARTMENTS STREET STANDARDS MODIFICATION REQUEST Overview of Vantage Point The King County Housing Authority (KCHA) Vantage Point Apartments project is proposed on a vacant site on the south and west side of SE 180th Street and 105th Place SE. The site is located directly across from the rear of the Fred Meyer store at Benson and Carr Rd (east), adjacent to KCHA's Vantage Glen senior housing community (south and west), and adjacent to an existing multi-family housing development (north). See attached aerial Vicinity Map. The proposal is to construct 77 units of affordable rental housing for low income seniors, constructed in one L-shaped building, with two, 4-story, wood frame building wings containing of 32 and 45 units, and connected by a two store common area to include site offices and community spaces. The majority of the parking provided under the proposed buildings. See attached Building Elevations. The proposal includes a right-of-way dedication of 4.5 feet, as required for a 2 lane Commercial -Mixed Use & Industrial Access Street. A modification to some of the Commercial -Mixed Use & Industrial Access street standards in RMC 4-6-060 is proposed, as shown on the attached plans and described below. The narrative below explains how the requested modification satisfies the criteria in RMC 4-9- 250.D.2. Description of Commercial -Mixed Use & Industrial Access Modification Request The design for Vantage Point includes a request to modify the following Commercial -Mixed Use & Industrial Access Street Standards in RMC 4-6-060: >-Maintain the existing 18-foot wide travel lane and 6-inch curb >-Extend and construct a 6-foot wide sidewalk directly adjacent to the ex1stmg curb, consistent with all other properties along both sides of SE 180th Street and 105th Place SE >-Maintain the existing no-parking restriction >-Construct a 10-foot wide planting strip with street trees in the existing and proposed dedicated right-of-way. Street Standards Modification Request Page 1 RECEIVED FEB 2 J 2014 CITY C, ? .v:·or' PLANNING oiv,;,~,, '" Vantage Point Apartments February 2014 The photos below show the existing street improvements in relation to the proposed development site. The description includes a summary of the requested modifications. Street Standards Modification Request Page 2 Looking Westrom sidewalk east of Vantage Glen Senior Housing access -the Modification proposes to maintain existing travel lane and extend the existing sidewalk adjacent to curb, and to add a planting strip and street trees behind the extended sidewalk. Looking West from Fred Meyer at existing multifamily apartments directly to the north of site property -the Modification proposes to maintain existing travel lane and extend the sidewalk adjacent to curb to match the existing sidewalks on the remainder of the block. Looking North across from the development site, on the Fred Meyer side of I 05"' Pl SE -the Modification proposes to retain no-parking signage which currently exists on the project side of the street, and is consistent with Fred Meyer frontage. V antagc Point Apartments February 2014 . . . • The photo below, from the KCHA Greenbridge redevelopment, shows an example of the sidewalk located adjacent to the curb with a planting strip that is integrated with adjacent landscaping and storm water drainage facilities. KCHA Greenbridge Redevelopment Justification for Street Modification Request and Applicable Criteria The decision criteria in RMC 4-9-250 D.2.a-fstates that "Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a ,pecific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: Justification: The Vantage Point site is the only remaining vacant parcel along the entire street that fronts the development. There are practical difficulties associated with deconstructing this segment of the existing roadway and widening half of the existing road frontage with full street frontage improvements, including: ~ transportation safety difficulties associated with a wider street frontage on a segment of road that changes from a north/south direction to an easUwest direction, then transitioning to a narrower existing road corridor at either end of the street ~ relocating the existing storm water catch basins, and ~ limited development area for managing additional impervious surfaces that are required to meet the City's storm water flow control standards for a forested site a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; Street Standards Modification Request Page 3 Vantage Point Apartments rebruary 2014 • Justification: The proposed modification furthers the Comprehensive Plan Land Use Element, including promoting new development that offer a variety of housing types for a population diverse in age, income, and lifestyle (Goal 7d). The modification allows KCHA to construct new senior housing that meets the development's housing affordability requirements, by directing development costs to required on-site storm water management facilities, underground parking, and enhanced building architectural elements. The modification is the minimum adjustment necessary and does not interfere with other site plan and building design elements that further the Comprehensive Plan Community Design Element goals listed below: I. To raise the aesthetic quality of the City. 2. To strengthen the economy through high quality development. 3. To ensure that a high quality of life is maintained as Renton evolves. " b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; Justification: The proposed design has been prepared and evaluated by KPFF Consulting Engineers. See attached plans and sections. The modified street section will meet the functional requirements for safe and efficient movement of vehicles and pedestrians, and provide for efficient construction and installation of street lighting, utilities and storm water management facilities. The modification will also meet aesthetic objectives by providing a well-designed street scape that includes an enhanced landscape area between the street and new affordable housing. This landscaped area will include street trees along the entire frontage, including coordination of the street tree planting with the adjacent development open space and storm water drainage bioswale. c. Will not be injurious to other property(ies) in the vicinity; Justification: The existing SE 180th Street and I 05th Place SE travel way is proposed to remain unchanged so the modification will not be injurious to other properties in the vicinity. As the proposed sidewalk will connect to the existing sidewalks adjacent to the street at both the North and East ends of the property, it will not be injurious to either adjoining properties. d. Conforms to the intent and purpose of the Code; Justification: RMC 4-6-060 states that the purpose of the street standards is "to establish design standards and development requirements for street improvements to ensure reasonable and safe access to public and private properties. These improvements include appropriately scaled sidewalks related to the urban context, a range of landscape bu,ffers, curbs, gutters, street paving, monumentation, signage, and lighting, to be developed with complete streets principles. Complete streets principles are to plan, design, and operate streets to enable sqfe Street Standards Modification Request Page 4 Vantage Point Apartments February 2014 • and convenient access and travel for all users including pedestrians, bicyclists, transit riders, and people of all ages and abililies, as well as freight and motor vehicle drivers, and to foster a sense of place in !he public realm with attractive design amenities". The modification conforms to this purpose, as described below. };> Maintaining the existing street, which is fully functional for vehicular travel and includes curbs, gutters and storm water drainage, is reasonable and safe. The extension of the sidewalk maintains the existing urban context and provides for safe pedestrian access. ? Maintaining the reduced street dimensions, no parking, and sidewalk location contributes to calming of traffic, an overall reduction in impervious area with resultant drainage benefits, and enhanced, wider landscaping between the street and proposed housing. ? The modification allows KCHA to maximize housing affordability and direct development resources to design features that achieve a higher quality urban environment ( e.g., use of underground parking, installation and maintenance of enhanced landscaping, attractive building design). e. Can be shown lo be juslijied and required for the use and situation intended; and Justification: The length of the street segment from SE Carr Road/SE 1761h Street to Benson Drive/108 1 h Avenue SE is approximately 2,000 linear feet (approximately 4,000 total linear feet for both sides). The entire length of the street is currently developed with a street travel way approximately 36 feet wide (18 feet from centerline) with a sidewalk adjacent to the curb. Except for the Vantage Point site, the development adjacent to the street is fully developed with economically stable commercial or residential uses (see aerial Vicinity Map). Maintaining the current travel lane and extending the existing sidewalk design for the proposed Vantage Point senior housing is justified, as the frontage for the site is less than 20% of the total street frontage. f Will not create adverse impacts to other property(ies) in the vicinity. " Justification: The existing SE 180th Street and I 05th Place SE travel way is proposed to remain unchanged. No adverse impacts would occur where no change is proposed and the number of new vehicular trips from the development would be less than 31 peak hour trips ( cRH2 Engineering Analysis dated November 6, 2013). In addition, the modification will reduce the impact that could have occurred from new impervious surfaces from street widening, thereby helping to protect the downstream natural drainage systems. Conclusion The overall purpose of the modified street standards is to maintain and complete the existing street corridor, calm traffic, provide for pedestrian connectivity, and increase area for integrated storm water facilities, street tree planting and open space. While the modified street section will vary some City standards, the modification would be individual to this site as the street frontage on the remainder of the street is fully constructed. The modified street section will meet the Street Standards Modification Request Page 5 Vantage Point Apartments February 2014 functional requirements for safe and efficient movement of vehicles and pedestrians, and will provide a well-designed street scape that includes an enhanced landscape area between the street and new affordable housing. In addition, the modification also allows KCHA to achieve the development's housing affordability goals, by directing development costs to required storm water management facilities, underground parking, and enhanced building architectural elements. List of attachments in support of modification: Aerial Vicinity Map -Existing Prospective Aerial View Architectural Site Plan with Section Civil Site Plan with Cross Sections Traffic Report (by RH2 Engineering) Street Standards Modification Request Page 6 Vantage Point Apartments February 2014 • RH2 TECHNICAL Memorandum Client: King County Housing Authority Project: Vantage Point Project File: KCHA 509.038 Composed by: Erik Howe, P.E. Project Manager: Erik Howe, P.E. Reviewed by: Randy Asplund, P.E./Mark Miller, P.E. l~EC:fJ\lED FEB 2 J zo14 Subject: Vantage Point Traffic Evaluation Date: November 6, 2013 Background This memorandum presents the average vehicle trip ends for a proposed rental housing project designated to senior citizens and people with disabilities. The remainder of this section includes a project and site location description and a summary of the peak hour trip generation results. The proposed senior housing project, managed by the King County Housing Authority, will include 5 two-bedroom units and 72 one-bedroom units, for a total of 77 dwelling units. The site is located at approximately 17847-17899 105'h Place SE Renton, WA 98055. It is proposed that the site will gain access to the public street system through four driveways along 105"' Place SE and SE 180'h Street. Two of these driveways consist of a drop off and vehicle turnaround to allow for quick drop offs and access for emergency vehicles. See attached Sheet 1 -Plan View, with Vicinity Map. The proposed senior housing project can be accessed through two major roadways, SE Carr Road/SE 176'h Street to the north and 108'h Avenue SE to the east. SE Carr Road/SE 176"' Street is functionally classified as an urban Principal Arterial. Benson Drive/108"' Avenue SE is functionally classified as an urban Minor Atterial. Traffic leaving the proposed senior housing project from 105'h Place SE to the north turning onto SE Carr Road/SE 176'h Street can only make a right turn (eastbound) due to the existing channelization. Traffic coming to the proposed facility from SE Carr Road /SE 176"' Street can turn onto 105'h Place SE from both the east and west utilizing the existing turn lanes. At the east end of SE 180'h Street, a signalized intersection connects traffic to Benson Drive/108'h Avenue SE. Traffic can enter and exit SE 180"' Street in all directions at this intersection. 11/7/2013 H2 PM J;\data\KCHA \Final_Technical Memorandum_ Vamagc Poim_Traffic EYaluation_ 11-07-2013.docx Vantage Point Traffic Evaluation Page 2 Trip Generation and Distribution Trip generation for the proposed project site was estimated by using the Institute of Transportation Engineers Trip Generation Manual for Senior Adult Housing. Table 1 below shows the average vehicle trip during the peak A.M and P.M. hours on a weekday for 77 occupied dwelling units. It is expected that the new trips would be generally split to either to SE Carr Road/SE 176"' Street or Benson Drive/108'h Avenue SE. a e -np T bl 1 T. G eneratlon Time Average Vehicle Trip Ends Weekday A.M. Peak Hour 31 Weekday P.M. Peak Hour 24 Conclusion From these results, the total added number of trips is relatively low and will not have a significant impact on traffic flow on the adjacent streets or to or from the arterials. A Fred Meyer/ commercial shopping center is located directly across the road from the proposed site location. As the shopping center is oriented to SE Carr Road/SE 176'h Street and Benson Drive/108'h Avenue SE, the majority of trips from the shopping center are directed toward those roads and not toward lOS'h Place SE and SE 1 SO'h Street. SE Carr Road/SE 176'" Street and Benson Drive/108'h Avenue SE are currently high traffic areas. SE Carr Road leads to Valley Medical Center, while Benson Drive/108'h Avenue SE is a busy state route that connects the cities of Renton and Kent. The addition of up to 31 vehicles (A.M. peak hour) will likely have little effect on the directly adjacent street system. In addition, as these trips will generally be split to either SE Carr Road/SE 176'h Street or Benson Drive/108'" Avenue SE (approx. 15 trips to either intersection), there will likely be little effect on the arterials. Reference Institute of Transportation Engineers [ITE]. (2012). Trip generation manual (9'" ed., Vol. 2: Data). Washington, DC. Institute of Transportation Engineers. Signed: 11/6/2013 Signed: 11/6/2013 11/7/2013 1:42 PM J:\data\KCI IA \Final_Technical Memorandum_ Vantage Point_Traffic Ev-aluation_ 11-07-2013.docx , ! I i i j I ~ I i ! 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'"/ i '' , I : I I 20 '40 80 1 rldi ., 40 feel SHEET 1 CHAPTER 21A.06 TECHNICAL TERMS & LAND USE DEANITIONS KING COUNTY TITl.E 21AZONING SUMMARY I SECTION I TOPIC I REQUIREIENT / DEFINITION APPllCAIILE TO PROJECT ---f------------~---·------------------------~-- .1060 SENIOR CITIZEN A PERSON AGED 82 OR OLDER -----+-.~1062=---+=SEN=1=0R=c=1T1ZE==N~ASS==1s=TE=D--+-HOUS==1NG=1N=A=eu=1LD=1NG~co=NS=1s=T=1NG==OF=lWO=~OR=MORE===DWELL==IN~G~UN~1TS==OR SLEEPING UNITS- 21A.12 DENSITY & DIMENSIONS .030 .050 .170 21A.14 OESIGN REQUIREMENTS .090 .180 210 21A.18 LANDSCAPING& WATER USE .050 21A.18 PARKING & CIRCULATION .030 .110 HOUSING RESTRICTED TO OCCUPANCY BY AT LEAST ONE SENIOR CITIZEN PER UNIT, AND MAY INCi.UDE THE FOllOW1NG SUPPORT SERVICES, AS DEEMED NECESSARY: A. FOOD PREPARATION AND DINING AREAS; B. GROUP ACTIVITY AREAS; C. MEDICAL SUPERVISION; D. SIMILAR ACTIVITIES. MAX. DENSITY' 190 UNITS W/VESTED KING COUNTY SHORT Pl.AT APPLICATION· SEE SHORT PLAT SHEET 3 OF 3, #21 MIN. DENSITY ' I 48 MUl Tl FAMILY UNITS • SEE SHORT Pl.AT SHEET 3 OF 3, #21 (77-hclusir'II """" .. oposed) MIN.LOT AREA INONE (214,900 sf (4.93 acres) --dedlcalto11) (152,784 sf (3.50 acres) propooed lul area minus attlcal tract) MIN. LOT WIDTH 130' MIN. STREET SETBACK I 10' (24'-4' p,opooed, ..,.1/A1.01) MIN. INTERIOR SETBACK 15' (31'.()" pn:,posecl._ ... 1/A1 .01) BASE HEIGHT 160' (51'-1' p,opooed,..,. 2/A3.04) MAX. IMPERVIOUS SURFACE 185% (48.4% IOl8I proposed, 85.3% proposed on bull lul) BLDG. HEIGHT MEASUREMENT I MEASURED FROM AVG. FIN. GRADE TO HIGHEST POINT OF ROOF; AVG. ANISHED GRADE DETERMINED BY DELINEATING SMALLEST RECTANGLE WHICH CAN ENCLOSE THE BUtlDING AND THEN AVERAGING THE ELEVATIONS TAKEN AT THE MIDPOINT OF EACH SIDE OF THE RECTANGLE (..,. avg. llrilhed grade diagram) SETBACKS· PROJECTIONS & [FENCES AND RETAINING wAu.s 8' HOR LESS MAY PROJECT INTO OR BE LOCATED IN SETBACK STRUCTURES AU.OWED FACADE MODUI.ATION ON-SITE RECREATION STORAGE SPACE & COLLECTION FOR RECYCLABLES LANDSCAPING • STREET FRONTAGES LANDSCAPING· SURFACE PARKING AREAS REQ'D OFF-STREET PARKING SPACES OFF-STREET PARKING PLAN DESIGN STANDARDS· PARKING STAIJ. & AISLE DIMENSIONS ------------- 30' MAX LENGTH W/0 MOOULA TION; MODULATION DEPTH+ MODULATION WIDTH c NO LESS THAN 8', NEITHER DEPTH NOR WIDTH MAY BE LESSTHAN2' ( .... A2.02) RECREATION SPACE OF 90 SF PER 1BORM. UNIT AND 170 SF PER 2 BORM UNIT; INOOOR RECREATION AREAS MAY BE INCLUDED; FOR SENIOR CITIZEN ASSISTED HOUSING, INOOOR RECREATION AREAS MAY INCi.UDE SOCIAL AREAS, GAME AND CRAFT ROOMS, AND OTHER MULTIPURPOSE ENTERTAINMENT AND EDUCATION AREAS (7,330 sf required, 13,221 sf proposed,..,. recreation areas square foolage diagram) 1.5 SF PER DWELLING UNIT IN MUL TIPLE-OWELLING DEVELOPMENTS (116 sf requked, 295 sf provided); ONE COLLECTION POINT FOR EVERY 30 DWELLING UNITS (n/30=3 collec:tlon points; ..,. 3&<1/A-2.33) 10' OF TYPE 3 (70% DECIDUOUS TREES NO MORE THAN 30' O.C.) PROVIDED FOR GROUP RESIDENCE DEVELOPMENT ( .... landacape plan) RESIDENTIAL DEVELOPMENTS WITH COMMON PARKING AREAS TO PROVIDE Pl.ANTING AREAS AT20 SF PER PARKING STALL (see landacape plan) f', ,• w+..._, --·, "---crJ ---------------~-------_"-,_-::/j/£ SENIOR CITIZEN ASSISTED: 1 PER 2 DWELLING UNITS (77X.8)12-31 spaces" /-1:· r; 2 ' 1.5 PER 1 BORM (77x2)x1.Sa22 spaces" ' ·0 J 2 1.7PER2BORM (5x.2)x1.7"2"-" _ _ 0/4 "propooed pertdng for 20% of atandartl n,qulr8ment, 80% senior n,qulremenl '-' .• _--. . (55opacosn,quired.ao..,.ooopmpooed) -,. tr;,~~ I OFF-STREET PARKING AREAS SHALL NOT BE LOCATED MORE THAN 800' FR~ i( N OF PARKING AREAS SHALL BE LOCATED WITHIN 150' FROM BUILDING; '"•0,V 45 DEGREE PARKING: STALL 8.5'x1T MIN .. ORIVE AISLE 12' 1-WAY /2(12,WAY; 90 DEGREE PARKING: STALL 8.5'x18' MIN .. DRIVE AISLE 24' 1-WAY / 24' 2-WAY; COMPACT STALLS 8' WIDE, UP TO 50% OF PARKING MAY BE COMPACT; i I PARKING SPACES ABUTTING REC'D LANDSCAf'EO AREA ON DRIVER OR PASSENGER SIDE OF ~ VEHICLE SHALL PROVIDE ADOITIOtW.. 18' (""" 1/A1.03 & 1/A1.06) .060 RESIDENTIAL ZONE SIGNS ONE SIGN NOT EXCEEDING 2 SF IS PERMITTED; I! , ONE SIGN NOT EXCEEDING 32 SF IS PERMITTED, MAX HT. 8', MAY BE FREESTANDING OR MOUNTED ! ON A WAIJ., FENCE, OR OTHER STRUCTURE -· A1 .01d NOT FOR CONlzIB!.!!.IIQt!! ,,... ....... - '"""" - .... lT .. .. - ZONING SUMMARY VANTAGE POINT APARTMENTS 17901105TH PLACE SE, RENTON, WASHINGTON KING COUNTY HOUSING AUTHORITY 000 ANOOVER PARK WEST, TUKWILA WA ..... ,._ -,__---- TONKIN architecture 204 Flnt Awnua South SNalt, WA 91104 P Zo&.624·7880 IF 206-622-1766 www.~.com MEMORANDUM OF TRANSMITTAL TO: King County Department of Development and Environmental Services CC: Anna Nelson, AICP, GordonDerr LLP Mike Sivia, King County Housing Authority FROM: Megan Nelson GordonDerr LLP ~ ~ ~ 71 !7~ [Q) 2025 First Avenue, Suite 500 Seattle, WA 98121 (206) 382-9540 mnelson@gordonderr.com K.C. D.D.E.S. DATE: October 16, 2007 RE: Vantage Glen Short Plat Short Plat Application Submittal We transmit the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19, Land Use Permit Application Form Short Plat Application Date of Segregation Materials consisting of King County LLA File No. S92L0098 Subdivision Density & Dimension Calculations Title Report -Short Plat Certificate dated September 19, 2007 Soos Creek Water and Sewer District Certificate of Water Availability Soos Creek Water and Sewer District Certificate of Sewer Availability Level 1 Downstream Analysis dated 10/3/07 1nc. Fire District Receipt dated 10/2107 1'\' f. ·· /~J) Preliminary Application Fees -$6,091.31 Ff'< , , Current Assessor's Maps '· t , ; 1 < Affidavit Concerning Critical Areas Compliance c,rv , .· .... Geological Hazards Assessment dated October 9, 2007 ' •·· r ·. ,,; :)ilJ Addendum to Geological Hazards Assessment dated October 9, 2cfofNi·JJr,c, u,J1,,c,,, Aquatic Area Report dated September 2007 Wetland Report dated September 2007 Certificate of Transportation Concurrency dated September 12, 2007 Certification of Applicant Status Vantage Glen Multifamily Development Proposal, including Schemes A, 8 & C Y:\WP\KCHA-VGLEN\TRANSMITT AL MEM0.101607.SHORTPL.A TAPPLICATIONSUBMITTALMMN.DOC SUBDIVISION DENSITY & DIMENSION CALCULATIONS Total Site Area: 39 .29 acres or 1711886.86 sa ft I. Site Area III. Allowable Dwelling Units & Roundint:r IV. Required On-site Recreation Space V. Net Buildable Area VI. Minimum Urban Residential Density VII. Density Adjustments for Moderate Slopes Maximum Dwelling VIII. Units Allowed IX. Minimum Lot Area for Construction X. Lot Width Vantage Glen Short Plat File No. A07PM248 KING COUNTY ZONE CLASSIFICATIONS R-8 R-12 R-24 0.18 acres 38.07 acres 0.07 acres 8,013.70 sa ft 1,658,426.22 sa ft 2,956.73 sa ft 8 X .[8 = 1.44 12 X 38.07 = 456.84 24 X .07 = J.68 I allowable du 457 allowable du 2 allowable du NIA NIA NIA (No residential (No residential (No residential development at development at this development at this time) time) this time) 26.57 acres 0.18 acres (See attached 0.07 acres worksheet) 8x.18x85%= 255.072 min. urban 24x.07x70% = 1.224 min. urban residential density 1.176 min. urban residential density (See attached residential density worksheet) NIA NIA NIA (No residential (Does not apply to R-(Does not apply to development at 12 zone) R-24 zone) this time) NIA NIA NIA (No residential (No residential (No residential densitv incentives) densitv incentives) densitv incentives) 2,500 sq ft 2,500 sq ft (Proposed lot 2 is 2,500 sq ft 5.02 ac or 218,671.20 sq ft) NIA See attached map. NIA • I I l I I l j I j 1 j I VANT AGE GLEN KN3 Cf»(rY HOU8NG AU1HOFfTY eoG A100YER PARK WEST, SEATTI.E WA G8188 SITE PLAN • I • ® County t,_ ,-Jrtment of Development and Environmental Services Land Use Services Division Web date: 09/27/2006 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. File Number (To be filled in by ODES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 j out how to arrange for a pre-application conference. Worksheet Prepared By: Megan Nelson, GordonDerr Date: 10/16/07 (Print Name) Subdivision Name: Vantage Glen Short Plan Comprehensive Plan Land Use Designation: Urban Residential Medium 4-12 du/ac & greater than 12 du/ac Split Zoning: R-24 (.07 ac), R-0.97 acres of the parcel is also Zoning: 12 (38.07 ac), and R-8 (.18 ac) located w~hin the City of Renton. Total Site Area= 39.29 acres If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A.12.200. PLEASE COMPLETE ONLY THE APPLICABLE PORTIONS OF THIS FORM I. Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): ~ite area (in square feet) is the TOTAL horizontal area of the project site. 101607.subdivisiondensityworksheet.mmn.doc lc-cal-subden.pdf 09/27/2006 Page 1 of 6 Calculation: -------Gross horizontal area of the project site 1,658,426.22 Sile area in square feel NOTE: To continue calculations, convert site area in square feet lo acres by dividing by 43,560 38.07 Site area in acres ------- NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) II. Base Density (K.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. R-12 du/acre ---~'---"'~ Ill. Allowable Dwelling Units and Rounding (K.C.C. 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 -.040 tables). 38.07 site area in acres (see Section 1.) X ---~~-_____ 1_2_ base density (see Section II) = 456.84 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the numbeJ of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is notallowed. (See KC.C. 21A.12.070(E).) IV. Required On-site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X 170 square feet X ·~o square feet X ---'-N=/A~ proposed number of studio and one bedroom units ---'-N""/A'--proposed number of two bedroom units + NIA proposed number of three or more bedroom units + ----Recreation space requirement = 101607 .subdivisiondensityworksheet.mmn.doc \c-<:al-subden.pdl 09/27/2006 N/A Page 2 of6 Required On-site Recreation Space Continued Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: .u square feet X proposed number of units ------= N/A Mobile home parks shall provide recreational space as follows: 260 square feet X ------proposed number of units = N/A V. Net Buildable Area (K.C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I) less the following areas: + + + ----"N""/A-'-areas within a project site which are required to be dedicated for public rights-of-way in excess of sixty (60') of width 500327.3 critical areas and their buffers, to the extent they are required by King County to remain undeveloped NIA areas required for above ground stormwater control facilrties including, but not limrted to, ---~'-re:ention/Cietention ponds, biofiltration swales and setbacks from such ponds and swales ----"N""/A-'-areas required by King County to be dedicated or reserved as on-site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C 21A.14.180 (see Section IV) + + ___ N_/~A'-regional utility corridors, and ---'""'N""/A-'--other areas, excluding setbacks, required by King County to remain undeveloped 500327.3 Total reductions Calculation: 1,658,426.22 site area in square feet (see Section1) = = 500327.3 Total reductions 1158098.92 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 26.57 Net buildable area in acres ------ VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum c;lensity requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section 11) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(B)12.) Calculation: ----,1"""2'-base density in dulac (see Section II) X 26.57 Net buildable area in acres (see Section V) -----"8"'"Cl0"'Yo'-X minimum density% set forth in K.C.C. 21A 12.030 or as adjusted in Section VII 255.D72 minimum dwelling units required 101607 .subdivisiondensityworksheet.mmn.doc lc-cal-subden.pdf 09/27/2006 Page 3 of6 VII. Minimum Density Adjustments for Moderate Slopes (K.C.C. 21A.12.087): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. ' 12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To c,, .•• mine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: + + + + + + + N/A sq. ft 0-5% slope increment X 2.5% median slope value= -----N/A NIA N/A NIA N/A N/A N/A N/A sq. ft 5-10% slope increment X 7 .5% median slope value = sq. ft 10-15% slope increment X 12.5% median slope value= sq. ft 15-20% slope incrementX 17.5% median slope value= sq. ft 20-25% slope increment X 22.5% median slope value= sq. ft 25-30% slope incrementX 27.5% median slope value= sq. ft 30-35% slope increment X 32.5% median slope value = sq. ft 35-40% slope increment X 37.5% median slope value= Total square feet in net buildable area + + + ------+ ------+ + + ______ Total square feet adjusted for slope Calculation: N/A total square feet adjusted for slope divided by total square feet in net buildable area = N/A weighted average slope of net buildable area = NIA -----% (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Use the table below to determine the minimum density factor_ This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buiidable Area(s} of Site: ~ 0% -less than 5% 85% 5% -less than 15% 83%, less 1.5% each 1% of average slope in excess of 5% 15% -less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: + + + + + + + = = -----sq. ft 0-5% slope increment X 2.5% median slope value = 10,000 20000 sq. ft 5-10% slope increment X 7.5% median slope value= --,,~--sq. ft 10-15% slope incrementX 12.5% median slope value= --=~- sq. ft 15-20% slope increment X 17.5% median slope value= _____ sq. ft 20-25% slope increment X 22.5% median slope value = _____ sq. ft 25-30% slope increment X 27 .5% median slope value = _____ sq. ft 30-35% slope increment X 32.5% median slope value= -----sq. ft. 35-40% slope increment X 37.5 % median slope value= _ __;:;==-Total square feet 30,000 in net buildable area 750 + 2500 + + -----+ -----_____ + + -----+ ----- 3 250 Total square feet adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area . 108333 Weighted average slope of net buildable area ____ 1_1_%_ (Note: multiply by 100 to convert to percent -round up to nearest whole percent} LJdrig the table above, an 11 % weighted average slope of net buildable area falls within the 5% -less than 15% vhich has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 1 , ,o 1s 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. f01607 .subdMsiondensityworksheet mmn. doc lc-cal-subden. pdf 09127/2006 Page 4 of 6 VIII. Maximum Dwelling Units Allowed (K.C.C. 21A.12.030 -.040): This section should be completed only if the proposal includes application of residential density incentives C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the b-., ,I.JS or transfer units authorized to the base units calculated in Section Ill of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. ---'--'N/"-A'-base density in dwelling units per acre see (Section II) X 150% = maximum density ---'--'N/"-A'-maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) ___ N_/"-A'-base density in dwelling units per acre (see Section II) X 200% = maximum density ---'""N/"-A'-maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) ___ .:..:N:..:.IA.:.. base density in dwelling units per acre (see Section II) X 150% = maximum density ____ N/:.:..A.:.. maximum density in dwelling units per acre X site area in acres = · maximum dwelling units allowed utilizing density transfers (K.C.C. 21A.37) Calculation: + + ____ .:..:N:..:.IA.:.. base allowable dwelling units calculated in Section Ill ____ .:..:N:.:../A.:.. bonus units authorized by K.C.C. 21A.34 ____ .:..:N:..:.IA.:.. transfer units authorized by K.C.C. 21A.37 ____ .:..:N:.:../A.:.. total dwelling units (cannot exceed maximum calculated above) IX. Minimum Lot Area For Construction (K.C.C. 21A.12.100): Except as provided for nonconfonmances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero-lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be penmitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) f~sed V1W L.Dt 'J-i-:5 2\t,c.o11 20 .sq.ft or s.oz.a.c.) 1\uve¥;y lY\e..ct\Yl~ 1\AJ.. rY)\r\lYY\W'l') left area.. AA' CMSM..tchDv..... ptr t.C.C.. 211\. :>t-. 101607 .subdivisiondensrtyworksheet.mmn.doc lc-cal-subden.pdf 09/27/2006 Page 5 of6 X. Lot Width (K.C.C. 21A.12.050(B)): •idths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as & ,n below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). • I • I • I • • 30 Feel • • I • I • I • I • ·-·-·-·-·-·-·-·-·-· Lot Wtdth Measurement ' Lot Width Circle I • I • I I I • I • • I • I I • ·-·-·-·-·-·- Check out the DDES Web site at www.metrokc.gov/ddes 101607 .subdivisiondensityworksheet.mmn.doc lc-cal-subden. pdf 09/27/2006 Page 6 of 6 ·-' i ' ... • -''-' i ... ' ' \ ~ '5 \ \ \ \ \ \ "" \ \ ~--t \ \ \ \ \ \ \ \ \ \ N \ \ \ \ ~; 1·T1·T1 \ \ \ \ \ \ ., .. ~-I.* \ \ ~ L._l_: , -· • I l < UJ :E: UJ :J: u V1 ... ,, ... .;,:~/.i.. .. _·~·,:."'· _ _/ -1-· ./ / ./ /' ·-.,,--· ll ~ " cc :::f 1.1.J ~I ::E:. 1.1.J ~,:: ~- ::i::: >-1£ u ~5 Vl "' ;!! J I .... ~ .. ~ i ~ \ \ . ~~ :.. '\ I \ ' \ I t-· \ I . \ ,--\ ~ , ' \\ ~I 4-' I 0 .. (>' ;i, <:J ii \ \\ 8~ V) I ·\ I .,. f I-~ ~'t ~ 3 " \ u .. "' ' . I .. ~ I w •tj I I :::E tZ l ~ ~ \ w i Ii "•t . :I: .. .. u .,, V) "'~ !!! ·, ~ Ms. Shannon Dorr Project/Program Manager II September 2, 2008 King County DDES-LUSD, Current Planning Section 900 Oakesdale Avenue SW, Ste l 00 MIS OAK-DE-0100 Renton, WA 98057-5212 Re: Additional Information Application No. L07S0066 -Vantage Glen Short Plat Dear Shannon: -ATTORNEYS AT LAW Pursuant to your Notice of Request for Additional Information or Studies dated June 11, 2008 (the "Notice"), and the July 24th meeting between King County staff and the Applicant, the King County Housing Authority (the "Applicant") submits the following enclosures: • A copy of the plat screening transmittal; • A revised preliminary short plat consisting of four sheets, including: (a) Boundary (Sheet l of 4); (b) Preliminary Short Plat (Sheet 2 of 4); (c) Preliminary Short Plat -Critical Areas (Sheet 3 of 4); and (d) a preliminary drainage plan (Sheet 4 of 4). The above listed enclosures address each of the items contained in the Notice, and as discussed at our meeting and in subsequent communications. A summary is below. Sheet J of 4 entitled Boundary includes a legal description as shown in the title repo11 and the assessor's parcel (Items 2(c)), name and address of proposal (Item 2(h)), a vicinity map (Item 2(1)), and the name, address, and phone number of the applicant/owner (Item 2(m)). Sheet 2 of 4 entitled Preliminary Short Plat addresses the proposed two-Jot short plat with the existing manufactured home park on proposed Lot I and proposed Lot 2 to remain vacant for future deve!opment. This sheet includes encroachments, proposed layout oflots, proposed tracts, and existing easements (includes Items I, 2(a), 2(d), 2(e), 2(f), 2(i), 2(j), and 2(k)). The Applicant also added three notes to Sheet 2 of 4 regarding density, critical areas, and storm water drainage. The density note, as discussed in both the pre-application and July 24th meetings, satisfies King County's minimum density requirements and clarifies that the Applicant's short plat is vested to the County's zoning and density regulations in effect as of its complete application date. The critical areas and stonn water drainage notes, as explained in more detail Y· WP KCIIA-VGL.E:",; L%:50S.C'O\"ERLET1ERADD1Tl0';\.ALIJ'.FO !vlMN DOC 2025 First Avenue. Suite 500. Seattle, WA 98121-3140 106-382-9540 tax 206-626-0675 www.GordonDerr.com Ms. Shannon Dorr -2 -September 2, 2008 below, clarify the critical area and storm water requirements applicable to proposed Lots I and 2 if or when development or redevelopment of the parcels is proposed. Sheet 3 of 4 entitled Preliminary Short Plat -Critical Areas addresses Items 2(b) and 2(g) as revised during the July 24th meeting with King County staff by showing contours and critical areas on Proposed Lot I based on Lidar data and on Proposed Lot 2 based on topographic survey. For purposes of clarity, the Applicant has added a note on Sheet 2 of 4 regarding its delineation of critical areas, future modification of critical area boundaries, and buffer and other critical area requirements applicable to proposed Lots I and 2. During the July 24th meeting, County staff noted that the Prosecuting Attorney's Office was currently discussing specific note language related to critical areas (steep slopes specifically) and future grading activities resulting in the elimination of such critical areas. We have yet to hear back from County staff regarding the outcomes of discussions \Vith the Prosecuting Attorney's Office; however, once we receive that feedback, we would assume any relevant language would be both included on the Vantage Glen short plat and be consistent with the Applicant's proposed critical areas note on Sheet 2 of 4. Sheet 4 of 4 entitled Drainage Plan -Existing Conditions provides an engineered preliminary drainage plan per Item 2(n) and as further detailed in the July 24th meeting with King County staff. For clarification, the Applicant submitted a preliminary drainage plan dated 10/01/07 and labeled C2 with its short plat application depicting potential multifamily dwelling units for the purposes of showing that the proposed Vantage Glen Short Plat would not create an unbuildable lot, i.e., that proposed Lot 2 could meet King County's storm\vater requirements. The Applicant, however, is not proposing any development on proposed Lot 2 at this time as shown on enclosed Sheet 4 of 4. Instead, the Applicant is proposing that Lot 2 remain vacant for future development. In addition, the Applicant has included a note on Sheet 2 of 4 that reaffirms the requirement for future drainage review prior to any development or redevelopments on proposed Lots 1 and 2. If you have any questions regarding this submittal or wish further clarification, please contact me at (206) 382-9540. AMN:mmn Enclosures v;r;;;;;_ 114~ Megan Nelson GOROONDERR LLP cc: Mike Sivia, King County Housing Authority Bob Johns, Johns Monroe Mitsunaga PLLC Anna Nelson, GordonDerr LLP i @i • Bi 1le!! 11 1:•1 .. .-, ~.. g, I ~ I ; !• ~~ !• ! ~~! ,. i .~ ,s ' ' ~~~ ·• ' . ' ;!o'lll g~ •• 1! ~i!li!: o~i I "" :,~i ;~~ ig;! ~ !~ •• -~~ "8 ~" "• ij> ~i ' 3 -!~ ,·· ,• .~i' ' •"' ~ ... • ~ll ~... '°'a ' t-~~Iii :,. ·1· .. c ,;; ' sB~ <s F • <; •~• ' !!;"'~ I!! 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"' u i 0. ~ I· " . ,-- 'Cf- " '. -.! ~~TIOJ,10 ~m HtLD 'OIi 1.1.!DS Of" 11(-..i; ~ FO,l'j(l U" BRASS 0151( C,OWN ,B' ti MON CA5E .. ---------------~'a'l:l:..L!.!lt.£ . I ' ,-------------------------=J...Q!!_'!._H_~VENUE S.E. SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. KING COUNTY, WASHINGTON I I -------------, 1 1 I \ ~ING couNn" MINIMUM oENslf'r' REou1REMENT5 1N fffECT AT rnE DATE mr SHORT PLAT \ -------r---- ---------------------------1\_rou"° ~· ~s I A"PllCATION Wf,S SUBMITIED, THIS SHOR1 PLAT WOULV B( REOUIRED TO 8[ OEVHOPEO WllH A l I I I.IINlMU!.4 OF 257 DWHLING Ur,.IITS ON A 511[-WIOC 8kSIS, INCUJDING A Mlt,ljMUM DENSITY OF 48 I I ~Z= UNfTS FOR LOT ,', \ --;........---~.:....-=-.:;.;r----,.1 I I ,· --<a , ' I I I I ~ --~-'<• I I CRITIC~ All[AS· \ lkl tfN[AAC(bcAllON OF CRITICAL ARU. "TRACT ON LOT 1 WAS 1DEtmF1£0 USING KING COUNTY , \ CEOGRAPHIC INFORMATION SYSltM (KCGIS) YrnlCl1 (lf.S[D ON LIDAR DATA '-NO CEN[RAL FIELD I \ INFORW.TION. THE LOCATION OF THE CR111C"1. AREA ON LOT 2 W~ VERIFIED BY Fl[lD SUR"fY. AS \ A RESULT. PRIOR TO AN'f REDEVELOPMENT OF LITT I, THE CRrTK:AI.. AfltA SHAU NEED TO tl[ \ I \ SURVEYED ANO DEUNEATED IN ACCORDANCE WITH THE STANDARDS or THE ACENCY OR M:ENC!ES \ \ 1111TH JURISDICTION. MODIFICATtON or TH( BOUl<lARIES Of THE CIUIICAL Afl[A TliACTS SHOWN ON I THE SHORT PlAT TO COl"1CIDE WITI-I TI,f SURVEYED BOUNDARIES OF lH[ CRITICAL AREAS MAY BE \ \ CO).IPLflED W,THOU"l A SI-I.ORT PU.T ALITRATIOH. 00 n.JTURE DEVELOPMENT OR R(OE\l[lOPMfNT or ~ • \ \ I LOTS 1 A.NO 2 SHAU. BE SUBJECT TO eum:R ANO OTHER APPUCAllLE CRrTICAL AREA ... \ I I t \ REQUIREMENTS BASU} ON THE COil[ PROVISIONS Of' THE GOVERNING JURISDICTION{S) AT THE TIME I . \ \ ' I ~ \ AN APPUCATIO"' FOR SUCH DEVE\.OPMENT IS SL1E!l.!IT1ED. I \ I J' I I ,. \\ . I \ \ SHlR"-",\!E!l_ DRAINAGE, lO ># \ / /• I \ RU"""STORM W~A.GE R[Vl[W WAS COMPL£1EO FOO THIS SHORT SU8DMSION BECAUSE HO ~ \ ) \ ("'J \ NEW IMPERVIOUS SlJRFACES WERE PROPOS([I 00 APPRCMD AS PART OF Tt,IS SHORT SUBDMSl™. ~ '-. ·-/ /1 \ 1 \ PRIOR TO ANY GRADING OR BIJILDING DM1..0f'MENT OR REDE'vll.Of'Mffif OF EfTHER LOT I OR LOT -....... . ---, J' \ ~ 2 DRAINAGE REVIEW ANO APPROVAi OF A STORM WAITR OAAIN~E PLAN CONSISITNT wrrn .,.._.;_ ~ 1 \ 7 \ DEVELOPMENT SlANDARDS or THE AGENCY OR AGENCIES WITH JURISDICTION IS REQUIRED ,,..... ' l { r\ ,;o \ I \ ~ "i,; ~ ..... W.UNLCl"Tl!CE uon or 51: 1/t CF SI: I/~ !IF" Mio/ 1/• S[C:T J, ~ .. , Pfl'OJ>OSUJ LOT l TOTA\. A"O l·U& Mllt'S ·1\,;o, \ : I \ ,~\ \ I ",..,.. \ \ \tt\\ 1 I .p \_ ) '"""'.,.... .· \• ~,.,-.,. ,-...---------- \ \ -1D5""'PLACE-,,....----------"'~= » ' · -------------::.----------,,'\ \ 0' -.LQ. _.:,,.r.,, \ \L ___ ... --~ --------' \ I \ ., \ {Q/2007) -f ::..:= \ ~ \ ' , .. 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':'),'\; , ·:,_f:=: : 0', :·:._-:~-: CC c:::-_.0. ,;~_~__:::: , _":' ~.::, , -• ';,,:,'.f,~h: ', #.t1,)' I :,11~1 l'j I f/\\) ~1\.Ul if ~/\f ' ' · · · _ -, (":."·!'.-•-;:.:,"'• • ... ,;11u:/,r : iJ',i.·_:1 ;,/ · 11 \j'Jl).,fl;/ , : , I~ ... _ 06.22.06 ,~ ~~~ -~ ..-.:::I ---c__~ i GRAPHIC SCALI:: i -' ; II! n:E:'1 ) m~h a IDO IL i .HQlES; '·:•":;,' . ,•.·,:.'!.'1 i '.( 1 /I ,dl;l jfJ. , ,4.1• ,. I ._; -·Y ~··>·":·' ' ./r'.': ' , 111;,~ 1 r• · ·•.: 1, THE CRITICAL />.REA WITTilN LOT 2 Wf,$ IDEN"!IF!Etl 8Y ' ~I'"~'. ::..,r, ,-.·'~·1:/1 , ' 1i' 'f''1 .''~' ' lOPOGRAPHIC SURVEY, : .(· .• ~ I. ' ' 2. n£ cRmCAL 11REA WITHIN LOl 1 w~ mEm1nrn BV R E /~' r 1 'V E D USING COtflOORS GENERATED BY K~ COUITTY -"-..,· L GEOGRAPHK: INFORMATION SYSTEM (KCGIS} WHICH IS BASED ON U~ DATA ,. SlRE.W coma, WAS 1Nor,nnco BY usNG ""' FEB 2 1 Z O 14 COUNT'i" GEOGRAPHIC IHFORMATION S\'STB4 (KCGIS) YlfllCH 15 BASED ON LIOAR DATA. I-: 11 :'o "' g. f .:f>e.o,6.019 I? 3 l CITY Of RENTON 0 4 f !l Im • --------- @)" ! a! s~ SNOlllONOO 9Nl1SIX3-NV1d 39VNIVl:la V"I :. I-·l § ij SS096 'VM 'NO!N3~ u ,li . ~ .. .01 3S 30Vld HHOI 00191 • N319 39VlNVA J I -------------- f ... ,,. ----------...J.... __ \ \ I I I I \ I I I I I I I I I m :;l ~ ~ l ~ <! o; ,-0.. # • ~ • ~ H \ \ \ \ fl t ' . I I f r j! RH2 TECHNICAL Memorandum Client: King County Housing Authority Project: Vantage Point Project File: KCHA 509.038 Composed by: Erik Howe, P.E. Project Manager: Erik Howe, P.E. Reviewed by: Randy Asplund, P.E./Mark Miller, P.E. Subject: Vantage Point Traffic Evaluation Date: November 6, 2013 Background This memorandum presents the average vehicle trip ends for a proposed rental housing project designated to senior citizens and people with disabilities. The remainder of this section includes a project and site location description and a summary of the peak hour trip generation results. The proposed senior housing project, managed by the King County Housing Authority, will include 5 two-bedroom units and 72 one-bedroom units, for a total of 77 dwelling units. The site is located at approximately 17847-17899 105'h Place SE Renton, WA 98055. It is proposed that the site will gain access to the public street system through four driveways along 1 OS"' Place SE and SE 180'h Street. Two of these driveways consist of a drop off and vehicle turnaround to allow for quick drop offs and access for emergency vehicles. See attached Sheet 1 -Plan View, with Vicinity Map. The proposed senior housing project can be accessed through two major roadways, SE Carr Road/SE 176'h Street to the north and 108'h Avenue SE to the east. SE Carr Road/SE 176"' Street is functionally classified as an urban Principal Arterial. Benson Drive/108'h Avenue SE is functionally classified as an urban Minor Arterial. Traffic leaving the proposed senior housing project from 105'h Place SE to the north turning onto SE Carr Road/SE 176'h Street can only make a right turn (eastbound) due to the existing channelization. Traffic coming to the proposed facility from SE Carr Road /SE 176'h Street can turn onto 1 OS'h Place SE from both the east and west utilizing the existing turn lanes. At the east end of SE 1 SO'h Street, a signalized intersection connects traffic to Benson Drive/108'h Avenue SE. Traffic can enter and exit SE 180"' Street in all directions at this intersection. 1 l/7 /2013 1:42 PM J:\data\KCHA \Final_ Technical Memorandum_ Vantage Point_Traffic Evaluation_ 11-07-2013.docx Vantage Point Traffic £valuation Page 2 Trip Generation and Distribution Trip generation for the proposed project site was estimated by using the Institute of Transportation Engineers Trip Generation Manual for Senior Adult Housing. Table 1 below shows the average vehicle trip during the peak AM and P.M. hours on a weekday for 77 occupied dwelling units. It is expected that the new trips would be generally split to either to SE Carr Road/SE 176'1, Street or Benson Drive/108'h Avenue SE. T bl 1 T' G a e -np enerat10n Time Average Vehicle Trip Ends Weekday A . .\1. Peak Hour 31 Weekday P.M. Peak Hour 24 Conclusion From these results, the total added number of trips is relatively low and will not have a significant impact on traffic flow on the adjacent streets or to or from the arterials. A Fred Meyer/ commercial shopping center is located directly across the road from the proposed site location. As the shopping center is oriented to SE Carr Road/SE 176'h Street and Benson Drive/108'h Avenue SE, the majority of trips from the shopping center are directed toward those roads and not toward 1 OS"' Place SE and SE 180'h Street. SE Carr Road/SE 176tl' Street and Benson Drive/108'h Avenue SE are currently high traffic areas. SE Carr Road leads to Valley Medical Center, while Benson Drive/108'h Avenue SE is a busy state route that connects the cities of Renton and Kent. The addition of up to 31 vehicles (AM. peak hour) will likely have little effect on the directly adjacent street system. In addition, as these trips will generally be split to either SE Carr Road/SE 176'h Street or Benson Drive/108'h Avenue SE (approx. 15 trips to either intersection), there will likely be little effect on the arterials. Reference Institute of Transportation Engineers [ITE). (2012). Trip generation manua/(9"' ed., Vol. 2: Data). Washington, DC. Institute of Transportation Engineers. Signed: 11/6/2013 Signed: 11/6/2013 1 l/7 /2013 I,42 PM J: \data \KCl-IA \Final_ Technical :\1emorandum_ Vantage Point_'fraffic Evaluation_ 11-07-2013.docx • f il i ,l I l i I i ~ ' ~ -;; J ! ii ~ • NO. DATE I ' ,,, I L. i, : f; -1' : : : J: I C ; ; ~: ,t : I -, ••• bi ~ § -'•c:*i;., 1--POOD lr?.f--' ,:. .: I f. : : -,1 y,,;; 1 '',--' ' • • I :~ f"'---"--.-r ·~,: ~ -" .. · "(I\,:_ ,'~ \ "'. I 4.p' DEDICATED ROW \c ' /_ ·::,;.rw ·- -'1. ,<· \ .. : I~ !;1 ':.:. / ._ 2 ',· ~ ',:/J : ' ' : ' :.< ',, ,_ j' ' I \ ,: . ~ N:} L I \, \\]~ VANTAGE POINT SITE VICINITY MAP NTS ... I I ] ,, ~-.t>·-t:" .. ''''\''' •) '. \' I! ·v :,, -: ,, .: f 'JI ,--1., -~-~ ) i I,_ , , :, : ,, ' l • I ,/,, ' I I I '' ' :: -,Ii[ I ,Ci ,: 'I I, STREETLIGHT: :,.•) ll''), ' ' ' -. ·, ;: --. ;~, , .·, ,.; '/ ~·- ~--; (.' / C. ,, I'-~' , '""-l : , ,' i j I ! ' '"' o. 8 '-----...... ' ,: ; .. ---~----··~-,; .. .l1 !} ? -·~__J~ I I, f 1 ·,/·[ ,,'--'· 2 -----:,' D ..... :.,._;__:,.---.--:~:-:-::-:-,./ _;': I ,, ; ----, -_ _ •_= -~lt--_ -----I --, -. il -~=;.,.-,;,.-,, -~,kc,, .. ' -, , -----r ~ -;,,"~-;.~-~;~c~'.'?~~1-~ ~':~~c~sc©~tJ~ ; c,c_c,,r__:~_-_;rr.,,;_,.;:J, ·-~----' •.•• :·--•-,.·--l. 6' OOCWAlJh S[ 180TH ST -' ,__... I '·'' . ·'• ., ', 1 ' ' .. ,, ~~ ... ~.·:• 0 ' •, ?' /:t ":' '/1 ':,' /, }~ : I '. ;:-f r'. -~, ' ·: ·1 L '"•' I I ! I . l BY .... i,' ~ CHO. ,J 'i: J I -~ APPR. ' ' " ,_ ', c,V:[' _>t' __,.)'. '-V ··", '.: .. v,"""'~' ,-:,. ' :cz:~~=~==~~;;::::;;;:::e:C:::~,:.2 . /,• ? 7 --__-"\ /,:; . ,,,-" ' " \>" ---' ,__,, / ' ' -- ' "-_, ---';;----'_,.,-' ,,?' ,, - -,-----,~--'-h --""'< -~: ~ ,-_/ " ~ 'E: ;,<~::. ,· ~ _'.t;; ... \\ ~-~~::r ~ C ' ~-. :>~"'·" REVISION DRA'ltl BY TAO CHEOC:ED er SZ[AGC D[SIGHID BY SZ/AGC APPRO'IED BYI AGC DATE OCTOBER 18, 2013 J a B No. : 1131Ba 001. lWO eUSIN[SS DAYS ll[fOR[ YOU D~ 1-800-424-5555 S C A l E: 1~ = 4-0' am Consulting Engineers 1601 Fifth Avenue, SIJite 1600 Seattle, Woshington 98101-3655 (206) 622-S822 Fox {206} 6:?2-8130 ,t;--: -•;::· VANTAGE POINT REITTON, WASHINGTON PLAN VIEW ..... 20 ., 1 ind, • 40 fMt j i " 'i I , I I 80 I SHEET 1 'I ,; I I / I i i I ''!!j<t1 I~ )> ill'i I , '~ I £ . ' ~ ~-.;,f m ,- J '· TAPARTMENTS VANT AGE PO!~ RENtoN -HINGTON 11001 105TH PLACE" OOJTY rJNG COUNTY ooi:~ ~LA 'AA 600 ANDO/ER PAR~ · --' / (: RECE!\IED FEB 2 J 20/4 cnv F'/./l.,\.r,\: . TONKIN ·1 ®41J§iMUI ......... """'. 10-. ''"' •• ,,, .ri. o;.. • ., .... w~......, I' ""'""' :..:.::::~~:O,v,l""'"'u.<·o> ·, I,_..·: J~ ;Ii ·I~ ·~ I" I~ /i ;[ I~ \] I ' CT] . i ./ I !i1f_. __ I ~u! /' (t ' I ___ _\ ,/ "\;,· ,/ / (f' (~) I ct (l, I ; .. _ __. . I / ,z. \fn) 'f ~ii ! ' . ----(~) (I; / ' lr,1 I..~ PLANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining ifthere may be significant adverse impact. RECEIVED USE OF CHECKLIST FOR NONPROJECT PROPOSALS: FEB 21 2014 Complete this checklist for nonproject proposals, even though questionsC..fTX,gt ilitv.T(i)NI "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET f8t{J~~CT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. -1 -06/09 A. BACKGROUND 1. Name of proposed project, if applicable: Vantage Point Apartments 2. Name of applicant: Vantage Point Apartments, LLC c/c King County Housing Authority ("KCHA") Tim Locke, Project Manager 3. Address and phone number of applicant and contact person: Applicant: Tim Locke King County Housing Authority 600 Andover Park W. Tukwila, WA 98188-3326 Phone: 206-574-1198 4. Date checklist prepared: February 21, 2014 5. Agency requesting checklist: King County Housing Authority Contact Person: Anna Nelson, Land Use Planner Van Ness Feldman 719 Second Ave, Suite 1150 Seattle, WA 98104-1700 Phone:206-623-9372 Email: amn@vnf.com 6. Proposed timing or schedule (including phasing, if applicable): Begin construction immediately after issuance of required permits. Anticipated to be Spring 2014. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. • Phase 1 Environmental Report, prepared by PBS Environmental (April 2013) • Stormwater Technical Information Report, prepared by KPFF Consulting Engineers (February 2013) • Wetland Report, prepared by ESA Qanuary 2014) • Geologic Hazards Report, prepared by Geodesign, Inc [January, 2014) • Geotechnical Analysis,prepared by Geodesign, Inc (February 2014) • Traffic and Trip Generation Analysis, prepared by RH2 Engineers (November 6, 2013) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. -2- 10. List any governmental approvals or permits that will be needed for your proposal, if known. Site Plan Approval Storm Water Drainage Plan Approval Building Permit Approval Lot Line Adjustment Critical Area Exemption Street Standards Modification Fire Access Design Alternative NPDES Approval 11. Give brief, complete description of your proposal, including the proposed uses and the size ofthe project and site. The Applicant proposes to develop 77 units of affordable senior rental housing under vested King County zoning and critical areas regulations. The proposal is to construct 77 units in one building with two wings. The building will be 4 story wood frame construction with underground and surface parking anticipated to include approximately 56 spaces for residents and ancillary parking for staff and visitors. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site{s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The parcels involved in this development are Nos. 322305-9362 and 322305-9363 located on the south and west side of SE 180th Street and 105'• Place SE. The site is located directly across from the parking lot atthe rear of the Fred Meyer store at Benson and Carr Rd. and adjacent to King County Housing Authority's Vantage Glen senior housing community. The parcels are also known as Lot 2 and Tract C2 pursuant to the City of Renton Short Plat (LUA-08-137-SHPL). The site is located in the NW quarter of Section 32, Township 23N, Range 05E. See attached Neighborhood Detail Map. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site {circle one); flat, rolling, hilly, steep slopes, mountainous, other ______ _ The site is located on a slope that ascends gradually upwards from SE 180th Street and 105th Place SE to a ridge that generally defines the western and southern boundary between the two undeveloped parcels. West and south of the ridge the ground descends steeply down to the backyards of the Vantage Glen community homes on 104th Avenue SE and SE 181st Street. The steep slope was created legally when the site was used for quarry activities. b. What is the steepest slope on the site {approximate percent slope?) The slope gradients in this area vary from 40 percent to approximately 60 percent, with a change in elevation varying from 30 to 45 feet. -3- c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Subsurface conditions encountered at the boring locations generally consist of unengineered fill of variable thickness overlying native soil deposits. The fill generally consists of silt with varying amounts of sand, gravel, and construction debris and silty sand with minor gravel. Construction debris was encountered in explorations near the intersection of 105th Place SE and SE 180th Street. The construction debris consists of concrete pieces, concrete slabs, brick and mortar pieces, and copper pipes. The native soil below the fill consists of intermixed sand, silt, and gravel that were all deposited by glaciers. These soils are generally all glacially consolidated; the sand is loose to very dense and the silt is stiff to very stiff or hard. The sand contains varying amounts of silt, generally from approximately 5 to 20 percent by weight. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. Based on a geotechnical review of available information; the development history of the site; and the results of field explorations, laboratory testing, and analyses, the site is suitable for construction of the proposed multi-family housing project and associated improvements. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The project proposes approximately 20,000 CY Cut and 1,600 CY Fill The proposal will include grading in part of the steep slope area. The slope was created by legal gravel mining activity during the 1960's, but meets the definition for steep slope geologic hazard areas as defined by the vested King County land use codes. The proposal will be developed under King County critical areas codes. According to the February 2014 Geo Design, Inc assessment, the slopes qualify as the following type of slope, as defined by the vested King County Code 21A.24.310.D.: Steep slopes that were created by previous legal grading, which can be altered and/or developed if the alteration is geotechnically feasible. A report prepared by a geotechnical engineer is typically required. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. The removal of vegetation and site clearing during site development and future building construction will expose soil and introduce the potential for soil erosion. Implementation of erosion control Best Management Practices (BMP) described in the temporary erosion/sedimentation control (TESC) plan will avoid significant adverse erosion impacts. See February 2014 Technical Information Report by KPFF. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? -4 - The limit of disturbance is approximately 4 acres. The project impervious surface area is 2.06 AC or 56%. The impervious area coverage is less than the maximum 66% allowed by code. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR Mitigation based on site-specific geotechnical analysis will be included in the project design to ensure grading in steep slopes is done safely and without offsite negative impacts. See February 2014 analysis by GeoDesigns, Inc. BMPs will be employed during site development and future building construction. A TESC plan will be part of the BMP. Temporary and permanent erosion/ sedimentation control measures will be implemented to limit sediment transport to drainage facilities, water resources and adjacent properties. The project's TESC plan will include: clearing limits, perimeter protection, cover measures, traffic area stabilization, sediment retention, & surface water controls. See February 2014 Technical Information Report by KPFF. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction vehicles will generate dust and vehicular emissions during site preparation and building construction. Vehicular emissions will also result from the future residents and visitors of the completed project. Based on the attached SEPA Greenhouse Gas Emissions Worksheet (Dated February 10, 2014), the possible range of lifetime greenhouse gas emissions resulting from the proposed multifamily would range from 85,521 metric tons of CO 2 equivalent (with 77 units) to 104,012 metric tons of CO, equivalent (90 units). The project pavement surface area is approximately 2.23 AC including the fire access road and parking areas. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No, there are none that affect the proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: A water truck will be employed if there is excessive dust during site development or building construction activities 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? -5- If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is one wetland located west of the project site. According to the January 2014 Wetland Report, this wetland has been determined to be a Category IV wetland. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The project will take place within 200 feet of the described wetland, as shown on the attached site plan. King County critical areas regulations apply to this project, including a standard buffer of 50 feet from a Category IV wetland. (KCC 21A.24.318 and KCC 21A.24.325). 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No work will occur in the wetland or required buffer. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. The project will be served by public sewer. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. -6 - Runoff from the site is collected in a series of conveyance ditches/swales and pipes then routed to a central rain garden for enhanced water quality treatment. Storm water is then staged in the detention pond at the north end of the site to meet predevelopment (forested) conditions for flows ranging from the predevelopment one half 2 year peak flow through the 50 year peak flow. The pond discharges to the dedicated storm drain in 105th Place SE. This line heads north in 105th Place SE and turns west to join several other public mains in SE Carr Rd until finally discharging to an unnamed Creek tributary to Panther Creek. 2) Could waste material enter ground or surface waters? If so, generally describe. Spills or illicit dumping could result in waste material entering ground or surface water during and after construction. However, there are no factors inherent to this proposal that would increase the risk of such actions. It is not anticipated that waste materials would enter the ground or surface water with the proposal as designed d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The on-site drainage system will be designed to meet City of Renton Surface Water Design Standards. A TESC plan will be prepared and implemented during construction to incorporate different BMPs that the contractor will use to minimize soil erosion and limit sediment transport to drainage facilities, water resources, and adjacent properties. See February 2014 Technical Information Report by KPFF. 4. PLANTS a. Check or circle types of vegetation found on the site: __ X_ deciduous tree: alder, maple, aspen, other _x __ evergreen tree: fir, cedar, pine, other _x_shrubs _X_grass __ pasture __ crop or grain X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ___ water plants: water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? The majority of the site is currently cleared and covered in grass that will be removed for construction. Additional removal of trees and shrubs from the adjacent vegetated sloped area will be limited to the area of the slope proposed for regarding. A small stand of trees adjacent to the east property line will be cleared to accommodate grading activities. c. List threatened or endangered species known to be on or near the site. According to the Washington Department of Fish and Wildlife Priority Habitats and Species maps, there are no threatened or endangered species known to be on or near the site. -7 - d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The proposal will comply with King County landscaping standards found at KCC 21A.16.0SO, including ten feet of frontage landscaping and street trees adjacent to the proposed street frontage sidewalk. The proposal will also include planting associated with the drainage facilities and ornamental plantings. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other--------- Mammals: deer, bear, elk, beaver, other---------- Fish: bass, salmon, trout, herring, shellfish, other ______ _ None known. The site likely supports animals typical to areas with suburban development: squirrels; raccoons; crows, etc. b. List any threatened or endangered species known to be on or near the site. According to the Washington Department of Fish and Wildlife Priority Habitats and Species maps, there are no threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain The site is located within the Pacific Flyway migratory bird route, which extends the length of coastal North America. d. Proposed measures to preserve or enhance wildlife, if any: None necessary. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity and natural gas will be used to meet the future lighting and heating needs of the proposed multifamily residences. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No significant shading or impacts to the potential use of solar energy on adjacent sites is expected. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: -B - None are necessary during site development. Future construction and operation impacts will be mitigated through compliance with applicable City of Renton building and energy codes. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. None known. 1} Describe special emergency services that might be required. Police, fire, and general emergency services may be required during construction and will likely be utilized by future occupants of the Applicant's multi-family rental housing. 2} Proposed measures to reduce or control environmental health hazards, if any: Building construction will meet City of Renton building and fire codes. b. Noise 1} What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None that directly affect this proposal. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise impacts may result from construction activities on-site during regular business hours. Long-term noise impacts may result from future traffic entering and leaving the site. No significant long-term noise impacts are expected from the future developments. 3) Proposed measures to reduce or control noise impacts, if any: Site development and future building construction activities will be mitigated through compliance with WAC sections 173-60-020, 173-60-030 173-60-040. These provisions set forth the maximum permissible environmental noise levels based on the environmental designation for noise abatement (EDNA), or land use types. The EDNA for multifamily residential development is Class A: lands where human beings reside and sleep. The EDNA for receiving properties would be either Class A for adjacent residential areas or Class B: lands involving uses requiring protection against noise interference with speech, for adjacent commercial areas. The following maximum noise levels apply between the hours of 7:00 am and 10:00 pm. EDNA OF NOISE SOURCE • 9 • EDNA OF RECEIVrNG PROPERTY Class A CLASS A 55 dBA CLASS B 57 CLASSC 60 Class B 57dBA 60 65 Class C 60dBA 65 70 Between the hours of 10:00 pm and 7:00 the permissible noise levels are reduced by 10 dBA. At any hour of the day or night the applicable noise limitations set forth above may be exceeded for any receiving property by no more than: 5 dBA for a total of 15 minutes in any one-hour period; or 10 dBA for a total of 5 minutes in any one-hour period; or 15 dBA for a total ofl.5 minutes in any one-hour period. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The project site is currently vacant To the north of the property are apartments. To the south is a manufactured housing development. To the north and east of the site is a mixed retail/commercial development, including a Fred Meyer store and parking lot. b. Has the site been used for agriculture? If so, describe. The site has not recently been for agriculture. The most recent use was surface gravel mining during the l 960's. c. Describe any structures on the site. The site is vacant. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? The site was annexed into the City of Renton during the short subdivision review for the proposed site. Under King County zoning. Lot 2 and critical areas tract C2 are zoned R-12. As approved in the Vantage Glen Short Plat (LUA-08-137-SHPL) and recognized by the City of Renton, the vested minimum density requirement for Lot 2 is 48 multi-family units and the maximum density is 90 units. 77 units are proposed. f. What is the current comprehensive plan designation of the site? City of Renton comprehensive plan designation for Lot 2 is Residential Multifamily and for Lot C2 Residential Low Density. g. If applicable, what is the current shoreline master program designation of the site? -10 - Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Areas of legally created steep slopes exist on Tract CZ on the western portion of the project area (described above in section B.1 Earth). Limited regrading of the steep slope area is proposed and an associated lot line adjustment is proposed to revise the critical area tract according to the extent of grading. Additionally, one wetland exists in Tract CZ (described above in section B.3 Water). i. Approximately how many people would reside or work in the completed project? The proposal includes a total of 77 units (72 one-bedroom units and 5 two- bedroom units). Assuming that each unit will be occupied by two people, 154 people can be expected to reside in the completed project. The actual number of residents will likely be lower than this. The project is expected to employ one full time site manager. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. The completed project will not displace any people. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed multifamily residential development will comply with development regulations in the King County zoning and critical areas codes, as well as applicable City of Renton codes and procedural requirements. The proposed use is allowed in the vested King County R-lZ zone and is consistent with the City of Renton Comprehensive Plan designation. A lot line adjustment is proposed to revise Tract CZ so that any steep slopes that remain following regrading will be contained in the same critical area tract with the designated wetland. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Applicant will construct 77 units of low-income, affordable senior assisted living housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No housing units will be eliminated. -11 - c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s} proposed. The proposed residential structure is a 4-story building connected by a central common space. The north wing has a below ground parking garage and the south wing includes a partial parking garage within the basement.. The building will measure approximately 51 feet at the highest point. The maximum height vested under KCC 21A.12.030 for the R-12 zone is 60 feet. The principal exterior building material is cementitious. b. What views in the immediate vicinity would be altered or obstructed? The completed project will alter views from adjacent King County Housing Authority properties, adjacent commercial development, and adjacent single family development. There will be no significant view blockages. c. Proposed measures to reduce or control aesthetic impacts, if any: The proposed structures will include high quality architectural design features, including fa,ade and height modulation and other context sensitive design elements to increase architectural interest. Landscaping along the buildings, throughout the grounds, and along the street frontage will be utilized to soften view impacts, as well. See attached proposed elevations. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The proposal is expected to produce limited light and glare from the roadway and general on-site lighting. On-site lighting would be most noticeable after dark. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. Light from the proposal is not expected to constitute a safety hazard or significantly impact the views of surrounding properties c. What existing off-site sources of light or glare may affect your proposal? Existing off-site sources of light or glare are not expected to affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: On-site lighting will be shielded and located in a way that minimizes the impact to surrounding properties. 12. RECREATION -12 - a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Under King County Code, 90 square feet of on-site recreation per unit is required for apartments and townhouses (KCC ZlA.14.180). For senior citizen assisted living units, some of this recreation space may be interior space. Proposed recreational facilities include interior community spaces, decks, patios, and other outdoor recreation areas. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any: Not applicable. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is served by 105'• Place SE and SE 180th Street. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is located near King County Metro stops for the 155, 161, 169, and 906 bus routes. The nearest major intersection is located at SE 176th Street and 108'• Ave SE. c. How many parking spaces would the completed project have? How many would the project eliminate? The project would not eliminate any parking spaces. Parking will be provided according to King County code section 21A.18.030, which requires a ratio of 1 space per 2 dwelling units for senior citizen assisted living uses. -13 - d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No new roads will be required for this project. New driveways on lOS'h Place SE or SE 180th Street will be required to access the project, along with private internal circulation routes. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Trip generation for the proposed project site was estimated by using the Institute of Transportation Engineers Trip Generation Manual for Senior Adult Housing. Table 1 on the attached Traffic Evaluation shows the average vehicle trip during the peak A.M (31 trips) and P.M. (24 trips) hours on a weekday for 77 occupied dwelling units. The total added number of trips is relatively low and will not have a significant impact on traffic flow on the adjacent streets or to or from the arterials. A Fred Meyer/commercial shopping center is located directly across the road from the proposed site location. As the shopping center is oriented to SE Carr Road/SE 176th Street and Benson Drive/108th Avenue SE, the majority of trips from the shopping center are directed toward those roads and not toward 105th Place SE and SE 180th Street. SE Carr Road/SE 176th Street and Benson Drive/108th Avenue SE are currently high traffic areas. SE Carr Road leads to Valley Medical Center, while Benson Drive/lOBth Avenue SE is a busy state route that connects the cities of Renton and Kent. The addition of up to 31 vehicles (A.M. peak hour) will likely have little effect on the directly adjacent street system. In addition, as these trips will generally be split to either SE Carr Road/SE 176th Street or Benson Drive/108th Avenue SE (approx. 15 trips to either intersection), there will likely be little effect on the arterials. See November 6, 2014 analysis by RH2 Engineers. g. Proposed measures to reduce or control transportation impacts, if any: The existing "No Parking" restrictions for the street frontage will be maintained. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. This project will result in an increased need for public services. The future occupants of the units are likely to have demands, over time, for a variety of public -14 - services, including police, fire and healthcare. The project will house low income senior households and is expected to have no impact on the demand for schools. b. Proposed measures to reduce or control direct impacts on public services, if any. The Applicant will pay all applicable mitigation fees. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. The project has or will have: 1. Power, natural gas -PSE 2. Telephone -Centurylink 3. Cable -Comcast 4. Water & Sanitary Sewer-Soos Creek b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. The completed project will be served by Soos Creek Water and Sewer District and Puget Sound Energy. Other utilities that may be utilized for phone or internet include Comcast and CenturyLink. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: ?i,,,,wf;, )v. hJ.1.A...... Name Printed: 7/''w,.,,-H,y W-lot..Ke... Date: _2_,/'-1-'9'-"/--=2.=--0..:..1 '-f_.__ ______ _ -15 - .. l SITE A1.01c ·" NOT FOR NEIGMBOR· <DOD JETAII MAe CONSJRUCTIQr:i ""''" _ ---· ''. ____ _ 3 22 30,5} 1,':,7 SITE~ .;22:~0t,}•6? A1.01c -· i NOT FOR I CONSTRUCTION -ffi i.-~--- ·-I 11 -------- 21 w14 NEIGHBOR- HOOD LT DETAIL MAP "' ES I I I --- VANTAGE POINT APARTMENTS 17901105TH PLACE SE, RENTON, WASHINGTON KING COUNTY HOUSING AUTHORITY 600 ANDOVER PARK WEST, TUKWILA WA -------~--- I Ir, =--< C - • I' - I• r • - 1• - • w 1/) > <( --- ··- / -• -• -• • • ' I . ,--= TONKIN ~ ' "9""'' ' I JJ>;/tt''f,;/a·: , architecture : Gtrri.P.J.M.._j v 1 ,.~, "'·_;N·~,~ i l04 Fim Avenue Sou1h t_ ______ J Stt1ltl11!,WA98104 1--P 206·624·788o IF 206·622-1766 www.tonkinarchileciure.com -, i I page 1 Project: 12143 Thu February 13 15:18:38 2014 Parcel Map Check Parcel name: CA -BUFFER 1 North: 164374.0911 Line Course: N 47-14-41 W North: 164389.7186 Line Course: N 25-15-38 W North: 164417.8809 Line Course: N 55-23-14 W North: 164428.5598 Line Course: N 84-09-49 W North: 164429.6123 Line Course: N 70-06-53 W North: 164437.4763 Curve Length: 36.97 Delta: 70-36-11 Chord: 34. 67 Course In: N 19-53-07 E RP North: 164465.6876 End North: 164465.9432 Line Course: N 00-29-18 E North: 164489.1224 Line Course: N 11-04-04 E North: 164510.4679 Line Course: N 22-13-35 E North: 164523.0203 Curve Length: 25.54 Delta: 36-35-03 Chord: 25.11 Course In: S 67-46-25 E RP North: 164507.8896 End North: 164542.1080 Line Course: N 01-50-29 W North: 164545.0365 Line Course: N 88-09-31 E North: 164545.3578 Line Course: s 01-50-29 E North: 164535.9927 Curve Length: 24.75 Delta: 47-15-36 Chord: 24.05 Course In: s 20-30-49 E RP North: 164507.8950 End North: 164519.2430 Line Course: S 22-13-35 W North: 164507.5885 Line Course: S 11-04-04 W North: 164488.1077 Line Course: s 00-29-18 W East : 1306987.5858 Length: 23.02 East 1306970.6831 Length: 31 . 14 East Length: 18.80 East Length: 10.35 East Length: 23 .12 East Radius: Tangent: Course: Course Out: Length: Length: Length: East East 23.18 East 21.75 East 13.56 East Radius: Tangent: Course: Course Out: East East Length: 2.93 East Length: 10. 00 East Length: 9.37 East Radius: Tangent: Course: Course Out: East East Length: 12.59 East Length: 19. 85 East Length: 22.26 1306957.3946 1306941. 9220 1306931. 6256 1306909.8841 30.00 21.24 N 34-48-48 w N 89-30-42 W 1306920.0883 1306890.0894 1306890.2869 1306894.4623 1306899.5916 40.00 13.22 N 40-31-07 E N 31-11-22 W 1306936.6194 1306915.9047 1306915.8105 1306925.8054 1306926.1064 30.00 13.13 S 45-51-23 W N 67-46-25 W 1306936.6193 1306908.8484 1306904.0861 1306900.2755 l<EC:EI\IED FEB 21 2014 CITY OF RENTON PLANNING DIVISION page 2 Project: 12143 Parcel Map Check North: 164465.8485 Curve Length: 24.65 East : Thu February 13 15:18:38 2014 1306900.0857 Radius: Delta: 70-36-11 Tangent: Chord: 23 .12 Course: Course In: S 89-30-42 E RP North: 164465.6780 Course Out: End North: 164446.8705 Line Course: S 70-06-53 E Length: North: 164439.4283 Line course: s 84-09-49 E Length: North: 164438.2406 Line Course: S 55-23-14 E Length: North: 164424.5795 Line Course: s 25-15-38 E Length: North: 164395.7480 Line Course: s 47-14-41 E Length: North: 164385.5786 Line Course: S 11-25-12 W Length: North: 164374.1004 East East 21.88 East 11.68 East 24.05 East 31.88 East 14.98 East 11.71 East 20.00 14.16 S 34-48-48 E S 19-53-07 W 1306920.0850 1306913.2822 1306933.8577 1306945.4771 1306965.2705 1306978.8748 1306989.8740 1306987.5555 Perimeter: 470.01 Area: 2,241 sq. ft. 0.05 acres Mapcheck Closure -(Uses Error Closure: 0.0317 Error North: 0.00932 Precision 1: 14,826.81 listed courses, radii, and deltas) Course: N 72-54-24 W East : -0.03030 --------------------------------------------------------------------------- Parcel name: CA -BUFFER 2 North: 163992.4282 Curve Length: 214.27 Delta: 58-27-35 Chord: 205.09 Course In: N 10-55-35 E RP North: 164198.6212 End North: 164124.6868 Line Course: N 20-36-50 w North: 164143.6965 Line Course: N 09-31-40 W North: 164162.7894 Line Course: N 26-35-47 W North: 164170.4973 Line Course: N 11-25-12 E North: 164171.8401 Line Course: N 11-25-12 E North: 164186.4157 Curve Length: 22.50 Delta: 25-08-45 East : Radius: Tangent: Course: Course Out: East East Length: 20.31 East Length: 19.36 East Length: 8.62 East Length: 1.37 East Length: 14.87 East Radius: Tangent: 1307117.4250 210.00 117.51 N 49-50-38 W S 69-23-10 W 1307157.2300 1306960.6754 1306953.5249 1306950.3203 1306946.4611 1306946.7324 1306949.6766 51. 27 11.43 page 3 Project: 12143 Parcel Map Check Chord: 22.32 Course: Thu February 13 15:18:38 2014 S 01-09-11 E Course In: S 78-34-48 E RP North: 164176.2643 End North: 164164.0992 Course Out: East Line Course: N 76-16-27 E Length: East 3.53 East 40.26 East Radius: North: 164164.9367 Line Course: S 24-09-58 E Length: North: 164128.2050 Curve Length: 203.08 Line Line Line Line Line Line Line Line Line Line Line Delta: 58-10-37 Chord: 194.46 Course In: N 69-23-10 E RP North: 164198.6187 End North: 164002.4339 Course: s 89-50-21 E North: 164002.1035 Course: N 65-08-34 E North: 164017.4172 Course: N 79-32-58 E North: 164023.4229 Course: N 86-50-59 E North: 164026.2399 Course: N 77-53-18 E North: 164060.2367 Course: s 62-13-27 w North: 164044.9654 Course: s 79-59-22 w North: 164007.9206 Course: s 65-15-33 w North: 163992.1133 Course: N 89-51-32 w North: 163992.2123 Course: N 86-30-55 w North: 163992.9976 Course: s 89-31-01 w North: 163992.4276 Tangent: Course: Course Out: East : East : Length: 117.70 East Length: 36.43 East Length: 33.11 East Length: 51.26 East Length: 162.03 East Length: 32.77 East Length: 213.11 East Length: 37.77 East Length: 40.19 East Length: 12.92 East Length: 67.60 East S 76-16-27 W 1306999.9316 1306950.1258 1306953.5550 1306970.0367 200.00 111.27 S 49-42-09 E S 11-12-33 W 1307157 .2316 1307118.3533 1307236.0529 1307269.1079 1307301.6687 1307352.8512 1307511.2745 1307482.2803 1307272.4148 1307238.1117 1307197.9218 1307185.0257 1307117.4281 Perimeter: 1353.06 Area: 5,625 sq. ft. 0.13 acres Mapcheck Closure -(Uses Error Closure: 0.0032 Error North: -0.00055 Precision 1: 422,831.25 listed courses, radii, and deltas) Course: S 79-54-13 E East : 0.00311 Parcel name: CRITICAL AREA North: 163269.0269 East : 1305565.5213 Line Course: N 06-46-33 W Length: 80.00 Project: 12143 Parcel Map Check North: 163348.4682 East : 185.00 East 74.84 Line Course: N 11-46-33 W Length: North: 163529.5746 Line Course: N 88-09-31 E Length: North: 163531.9794 Line Course: s 01-50-29 E North: 163529.0509 Curve Length: 25.54 Delta: 36-35-03 Chord: 25.11 Course In: s 31-11-22 E RP North: 163494.8325 End North: 163509.9632 Line Course: s 22-13-35 W North: 163497.4108 Line Course: S 11-04-04 W North: 163476.0653 Line Course: S 00-29-18 W North: 163452.8861 Curve Length: 36.97 Delta: 70-36-11 Chord: 3 4 . 6 7 Course In: s 89-30-42 E RP North: 163452.6305 End North: 163424.4192 Line Course: S 70-06-53 E North: 163416.5552 Line Course: S 84-09-49 E North: 163415.5027 Line Course: s 55-23-14 E North: 163404.8238 Line Course: S 25-15-38 E North: 163376.6615 Line Course: S 47-14-41 E North: 163361.0340 Line Course: s 11-25-12 W North: 163173.3547 Line Course: S 11-25-12 W North: 163158.7791 Line Course: s 11-25-12 W North: 163157.4362 Line Course: S 26-35-47 E North: 163149.7283 Line Course: s 09-31-40 E North: 163130.6354 Line Course: s 20-36-50 E North: 163111.6258 Curve Length: 214.27 Delta: 58-27-35 Chord: 205.09 Course In: N 69-23-10 E East Length: 2.93 East Radius: Tangent: Course: Course Out: East East Length: 13. 56 East Length: 21 . 7 5 East Length: 23 .18 East Radius: Tangent: Course: Course Out: East East Length: 23.12 East Length: 10.35 East Length: 18.80 East Length: 31.14 East Length: 23.02 East Length: 191.47 East Length: 14.87 East Length: 1.37 East Length: 8.62 East Length: 19.36 East Length: 20.31 East Radius: Tangent: Course: Course Out: page 4 Thu February 13 15:18:38 2014 1305556.0825 1305518.3271 1305593.1285 1305593.2226 40.00 13.22 S 40-31-07 W N 67-46-25 W 1305613.9374 1305576.9095 1305571.7802 1305567.6049 1305567.4073 30.00 21.24 S 34-48-48 E S 19-53-07 W 1305597.4062 1305587.2021 1305608.9436 1305619.2399 1305634.7125 1305648.0010 1305664.9037 1305626.9927 1305624.0485 1305623.7772 1305627.6364 1305630.8410 1305637.9915 210.00 117.51 S 49-50-38 E s 10-55-35 w Project: 12143 Thu February Parcel Map Check RP North: 163185.5602 East 1305834.5461 End North: 162979.3671 East 1305794.7411 Line Course: N 89-31-01 E Length: 67.60 North: 162979.9371 East 1305862.3387 Line Course: s 86-30-55 E Length: 12.92 North: 162979.1518 East 1305875.2348 Line Course: s 89-51-32 E Length: 40.19 North: 162979.0528 East 1305915.4247 Line Course: N 65-15-33 E Length: 37.77 North: 162994.8601 East 1305949.7278 Line Course: N 79-59-22 E Length: 213.11 North: 163031.9049 East : 1306159.5933 Line Course: s 62-13-27 w Length: 133.53 North: 162969.6781 East : 1306041.4490 Line Course: s 82-13-27 w Length: 300.00 North: 162929.0888 East : 1305744.2075 Line Course: N 47-46-33 w Length: 238.00 North: 163089.0327 East : 1305567.9634 Line Course: N 00-46-33 w Length: 180.00 North: 163269.0162 East : 1305565.5262 Perimeter: 2263.58 Area: 54,268 sq. ft. 1.25 acres Mapcheck Closure -(Uses Error Closure: 0.0118 Error North: -0.01078 Precision 1: 191,829.66 listed courses, radii, and deltas) Course: s 24-12-45 E East : 0.00485 page 5 13 15:18:38 2014 --------------------------------------------------------------------------- Parcel name: NEW LOT 2 North: 165027.3238 Line Course: N 88-09-31 E North: 165039.4038 Line Course: S 01-26-12 W North: 164980.8222 Line Course: S 62-13-27 W North: 164925.2268 Line Course: S 77-53-18 W North: 164891.2301 Line course: s 86-50-59 w North: 164888.4131 Line Course: S 79-32-58 W North: 164882.4074 Line Course: S 65-08-34 W North: 164867.0937 Line Course: N 89-50-21 W North: 164867.4241 Curve Length: 203.08 East : 1309982.6064 Length: 375.94 East 1310358.3523 Length: 58.60 East 1310356.8831 Length: 119.30 East : 1310251.3291 Length: 162.03 East 1310092.9058 Length: 51.26 East 1310041. 7233 Length: 33.11 East 1310009.1625 Length: 36.43 East 1309976.1075 Length: 117.70 East : 1309858.4079 Radius: 200.00 Project: 12143 Parcel Map Check Delta: 58-10-37 Tangent: Chord: 194.46 Course In: N 11-12-33 E RP North: 165063.6089 End North: 164993.1952 Course: Course Out: Line Course: N 24-09-58 W Length: East East 40.26 East 3.53 North: 165029.9269 Line Course: S 76-16-27 W Length: North: 165029.0893 Curve Length: 22.50 Line Delta: 25-08-45 Chord: 22.32 Course In: N 76-16-27 E RP North: 165041.2545 End North: 165051.4059 Course: N 11-25-12 E North: 165250.5634 Line Course: N 47-14-41 W North: 165260.7328 Line Course: N 25-15-38 W North: 165289.5643 Line Course: N 55-23-14 W North: 165303.2254 Line Course: N 84-09-49 w North: 165304.4131 Line Course: N 70-06-53 W North: 165311.8553 Curve Length: 24.65 Delta: 70-36-11 Chord: 23.12 Course In: N 19-53-07 E RP North: 165330.6628 End North: 165330.8333 Line Course: N 00-29-18 E North: 165353.0925 Line Course: N 11-04-04 E North: 165372.5733 Line Course: N 22-13-35 E North: 165384.2278 Curve Length: 24.75 Delta: 47-15-36 Chord: 24.05 Course In: S 67-46-25 E RP North: 165372.8798 End North: 165400.9775 Line Course: N 01-50-29 W North: 165410.3426 Line Course: N 88-09-31 E North: 165417.2563 Line Course: s 01-21-02 W North: 165134.7448 East Radius: Tangent: Course: Course Out: East : East : Length: 203.18 East Length: 14.98 Length: Length: Length: Length: East 31.88 East 24.05 East 11. 68 East 21. 88 East Radius: Tangent: Course: Course Out: East East Length: 22.26 East Length: 19. 85 East Length: 12. 59 East Radius: Tangent: Course: Course Out: East East Length: 9.37 East Length: 215.16 East Length: 282.59 East ; ; page 6 Thu February 13 15:18:38 2014 111. 27 N 49-42-09 W S 69-23-10 W 1309897.2862 1309710.0913 1309693.6096 1309690.1804 51.27 11.43 N 01-09-11 W N 78-34-48 W 1309739.9862 1309689.7313 1309729.9608 1309718.9616 1309705.3573 1309685.5639 1309673.9444 1309653.3690 20.00 14 .16 N 34-48-48 W N 89-30-42 W 1309660.1718 1309640.1725 1309640.3622 1309644.1728 1309648.9352 30.00 13.13 N 45-51-23 E N 20-30-49 W 1309676.7061 1309666.1932 1309665.8921 1309880.9410 1309874.2805 page 7 Project: 12143 Parcel Map Check Curve Length: 170.78 Radius: Thu February 13 15:18:38 2014 105.00 Delta: 93-11-31 Chord: 152.57 Course In: S 88-38-58 E RP North: 165132.2700 End North: 165027.3243 Tangent: Course: Course Out: East East 111.02 S 45-14-44 E S 01-50-29 E 1309979.2513 1309982.6253 Perimeter: 2313.39 Area: 156,514 sq. ft. 3.59 acres Mapcheck Closure -(Uses Error Closure: 0.0188 Error North: 0.00043 Precision 1: 123,052.66 listed courses, radii, and deltas) Course: N 88-41-59 E East: 0.01884 Parcel name: NEW TRACT C-2 North: 165332.1017 Line Course: S 22-13-35 W North: 165320.4472 Line Course: s 11-04-04 w North: 165300.9664 Line Course: S 00-29-18 W North: 165278.7072 Curve Length: 24.65 Delta: 70-36-11 Chord: 23 .12 Course In: S 89-30-42 E RP North: 165278.5368 End North: 165259.7293 Line Course: s 70-06-53 E North: 165252.2870 Line Course: s 84-09-49 E North: 165251.0993 Line Course: S 55-23-14 E North: 165237.4383 Line Course: S 25-15-38 E North: 165208.6067 Line Course: S 47-14-41 E North: 165198.4373 Line Course: s 11-25-12 W North: 164999.2798 Curve Length: 22.50 Delta: 25-08-45 Chord: 22.32 Course In: S 78-34-48 E RP North: 164989.1284 End North: 164976.9632 Line Course: N 76-16-27 E East: 1308848.0056 Length: 12.59 East Length: 19.85 East Length: 22. 26 East Radius: Tangent: Course: Course Out: East East Length: 21.88 East Length: 11. 68 East Length: 24.05 East Length: 31.88 East Length: 14.98 East Length: 203.18 East : Radius: Tangent: Course: Course Out: East East Length: 3.53 1308843.2433 1308839.4327 1308839.2429 20.00 14.16 S 34-48-48 E s 19-53-07 W 1308859.2422 1308852.4394 1308873. 0149 1308884.6343 1308904.4277 1308918.0320 1308929.0312 1308888.8017 51.27 11.43 S 01-09-11 E S 76-16-27 W 1308939.0567 1308889.2508 page B Project: 12143 Parcel Map Check North: 164977.8008 East Length: 40. 26 Thu February 13 15:18:38 2014 1308892.6800 Line Course: s 24-09-58 E North: 164941.0691 Curve Length: 203.08 Delta: 58-10-37 Chord: 194.46 Course In: N 69-23-10 E RP North: 165011.4828 End North: 164815.2980 East Radius: Tangent: Course: Course Out: East : 1308909.1618 200.00 111.27 S 49-42-09 E S 11-12-33 W 1309096.3566 1309057.4784 Line Course: S 89-50-21 E Length: East : 117.70 North: 164814.9676 Line Course: N 65-08-34 E North: 164830.2813 Line Course: N 79-32-58 E North: 164836.2870 East Length: 36. 43 East Length: 33 .11 Line Course: N 86-50-59 E Length: East 51.26 East 162.03 1309175.1779 1309208.2330 1309240.7937 1309291. 9763 North: 164839.1040 Line Course: N 77-53-18 E North: 164873.1008 Line Course: S 62-13-27 W North: 164795.6027 Line Course: S 82-13-27 w North: 164755.0134 Line Course: N 47-46-33 w North: 164914.9573 Line Course: N 00-46-33 W North: 165094.9408 Line Course: N 06-46-33 W North: 165174.3820 Line Course: N 11-46-33 W North: 165355.4884 Line Course: N 88-09-31 E North: 165358.2145 Line Course: S 01-50-29 E North: 165348.8494 Curve Length: 24.75 Del ta: 4 7-15-36 Chord: 24.05 Course In: s 20-30-49 E RP North: 165320.7517 End North: 165332.0997 Length: East : 1309450.3996 Length: 166. 30 Length: Length: East : 300.00 East: 238.00 1309303.2611 1309006.0196 East : 1308829.7755 Length: 180. 00 East Length: 80. 00 East Length: 185.00 East Length: 84.84 East Length: 9 . 3 7 East Radius: Tangent: Course: Course Out: East East: 1308827.3382 1308817.8994 1308780.1440 1308864.9402 1308865.2413 30.00 13.13 S 45-51-23 W N 67-46-25 W 1308875.7542 1308847.9833 Perimeter: 2325.17 Area: 62,133 sq. ft. 1.43 acres Mapcheck Closure -(Uses Error Closure: 0.0224 Error North: -0.00202 Precision 1: 103,801.79 listed courses, radii, and deltas) Course: s 84-49-32 W East : -0.02233 page 9 Project: 12143 Thu February 13 15:18:38 2014 Parcel Map Check Parcel name: OLD LOT 2 North: 164364.1806 East : 1306156.2116 Line Course: s 62-13-27 W Length: 152.77 North: 164292.9877 East 1306021.0441 Line Course: N 27-46-33 w Length: 22.38 North: 164312.7891 East 1306010.6147 Line Course: s 77-09-31 W Length: 280.00 North: 164250.5583 East : 1305737.6178 Line Course: N 74-50-29 W Length: 175.00 North: 164296.3194 East : 1305568.7068 Line Course: N 21-50-29 W Length: 150.00 North: 164435.5520 East : 1305512.9010 Line course: N 08-09-31 E Length: 195.00 North: 164628.5784 East : 1305540.5742 Line Course: N 44-50-29 W Length: 120.00 North: 164713.6658 East 1305455.9566 Line Course: N 03-09-31 E Length: 80.00 North: 164793.5442 East 1305460.3647 Line Course: N 88-09-31 E Length: 220.00 North: 164800.6134 East : 1305680.2511 Line Course: s 01-21-02 w Length: 282.59 North: 164518.1019 East : 1305673.5906 Curve Length: 170.78 Radius: 105.00 Delta: 93-11-31 Tangent: 111.02 Chord: 152.57 Course: S 45-14-44 E Course In: s 88-38-58 E Course Out: s 01-50-29 E RP North: 164515.6271 East : 1305778.5614 End North: 164410.6814 East : 1305781.9353 Line Course: N 88-09-31 E Length: 375.94 North: 164422.7614 East 1306157.6812 Line course: s 01-26-12 W Length: 58.60 North: 164364.1798 East 1306156.2120 Perimeter: 2283.06 Area: 143,910 sq. ft. 3.30 acres Mapcheck Closure -(Uses listed Error Closure: 0.0009 courses, radii, and deltas) Course: S 26-03-32 E East : 0.00042 Error North: -0.00085 Precision 1: 2,536,733.33 --------------------------------------------------------------------------- Parcel name: OLD TR..~CT C-2 North: 164741.5857 Line Course: N 88-09-31 E North: 164744.1563 Line Course: s 03-09-31 W East : 1304607.6694 Length: 80. oo East : 1304687.6281 Length : Bo . o o Project: 12143 Thu February Parcel Map Check North: 164664.2779 East : 1304683.2200 Line Course: s 44-50-29 E Length: 120.00 North: 164579.1905 East : 1304767.8376 Line Course: s 08-09-31 W Length: 195.00 North: 164386.1641 East : 1304740.1644 Line Course: s 21-50-29 E Length: 150.00 North: 164246.9315 East : 1304795.9702 Line course: s 74-50-29 E Length: 175.00 North: 164201.1704 East : 1304964.8812 Line Course: N 77-09-31 E Length: 280.00 North: 164263.4012 East 1305237.8781 Line Course: s 27-46-33 E Length: 22.38 North: 164243.5999 East 1305248.3075 Line Course: s 62-13-27 W Length: 132.83 North: 164181.6993 East : 1305130.7825 Line Course: s 82-13-27 W Length: 300.00 North: 164141.1100 East : 1304833.5410 Line Course: N 47-46-33 w Length: 238.00 North: 164301.0538 East : 1304657.2969 Line Course: N 00-46-33 w Length: 180.00 North: 164481.0373 East 1304654.8597 Line Course: N 06-46-33 w Length: 80.00 North: 164560.4786 East 1304645.4209 Line Course: N 11-46-33 w Length: 185.00 North: 164741.5850 East : 1304607.6655 Perimeter: 2218.21 Area: 74,737 sq. ft. 1.72 acres Mapcheck Closure -(Uses Error Closure: 0.0040 Error North: -0.00074 Precision 1: 554,552.50 listed courses, radii, and deltas) Course: S 79-12-25 W East : -0.00391 page 10 13 15:18:38 2014 --------------------------------------------------------------------------- Parcel name: ROW DEDICATION. North: 163988.2799 Line Course: s 01-26-12 W North: 163983.7713 Line Course: S 88-09-31 W North: 163971.6997 Curve Length: 178.10 Delta: 93-11-31 Chord: 159.11 Course In: N 01-50-29 W RP North: 164081.1431 End North: 164083.7240 Line Course: N 01-21-02 E North: 164365.9855 East: 1309577.1751 Length: 4.51 East : 1309577.0620 Length: 3 75. 68 East : 1309201.5760 Radius: 109.50 Tangent: 115.78 Course: N 45-14-44 W Course Out: N 88-38-58 w East : 1309198.0575 East : 1309088.5879 Length: 282. 34 East : 1309095.2425 page 11 Project: 12143 Thu February 13 15:18:38 2014 Parcel Map Check Line Course: N 88-09-31 E Length: 4.51 North: 164366.1305 East 1309099.7502 Line Course: S 01-21-02 W Length: 282.59 North: 164083.6190 East: 1309093.0897 Curve Length: 170.78 Radius: 105.00 Delta: 93-11-31 Tangent: 111.02 Chord: 152.57 Course: S 45-14-44 E Course In: s 88-38-58 E Course Out: s 01-50-29 E RP North: 164081.1442 East : 1309198.0605 End North: 163976.1984 East : 1309201.4345 Line Course: N 88-09-31 E Length: 375.94 North: 163988.2784 East : 1309577.1803 Perimeter: 1674.45 Mapcheck Closure -(Uses Error Closure: 0.0054 Error North: -0.00150 Precision 1: 310,083.33 Area: 3,747 sq. ft. 0.09 acres listed courses, radii, and deltas) Course: S 73-58-05 E East : 0.00522 @ Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE BY Chicago Title Insurance Company Chicago Title Insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Pro- posed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require- ments; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shal.l be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. Ll\! WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Chicago Title of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 FORM 72-83-06 (6/08) Chicago Title Insurance Company By: RECEIVED FEB 2 I 2014 CITY CF R5N'FON Presidenl Secretary PLANN/N"' ru "'--;3.;1::::1)(/~itmem -2006 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other secu1ity instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shaU fail to disclose such knowledge to the Company in writing, the Company shaU be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter1 the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shaU be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amounts of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.atta.org!>. FORM 72-83-06 (6/08) ALTA Commitment -2006 CHICAGO TITLE COMP ANY 701 FIFTH AVI:'.\---CF. #2300. SEATrLL WA 98104 A.L.T.A. COMMITMENT SCHEDULE A Title Unit: U-06 Customer Number: VANTAGE GLEN Phone: (206)628-5610 lluyer(s): Fax: (206)628-9717 Officer: SA VIDIS/CAMPBELL/EISENBREY /HARRIS Commitment Effective Date: JANUARY 9, 2014 1 . Policy or Policies to be issued: at 8:00A.M. Order No.: ALTA Owner's Policy EXTENDED POLICY (6/17/2006) Amount: $0. oo Premium: Tax: Proposed Insured: 1355697 VANTAGE POINT APARTMENTS LLC, A WASHINGTON LIMITED LIABILITY COMPANY Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Policy or Policies to be issued: AL TA Loan Policy Proposed Insured: Amount: $0. oo Premium: Tax: Amount: $0. oo Premium: Tax: 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: HOUSING AUTHORITY OF THE COUNTY OF KING, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT C'OM~tA80.'i/KLC/ !l.l.05 CHICAGO TITLE COMPANY A.L.TA. COMMITMENT SCHEDULEA (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 2 AND TRACT C-2, CITY OF RENTON SHORT PLAT NUMBER LUA-08-137-SHPL, RECORDED UNDER RECORDING NUMBER 20100111900006, IN KING COUNTY, WASHINGTON. CLTAO,tAb:'RDA/0999 CH ICV,O TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB Order No.: 1355697 Your No.: VANTAGE GLEN Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation1 variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Recorck D. Any lien, or right to a 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. E. Taxes or special assessments which are not yet payable or which arc not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all right,<,, relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including casements or equitable servitudes. H. Water rights, claims or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for valui.: the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMB bk 05/17/07 CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB (Continued) Order No.: 001355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, B C GRANTEE, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, THE PACIFIC TELEPHONE AND TELEGRAPH co. LINES OF TELEPHONE AND TELEGRAPH AND OTHER COMMUNICATION CIRCUITS EASTERLY PORTION Of SAID PREMISES AND OTHER PROPERTY NOVEMBER 19, 1929 2572153 THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. A PARTIAL RELEASE OF SAID EASEMENT AS TO A PORTION OF OTHER PROPERTY WAS RECORDED JUNE 30, 1959 UNDER RECORDING NUMBER 5050185. D 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, ROAD PORTION OF SAID PREMISES AND OTHER PROPERTY JUNE 21, 1949 3912209 E 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, RESERVED BY, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, IRA G. AND LISSA CARR, HUSBAND AND WIFE ROAD PORTION OF SAID PREMISES AND OTHER PROPERTY AUGUST 16, 1951 4161927 F 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, RESERVED BY, ARTHUR R. MEISTER AND MILDRED CLTAC'\.!Bl/RDA;'IE99 G PURPOSE: CHICAGO TITLE COMPANY AL.TA. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS AREA AFFECTED: MEISTER, HUSBAND AND WIFE INGRESS AND EGRESS PORTION OF SAID PREMISES APRIL 14, 1971 RECORDED: RECORDING NUMBER: 7104140215 SAID INSTRUMENT CONTAINS PROVISIONS FOR BEARING THE COST OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE ACCESS BY THE USERS. H 5. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: I 6. J 7. GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC SYSTEM A STRIP OF LAND 10 FEET IN WIDTH AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED WITHIN SAID PREMISES SEPTEMBER 7, 1984 8409070698 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. EASEMENT AND THE TERMS AND GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: EXCEPTIONS AND RESERVATIONS FROM: RECORDED: RECORDING NUMBER: CONDITIONS THEREOF: SOOS CREEK WATER AND SEWER DISTRICT SANITARY SEWER NORTHERLY PORTION OF AND OTHER PROPERTY MARCH 8, 1991 9103080657 CONTAINED IN DEED: JOHN WINSTON NOVEMBER 22, 1907 521719 SAID PREMISES CLTACMB.2/ RDA/0999 CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS AS FOLLOWS: ALL MINERAL RIGHTS K AFFECTS: A NORTHWESTERLY PORTION SAID PREMISES L 8. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: IRA G. AND LISSA CARR, HUSBAND AND WIFE RECORDED: RECORDING NUMBER: AS FOLLOWS: ALL MINERAL RIGHTS AUGUST 16, 1951 4161927 M AFFECTS: A NORTHWESTERLY PORTION OF SAID PREMISES N 9. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: GLACIER PARK COMPANY, A MINNESOTA CORPORATION SEPTEMBER 23, 1981 8109230502 AS FOLLOWS: EXCEPTING AND RESERVING, HOWEVER, UNTO SAID GRANTORS, ITS SUCCESSORS AND/OR ASSIGNS, ALL OF THE COAL, OIL, GAS CASINGHEAD GAS AND ALL ORES AND MINERALS OF EVERY KIND AND NATURE UNDERLYING THE SURFACE OF THE PARCELS HEREIN CONVEYED, TOGETHER WITH THE FULL RIGHT, PRIVILEGE AND LICENSE AT ANY AND ALL TIMES TO EXPLORE, OR DRILL FOR AND TO PROTECT, CONSERVE, MINE, TAKE, REMOVE AND MARKET ANY AND ALL SUCH PRODUCTS IN ANY MANNER WHICH WILL NOT DAMAGE STRUCTURES ON THE SURGACE OF THE PARCELS HEREIN CONVEYED; EXCEPT, MINERAL RIGHTS RESERVED IN DEED RECORDED IN KING COUNTY UNDER RECORDING NUMBER 521719. W 10. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20100111900006. CLTACMB2/ROA/CQ99 CHICAGO TITLE C0'.1PANY AL.TA. COMMITMENT SCHEDULEB (Continued) Order No.: 13 5 5 6 9 7 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS 0 11. NOTICE OF HOOK-UP CHARGES IN LIEU OF ASSESSMENTS FOR SEWER SERVICE: BY: DATED: RECORDED: RECORDING NUMBER: CASCADE SEWER DISTRICT JANUARY 16, 1975 FEBRUARY 7, 1975 7502070239 P 12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: R BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: KING COUNTY WATER DISTRICT NO. 58 KING COUNTY HOUSING AUTHORITY JUNE 6, 1983 8306060671 SEGREGATION AND DEFERRAL OF CONNECTION CHARGES FOR WATER SERVICE SERVING SAID PREMISES 13. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: 14. AGREEMENT AND THE TERMS AND BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: CASCADE SEWER DISTRICT KING COUNTY HOUSING AUTHORITY JUNE 24, 1983 8306240615 SEGREGATION AND DEFERRAL OF CONNECTION CHARGES FOR SANITARY SEWER SERVING SAID PREMISES CONDITIONS THEREOF: POLYGON 2000, INC. KING COUNTY HOUSING AUTHORITY MARCH 22, 1991 9103221062 LOCATION OF A FENCE S 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: l "l.'IAl "MH2/H.llA/0999 BETWEEN, AND, CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS POLYGON 2000, INC. RECORDED, RECORDING NUMBER: KING COUNTY HOUSING AUTHORITY JULY 9, 1991 9107091017 REGARDING: LOCATION OF A FENCE AND A DRIVEWAY T 16. THE TERMS AND CONDITIONS, IF ANY, OF UNRECORDED KING COUNTY BOUNDARY LINE ADJUSTMENT NO. S 92L0098, AS DISCLOSED BY THE KING COUNTY TAX ASSESSOR'S ROLL. U 17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: V 18. AGREEMENT AND THE TERMS AND BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: KING COUNTY HOUSING AUTHORITY TCI CABLEVISION OF WASHINGTON, INC. JUNE 16, 1999 19990616001402 BROADBAND EASEMENT RIGHT OF ENTRY AGREEMENT CONDITIONS THEREOF: KING COUNTY HOUSING AUTHORITY TCI CABLEVISION OF WASHINGTON, INC. SEPTEMBER 11 , 2000 20000911000539 BROADBAND RIGHT OF ENTRY AGREEMENT AH 19. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. (NOTE: A DEED EXEMPT FROM EXCISE TAX IS STILL SUBJECT TO THE $5.00 TECHNOLOGY FEE AND AN ADDITIONAL $5.00 AFFIDAVIT PROCESSING FEE). CL TAC'\,182/RDA/0999 CHICNiO TITLE COMPA1'Y A.LT .A. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS X 20. THE PROPERTY HEREIN DESCRIBED IS CARRIED ON THE TAX ROLLS AS EXEMPT. HOWEVER, IT WILL BECOME TAXABLE ON THE DATE OF THE EXECUTION OF A CONVEYANCE TO A TAXABLE ENTITY AND SUBJECT TO THE LIEN OF REAL PROPERTY TAXES FOR THE BALANCE OF THE YEAR FROM THAT DATE. TAX ACCOUNT NUMBER, LEVY CODE, ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENT, AFFECTS, LOT 2 322305-9362-03 2128 $ NOT DISCLOSED $ NOT DISCLOSED AI 21. SPECIAL TAXES FOR NOXIOUS WEED, CONSERVATION AND/OR OTHER SPECIAL CHARGES, 1ST HALF DELINQUENT MAY 1ST, 2ND HALF DELINQUENT NOVEMBER 1ST, YEAR, AMOUNT BILLED, AMOUNT PAID, AMOUNT DUE, TAX ACCOUNT NUMBER, LEVY CODE, 2014 $ (NOT YET AVAILABLE) $ 0.00 $ (NOT YET AVAILABLE) 322305-9362-03 2128 NOTE, TAXES FOR 2013 IN THE SUM OF$ 7.27 HAVE BEEN PAID. AFFECTS, LOT 2 Z 22. THE PROPERTY HEREIN DESCRIBED IS CARRIED ON THE TAX ROLLS AS EXEMPT. HOWEVER, IT WILL BECOME TAXABLE ON THE DATE OF THE EXECUTION OF A CONVEYANCE TO A TAXABLE ENTITY AND SUBJECT TO THE LIEN OF REAL PROPERTY TAXES FOR THE BALANCE OF THE YEAR FROM THAT DATE. TAX ACCOUNT NUMBER, LEVY CODE, ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENT, AFFECTS, TRACT C-2 322305-9363-02 2128 $ NOT DISCLOSED $ NOT DISCLOSED l "I. !Al "MH2/ IUJA/f'fl99 CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS AJ 23. SPECIAL TAXES FOR NOXIOUS WEED, CONSERVATION AND/OR OTHER SPECIAL CHARGES, 1ST HALF DELINQUENT MAY 1ST, 2ND HALF DELINQUENT NOVEMBER 1ST, YEAR, AMOUNT BILLED, AMOUNT PAID , AMOUNT DUE, TAX ACCOUNT NUMBER, LEVY CODE, 2014 $ (NOT YET AVAILABLE) $ 0.00 $ (NOT YET AVAILABLE) 322305-9363-02 2128 NOTE, TAXES FOR 2013 IN THE SUM OF $7.12 HAVE BEEN PAID. AFFECTS, TRACT C-2 ~E 24. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF, GRANTOR, TRUSTEE, BENEFICIARY, AMOUNT, DATED, RECORDED, RECORDING NUMBER, THE HOUSING AUTHORITY OF THE COUNTY OF KING CHICAGC TITLE INSURANCE COMPANY NORWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR THE BONDS REFERENCED THEREIN $ 32,955,000.00 JULY 1, 1998 SEPTEMBER 10, 1998 9809102193 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AC AFFECTS, INCLUDES OTHER PROPERTY AP 25. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF U.l"ACMH2/RDA/~ CHlCAliO TITLE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. AX 26. IT IS OUR UNDERSTANDING THAT THE PROPOSED TRANSACTION WILL INVOLVE THE INSURANCE OF A LEASEHOLD ESTATE WHICH HAS NOT YET BEEN ESTABLISHED OF RECORD. DOCUMENTS NECESSARY TO CREATE SAID INTEREST MUST BE SUBMITTED FOR OUR REVIEW AND APPROVAL. IF ONLY A MEMORANDUM OR SHORT FORM OF LEASE IS TO BE RECORDED, THE FULL INSTRUMENT, TOGETHER WITH ALL AMENDMENTS, MUST BE SUBMITTED . . ,r 27. TITLE IS TO VEST IN VANTAGE POINT APARTMENTS LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AND WILL THEN BE SUBJECT TO THE FOLLOWING MATTERS SHOWN AT PARAGRAPH(S) 28 AND 29. AM 28. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR VANTAGE POINT APARTMENTS LLC, A WASHINGTON LIMITED LIABILITY COMPANY. All NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. AO 2 9. ANY CONVEYANCE OR MORTGAGE BY VANTAGE POINT APARTMENTS LLC, A WASHINGTON LIMITED LIABILITY COMPANY, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. AQ 30. ANY INSTRUMENT TO BE EXECUTED BY HOUSING AUTHORITY OF THE COUNTY OF KING, A MUNICIPAL CORPORATION, MUST BE IN ACCORDANCE WITH STATUTE. SATISFACTORY EVIDENCE OF AUTHORITY MUST BE SUBMITTED. A~ 31. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED HEREIN. THE PARTIES MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. AR 3 2 . IMPORTANT I I THIS TRANSACTION HAS NOT BEEN APPROVED FOR INSURANCE AGAINST UNRECORDED LABOR AND MATERIAL LIEN RIGHTS NOR FOR MATTERS THAT COULD BE DISCLOSED BY AN ACCURATE AND COMPLETE SURVEY OF THE LAND. YOU MAY NOT CLOSE UNTIL YOU HAVE RECEIVED A SUPPLEMENTAL FROM THE TITLE UNIT ADDRESSING THIS PARAGRAPH! CL TAC MB2/RDA/1)999 CHICAGO TITLE COMPANY A.L.TA. COMMITMENT SCHEDULEB (Continued) Order No.: 1355697 Your No.: VANTAGE GLEN SPECIAL EXCEPTIONS TO PROVIDE AN EXTENDED COVERAGE OWNER'S POLICY GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. IF THE ANTICIPATED CLOSING DATE IS LESS THAN 4 WEEKS FROM THE DATE OF THIS COMMITMENT, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. AS 33. PRIOR TO ISSUING AN EXTENDED FORM OWNER'S POLICY THIS COMPANY REQUIRES THAT THE PARTIES TO THE TRANSACTION PROVIDE AN ALTA/ACSM CERTIFIED, AS-BUILT SURVEY. AE NOTE 1, ANY MAP FURNISHED WITH THIS COMMITMENT IS FOR CONVENIENCE IN LOCATING THE LAND INDICATED HEREIN WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE THEREON. AF NOTE 2, THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT, LOT 2 AND TRACT C-2 CITY OF RENTON SHORT PLAT REC.# 20100111900006. AT NOTE 3, IN THE EVENT THE OWNER'S POLICY COVERAGE IS CHANGED FROM EXTENDED TO STANDARD COVERAGE A CHARGE OF $230.00, PLUS $21.85 SALES TAX, WILL BE ADDED TO COVER THE COSTS RELATING TO THE EXTENDED COVERAGE INSPECTION. END OF SCHEDULE B CLTACMB2/RDA.109:J9 Assessor-Map N A 't., ---'~~·" ___ _ \ 1,.0' '0~ 7,. ~ ... "' s: Page l of l L.,,-···-··· SE 1 SOTl-1 ST SE l_SOt.h. St S.I:. HIO"l H ~ I RECEIVED FEB 2 I 2014 CITY OF RENTON PLANNING lJIVISION This map has been copied from the public records and is provided solely for the purpose of assisting In locating the premises. No liabilities are assumed for inaccuracies contained herein or for variations, if any, in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. http:// geo. sentrydynam i cs.net/WA_ King/ assrmaplarge.aspx ?parcelid=3 2230 593 62 1/7/2013 N 0 l/1 0 n N $ '° - QUITCLAIM DEED - 1!.,..:-:1,,~, .! 'Y:,... .-:· The Grdntor, GLAC[ER PARK COMPANY, a Minnesot.a corporation, for .rnd in consideration of TE'i liOLLARS ($10. 00) ancl other va 1 uab le consideration, receipt of which b hereby acknowledged, conveys. ~ ·,d q1Jitclaims. to the f-OUS1"G AUTHORIJY Of THE COUNTY OF KING, a municipal co~poration of the State uf Washirygton. all of it~ right, title and interest in and to the fallowing descr1bed real estate situated in the County of King, State of Washingtcm, including dny aft~r ~cquired title: P3rce 1 1. Parcel 2. Pdrcel 3. The north nalf of the southeast quarter of tne northwest quarter of Section 32. Township 23 North. Range 5 East, W.M.; EXCEPT t~e easterly 50 feet in width 1 and EXCEPT the soutii'""15 feet of the east 43G feet, also ~~- The south 400 feet of the west 495 feet of the northeast quarter of the northwest quarter of Section 32, Township 23 Narth, Range 5 East, W.M~, in King County. Washington; EXCEPT the rior;.h J7 feel of the east 395 feet thereof. The south half of the southeilst quarter of the northw-,est q1idrter of Sect ior1 32, Town,;,hip 23 North, Range 5 East. W.M., in King County, Washington;.. EXCEPT thot portion of the east 430 f~et therecf lying no~ the south 210 feet of said south half. and EXCEPT t~e south 110 feet of the east 240 feet thereof, a~PT the east 30 feet thereof conveyed to King County for~ purposes by deed recor"ded ~nder Auditor's File No. 791761. and EXCEPT the west 10 feet of t~e east 40 feet thereof convey~1 'io'"ttie State of Washington for-highway purpose:,. by deed recorded under Auditor's Fi le No. 7305150405. ;:;B::c• F rnsHSL lhe north half of the north half of the northe3st QUdrter of the ~outhwest quarter of Section 32, Township 23 North, Range 5 Cast, W.M .• in King County, Wd'J.hir19ton, EXCEPT the west l foot ttiereofi and EXCEPT the fo I lowing des.cnbed portion thereof: ~~- Beginning at the northec:1st corner of said subdivision; thence south 1'26'23" west dlonq the east line of said subdivision 329 feet to th~ point of beginning; thence north ar40 1 12" west 912.26 feet to the east line of the west 401 feet of soid subdivl5ion; thenH suuth 1·20'56" we:;~ c1long said east lfne 5-'l.56 feet to the south )ine of S<iid st.bdivi~ion; t~ence north a9•3s•54• east dlo~9 Sdid suuth line 912.51 feet to the east line of said subdivislon; thence nor"tll 1·26'23" east alon9 sait1 east Jine 11.86 feet to the point of beginning; and [XCEPT the east 40 feet thereof. ~~- flLEO ior l/ecord at Request 01 ·, "" .. :J.. D /Jla "k~ .. , 6: .:) .cJ,/,e,j .s1 .. s:.... .. -,,,. .r:~"" a ;'6 _.Sv~rl'r,, .. LL'. .. /:L<liic(j' !0,, lXCISE: TAX NOT REQUIRED King Co. Records Division .. ") l) A, 'ob , Oeou!J S4rjprmnk02 1 ~ in 0 M N 8 co Jlarcel 4. .. -- The east i;l.5,: feet of thlf' fol lowing tract: That portion of the northwe'5t quarter of the nonhwest ,1uarter of Section 32, Tmrnship 2'3 Horth, Pange !:: f.a..q. lf.H., in King r~unty, Washington, descrihed :,s follows: RegiMing at tbe northe:'.ist corner of S:'lid ~bdivision; thence south 0•26'5811 west 11l011g the ea~terly l.:ine <'If o::;~fd subdivision 337.02 feet to the tl'Ue pcint of beginnin~; thence :50uth 66.J9'24" west ISR.32 feet; thence ~outh 2•24 1 54" west 336.52 feet; thence south 86 9 39 1 20" west 165.00 feet to the e~sterly line of the J.C. C~rr ~oad; thence .south 2•24• S4" west along said easterly line 70.40 feet to a point of curve; thence souti1erly aJong: saiid easterly line following a curve to the right having a nrlius of 244.18 feet, mi arc distance of I87.S3 feet to the easterly line nf a private road; thence southeasterly in ~ str~ight line along the easterly line ~f said private ro~d 120 feet, 11orc or less. to a point in the southerly line of the north half of the southeo:st quarter of the noTthwest quarter of the northwest quarter of 5aid sect]IJTl distant south 86.59'16" west 342.07 feet from the easterly line of said subdivision; thence north 3fi.i59'lfi" east 342.07 foet; thence north 0•26 1 58 11 east along tJ,e easterly line of said subdivision 674.04 feet to the true po:lnt of beginning; except portion thereof; conveyed to King County for road puIT1oses by deed recorrled under Auditor's File No~ 587f1S~. This conveyance is subject to al! easements, ertcnmbrances~ reservations, restTic:tions of record. EXCEPTING AND RESERVrlG, however. untQ '."i"'id Grantors, its :-;uccessors and assigns, all of the coal, oil, gas, casinghead gas and all !'.'Ires and ninerals of every kind and nature tmderlying the surface of the parcels t-.erein convey~d, togetheT with the full right, privilege and license at ~ny and ~11 ti:'.'es to explore, or drill for and to protect, conserve, mine, take, remove and m;irket any and al 1 such products in any manneT ,~hich wil 1 not daria.fe structures on the surfac~ of the parcels herein conveyed; EXCEPT, mineral rights reserved in Deed recorded in King County, Auditor's Nee. 521719. IN WITNF.SS WHEREOF, sai,l corporation has caused this instruf'!t"nt tf' be executed by its f'1'0J'l'l!'T office• ,md its COTf'Orate sciJl to be hereuntn affixed this 18th day of Septe11iber • l ~81. GLAC!rn PARK COMPAf!Y !\TIT:ST: / , ,...1 Ry. ~--!J:-l-,~--'-''~""'-~"-'=,-,{j"'°""4~fi,..,,_,f:...' -- ' Assistant Serretary 2 (\J 0 l{) g (\J g; co ' -- STAn. o;: ~n,;:;[SfJTA )"s~. COUNTY OF nA"'SEY ) On this 18th day of September J 1981, before l'!e ~nr,nall!f appeared J. C. Kenady and G. F. SteinhibeJ • to t,e l:no1o.T1 to be l'Tesident and Assistant Secretary of the eo,Poration that exer.u!e~ the within and foregoing instrument ~~d aclrmwl~ged s~id instru111ent to he the free and voluntal')' act and deed of said cnrpontion for the uset and pti:ry,oses therein llCntioned and on oath stated th<1t they were authorized to exeCllte the said ir.stru- ment and that the seal affixed is the corpor~te ~al nf !laid COlForation. m t\'l'IWES~ IIIIIF.RF."'F, I ha\-e hC'reunto set my hand and .tffi:x:ed rr.y offidal seal the day and year first abuve written. 3 e State o Paul. oi z n N ~------------- ~ • ! Ci < ' ~I i • " " I ~I ' ' ii ~; !! t ,, ii ., i-! 'i •, !1 ,. •• >• !i 5' ' ~i ! ! I -· ' • H e l ' • ~ g " "' I" ig .--! ,, .,, .. '" ,, ,; ,, ~!' l, ~~ _l ' g~I £:il ~e ; g J !-··-.s •l i ,! or ·-.. f ' !:1 H. * ..... ...-; ·._.~ ,1; 'i "":i 5,.,t r · " i:, ir c... . ~ ·::.·-~ ~i ~ ;, ·. . " f-, ~-· §I~ ... -;~·-.. \ < et: . . f-, :i: lil •I .. • l"' I ' " } "' ~c·. .!.a.A @! ..s, ---~ ""' < ..s, ;~ ci z ' ' • ;~ H, 1 ~~ ~. r ,! ~ ' '-,.., ::E I c:, ~ ~2 .,j J) 2 33 ,' z ~- \ ' \ '~ 0 -- •••• 1aat nd ''o" li u12r, l•lB ~Zl.U Oo t J.S llJI. fl ;o. a. Oen n . to ·r ,t! F1141! 10 Telephelrae as Telegrtipb c·oa,,117 J. B/w 1a ti.by gted-rn au UO• •• · • Tb• SZ! ,,f K1ft ot Seo 32 T:,,p Ill SR O ea u4 PIVP Milli aole ,,114 11191' pmJ c,r tha gi,r. 'rile eb• n11ohor to be J>lt.oecl a\ a cl SP t o: ll;,, t ar• tl'lr ltliea li' n f'.tOIJ t.i. tl&h•r a/s ,114 1b11 x all .r tte al>, ~110, --llal. lo sl~u es l!lo.-- 1 dt .In Oot l 4 lSJ£9 b~r D. s .. irTeOOlllt 11 e ~l' N lQ3:.!I .0. S, O.Ot a.at ~r a... J :r.1, nan n p (Ml a •• 150) ,-, / ••• ,.. '11 / rm n na ~ 0 •• .. -- PARTIAL RELEASE OF EASEMENT WHEREAS, by written 1netrument dated October '14, 1929, D.S. GENT, a bachelor, granted to THE PACIPIC TBLEPHONB AND TELEGRAPH COMPANY, a corporation, hereinattermtel'l'ed to aa the "Telephone Company", an easement on and over that oertain land 1n King County, Waahington, deacr1bed aa tollowaa The Southeaat quarter or the NorthltePt qU&l'ter (Sit NWt) or Seot1on th1rt1-two (32)t Towna_h_1P twenty-three (23) North, Range r1ve 5) Baet, W.M., King.County, State ot waah1111ton, being the aole and 1eparat1 pi'oper.ty ot tbe pantor aaid eaeement being recorded 1n the ott1oe ot the Alld1tor ot ba1d County 1n Volume 1•-5 ot Dead, at Page 61•1 and WHEREAS, a portion or the above-de1cr1bed l&DCI 1a not required by the Telephone complftY' tor the purpoa•• ot &aid eaaement1 NOW THEREFORE, 1n con1iderat!.on ot the ,um of one Dollar ($1.00), r11oe1pt whereof 11 hereby aokn0111eqed,, the Telephone Company doea hereby releaee, oonve;y and qu1tolaia unto Hid D. s. O!MT, and to h1a 1uoceHor1 in 1nteHat, lle1r1, executor•, adm1n11trator1 and aa1ign1, all right, title and 1nter111t acquired by it by virtue ot said eaHHnt, in and .to· the tollowing•deaoribed portion of the land above-deaor1beda The north two hundred tan (210) teet or the. southeast quarter of the southea1t quarter ot the Northweat quarter (sst·ss, lftft) ot Seot1on thirt;,~two (32}, Townah1p twenty-three (23) North, P,nge rive (5) Et.at, W.M. . · · . In all other raapeuta, aa1d easement ehall remain 1n Ml force and effect, >' . : l~ I executed -- IN WITNESS WHE:REOF, the Telephone these presents this~ay of Company hae Jul'(# I 19590 THE PACIFIC TELF.PHONE AND TELEGRAPH COMPANY •2-• .. -- 3912209. . ~ in kc,r ?hose 11t1111 '1t' tJla Bt or tbe lllt or Se4 32. tp 23 11 II 5 I! WIii dal': .·.· Tbe "! ot ti... "f ot ti. Q of t!le .o. Bi ot the •h ucept co J"df ,,. ; "the I ot the K or the w fl/I M llt ot the WiJ ••~ oo rd; , . ., tta I or tlM w Ott tlae I f4 11d nt ot tlw •f uoes,t rd tllll wtMl""a the •P .Poe -" or ~. ric asCld ;:,t1 adJ tbe ab"' ~::~ r~ f't ~/ ~he ,;_t,;., ti. •i ot 8" 32, tp 23 • B 5 ! WII and wheNa.11 tbe ~l't1• ID'to 4-in to 02-te an ••• tor r« Offr anci aoroee • the lid ,roperu ... tor the aut•l baut1t ot tm p:rope1<,1ea1 N ea•• to be 15 rt on e1tMl' •141 ot the ln o-.on to the abT cSnod propertt•• (ao,1.'t lrw 2op-2- .... 'Uutref'oN, tor .al •CIIIIJ:1.4el'&t1c,n aa4 1n OC!U14en,.t1on ,,; tile pNa!Jlea nob or tM i,an!e• laAo stw aJld gl'llllt a.cb to tbe oth'7r u ea"' ro,. rd p.1.rpo999 oMr a.a aarasa tu 11tr1p or lan<l ab" a .. o4* crd to tt..1r N11P9Ctiff 11e1n .. a41tbd .. atratol'll1, •eelll:orw a.nil auJ.gna 'l'b 1a f 8 8 COi' l'q wiSll '-1aRil ._rd I, 5Yltle 111WNII 1'. Slli\k 1111 a. Ca1'1' :Li•• can lctllf L1 2549 b7 llel'l!IU'd ll,lllttle &Ill 11114"4 Y. Sutt le, Ind ~t JIUIIHll !!. J-Ill> fOlt 11111 N• at :; (IU! Jltb 7-50) 11:ew Jun 1549 by In a. Cal'P and lJ.aa Carl', bd' bet Oeorp v. Aaea np tor wn r1u, 11t JlentOft {• Oct ll-.lf9)1n to ap Rent:-. Rt 1 Box 600 . ) 'i , -, t , ~ \iJ ( ,, -- D AU& 16-51 .· \161927 Sep 17-~9 •10. ---(I'm TUUIZ 12299} Ira a.car~ sod Lisae Carr hw .... , . " . to A.R.Ne1eter and Shirley Meiater,bis daughter Pp cy aru, wrr to sp the rure 1n 1cow The s 940 rt or the w 495 rt ot the Jm#'of the Rvi or sec 32 Tp 23 nr 5 ewa except ell mineral rts at.a a 15 ft strip or ld alg the E side reserved t,;r road purp Tra O~C&l'T' Lissa CWZ' kcw Sepl7-49 b7 tra o.carr au L11aa Carr betJ Nary q!gdon np tor aw res at Renton us Jul 31-53 (Ml A.R.Me1sterRt 4 Box 748 Renton) (S) 't' # .., I • µ ! ' '- l() ."\J 0 '<r .,. 0 r-- J ; .. -- r /f-..J[rt.1,,2~ ,,_,. STA'!'tl'tORY WIIR.RAN'l'Y DEi!.!! TH.B GRA..'fTORS, ARTHUR R. MEI!;TaR, also knOlim as h.. R. IUISTER, and MIU)RBD 'G:IS~BR, his wife, tor and in conaideratit".ln of Btx'rY NINE THOUSAZ<!l SEVBH HUNDRED PIPTY AND N0/100 {$69,750.00) DOLIARS, in and paid, conveys a.nd warrants to lARRY A. LACKIE and DIANE !ACKIE, his wife, the following described x~cl estate, situated in the County of Kin·;, State of Waah1ngton, to-wit: PA.FICEL A. The west 360 feet of the south half of the north hal~ of the southeast quarter of the nortl1west quarter of Section 32, Township 23 North, Range 5 East, w. M., and PARCBL B. The south 400 feet of the west 495 feet of the northeast quarter of th~ northwent quarter of Section 32, Township 23 North, Range 5 East, W. M., EXCBPT the eaat 15 feet thereof reserved for road by De&d recorded under Auditor's File No. 416:927. and PARCEL c. The north half of the north half of the southeast quarter of the northwest quarter of Section 32, Township 23 North, Range S, East, W. M., except the easterly 366 feet in width, together with an easement for ingress and egress over the south 30 feet of the east 366 feet of the above described ~ubd1vis1o~, but·reserving to the granters an easement for ingress and egress to property retained by grantors, n~ly, the easterly 956.14 feet of the south half of the n~rth half of the southeast quarter of the north- ~e3t quarter of Saction 32, Township 23 North, Range 5, East W.M., over the south JC feet of the west 283. 2 f·..,~t of the east 649 .. 2 feet of the first describ~d subdivision (Note: All ea&t and wi~st measurements are to the divis1on 11ne between tbe east and west one oalf of Section 32t Township 23 North, Range 5 East w. M., and being approx.iaately the center of County Road known as 108th Aves. E.). It ts understood that the westerly 260 feet of ease- ment reserved is limited to ingress and egress in connection with ~se of an existing dwelling on the westerly 325 feet of the easterly 956.14 feet o! the south half of the north half of ths southeast quarter of the northwest quarter of Section 32, Township 23 North, Range 5 East, w. M., and that Sdid portion, namely~ the westerly 260 f~et of the easement rese.t"Vad uhall cease upon the eata.blielunent of roads h~1n9 established in the future which will give reasonable access to the aforementioned dw~lling. E J f"'ll l ;_ I I lD '\j :::> ~ V :::> I'- .. --· The te%'111& and conditions of the Agreement Jll0d1fy1ng Real Betat• contract, dated the 15th day of May, 1959, by and between the partied hereto, harein~fter quoted, shall be 1n full force and etfact as to the e~s~nts above recited, W"i'tich are granted or reta.ined by the parties to thi• deed. a) 1;4. b) "5. All easement roads granteL! ·or reserved aha)_l be kept open for use. No vehicle or object shall be parked thereon, except for the tnaporary purpose of loading or unloading the ea111e, and neither p,rty hereto shall permit any of their livestock to be on said e3sement roads. In connection with the easement roa.ds granted and con,~eyed .. the parties hereto t:hall make rea11onable use thereof by reducing speeds so a& not to endanger life or property of people residing along the saaie and to avoid unusual wear, tear and damage to said road resulting fron excessive ~peed and brakinge The partie..J hereto shc:1-1 share equally in the responsibility of aa.intaining the easement roads in passable conditio~,. No cost for ,naintenance shall I><> incurred by either party which w~ll become in whole or in part, the fin,a;.1cial obligation o~ the other party, except whe~e mutually agreed.n T'•is deed is given in fulfillment of that certain real estate c~:-:tract between the parties hereto. dated the 20th day of February, 1958, as modif;ed by Agreement Mod1rying Real Estate Contr.act dated the ~5th day of May, l9S9, and conditioned fo:r '-.he conveyance of the above described property, and the covenants of warranty heroin contained shall not apply to any title,. interest or encumbrance arising by, through or under the purchaser in said contract, and shall not apply to any taxes, asseasments or othe~ charges levied, asseseed or becoming due subsequent to the date of said contract. The County excise tax was patd on February 24, 1958. under County Treasu1:er • s receipt No. B-289662~ Dated this _.,2....,fw:EC:a..·-__ d;i r of June, 19 59. I I I.{) .-\J 0, ~I q-:. or ,-... - SfATB OF ~ASHINGTON ... COIJN'l"{ 01' ICL:lG ) On this day peraorJ~~_ ly app.1ared before aae, ARTHUR R. Ml!ISTBR, also known as A. R. MEISTER, and MIIDRED Ml!l:STBR, husband and wife, to me known to be the :lndividuals described in and who executed the -within and ~oregoing lna~rument, and acknowledged to me that they signed and aealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVSN UNDSR MY HAND AND OFFICIAL Sl!l\L this d~y of Ju~~; l9S9·. ~ t. W iiuc~tJ: state of washingtnn residing at d -U-·(&_ I ~r --r- - _CORt~ij ·riJL, •• u ........... . PAGE ............ ·"'-' 1971 APR 14 A'I. 8 co OIRECT."'lt\·i=°;E•:::.:~:JS 1. ELECTIONS•Klll3 C'O. WM. . ' DEPUTY - .. · ·,. .. ~ ~- !1 ''. ir l1l ~~ jJ .. ;i, f,t ., ill' • "' [( .. .!=g ~ ... ~-t;> l'C .., ...... <.r. •· I!; .. " ., ... ~ -<: I !1 ., e ~ Ii i1 a. g , "'I ) .. ·~ i --ORIGINAL PUGET POWER EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM ror and in considan1tion of One Dt'.>llar (SI.Ori\ ana other v,:)uable CQn:!lideration, th~ r~c;tdpt. of which i9 hor&b:t sckl\o,wled9ed, .Tli.E_HQUSJ.!tG . ..AU.TH..Q__R.l.'n'....J}t THE _cQVNTY OF RING ..... _,i, .mlllli~i..Prtt.~or.20.ro.tJ&n_ .of .. the .St.At.e-<>.L!!Alihins,ton_ ___________ . ----------------------- 1 .. c:r.an11w-·· h••r.•ml. ~r11n1s. O'll'\\·r.1'1 ;ir,,! w.irrJnt,. !rt rL'Gf.T SOl''-:D POWER & LIGHT CO~•PANY. 1 W1shinpll'I «-r· l'"f"linn 1"(;r,1'1lt'r"' hrrf'inl. ((II' iht.• l•lltfl(l~t>\ ht'tt1r111f1u :-d f,,r1h 11 1~rpl"lulll H,,.,-ml!nl undn. •ctuM and O\'l!'t 1hr !,,). ln\1·i11w 1h.i-crih,.,I ro.';il ~l)Jlt'ft,· lltw! ··pr1,~r1v· h<!niinl -··-· ~...K.ing._ Ct111nl)'. \t,/111lunfl"ln11. SEE ATTACHED EXHIBIT "A" I0:698 a 4.00 ..... ~.oo l l l~ EXCISE. TAX. NOT .,EQu1r .;.L- 1\•1'1& Co. llecord5 ..i1'l'l~liln 8y .;}. f/,,did.J . °'"~ E~cer1 ~ maJ-· M otherv,,isit sel forth hueln C,-n1ee-'s rllMS lhab be exercised upon hr p,,ninri ol th.~· ftt.-~ of W,1y-hen-in) descibed 1H f~IO\l.'S: ., Ri11h1-0f-W.ay r.,1 in "lll·idth ha\'ir\P: 5 fMtof ad ""idth onuchsicle ol a cenltr" Jim• ducribl.d u. follows: The centerline of Grantee's facilities as constructed or to be constructed. ext.ended or relocated. within th.a above described Parc~ls li 2, 3 and f. 1. furpalL Grml:H shall hive Ike tifh1 IU mnttnlcl operate.. maintain. repair._repllCe ande111arft an llftde111lWD4 eltcUk: trarism~ and/or dLstrlb11t11n l)'Slem upmi a1ld l.mder the Rip.t-ol'-W1y 1Q111h1t wt.lb all IMCIIIUY ar ~-IJl'- purter.ances lherdor. wi¥dl mll)' ba:tvdt! but 1n1 IIDI hmltad tit Im follDwta:t: lmdlf'll"OW'd CDlllha... mbha,. CN1111alc:atlcla lines; va11l11. 1n1>nboles. rw!ldies. md bwulrntnttS; ,lid ~ried or pGQDl( !11,DUnt«I fdlll• Followill8 .. inllialCllfto ,tr\lction ot ill facillliea. GraMflfl may ftom. til'ne IV 1i1H amtNct Sia ... lkmal facihlia • It may reqmte. 1. Mil:IIIIL Grantttshall ha~ lherilhl of KCe!II to the ~Wayowr llldacraa !hie PrOllfflY• ~Cnn .. lDan,.. ruitibrqlttsheminder.pmidecl.llmCmtMah.ll•Clfllllpe,_.Cnn,..,.for!MlY.._.,.111,the~t1nedbyt.e,per-°"' ol said rilh• of KCt!IS. :S. Obst, I I I r+ Grantee-may from lime to lime .....w tr-. ........ otherobincdGIII wilbln dw-- ol-\\'•~-and •11o~· leve:I ud ll'Mt-llw Rifht-0PN1y lo the UNIII. reuiaaably Ma11MY lo cany NI the papoMII NI fcrtli ID pan,raph t heraof. porided. lhal loDDwlna Ill\· llldl ..-\. er.. ... ..U. '° 1lle ~111 ~ pnctic.-b&e.. ..-are Ille Rl,tai-.f.Wa~· IO Iha ctindilion II was lraa.a..t.ly prior la u:n· -,l. Followilw h ilulaUatiDn J Cnnlae"I a~ fatilirles. Gnntor IDI)' ulldtttan any onlm~ iA'f'..4 ewwcll lo the lancbcaplna d Iha Jtiflhl,4-W1y. prowled hi N ll"eel at Dlhff plu,t1 shan M plact'd lMreDtl whk:11 woUJd be ~ ll!Xpelllrltl • tmpnctkal 1w C1n1M • rnwt Uld -- ._ Ghnw'I u. of a~w.,_ Granaor N11rYa IN rlpt ta..,. IM-kip~-Way far an, fl'M1MIIN N1 lnmm6aten1 wtth 1hr riszhb htrein ,n:alfli. pnn1ded: thar Gnmtor shliD nm mtslnM:I (If' inalnllln any buikh.a Cit ollw-~ s di.-~ ol-\\'a~· wllidt weuld lnlerfett wilh the um::lse oC die tilbls betdc ..-mted; that DD dWna. fllJlnellna • Llttel' Jami of an. stnacuon adivi~ shall be done Oft die-Propen:y·wtddi, woald di*1'b lhe-~ ur ·unta1b GIUIN'a ldilhls OIi lbt Riftht~-Wa)". or endlnftt the blenl lllppor1 hi •Id fadlides; n lnaf a. bllltintstieltbedone wilhllt llflldfA .. fUal;iMi· W11y. !. ~-By•~ ad NCIDnWII ID.-. Gnn1ee ...-toindtimnif)· arid hokl banmlaer.tor fro1111aa:r tlad .U daima llffiftillri• Mdlwd:lmls-lllffand b, ar.ypeno111whicb .. y beCNNd bf lltt Crantn"s~lllflha rilhlt h-in gnntad; provided, lhal Ct--. ...U l'IGI bt ~ .. IO Crallftll' fot ~· in,wieS Hid/or....,_ to WI'/,_.. a\lled hr act1 01 Dffl!Sliolu or Gra.u. · L Abarldu:w.1a1t. The rl,t,ls heN\n pnnitd _ffl.111 conllm.-.. .:111il saith tirat • Cran~ ~ues to ue b RWi.1-ol-.WI)' fGr • fl('norl of ftyt, (51 SUCCM»VI: yon. in wbich eftltl ltdl tow.'l'l.fll1 shall larmiaale Md •II ,.hll 11.aaul'Wler ...... n¥Mt i. en... im. J1rm~ •.h•t no abandonment sl'u,n 1w deetned-.. ha\~ ca:urred b)· 1'"'°11 of Cm.i..t·, r.ilua lo~ inst.air its rlll'.llitii~ nn 1h1!' Ritli~r·W.iy wtlhtn •n..\" p,l'iM of rime fmr., lhf' d11f' lwHol" 7. ~ •nd Asslpi.. Tiw, rlJ!h~ and nhff'1'ijoas of 1hr p,,,rh!'S shnll inan· kl lhl" ti.flf'ril of aPd·blo binctint,1 upon ltl.iT ~,..;,h .. -1;,.-,. mc11:1>.MOn anrl .aMipns F'. ! '"[l FOR RECORD AT REQUEST OF· P.-1994 Jtj-48 ·--~ • B-216346 23S-126 PuGH POWER REAL tStAl£ DMl;ION ATIN; DICK DOWNS PUGET POWEii BUlG. llfLLF<\'E. w--.,..1,, .. -- ' ilAttn !hi~ ZBth . rta\· nf August GRAJ..70R ss. W:.:'l!;ESS 111Y hana and officiAl seal henu, affixed the clay c:erti:!:icate abova written. .. -Housini; Author.1t.y of King County R-1994 ; B2l6l 46 PARCEL l: -ORIGINAL 1;:XHI~IT "A" The North half of the Southeast quarter of the Northwest quarter of Section 32, Township 23 North, Range 5 ·East, W.M.; EXCEPT the Easterly 50 feet in width, and EXCEPT the South 1S feet of the Ea~t ~30 feet, ALSO, the South 400 feet of the We:st 495 feet of the Northeast quarter of the Northwest quarter of seccion 32, Township 23 North, Range 5 East. W.M., in ting County, Washington; EXCEPT the North 37 feet of the East 395 feet thereof. PARCEL 2: The South half of the Southeast quarter of· -the Northwest. quarter of Section 32, Township 2~ North, .Range S East, W.M., in King County, Washington; EXCEPT that portion of the East 430 feet thereof lyinq North of the South 210 feet of said South half. L~d EXCEPT the South 110 feet of the East 240 f~et thereof, and EXCEPT the East 30 feet thereof conveyed to King County for road purposes .by deed recotded under Allditor's File No. 791761, aind EXCEPT the West 10 feet of the East 40 feet ther_eof conveyed to the State Of Washington for highway purposes by deed recorded under Auditor's File No. 730SlS040S. . PARCEL 3: The North half of the North half of the Northeast quarter of the Southwest quarter of Section 32, TOwnship 23 North, Range 5 East, W.M., in Xinq County, Washington, EXCEPT the West 1 foot thereo·f: and _EXCl:PT thl! following described portion thereof; aeginning at the Northeast corner of said subdivision; thence South 1°26'23" West along the East line of said subdivision 329 feet to the point of .beginning; thence North ·s1"'.C0 1 12• West 912.26 feet to the F.ast line of the·west tOl feet o~ said su~division; thence South 1°20'56· west along said East line S4.56 feet to the South line of said subdivision; th~ce North 89 °38 'S4 • Eas.t along said South line 912. 51 feet to the East line of said subdivision; thence North l 1 26 1 23 • Ee.$t alo:.1 said East line 11.86 feet to the point of beginning: and E:;<CEl·:-t the East 40 feet thereof. PAl<CEL 4: The Bast 85 f~et of the following tract: That portion of the Northwest· quarter of the Northwest quarter of section 32,. TOwnship 23 North. lfange S Ea.st, w.tt... in iting County, Nashington, described as follows: Beginning at the Northeast corner of said subdivision: thence south 0'26'58_" West along the Easterly line of said subdivision 331.0? feet to the true point of beginning; thence South 86°19'2t• West 158.32 feet: thence South 2•24•54• west 336.S2 feat: thence South B6°39'2_0" Nest 165.00 feet to the Easterly line of the J. G. carr Read: thence South 2•2,1 '54 • west along said: Easterly line 70.40 feet to a point of curve; thenpe Southerly along said F.a:sterly line following .a curve to the right. .having a· radius of 244.18 feet, an arc distance.of 1B7.S3 feet to the Easterly line of a private road; thence southeast:erly in a· st:raig!J:t line along the Easterly line of ·said p:Civate r_oad 120' feet, more o~ less, ·to a .point in the ·Sout:heily line of the North half of the SoutheaSt quarter of the Nor.thwest quarter· of the Northliest · quarter of said section distant South_ 86."'59 1 Hi • West-3,12 _ 07 feet from the EaSterl)' line of a.!iid .. sub_div_isioni thence Nor_th &6•S9'i6" East 342.07 feet; thence Noxt,b 0'26'58" Ba"st,a1ollg the Easterly line of said subdivision 674. Oil feet. tO the true point of beginning; EXCEPT po_rt_icin thereClf cq,nveyed _to King .county for road ~rposes by deed recor~ed under Auditot'1 S File NO. 587_6158:. RLEI) FOR RECORD AT REQUEST Of: ---. .. . .. REAi.. ESt.i.rt .DMSIQN ~~N.9800!( ... ,;_._ .... ·_.-..... ·· ·.· Amt. ~ DQWNS --0 • IIEC£1V!1.i rHIS DAT Ft led for Record at the request of N .. ,_ Easenent No.: l2-2l-5-S1009RR SOOS CR(£1( VATER A1!0 SEllER OTS1RltT II O .• )!j,,IB.lect: 14616 S.E. 192nd Street Renton, Ua~hfrtgton 98058 AliJIEEME!IT FOR EASEMENT West\lfew Yillaqe-Offsfte Kl ng County Houstng Authority 15455 -65th Avenue South Seattle, WA 98165 rms AGIIEEl1E!IT, made thts _/,J_~y or ,Qr."'b , 19'?o, by and between Soos Creek Mater and Sewe.-D1stt'1c:t, a 111U,i dpal corporation of King County, Mashtngton, herefnafter tenred the •otstrfct. and UNG CCHttJIY fH)IISIUG 4UWORIIY , here1nafter tenned the •Grantors•. kHERE"AS, Gra,,tors •re the mmer"S of' a parcel of l1nd at approx 11111 te ly s 1 180th ~treet arnt 105th PJoce S f, lega 1 y descrfbed as fol 1 ows: Said parcel being the South 400.00 feet of the West 495.00 feet of the Northeast quarter of th! Northwest quarter of' Section 32, Township 23 North, Range 5 Eas!, W.H., in kfogo County1 Washington; EXCEPT the /forth 37.00 feet of the East 395.00 feet tliereof. lafEREAS, the D1str1ct requires an e-asement for a '1 san1tary sewer D water 11nes across Granters' property at • locat1on IDOre spectfJcally described here1nbelow: HOU', THEREFME, 1rt cons1dention of----~"~------..,,,.,,...,=,_.,= and other good :.c.,a;r:,:a,r.1.:a,61:T.ie"c"on=,1r.aa.;;:r:::,"tT.1on=1r.n:-he,,::na::r::ps-ar.1ar,-;r"•"ce"'l"'p•t•o7f"w"'hT.1('1:"fiT.ls..,,he::r=-t&y acknowledged, and 1n constderatfon of the performnce by the 01str1ct of the covenants, te1'11tS arid cond1t1ons hereinafter set ftlr-th, Grantors hereby grant, convey and qu1t-cl1t1 to the Otstr1ct the following easenent: SEE ATTACHED EXfllB!T 'A'. Safd easeinent 1s for the purpose of 1nstal11ng, construct1ngt operating, mafn- ta1n1ng, rmaov1ng, repa1rtng, replacing and us1~ !5<"1n1t~r.Y sa--r ~r~!= •atcr Hrtti':i anu ippurte,,ances thereto, as designated above, together wtth the nor1- exclustve r1ght to ingress to and egress from sa1d portion of Grantors• property for the forego Ing purposes. Th1s easement 1s granted subject to and cond1t1oned upcm the following ter111:5, cond1t1ons and covenants which the parties hereby promise to fa1thfull1 and full1 observe and perform: 0 91/()31'08 RECD F RECFEE CASHSl. II06S7 E 9.00 2.00 ~u .. cn ._. ··\ •. -~, --~-.,.,,, . ·' ~~!~44~ --~------, .. -0 • Eos=t flo.; 32-23-5-S1009RR 1. USE Of PROPERTT' BY GRAHTOR:S. The Grantors shall retain the rtgnt to use the surface of the easement 1f sucll use does not tnterftre •1th 1nstallat1on of the sanitary sewer and/or water ltnes. The Grantors shill not ereet butld1ngs or stnactures of I penunent nature on tile easment durtn, the edstence of satd easement. 2. THE DISTRICT'S USE MD ACTIVITIES. The D1str1ct shall exercise tts rights und1r th1s Agretllfflt so n to mtn1at.ie and avoid. insofar as possible, damage to any prfute fll!pnwellll!nts on the easetDent herein. If an)' such damage occurs. the District shall repair and/or reph1ce satd tmproveaents. l. REST(ll:ATlOH. The D1str1ct N111 requtre the Developer to restore Grantor's property to a conl11t1on as good as or better than the premises were prfor to entry. In add1tton. cff~stte easements w11l require photographs to be taien prtor to constructton on said property to assure the c01q>leteness of restoration. 4. CONSIDERATION. Thi Granton acl:nowledge that part of the tbov~ 11entfoned conshleratfon 1s caa,,enut1on for any and alt damage resulting to, or resulting h1reafter frDII the possible tnterference or the natural flow or surface waters, subsurface waters and/or groundwaters by the d1 ggtng on the easeaent. Safd dfggfng 11!11)' disturb the soil C0llpOS1t1on w1thtn said ea$eeent. 5. ATTORMEY'S FtES. In case suit or actfon 1s con,nenced against the Grantors or tbe successors, llefrs or assigns of safd Gri!Jlton.. for removal of an encroachmnt from thts easeraent. the Grantors hereby pr0111fse to pay. in addition to co1ts pravfdecl· by statute. such suni as the court. maJ adjudge reo1son- able as attOf11e.Y 1S fees therefn. 6. EASDIENT TO BIND SUCCESSORS. This easement, during fts eJtfStence. shall be i cov1nant runnfng •tth ttle 1111d and sMll be btndtng on Ult successors, heirs and assigns of both of' the parties hereto. IN WITNESS WHEREOF, we have set and seals thfs 23RD day of APRIL • I9!L• 7 ,_ '· -~-, 1-.:. .. ' . .\l' ~=.-· ,--- 0 • Eas•nent No.: J2-23-5-SJ0051llt STATE OF w.lSKIHGTOH) County of Ktng J ss. On tMs 23RD day cf-~=------• 19-m_, berore Ill!' f)er1ena1Jy appeared ..nii1iitEr" ~ hll! known to be t e na v .. ••scr ea n an o executaa the t n ••• for,. gofng lnstnno.nt, and •cJm..,fedgad said lnstrull!Mt to be the free ancr ,ol111tal')' act and deed of said grantors, for the uses and purposes therein ll!ntfoned, wrftten. WITNESS 'I' hand and offlc!aJ seal hereto affixed the day and year ,bove STAT£ OF NASIIINGTOfl) County or King I "· On this _ day of , 19_, before .. personally appeared ---------~ ,h_ know=n,-.,to;:-;;b:e't~n:,,p~..,::;; .. ,d~en:::.t'a"n~a-sr.ec:::::r=,t~,~ry=-,-:r~,~,Pec::::;-t~t,~e~l~y-,-:o~I------· --,.;th"-e.::co;;r;;p;.;o;:r;;,t;:;1roo;;n 1 t'<aa"t ""'•"•"•"cu,;t"'er.a;:,-.,o;;ro:,;;go-'1"n"'g""1'n:a,;;,a:.....,::::c,n;-t-, -:,;,..,-,a~c""n"ow""e"o g;;:eo:;;--;,-,,,,.1 f nn ruaen t to be the free oner voluntary act •nd detd of safd corporation, for the uses end pun,ose.s theret n merat fone¢. N!TN!:ss my hand •lld omc1a1 seal hereto •fffxed the day ana ,ear abore wrftten. lmlAAi POUtlt in and for tne State if Vashfngton, restdfng at----- .•:; r ,, "'· < . ' . . '{? .. - SOOS CREEIC \/ATER & S&R DISTRICT - 0 • EIIH!BIT 'A" EASE>f:KT NO., 32-23•5-SlOO!lRR PROJECT: 1/esMew Village Off site King County Housing Authority 15455 -65th Avenue South Seattle, \IA 98166 Satd permanent easE!IIN!(lt be1ng those portions of the abovl!-descr1bed parcel tncludP.d 1n the fol lowing descrtpt1on; A etermanent easement over a 10.0[)..foot w1de strtp of land lyfag 5.00 feet on each s1de of the fo11owtng described Hne cOfllllenctng at Potnt 11F• ,s descrtbed 1n easement as recorded under Ktng County Al:'ditor's Ftlc Ho. 8503220661; Thence South 2s•t6 1 4S· Ease along the centerltne of extsttng road, a distance of 12.00 feeti Thence l'torth 54•4]1 15 11 East, a distance of 6,00 feet to a potnt at the center of Saos Creek Water and Sewer D1str1ct's e,·dst1ng M.1nhole No. ZOB-3, said point befog further descrfl>ed as the True F'otnt of Begtmtng of this str1p easement. descrtpt1on; Thence North 42·S4'17" East, a distance of 41.09 feet to Point •x• lying an a Hne parallel wtth and 368.QO feet Nor"tltetly of the South 11ne of the above descrtbed parcel; Thence Korth 59•44•22 11 East along said parallel l1ne 1 a distance of 20.44 feet to the East boundary of tlle above described parcel a.nd a. tem1nus of this centerline descr1pt1on. ANO ALSO a penaanent easement over a 10.00-foot w1de stl"'ip of land lying S.00 feet on each s1de of the following described centerline begtrmtng at sa1d Point •x•: Thence Norttt 27-27'43· west, a distance of 35.49 feet to the North ltne of the above described parcel and a teno1nus of this centerllne descr1~- tion. satd tenninus being further described a.s being 64.00 feet. as measured along sa1d North 11ne, froa the Northwest corner of said parcel. ' . I I I I I m - ' . . . . - 0 • WESTVIEW VILLAGE -OFFSITE EASEMENT N0.32-23-5-S1009AR .. -- -· .;'',,'\~ ---...... "'": ~ ·:··/ I -· --;,~·· ..... Dn4Jlff R..ol 1.11,1, . .:····/ DW !°" 9.0, pa a. °"' ,,}.; -.To!Ln 'f'ln•ton • koh .. _ • ,: to -.. ..... 1.:.-a o. Ctrr iir:'l tJa1:1 C•rr ':1111 -.. -~-.-. . . -~ ~ &beoo t.o -,. ~•fdlllln taw1 -( -.. .... : :~ r"ar:ta 9•10-11 er the un.rc.,~ct~pl•t otth• 8pr1oe •• ,. .. 1/ Olfln .I Oard en ~oh M:b::I: •••04 •• lh• I 'If ot ,t or , or wt or He ,a ! I 2• ir;, , 11 ·llll -.. trip so n rlh otarUns ~ / abcat l:k> tt B or 1ll' ,or etitd.11UoYe 4•ao4 Ua m4 exten".11ng <li•PNl tOll'ard.• t.1, •• _ ..... nortll.en. c· pa:rtian 'llkd fo'!" ro•dpurpa .r.1•i:I atao ldl &ll ~P" -_: ainctnl rt•1nabaye «~•edit. /.• Cffr OI' 8U( I 2 •it• al: -1 ' Aaht ftlfoD KO't' f-O' ~T JY a bU1l". Hr P-nlolr I I VOii hlkffl•t•l!! np ror ... r•ut• (Ill!) ( :,:r .. I"ea4d. or ,2011,; eoa D illle to -001! . ! Eb7 OND-llo hrk) .. ::.~- C\J 0 g N s co QUITCLAIM OEED The Gr,rntor, GLACIER PARK COMPANY, a Minnesota corporation, for and In con,1,erotlon of TEN DOLLARS ($10.00) and other valuable consideration, receipt of wh1ch Is hereby ,cknowledged, conveys o,id qu1tclaims to th• HOLS1No AUTliORI TY UF THE COUNTY OF KlttG, a munic!pa 1 corporal lcn of the State of Washington, oil of Its right, title and Interest In ond to the following described real estate situated In the County of King, State of Washington, Including any •fter acquired tltl•; Poree I 1. r>arce 1 2, The nortn nalf of the southeast quarter of the norlhwes~ quarter of Section J2, Township 23 No.-th, R,rnge 5 fast, W.M,; EXCEPT the easterly 50 feet In width, and EXCEPT the soutli""T5 feet of the east 430 feet, also ~~- The south 400 feet of the west 495 feet of the northeast quorter of the northwest quarter of Sectl~n 31, Township 23 North, Range S Eint1 W.M., 1n King County, WAshln9ton; EXCEPT the nor th 37 foet of the cast 395 feet thereof. The south lh, If of the souU1ent quart~r of the northwest quAf"1.('r of Section 32, Township 2l North, Range b EaH1 W,M,, 1n King Cour1t.y 1 Washington,. EXCEPT that portion of tho e.,, 430 root thcrcd lying Mi'!li"ul' the south 210 foot of "Id south h•lf, <nd (XCEPT the south 110 foot of the o4St Z40 feot thereof, ancrntl:PT tho out 30 foot thereof conveyed to K fng County ror~ "purposes by d'-!t.!d r!.!CQrdid under Auditor's fl lo Nu, 791761, and EXCEPT tho welt 10 ut of tho cost 40 feet thereof convoye1 io"i:iie State or Washington ror highway purposes by doed rocordod under Auditor's FIie No, 7305150405. 61/0~l/~3 Parcel J, RECt• r, Cl1SIISL The north l1•if or the north h•lf of the northeost quarter of the southwest quarter of Section 32, Township 23 North, K•ngc 5 Cost, W,M,, In Ktng County, Washington, EXCEPT the wost 1 foot thereof; and EXCEPT the follow1ng desci'Tlicd portion thereof: -- Beginning at the northeast corner of sa1d subdivision; thtmce south 1·26 1 23 11 west along the eas.t line of sa1d sUbdlvlslon 329 feet to the point of beylonlng; thence north 07'40'12' west 912.26 feet to the ••st line of the west 401 feet of uid suttdfvfs1on; tht!OCI.! south 1•20 1 56 11 w~\t along '41d OdSl lino 54.56 feet to the south line uf ,aid subdhb1on; thence north 89.38 1 54 11 east alang uid south line 912.51 feet to the east line of said subd1v1slon; thence north 1·26'2311 east along said east line 11.86 feet to the point of beginning; ,nd [XCEPT the e,st 40 feet thereof, -- FILED 1or 1/ecord at llequost or 'lan1n .. J..: .... /), .... [J,/rJ .. 11J!,,'.i,.Jfu.jL \d1hnss../. .. S.:1...s:. ........ A/,~c.l:r.i1 I J W, ... s~,.,, 1-1::1., . .,_.~<J. .. d .. .zl..i.Mf sarjprmnk02 1 WM4W4S <z.t ;m w ._., .... _,,,,..,w,-•, \'l,, !.XCISt T~X NOT l'IEQU!ntO Kin I Ci. Rocord1 01111~• '7) ''i) At 111fc · · , , Pmti 'I . ···:,··-~-':-.'"'~----,., • .,1>..,.,.,,..,..,.,,...,o...,;,••...tl ., -,)' I. l. i' I I I I ' .· I i j l Pnrccl 11, •• 1110 cnst 85 feet nf tho fol iowin~ tT;ict: n1nt purtinn of' thr rm1·th1..-cH ri.unrtcr nf th~ n<)rthwo:H 1pH1rte:r of Secti.-.n ~2. loh'Tll\hlr 23 North, ft:ms::c ~ F.n!lt, 11·,;1,, in iang County, \~nshington, rlnl\crihc,d :,!\. follow:-: l\o.dnnlnf', nt the nnrthcMt comer of :-ni<l r.uhdivhlnn; thcnco south cr"26 1 5A11 \(est nlonr, tho 0:1.:oitcrl)' )\110 r,f !lnlr. !1\Jbd~v~!l{on :U7,0?. foot to tho n,10 Pf,lnt nf hoginnln~; thcnco :muth f,(1"H>'2<1 11 woi::t l!i",J2 ff'otJ therico snuth '.2'2'1'511" woi1t 3~(l,!i2 foot; thcneo south Rr,'J9 1 ::!(1 11 WC!t 16S.OO fo~t to the ~nstorly HM nf tho ,J, G, r.11rr 11'nndj thoil,:ct :oiouth 2•2~1 S<1 11 wa~t nlnng snid tin!!ltc-rly llno 70,<10 fo(!t tt'I n ~int 'If eurvo; thcnco :iouti1orly nlrinr. MS<l cn!otllrl\' lino t'ollmdnr:: A i.111'\'C to tho rir,ht hnvinr. n rndiu, nf 2<1<1,18 foot, nn nrc 11htanco nf 1~7.5~ fcH tn tho outorly 1 lno of II privrtto l'Ond: thcnc:.o :11nutheutc.-rly in n :,.t'rfll1:ht lino nlong ':ho cn!\torly lino nf ~:tid prtvntf' rnnd 120 foot, moro or 10111 1 ton point in tho Muthnrly lino or the north h,iJ( of thi:! ~outhcHt fJUnrtor C1f tho northwol'lt (pu1rtGT of the nnrthwol'lt qunrt~T of 11nid :,cctlnn c:Hl'ltn.nt :inuth 86'~!)'1(/I wcl'lt 3-12,07 foot from tho CA11torly lino nf l'ltlid 11:uMtvhinn; thence north 81i.~91l611 OJll'lt M2.07 foct; thonco north 0 1 2(1 1 511" on!t 11lnng tho 01H1torly line nf ,riid 1rnhdivi1llon G7"1.0I\ feet to the tmo mint of boiinnln~; u:copt rnrtlon thcroor; cnnvoyod to King C<>lmty for 'T'Ond purpnJ'lo!\ hy doeU rocorUccl under At1dltnr 1 , Jltln No, !in?r,l!iR, 11dtt eorwoynnco h :mhJoct to nll on11c1110-nt:is, <'nc11mllrnncc11 1 ro,orvnt1on!it, re,trtctlon11 nf t'ocr,rd, r.:n:r.PTJN<i MHI Rl:!il!RVT'IG, hC'tWn-Vttr, unto ~·drl fiT"tintnr11, ltll :1UCC0:'1110Tl'I, nnd n11,lgn11, nll of tho cMI, oil, r.n11, cMlnr,honrl r.n!I nntl nll "'""" nnt.1 r.ilnonh nr ovo,r Hnd nncl nntul'o undorlyinr, th,r, 1u1rfncn nr thf'I rnrcoh !it'roin c4'1nvoyC',I, tnJ;:othcr 1dth th£' (ull rir.ht, Jlr\vller.o r.nll llconi10 nt nny nm1 n]J tlf"<'!II tn !'IX!)lnro, or ctr111 fnr nn1I fn l)'l"otoct, eon11f!rvo 1 llllnt'1 1 tnkf!1 rr111ovei nnd mnrkot. nny lllHI ,,11 l'l11ch ptm!uct11 In .1n)' 1t1nnMT' 1,ldch will not 11nl"Rflil" l'ltn1i::t11rl"!I on the, l'lurtnc., of thci prirci;,h her(lin ('.nnvaycr1; ltXr.l!rr, mlnor111 rl~hu l'01ctrVoU in Dood rcn:ordoJ In KlllR Count)', /\uJltor•a .~\.. S21710, rn \flTHl 1Sfi Mll:rmn11, 11nli! COrjlnrntlon hn!\ Cnll!ltHl thh tnlltl'UN'nt tn IHI o;ii:ocuto1J hy It, proprtr office• nncl iu corpnrnt<" ~Cini tri htt hr-ro,mtn nffher.l thh 10th dny of September , l~~l. GI.AC!nR PMI: COMPANY A'ITESTotJJf! . nr ~~x/e: ...... «±d1, A-· I Asffitnnt Sc,rotnry 2 .''] _·: ;~'.: :'· ,, ,. '-!i. w .• ~ il i ' ' (\J a Ln ~ 8 .. STA11i OF ~m::rn:mTA )!I~. COliNlY OF ~N!Sr.Y ) On thh 18th ~If\)' nf Seplember , lf!Rl, hdoro r.,o pr.l'i>nnally Rl)ponrod J. C. Keilo..4Y. --nntl G. F, Stefriilffiel , to ho known tn hu Prcsideritlirid-Asshtant Soc.roury nf tho c:1"J7Porndon thn.t tixr.cutotl tho \dthin and fo,:-o~olnr. instniiicntcm,d 11.ci:no11•lcd~uJ !rnid iMt.ntmt'lnt to he thf' frc,, ,md volunta.f)' act and r.lood of :.nld corporntion for tho u:ie!'I nnrl purpose! therein mentiono1l nnd on o:ath stntcd thnt they Hore authorhod to execute t'ho sr,id instn1- 11cmt o.nd thnt tho seal ~lfiitc<l is tint c:01"j}or11to !ltenl of !'lnid to111nro.tlon. m lflTNf:SS Wll!:Rrnr:1 J hnvo ~.·.rcunto s.ot my hm,d nnd nffh:,:d Ill)' nfflcio.1 sr.;i1 tl1c dny mitt year first above written. 3 o ~tntc n Pnul, .......... .., ...... ~ .......... ~·----------' i !, t· t' :~g\l. . . . . ' ~-~r(;,./~~~-~\.\'.~(~ --····· """'·-•·,'.,'',, • I .. - CASCAiJE SEWER DISTRICT KING COUNTY, WASHINGTON RESOLUTION NO, 461 - A RF.SOLUTION acoeptinJ certain ,ewer facilities and lines by the District for service and mainten· ance and imposini a hook-up charge in lieu of assessaent to be col- lected from the owners of lands subsequently connecting to said li~es for sewer service. and cor• recting a typographical rrror in Resolution No. 264. WHEREAS, by Resolution No. 76, the Board of Commis~ sioners has declared its policy of imposing and collecting hook- up charges in lieu of assessments to property o~'Jltrs whose prop- erties have been specially benefitted b·y and who may subsequently connect to facilities constructed at private expense and of reim· bursing a portion of such hook-up charge to the person, firm or corporation paying the cost of such sewer facility, all in accord- ance with and pursuant to RCW 35.91.0ZO, and WHERE.AS, it has been discovered that there is a typo- graphical error in the legal description contained ir. Resolution No. 264 which should be corrected, NOW, TJ-!EREFORE, BE IT RESOLVED by the BoaTd of CollUlliS>ioners of Cas- cade Sewer District, King county, Washington, as follows: SECTION L That the severa!'j.e service lines and and facilities within the following described property situated jn King county, Washington, be accepted for service and maintenance! Commencing at the northwest corner of Section 32, Township Z3 North, Range 5 East, W.M.; thence Southerly alona the section line 905 feet more or less to the South margin of the I .-G. Carr Road as esta~lished in 1972; thence EasteTly alo~g said South m•rgin of the I, G. CaTr Road 9S feet to the tru~ point of beginning; thence Southerly at Tiliht anal•• to s,i<i South margin of the I .G. Carr Road 1SO feet; thence Easterly and parallel to said South margin of the I.G. C1rr RDad to an inter1ection with the West line of the East Quor· ter of the West half of the Northeast Q11arter of the Northwest Quarter of said Section 32; thence Northerly alona said West line to the South RESOLUTION NO. 461 -I - SUBJECT: Correcting Re!oluti~n No. 264. • --mar1in of the I.G. Carr Road; thence Westerly along said south urcin of the I.G. Carr Road to the true point of besinning. SEClION Z, Prior to the connection for sewer service b:i-any person, fin1, or corporati~n of p•~perty withir. the above described aiea in King County, Wqshington, there shall be collected from such party seeking connection a late-comers charge as specified in Section 3 below, D3 the proportionate cost of district facilities for which the party applying for service o~ his predecessors have not contributed. ShCTION 3. Eac~ person, firm or corporation subject to the payment required to be paid under Section 2 hereof shall pay to the Dis- tTict, prior to connection to sewer facilities 0£ the District, the total of $17.13 for each lineal front foot of dll property owned, leased or otherwise occupied as and for proportionate con- tribution to the cost of constructing the following improvements: Size Longth On From To 12" 67S.84' Carr Road Apprcx. 840'+ W of Approx. 164'+ w. 103rd PL S.E. of 103rd Pl.S,E. {ex. Metro M.H.) 10 1• 13:SS.08' Carr Road Approx. 164 1 +W of IOSt11 Pl.S.E. 103rd Pl.S.E. (ex. CSD Se..,.M.H.J SECTION 4. A copy of this resolution shall be recorded in the office of the Auditor of King County, Washington, for the purpose of giving Notice to all present and future owners of the abcve described real proper;~ subject .to "l.ate•coners" connection fee. SEtTION 5. Resolution No. 264 of the Cascade Sewer District, King County, Wa5hington should be and the sam~ hereby is amended to conform herewith. ADOPTED by the Board of Commissioners of the ~ascade Sewer District, Xing County, Washingt~n at a regular open public meeting thereof held on th~~ doy of Janaury, l97S. RBS0t1JTION NO. 461 -:i - oner :d/~,,-- omm s-s1oner Slli!JECT: Cor·rcctir1g R~solution No. 264 w e-n N 0 r-- 0 ca 0 "' ,-., ... 0 0 0 •• -- ~ECORllED . . ••••• OF ••••..... -~-~REOliES"I ·Jf C,,Oj:CTC~ RE.C0n:os la. EL£C'riONS Kilo CC~i'i. w.:..S'i SS096 uoilu~qSBM 'uo1u•~ ·a·s anuaAy ~>Oi! OOZLI 1JiilSJa i3.1!3S ~CIVJSVJ 1,1 piba11 ie p.1ooaH:f." ~:,,., -.. ~:t : .. - - FILED FOR RECORD AT. RBQU6St" OF KING. .CO~TY WAIER DISTRICT NO. 58 l0628 S. E. 176th Ren~on 1 Washington 98055 - ACS NO. 5,:? -J., 83,'06/06 REr.o. CASHSL 6.00 A<ii!E.Et-~"1' ANO COVENANT RELATING TO WAf6::t ClStRICt CONNECttON CHARCi 10671 E Tb• 1mdardgnad. -'THE:::,..!IDUS~~INC~~AUilDll'lY~1~~~0~F~Tlt;~.!,OOlNIX~~.!Of11.L.oJIIl.wC._ __ _ ff""6 OF fROl'BRTY CMN&R Vantage Glen ACDR&.SS. OF' PRCfl' &RTY CWHBR does herel.,y covan•nt and ,1grH •1th WATER DISTRICT HO. S8, of Kine County, Washing~on, a aunicipal corporation,•• follow•: 1. The under1igned property ownttr i1 th• owner ot th• real property herein desc~ib1d under OAJGJNAL, DaSCRIPliON • . 2. S•id property owner doe1 banby requ11t that t.ht connec1lon cha.lg• awde by W&ter District No. 58 pur•uant to RCW S1.08.010 Ind co .. onl1 re• ferred to •s the azea cDlll\action charge, b• aegragated •• to aatd prop,~tYt that property owner be par•itted to pay a&id ar-.a conneetion chargti &• to P&~e~l A, and that ~h• i:onnw,ii~n chlarg• •• to PaTcel 8 'ba de~errtd and be pAYLble •h•n application l• Rade f~r water •erYtce to aald P~rc•l I. J. The lrldersigled ?rcperty owner i.nlerstands and agrees tha~ the m:ea c:ainec:tl<>n charge for Parcel A, """11 ,_ ci>e and payable en • prorated basu as each se<tion of Poroe l A is developed and cmnect<-i for servi<e. 1he area ccmecuoo chorge for Parcel B will be leuied ot the nite applicable at the time applicatim for service is made. This Agreaiett is blndiaK oo the \Rlor- slgoed; his· teirs ard his assigns ard h a oo••••mlt <ndng with the land. ORIGINAL OESCRIP7It>I See Attacboent NEW D6SCRIPTICNS f'ARCEL. A SQUARE FOOTAGE: 960 842 See Attac~ed £XHIB1T "A" • Prorated. payable at. time of comectioo SQUARE ACE: AREA CHAR(£ TO BE L.EVU/ / AT ,\f'l,L1CADL£ RATE. Sn At~d ~J~-r /7 - ~(<4&~ S~~ iftRE OF PROP£R~ fACE l (/ - STA.ti! OF Wt\SHINGl'OH} ... CUIINTV o, KJNC } - o., •. _______ _ n~u~,~ £[?, ./ S11Cl1ECI\Tl0N PU•-----------------'DOUAA5 (fc.----' Dal• PA.id,, ______ _ _,_ -- ATTACHNEHT ORIG!NAL DESCRIPTION The Southe,st 1/4 of the Northwest t/4 of Section 32, Township 23 North. Re•go ) East. W.H .• less the East 430.00 feet of the South 1/2 of said South .. st JI' and 1,,, tne South IS.00 fe,t of the fast 430.0il f,et of the Horth 1/2 of said Southeast l/4, Less State Highway; AIW South 400.00 feet of the West 495,00 feet of the Northa&st 1/4 of the Northwlst 1/4 of satd Section 32. less the horth 37.00 fett of tl'le West 380.00 f1tt of tile Cast 395.0v feet ttiertOfi, AND n10 East 85.00 feet of the followl, .. Beginning at the Northeast ,0N1tr Ot the Northwest l/4 of the lfOrthw,st 1/4 of said s~~tfon JZ. thence South 337.02 reet to The Tru. to1nt or Beginning, thence South 86-19-24 Nest 158.JZ feet, thenct South 02-24-54 West ll6.5Z fttt, tnence Sc:Juth B6-39-20 :lest 165.00 feet to the Easterly ltne of Coun~ ROid, thence Southerly •lor,7 said r"Oad 70.40 feet, thence Sow~he~ly on curve to right radius 2•4.18 feet I d1sttnc.e of 187.SJ feet to the [asterJy line or vrfvate road. thence Southeasterly 1lopg Hid line 120.00 ffft f!Vl to p0int en South lfnt of North l/2 of Soutl,eul l/C of Nort,,...,t 1/4 of the Nortn~st 1/4 J4Z.07 feet ~e1t of E15t lfne of subd1vtston, thence ~orth to True Paint of Beglnnfng, Less CouBtt Ro.d. •• .. -- ~ . .if) I . -, ''I I , I ', ' ~:, I i .. :·I I I ..J c( ,; : 'rt w • '' CJ -, I ") I-., I cc ' . ~ -. ' 1 ! < al -a. l: ..J X < w I- 0 I-' _J l ~ " fl a k ! m • it I ..J w ~ 0 It! a: a <( Ill{ a. t-: ~1 ~---,. ; -- ACS NO. 83-4 -=~-~ ;,z.,->2• I0615 I)'" RKD F 6.00 CASHSL *••*6.00 -AND OOVF.NANr RElATOO 'iO Tl£ CASCADE sm.ER DISTRICT <EOA1. FACILl.TIES AR!!A QIAlG! The "1derslgned, · JIM ililln' · , upreaentq the CMner of the pn,pert:7 vsot:.::•.,sro:..:G!:e;en,::...· ------·---- doea hereby COIIOMllt ard -w:l.!h Cucode -l>htric:t:, of ~ Comcy, W"8llingtm, • mJnicipal corporation, aa foll°""' 1. n.. mderaiped 1a the lllltbariud agmt for the XIlll CllllffY lt>t511«l AUlKIII!Y, -of tho rul propul:JI deacrll,ed IZdar tmGllW. DESCRIPrn!I. 2. Said pt<.t>ety owner dou hm:eby ....-c tl:a the gmozal facllitiea area cbqe lllllde by CASCADE SEIEt msnu:cr pmsumt m S- Distrlct 1 ... , Qmpur 56 ex! cmm:ml.7 refl!m!d to aa the ama dmge, be -ted .. to said """""'ty, that the ptoperty -be ~tb!d to p«y w.d area cbarga as tx, PAR!E. A ln accmlaDce with Penog<ap, 3 a:,d that the aru dlarg,, as to PAR!E. B be defeaed and be J)8l'8bla :In """3<d- ance vith Parauap> 4. 3. Pll)081t of the area charge far PAIICEI. A aball be -aa each sectiao of PAR!E. A is deftloped, ml camected to full.7 available -= """"" service, "1th the -die at that. tlme equal to the -of imts (mobile -pads) :In the section IX) be ............... divided by the total -of mi.ta In the develcpn,ru: !164 mobile tune pad&) llllltiplied by $19,616.94. 4. lb! area dmp for PARIE. B aball be deferred ard popble cnl:, -the fo~ oca,n, (a) ~ A I.a deoe1q,ed mid au...xad to ......., aervice .md either PARIZL A or l'mD. B ....... &al pd,lJo to prlwte o-e:ahip, or (b) PIJIC!L A I.a cle\lelqN!d ex! CXJl1DeCtel to ......-...i.c. 1:u:: is m i._. .-or ope,:ab!d ao a bouslq; ~':.i far satl.ar clt:i&ma or persons of la, -u :In IOI 35.82, er (c) ,lppJfcatfm u -i. far sewer _,,...., to all or c, part of PMCl!L B. ux.....um 5~I!r~'T'~~ze:s-~~abl-:"-. the time of ~ In~ ar = g c er awJ1C'lt1mL;<:'" latV1ao is ....ie. 1hls .taU!lffBr is ~ .., the prq,ettJ ooaer, .,.../tMl.r hai.--s ID! asslgaees ..,a 1s a -~ with the. uni. ClllGill\L ltiSQU.Pl ltil ~ RXJDI/%, 980,847 AIONr ll.E: · $19j616c94* See Attached EXIDl!IT 'A" • llue .md payoble per Paragnqb 3 22 --~ .. - IWa1. B arm or 1lllililiiliUI > -aum a, I.Jll > - N:s HJ. 83-'.c..' ---- Nlill DillCIIIPl'JCII See Attached UJIIBIT ••• Ol 111111 20th DU a, 11'.t , Jll!!.._, -•, - , r ,.,, a NaUG -.,, aa 1111 far u. awe ot ln&111\C11 • .w, •• 1111.1 -. pa en, sc: NII J'IMYUR ••-.. • t1111 ,.,,,-,,-ptm;gg ,.. die mo ,er ..,.,,, rem •-u.bac•ac•nets-t,llldeh I '&Ito•"-'·'~--~-----~- 11111 -tbe l&ld 1-• 111'1 tN11 111d ~ IOI: MIi . ,W . . .... -Ulwallt -u-. -(:·. ·.:: ... ·' ._ II' -Md official ..i bono1.o ulll.r tbe-., 111d -111--~ ----~ ... J. -.Mil ax:IIPIID 8f -=a, '11111 tf-a~-..\~.&m.z:.i•1....--· 1Ck:=: / ~ j I I ·l _ .. :'_i _,,. .. -- AHACIKNT ORIGINAL OESCRIPTION The Southust 1/4 of the Northwest 1/4 of Section 32. Township 23 Horth, bn11t'- S East. W.M., loss th• Eut 430.00 fHt Of the South 1/2 Of Slld SOuthUst 1/4-••d ltu toe South 15.00 feet of tht Eut 430.0u fHt of tht North 1/2 of told· Southeast 1/4, Less State Htgi..,; ANO South 400.00 feet of tht Wost 495.00 feet of the Northeut 1/4 of the llort...,.st 1/4 of old Section 12, loss tht W.rth 11.00 fHt of tht Wost 380.00 '"' of tho East 3~5.00 feet Ulertof, ~D Tho Eut 85.00 fat of tht followlng: llglnntng u tht NorthMst comer of tht Northwest 1/4 of tht IIOrthH& V4 of .. td Section 32, thtnc. South 337.02 fHt t.> Tht TNt Point of 991 .. 1,., thence South 8/i-19-24 West 158.32 fHt, thenct Soutll 02-24-54 111st ~.52 fNt, tllenct Soutll 86-39-20 Wost 165,00 feet to tht Easterly lint of C:0.U,t, IIN!I, thence 3outherly 1long stld ,....d 70.40 r ... t. thanc1 ScNltllerly mi•-to right radius 244.18 fHt I distinct of lf7.53 feet lo tht Eastarly_ lldt of private ,....d, thtnct Southaasterly along sold ltne 120.00 .f•t 11/L lo potnt on South lint of North 1/2 of S....thHst 114 of llortlooost 1/4 of tht .. ..-, 114 342.07 fHt 111:st of East llae of sulldlyhlon, -• North ta True Polot of legtmtng, · Less taunt, Road. .. -- I i I I I 111 II m .. ii -I w (.) lj I a: I I < . Q. ~ ~-• I!! ~ < .. 1---m -::r: X w h ! .I ' ' I i I i I ! I ! ' 0 -- AGREEMENT FOR LOCATION OF A FENCE BETWEEN ADJACE!,i PROPERTIES / June 20, !990 I ! This is on agreement between Polygon 2000, t nc. (herein.after Potygon) and 1hc King Cou111y i . . HousingAuthority(hercinar1er KCHA) dared June 20, 1990. \ 'l ,,... . For and in consideration or mutual promises and oblig:lfions set forth tierein, lhc panics ' "f'r. ~r\:e as follmvs: \ Eiwi-£. A ~ ,">J CN 1""' E ~ 3',...'\u Y. c,:. !it..~S TITLE . r11'1L> Cf; Tff,=. ~, • . KCHA is the owner of certai11 real propcny, {hc:reirnaflcr Pa.reel A), described~~~~& ~ fS l\'ttJ\c~tt~U\l!f /lEI>,.._Exhit>it A whielt i5 ~lla;he.1:1 htre10 and by 1his retcrence made a p:in hereof.~ ~ 2. Poiw,on is the owne.r of certain rcul propcny (bcreinuficr Parccl B), descn"bed in .!, Ex'11bil D wflich as at!iiched hereto .int.I by thisre(crcncc rmide a pnn hereof. 3. KCHA and Polygon desire In form.airy ocknO'llllc:dge the loc.t.lion or the fence along lhe rropcrty, line between parcels A and B. A ponion or the fence is located on Polygon's propeny 1hown on Ell:hit,il C,:irractw:I here10 :and by this reference made a pan hereof, 4. 5. KCHA and Polw.on agree 10 .rmJce no claims now or in lbe furure or ildverse possession baset.fOn the location oC the fenci:. KCHA :ml.! Polygon ugrce th.It lhc fence may remain in ils present location and lhat neither pany shan remove or ,docarc lhc fence wi1hoo1 pnor wriucn permission of tkc other party. /#-;:-\ Polygon and KOfA agree to allow this agreement 10 be rcoordcd and ii s:ha)I N become · ·ng on all fulurc owners.. successors, heirs~ -issigns and }cg.it ~1 reprc · vu N. UtrrYi\,iQ>USING AUTHORITY 8 (,J_ POLYGON2000~ z~. J . Wiley (j) STATE OF WASHINGTON COUNTY OF KING WITNESS my hand and oflicfal seal hercao affated 1hc day and year in th» certifi,;ate i:ibove writu::n. STATEOFWASH!NGTON l SS COUNTY OF KING ~,4,tt..d N l'UBLICina~l'heStatcof Washing1on 1 residing al 0.qz,, .... ~;._,<.=----- Mycommissionopires /-:J"-'/P: 91.-1'l:!-"'22 RECFEE RECD F CASHSL ON THJS...;..;,-'lP DAY OF ::fw-';s ~ !990.. bcrOfc me, chc undcrsigru:d, a Nmary fublic in .iiig1or 1he Staie ot.1 1ngt0n, July commissioned and sworn personally appeared ..r. G~fTE&.\n..J 10 me known lo be 1he individu.11 de.sen in and who extcutcd 1he WJlhm and foregoing fastrumenl :u:koowh:dged to me 1®fm1t,~ signed and sealed the s.,id imtrumenl ilS their free .ind voluntilly act 9«dl!C~ fur ~ .ind purposes lherein mentioned. ,, t-~H lt'°Jft' ·~ IVJTNf,SS~Ji~WB·~"i.(~fil!_,.,aJ hereto •ff~cd 1hc duy and year in lhi> c:enifkole ilhovt: ,vnucn: :t>. ....>;',··. ,;, , r NOTARY "'i ~ >Jt.i:m ffi",&'w ~ lJ'I \ F'tJ.!lr 1c } :::i. ~ N':5T~Y P~~T1ld1,o he State or :. :.,,. •• riOL' 1s 1~,ri •• 6... .... W.islnnglon, rcs1clJrtgilt filflbrtti4c ··~._.,,r.;.·· .. : .. .' ..... ··u"' ,.,;:-... "• ••• Op WAS'f'\\~ ,,,,• My commission e:rcpires (I• /:p ?'O .,,,, .. ,,, .. 1,, ... ,.,, -====;a,.=------:-"I", .~--;::· ·~ ,;_.,,' .. •.· .. ~1.":}----."':-~· C)L,iii (> i ' i l ·1 • • i I ~ '-V r: PARCEL A: •• 0 -- e • e~ .:i:1-"A" CHICAGO TITLE tNSlJAANCE COf'IPANV ElTENOEO HOATCACE£ POLlCY SCHEDll..E A tCont~n~•dl Pohc.11 No. t.2'1644 THE WEST 31b FEET OF THE EAST :166 FE£T OF ™E NORTH >iAl...f' OF THE NORTl-1 HALF OF TI£ SOUTIID\ST OUARTEA OF THE NOATI-l"'EST OUMTER OF SECTION 3~. TOWNSHIP ~3 Nr.RTH, RANGE~ EAST, WILLAMETTE MERIDIAN, JN KlNQ COUNTY, WASHINGTONj EkCEPT THE NORTH 30 FEET THEREOF, CONVE~ED TO Kit«: COUNTY FOR SOUT~EA5~ 180TH STREET av DEEDS RECORDED IJNDER RECORDIN~ NUHHERS B40t04U749 AAIIIO 0705050925. PARCEL 8: THE WEST 330 FEET OF THE EAST 380 i='EET OF THE SOUTH H.-"LF OF" Tl£ NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32, EXCEPT THE SOUTH 15 FEET THEREOF, PARCEL C · THE WEST 284 FEET OF THE EAST 66,4 FEET OF' THE SCUTH HALF Of" TME NORTH HALF OF THE SCIJTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3:2; ElCEPT ~ SOUTH t5 FEET OF THE EAST SO FEET TH£AEOF. PARCEL D: THE SOUTH HAU" OF TME NORTH HALF' OF THE SOUTHEAST QUARTER OF TME NORTHWEST OVARTER OF SAID SECTION 32; EXCEPT THE WEST 360 F"EET THEREOF, AND EXCEPT THE EAST 66'4 F"ES:T THEII.E:OF. PARCEL E: THE EAST 8$ FEET CF" TMAT PORTION OF THE NORTHI.IEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANCE 5 EAST. ~ILLAHETTE MERIDIAN, IN KING: ,cUNTV, WASHINCTON, DESCRIBED AS FOLLOWS: COttttENCtNC AT THE NORTHEAST CORNER OF SAID SVDDIVISION; THENCE SOUTH O DEGREES 26'58"' WEST ALONC THE EAS1'£RLY LINE OF SAID SUBDIYISION 337.02 FEET TO TME TRUE POINT er BECfNNIN~, THENCE SOUTH S6 PEOREES 1'9'24'' WE:ST 1S8. 32 FEET; THENCE SOUTH 2 DECREES 24 '54" loilEST J:36. 52 FEETi THENCE SOUTH 86 DECREES :J'i'·20" lolEST 145. 00 FEET TO THE EASTERLY MAAC[N OF CARR ROAD; Thi.s Polic!J v,alid onl11 if Scti•dul• 9 i'I .att•ch•lf. P•9• A f.D_ {)) ,. :i" .. ; 1-•• !'IJ!J-;4d... .. ·. ,. ·,?':~ :~ ..1J; ... /!·~~:~~~?dm:r1~~Z1c.h:,~:~1' .... ;~:: :~ ~ ·.1· n ~ .. '--- 0 - 0 • CHICAGO T[TLE INSURANCE COHPANY EiTENDED 1'10ATCACEE POLICY SCHEDULE A <C~nttn~•dl - Palic.11 No l2'9b44 THENCE SOUTH 2 OECA.EES 24 '54" WEST ALONQ SAID EASTERLY HARl}lN 70 .av r€€i TO A POINT OF CUAIIE, THENCE SOUTH£RLY ALDNC SAID EASTERL'Y LINE FOLLOWINQ A CURVE TO THE Rt;t4T HAYINC A AAOlUS OF 244. 18 FEET, AN ARC 01STANC£ 0~ 187.,l FEET TO THE EASTERt..Y NAAOlN OF A PRIVATE ROAD, THENCE SOUTHEASTERLY IN A STRAICHT LINE ALONQ THE E'-STERLV ~INE OF s~r~ PRIVATE ROAD 1~ FttT, 11QAE OR LESS, TO A POINT IN THE SOUT ... ERLY LINE OF' THE NORTt1 HALF OF THE SOUTHEAST \lUAA TEA OF" THE NORTHWEST QUARTER OF' Tlot€ NORTHWEST QUARTER OF SA.IO SECTION OISTANT SOUTH Sb DEGREES 59'16~ WE5i 342.07 FEET FAO,, n£ EASTERLY LINE OF S~ID 5US0IV1St0Ni THENCE NORTH a& DECREES ,q-u., .. EAST 342.07 FEET• THE:NCE NORTH O DECREES 2b ·ss" EAST ALONG THE EASTERLY LINE OF' SAID SUGDIVISIDN 674.04 FEET TO THE TRUE POINT OF D£'CINN1NQ; EXCEPT THAT PDRTl(W THEREOF CONVEYED TO MINO COUNTY FOR (ARR ROAD BV DEED RECORDED UNDER RECORDING NUMBER 58761S8. PARCEL F: THE WEST 360 FEET OF rHE SOUTH HALF OF THE NORTH HALF" OF' THE SOUTHEAST QUARTER OF THE NORTHWEST OVARTER OF SE~TION 32, TOWNSHIP 23 NORTH, RANGE S E~T. WILLAl£TTE MERIDIAN, lN KINQ COUNTY, W~HINCTONJ ALSO THE SOUTH 400 FEET OF THE WEST 495 FEET OF THE NORTHEAST QUARTER OF TI-iE: NORTHWEST QUARTER Of SECTION 32, TO\.INSHIP 23 r«lRTH, RANGE 5 EAST, ~ILLAHETTE t1ERID1N1, IN KINQ COUNTY, U.4SHINGTON1 EXCEPT THE NORTH 37 FEE1" OF THE WEST 390 Fl:'.ET OF TI-IE EAST.: 395 FEET THEREOF, AND EXCEPT THAT PORTIOM THEREOF CONVEYED TO KlNC: COUNTY FOR 105TH PLACE SOUTHEAST BV DEED RECORDED UNDER RECDR1Htc NUt1BER 870,0509261 ALSO OJ THE NORTH HALF OF TH£ NORTH HALF OF THE SOUTHEAST OUAA:TER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP :il3 NORTH, RANCE !Ii EAST, WILLAMETTE NERIDIAN, IN KIHQ COUNTY, WASHINC"TQH; EXCEPT THE EAST 366 FEET THEREOFi A~m EXCEPT THAT PORTlal THEMEOF CONVEYED TD KING (IJUrilTY Fo,I SOUTHEAST lBCTH STREET SY DEED RECORDED UNDER RECORDINC NUMBER 870S0~0927. PARCEL C: THE SOUTH HAU" OF THE SOUTHEAST QUARTER OF lHE NORTHWEST QUARTER OF SECTION 32, TOl,INSHJP :i!3 NORTH, RANGE 5 EAST, WILLAMErTE HERIOIAN, th l<t.U,b COUNTY, WASHINQTON, = EXCEPT THAT PCIAT[O. OF THE EAST 430 FEET THEREOF LYING NORTH OF THE SO\ITl-·C 210 FEET OF' SAID SOUTH HALF; ANO EXCEPT THE SOUTH 110 FEET OF THE EAST 240 FEET Th"EREDF, AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KINQ COUNTY FOR 108nt AVENVE SOUTHEAST DV DEED RECORDED UNDER RECORDlNO NUNBER. 7¥17611 AND EXCEPT THE. MEST 10 FEET OF THE EAST -40 F'EFT THEREOF CONYE:VED TO THE SH,TE OF I.IASHINCTON FOR SR 51S 1108TI-I AVENUE SOUTHEAST1 8V DEED RECORDED UNC·~ RECORDING NUttSER TJ0Sl5040S. Ttiis •• 0 - 0 Ill Exhibit B Parcel B LCGAL DESCRIPTION, LOT A - TH£ NOHTH 111.5 rrrr OF THC SWTH 9,fO F££T OF THC VEST 49S FCET OF THC 1.1'£ST HALF OF T>n: NORTHEAST DUARTER OF THC NORTHVCS'T QUARTCR OF SCCTION 3e TOVNSHIP 23 NDHT1' RANG£ 5 CAST. V.Jf.. KING ClJllNTY. VASHl/1.'fiT{Ptl CXC£PT THAT PORTIIJN CONVCYCP TD KJJ,/{j CDIJNTY rtJN CARR ROAD BY JJCE/J RCCORJJCD UNDCP R£CORPIN6 M.W/1€R 5199281/ ANQ cxaPT TH£ £AST :JD rcrr FDR J05th Pl.ACC S.C. AS CIJHVC:'1:D TO KING COIINTY Br DECO RCC/Jl?DED UNDCR RCCORDING N/IHBCR 60>3699. TOGCTICR VITH mt: '>IE:ST 23e,70 n:rr or THC N/Jl?TH 355 F£CT OF TH£ SOUTH 9fD rE£T OF THC Ir/CST 495 FEET {T THC VEST HN.F OF THE NORTHCAST (}IJART£R OF TH£ MJRTHllCST QtJA/tTE'R DI' S£CTICW Jc.". TOVNSNIP 23 NO/t11{, RANGE 5 CAST,. V.}'~ !t'ING COIIITY, f,/ASH/NGTal.. D<CE:PT THE MJRTH /77.5 FCCT THCNC(Jlj LOT B THC N!RTH 355 l'CCT or rH£ Sl1llTH !J.ID ru:t OF THC VE'ST 495 FCCT or THE l,ll'ST HALF OF THC NOIUHCAST OUIIRTOI OF TH£ N(JRTHV(ST f}{JARTC'R OF UCT/lJN 3e TlNNSH/P 23 Nael'lt. RAN6l' 5 £AST. V-4 KING COlJNTY, YASH/1,K;TO,,, CXCCPT TH£ NORTH 117.S FCCT THCRC[Jlj AND CXCCPT THC vt:ST n2.7Q FEET THCRC()f"J AND EXCEPT TH£ CASf 30 f'~T FOR 105th PLACE U. AS CIJNVCYF:/J TO K/Nti COI./NTY 8Y .D££D RCCOII/JCO WllC" RCCOIIDING MJHBCR 60936n. LOT C THC NORTH 185 rec, or TH£ SOllTH 585 F££T OF THC VCST ,ns FCCT or THC vt:ST HALF ar THC NORTHEAST Q/JARTCR IY THC NOllTHl.lt:ST /JlJAIITCR c.r SCCT/ON ~ TOVNSHfP 23 NORTH IMN(i£ 5 CAS.r; V.H.. KING COUNTY., VASHINIJTIJNJ £.t'CCPT THE EASTCNLY 30 Fr£1 THCRt:Or AS C0NV£T£D TO KING CWNTY rt1R JIJSth PLACC S.C. BY DEE:P RCC!Jli/1£0 UNKR C£C0RDIN6 MA18CR &093&99. VII/CH IS A M-RC"CtRO or JJCCD RCC0RIJ£ll W/J£R RCCDRDJNG Nl/HBCN 6045539. -TH£ MJIITH 31 rrrr OF THC SOUTH 400 FCCT OF TIC EAST 395 FEIT or l1f£ VEST -195 FEET OF' TIC NORTHEAST Ot/ARTCR llf" THC NONTHVCST OUARTER OF SCCTION 3e TOVNSHJP 23 NOR ffl IMN6£ 5 EIIS f, J.1.N. K/Nfi COlWTY. VASH/N(jf~ CXCCPT THC £A:rT 30 FCFT THERCOF R£SCRVED FOR ~DAD BY DCCD KCcaRQCJJ lNJJER RCCOR!J/Mi NUH/J£N ,i/6J,e l AND 87D&U/48& AS CDNvt:rcJJ TO KING cptJNrr. Al.l SITUATE IN THC C/lY !T RCNTON COUNTY or Kl/llli. STATE or VASHJNuTON. ,·:.~ :.~ .. ,it :'[ ··.'4 .... ;-,:c ; ,. I' . ' .. , • ij - SEE DP.IIIEW,lff' O~All, .. , l(IGJtT 0 b £xhibit C "'· •• 0~ l~ ~~~~'41' ivor SEC. 'SZ •ZJAJ• 5£ 0 ---------------.. .___ __ _ - 0 BIi "'"'~~~-'s,=,=o~-~,..,.f~-~~~~~~....;~- a,S' WIOS SI.OPE E5H"7 PE~ A.T.M-.sn,uz.i 57,~zn LOT A p .. ,. d {!, LOT C • I ... E '· 1U --, ~I '" 1 !:j ' _--_, , .. : ~·· ' ;-,, I ' :.,:·;_:£t:~·:::··~z?,1~1.:.~a§~~~~;;,1~:i~si-~'°~ll · ... ,~;_;-_;.:_:-~-,·::<:.;·<,_··/: '.;'..: -·::,;-i;·--~~1-n. · -.=J .UIHOHmr SN/srtOH JJNnOJ SNm 0661 ;;z 9nv •• -0 - " • I;_ . l ,>:::·;.,"''''"'--·..s~,~···~····•,,, .. . ' ' ' ' ··:· ;I : I :I •' ~ .. :._ __ _ '. -- AGREEMENT FOR LOCATION OF A FENCE AND A DRIVEWAY BETWEEN ADJACENT PROPERTIES lune 18, 1991 Thi.,; is un ugreemcn1 between Polygon 2000, Inc. (hereinorter Polygon) ond the King County Housing Authorily (hereinafter KCHA) dated June 18,. 1991~ For and in considerolfon of mutual promises and obligat!ons set forth herein, the parties agree as follows: I. 2. KCHA Is the owner of certain real property, (hereinaflcr Parcel A), described on pages 3 and 4 of Schedule A of the title insurance policy which b auachcd and labelled Exhibil A and by tbis IJ. rerercncc mode a pDrt hereof. 1 ( / Polygon is the owner or certain real property (hcrcin11ftcr Parcel B), described in Exhibit B which is .itt.1cl'led hereto and by this reference ma.de o parl hcrt:of. 3. KCHA and Polygon desire to [ormally acknowledge the loc:ition of Che fence nlong lhc propcny line between parceb A nnd B. A portion of the fence k, located on Polygon's property shown on Exhibit~ ottn.chcd hereto and by thi, reference mDdc a pan hereof. KCHA nnd Polygon further desire to formally acknowledge the location of the drivewny along the southwest comer or Poree! B. A porlion or the drivcwav is IOCDlcd on Polygon's property shown on Exhibll C. auachcd hereto and by lhis rc[ercncc macic a part hereof. KCHA and Polygon ngrce to make no claims now or in the ruture of ndverse possession bo.scd on the location of the fonce or 1hc driveway. KCHA and Polygon agree tho1 the rence nnd the dril'cway may remain in 1~ir present locations and thnt neither ~ny shalt rcmov: or o:Jocate the fence or driveway wilhou1 prior written pcrm~ion of the other pnrty. -, P~Jygon and KCHA ogree 10 allow this agreement to be recorded and it sh.ill become binding on all r .urc owricrs, s.ucecssors,, heirs, as.signs and legal represcnlativcJ. KING RtlNTY SING AUTHORrrY POLYG N 2000, N FILED FOR RECORD AT REQUCST cO,- TRANSAMER1c.< TITLE / l. INSURANCE COMP~NY GTON F 320 108th AVI!. N.E. 9.00 P.O. BOX 1493 ~S"CF'ES" ~.oo COUNTY OFKINO Belle.,ue. WA. 98000 CASHSL ....... 11. 00 ON THIS h..<.. DAY OF Q~ . 1991, before mo, tho undersigned. • NolD,y";ublle In :rnt.1 for th~te cf Washlrl'gi~ duly ccmmi,.,iom:d and sworn pc.rsonally Dppean::d · ' tc me: known 10 be the lndividu;i.l described man w o execute t wtt nn a orcgorng mstrumcnt nc nowlcdged 10 me that -;:6._ signed :ind 1c:1led the said inslrument as their free nm.t voluntary ncl and deed WT the uses ond purposes therein mcn1innt:~~ ....... · .. -: . Ii.,', ~ \\".f'(N~;q,j ~~~official seal hcrcla affixed the day and year In lhis ccnmcntc above written. • • .. of # ,'1'. .\ ... i :J ~0,."~~/·::~l~ "If . C t."': .... J,.t-.!<;-...,,:sJf,r~ • • ; -;~. ~-.-,~.ltL,tX ... '{: ·s~ . ·. ~v.·· .. ~,.,ot ... ~·~ ......... /,,.. / •. #,-·-....... ,..1. / . •ji.:~ .. ·<~ ... ~ ·· .. •. :-:,_, ·, tatc o " STATEOFWASHINGTON l..., COUNTYOFKING r --.. .: ... • = .. -· -if. ON THIS /'1e f:j DAY OFJu~f , 1991. before me. the undenign~a~~ N~ary Publi in und for t Sw.1e or Wismgton.. duly comml:!:.sioned nnd sworn personally appeared .., "&. G-P,=;,re< s q,J to me known to be the individua,I described in and who .cx.ccu1c:d the w1th1ri nnd Jorcgomg instrument acknowledgi:c.J «o me tlwt II,: .signed and sc;1Jed the said instrument :is thL:I! free ;md vofuntary act ond dt..-cd for the uses .ind purpo.scs therein men1ioned. WITNESS my hand and official seal hereto affixed the tlay and year in this ccriificatc ubove wrincn: ,,.,..,,n.,, ~~ '' ~,''\•.£.M'r,t~ , ~ ~ / ;~~~.._ ""N~r,;,.. "/W-"'t' i'h<.I_ L~. ft/~'l<rn-= 9,mdnfcc:0,:---.t-.chcc-ser.lll=.tc""'ot !~ ~NIY' \\ Washmgton, resichng ut ~th ,cu.I .. 'J, ~ ~ J My comm11\mn cx:p1rcs //-/5' • y;q' ,.,;.,_·.~ ...,,,·~ ~,~~!~;w ,, ........ .-"' w111,-• 4-. ... -P.SA-.. .'?'2:'· •••• "I ...... ~,.'J . -. . - •• - ( Exhibit B Parcel s l£liAl .D£SCRIPTJOM LDT A -.. • • ( THC MJ/lTH U7.S F"CCT OF THC sounr 940 ITCT or THC VCST 49S FCCT OF r,,r vcsr HALF OP TI/C MJRTHCAST OUltRT~R IT THE: NIJRTHVCST QIJARTCR OF SCCTJON 3e TOWNSHIP 23 NOflTH, llANGC 5 CAS~ V.H.. KING COUNT~ VIISH/NtiT~ CXCCPT THAT PONT/ON CONVCYED TD KING COUNT'f FOR CAii~ HOAD DY JJcCD fiCCORDF:D IJNOCI? NCCOHQ/N<l Nl1HBC/l !J7992BT, /IN/) CXCCPT THC CAST 3D rcrr FOR 105th PlACC s.c. AS CONVCYCb TO KING COllNT'Y ar NED RLCORJJCJJ 1/NJJCll /?£CORO/IVG NU'IJJCR 6093&99. TOGCTJICR ti/TH THC vrrr 232,70 FCCT OF THC NORTH :155 rc£r or me soum 940 F££T or rHC l."Esr 495 rccr or n,c vcsr JM1.r or me MJ/U'HCAsr OI.MffTCR OF Tl/£ NCJRTHVCST OIMRTCH OF SCCTION 3{! TOVNSHIP 23 NORT!i RANtiC 5 OJSI: V.~.' • .'f'!Mi COUNT~ VASH/NGTDN. D<CCPT THC NORTH /77.5 FCCT TIICRE.lY'., LOT D TIIC NORTH 355 rec, or TH£' SOU/fl 9./0 ra: i 01" TH£ I/CST 49S rar IJF lll£ VEST HALF OF" TH£ NOIITHCAST OUNUER OF rm: MJRrHIICST OUAHTO? or SCCTION 3e 70VNSIUP 23 Nolifli R.4Nli£ S £/IST; V.,'4 KING COUNn; '1/ASU/N6TON CXCCPT nJE /I/ORTH /7)'.5 rccr TUCREOI",, AND EXCEPT TIE VC'ST e:/2.70 rrrr lll£R£0!i ANP CXCt:PT TH£ CAST 30 rrrr FUR JO~th Pl~CC S.£. AS CDNVE~D TO KING COUNTY HY D£CD RCCORJ1£'D UN0£R R£C0NDJNG NIJH/ICR 60!1.3699. LOT C TIit: NORTH /05 /"£ET llr THC SUUT/f 565 FEET or TU£ t.•csr 1'95 /"££1 OF THC VEST I/ALF Dr 1flC NORTHEAST f}lp)RTER OF THE: NORTHVCST OUIIRTER er SECTION :ie rovNSHIP 23 MJRT1' RANG£ 5 £AS4 V.H.. KING COUNT~ VASJI/NGTO/(I CXC£PT THC CASTD?Lr 3D rccr TIIC~ AS CONVCYEP ro KING COUNTY FOi( /'15th PlACC S.£. 8Y KED A'CClJRKO UNDER ~CORD/Nu lltl/18£1? 60936!1!1. VH/CH IS A ~£-l?CcnRD OF DITO RCCORD£11 LINDER RCCORD/Mi ~IJCR 6(N5539. ANO, me NORTH J7 rrrr or TH£ swTH ,tvo ra:r OF TH£ £'AST 3?5 FITT or me v,:sr 495 FCET OF me NORTIICIIST DIMRTER tT TIit! N(IIUHVEST OUARTER OF J'CCTION 3~ TDVNSJIIP e.1 NOllT)t IMN6£ S £AST. V.,4/~ KING C(ltJNTY, Vl'ISHINGT~ CXCCPT Tl/£ £AST 30 F££'T THl:RCOF" H£S~RVCJI F[JJ? ROAD Br IJCCD HC'CaRDCD I.MlJOI RECORDING NIJH8£R "161927 AND 87IM2./J.IDIS AS CONVEY£0 ro KING CO£h,llr. ALL SITUATE IN TH£ cnr !JF RENTON COUNTY or KING. ST/IT£ OF VASH/NGTON. =':-~="'""'i""'"'"'"";;i11'"· .'!J.!!.J?!"Jll! .• !'1.,A•.'! .. "'·~~.'!IH!I ... ~!'.!.", .. "·. !'!'.'""' __ _,_, .... ..,,,_._&, ., . ·-· - 0 • - Cl·llrAGO TITLE INSURANCE: C011f'14N{' EXTENDED NORT~AGEE POLlC~ SCHEDULE A c(~ntinu•dl - Palic11 No. 129644 THENCE SOUTH :Z DECREES 24'54" UEST i'LONC SAID EASTERLV t1AR¢lN 10. 40 F'£ET TO A POINT OF CUR\1£J THE'.NCE SOUTHERLY ALON¢ SAit) EAST£RL't LINE FOLLOt.#INC A CURVE TO THE ,u-;Hr HAVlNC A RADIUS DF 244. 18 FEET, AH ARC DISTANCE OF 187. SJ FEET TO THE EASTERLY HARQIN OF A PRIVATE ROAP: THENCE SOUYHEA.STERLV JN A STRA[CHT LINE ALONO THE EASTERLY LINE OF $Aili PRIVATE ROAD 120 FEET. MORE 0A LESS, TO A POINT IN THE SOUTHERLY LINE 0~ THE NORTH HALF OF' THE SOUTHEAST GUARTER OF' THE NORTHWEST QUAATE:R OF TJ..IE NORTHWEST OUAATER OF $AID SECTION DIST,tr.NT SOUTH 86 DEGREES 5~•t6N WE$l . 342. 07 FEET FROM THE" EASTERLY LINE OF SAID SU8DIVI$lON1 THENCE NORTli Gt, DECREES 5q "lb .. EAST 342. 07 FEETi THENCE NORT~ 0 DECREES 2o·SB" EAST ALONQ T~E EASTERLY LINE OF SAID SUDOIVIS]ON 674.04 FEET TO THE TRUE POINT or DEQINNINC; EXC£PT TH~T PalTION THEREOF CONVEYED TO K(NQ COUNTY FOR CARR ROAD DV DEED RECOROl::0 UNCE'R. RECQRl)INQ NIJHEER 5876159. PAACEL F: T~E WEST 360 FEET OF TM£ SOUTH HALF OF THE NORTH ~LF' OF TH£ SOUTHEAST QUARTER or THE NORTHWEST QUARTER OF SECTION 32. TOWNSHIP 23 NORTH. RANG£ 5 EAST, WILLAtlETTE HEAIDlAN. IN KlMC COUNTY, t.lASHINOTON1 ALSO ~ Tl-IE SOUTH 400 F'EET OF THE MEST 49S FEET OF THE NORTHEAST QUARTER OF 0 NORTHLIEST llUAATER CF SECTION 32, TOWNSHIP 23 HORTH, RANCE S EAST, ..-, WILLAMETTE J'1£11IDJAN, IN KING COUNTY, t.lASHJNCTON, THE C') EXCEPT UE NORTH 37 FEET OF THE t.lEST 380 FEET or THE EAST 3c;i5 FEET 0 THEREOF• ANO {Ira EXCEPT THAT PORTION THEREOF C0NV£V£D TO KINO COUNTY FOR lOSTH PLACE ~ SOUTI-IEAST GY l>EED RECORDED UNDER RECORDtNC NUMBER 87090509261 ALSO a, THE NORTH HALF OF THE NORTH HALF OF THE SOUTMEAST QUARTER OF THE NORTM~EST QUARTER OF SECTION ~2. TOWNSHIP 23 NORTH. RANCES EAST. MILLANETTE MERIDIAN, IN KING COUNTY, WASt-ltNCTDNi E~CEPT THE EAST ~bb FEET THEREOF, AtlO EXCEPT THAT PMTION: THEREOF CONVEYED TO KINC COUNTY FOR SOUTHEAST STREET DV DEED RECORDED UNDER RECCROINC NV"1SER 87o,oso927. PARCEt.. C: 180TH THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 2:J NORTH, RANCE 5 EAST, WILLAHETTE MERIDIAN, IN. l,\I;Ji; COUNTY, WASHlNQTON1 EXCEPT THAT PORTION OF THE EAST 430 FEET THEREOF LV1NO NORTH OF THE sourH ~lO F££T or SA[O SOUTH HALF; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 240 FEET THEREOFi AND EXCEPT THE EAST 30 FEET THE'P.EOF CONVEYED TO KING COUNTY FOR 108TH AVENI.IE SOUTHE~ST DV DEED RECCADEO UNDER RECORDINO NIJf"IBER 7~l7611 ""'10 fXCEPT TH£ ~EST 10 ~EET OF THE EAST 40 FEET ~HEREOF CONVEVEO TO THE STATE OP Mli'SHINCTON FOR SR 51 S c !OBTH AVENUE SOUTI£AST) 9Y DEEO RECORDED UNt,t:::;;. RECORDING NUHBER 730515040~ Thi~ PoliC\I valid anl1,1 if Schedul• 8 1.t. attach•d. • ·.I.. :. · .. .¢ •. .$ •. A i.t.. -' '--~ ., .... 't J . \ PARCEL A: .. -- 0 • - .,, ~ ( r e" h; L:-1-,-, CHkACO TlTLE INSlJRANCE COMPANY EXTENDED HORTGA~EE POLICY SCHEDULE A <ContLnu•d• Polic9 No. 1:2~444 THE ~S~ 31b FEET OF THE EAST 366 FEET OF ~HE NORTH HALF OF fHE NORTH MALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECHON :J;?. TOWNSHIP 23 ~TH. AANCE S EAST. WILLAMETT~ MERIDIAN, IN KlNC COUNTY. WASH (NOTON1 ElCEPT TME NORTH 30 FEET THEREOF, CONVE~EO TO KJNC COUNTY FOR SOUTHEASi ltlOTH STREET BV DEEDS RECORDED I.Jt.lC~R RECORDING NUMBERS 8401040749 AAND B70S0S092S. r,. . ...t PARCEL B: 0 ~ Tl-IE I.IEST ,330 FEET Of" THE £.:-isr 380 FEET OF Tl-IE sour ... HALF CF THE NORTH O'l HALF OF THE SWTHEAST QUA.RTER OF TME NORTHWEST QUAFlTER OF' SAID SECTlON 0 32• s EKCEPT THE SOVTH 15 FEET THEREOF; .-4 a'I PA.RCEL C: THE WEST ~94 FEET OF THE EAST 464 FEET OF THE SOUTH HALF OF THE NORTH tiALF CW THE SOJTMEAST QUARTER CF THE NORTHWEST QUARTER OF SAID SE:CTION 32, EXCEPT THE SDVTH tS FEET OF THE; EAST~ FEET THEREOF'. PARCEL D; THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF TME NORTHWEST OUARTa OF SAID SECTION 32• EXCEPT TKE ~E5T ~60 FEET THEREDFi AND £XCEPT THE EAST 664 FEET THEAEOF. PARCEL E: THE EAST as FEET OF' THAT PORTION or THE NORTHWEST QUARTER or THE NORTHWEST QUARTER OF SECTlON 32, TOUNSl-llP 23 NORTH, RANCE 5 EAST. 1,HL.1..AHETTE MERIDIAN, 1N KtNO (:QVtHY, W,5iSHINOTON, DESCAlBED AS FOLLOWS; COMMENCING AT THE NJRTHEAST CORNER OF SAID SUBDIVISION, THENCE SOUTH O DEcREES 2b'58" WEST ALONG THE EASTERLY LINE OF SAID !3UBD1Y1S10N :J:J7. 02 FEET TO THE TRUE POIN1 OF BEOJNNINl:1 THENCE SOUTH Sb OEOREES t9'24M WEST 1,0.~~ FEETJ THENCE SOUTH 2 DECREES 24•54w \.JEST 336.52 FEET: THENCE SOUTH 84 OE:C:AEES 3'9'20" WEST !65. 00 FEE.T TO THE EASTERLY MAROIN OF ~ARR AO.D\D; Thi-s Policy vali.d ?nl"I if Sc.h•dule 9 l• .ail_:'tac;he-d. P•11• 3~ :r .. :,,~t-- .). . ,l.~ .. ~ .. A#-.. :...2,.,.:., .. , H I t '\ I ~ .) . a .... - ( '' ( ' ...... Exhibit C "I FSNCE. • • ( LOT B - ----,--- P«•, ..r B LOT C /.::;:,,,t_:; FENCE C01&Je1t. I. S'N~ '· 5' E; .lGS.5~· C:..'O. Purce/ A ~ ,a,._ !.7" '\ ' i ' .. - - t • •• V ____ ._..._______ - Retum N>mc and Addr.,., TCJ ATTN: April Krd>Scr 2J 16 S State St T ,coma., WA 984DS ,.__._.a, .. -~ D0<111anat Tille(I) • • I. MDU Scrviu Ag,canco1-V111111ge Glen Mabie Home Plllc 2. J. Grastto,(1) I. IGng Counry Housing Au1boriry 2 J. Granltt(s) I. TCI C.&blcvision ofWa,hington. INC. 2 J. - Lq:al Dmriplion (abbreviated: i.e. lot. block, pl.1t OR 1mion. township, range, qtr.) SEC J2. T2JN, RIE D Additional leg.al is on page 9 of document Rd"ereace Numb1:r(1) (Auditor Filt Numbers) ofDoaJmcr;lsassigned or released: C Additional numbers on -0 e ofdocumail Auwor'1 Pn11pt"rty Taa ParnllAccouat Nambtr J22J0S·9020 0 Property Tu: Pare.cl ID is no1 yet as.signal. n Additional rurcel numbers on """ne. or document. The Auditor/R.et:0rdcr will rely on the information provided on lhe fonn. lbc staff'wi.U not read lhe document lo Yerifv Hte accuracv or comoldcnq,a; of lhe inde,tin11 infomwion. 111111111 liiL~~. T(I 10 11.N .. -. • . .... ! - - , • -- • • ,..,,,. BROADBAND l!,\§EMENT RI GITT OF §NTRY AGREEMENT TCI CABLEVISION OF WASHINGTON, INC. 4028AUBURN WAY NORTH Name: .......... 01y,Sut~.7jp: Con&acl Pmon: T,lej>hon<, AUBURN, WA llll002 KING COUNTY HOUSING A1111101UTY I S45S-6.Sth Ave S S..nl<, WA 98188 Litt Hlavaty (206) 2~7750 AddnM: c;y, Stare, np: Contad Pen.on: T,,..._, VANTAGE GLEN MOBILE HOME PARK Ill 00 -I 07th Pl SE Henion, WA 9805.S M.5. Patty Werth (Ill) 277.719-1 THIS BROADBAND EAS~ RIGHT OF ENTRY AGREEMENT (this • A«ess Agreement.~) dared M of Novembct O -, 1998 ii made and entered in10 by and between TCI CABLEVISION OF WASHINGTON, INC. ("Opm1or"). and KING COUNTY HOUSING AUTHORITY ("Ownen. effective u of the da1e of Opcratot':s ueculion of lhis Access Agrearu=nl set forth below. RRCITA.LS A. Owner ow ... , lhe VANT AGE GLEN M08[1..E HOME PARK Jocaled at 18100 • 107th Pl SE. Renton, WA 98055 {the ·Prcnliscs·). consisling of 164units plus any unils added or constructed in the future. A legal description or lhe Pre.mi~ i5 Ill.ached herelo u ~- 8. Operator owns and operates a cable television system in Auburn, Washington (the ~,i;)'~lcm"'). C. Owr.cr and Operator desire to provide. £or Opc,aeor's access IO lhc Prcm.i51C.5 in order 10 ins1aH tbc cquipmc:ru nc:ussary IO provide n1111li-channcl video programming and 1.11y Olbcr servic.c.,;. that il may lawrully provide (the -Services•} lo lhc. Premises, on the terms 18d conditions providied herein. AGREEMENTS In consiikration of the mutual promises and i00ndi1ions herein sd forth. Owner and Operator agree as follow.s: I. OWllfflhlp or U.r Prtmlsg. o»ncr n:~15 md warnnts lhat i1 is the: rcwrd. holder of (cc 1i1lc IO lhe Prunisu. "' .. 11.N 19991&11114'2 !flf,,'IU',l!f, mil r.uh, .. '{",,--='--'l!.------.111!1 .41!1"'"-----... - - ! ,r· • •• .. -- • • NWIM 2. Euemenls; Access, Owner hertby granu. blrgaillS and conveys lo Operator and it's AffilialCS an irrevocable ea.w:rnen1 in 1ros.s across, wider and ove( lhe Premises as nea:ssa,y or dc.,;irabtc for lhc: routing, irwallalion, mainlenancc . .scn,kt. and opmlion ttr lhc E.quipmcnl (as hercinolfler defined), and lhc mad:tling and provision or the Services. Ow11er agrees that lhc Opcrt1or may from 1ime to time enter into variou.s agrwnr:nl!i or arnngemenL~ wtlh il.~ approved fCS$CC.'I,, ascnllli or authoriu:d \'endors (collectively. the •Agents") and access lo, and cattry upon. lhe ~mises &ranted by Owner puB11an1 lo this Section shall o;1end to such Agenu. Owner shall cause i" de.signaled rq:,rc.sentativcs lo a.ccornpany cmpki)US or conb'aclOts of Operalor into any UIK'JCCupied ~idcntiaf 11ni1 for lhe purpou of W1ring S11ch residential unit. if such wiring i~ required. Mr::r Ilic I-re.mis.ts haw: been wired for the provision of Services, Owner sliall provide: 0pc,1lor's emp,o~ and conlrlciors acecJS to lhe Premises al ru50l'W>lc limes for 11\e exercise- of ilS casement rights llereundcr. In addilloo IO the Olhe:r righu pied by Owner llere.lnder. upon 1enni11at.ion of lhis Access AgfUhl:nl, Owner hereby grams. barga.ins ud Conveys lo Operator thL righl to enler lhe Premises in order 10 remove the Equipment from the Premise.,; ir Opt:nlOf so desires. J. Equipment. Operator may inst.all, mainlain, scrvitt, opcl'illr and upgrade on 1he Premises ooaxial cable and/or fiber optic line, inlcmal wiring. ampJirsers, convtrteri; and Olhcr equipmcn1 necessary for the provision or U1e ServicQ (the: ~uipme11n. Tht: Equipmrnt ~hall o11 alt cimc.'i be owned bf, and remain the property of Operator. whethrr or noc auachcd tll or inf.otporatcd iD the Premises. and 11either Owner nor any ~ident of the-Prcmbes ihall have or obtain any right. lillc or intcresl therein. The Equipmcnl doc~ nol con~titute .a fixlurc of Che Prcmi!.C!i. Owner .shall in no way aHa:h to o, use in any manner lhe E.quipmenl or any pot1ion lhcrcor. Owner shall have no obligalion lo .scrv·icc or maintain the E.quipmen1. 4. Type or Acsoonc; ProytskNI or Sen:ka- C•> Opellllor stiall provide the Service$ IO the P1opc:rty 115 follows: (Chtck-) 181 Individual Rllle Accnunt: Operalor, or the Agcnls, shall market and conlr.act wtth individual rcsidcnls of che l'rfflJiRS for 111 Stnriccs, and all amngemcnb for connecung. 5QVing and billing midcn1s of the Premises for the Services-shall be made dirtctly bc1wecn Opencor and such midcnts. D Bulk Rate Accoun1: Operaror shall nwlcel and conlracl wilh the Owner ror certain of the Services in 11:'COnluH;e with a Bulk Rate Agrecmcnl to be signed by Opcraior and Owner. Operator, or 1he Agcnl5, Jhall miftec and contracl with inclh·tdual residents. of chc Pn::mises for aJI olher Services, and all arrangemcnlS for conncc:ling, .serving and billing rcsidcrus of the !'r~misu for such Sctviccs lllaJI be: made directly between Operalor or thr AgenlS, and ~uch rc.sidr.nlS. -2- re, .. 11.N - e - - l' C ( • -- • • ....... (b) The Sc.rril%s shall initially be provided as. set forth above. During the term or this Access Ag,cement, lite method of billing may be ctwigr.d (i&, from a bulk ralc lo an individual race account and visa w:na) wi1hou1 in any W3Y affc:cting lhc: Yalidily of lhis Agreement ,. D•m•ct to the Prtmisa or Egulpmmt; rnc.1mmracaUon; SunlYfi. (.i.) Operator shall repair any damage 10 the PRmi5e.,;. cawed by Operator, i1s cmploycc.1, or lhc Agents. Opetator shall hold twmlcss and indemniry Owner from and against any and an ln.<t.o;e.,;. or damages (includin,: rea.wnable attorneys' f~) resulting from Opcra1or's or die Agents' installalion, maintenance. service, removal or operation or the E.quipmc.nt or any oUk:r equipment of Agtnl, e.ucpl ms or damage arising from any m:gligen1 or i1tentionat ac1 or omi5-Sion of Owner or il, agents. or employees, or any r~idenl or the Premises. Cb) Owacr shall repair any damage lo the Equipment caused by Owner, its ;agents. or employus, or any resident of lhc Prcmi:-;c.,. Owner shall h.o1d harmlw and indemnify Operator rrom and against any and all tosses or damages (including rea.sooablc attorneys' fees) arisiPg from or with rcspe.tt to Ii) any negligent or intenttOnal acl or omission of Owner nr iu 3,gen1s or e1nployc~. or any rcsidcnl of lhc Prr:mi~s. (c) The righb and obtigalioni 5et fonh in tl\i.!'i Sc.cliOl'I 5 and the last senlcnce of Section 2 shall survive ttnninalioo nf this Access Agreement. 6. Jnsurag.:e. Operator ~all obtain and maintain in full force and effu:1 throughout the Jni1i.al Tenn and any Renewal Tenn. with reputable insllf'tl's qua!if~ lo do business in 1he -"tale or :uatei'I iu which tht: Ptt:miscs are localed. general ljability insurance in amounls of nol less lhan $500.000 for injury IO any one per...on. SS00,000 aggregate for any single occum:ncc, and $500.000 for propcny damage. 7. Qlt1er Snteln!!l. In considcr.iition of Opcrator"s inves1mcn1 in &he. f.quipmcnt and other valuable consideration, fnr a period of 1ime ending upon the earlier of (1) the date of 1cnnina1ion af thi.~ Acnss Agreement or (b) the 7th anniversu)' of the effu:live dale of this Acc.ess Agrc:cmen1. Owner shall not, without the prior written coNCnl of Opcralor, opera IC or install or pennit the operation or instalbtlon of any other anlenna.. receiver. convener, cable or v1hcr signal amplifiation i)':!olent on lhc Premises for use in connection with telev*Sion or ndio equipment B. forct M1tfurr. Operator shall not be deemed to be in breath or this Access Agrccmcnl if ii is unable. lo perform ib obligations hereunder as• rcsuh or lhe occurTCna. of an c.vcnl or "fOICC' majc.urc:: wheth ~all include. bu1 not be limiled IO, acts of God. acts or lhc. government or lhc Uniml Stales or of any slale Of political 511bdivision thereof, Wikcs, civil nots -3- m .. 1, ... t .. ' .... - ... { • •• -- • • .... ... or di5,turbanccs, fire, rloods, capkdion.-.. eanhquU.:s, wind, storms, hurrica.JeS, Jagh111ing, othr:r similar calil$lrophcs oc-other causes beyond Operator's. control. 9. Tenn; Trrmfpatioll. This ACUS$ Agreemenl shall be dfo::1ivc on lhc dMe hereof and cootinue for a period of IS years (the ,nilial Ttrm"), and lhtrcaf1cr w:JI autcmarically con1inue for I additional terms, each additional tenn consisting of lhe same number of years as the i:nilial Term (each a ·Renewal Tenn"), unkss eilher pWE)· gives !ht other wriuen nolice of non-renewal II: least 5ix months prior lo the eBd of lhc Initial Tenn or thcn- dfective ReMwtil Term. as apprupriaie. All notices which ~ given pursuant to this Section shall be sufficienl in all respects if given in wriling and ddivu~d personally, by ielccoPY, by OYt>mighl courier, orb)' regislettd or certified mail, posPgc prepaid, lo lhe receiving party at the respu:tive address sci fonh below lhc:ir signa&uru on the signatUR. page to lhi!o Accts!ri Ag~m£nl or 10 suc:h ocher addn:u 111 such pany may have giVCA notice 10 the other pUDIWII hereto. Notice shall be deemed given on Ule dale of delivery, in 1ht case of pcrs,o.,al delivery, on 1hc date specified in the tdecopy conftrma1ion, in the cue of tcJecopy, or on the delivery or refusal date, as. specified Oil the mum ~ipt, in lhc cue or overnight courier oc rcgistem:J or ccnificd mail. 10. Home Run Wiring. To the eaten1 fedetal law n:.quire.s {)pmlor 10 provide in lhL.i. Agreement for lhc disposition of il.5 hoJD: run wiring "pon 1crmina1ion· of the Agreement. Operator agrees lo 5ell lO 0Nna. and Owner agrees 10 purchase. lhc l\olne run wiring on !he Premises al the fair market value for lhe foll ~placcmtQI ~I of such wirin1. includIDg libvr and in~1allation costs. To lhc citcn1 applicable, Owner will be: responsible for applicable Ylcii. ur other similar Law.~ imp(N,d by a gcwemmepta.l cnlity or agency raling to lhc purchag of home run wiring. If Owner faib 10 pllftbuc such wiring. in ils sole discn:lion, lhc Operator may atwidon \he wiring in place. or shall be pcnnincd to con1inue to mainCa.in UN: wirin,g cm the Premise.\, a,,d shall have no rurthcr obllgllion IO Owner, (however, Operator ~rves all other rig.hts and remedies relatin1 to Owner's railurc 10 purchuc pursnant to this Sectioo 10}. For the sole Jlllrpos.e of this Sulioo 10, die phrase "home JUTI wiring" shall mean only the wiring from the point at which the wiring becomQ dcdicalt.d to an individual unit on lhc Prcmt5C.5 to Ille cable dcmarc.i.tion poinl at or about I wclve ( 12) inches outside the uni I (incl\lding wiring localed within individ1>al residcn1ial unils and speciflcatly excluding coovertc.ri, remote controls .and similar equipment) which an: owned by Operalor and med by it in the provision of cable :stl'\liet:s to r~idcnts of the Premises. "'Home run wlrin1 .. 5hall not be deemed lo inclOOC riiCfS. or ac1ivc: deviet.1, stK:h 1.~ amplifiers. NotWillwanding ll'lything to the. conuary hc~in, Operator intends 10 retain ow-nc:r.:.hip of the MDU u:d: Bo~. which may be removed by Openlor, or 50ld to Owner in 1he Opcraaor's sole liscn:1inn by a separai.ely si1ncd agreement ··- "' .. "·" ;,. "> - ... ' '( • ·-fl---- • • ... ... 11. Suffl:5.lOrs 10 Jk!lh Parties; Rdfts:d Parties lo Omp•or. The benefits and obligalions of 1M Access Agreement shall inure to and be binding upo,:i Che successon. assigns, heirs. and personal represenwivcs of OperatM and Owner. If Owner shall sell, transfer or encumber the PR:mises, such sale or cncumbr.ance shall be sllbjcct to 1his Ac:cc:u AgrecmeM. which !ouches rr.lld coocems and runs with lhe land. Toe righlS and obligi1tions or Ope:nlor under this Ace& Ag:Rtment may be cnjoifted, enforced o, performed, as the ease ma)' be, by Operator and any odtcr entity controlling, controlled by or under c:ommor, control •ith Open1or. 12. [.gal Action,. JI legal aclion is ncccssary 10 enforce uiy provision or this Ac.ccss Agrecmenl or any agn:,emcM rdaling herelo, the prevailing party in such actioo shall be entitled 10 n=co~r il.5 c:05ls and c~pmo;ics o( such ldinn, including rea.~lc auomcy's fCCA. I l 4111 §tllhts. This Agt"cment does nol mate any agenq, tmplo)'fflenl, joi•t cmpJoycr, join! venture. or parlnt:rship between Operator and Owner. Neither pany will haw: the righ1. power, or allthority to ect for the ocher in 111y manner. 14. AulhoriiaUons. The person signing on lxhalf of 1:~ Owner rcPJC5C11l'i dJat he/she is the owner of Ike Prem~ or the authoriud agent or Owner, with run authority to bind 011rner to the tcrm.1, and conditioru or 1his Acccu Agreement Thi!i Accei'i Agrcc:mcnt shall no1 be liinding upon Operator until signed hy an authorized n:pn::scnliltive or Operator. U. Mlsttflancous Prmidnn!II. Thi!i Acee:o1.1, AgRffl'ICnl 5upenedes any and all other access agruments. eilhcr oral or wrillcn. between lhe panics hereto. This Access Agrument conlains 1hc entire ag,umcm between Owner and Operator and may not be amended except by an 3[!:rcc=mcnl (£1hlbll Bl in wricin,: signed by the patiic.'i. Whene.Yer pos.~iblc, each provision or this Accas Ag,umcnt shall Ix inlcrpreim in such a manner as to be dfccfrve and valid urtdu applicable law, but 1r any provi.lion or thi5 Aa:css Agrumcnt shall be prohibi1cd by or invalid under applicable law, such provision Mall be ineffective only 10 1hc c:1tcnt or such probibili<a er invalidity. wilhout invalidaafflg the remainder or such pJovision or the remaining provisiot11 of .s- TCI .. 11.N .£., :JIii • '> • - ('-. •• -- • • ""'"'' !his Accns Agreement. Any modification~ an: coruincd in Exhibit B lltached hereto 1111d incorpOJattd herein. The parties ha\lc: 4;,iccutcd this Access Ag~mcnl b)' lheir duly·.iuthoriw:1 reprcSCJ1lali~s. OWNt:R: KING COUNTY HOUSING Atn110RITY By: Print Nnc I!,; f ,x,• u,_.:_t.,;~ ).,hr <'.:1,,, ffitlc) I \-c,c:, -r1,5 NOTARIZATION OF OWNER/AUTHORIZED AGENT SIGNATIJRE ST ATE OF_,,\l\,_'._,: f\µ._ ___ _, ' )SS COUNIY OF_ KI Ci<\ ) . On ~~ C:~~ of \J.))h1}t( ,g<::rJ,, befor. .mc.,a,Nolall Public in and for Ille State of ' ,p , p,<SOl1ally appeami'C,\(""M'.):"I'\ .). U)Q.ffi,N IO me k-n 10 be Ille individual de$cribcd in and who eiu:cuted lhe within and too::going imllUment. and ack.nowl~p:! lhc he/sbe signed the wne as his/her fru .u,d voluntary act and dr.ed for me u,es md PlJIJ>05C" therein mentioned. "' .. 11.N , . .. ' - - ! ( . - STATE OF WASHINGTON COUNTY OF SNOHOMISH - • ) )SS ) - On JANUARY 19, 1999 lk:forc me, a Notary Public in and for said Staie, pcrsonall)' appeared JobD B. Grismore, known to me to an Autlllorlzed A1,ul of lhe eorpora:ion lhat o:ceuted the within lnslrumenl, known to me lo be lhc person who c~uted the within Jnstru.mcnt on behalf of 1h~ coq,oralion lbcrein namtd as COMPANY or OPERATOR. and acknowledged lo me that such corporation executed the with.in Jnsu-umenl pun:11&n1. lo its by-laws or .a rcsukalioo of ils ooal'd of ditcctors. WJTNESS my hand :and official seal. MARC D. MICHEl NOTARY PUBLIC STATE Of WASlfll/GTON COMMISSION EXPIRES APRIi. 1U. 2002 :. "' .. 1, .• --,-. ' - - ! r • •• -.. - • • EXHIBIT A To Broadband Ea>e,...t IUahl of Entry Al,..m,nl Novcmbt~ 199K brtween TCI CABLEVISION OF WASHINGTON, INC • .... KING COUNTY HOUSING A.urJIORITY Le111 lhscr1ption. MdroSgn FuU l~HI APN:32230.5 9020 STR 312305 TA.XLO'T 20SEIA OFNW 1A LESS £430 FTOF S:E %OF SE'A OF NW% LY NLYOF S 2IO FT Lf.SS POR LY ELY OF fOtG UNF. BE.GIN SE COJINER OF NW % TH S 89-26-17 W 40.02 Fr TO WESTERLY RIGHT Of WAY FOR STATE ROUTE 515 TH N 01-26-10 E 2.10.13 PT TO POD OF SAIDL.INETOSLTNEOF N'269.41 FTOFS 479,41 FT OF SAID NW 1.4TH S 89-44-]I W 93.BKFTTH S65-Sl-56 W 51.22 fT TH S 89-26-37 W 80 FfTH S 49,]B-17 W S4.67 FTTH S16- 50-]8 W S6.l9 FTTH S B9-26-J7 W 20 FTnl S 01-26-10 W 105 FT TO SOUTH LINE.OF NW% ANO TERM Of SAIi> UNE l.f,~~ CO ROAIJS TGW S 400 Fr OF NE " OF NW 14 LY WL Y OF STATl:HWY LE.'>.lii N 37 FTOFW JtlO FTOFE )95 FfTOW N 67HOFTOFS 1010.85 FT OFEIS Ff OF NW 'A OF NW 'ii LESS CO ROAD 1£SS C & M RIGITTS TOW BEG Sf. CORNER OF NW 'Ai TH S B'l-l6-J7 W 40.02 tTTO wt Y RIGHT OF WAY FOR STATE ROlJTE Sil TH N 01-25-10 E 210.IJ PT TO S LINf. OJ-' N UiY."41 FT OF S 479.41 t-T Of SAID NW 'A TH S 89#11 W 9J.HR FT TH .'i 6.S-51-S6 W ~1.22 fTTR S 89-26-37 W BO Ff TH S 49-11-17 W S4.67 fi TH S 26-S0-38 W S6.391"T"TH S 89-26-J7 W 201-Tnt S 01-16-fOW 105 FTTOS0tnll LINEOF NW 1A nt S 89-26- )7 W 792.19 PT TO POD THS 01-20-07 W l76.50 Ff TH S 89-26-35 W 176.50 FTTO EAST LINE OF W ONE f001' OF NE ~ OF SW '.4 TH N 01-20-07 E TO N MGN OF NE % OF SW !JI TH El. Y AL.ONG SAID N MONTOl'OB-AKA LOT AOFKC BOUNDARY LINEADl Al'PUATIOI< NOS 921..0091 APPROVED JUNE 26. 1992 A-1 ... m , .... •• ... • .... i,,· c:, c:, c:, r-.. -- Return Name and Address AT&T Cable Services ATTN April Krebser 3119 S Center St 111111111111111 200009110005 9 Tacoma, WA98409 ~f:tCOF' t13/Mj za H 11/ll/2'" II t9 KING COUNTY, UA PJCIIX -t « .__ u,fonnat,oa, Doc:umeot Tille(1) I Broadband Right of Entry Agreement-Vantage Glen 2 Agreement for Grant of&scment 3 Grautor(s) I King County Housing Authority 2 3 Gn,ntee(s) I TCI Cablevision ofWashington, Inc 2 3 Legal Description ( abbreviated i e lot, block, plat OR section, township, range, qtr ) SE, NW V. SEC 32, T23N, RSE D Addillonal legal 1s on page 8 & 13 of document Reference Number(s) (Auditor File Numbers) of Documents assigned or released ' Additional numbers on DaRe of document Assessor', Property Tas ParceVAceount Number 3223059020 0 Property Tax Parcel ID is not yet assigned D Additional narcel numbers on naac of document The Auditor/Recorder will rely on the information provided on the fonn The staff will not read the document to verifv the accuracv or comnleteness of the indexmR information -en 0 •• - Albl: Pam OldonKamp TCI Cllbkvision ofWasbin11on, lne. 4020 Auburn Way N Anbum, WA 98002 (253) 288-7468 - BROADBAND RIGHT OF ENTRY AGREEMENT Intranet Rev 4/12/99 All Scrvaccs 9m/99 Property Owner Name Address Ory.S,....Zlp Contact Person Telephone Fax Kine c .... 1y nom1n1 Aulhonty 1545S-6S"AvcS Seattle. WA 98178 Asset Martaga" (206) 244-T/50 BS<>.pfW. MULTIPI..E DWELLING UNITSA Proporly 164 UrulS Complex Name Addn:.u ary.S1ae.Zlp Contact Person Telephone Fax Vantaee Gltn 18100107•p1 SE Renton,. WA 98055 c, THIS AGREEMENT ("Agrccmcn1j dacod as of March _ll_. 2000 15 made and entered mto by and ~Wttn TCI Cabl.tY1.11on of g; WRngton, lnc.("C.Ompany"), and Kin& County Homing Authority (''Owner"), which owns or has control over cert.am real e5,talc C"-.1 and improvements commonly known u the Vatace Glen: located al 18100 I CJr1 Pl SE. Renton, WA 980SS (''Prem sci.."). wm1s11ng ot 164 un1u plus any umts ad:Sc:l or comtrudcd ,n the fut11re A lcpl descnphonoflhe Premises 15 attached hcrclo .is Exh1b1t A In Quarter NW, Sa:t1on 32, Towmhtp 13N, Range OSE. Parttl or Tu Acoount Number(:S) 322305 9020 Company owns and operates. a cable lelevmon system m Renton, WMhln&ton ( .. System"") purruant to a franctuse .agreemem, pcrmtc or olhc:r authonly to operate the System. (u extended or renewed from time-to-II.me {"Franch1scj Owner and Comp.my do1rc to -provu:lc (or Company's access 10 the Prcmw:s 1n ordtr lo inslall 1hc t.qu1pment ncceMary to provtde mulu-channel Video programnung and any other commumcabons aid 1nfonnabon semces thM Company may lawlully proVKlc C"'SeMCCS") to the Pmmscs, on lhe terms. and condibom proVldcd helan lbcrrfo~. lhe part.1es agree as lollows I RIGHT OF ACCESS Owner hereby grants, bargm.ns and conveys lO C,ompany a nght ot access lo, across, undtt and over the Premises as neceswy or desuabJc for the routing. 111Sfallation, maintenance, savu:c and optntton of lhe Equipment (as hcmnaficr dcfiaed) am any or Owner's cqu1pmcnl used tn c.onnf.d,on wilh pnmsaon of the Scmc.cs, and the madccung and prov1s1on of the Services Owner agrees that Company may from amc co tame cnta mlo various a~ls or arrangements wath d\ approved des1gncc:s, agents or authonz.cd vendon (coUecbvely, "AgenlSj and access to the Prmuses grarucd by Owner ptirsuant to this Secuon win cxlcnd to such Agents Owner Wlll cause its designated rqwesencauves to accompany employees or Agents of Company into any ,moccup1cd rcsldcntu,i1 unit for the purpoK of 'Mnng such rcS1dcnl1al untt. if :wc::h wmng JS required After the Prcrrnsa taave becJI wired for the provismn of Services, Owner Mil provide O>mpmy's emplo~ .w,d Agenl"i i!CCCM to the Pn:nuSb at reasonable ll~ for-1hc cxereise of its nghts hcuundct In lddinon to the other nghts granted by Owner hereunder, upon terminahon of this Agreemtn~ Owner hereby gr>n!S, barp,n> and """"Y' to ~Y lhc nglil to emer lhe Premises ,n order 10 remove lhc &ju,pm<nl from the Premises ,r Company so &:sues Thu. nghl of aa:css to lhc Prtnuses ts m addluon to any ea.,emcnt granccd by Owner ro Company by sepan!lc agroemen, enbllod. ··Ag,e<men1 for Gnni of liascmcnl." of equal dae hercwnh In !ht evtnt Owner gnmts on ea.iement to Co.opaay and Company nards sud euemtnt,. Ctmpany. :11 Ow11tr's written request, and subjtd to tb n&hb undrr Section 5 ol. aid Agreement tor Gnal ot Easement •ueu to esdnplsb a.I osmnmt from bde pnor to c1Mt ol 11ny f\lture saJc d the Franises, and wUl e1ccule and ncwd any and all inslr'ummts to effectuate sarM. Owner airees to provi,dt lo Company I mlnlnvm of nty (60) d1J1' no11 ... of p<ndl"' alt -1- en = = = = "' - 2 TYPE or ACCOUM'; PROVISJONOFSERVICF,S Company 'WIU prov>de the Scrv>ecs to the Pttnuses as follows (Cbeck ant) , - ~ lndmdual Rale Account Company, or the Agcols, will martd and contntct wtth 1nd1vtdual ~tdcnb of Ute Prenuses for all Servtce, and all arrangemcoo: for connecting, scrvmg and lnllmg re.1:1dents of the Prcnnses ror the Servaas will be made dmctly-. Comp,rty and such ..,,dents D Bulk Ra1c Accowu Company wall markel and contract wnh the Owner for ccn.un ot the Sen'1co 1n ~ with a Bulk Raae Addcnd~m to be signed by Corq:,any and Owner Company, or the: Agents, will market and contract wtth 1nclJY1dual residents of the Pnmuses for all other Scrv,ce., and all arrangements l'or coru,e.ct,ng, SCf"Ylng and billing residents of the Prc:m1ses for such other Services wtU be made ducaly between Company or 1hc Agents, and such n5idents The Semces wdl 1mbally be proVKkd as sel fodh abowe DuMg the term of thrs ~I. the method of btlhng m.iy be changed ~. from a bulk rate to M 1m:bVJd!Jal raie account and vice versa) wtthoot 1n any way affrt.bng the vnhd1ty ol this A.gr=nent 3 CYTIIRR S)'S'n;MS COftlllllAy and Owner undentand that tlNs is a nen-tzclUSIYe Aircemmt Suh.1ed to Qw.r•s obbpbons under Secti• 7 laereund,r. Owner shall rtlaln tm opbon to rendff RnittS '"th other mulbch.mnd ylllffl _...,.c11s1n11utonand Ill)' odtu-llDd Ul!ormation,.rrices 4 nBM This Agmement Will be. cff'«tlvc on the date hereof and connnuc for a pcnod ol J 5 years (the "lmt1ol Term'") Mid will automabcally renew for succemvc ltnns of s.1x (6) monlhs(s) (each a ''Renewal Tam"). unless cathcr party gJ'ves the other wntkn nobce at leua SI~ mon1bs pnor lo the end of Ille lmt,al Term, or thcn-effectsvc Renewal Term The lmtaal Term shaU rip1re ooM.o""__ll_ ,2015. 5 DAMAGE TO THE PREMISES OR EQUIPMl!lfi; INDEMNmCA.TION; SU11VIVAI. (a) Company wtll rq,a1r any damage to lhe Prcnuscs caused by Company, 11s employ~. Agents, or lllr equipment, normal wear and tear excepted Company will nst~ the PrtmtSU to the cond1bon nnmed,ately pn,:ed1n1 the 1ncuM1l of da~ Company Wtll hold harmless and mdcmrufy Owner from and aga1ns1 any and all losses or damages (mcludmg reasonable attorneys' fees) resultmc from Company's or the A.gents' 1nstallabon, mamlcnancc. setYu, removal or opera11on ot the Equipment or any ocher equipment of the Agents, excepi: loss or damage anstng from any negligent or mtcnuonal aa or omus1on of Owner ot rtJ agents 01 emplO)'CCI (b) Owner WIii repau any damage to the Equ1pmcr1, caused by Owner, us agents, or employees Owner wdl hold bumlcss and 1adcmmfy Company from and against any and all losses Of damages (inc;Judmg reasonable attorneys' fees) ansmg from or with respect to (a) any ncghgcnl or antentsonai act or orms11on of Owner or 11S agenU or employee). or {b) any claim, demand, legal procec:dmg or snnllar achoo mstJt11tcd by any person or cntJ.ly prov1dmg muJu-dlanlld video programnung or other services similar m natun: to the Services provided IO the Prem,,scs as or or poor IO the date of this Agr=mcn1, or 111 successor or assign {c) Tbe nghls and obhgatt0m, set forth m this Sccuon j (lndcmnrf1cabon for evcn1,: ou.umng dunng the term or 1he Agreement) and 1he 5CCOnd lo 1.ast scntenu of Secuon I (pennanmg lffllOval of F.qu1pment) wdl survive tcmnnatmn of this Agreement 6 INSURANCE Company will maintain St,.t)OO,ODO combined angle lunit or habwty ror personal 1DJutJ (nldudlng bodily Injury andfor death). daaagie to the property or othen and comprthemin automobile babibty lnsuranct, mdudm1 all ow-., lured aDd .-..o,.,.ned eqwpme.at proridJq 51nd,e llmrt COferl'ge ot nol Jess than SJ,H0,"'10 per acddt:nl or IUQ. blgbrr limits as Owner 11111 reuomb)y request to 1CtOUDt ror hlflallon ovu bme 1 EQUIPMJNT Company may tnm.11, mamwn. service, operate and upgrade on the Prc:nuscs coa,ual cable and/o.- fiber optic line. internal wanng. ampbften, ronve=rtm and other equ1pmen1 necessa.-y for the provmon or the Serv1Les ("Equ1p111C11lj The ~npmenc will at all umcs be owned by, arid mnain the property or, Company. whethu or n01 ac1ached to or mcorporated m the Prcnuscs, and Mlther Owoc. nor any ff:Sldcnt of the Pn:.ma.ses will ban or obla.1n any ngh1, l1tle or tnlcrtst thercm The Equipment docs no1 constitute a fix.lure o( the Prcrmses Owner wlil not. and Wlll nol pcrm11 any t~1,d party to, attach to or use many manner the E'.qwptnmt or any pon1on !hereof Owner will have no obhgataoD to service or maintain the Equ1pmcn1 Company wall have the nghl to use Owner's telccommumcalmns equipment or wtnng on lhc Prcllllses for dehvery ·2- 0, = c:, = = "" •• -- or 1hc: Scrn~ 10 Jona a.s !Uth 1l$e does nol 1atufere-wllh the use ol lbe telecommurucahons equipment or wirin& on the Pnmlses Upon Owner's approval or Company's locaboa of lls Eqwpment on the Prem:sa, wfuc:h such approval shaJI not be unnasooably wlthhrld nor delayed.9 Owner shall provide W1tJ10ut charge reasonab1e space and elec1rn:11y for the Equ1pmcn1 8 HOME RUN WIRING· To lhe cxcent federal law rcq111res Company to provide m 1h1s Agreanent for the d1spos1t1on of 11.S home run w,nng upon 1enruna1ton of 1he Agreement, Comp81Jy has the nght to sell to Owner and Owntr bas the nghl to purdmt, the home run winng on the Pn:m1ses a1 the fau madet value for che full replacement cost of such wmng, mcludmg labor and mslallallon cosl!i To dtc extent apphcable.. Owner wllJ be rcsponS1blc for applicable sales or 01hcr srrmlar t.UC!> unposed by a govemmt:nlal ct1tlly or agency relattng 10 the purchase of the home run wmng IC Owner fails to purchase wch wmng. m 1U sole d1Krellon, the Company may abandon the wmng m place. or shall be pcrrmtted to continue 10 mamtam 1hc wmng.on.the PremJses • .and shall have no rurther obllga11on to Owner (however, Company reserves all other nghts ond remcdu:"' relabng to Owner's failure to purchase pursuant to lhu Seeaon 8) Fot !he sole purpose of this Section 8, the phrase .. home run wmng" shall mean only the wmng ffom the poml at wtuch the W1Mg becomes ded1caled lo an 1nd1V1dual umt on the Prcmm:.s lo the cable dcman:atlon potnl Ill or aboul lwdve (12) inches outside that unit "Home run wmng" shall not be deemed to mc:lude merS or active devices. such as amphlicrs Notwilhstand1ng anything 10 the c.ontrary hercm, Company intends to recam ownership of the MULTIPLE DWEUJNG UNIT Lock Box, wtud1 may be mnoved by Company. or ,;old to Owner ,n the Company's .sole duatbon by a separately 51gncd agreement 9 FORCE MA nruRR Ne1thcr part)' wdl be dttmcd to be ID b~h or this Agrccmcnl If II 11 unable IO perlorm lh obl!ganons hereunder as a re5uh of loss of 11.S lcg111l aulhonty to proVlde semce,: to 1hc Premises. railure or equ1pmen1 or facihlles, the occurrence or an event of "force maJCUre." or~ causes beyond such pan:y's reasonable ab1hty to control IO TERMINATION Thts Agree:men1 may be tcrmmalcd pnor 10 exp1rahon of 11s term (a) by e1ther party on 30 days· wnttcn nooct, 1n lhe event of ma1cnal breach of this Agreement, unless the Olba" party cures or commences 10 cure such breach dunne such 30-day pen,od and dtl1gcn1ly proettds wilh such cure. or (b) by Company upon a1 least 60 days' wntten nobce if Company 1s unable to COllUnue d1stnbutJoa of 1hc Scrvaccs due to any law, rule, regu}auon, Judgment, col\lracl wtth 1h1rd party or other rtason beyond the reasonable icontrol or Company In no tvenl wlll either pany be hable lo lhe olher for mc1dcn1al or conscquenhal damages Upon lemunat1on or this Apmcnt. ~y .shall have an addmonal ninety (90) days 10 remove. tran1fcr or sell part or all of the Syslcm, rn 11s sole chscm.1on In the event Owner-graols an eMC:ment to Company and C,ompany reconb saad euemtDtp Company, at Ownu's wntto nquest, acn:es to obngwsh S11d taSC!mrnt from ti tit pnor IO dose .r any ruture sale or 1hr Pmuists, and will uttute and recard m, and all 1mtruments to dtfl:tuatl' samr Owntr agrm lo proYide lo Company a mlrunmm or Ddy (60) days' noda oC,-llng sale lJ -LEGAL STATIJS 1l11s Agreement does not create any agency, cmp.Joymc.nt, JOmt employer, J01nt VCMure or partnenlup bclwcen Company and Owna Neither pany will have the nght, power or authooty to act tor the other m any manner 12 ENGINEF.RING REVIEW Acuva11on and tnSWlatton of tht Sc:rv1cc~ arc: -wb,ect 10 c:ngmeenng review by Compay, mclochng 1estmg or equipment or facd111es nOI provided by Company ff Company determines that activauon or 1hc Serv1cu will result 1n unantsc1patcd expcnsc:s or that cx1wng cqu1pmcn1 is dcfictcnl. Company w1II have 1ne nght to 1crmanate this Agreemtnl upon wn11en notu::e 10 Owner Upon such aerm.nauon, Company wdl refund to Owrw:r any amoun1s prepaid hereunder ID acwrdance wnh Company'.s rerund poh_c1cs 13 LEGAL ACTIONS. Jr legal acbon u nttrmry to enfon:e anr provision o! thiJ Apttmmt oc any agrttlhl'nl rdatmc htttto. the pruailinc part)' in sucll action will be mnlkd to ffCCver 1t1 costs and upenses oC such adton, mdudm:g: naaonable allorm)'51 tea. 14 AUTHORIZATIONS Owner represenis and wamnts 1hat he/she 1.1 the rec;ord holder or rec 111le to the Pmmses The pc:rson sigmng on behalf of lhc Owner repre$alls thal he/she II lbe Owner of the Prcrruscs or lhe auU,onzed agenl or Owner, with lull authonty to bmd Owner lo the terms and conditions of lhu Agn::cmen1 Tlus Agreement will not be: bmdmg upon Compan:,i u11ul SJgocd by u, a:i1honud representative of Company 15 NO[JCES Any nollccs pursuant to dus Agrc:cmcn! will be vahdly given or served 1r m wntmg dehvetui pet'.>Onally or scut. postage prepwd, etthcr by U S first class rnaa[ or cclecopy. to the addrwes sci fonh 1n lh1s. AJrccmcnt, or to such other addreMe$ as either party may designate to the other m wnhng Debvc:ry of any nouce will be deemed to be effective (1) five da~ after ma1hng:, for first c:lass US mail or (u) on the telccopy iconfirmabon date, for te1ccopy or (111) on the date delivered for personal delivery 16 MISCELLANEOUS PROVISIONS Thu Agreemenl supcrsede:s. any ancJ all other aa.css .tgrecrnc:nts, etlher oral or ·3- u, ""' t.n = = = en 0 = = = "" , -- wnuen, between the pa,t,:cs herelo, other than any grant of ca.scmenl entered 1nlo by the pan1c.s concurrencly with Ous Agretrnenl This Agreement (and any such gr.ant of euemmt) contams lhc enme agreement between Owner and Company and may not be amended ClCCpl by an agreement in wntmr signed by lhe parucs Whenever possible. each prov1ston or this Agreement W1IJ be m1erprcted m such a manner as to be cff'cct1vc and vahd under apphcable law, but it any proviS1on or thrs Agreement wsll be proh1b1tcd by or 1nval1d tinder apphcable law, such provmon wdt be mcflecuve only to chc e:r.tcflt of such proh1b1t10n or mvaJ1d1ty. without invahda1ing lhc remainder of Sllch provmon or the remun1ng provu1ons of tb1s Agrc:emetll It II undentood that tlus acnemeat wUJ supersede all other recorded senrc::e ap-et:mmts. 'l1ds Agnemr.nt shall no1 provide any person Doi a party to this Acn:mmtt mlh any nmedy,dalm, Uability_ rtimbwwnxnt, comn1ssioa, cause of action or other nght 17 SURVIVAL The temunauon Of CJIP,rallon of this Agrccmcnl will 001 nnp,,1r cuber pany's lhen accrutrJ nght~. obhgar.aons or rcmecbt! The tenn.sand condn.ions of sections I, S, 1, 8, 11, 12. IS. 18. and 19 herein Jhall survive exp1ratmn or mmmation of this Agreement aot to es end a mu..imum penod of 6 (sh} mouths J 8 ADDENDA The parties may execute cenam Addenda, tncludmg but not Jmuled to a Pre-Wire tnstallat10n Addendum. a Bulk Rate Addendum and/or a Cllitomcr Equ1pmen1 Recovery Addendum Upon execuuon, any such Addenda Wl11 ba:ome a part of this Agreement THE PAR111!S HAVE: !:XEClTJcl)TIIIS AGREEMENT BY 1lfEIR DULY AtmlORIZED REPRESENTATIVES OWNER/AUTHORIZED AGENr. KING COUNTY HOUSING AUTHORITY By 4 Sognat,{,r Sumbcn J Nmmao Pnnt Name lli.. &ecunve Director (Totle) Match JI, 2000 Date COMPANY: TCI CABLEVISION OF WASHINGTON, INC ~ ..,.., $6 ""~ 0,:1.te .4. u, CV> "' = = = •• -· - BSG-NW · MULTIPLE DWEU.!NG UNITSA AJI Scrv1m 9n7/99 NOTARIZATION OF OWNER/AUTHORIZED AGENT SIGNATURE STATEOF Washmgton ) ) ss COUNTY OF_~K""m.,g ___ ) On !his 1!. day of March, 2000 , before me, a Notary Pubhc m and for !he State of Washmglon, personally appeared Stephen J Nonnan as Execu11ve Director to me known to be the mdmdual descnbed m and who executed the w1thm and foregoing mstrument. and acknowledged the he'she signed the same as his/her free and voluntary act and deed for the uses and purposes therem mentioned IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and year firsl above wntten 'd er l lhs My Comm1ss10n Expires (, Ii h J Notary Pubhc .... -5- a, = = = C "' -- STATE OF Washington ss COUNTY OF~Kli!!Jn,,.g ______ .J On this 1 o day of July. 2000, before me, a Notary Public in and for the state of Washmgton, personally appeared Munel Ryan, Authorized Agent to me known to be the mdMdual descnbed m and who executed the within and foregoing instrument, and ac::knowtedged the he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein rnenboned IN WITNESS VVHEREOF, I have hereunto set my hand and offiaal seal the day and year first above wntten ~#tio., B Ci)~ N ry: ublic 25"' January 2004 en = c::, c:,, =· c-., •• - EXHIBIT A To - Broadband Rigllt of Entry Agreement Dated March ..J!.., 2000 belween TCI CABLEVISION OF WASHINGTON, INC. and KING COUNTY HOUSING AUTHORITY · MetroScan Full Legal APN:312305 9010 STR 322305 TAXI.OT 20 SE 1/4 OF NW 1/4 LESS E 430 f'1' OF se 1/4 OF SE 1/4 OF NW l/4 LY NLY OF S 210 FT LESS POR LY ~y OF FOLG LINE: BEGIN SE CORNER OF NW l/( TH S 89-26-37 W (0.02 Fl" TO WESTERLY RlGHT OF WAY FOR STATE ROUTE 515 TH N 01-26-10 E 210.13 Fl" TO POB OF SAID LINE TO S LINE OF N 269.(1 Fl" OF S 479.41 Fl" OF SAID NW l/4 TH S 89-44-31 W 93.88 FT TH S 65-51-56 W 51.22 FT TH S 89-26-37 W 80 FT TH S 49-38-17 W S4.6? FT TH S 26-50-38 W 56.39 FT TH S 89-26-37 W 20 Fl" TH S 01-26-10 W 105 FT TO SOUTH LINE OF NW 1/4 AND TERM OF SA!D LINE LESS CO ROADS TGW S 400 FT OF NE 1/4 OF Nlf 1/4 LY WLY OF STATE HWY LESS N 37 FT OF W 380 FT OF E 395'!"1" TGW N 673.90 FT OF S 1010.85 FT OF E 85 FT OF 1111 I/4 OF 1111 1/4 LESS CO ROAD LESS C , H RIGHTS TGW BEG SE CORNER OF 1111 l/4 TH S 89-26-37 W 40.0Z FT TO WLY RIGHT OF WAY FOR STATE ROUTE 515 TH N 01-26-10 E 210.13 FT To S LINE OF N 269.(1 !"I' OF S 479c41 FT OF SAID Nlf 1/4 TH S 89-H-31 W 93,88 FT TH S 65-51-56 W 51.22 FT TH S 89-26-37 N 80 FT TH S 49-38-17 N St.67 FT TH S 26-50-38 W 56.39 FT TH S 89-26-37 W 20 FT TH S 01-26-10 W 105 FT TO SOVTII LINE OF NW 1/4 TH S 89-26-37 H 792.19 FT TO POB TH S 01-20-07 W 176.50 FT TH S 89-26-35 N 176.50 FT TO EAST LINE OF WON& FOOT OF NE 1/4 OF SW 1/4 TH N 01-20-07 ~TOW HGN OF N~ 1/4 or SW 1/4 TH ELY ALONG SAID N MGN TO pOB --AHA LOT A or K C BOl/lfDARY LINE l\DJ APPLICATION NO s 92L0098 APPROVED JUNE 26, 1992 A-I en = = 0 0 <'a - Attn: Pam OldenKamp TCI Cablevision of Washington, Inc. 4020 Auburn Way N Auburn, WA 98002 (253) 288-7468 - lntr.u'lc1 Rev 9-1 S-99 AGREEMENT FOR GRANT OF EASEMENT Name -City, Stale:, Zip Contact Person Telephone Fax Property Owntr K,"I Cavnty H._ Aulhm,ly l54SS-6S0 A .. s ScMtle,WA98178 AssCI Manage, (206) 244-nso ~exName -C,ty,Slale.Zlp Contact PalOo Telephone Fax 164 Un,L, V-Glen 18IOOI07"P1SE ReTioon. WA 980SS DSG-NW-GOE All SavJCa 9'2'JJ99 THIS AGREEMENT ,Ag,:cemcno'1 dated as of Man:h .lL 2000,. made and .,.e,ec1 uno by and-., TC! Cable,,.,oo of Washington, Inc.. cm behalf or itself and any cntlly oonlmJhng. controlled by or under common conlrol Mlh AT&T Corp (hemnafter m the aggrq:ale referred lo u ''AT&.t}, and 1CJDa: County Hotmng Aulllonty ("'Owna'"), whu:h owns or has control overccrtam real estale and unprovements cmnrmnly known u the Vuta&e Gltn locakld 18100 J(f/• Pl SE. Renton, WA 9801S Alld legally descnbed on Exhibit A (''Prcllllscsj, conS1sbng or 164 uruts plus any umu added or con.structed m the fu1wc In Q,Jarta NW~ Sect.ion 32, Township 23N, Range HE. Parcel or Tu; Accoum Number(s) J2l30S 9820 A legal descnpoon oflhe Pmmsa 1s attached hcrcco as E:dnbtt A Owner and AT&T desire lo provuJc for AT&Ts acccsa: to I.he PrermSCI in order to mslaJl 1he equipment, on the tenns and conditions pro\lldcd herem, ntC"e.ssary to proY:lde vanous scrvn;es ("Services .. ) to the rendents of the Prcm1SC3 Such Serv1t.a shall ,nclude, but not be hmned to, local. 1otraLATA toll (or local toll), Jong distance, high-speed da11. v1dcolcabJe telcvt?o1on (prov1dcd pursuant to any applicable agm:meou speaficaJly rclahng 10 such Vldeokable telev1s:1on setv1~) ud other lawful sef\'tccs upon Owner's consenl and apphca1mns that AT&:T may pro'ltde now or m 1he future l'nnisioning: of Serncts will be in attordantc wlth all applicable FCC regulabOAS. Therefore, m cons1dcra11on or the mutual covenan1s made by the parties hereto, and of other good and valuable conS1dcrat1on, lhe rccapt and suffiacncy or which are bercby acknowledged, the panics hereto, 1n1end1ng to be legaJly bound, agree as follows GRANT Of F.ASPJFNf AND RJGl[l'S For good and valuabk: corwdcranon. the rccctpt and sufficiency ol wh11..h •~ hereby acknowledged, Ownu hereby grants and conveys IO AT&T, 11s successors and assigns. a non-«clPSlvc Easement (subject to Paragraph S below) on, over, under, v.,r.tun, and through the Premises u M.CC$S.W)' or dcslrable for the roucmg. mstalla11on, ma1n1enance, sen"!~ and Dperabon of the Equipment (as hcreanafict defined), and the marketing and proYlS10n of the Semces, together wi.th nghts of ingress and egress on and over the Prerruses as. nccesw:y for the use and cnJoymcnt or 1hc Easement hcrem granlcd Owner agnxs that AT&T may from time IO amc emer into vanows agreements or anangemenu wttll 1ts approved dcs1gncc .. , -1- -- lntr:inet Rev 9-l 'i-99 BSG-NW -GOE All Seo1ie:cs 9/2'2199 agenlS or aulhonzed vendon (collcct1vcly, "Agents") and acceS$ lo lhe Prem11es gr.anted by Owner pursuan1 lo lhas Scc11on will c:ttcnd to such Agents After the Equipment tw been rnslallcd for the provas,on of Services, Owner wall provide AT&T's cmplo)'«S and AgenlS access to necessary portions of the Prcsruscs upon reasonable notice to perform 1nstalia1..1on and rrwntcnancc funcuons In the event of an outage or other emergency, Owner WJII provade accc.u 10 necessary pod.lOllll of the Prerruses twenty-four (24) hours a day, 5Cven rT) days a week. so lhat AT&T may perform cmergtncy rcpatts AT&T will be allowed at.Ce$$ lo a residential uDlt by Owner only WJth the poor consem or the ~ In add1t1on to the other nghts J1ilRlCd by Owner hcmlnder, upon termlnallon of this Agn,cmcnt,. Owner hem>y grantS Co AT&T I.he nght to cnler the Premises m onlEr lo rmiove the Equipment from the Prem~ 1f AT&:Tso desires 2 IEBM This Agrecm1mt wtll be e/TectJve on the dale hereot and wlll continue for so long as AT&T may lawfully provtde the Sl7\'IC%S., nol to exceed fifteen (15) yean (the .. lmtial Tenn") and wilt aulQmatlcally re.new for SlJCCCMl\'C krms of 6 mo111hs) (each a "'Renewal Term;, unless etlhc:r party gl\u the other wnuen notice al least SIX months pnor to the end of lhe lmt1al Term ot thm-dl'c::trvc Renewal Term The Easement hereby granted. and the coYenanls and agreemcn1s provJCled herem, shall run with the land and the burden upon lhe appbcable ~nuses shall bmd Owner, and each and e,..cry subsequent owner, thereof for the Tenn of the Easement Thu lrutlal Tmn shall e:apare on Mtrdl _JJ_, 2815 J OWNER'S PREMJSES: JNDEMN!FJCATION {a) AT&T will n:paar al its expense any damage to lhe PreJmses IO the cxtenl caused by AT&T, ,ts employees, or the Agents Except as Qtherwisc SCI forth hcrcm. AT&T wall hold harmless and rndcmmry Owner from and agam.n an)' and all lO$iloC':. or damages (ineludmJ reasonable attorneys' fees) lo the C)ltfflt caused by AT&.Ts or 111 Agents' mstall.a11on, mamlenance. '(:rvtC.C. removal or operation of the Equipment. except to lhe exlcnt of 1cm or damage :wising from any ncgltgent or m1ennonal act QJ onuS11on of Owner or 1l5 agents or employees,. or any lhmi party C> (b) AT&T, a, Owner's reasonable expense, will rcpatr any damage 10 the Equ1pmcn1 caused by Own«, its agen1s, or employers Except as CMherwise set fonh hcre:in, OwMS will hold harmless and 1ndemn1fy AT&T, its agents and employees, from and agamst any and all losses or damages {1ncluc:hng tt.a&OnabJe attorneys' fc:cs) ans1ng from or with respect: to any blCXh of lhl'ti. en Easemcnl or any ncgh,gcnt or mtcrmonal ac1 01 omasion of Owner or 1ts agenls or employees c::, = = = ""' 4 EOUJPMENT AT&.T shall haYe the nght to consuuc:L 1ns1all. own. mamtaln, use, opera(e, upgrac:lc. repair, rc:plOK.c and remove such cabhnJ, wmnJ, power suppl,cs,. nscrs, conduit. molding. ndwork equipment. fae1hllcs and componcn~ assoaated therewith. and other equipment or facd111cs ~ for the proV1S1on of lhe Sav1cc:s (''Equ,pmcnt") Owner will have no obligation 10 scmee or mai.nwn the Equipment No Equipment installed by AT&T shall constitute a fixrure of 1hc Premises, but will at aU tunes be owned by, and rcrna.m the property of AT&T, whether or DOt anachcd to or ,ncorporatcd in the PrcmJu:s All such Equipment shall remam .subJ«t lO AT&.T"s exclusive mana1ernent and control, arMI unless otherwase required by law, neitllcr Owner nor any resident of 1hc Prenu.scs will have orob1am any nghl. tulc or m~ lhcrem Owner will not, and wdl nor pcmul any third party to, disturb, alttt, move. auach to or us.e in any manner the Equipment or any poruon thereof Owner Wlln'ants thal It has nol granted and shall not grant to an)I other person or cnbty any casements or nghts which LOO!d malcnally and adversely mtcdcre wilh AT&Ts use and operalion of the Equipment AT&T wdl ha"'e the nght to use. 1111d Owner agrees to asstst AT&T .m locating and acccssmg, the telcphonc/equtpmcnt room(s) and any already ex1st111g and 1va1lablc facahbcs, d1stnbut:ion and msadc winng, n5CI" and oondu111pacc and any nghts of way, WJthtn and mto the Premises, for dch..,.ery or the Scrvices AT&.T shall have the nghl to '°°-'lrUCI, whcff n~ and al w sole cost. any add1t10nal d1stnbution, mer and conduit fac1h11es Owner .shall provide withoul charge adcguale space and e1cdnc1ly for the Equipment Notw1thstandmg tbl! foreiotnc, prvY1.S10runc SffYJCel 1n the r..tul"t' that require ote551Yf U5e' of addlhonal space er ullhty tx~nse to homt!: or power Equipment 5hall Onl requ1n wriUen constat ol the Owner~ whkh mn.wnt abaU not be Ullf'USOll8hly withheld nor delayed. s SUCCESSORS: TO BOTH PARTIES The benefits and obhgauons or this Agrccmcnt w111 mun: to arLd be binding upon the .successors. assigns, hem, and penonaJ rcprcsenta11ves of AT&T and Owner dunng the Term hcrcor Owner shall make the assumpoon of tins Agttcmcnt a cond1tton of any sale. transfer or BSSJgnmcnt of the Prerruses Notw1tlutand1ng; the, lortzom&:, owner JbaJJ han the rieh,t to tfflldnate this ustmtDt upon transltr of owntrdup 6 IIRMINATIQN Tius Agreement may be 1ammata1 pnor to cxptrauon or ns term (a) by enher pany 1n 1hc evern ol matenal breach of thu Agn:ic:ment after 30 days' wntccn no11ce, unless the other party cures or commences 10 cure sue~ breach dunng such 30-day pcnod and d1hgently proceeds Wlth such cure, or(b) by AT&T upon at least 60 days· wnnen notace 1t AT&T u unable IO conbmac dulnbulton of any one or mo!'!! of the ScMccs due to any law, rule, regulation. Judgment, contract with third party or other reason beyond the rcmonablc control Qf AT&T Notwlthstandin& any olher ptOYisloo or Ibis Agreement, -2- a, = = = = "" - lntraner Rev 9-15-99 BSQ.NW • GOE AH ScrvJttS 91?.'1199 m oo eYent w1l1 etther party k hable to the otheT ror 1nadtotal or censtquenbal damaga Upon 1ermmat1on o! tlus Agrttmenl, AT&T shall have an1dd:ibon.al ntnet)'(YO) days tomnovc:, 1nnsferor ~I pan otall of the Equipment. 1n its sole d1scmton 1 AUTHOIUZATIQNS The penon s1gmng on bc:ha1£ of Owner represents that he/she is the owner of lhc Prcnnscs or the authonzed agent of the Owner, with fuJl aulhonty IO bind Owner to lhe terms and cond1t1oru: of this Agrttment Owner represents and wananu lhal he/she: has ROI entered into any aclusrve agreements ror 1hc: pl'OYlsaon of Scniices Wllh any person or cnu1y an regard lo lhe Prerruscs Thu Agreement wtll not be banding upon AT&T until Signed by an authonz.ed reprac:ntauve or AT&T OWNER/AUTIIORIZED AGENT: KING COUNTY HOUSING Al1l'HORITY Stephen J Noonan Pnnt Name Its _..,Ex...,,e0ccu,ete;1v"'e'-'D"'1"-'=i,,,.,o,.r ______ _ (Title) March 31, 2000 Date AT&T TC! CABLEVISION OF WASHINGTON, INC. ~f {11,At;~ 1-(o~fV Muncl Ryan, p;uthonzed Agent Date NOTARIZATION OF OWNER/AUTHORJZED AGENT SIGNATURE STATEOF WASHINGTON } } ss COUNTY OF KING ) On this -11_ day of March, 2000, before me, a Notary Public ,n and for the State of Washington, personally appeared Stephen J Nonnan as Execµllve Director to me known to be the md1v1dual descnbed m and who executed the within and foregoing instrument, and acknowledged the he/she signed the same as hts/her free and voluntary act and deed for the uses and purposes therein menuoned IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and year fm;t above wntten My Comnuss1on Expues __,,...._/_,9C-L.h...co=-J- Notary Pubhc -3- ... a, = 0 = = "" -- STATE OF Washington ss COUNTY OF ~Kmq"""" ______ ..., On this 10 day cf July. 2000, before me, a Notary Pubhc II and for the State of Washington, personally appeared Muriel Ryan. Authonzed Agent lo me known to be Ille 1/ldivldual descnbed in and who executed lhe Within end foregoing instrument, and aclu'laNledged the he/she signed Iha same as his/her free and voluntary act and deed for the uses and purposes therein menboned IN WITNESS WHEREOF, I have hereunto set my hand and offiaal seal the day and year first above wntten rB.cD~ Notary II My Commission Expires 25'" January 2004 ..... ,,,\ .. \''' -8 ..... --~~~P. . ""·O ·, --~"C"' .... ,,,t\11,, 0 f, f ~~---·· ~-..,, <::) ',, .,. ~ .... ~ , , ~ o; ~\~ i ~ ~ ; 1J1~ I : \ ~""'t,, t-2~ .... ..: If ,, --:, .""''' ......... -_,.# -- ,, ,,. 0, .,, ... ;!"~.-,,, ...... '\"'"'"''' a, c:, = = = "' llluw,c:1 Jlcv 9-IS-99' -- Exhibit A AGREEMENTFORGRANTOFEASEMENT BSG-NW-008 All -9n:JJ99 This Exh1b1t A IS attached to and made a part of that certain Agreement for Grant of Easement dated March 31 , 2000, by and between TCI Cablevision of Washington, Inc. ("AT&T"), and King County Housing Authority ("Owner") MetroScan Full Legal APN:322305 9020 STR 322305 Tl\XLOT 20 SE 1/4 OF N1I 1/4 LESS E 430 FT OF SE 1/4 OF SE 1/4 OF NW 1/4 LY NLY OF S 210 FT LESS POR LY ELY OF FOLG LINE BEGIN SE COMER OF Nll 1/4 TH S 89-26-31 W 40.02 FT TO WESTERLY RlGKT OF WAY FOR STATE ROUTE 515 TH N 01-26-10 E 210.13 FT TO POB OF SAID LINE TO S LINE OF N 269.41 FT OF S 479.41 FT OF SAID NW 1/4 TH S 89-44-31 W 93.88 FT TH S 65-51-56 W 51.22 FT TH S 89-26-37 W SO FT TH S 49-38-11 W 54.67 FT TH S 26-50-38 W 56.39 FT TH S 89-26-37 W 20 FT TH S 01-26-10 W 105 FT TO SOUTH LINE OF N1I 1/4 AND TEIU! OF SAID LINE LESS CO ROADS TGW S 400 FT OF IIE l/4 OF NW 1/4 LY IILY OF STATE HWY LESS N 37 FT OF W 380 FT OF E 395 FT TGW II 673.90 FT OF S 1010.85 FT or E 85 l:T or NW l/4 OF NW 1/4 LESS co ROAD LESS C • M RIGHTS TGW BEG SE CORNER OF NW 1/4 TH S 89-26-31 'II 40.02 FT TO WLY RIGHT OF IIAY FOR STATE ROUTE 515 TH N 01-26-10 E 210.13 FT TO S LINE OF N 269.41 FT OF S 479.41 FT OF SAID NW 1/4 TH S 89-44-31 W 93.88 FT TH S 65-51-56 'II 51.22 FT TH S 89-26-37 i SO FT TH S 49-38-17 'II 54.61 FT TH S 26-50-38 'II 56.39 FT TH S 89-26-37 W 20 FT TH S 01-26-10 II 105 FT TO SOUTH LINE OF NW 1/4 TH S 89-26-31 II 192.19 FT TO PO& TH S Ol-20-01 II 176.50 FT TH S 89-26-35 W 116,50 FT TO EI\ST LINE OF II ONE FOOT OF NE 1/4 OF SW 1/4 TH N 01-20-07 ETON MGN OF NE 1/4 OF SW 1/4 TH ELY ALONG SAXP N MGN TO POB --AKA LOT A OF K C BOUJIDAAY LINE ADJ APPLICATION NO S 92L00~8 APPROVED JUNE 26, 1992 A-I • •• -0 - • RECORDED AT THE REQUEST or AND APnllUCORDING RrrtlRN TO: Deborah s. W'mr Foota Pq,pcr .t Sbcfdman PLLC I II t Thud A-uc, #3400 Seanle, WA 98101 DEEDOf TRUST,ASSIGNMENT Of RENTS AND LEASES ANDSECURm' AGRDMENI' tjq.lf> (POOUDBONDPROGIIAM) ~· (j) IIEf • ' ~p<t Gnmtoc HOUSING AUTIIORITY OF THE COUNTY OF KING Additiooal....,..oapg.~ Onolee: NORWESTIIANKMINNl:SOTA,NATIONAL Asseoaor's T"' Pared ID#: Rcfe,ence # (IC applicable): -· ASSOCIATION CHICAGO TITLE INSURANCE COMPANY Additicnal """"° oo pg. NIA Portion of Harvey H. Jones Donalic,,, Land Claim in NW Quarter of Section 6, Township 21 Norlh, Rana• S East; Tnots A, B ...t C, Volume )8 of Plat,, Page 43; IAU I through 6, inclusive, Volume 81 of Plal:I, Pqe )); Portion of NW Quar1er of SW Quarter of Section 29, Towmhip 22 Nori.It, Range 5 Eut; Loe I, City of Auburn Short PIii No. SP-12-10, Rcamlecl wider Recording No. 8010080445; Loi 2, City of Auburn Shon Pl.II No. SP-14-78, R=rdcd Wider R,cord;og No. IOO!l2CJ0574; AU units, Volume 95 of Condominium,, Pqc 12; Potlion w ... Half of Seetioa )2, Towmhip 33 North, Range 5 East; -oo of Tnct S, Volume I I of Plab, f'IF 99 Official legal desaiplion oo Exhibit A allKhc:d. 000400-0014-00; 084100..0050-01; )27l)C).()(IIIJ.-04; 2'J22t)j.91)9~; 302105-9010.0); 30210S.9301,-0l; 915111.000S.OO; )22JOS.9020.07; 67447C).()(110.01 NIA ---•. 'l l t ;; ~ i ;a il ' i '! i " ii .. ---~ -0 -• TABLEOFCONTEN'JS ARTICI.Jl I TITI.E AND USE ...................... ·-·························-···············································J I.I WunntyofTnJ, ......................•.............................................•............................ 1 1.2 Non-As,icultum U1e ........................................................................................... 4 ARTICLE II GRANTOR'S COVENANTS, REPRESENTATIONS AND WARRANTIES ................................................................................................... 4 2. I Paym,m and Performance ofSc:<DRd Oblip1ions ............................................... 4 2.2 Trusr.rofTiil, ................................................................................................... 4 2.3 Prolec1iofl ofBOIIOr .. ;wy•s Sea,rily ..................................................................... 4 2.4 Reimbummeot oCBeadiciary'o ud Trust.,'• 6'penses ..................................... 5 2.5 Hazm-doul Sublllnccs.. ................................................................................. -...... 5 (•) No Litisation ........................................................ -................. -............... 6 (b) No E,astillg H-,.Jous Substances ........................................................... 6 (c) NoFutUR"-dousSub,tances ........................................................... 7 (d) C<,mpliancc Will> Enviro.......r Laws .................................................... 7 (•) Cleam,p ofPropa1y ................................................................................. 7 (0 Norific11ionof-ficillJ' ...................................................................... I (g) Maintenance of Prnpc:,!y; Insurance ......................................................... 8 ARTICI.Jl ID RESERVES ......................................................................................................... 8 3.1 O.posi1s ........................................................................ ·················· ..................... 8 3.2 Applicatioo ofDepoaits ...................................................................................... 9 3.3 Adjustmeau ,o llepo..,_ .................................................................................... 9 3.4 Conditional Waiver .............................................................................................. 9 ARTICI.Jl IV RESTRICTIONS ON TRANSFER OR ENCUMBRANCE ................................. 9 4.1 PlllbalRdcases .................................................................................................... 9 4.2 Restrictions on Transferor &annbnnco oflhc Property ................................... 10 ARTICLE V UNIFORM COMMERCIAL CODE SECUlllTY AGREEMENT ....................... 10 5.1 <Jr>nC IOl!entficiuy ........................................................................................... 10 5.2 Beneficiuy's Ri&hls and ll<mcdi" ................................................................. 10 ARTICLE VI ASSIGNMENT OF RENTS AND LEASES; LE/1SES OF PROPERTY; APPOINTh!ENf OF RECEIVER; BENEFICIAllY IN POSSESSION ............. 11 6.1 Assianment oflltnts ud Leues. ...................................................................... 11 6.2 Collection of Reals .......................................................................................... 11 6.3 Grantor's Rcprcscotatioosand Warranlies .......................................................... 12 6.4 Leases oftbe Property ................................................................................ 11 6.5 Bencfacizry in Pos.teUion.; i,ppointment ofR.tuiver. . ........ 12 66 ApplicationofR-........................... 13 6. 7 Defic.iencies. ......................... . .................................... 13 0 • "l ·--0 -• 6.8 e...ficiaryNocMortppia Poue.ion. ......................................................... 13 6.9 ~ ..................................................................................................... 13 ARTICLE VD l!VENTS OP DEPAULT .................................................................................. 14 7.1 l!vmtl oCDeliult ............................................................................................... 14 7.2 Form ofNDlice. ............... _ ................................................................................ 14 ARTICLE VID IU!Ml!DIES .................................................................................................... 14 I.I A<celenlion Upon DdaJlt; AddilioDII Remedia. ............................................. 14 8.2 Emciloof,-ors1Je. ................................................................................. lS 1.3 A,pliclliolloCS...Proceak ............................................................................ lS 1.4 Waiver ofOnlcr of Sale IDIIManhalling ........................................................... 16 8.S Non-Wlivs ofDmulta .................................................................. -................ 16 8.6 ~l>urinsllcdompdoaPaiod ................................................................. 16 1.7 Forecloam,SubjecetoTGIIIICies ....................................................................... 16 8.8 -., CWnulllive ..... -.. ,-......................................................................... 16 B.9 Baieficiary'1 llld Trulleo'1 &pon-................................................................ 16 ARTICLE IX Gl!NERAL ....................................................................................................... 17 9.1 A,ptiCllionofPaymau .................................................................................... 17 9.2 llocollve)'aace .................................................................................................... 17 9.3 Sw:coaorTnuteo .............................................................................................. 17 9.4 Baxficiary'1 Powm ................................................. _ ........................................ 17 9.S No VlOlllion ofUMJ Law, ............................................................................. 17 9.6 -Doa•-:P.,_.of"11«ney ......................................................... 18 9.7 Fort-anccbyBoodiciaryNot1Wliv« .......................................................... IB 9.8 lodmmily ................. -...................................................................................... 18 9. 9 Modifiatiom 111d w,;..,. ................................................................................ 18 910 Nolioo ................................................................................................................ 18 9.11 -· 1.n,; Sewnbility; Coptiono .............................................................. 19 9.12 Ddinilioos ......................................................................................................... 19 9.13 S-. llld ~ lklund; Joint ond Sevaal Liobilily; Agenll .................. 19 9.14 Number: Omder ............... -.............................................................................. 19 9.IS T ..................................................................................................................... 19 9.16 RoqumtforNolice ............................................................................................. 19 • 0 -~,-- 0 -• DEED OP TRUST, ASSIGNMENT OP RENTS AND LEASES AND SECIJRrJ'Y AGllEMENT (POOU:D BOND PROGRAM) TIIIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (this "Deed ofT!U51") i1 Pllde as of July I, 1998, by the Hou,ina Allthority of the Counly of King. a public body oorpon1e ond pclilic of the State of Washington, as Grant or iGrantor" or the "Aulhority"). who,,: JllliJing addrm is ll4ll 6l1h Avenue South, Seallle, Wa.m.ington 98188. The TNJtee is Cluc.qo Title Insuru.ce Company, whose mailing addrcs., is 701 Fifth AVCllUe, 1800 Colun,l,ia Cab:c, Seanle, Wubington 91104. The Beneficiary is Norweot Blllk Minnesota, NA, 11 uu,u,, for the Boods referred lo bdow iBeneficiary'') For l)ll1JJOXS of Article 9 of lhe Uniform Colnmen:ial Code (RCW 62A. 9) (the "UCC"), Gnncor is the Deblcr, Beneficiary is the S<cuRd Party aod Ibis Deed of TMI oonstilulcs a Financing Stalement. Granto, hereby mvocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS lo TruSlee, IN TRUST, WITH POWER Of SALE, all of Grantor's pre,ent aod fiilUre eswe, righ"- ("') title., daim, inlcrest and dun.and. eilhcr in law or in cquily, ot; in and lo lhc following property C'l (tho "Proper,y''): 'N ~, O (a) The ral prupmy and all rigb13 lo !be alleys, ..,.... and mads adjoining OJ ... abuttins the real property dacrib<d oo Exhibit "A" '"'died bento (the "Really"); .,, ~ (b) Al) buildinp. imp,ovemeats and lalemeats oow or hereafter looated on the '1) Realty; (c) All filllllres ud lllides of p,openy now or h<fealler allaehed to, or wed or adapted for U5C in the owncnhip, dcvdopmt.a.t. operation or maintenance of tbe buildings, improvements, and RQlty (wllell>cr JUdi items be owned ah!Ohrtely or subj«t to any litle-retaining or security iasarumcal,. or be othcrwi,c u!ICd or possessed, but excluding lr.a5Cd property lowed on lhe Really), including without limitation all huling, oooliog, air condilionin& ventilatiq. refngemin& plumbing. getltl'aling, power. lightiDB,. laundry, maintCIIIDCC,, incinmting. liftjng. demng, ru-e prevention aad eictiosuishin& security and access control, cooling. au. electric and communication fi:ttura, c,quiprueol and apparatus, all cngioet, ll10IOn, c:ondui11, pipe,, pumps, tanb, duCII, comprCS!Ors, boilen. -... beater, and fumacea, all r1D8"1, st"""", dilpoaaJs, rdrig.,.,... and olher appli-. all acalalor, and olev11on, baUu. ws, all cabineu. plllitioas. maotels, buih-in mi1tors. window shade,, blinds. screens, awnings, storm door,, wmdowa and sasbe,, all carpoti111, uodcrpadding. floor <OVeriJg paoeling and draperies, all fiimi,biog, of public ..,...,, haJJ1 and lobbies, and all shrubbery and plants; all of which items shall be doemed part or lhe ml property and not severable wholly or in part withou1 material injuiy to die ln:cbold; (d) All wmmenll, all acu,s, air and development rights, all minenlJ and oil, gas aod other hydrocarbon subllln<es, all royolties, all -.r. WIiier rights and water stock. and all -1· • ' '1C • 0 •• -0 -- other righlS, bmclilamenlS. privi~ pennilS, licenses, franchises and appurtenances now "" hawta belonging or in any way appe,18iniq lo die Realty; (c) All of the milS, -, issues, pn,fi15 and iJmne of Ille Property, and all righ!S, tille and inlmots of Onmtor in and lo all p,acnt 111d fiihn lcaseo llld olher og,ttment.1 1or the occupancy °'""' of all or any part of the ll<alty, and all riabl, title Ind -..i of Granto, themmder, incloding witho,. limilllion all caoh 01 sccurity dcpoalS, advu,,:c m,tal., and deposit., or payma,ts of similar natur<; SUBJECT, HOWEVEII, to the as,ignmcot of ,..,. and o«ba' property ID Beneficiary herein a>ntained; (I) All of Gn1111or's righlS, tide 111d .......,. ia all intm,giblc pmooaJ p,opcdy used or useful in awiection with lhe o..,,.,.l,ip, dcvclopmcnl, opcntioa ur maiolffllnce of the buildings, improvc:menlS and Realty, including without limilalion all property Dllfllltl•meot con1rlcl5, all pcrm11S, licc:rucs and fnmcliisa wilh rapec1 to tlle Property, die exclusive rig.bl to .,. of any lrllde names, all conb'ICI right, (indudina, but not limited lo, an:hitectural. '"p,oering and Dl1Jll18"1llCDt _,_.). all accounts rcui,able, leases and ttnlal ,a,ecmeolS, n<row llCCOUnlS, i"""1lllCC policies, deposits (incloding but mll limiled lo kMlll deposits), instnmeot.1, doc:umenl3 of ti1Je, ~ i-gibles and businm recools penaining to the buildings. impmw:meois and Realty w:Juding only <ash on haod aod in bw: ""'°""ts; (g) All of Grantor's ris)iu. tide and imaats in mall:rials, supplies and olhcr goods. colltdively referred to as ""nmeriaJs"' now owned or bc:R..ftc:r a:quirr.d,. whcreva-located, whether in the possession of Gnmtor or any ...,.J,ouseman et bAilcc, or any other person. pwchecd for me: in the construction or furnishing of impn,vemcats DA the Realty? but excluding IOU<d property iocalo:I on lhe Realty, logelher wilh any doelllllClllS covering such mal<rials. all t11111r>Ot rights and general in1angiblcs relating to such materials aod proceeds of such mal<rials. dol::wnents. contnltl rights and general inlan,:ibl=s; (h) All other ris},ts and priYilcges of every kind inch,ded within the Property, and all pimnt and fin,.. eonlnlcl5 and polioie, of iMnnce which mn the PlOperty or any pan thereof, real or perwnal (whether or DOI Beneficiary is a loss JIIYa: daco~ Bnd (i) All produclSand proceedJ ofllle foregoing propc,ty. TO SECURE nu, fOLLOWING (collectively 11u, -Secmod Oblip!ion,'1: (I) Payment of die principal of and pmniwn, if my, 11111 intm:st OIi die Authority's $32,9S5,000 Pooled Housing Refimdin1 R .... ue Bondi, Seri .. 1998A. and lllY other bonds (colle<tively, lhe Bollc!s) issued punuant lO the Master Trust ladeolln (Ille "Original Indenture") dated as of Scpianber I, 1998. and any indauur. bet-.. the Autllority and Benefioiary supplementin1 lhe Original Indenture as contcmpllled lhcleby (caoh a "Svpplemeolal Indenture" and tollectively with lhe Oria:inal Indenture, the "Indenture"); (2) The performance of lhc othrr covenants and q,u.ments of GranlOr contained in lhc lndcntwc and the other Bond DowmenlJ (a., dtfincd below); -2--·· • l .,,. ' • ) J e --0 • (3) Payment of all ...,, advanc:ed to pmled the securily of this ll<ed of Trust, together with iDI...., lhcnon u herein provided; (4) Payment of all OIiier IWIIO which .,. or which 111y bec;ome o,,;q under the ladenblre and die Olhet llond Docwnenh; and (SJ Perf'ormlnce of alt of Gmilor's other obligation, Ullder the lndeatwe and lbe Bond Document!. AJ u,ed herein, the term "Bond Doc:umenu" IIIOallS this Deed ofTIUSI, the lndcnlun, and MY other i'1SlrUlllellt or dowmcot (other than Ille Hawdous Subanca Asnon>eDI) seairins lhe Bonds or lllherwise c:seQJtaf in connection therewith, IDJdber with all IIIOdifocation,, ex.tensions, l'fflflWlls Md rephu:ements thereof. This Deed of Tndl lhaU be effec:tive, &om the date of its -.tin& u I finoncing slalernent filed u I tixturo tiling witb mpecl to all items of property described above 1h11 "" or ore ,c beeome fi-.s. Willi raped 10 IUch 1e<Uril}' inlerat ..-........_ BeneflCiary shall have 111 rigbts ond remedies provided for in lhis Deed ofTrust or otberwise 1vail1ble to Benetici,ry ud all rigbls ud remedies of I secured pony on defauk of, dmt..-under the UCC (wbetkr "' not lhe UCC applies to the alf«ted prope,I)). If Benefici,ry ,hall ,o "'I'"", Graator in the event of defiuk shall llllke such «>llatcnl available to llmdiciary II a place dcsipaled by Beneficiary that i, rea,oa1bly eonvenient to all partie:1. Granlor shall execute mch instrumenu and documents u Benefici,ry 6-om time IC time may rtqUin: to Mdenc:e fiulher or perfect any rights or security inleresu. GRANTOR HEIIEBY REPRESEN rs. w ARRANTS, COVENANTS AND AGRF.ES AS FOLLOWS: ARTICLE I TITLE AND USE l. I Wananty ollrtle. Grantor c:ovenanta tluol ~ i1 Ja,.,.lly l<iD:d of llle eslale berd,y conveyed and bu the risht to -~ convey and wlgn the· Pmpe,ty; 1h11 .., other lieu or .....,mbrances superior totbiJ Deed of Trust will be aated or a,lfered., be crated by Gmaor cklrine lhe life of this Dad ofTruot withoul lhe prior written -of~ary; and 1h11 Gnnlor will forever Wlll'alll and defcod tbe l'ropaly UIIIO lla>eti<i,ry apia,t ,U olaim, aod demands of any OIiier penon ""'"-"er. As to any """'8l,lel, deeds of tnul, real atatc conttuu or Dlber liens pmently ei<isti1111 or hereaftor pmnitted by lleodiciary to be recorded 1gaio11 the Propeny (the "Liens"), Gnntor apres,Jy wvenub and 18fees u follow,: -3- • ., '>S::' 0 -0 -• (1) Comp!.,. and nm,,t topit., of the agn:cmcnb relating to the Lie .. haw been or will be furnished to Beneficiary, ll1CI none or !hem ha been or will be modified in any w,y without Bencficiuy'1 prior written c:.oasenL (b) Grvttor ;, no< ...i lbalJ DOI be in default with re,pctt lo 1he Lieos and the 0111,t,ndioS balance of the Uea,, u set forth in agrtements relit.ins thereto delivered to Beneficiary, i, md shall be .....,.te. (c) Gna<m will lully comply with the terms ofall l@leemmts rel11ing lo the Liens and will deliva-a COP)' of Ill)' notice of default or notice of oon.-perfomiance with ra:ped lo those _,, 1o Beneficiary. (d) Seoeficiuy hu the rip110 c:oniact the bolder of !he Liens 1o ccofirm the ,caws of the agn:ernenb pallioins lo tlle u..., and GnullOr wil~ from time lo time, at the request of Beneficial}', request of tbo,e lieoholdus c:ertificatea Sl>ling lhat die .,_.,, perllining to the Liens ,re in lull l'c«e and effect and III uarnodified and that no llotiee of defauk !hereunder hu been ,""'1 on Grant0<, and specifying any defaults themlnder, if aoy. l .2 No11-A111iadtuQI U,c. GranlOr rep,....,, aod wunnts lo Beneficiary that tbe Property is not used principally fur~ or firming purpo,<s. ARTICLE II GRANTOR'S COVENANTS, REPRESENTATIONS AND WARRAJIITJES 2. J e,yrn,pr yd Ptrformance ofSes!Tffl QbljgAtioryl. Grutor will pay when due all ,ums which 111C now or which may ba;om.e owing under lhe Bond Dac::wnents. and wm pay and perform ,11 other Sean! Obligations. including all coveoanb contlined therein. in _,,,-danu with tbeir temli. 22 TrarufqofTitle. If the P10perty is sold punuant to lutide VIII or ifBendiciuy otherwise ocquiru title to the Property, Beneficiary shall have all of tbe rights, tillc and iotcraU of Gruitor in and to 111y insurance policies and unearned ptU1iunu thereon and in and to the proceeds re,ulting &om ,ny dan,age to lbe l'JOpertJI prior lo soch ,ale or ocqui,ilion. 2.3 ProtextKm of Beneficiary's Security. Granto, will give DOtice co Beodiciaty of ,nd will, 11 its ""?'.,., appear in and de1eud any action or ,xucecding that might aff'ecl the Property or title thefctoor tbe inleresbof-ficio,y or Trustee d,efeio orthe rights or remedies of Beneficiary or Trudee brnunder. If any suc:h aclioa or proceeding is corameneed or ir Beneficiary or Trustee lS Jn.ade a party to any tucb Id ion or proc.eeding by reuoa or this Deed of Trust. or ifGnnlor fails ID perform ony obliption on its pan IO be perfonned b......i.r, tbeo Beneficiary mi/or Trustee, each in iU own discretion. may D1akc any appean.occs. diablne any SUfflS. make any entries upon lhe Property and take any actions lhat may be net.:eSArJ or desirable to protect or enforce the aecurity of this Deed of TN,t, to rrmedy Grantor's failure to -4- • e -0 -• pafur,n its "'-5 (witbOUI, bowever, WliviDa aay defmdt by Grio1or) o, othtrwi,e 10 pn,1«1 Beneficiuy'o or Tnmee'1 il<aat,. Gnntor "8R<S ID P'Y all Jou, damage. c:oa11 and-. iooludins ........,le ollonle!S' fees, of Beneficiary aad T-thus incumd. This -wll oot be comcru.d 1o roquire llaloflciuy orTnmoo tD inaor any-. llllke uy appearance, or take uy &Ctiom.. 2.-1 BcimhmJcmsd ofBcocficiary's and Irmue"s Expengs. AU amouab disbuned by Be11<ficiary and r,,_ JIIIIIUIIII lo Sediun 2.J m any Olbct provision of Ibo s..un.t Obligations or thiJ Dood ofTIW! ro proUct tbo sa:urity provided bem>y, wilh inter..c them,., ohall be additional lndebloda,,s of Grantor l<Cllffil by tltis Deed of Trust All IUCh IDl<NDts wll be immedittdy duo and paysble aad ,hall bear intmll from lho date of di•bunommt II an iotaat rile of 8% per WAHi, or• lho llllllimum rate wliich may be coll«tcd from Grlnlor on such ll!IOUll1.I by lho poyoo lheroofllllder opplicable l1w il'thlt is less. 2.S Haprdqus Svtmencn Al used herein. tlwl 1erm "Environmental Law1" means Ill local, llale and federal In,, oolinancos, rea,,laliom, onlon aad repo,ted mte or fcdml court decloions lhenwidor rdllled .,, onviroiunental prolcclioa; Ille use, -_..ioo, r-, produwoo, tr--., emiuioo, dischug', remediation, remowl, .,;,posa1 or 17lmport of any O'J Huardou1 Substanu:; or any other en.vitoamental matter, inchading tu nDt limited to uy of the ~ following Olalul .. : 0 i (7) (•) Federal Roaource Consavation and Reoovay A<:t of 1976, u amended, 42 U.S.C. Sec1iom690l-6991k; (b) Fcdorll Cemprd,onsive Envir<mmaltal Re.,pomo, Compcmatu,a aad Liability Act of 19IO, u amended. 42 U S.C. Sections 9601-967S; (c) FcdmlCl.,.Air Act. 42 U.S.C. Seclions 7401-7642; (d) Fodorll llawdous M11erial Tran,portllion Control Ac1 of 1970, u amended, 49 U.S.C. Secliou llDl-1112; (•) Fodml Cleon Wuer Aa of 1m, u amended, 33 U.S.C. Seclions 12SI-IJ87; (I) Foderll llll«licid<, Fu119i<id', ucl llodadicid< Act, u IIIIOlded. 7 U.S.C. Seclions ll6-ll6y; (8) Fedeal Toxic S...,_ CoDlrol Act. IS U.S.C. Soctiom26Dl- 2671; (h) Fcdorlll Saro DrinkiJII Wllor ACI, 42 U.S.C. Sections JOOf.JOOi- 26; (i) WuJuasloo Wiler Pollutioo Cootrol Act. cblplor 90.48 RCW; .5. .• 'I 0 .. -0 -• 0) Washingtot1 Clean Air Ad, chap1..-70.94 RCW; (le) Washingtnn Solid Waste r.tanaaemenl Act, chapler 70. 9S RCW; 0) Wuhing1on Nuc!Hr Enagy and Radiation Act, chopter 70.91 RCW; (m) WuhinglOII RadK><Ctivc Was1, Storage and Transportation Act, chapta-70.99 RCW: (n) Washingtoa Hazardous Waste Di,po,al Act, chapter 70.JOS RCW; and (o) WashinglOIIModd ToKic,COOlrol Act, <liapta-70.IOSO RCW. The term "Hazardoll! Suhltaru:e" mean, any JUhstance or material defined or designated u hazardous or toxic waste; huardous or toxic material. 1 hazardous, toxic or radiOIClive subSWICe, or Oilier similar term, by any Enviroamcntol Law~ and aholl include any such substance or material as may htra.fter bec.ome defined or designaled u a bazardou, or toxic malcrial by any EnvirOAJIICIIW !Aws. (a) No LlOKNiPD, There is no cla.im, act~ !IUit, proceeding arlJitration, invcsliption or inquiry pending or. to the kflowledgc of Grantor, threatened against Grantor before any rederal. Slate. muaicipal, foreign or other court. or any governmutal, adm.iaillrllive or d-rqulatory body or •sa>CY, or any privaie arbiuation lril>llnal, and ID lhe knowledjJC of Gnntor theic neither ii DOI' bu been any compJaint.. order, directive, daim. citatic,n. nocice of lien by or in fa"Yor of any governmental 11Jthority or privalc pcnon·with rcspecs to ())air eminioos; (2} spills, release, or discharges of Hazardous Substances on. in or to the Property or surru:e WIier or IIJ')UDdwater llffeotc,j by lhe Propaty or the sewer, septic syslCIII or wute waler l1mmall syslem ,erviciog lhe Property; (J)solid or liquid wasle diJpo>al; (4) lhe use. ,aorage, genention, UCllmen~ tnnspoRalion or dispoal of HIIZllRWIII SubJl ... es: (SJ exposure 10 airborne or friable a,berlor; (6) >iolation of any Environmental Law; or (7) any Olber environmental. health or Nfety matters affecting or pcilinins to Grantor or the Property. (b) No Existins ffm:dous SubJlanr.g. &apt u to cin:umsrances, matten or things Iha! have beet! disclosed io writil>B ID Beneliciory prior to tho dlle hereof ud u to whi<b Gnurtor previously ha, oompleted, or i.s proceeding diligently ud ill the ordinory ooune of Grantor's activities to compld;ti, dcuwp, reimval or other n:medill IClioa that bas, fully remedied, or will fully remedy, :!I effecu of any Haurdous s.bllanc<1, (l)Gnntor hu no knowledge of any circumstuce. llllher or thi.11g existing wilh respect IO the Property which might give rise to any of the c~ actions or proceedings. without limitation. discussed in puagrapll (1) of this oe«:tion; (l) n<ilher Granier nor I<> tho kaowlocJse of Gnntar 1111y olber Pmon has stored, disposed or rdeased in, oo or about the Prop,11)1 any Hu.ardow SUbstanca the removal or remediation of which is or could be required, or the maintenance of which is .(,. --··I) • \ ")C C, ~,---0 -• prohibited or penaliz~. by any applicable Environmental Laws. and the Property is free from all Rich Huardou, Substanus; (l) Grantor hu not at any lime disposed or cawed 10 be di,posed 11 any location any Hazardous Subst1nccs generated or aisling a., a result of GJantor' J operation of lhe Property in a manner which will or could cause Grantor to be or become liable for a fine or p<mlly or a lllOllC!uy or performu,ce obliplion arising &om or mated 10 ouch dnpos&l; (4) IO the knowledge of Grant or, Granter has no collli1lgent liaNlity in connectioo with the roleue &om lhe Property of any Hazardous Sub,tance, into the mMn>nment; (5) Gnntor 1w llOI given any releue or waiver or liability that would waive or impair any claim bt.sed on Haz.ardous Substan= 10 (A) a prior owner or <><cupon1 of the Propaty, (B) the owner Of any prior owner or occupant of any property leased by Grantor, Of (C) any party who m&y be potentillly ,aponsible for the pre,ence ofllazardou, Subslaaces oo the Propaty. (c) No Futun: H,wdous Substagcg. Grantorwill no, Jcno,.;,,)lly cau,e or permit the Propaty to be used to geoaate, 1111J1Ufactufe, Jefine, Ulllsport, IRal, !IIOte, handi,,, di,pose of, transfer, produce or procea aoy llazardoul Subotanc.. eKcepl for Hazardo11s Sub,....cs used in the ordillll'Y cazue of busineJs in mmpJiatx:e with aJJ applicable EnWoamcnlll Law,. nor shall Grantor cause or permit, I! a resuh of any intentional or unintentional act or omission on the pan of GJanlof or any of its agents, empfoyea, contractors, teraanlS. subtenants. invilees or othtr users or occupu11 of the Proputy, in the operation of Ille Propetty, a ri:lease of any Hazardous S\lbstance onto the Property or onto any otha' property. {d) Compliance Wi1h Enviromnerual Lawa. Grancor will at aU limct ia aU respec:U comply, and will use its best eff'ortl 10 cawe all tc:nants, sublcnants and olhcr users and occupants of the Property to comply. with all Enviromne:nial Laws including. without limitation. the duty to underulce the followins specific actions: (1) Granto, will at its own expense, procure, maintain in effect, and comply with Ill conditions of any and aD permits, licenses and other govanmentll and regulatmy _...i, required by Ill Environmental Laws. inoluding. without limilllion, permit, required fo< ·discharge of (appropriately treated) Hazatdovs Substances into the ambient air or any sanitary sewen ,ervins the Property; and (2) Clleept u dischargt.d inlO the ambient air or a saniwy sewer in stricl compliance with all applicable Environmental Laws. all Haz.ardous Sub11anccs from or on the Property to be treated and/or disposed ofby Grantor will be removed and llan5pO!ted solely by duly li=sed lnmporters IO• duly licenaed treatment and/or disposal flQlity for final UUUnent and/or disposal(~ \\'hen applicable Envimnmentll Law, permit on-,ile trealmellt or disposal in a sanitary landml). (•) C1eanup o~. Jflhe preseocc, release, lhreal ofielease, placement on or in the Property, or the eenawon, 11>nsportalioa, -aae. lJcalment or disposal II the Properly of any Hazardous Substance (I) eivos rise IO liability (including but not limited !o a response action. remedial action or removal Klien) uaclcr any En.vironmental Law, (2) c:atises a sisnifieant public beahh effecl,. or (J) pollutes or threatens to. pollute the environment, Cnamor sbaJL II its sole expen.,e. promptly tab any and all remedial and removal Ktion neceasa.7 to clean up the Property and mitigate ell:posure to liability arising from the Hu.udous Substance, wbcthcr or DOl required by law. -7-•-,n • "\ C, •• _ .. __ _ -0 -• (f) Notificatjop o{Bcneliciary. Gnnlor shall promptly give Beneficiary (I) writt"' notice and a copy of any notice or comsp:>ndence it receives from any fedenl, .state or ocher govemment IUlhorily reganlU13 lhiardous Substancu on the Propetty or Hazatdou, S.1,,unces which affect or will affect the Property, (2) writtee nolice of any knowledge or information <lrlolor <*ain, rfSanling Hazardous Swstanees on the Property or llmrdous Substanca which will affcd lhe Property or .._ or loaes incurred or expected to be incurred by Gran1or or any govmament agency to study, uxn. contain or removt any Hazardous SubsllDCCS on or near the Property, and (J) written notice of any knowledge or information Gnotor obtaio, r,,garding the rdease or discovery ofHazordo., Subslanca on the Property. Gnnlor acknowledges Iha!, as between iuelf and Beneficiary, Grantor will be solely responsible for aJI costs and expenses relatina to the cleanup of Hazardous Substances u a result ofocti1nties on or the contamin11ion of 1he Property. Onntor's obUgatiOOJ wide, thi, Sedion l.S are unconditional, and the covenants of Grantor in thia: Section 2.S shall ronliiwe in effect aod shall survive the satisfaction of lhe obligations of Gramor uoder th~ Deed of Trwt, including without limitation the lnmfer of the Property punuant IO foreclosure proceed"'!' (whether judicial or nonjudicial), by deed in lieu of forMSIUrc or orherwiae. Nothing in this Section 2. 5 shall prejudice or impair lhe rigbls or claiau of Grantor ag>inst any Person other lhoo Beneficiary wi1b respect to the pre,cnce ofllazantoi. Sub•1111<es as set forth above. (g) MeintrnJROfdi o[ Pmpgty: lpnqpce. Gnnlor will maintain the buildinp and other improvements which are p.ut of the Property in pd condition, and will neither commit nor mff'cr any wute on the Property. Onnlor will at all limes maintain such iruuranu on the Property. with such insurers ud in such amolllltl, as is normally malntlined by p,udent owners of similar property in the area ill which chc. Property is loc:ated. ARTICLE Ill RESERVES J.I ~-If Beneficiary "' ,equm:o, and subjoel to Section J.4, Granlllr will depo,it with Beneficiary a monthly sum, u estimated by 8eneficiary, equal to (a) the Jmls mlde:- any ground lease, (b) lhe wa and special usessmen11, if any, n.,.t due oo the Property, and (c) lhe premiums that will -, become due .., inswanco polici .. recium baamdcr, lesa all sums already deposil<d lheref«. divided by the """'ber of momhs 10 elapse before -rnooth> prior to the dale when such reniJ,, taxes. special uses,me:nt, and premiums will become delinquent. Beneficiary may require Grantor to dcpmit with Beocficiuy, ill advance, IUdl Olba' sums for other tu:e..t, usestmenlli, premiuma, charges and impositions in conna:tioo with Gnnlor or the Propeny u Beneficiary reasonably deems necwary IO pru1«< Boaeficiary's imerests (bcniJI "Olbcr Impositions"). Such sums for Other lmposilioos shall be deposilcd in a lump sum or in periodic iosu.DmentJ. at Benc:ficiary'1 opt.ion. If fmlllesled by Beoefk;iary, Granter will promptly deliver to Beneficiary all bills and notices with rclpeCt to any reat.s. taxes. .g_ • 1 ?II 0 -0 -• ...._ .,......,,, ud Other lmpo,itiona. Ulllw Gnmlor and Benellciary cd>erwi,o asree in wrilinB, Beoeficiary shall not be required to pay Grw« Ill)' merai. eominp or profit, oa any ., ... depo,iied with l!eoeficiary. All oums deposited wil!I lleaeficiuy unde< this Section 3.1 ue hef<by pledged u additional ~ for the Socurecl Obliptiom. J.2 AppJjgtigp or~-AII tuch depomled ..... sball be lx:ld by Beneficiary and applied in u:b order II Bwfic:iary elem to pay such ~ tax&\ mes11211C11b. pmniums end Other llllpositiom or, in the...,. of def..i1 bnuoder, .. , be 1JJPlied in whole or in pan, to iodebtednes, secund hemJy. The_.. provided for ia tlii1 Article Ill i, ,olely ror the added pn>1ectiOJ1 of BOM!iciuy and enlaib no re,ponsibili1y <NI Beneficiary's put beyond the allowiog of due credit. without iaterat, for the ,wns IClually received by it. Upon any assignmem oflllis Deed or Trust by Benoficiary, 1111)' fund, oa hand shall be tumed o,er to the assignee llld aoy responsibifity of Beneficiary witll respect -wll terminate. Eich tnnsfer or the Propeny shall aitol!lltically lrlllSf..-to the Jlfllll .. all rights of Clnntor with re,peot to any fund.o accu..,wed ............. Upon payment in fiill of Ille Sea.eel Obligati-Beoefici,ry lllaU Jl'O"'fllyrtluod lo Onmortlio remaining balance ofaoydeposits lhen held by Beaeticiary. 3.3 Adiumnuna to Deppsitl_ If the total lfflOUftt deposited by GranlOI' under Sectionl.l mo:ceds tho alllOUDI deemed neceswy by Beneficiary to pnwicle for the payment of 111ch l'ellb, taxes, .....,......, premiuma and Other lmpoJitioos u the same fall due, thea ouch exc:eso 1ball, provided no .. .,. of defiuk then mists heRuoder, be crediled by Benef<eiuy OJI the neat due imtalJIDOJII or uutaJJmenis of such depoaits. If at any time the IIUI IIIIOtllll dcposilod with Beneficiary i, 1 ... than !he llfflOWll deemed nocmary by Beneficiuy to provide for the payment thereof u the same fall ~ thea Onntor will deposit Ille deficiency with Beneficiary willua 30 days after written notice ID Grntm lhlling the amomit or the deficiency. ],4 Condjtigpl Wlim-Notwitmtandiq &Dy other pro1Ji1ion of thi1 Deed of TN,t, Beneficiary asrees 1h11 it will ... require !he paymeal of......-u provided in tllis Article Ill, so long II there is no delinquency in the payment of any rues or imenmenui levied or messed againJt the Property, nor uy dtliltgutDtJ in. lhe payment of the premiuim for any insurance required hereunder, aad there is.., other OYelll of dclautt unde< tllis Deed ofTru!IL ARTICLE IV RESTIUCTIONS OIi TRANSFER OR ENCUMBRANCE 4.1 Partial RclC11"4. Beneficiary wiD from time o, time vpon requeat of Alllhority releue tllis Doed of TRIii, in whole or partially, ud direct tbe Tru ... to roeolJYO)I tlii, Deed of Trwt as to the applicable portio,, of the Realty described in llli1 Deed ofTnlSI on Ille followins terms and conditions: (1) Authody shall not lhoo be in Defauk under !hi, Doed orTrust; (b) The prllionofthe Reaby releuod iball comlilutecoe or nae legal lots; and -!I- • "I ·--0 -• (c) AuUMny shall deposit with the Beneficilfy 1he doaitn<ollllioll ""!"irtd by s«tioo 6.8 oru.: h>denlur.. 4.2 Rtstrigjon1 on 'Itwfer <X F.oounhranu of the 1'ropffly. Neither the Proptrty oor any part tbtr.:of or interest !herein shall be eocumbered, ,old (by contract or otherwi,e), conveyed orott.rwise tranafand by Gtwor witbou1 Beneficiary's prior written con.sent, cxupl that no such c.oasent thaJI be required wirh respect 10 1 lien in f1wr « 1 JOVUnrnenlll entity in connection with Prepaid Rent (u defined in the Indenture) for pof1ions of lhe Really, if Granlor provides to Bmtficia,y an opinion of Bond Counsel 10 Gran.tor ID the efl'eci lhal such lien iJ p<nnilted by lhe lndr:nlUre. Any a,ch action withoul Benclicill)''s prio, written coment shall be void and, ll lhe O!)lioo of Bcn,ficiary, may COIIJlitutc an .....i of ddi,uk h,mmder and shall be deemed 10 i..,..,. 1be risJc orBoneficill)', and Benefltill)' may declatt all ,ums ,...,..i hereby immcdialdy due and payable or may at iU 10le option c:onsem to such change in title, occupancy or ownashlp. ARTICLEV UNIFORM COMMERCIAL CODE SECURITY AGREEMENT 5.1 Goot to Beneficiuy. This Deed of TMt ams1ituta • m:uricy agreement pu.......,I IO lhe UCC widt respect k>: (a) Any of the. Property which, under applicable law, is not real property or dfc:aivdy made part of lhe real property by the pmisions of !his Deed of Trust;and (b) Any and all olh<t properly now or ll<rwb:t described on any UCC Financing Slal.r:meat naming Gtantor u Debtor and Baleficia,y u Secured Patty and affecting propr:rty in my way ~necled with lhe use and enjoyment of I.be Properly (any and all such other property co°"illlting ·Property" fot purpo,es of 1his Deed ofTrust); and GrlllllOr hereby gnnlS Beneficiary a security in1eres1 in all property described in clauses (a) and (It) abc,ve; u scc:uri1Y for the Secured Obli3a1ions. Grantor and Bentfieiary agree, bowewr, 1h11 neilher lhe foregoing pw of a ,eairi1y in,.,.,. nor lhe &ling of Ill}' ,ucl, finaoc:iq "''"°'"' shall Offl be COlll1rued u in Ill)' way derogating &om Ibo panics' bnby 111ated intention that cva-ything uaal in co~oa with the production of inrome from the Property or adapced for use therein or wllith LI de.tcribed or reflected in thi:t Deed or TNlt. is 111d at all time:t shall be resa,ded for all purpose, as partof lhe Really. 5.2 Beneficiary's RiMW and Remedies. With nspeca to Property aibj~I 10 the foregoing securily illlerCSI, a ... liciary bu all of lhc rights and remedies (i) of a secured pany under the UCC, (ii) provided bereit1, including wi1hout limitation the right to C1U1C such Prc,peny lo be sold by Truste-: under the power oFsale gr1ntcd by lbi.s Deed of"Trust. and (iii) provided in ·10. • l ~ .. c.__ -0 -• any other Bond Documen1 or by law. In eu:rcising its remedies, Benefieiary may proceed agaiPSt the item ofroal prop,ny and any itew of personal prope,ty aepnlely or ••!!'Iha' and in any order wbatsoner, IDd against any other real or persoml prnpmty of the Authority subject to any other deed of 1nlSl 9CCUri1111 payntent of lhe No"', a, '°'"<IIIJllalcd by lhe lndenbue, sepntely or togdher ud in any order, without in any way affecting the availability of Beneficiary'• remed"ia bereunder. Upon demand by Beoeliciary following an event ordefiruk bereunder, Gnntor will ....,.bJe any ilemJ of personal property and make them available kl Beneficiary at Ibo Property, a place which i, hereby deemed lo be rcuonably coowrncal to both patties. Beneficiuy sbaJI givt Grantor at least frve dayt' prior writtea notiee of the lime and place of 1111)' public sale or other lfisposition of -,cll Property or of the time of or after which any private sale or 111y Olbrr intended disposition is to be made. Any )>13)n permitted by Jaw to purchase at any sucb sale may do so. Such Prope,ty may be ,old at any one or more public or privote .. 1 .. u pennillcd by applic;able law. All expenses incurred in roalizing on such Property ,hall be bune by Gunlor. ARTICLE VI ASSIGNMENT OF RENTS AND LEASES; LEASES OF PROPERTY; APPOINTMENT OF RECEIVEII; BENEFICIARY IN POSSESSION 6.1 . AssisnmenJ of Senti and Leases. AJ pan of the coasideraiK>lli for lllc indtbttJ:loeu evidenced by the Bonds. and not u addi1iona.l security therefor, Gnmor hereby abeolu1ely aad unconditionaJJy usigns and trusfen to Beneficiary all rigta. title and in1eres1 of Grantor in and IO: (a) any and all present and future lea.ses and other asrccment, for the occupancy or ""' of all or aoy p,n of lhc Propcny, and any and all cxlcnsiom, renewals and rcplacemellb tbcrcof (<Ollectivcly "Lcucs"); (b) all cash or sccuri1y depolilS, adYance ra<als and deposits of a similar nature under the La.st!; (c) any l:Ad all suarant:ees of 1a1anl5' or occupants' performances under any and all Leases,, and (d) all rents. issues. profits and '.'eVCnues (collectively .. Rcnu") now due or which may become due or to which Gnntor may now or shall hen after beamt,e l!Dtitled or may demand or claim (including .Rel'lll coming due during any redemption period), arising or iS5Uin1 from or out of 1ny and all Leases. indltding without limitation minimum, addiliooa.l, percentage and chficienty rc:nls and liquida:.ed damages. 6.2 CDIIci;tiPo gfRents. Prior to written DOticep:en. by Benefici.lry lo Granloc of an eYeOI of dcfiult berc,u1dcr, Gnntor sluill ha" a license to, ond will, «lllea and receive all Rcnu. if any. u trustee ror the benefit or Beneficiuy and Grarnor, to apply the Renu so coUeued fint 10 Ille payment of IUco, .,...,mcnlS and Olher cbarscs °" Ille l'n>pcny prior lo delinquency, sccood to the: tost or insurance, maintenance and repairs required by tbs terms or the Bond Documents. third to the cods of disclwging any obligatjon or liability of Gnntor under the l...easn. and fourth to the i11dcbtedncss secured hereby, with the balance, if any, so long as no .such event of dcfatlt ha otalll'ed, 10 I.he account of Grantor. Upon delivery of written notice by Beneficiary to Gnnlor of an event of def.au It bcrc:uoder u:111.ating tba1 Bmefitiary ~sea: its 1igl,ts 10 lhe Rents, and wilhout the neceurty of Ilalcficiary cntcri1111 upon and twllj! and maintaining lull oonuol of the Property in person, by agcl'il a, by a court--appointed receiver, -11- • "} •• -0 -• Bencfkiuy shall immediately be eatitltd to pos.session of all Rents a.,: the same become due ud payable, including without liD!illlion ReJ11> Iha, due and unpaid, and Ill such Rm, ,h,ll immediately upon delivery oi such notice be held by Onotor u lrustce for the ba,efi1 of Bonellciuy only. Upon delivery of such wrinm aolioe by BellefitillJ', GraAtor hereby agrotJ to dire<! each telllnl or OCQlpont of the Property to pay all Renr. 10 BeneliclllJ' on Beneficiary', wriaen demand tbereror, without any liability on the pan or mch tenant or occupant IB inquire further u u, tlie cxi11cace of a default by Grantor; Gnator hereby 1uthorius Bendiciaty u Grantor's lltomey.in,.fac;;t to lake such direction to tmanra 111d occuplDIS upon Grantor's failure to do so u required betein. Payments made to Beneficiary by teJL1ul1 or O(;Qlput, wl~ H to ,uch tcnani, •d OCQJJ>IIIIS, be in dischorge of the payon' oblig11ions to Granlor. Beneficilll}' may cxcrcix. in Beneficiary's or Grudor"s name. all rights and remedies available to Grantor wilh respect to col!ectio11 of Ralrs. Nothing herein contained shall be construed aa oblisatins Beneficilly to perfo1m any of Grwor'J oblip1Kffl1 under any of the Lcmes. 6.1 Gnntor'& Rq,regptntions and Warranties, Gr.unor hereby reprc:sen11 and w.amnu to Batcficiuy that OrM-4or hu not exewtcd and will oot execute uy other usignment of lhe Lnses or Rcnts, if any (excq,c in the Bond Documents), thll Gnator 1w not performed and wiJI DOI perform any acts and hu not execu1cd and will not accutc any instrument which would pmrent Bene6cia,y from ei:c:rcising its rights under this Aniclt Vl, and OW at the time of esecution of tlliJ Deed of Trod there has been no 1nticipation or prepayment of any Rents for more thao two months prior to the due dates tbereo( Gnator will execute 1111d deliver to ;:? Benefit ill}' 111<h filrther wig,unema of rentund 1 ..... or lhe Property as Beneficiary may from ;,.; time to time request. ~ 6.4 I run of the PrnPfflY. Gnn1or will comply with and observe ib obliptiDnl as ~ landl0<d under all Leases and will do all that is ntocQllJ' to preserve Ill Lweo in force and lioe g) fro-n any right of countcidaim, defense oc ,etof[ Al Beneficiary's requ..i, Gnlotor will furnish ll) Bcnefit:iaJJ with ~etulcd a:,ptC:t of all Leases now existing or hereafter mde. Without ~ Bencfic:iBIJ'! written consent, Grutor will DOt collect or aa:.epl payment of any Rllnts more than two moath! prior to the due dates thcn:of; will nol excauie,. modify, surrender or 1erminate any Lease now existing or haealcr made providing for I tcnn (uu:luding any renewal lam(s)) of five years 01" more., will not in II)' manner waive. discharge. R:lease or modify the obliptiom of iny lenant or other oc:cupanl of the Propaty undi:r any Lcue. or request or consent Co the subordination of any Lease lO any lien suboniinlte to this Deed of Trust. 0 6.S Bcneficjgy in fovq1jon· Apooimmem of R.pjyer. Upon any event of default hereunder, Bmeficiuy may, io pc:noa, bY agent ..-by a coun-appointed receiver, reganllas of 1hc adequacy of Benefaciuy's sec:wity, enter upon and cake and maintain full cootrol of the Pmp<fty in order to pcrfonn all ICfs ......ary and appn,prille for the opentjon and maintenance thereof in the same manner 11d to tbc same extad tba1 Gralltor could do, includin& without limitalion the execution, enforccmen1, canceila&ion and modification of Leues, the collcaK>n of 111 Rents. the removal and eviaion of tenants and other occupants, the making of alte:raaion, and rq,aiu to the Property and the execution and termiaation or conuaw providiaa for management or maintenance or the Property, Ill on such terms as are deemed best by Beocficiuy 10 protcd lhe security of Ibis Deed of Trust From and after the occum:ncc of any such cveni or default. if -12-__ , .. • • --0 • any owner of the Propaty Jhall occupy lhc Pn,paty or part tbueor IUCb ....., oholl pay ro BeneftciJry iD ldYIIIU on lhc first day of eaeb ....i. a n,uomble ...,.,1 f'or lhc ,pace so oc:aipiod, oad lJllO• failure SO IO do 8-flewy aball be en!itlcd IO n,mow: IUCb ...,_ mND the Property by IIIIY appropriate IClion er Jll"'"l"'Wl9 Follo'""8 aa ..... or dof111k hereunder, Beneficiary Jhall be lllltillod (._.ue. of the adequacy of Beuficia,y's -ty) IO the appoiatmeal of I reeeiva', <lnntor ba.by COIIRllling to lhc ljlpoi-of ouch n:ceiver, aad lhc n:cei..,. sball ha"", iD addilioa IO a8 die riaJ,u and powas automarily given to and exercised by IIICb h:Ctiven, aU the fiab1o and powm 8f'lll<d ro Beneficiary in tbi, Arude VI. Beadiciary er lhc n:cciver obaU be entitled <o rave a ..-e roe f'or ao manal!ing the Property. 6.6 AppJiqlj09 pfhpb, AU R.mts coUeded IUbteqlent ID delivery ofwrittm DOlice by Beneficiary to an-of art eve.t or defauk bor,uada nil be applied firat ro the com, if IIIIY, of taiwJa rontrol or and managiDs tbe Property IIICI coll"""'8 the Rents, iDc:hiiliug without limitltioa 11tto.rney1! fr.et. receiver's ree:,. premiwu OIi recciYCf"a bonda, com of i:nai1*:rtancc and repairs IO tho Property, premium, cm ....,..co policies, two, ..... smeb!J and othor clwBOO on the Propaty, and the COSIS or di,cbaqpaa uy obligation ,.. liability of Gnntor under the Leasa, and then IO the imdobtcdne,a ,cand hereby. Benefici111 or tho receiver Jhall be liable IO ICCOW!t only fur -Rmu .....Uy ra:eivod. Beneficiary ,hall not be liable IO Granror, anyone daimins under or ~.hrough Gnntor or ayone ha Ying an inlerest ia tbe Property by RUOD of lll)'lbing demo or left undone by Bendieia,y under &bi, Article VI. 6.1 Deficiepcics To the extent. if any, daat the costs of I.Was co111ro1 of ud managins lhe l'Jopaty, wlle<:bDj! the Rm,, ml dilcbarai"8 obligations and lisbiliti'" of Gnntor under the Leues exceed the Ronb, the...,.. aum expended for 111<1> pwJ>OHS shall be ind-..S -.cl by Ibis Deed ofTNtl Sud, czccu JWDS sbalJ be payable upon demand by Bendiciary ud aball beu int<RSt fnm the dale oUilbunement 11 the rile of8% p« annum, or the maximum: .-.1c wbieh may be collected from Grlntor thertfor wide, applicable law if thal UI 1 .... 6.8 Beoeficilt.Y Not Monrn in Pntm:ion. Nothine: herein lhall ccmtiluae Bwficiary a "IIlllflpgl,c in poaoealioo" pier IO its ac;tuol ~ upoa ud taking poue,oion of the Property, entry upon and tumg .,......., by a n:cciver ,.. comtitutina pc>IIOSlioo by Beneficiuy. 6.9 Enfon:emept. Bene6ciary may amnie Ibis wigmnclll witboul tine nooniDs to or exhausting any sewrity or a:,Uatcnl for thl, iadtbtfnes, nil usipmem lhall lamWlle It such time u this Deed orTru,t -ro -~ of the Seand Ol,liptions. -13--· •• -0 • ARTICLE VII EVENTS OF DEFAULT - 7.1 Emu, pf Pmult Tbe occumoc:e of any one o, more of the following shall coaslitute an event of defauh hereunder: (•) Failure by Orutor IO mate any P"l""'nl when due under 1111)' of the olha-Bond Documen11, if not am:d withln any applicable g,ace period Kt forth in sucli dowmenll, or unda' tlli, Deed ofTiu,t, if not cum! widiin 10 days aftq written notice lheteof given lo Orantor by Beneficiary. (b) Failure by Gramor to pafonn any other COVfflant, ..,._ .. , or oblipiion under any of die Bond Docummts, if 1'0I wn:d within 60 days after written noti<e 11,ereof given to Granto, by Bcneficu,y (or if ,ucb cwo amDOt be completed widtin such 60-day period tltroush the emci,e of diligence, tile failura by Gnnlor to commence die requin:d c:uro within ouclt 60-day period and thereafter to <OOtinue die cure with diligence ud to complete 1be cure wilhia 12:l days following BeneflCiary'i ~ notiu of defeult) . ... ~ ... 0, i e 7.2 l:llmulf.Hlllig. Al Ba>eliciary'• oprion, any written notice of deliult n,quind to be given to Grantor uuder Stction 8.1 may be given in die lbnn of a otatulOly notice of default Ullda die Washington n..d of Trust Act or any other form BenefJCiary may ele<t. ARTICLE VIIl REMEDIES 8.1 Acq!cration Upon I>ef&dt Additional Remedies. Jn the event of defaJlt hereunder. Beneficia,y may, 1t W option and without nolice to or demand upon Grantor bul subject to the temu of the Indenture,. cercisc uy one or more of the followin.1 actions: (a) Declue any or 1111 iJldebtcdnea, ,ecuml by Ibis Deed ofTn,,t to be due and payable immediately; (b) Briq 1court adiontoenfon:e die pIVvisiotuofthis Deed ofTrust or any of the indebtedness or oblip1ion1 ...wed by this Deed of Trust; (o) Fora:lose this Decd ofTru• as I monpse; (d) Cause any or all of the P,ope,ty to be sold ...da die...,... of ale granted by this Deed ofTrwt in any owmcr permittocl by applicable law; -14---· . '\ 0 _____,,, __ -0 -• (e) Elect to curmo ita rights willuespcot 10 tbc Leases and lhc Reals (aolice of cxm:ising 1his rip! will be given by Benefieilll}' to 0,-.-); (l} Exen;i,e any or all of tbc Gtbcr nghll llld remedies provided for herein in die cvcnt ofddiuk hereunder; or eqLlity. (g) Exercl,o any otbcr rishl or remedy 1Yailablc under law or in 8.2 Eurci,c of Power of Sale. For Ill)' Ale under Ille power of Nie gantcd by Ibis o..d ofTrust, Beneficilll}' or Tnut .. shall recanl IOd IP" all IIOCiuo rcquiRd by low and tbcn, upon the expiration of IUdl time as is required by Jaw, Trwlee may ..JI the Prnperty upon any tenm and coaditions specilied by Beoefl<iary IOd permitted by applicable law. TN,... may postpone any sale by public 1UU10W1eemera II tbc lime and ploc;e ooticed for lhc sale. If tbe Properly iaeludes several loll or parceb, Beoeficiary ia ita duuaion may deaipate their order of we or may elect to ..U Ill of tltclll as III catitoly. Tho Property, real, penonll and mi>cd, may be sold in ono poreel. To the CKICllt 111y of the Propeny sold by the Tru•ee is personal property, then Trusue shall be IICling u the agent ofBene.liciuy ir ldliag IUdl l'rt>pcny. Ally PfflOD permittcd by Jaw to do so may purel!&se al ony sole. Upon any we, T,..... will e=ate lltd deliver to the purclwer a-purchuen I deed or deeds COIIYCyinj tbe Propmy ,old, but without uy covenant or warranty, cxprc.s, or implied,. and the teeital1 in the Trustee', deed ahowiog !bat the ,ale wa, concluded ill complianu with all tlte rr..quirementl of law shall be prima facie evidence of such compliance and ;onclwiYe evidence thereof' in ra\/Of' of bona fide purchuen and encwnbrancaJ. for value. B.J Agplication of Sale Prw:r41-The pruaeds ofaay sale under this Deed ofTN,t will be applied in the tallowing manner. fIBSI: Paym,nt of the eo>IS and expo.,.. of the sole, mdudins wilhout limilltion Trustee·, fcoa, legal f ... and di-..U. title dwges and tnmfer taxes, and payment or all expen>es, liabilities 111d adYIIIC<S of Tru,tee, !Ojct.bct with iatcrat on all advanc:es made by Trustee 6om Ille dale of disburserncnt II '" intaat Ille of 1% per 1111111m or at lhe maximum rate permirteel to be cbiraed by TN.ttce under applieable Jaw if that is leu. SECOND: Payment of all sums expended by Benoficiuy uncle, the tams of !his Deed of Trust and not ya repaid, togetber with interat on ,..J, IUlns liom ~lleof di"'"1-cnt at an interest rlle of 8'-lo per IIIIIIUlt or Ille lllllXimllDI rile permitted by applicable law if 11111 is less ~ Payment of all Oilier iodol>tedneu -,eel by thia Deed ofTnm in any ordtt-that Beneficiary cboosu. subject to the provuio11 of1be IDdenture. f()URTH: The remainder, if any, to the penoo ..-per,om legallyentitlcd toit. -IS- . \ -,,: 0 -------·-----•• -0 -• 8.4 WNYP'. of Omer of Sale and Mmhallina. Subject to the provisiom of the lndontllre, Beneficiary shall ha .. the ris),t ID ddc:rmioo the omr in which IDY or all pcnions of the ,ccured indebtedness are solisfied from the proc:ced, mlized upon the e,iercise of any n:medic, provided bcreio or in IDY other deed or truol .....-ing payment or the Bonds, .. <0ntanplaed by !he Indatture. Gnolor, IDY puty who -., 10 !Ilia Deed ofTn,,i ond any J'lltY who now or btrallcr acquim I H<Urity i...,.,. in the Pn>p<ny and who IIU actual or constructive notice bereo( hertby waives any aod all fish1 to require manballing of met, in connection with !he ........ or any of the n:mediOI permitted by appJicabJo law or provided horeut or in IDY IUcb other deed or !Ml, or ID direct the order in which any or the l'ropaty will be.sold ill the event: of aoy sale under this Deed ofT.rust I.S Noo:W&iYII of Defwk• Tho enlaiog upon and laking poaesaion or the Property, tbe collot1ion or Rmb o, the proceeds of me and other iosunnce policies or c:ompmution or awardl for any takina or damage of tile Propaty, and the appliwion or relaM thtrmf u bcnin provided. aball oot cure or waive any defauh or IKllice or default beteunder ar invalidate any SCI done punuant to aach nolic.c. 8.6 EXPCOH! During Redemption Period-Jf this Deed or Trust is foreclosed as a monPIC and the Property ,old II • forcolosure sale, the purclwc:r '""Y wriog uy redemption period allowed, make IIM:b Rp,m or allcralions on the Propeny u may be .....,..bly ncoessary for the proper openlion, CIR, pr.....ation, protection and insuring thereof Any ,um, ao p,jd logether willl interest I hereon from the time of .!Uch expendiblte It the rate of 8% per amum or the highe,t lawful rile irtllll i, las ,hall be added ID and become a part oftbo amounl rcquir<d to be paid for redemption tom such Ille. 1.7 ForeclnM! Subject to Iauclcs. Beneficiuy's right ai its optioo to forecloK Ibis Deed ofTrust iuubjcct to the riaJ,ts of any tenant orlenantsoftbe Propeny. t.8 Remedies Q..lmulatjve. To the extent permitted by Jaw, evuy rigbt and remedy provided in tbi., Deed ofTNII i, distiac:t IDd <:W11Ulative ID 1111 OCIRr rights or remcdi .. under thia Detd of Trust or afforded by law or equity or any other 1grcemem between Beneficiary and Grantor, and may be exercised conc:unently. independently or succeS1ively, in any order whaboeVer. Beneficiary may exercise any of its rights and remedies at its opuon without regard to the adequacy ofit11CCD1ty. 1.9 Bencficiary'1 and Tnulee's Expenses. Granwr will pay all of Beaeficiary's and Trust .. ·, oxpemes incum,lin any effon11Denfim;c any 1enmoflhio DeedofTru,1. wbdhcr oc not any 5Uit i$ filed, including without li.mita1ion legal fces lllld disbunemenll. fixedoue CO&-. IDd title charges. All -,urns, wilh interesl thefeon, lhall be additional -or GranJor secured by Ibis Deed or Trust Such .,,.., ,ball be immedilloly due IDd poyable and shall bear interest from 1be date of dl!lbursemeot II an inlerest rate of 8% per amurn. or the maximuro rate which ma_y be coUecced from Grulor under applicable law if that is 1,-.ss . . )(,. .. -·p • 'l e ------0 -• ARTICLE IX 9.1 Appijgljon p[ f•YIIIIP!t Excepl u applicable law or this Deed of Trust may 01hen.ise p,ovide, all payments ........i by 8-ficiuy under the Bond Documenu ,hall be applied by Beneficiary purlUIIC to tho lndadure. 9.2 8Cf9Dl'C,Ylll0 Upoa ptymelll of all sums Jeautd by lhis Deed of Trw1, Beneficiary shall request Traaee ID rc<o!MJ' the Property and lhall :oirrendor lhis Deed of TMI and all notes evidencill8 mdcbtedn ... '"""1ed by !his Deed of Trust ID TMlco. Tru-,hall recoov.y the Property wilhout warnoty 10 the pmon or penons leplly entitled tbcmo. The srantce in any rec:ooveyuce may be dacribed u the "penon or pen11111 qally ,.,itkd thomo. • U1d the rociuls therein of aoy llllllcn or lieu shall be condu,ive p,oof of the lnltldiilnw 1bereof. Such pcnoa or penons shall pay Tnastec', reasonable COAt iDcurrcd ia so rei;oaveyiDg the Propcrty. 9.1 SucrrMr Tru!lee. ln ac:cordanc.e with applicable law, Beneficiary may Imm lime to time appoint a IUtCeSSOt' tnlSlee to any Trustee appoiotal hereunder. Widiout conveyu,ce of the Pruperty, the 101CCCS10r bUstee shall succeed to all the title, ,._ and duties conferred upon the Trust<e herein and by 'l'Jllicablc law. 9 .4 Ber&ficim's Pstf'tfJ. Wilhoul affecting the liability of any pa10ft for pay.neat or performance of the s......i Obliptions, Bcocliciuy, at its opi;oo but only if not prohibital by Ille lndeatun, may emnd the time for JIIY1l1CIII of the iadebtalne.u secu,td hereby or any put thereof; redu<e paymCDI lhoreon, rdeue anyone liable on any of ,ucb iodebtedlless, l<cepl a rtnewal note or nor es ehcreof, modify the lenu and time of payment oCthe iDdebccdDess. release the Jtcn of this Occd of Trust on ey part of the Property, take or rcleuc other or addiuonaJ sccuriry, relctse or R'lCOllYeY or CiUSt lo be released or n:conveyed all Of In)' part of dtc Propen:y, or COl1.Slflt and/or caisc Truslr:c to consent to the making of any map or plat of the Property, consent or cause Trustee to c:onaent to the granting o( Ill)' cucmenl or the creating of any restriction on the Property, or join or c:mse TJUJtee to join iD any a.bordinatioo or other qreement affcding du Deed of Trust u the lien o, c:har!)e hereof Gnotor lhall pay Beneficiary I reuontble service charge. klgctbcr lNith ,ucb litJc imuruc:e premiums ll'ld auomeys' fees as ffll)' be incunal II Bendiciary's option, for any such ldioA if &aten It CiraDtor'• request. 9.s No YIOl•m of V!wvJ.&» 1nttm1. fees aod dwBa collec:ted or to be collected iD coooection with the iadel,iednes, secured hereby 1ball DOI CIICOOd the muimum, if any. permitted by 111y "f'Plicable law. If uy ,uc:h Jaw is ioterprdtd so tllat such mlfflSI, fees and/or cbar1es would exceed any u:b muimum and Gnnlor ii entitled: to Che benefit of sich law, then: (a) sucb mterest, fees and/er chaqJes shall be raluccd by Ille IIDOUIII necesauy ID reduce Ille..,.. to 1be permiued maximum; and (b) u,y J1U111S already paid to Bmeficiary wbicl, e>cetded the pamiltod muiOUJm will be refiioded. Beodiciuy may choose IO make Ille refund either by urating lhe paymcots. 10 the c:dcal of lhc acess. u prepayments of princ:ipal or by -17--·· . "} ').C:: \ fl .. --0 • making a direct payment to the paaoo(1) mtitlod tbcn:to. No prcpayment premium shall he meMed on prepayments under this leCtion. The provisions of dis section shall CODtrol ovtr any iacomillelll provisioa orthi, Deed of Trust, the Boads or any other Bond Doaimcnb. 9.6 Addjtjond Qoammtt Power of Attpmey. Gnm«, &on, lime lo lime, will excculc, acbtowlcdp 111d deli-1o Bateficiary upon reque,t, 111d bereby irrevl>cably appoints Beneficiary .. llllol'IIOy-illract to -. adotowledge. ddiv« aad if appropriate file 111d reoord, such secwity ........... u,igmneDu, ror -,ily pu,po,es, absolute a,sipmenU, financinJ ,.., ..... ..., affidavits, certiflCl!es 111d other document~ in form 111d atbolance satisfactory to Bmdicill}', U Bcaeficiuy may request in order lo perfect. preserve, conlimae, mend °' maiown the qignmcnls cantaincd h<rein, the tien and security inter<St under this Deed ofTraSI 111d the priority thereof. Onnlor wiD JIIY to Beneficiary upon r,,qucot thmfor all cosas ud expenses incumd in COllnmion with the prq,uation. execution, recording and filing ohny atch document. 9.7 Forbeara.nce by BeoeJkin Not I Wajyg_ AJ,y forbeacance by Beneficiary in exerci,ing any rigbt or remtdy lamnldtt, or otherwise affordocl by applicable law, shall nol be a waiver or or preclude the c:,ucise o( any riaJ>t or remedy, and no waiver by Beneficiary or any panicula• dcfiwlt by Grum lltall oonsliblte a waiver or any other default or or any ,imilor deflllll in Ille fillure. Wllltout fimitins the gtnonlity of tbc furcgoing, the acceptance by Beneficiary of payment of any .111111 socuted by lhi, Deed ofTnut after the due dll• thereof ahall not he a waiver or Beneficiary's risJII citber to requin prom,. paymeat when duo or all other ,um.s so secured or to declare a deliuh: for failure to make prompt payment The procurement of insurance or the payment r:Ltu.ea or other liens or chargc:1 by Beneficiary shall not be I MUver or Beneficiary', right 1o accderlle the IIIIIUrity or the indtbtedocss s<cmed by this Deed or TIUSI., nor shall B=c1iciaiy'1 rC!lwlipr of any coodemnatia• awards or damaaa or izwrance proceeds opente 1o au,, « waive Grantor's defiul1 in paymeol or 11,rns seair<d by tllis lleed or Trust 9.8 J.oWnoi!y. Granter IHI= to defend 1111d bold Beaeficiary harmless lrom any claims made apinst aendic:iuy wbicb arise u • result of actioru takc:n by Grantor. This indemnity shall survive foreclosure or odter acquisition of, he Property by Beneficiary. 9.9 Modifiqtiom and W,iym. Thi, Deed of Tnut CUIIIOI be waived, cblaged. discharged or lemlinoled aally, but only by m inmument ia writing signed by Ille puty against whom enroreement of any waivs, dluge. dixhugic ortaminatiOl'I is sought. 9.10 t;m. Eiccept u applicable !ow may otherwise require, all notices aad other comanuniaitions shall bo it wrilins aad sball he deemed given when delivered by ~ service or wt.en mailed, by certified or regi,teral mil. polillp: prcyaid, addrcsaed to the address set fonh II the begi.-'ming of this Deed of Trust. Atrf rertY may at aay1ime change its addreu ror such purposes by deliverina; or mailin1 ID the other" part.its hereto as lf'oseuid a notice of sut,h change. -18, • "I ')C:' -0 - 9.ll llgyggjg• Ip,; $mobimr; Captjqm. Tim Dad ofTn11ul111l be aowmod by the ln11 oflbe SllleofW•ahinaton 1'ilbaoll lipid ID the~ oflnl povl,lom tbtftof If uy povillioo ar .,..,. of 111it Deed ofTnllt cmllids with "!'Plicabl• law, Old, coaflim ohall IIOI ofl'oel dlirr plOYitioee ot cbu-benol wlllcll CID bo lfflll dl'ecl -the COJ11lio!U111 .......... ml ID tbia ad Ibo p,mtiom linol ore declared ID bo -~ The capticlat ud beadms> oflbe IOClioat 1111d ertida oflhit Deed ofTnlll n tbr--oaly ud .,. ... ID ""oted to illlelpRc tr del!De lho ,._ benof. If my in,ioioa -it illcomiltml witb Ill)' povillloo la ... ladadute ... Ille po,;,;.,.. -be -. theo the ...... ol the lod-.re lhlil """'111. 9.12 Qmipjtjgp•. Aa uaod llaaa, lbe Ian -or-"....,. Gn,w llereia llllll<d, tos,,lber wilh 1111)' ~ _. oflbe Pmpaly or oay put lb<n:of ir idaat tben:ia, the lcrlll '7rultS' mem lhe Tnutee llenia namod, 1Dp1bs wilb Ill)' ........-Trmrea, 1111d ihc 1cm "Benefiduy" ....., die Benellciory boRia llllllOCI. IOa,,lb,r will ay usi-ol the "' 8eDeliciery. 0) . .., 9.Jl SYcmrsml AWu1BQuotJnip1 and Smol Liability: 1'srm, nu, n-of ! Tnul lholl bind ud lnun: ID the beodit oldie pame, hmlo md their respec:IM bein, dm...., .... lepleel, edminitlnlon, . aec:uton, -,on eed Ulip,, oubjoct IO 1be l'l')\'WDDJ of a, AtliclelV. AD ol>liptioucCGtmlor beramderarojoilll ud ......i. la mroitioS my risfu /i """'8dcr or llkina Klimu pruYicled &,r llcr<ia, Baioficiaiy ud Tru-"1 ICC thnJuab their 17) "'JloClnoe employees, .,_ o.r iodepes,da,I C10111r1<:1m u tulboriz..t by Beneficiary ud TIUll&C. 9.14 Numhp:; fSn:, Thi• Deed of Tmlt wll be comtrued • that wherever ,pplicoble 1be111e of the ...,.i.r llllllborlld iadudetheplunl-..... >iaovcna, .... the utc o{1117 sml<r 111111 be opplicable lo Ill pmlen. 9.1 S ~ T-i, of d,c co-.. in ,:oa.cdou with oD obtiplioa, of Orantor llereio. 9.16 RrqyggfprNdit'I _1....,,,..-tbal•copycCIO)'llDliccofdcftult ud DDlil:c oftalohoteunder be mailed to ii II jq o&lra,.,. lilnb II the~ of lhil Dad ofTlllll -19--· I') -0 -• IN WITNESS WH!!REOF, Onnlor IIIIS exccutcd 1hio Deed of Trwl u ofllie dale lint ahcwewrittCII. STA'IEOF WASHINGTON HOUSING AUTIIORJTY OF THE COUNTY OF KING By: Ol COUNTY OF KING ) Ju. ) " N 0 al i • On !Im day bcfon, 1111 pmonally ~ SlEPIIEN J. NORMAN, known« pnwod 10 me lo be IN E:«aiive llim:loroftbe Housing Alllborily of Ibo County of King. lhe a,uly that o,xecut,d !be wilhia .... folqoq inslnlmml, .... admowlodpl dud -to be .... free IIMI vohmlary act ...i deed of 1h11 enlily, for 'the mes IIMI pwposes inenlioacd 11,cma, 111d on oall,Olalt,J1halhowu...i..izaltoexoout1,uuimtrumcut. IN WlTJIESS WHEREOF I have.....,_ Kl my band IIMI offioill soaJ 1his i!!::_ day of Scpt<mbor. 1991. -· ~ .. -· ---'>-:"· '~ Z4•sf' A. ~ ( lgMlun, ofllowy) 1(1,-n1-"2y,/ A tMLT (LcJibly Prilll « Slamp Nun-of Noury) Nota,y )IUblic in aod for lhe...,. of Waoblngton. raidins at ::221-C4M d My,ppoialm<oteqircs 3(/~:;:t.. -1- • --• (IIJCAGOTJrUINSU!tANCECOMPANY PARCIL Ai L8GAL Dl!SCIUPTION T•ll Cedar• ProJ•ct Orde,No.; 5:Z:Z56' Lm 1, CITY OP ADB'CJRN SHOl:T PLAT IRJISER SP-U-110, RBCORDBO UND£R RBCaU)ING NtltBBR 1010090H5, IN KING CDUn'Y, ~HlltGTON: BXCBPT 'nlOSS PORTICWS THBRBOP CCIIVIYBD TO 'mE CIT'f OP AU8URN BY D8BDS RBCORDBD UIDBR RICORDING lnJIIBIRS ll010t06ll AND 97090l088JJ ANO EXCU1DI>KJ ANY "'1BU.E HCM&S LOCATBD 'nlBRBON. PARCEL B: LOT 2, CITY OF AIJIOUi SIKlRT PLAT NtKIER SP-14-71 R!VUIOM, REccmDID UNDER RSCORDtao lln.MIBa 8009270574, IN 11:ItlO COUJnT. MASHINGT0tf1 EXCLUDING ANY MOBlLK t0tBS LOCATBD tHIREOR. .. -~-~.,· ·-,~--, ,-~---1l.Rl -':'A-.. ,. .. -~""""''",·:~---'' ,-., .. 1 •••• , .• ,~ • ••'!!'°: "i•',~.••,',•a"c • \'.'~ • ;,,:,-_ ... -:;. ... --~ .-:,tc.1'.J[. <· .. ~ .. -0 -• CHICAGO TITLI! INSURANCE COMPANY Otdc,No.: 522S:HB LOTS l, 2. 3, 4, SANO 6, HI0081t YlLU.OB ESTATES, ollC'COaDltlC TO THI PLAT TH8RB0P", RECORDBD IN YOUJifl B8 OF PLATS, PAGE 33, IM UNG COUNTY', ........ ,,.,...._ Btddea V1lla9e Projec:t OIICMJO'ffIUINSUIANCl.COWANY ltt,11ll/r.lN'l2llti I') (1) " N 0 " (1) /i3 (1) • ----------,~'------ -0 -• . ... ,_ ..• ~ ,,., .. OIICAGO 1TILE INSURANCE COMPANY ON1et No.: 5:Z256'C PMCBL >.: n:s scum 75,.94 PBIT OP nu: NORTH 2.J!U.18 P£BT OF nlR WT 698.64 PEIT OP ntE HARVEY J. J0NBS DONATION LAND ct.A.IM 1'0. 3'; l"XCS:PT THB SOOTH 85 PBRT 'nllrREOP; EXCiPT THE !fORnt 60 FBBT OF THE SOUTH l t 5 FEST maR£OF FOR 17TH STRBIT NORnfKAST. AS t'alVIYED TO 'fflB CITY OP 1'C!IURN BY DEED AECCl:DED UNDER RECORDING ~!R 6018204; EXCEPT THI' BAST lO PEB'T T1f8RB0F FOfl •p STREET NOITM&\ST. AS C'tllfYBYF.D TO THI CITY OP AtJ8URN ey OHO RECORDED tnm!R RECORDING Nt.MBIR 6048202: IXC!PT ANY PORTION 1'HBJllOP LV'IRC WITHIN NORTH AUBURN 9. ACCORDING TO THE PLAT TffBRBOP. RBCORDEI> IN votll4E 115 OP l>LATS, PAGES 14 »D lS, IN kIHG CCltJHT1' • NAS1fIHG1'0N. PARCEL B: THE SOUTH 310.,t Pl!T OP 'nm NORTH 1,'34.24 FEST OP nl8 £AST 3'8.64 FBBT OP' THE KAIIVEY H. JONIS DON1iTION LAND CLAlH NO. 39; EXCEPT ntB IJOR'111 60 PIET 'nlEREOP 10R 40TH STREET NORTHEAST, AS CClfVBffD TO TM! C!TY' OP AOBURM BY D!EDS RE'CORD!O UNDER RECORDING NUtBIR 6C4120l A'ID 81UOIOS47; EXCEPT TH'E UST JO PBeT THBREOP FOR •r STREET NORTKF.AST, AS Cc»rlY'IYBO TO THE CITY' OP MIBURN BY DBEO RECORDED UNDER RECORDil'IG NUMBER ,0482021 EXCBPT ANY PORTI<»I 11IBRB0P LY1NG WJTrtlN NORTH AUBURN' 9, ACt'ORDINCi TO DIS t>t.J.T nll!:AEOP', "ECDRDBD IN VOI,t.Ji'IB llS OP' PUTS, PAGES l4 AtlP 15, IN ltING cotHTY, WIISHINGTOel • • I M en ... N 0 ... en ~ en -0 -• rnlCAGOTm..E INSURANCI! <DMPANY Otdu No;; 5J.2SS!IIO Ll!GALDESCa1P110K TRACTS A, 8 MD C, BLACk Ot»tOHD HCIOSING PROJICT, ACCORDINQ TO Tfll PLAT THBABOF, RBC'ORDBD 1" VCILIMI 38 OF PLATS, PAGB U, 1!1 KtJIG C'OONn, NASHINC'Tal. laioier Yiev Proj•ct ltgall/rla/UIIH ... i,-w~; . • ,,_·'':"',;,t,,. . . . . ~-~i~. - • -0 -• CHICA.G01TTI..E lNSURANCECOMPANY Order Nd.: 52256 91 UKIALDl!SallPTION THAT PORTlm OP TMCT 5, Prrrrrs LAO WA.SHIIIG"l'ON ACH nACTS, ~"'CORDIIIG TO THE Pt.AT TH!llOP, UCDRDID Di' WLlJ4B 11 OF PLATS, PAGB 1Jo9, IN KING COtlHTY, NASHINC'l'ON, D1SC1ll88D AS POJ..LCIIS: BSG11fflING AT THS INTBRSl!'t'Tiaf OF nui: WESTERLY BOUNDARY LIii£ OP nll BOnliLL ROAD 1flt11 THB SOlffltBRLT BCQIOMT LUI"! OF PMK BOOLBYMD; TK!llCB SOUTH 88•10'IO"' WEST AUIKJ THI SOlffltBRLY BOUHDARY LI!IB OP PARK BOULIYARD 611 FBJT, J«)RI OR L!SS, TO THE NORTHWEST CORNiR OP SAID TRACTS; 'THBNCK sotm! 01•10• IUlST Al.,Qi'G T11B EAST BOUNDAAY LINE OF 'ntE SNOHCMISK COUNTY ROAD TO A POINT NORnl O] •)tJ • ME.CT 11 l FEET PRCN THI S001HWBST CORNER OP SAID~ S; 'l"HtrfCB NOJlffl 7e•n•1s• Ui.ST TO ~1fB H!S1'81U.Y BOUJrOAkY' LINS OP 80TffBLL, Rl'WJ; THENCE liJORnt l!"'S' HAST ALafC THI WESTEJILY BOUN'C>ARY LIN! OP B0THeLL ROAD TO TI1'B POI!l"l' OF BEGINNING. Noodlan.4 »o~tb Project OIICAGO TI1l.f-iNstlRANCE COMP'AfrilY leoalll,lalUllH e -----11)------- -0 -• CHICAC.O TITLE INSURANCE COMPANY Onkr No.: S22S69f LEGAL DESCIUPrlON LOT "· BOUNDARY LINK ADJUSTN!N'T s,:zt.ous. RECORDID u,,m&R AECORDING IILMBBR 92H0SUS8, ALSC £1BSCRIEIED AS POLLOHS: THI.T PORTION or THE NORTHERLY S!15 FI.ET OF THE Na!THNEST 'J{JARTER OP TH6 S0UTHW2ST QUART!R OP SECTION 2'}. TOWNSHIP 22 IJOllffl. IU.NGE 5 GA.ST. Wltt..N'!ETI'E MERIDIAN, IN KING COUNTY. WASHJN(;l'ON, DE'SCRJBED AS J"OLLClfS, BEGINNING AT Tim INTERSECTION VP ntE Sotmt LINE OP THE NORTH 10.00 FE't:T OF SAID SU6DIVISION (ALSO &EING THE 5nmf RJGKT OF 'NAY MAlilGJN or sotrnn:AST 264TH STREET AS ESTABLISHED BY DEED RECORDED ONDER RECORDING rm,tBER 43'173), WITH A LINE PAAALLEL KITH ANO 440 FSET NESTERLY. AS MEASURED PERPENDICULAR, f1l(J,t TH£ BAST LINE OF SJ.ID tlORTtnl!ST QUARTER OF f'HE SOUTHWEST QUARTP OP SECTION :Z'}: THENCE SOUTH 01•J6•22• WEST, AL'}NG SAIC PARAIJ.£L LINE, 250.00 FEET TO THE TRU£ POINT OF B!GJIIN'ING; "rnENCE SOUTII 97•2r 2Sft Ek.<;T, PARAJ.LEl. i<i'ITII THE: ffORTII t.lNE OP SAID SUBDIVISION. 200.00 FtaT; THENCE ll0R1'tf 01°16'22• !AST. PARALLEL WITH THE £AST LINE OF SAID SUBOIVISIOH, 2S0.00 FEET TO TH£ SOlmf LINE Of' THE NORTH 30 FEl?T OF SAID SUBDIVISION 1 THENCE SOUTH 87•23• 25• EAST, Al/JNCi SAID Sotml LINE (ANO 1HE SOtml MARGINS Of SOOI11£AST 264TH STREET!, 198.0I. FEE?, NORE OR 1.£$$, l'O THE ~ST LINE OF THE EAST 42. 00 F'!!T Of' SAID SUBDIVISION CALSO BEING THE WESTERLY RIGHT OF WAY MARGIN OP 10-4-TH A"£NUE socmtEAST AS ESTABLISHED 11:Y D!!DS Ra:tlRDED UNDER RECORDING lfUMBDS 273977,t AND S880'930); THENCE SOUTH 01•]1!i•;n• N!ST. ALONG SAID WEST LINE Mb SAID RIGHT Of liAY' MAAG!N 565. 09 FEET. MOR6 OR LESS, TO T'HE SOtml LJNE OF SAID NORTH S95 FEET OF THE NORTiiWEST QUARTER OF THE SOUTtfNEST OU,U116R Of' SECTION' l!•; THENCE NORTH s1•21•25• WEST. ALONG S~IO SOUTH LINE, 373.82 FEET; THENCE NORTH 39•01·)0" WEST 145.95 FEET; THENCE KORTd QE,•40•00• W'!ST 160.62 FEET; THENCE NOR1lf 29•55•00· NEST 157.02 FEET. HORE OR LESS, TO TME SOlTrn J,INE OP THE NORTH 195 FEET OF SAID NORTHWEST OUAII.TER OF THE S0t.mnfE5T C(JAAT!R OF S!?CTIOtf 29; THENCE 50UJli a1•;u.•2s• EAST, ALONG SAID scxmt: LINE. H.02 PEET. HOSli OJI LESS, TO TiiE tlEST LINS OF' THt BAST 5)0 FEET OP S11.ID SUBDIVISION; ntENC£ NORTH OJ-36'22• EAST, Ai.CtlG TH£ WEST LINE, 45.01 PEET. to!ORE OR t.ESS, TO THE SOUTH 'LIN! OP THE NORTH lSO PEET OF SAID SUBDIVISIOtfi THE!iCE SOrrrH 87'2)'25• EAST, ALONG TH£ SOlml t.JNE, '90.01 FEET. HORE OR LESS, TO THE KEST LINE: OF nu: EAST 440 fi;ET Of' SAID SllBDIVISlctt; TH ENO.: SOUTH O l 'n' 2 2 ~ WEST, ALOH'C. SAl D NEST UNE, 12,. '33 FEET. ltJRE OR LESS, TO THE ~UE POINT OF BEGINNlNG; EXCf.PT THAT PORTION LY]NG SOlITHERLY OF THE f{)LLOtfJNG OESC'RJ8£D LlNE: • '1 "-.-. • • -0 -- •••••• -----·--- (~ Ll!GA1. DESCIUPl'ION BEOIIQJING AT nfB ffl! INTBRSBCTiat OP 'nm sotmt: LINI Of' tHS HORTM l0.00 Plff OF SAID NOR'l'HlflST 0UMTER OP THE SOOTHnsT QU;\RTElt OP SECTICII :z,, MITH THB WlST LINI OP THI IAST 42. GO PUT Or S1t1D SIJ8DIVISIQl ISAID POINT &SING THE PTERS~JON OF TIii SOUl'IIIRLY MARGIN OP .SOUI'Ru.ST 264ffl S1'RE£T WITH THE WISTBRLY MARGIN OP l!Mnt AVENUB SOUTH!AST) ; THENCI SOOTH D1•J6•22 .. lf!ST, .\LCtfG 'DII WI.STIR£,'( MARGIN OF SAID lOt.'ffl AVEM.11 SOUTHWT, 556. 09 FUT TO 1111 TRUE ro:nrr OP BEGINBil!IG OP nf£ HEREIN DESCR.IB!:D LINE; TMDC't JQ:rTtf a,•s,·oo• NBST JS.4.0 FE.El': numca: JJCRnl n•n·oo• NBST n.,o nBT, THetlCI lfORffl n•oo·oo• WIST 65.]D PSET: THBIICI: »tit™ e,•44• 00'" N!.$1' 67 .00 PB!T; TH2NCJ saJ'l1I 17'08'tO• NIST SO.GO PEET; THSIICI! IIOlml 17'23'25• WEST 10 Ml Itn'ERSE't'Tlat WI111 ntl NIST 1INB: OP TilE UST fJ0.00 FIBT OF SAID SOBOIVISIClil AlfD THI TERMINUS OP SAID LDIB. PaTltwood Project • -0 -•• CHJCAGOTITt.E INSURANCE COMP'ANY OrduNv.: 5241569G l1!0AL D1!5C1Uffl0N ALL UPITS OF IWAIO'I' PARK, A CORD(JIIMitJII. SUIVEY MAPS MD Pl.MS RICORDBD IN VOL\1118 9S OP" CONoaitINIIMS PAGES 12 TtCRCU;H 5 5, DCLOSIVI; COIIDCJIIHJlJII DICLARATICNS RBCORDED OND!R RECORDING NtJIIIIIRS ,005301822. 9'00S301l24., 9Q0SJ01l26, 9005301821, 9005JOI!!IJO, '900SJOUJ2 .MD !JOOSJ018l4, IN 11:I!IG: COUNTY, NA.SKIIIGTON. Valaut Park P~aje~t 1.il/rl:./1:n.m 0 -0 -• CHICAGO TTl1.E !NSUAANt.'E UJMPANY Order No.: 522SOH UGAI. DESC'RIPJ10M PM.CEL A: Yan~• .. Clan Project(aka V••tview Villaae) Th'!: ltBST 31' PEET OF THE EAST JU FBST OF THE NORTH MALF OF' TME NORTH tuU.F OF TMB SOUTH&.\ST QUARTER CF Nam&NESf OOARTIR OF S!CTlctl )2, TONNSHIP lJ NOR.nt. lANGB EAST, NILLAMBTTE MERrnIAHI 1>1 JUNG cOUJn-T, NASHI!iGTON: £XCIPT THE NORTH 30 PHT THERIIOF, C<'IWEYED to KING COUNTY FOR SOUTHSAST 180TH STRB£T BY DEEDS RECORDED UNDER RECORDING NIMBERS 9401040"14' AJfD 9 70 5050,25 , PARCEL 8: THE NEST J)O FEET OP" ';ff£ .1AS7 310 FEET OF nf! SOUTH KALP OF THE NORTH HALF OF 111£ S0UTH2ASI' QUARTER OF TH! NOR1'HW2St QuM.TER OF SAID SECTIQ!ri ]2; EXCEPT THE SOUTH 15 FEET THEll:EOF. PARCEL C; THE WEST l 14 rErT OF THE SAST 6H PEET OF tHE SOU'l'H HALF OF 'nlE NORTH HALF OF THE SCUJ'HEAST QUARTER OP nlE NORTHWEST QUARTER OF SAID SECTION l2: EXCEPT 'NE SOOTH 15 FEET OF TH£ EAST 50 FEET THEREOF, PARCEL 0: THE SCDTX fQLF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OP' TiiE HORTHWEST QUARTER OP SA~D SECTlOlf 32; EXCEPT l1fE W!ST 160 f'Elrr n!EREOF: AHD EXCtPT THE EA.ST 6641 FEET THEREOF. PAACEL E: THE ~T 85 FEIT OF nfE TAAT PORTH)N OF THE lfORTifW!ST QUARTER OF nu; NOR'J'HWEST (;VAATER OF Sn-T'ION Jl', TOWNSHIP 23 NORTH, RANGt: S EAS'T, WILLAMIITJ'E MERIDIAN. lN KJNG ctlUfTY, WASHINGTON, DESCRIBED A.S POLLOWS, CCNilENCJNG AT THt. NORTHEAST CORNEIi OF SAID SUSDIYISlOH; bfENCE SOUTH o•26'S8• NEST ALC11C nt£ EAST!FILT LINE OP SAID SUBDIV:SION ))7. 02 FEiT TO THE TRUE POlNT OF BEGINNING; nl!NCE SOUTH 86•H•24• lf£ST 15'.32 FEET; THENCE SOUTH 2•2~·54• WEST JJ&.52 FEET; THEN:E SOlll'H J6•J9•20• NEST 16"5.CIO FEET TO TMJ: EASTIRLY MARCIN OP' CAAR ROAD; THDICE SOflTff 2°2t' 'S,t,• WEST ALONG SAID !AS'J'ERLY MARGIN 70.10 FEET TO -' POINT OF CURVE: TH6NCE S0l1TH!!RLY "1.0NG SAID f:A.Sn;RL'I' LINE FOLLOWING A CURVE 1U THE RIGHT HAVING A R.iWIUS or 2H.l8 FEET. AN MC DISTANCE OF 187.5) f'BET TO nu; EASTBRLT MARGJt,l OF A PRIVATE ROAD; .,c'" •• • I 'I .. e -.-----0 -• Ll!Glt.L DESCRlfflON nlENC! SOUTHEASTERLY IN ,\ STRAIGHT LINE ~ THE USTERLY LINE OF SAID PRIVATE ROAD 120 Fl!ET, MORE OR l.£.SS. TO A POJRT IN ntE: SOUTHERLY LIN£ OF THE HOR.TN HALF Of' TKE SOUTHEAST QOAATER OF THE IIORTHNES!' QUARTER or THE NORTHWEST OUMTER DF SAID SECTIOff DISTMIT ScurH 86•5,,•15• W!ST 342.07 r'EET rRCl'I THB EASTEAL't t,tNE OF SAID SUBDIVISION'; THENC! ltORTH 96•5,' Ui'" EAST 142-01 FEET; Tl-lENCE NORTH 0•2,•sa• EAST ALONG THE EASTERLY LINE OF SA!D SUBDIVISION 67, .. 04 FEET TO THE TRUE POINT OF BEGIHHING; EXCEPT ntAT PORTIQf THEREOF COIWEYE:D TO KING COUNTY FOR CARR ROAD BY DEl:D RE:CORDECI UNDER RECORD.ING IM48£JI. S816158. PARCEi. F: Tit£ WEST ]60 FEET OP nu: S0tmt HALF OF' TtlE NORTH JW.F OF 111£ SOU"l'Hlo\ST QUARTER OF THE: NOIUllWEST QUARTER OF S£CTIQr1 32. ~SHIP :i!J HORTH. RAYGE 5 EAST. Hll.l.AME'rTE Ni'RIOIM, IN UNG co.nrrY', NASHINGTON; Al.SO M THE SotrrH too PBIT OF THE 1'1ES1' 05 FEET Of THE NORTHEAST QUARTER OF THE IIORTHWEST O') QUARTSR OF S£CT10tf 32, 1tWSHIP 23 NORTH, RANGE 5 EAST, NILLAHETTE MDIDIAN, Ilf 1"f KlllC COUNTY, WASHINGTON; t,J f!XCEPT nu, NORTH l7 rEtT OF THE WEST ].80 f'E'ET OF THI:!: &\ST J75 FEET THEREOF; AND 0 &XCEPT ntAT PORTION TIIERECf' carvEYE'D TO KING COUNTY FOR 105TH PLACE SO(Tlltl:?AST 8Y ; DEED RECORDED UNDER RECORDING lff.l,fB!R 8705050!;26; ALSO g TH£ lfORffl tw.t OF' TKE NOR'l11 HALF OP ffll SOUTHEAST QUART£R OP THE NORTHMKST a) OEIAllTER OF S!CT[ON l2. TaMSHfP 2'. NORnl, A.AffGE $ EAST, IULLAHETl'E MERIDIAN, IN KING COUNTY. N.\SHUfC"l"C»l; EXCEPT THE EAST 366 FEET nmR!Of'; AND EXCEPT THAT PORTICff THEREOF C0WBYB[;. TO KING COUNTY FOR SOtmfEAST lllO'nl BY DEED RECORD£D UNDEI RECORDING N\IM8Efl: 8705050927, PARCEL G: 'ffiE SCOTH HALF Of' THE SOOTM&AST QUARTER OF' THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP n rmRTH. RANGE 5 E.UT. NILt.Ni1E1TE HERIDIAll, IN KING COUIITY, "IIASHINGTON; EXCEPT "ffiAT PORTION OF' THE EAST 430 FEl'r TIIERBOP' LYING NORTH OF THE SOUTH 210 FEET OP SAID SOUTH HM.I; .\MD EXCEPT THAT POJl:TIC.W OF OF SAID SUBDIYISIOtl DESCJtIBED AS FOLLO'fS: C'Cl'ttENCINO AT THE sotmfEAST COIUIER OF nil CF SAID SUBDIVISION; 1llENC£ S0l1TH a,-M· )7• ".!ST J.L0NG ffl? SOUTH LINE OF :!.Alo SUHDIVJSION, A DISTAtlCE OF 40. 02 TO 1146 WESTERLY RIGHT OF WAY FOR STATE ROUT! S.15 AS CONVEYED TO THE STATE OF' W.I\SHINGTON UND!R RECORDING 111H:1£R J209190322; nlENCE NORTH 01•2i:;·10• EAST. ALONG DIE WBSTERLY RIGHT OF WAY, 210.13 FEET 'IU nu; SOOTH LINE OF ~E ltORTH 2'9.U F'£!T 01' Tlft Sot.rm 479.U FEET OF' THE llfORTHM&ST QUARTER OF' SArD SECT:.'.OH 32; THENCE SClTfH 119•44•31~ WEST, ALOlilG SAID sotmt LINE. A DISTANCE OF 93.19 F'S.ET; • .,c 0 -0 • (~ LEGAL DESCIUPTION THENCE SOUTK ,s•s1·s,· NEST. A DISTANCE or 51.Zl F'E£T; THENCE 5CXmi 8'J'26'H• NEST, A DISTANCE OF 10.00 FEET; TIIENCE SOUTH 4!1•]1•17• WEST, A DISTANCE OF 54.57 f'E!T: THENCt SOU'nl 26•so· n· NEST. A DISTANCE OF s,.1, FE£T; THEt,ICE SOUTH 89'25' J7• WEST. A DISTANCE OF 20.00 FEET: - TiiENCE Sotn"H 01•2,·10" NEST, A DISTANCE or lCS.00 FE:ET TO THE sotm( LINE OP 11fE NORTHWEST QUARTER Of" SAID SEC'l'J()el J'l; THENCE EAST ALONG TH! SOU'nr LINE OF SAID SUBDIVISION TO THE TRUE POINT OP 8EGINNING; £l:CEPT ~!: £,\ST JD THEREOF COlfVEYED TO KING COUNTY FOR 108TH AVENUE SOtn'HEAST BY DEED RECORDED UND£R RECORDING NtJolBER 791761; AND EXCEPT THE NEST 10 FEET OF THS EAST fO FEET CONVEY8D TO ntE STATE OF WASHINGTON FOR SR 51'5 (108 AVD'f!JE SOtml!ASTl BY DUD RECORDED UNDER RECORDING NOCBER. 7305150405. PAIK'EL J-1: THA.T PORTlOli OF THE NOA"llftAST QUMTER OF 111! S0UI1IN£ST QUARTER OF Si!:C'rION 32, TOWNSHIP 2J ROR'rn. RANCE 5 £AS?, NILI.NfETl'E Ml!RIDINI, IN ICING ccurn, WASHING1UN, DESCRIBED AS FOLLOWS; CDNENCING AT THE NORTHBAST CORNER or 11iE SOUTHWEST QOAAT!fl OF SAID S!CTI(lfra 32; THENCE sotml 89'26' 37' WEST ALC:fi'G TIIE NORTH LIN! OF' SAID SOUT1fW2ST CDARTE.A, A DISTANCE OF 40 .02 TO TK! WES'l'ULY RIGHT OF Mr FOR STATE ROUTE 515 AS convrtEO TO TH£ STATi OF WASMI»GTON UNDER RECORDING lf\JIBIR '12091.90)221 THENCE NORTH 01•2,·10" BAST, IJ.OWG nni: NIS'TeflLY RIGHT OP NAYP :illO.lJ f'BET TO THB SOUTH LINE' or THE NORni l0.41 FEET OF THE SWTH n, .• 1 FEET OF THE NORTHW£ST OUARTER OF SAID SECTION' 32; THENCE Sotn'H 99•44• Jl • W£ST. ltl.ONG SAID SOU'l1t LINE, A DISTANCE OF 93.H PS!i; TIIEltCE sount ,s•s1·sr NEST. A DISTANCE or 51.22 FEET; TIIENCE SCX!fll n•25•17• WBST, A DISTANCE OF 80.00 f"!ET; ffliBCE SOUTH 49-38'17" NEST, A DIS'TMic1!: OF s,.n PE£T; THENCE SOUTH 21!i'"50' 38" WliST, A 0ISTANC6 OF 56, 39 FEET, TIIENCE S0l11'H n•20• 11• NEST. A ~ISTMCB OF :;zo.oo FEeT; THENCE SOUTH 01•20·10· WEST, A DISTANCE OF 1os.oo FEET TO 'THS SOlm' I,INE OF THE N0RTH1f!ST QUARTER OF SAID SECT IC. J:Z; THENCE Sotn'H n•2t;•37• WIST, ALONG SAtD SOOTil LIN£, A tlJSTNICE OF 79).50 FIST TO THE nuE: POINT OP' BEGINNIHG: TH!1'lCE SOUTH 01•20•07• NEST 175.50 PEET; THENCE SOUTH U'"26' ]1 .. NIST 175.5"1 l'EBT TO ?Ht: EAST LINI or n<E NEST 1.0 PEET OF THE .NORTHEAST QUARTER OP ms S0l7111lf1ST QUARTn OP SAID S6CTI0tf 32; THENCE NORffl Ol'".l0'07'" W!ST, 1.LOffG SAID EAST LINE. TO THE !ilORTM LINE OF SA.ID SUBDIVISION; THENCE EAST ALONG SAID NORTH LINE TO 't'MK POINT OF BEGilfflIHG. ~ --. --···, . ~~ ,.,.p~-::::.~. .-. ., .. RECEIPT EG00020004 BILLING CONTACT Tim Locke King County Housing Authority 600 ANDOVER PARK WEST SEATTLE, WA 98188 REFERENCE NUMBER FEE NAME LUA14-000226 PLAN -Lot Line Adjustment PLAN -Modification PLAN -Site Plan Review -HEX Technology Fee Printed On: 2/21/2014 Prepared Bv: Roe.ale Timmons TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment r ¢2 City of • 1 1;.t IJI [)SJ Transaction Date: February 21, 2014 PAYMENT METHOD AMOUNT PAID Check #239772 $450.00 Check #239772 $100.00 Check #239772 $2,000.00 t:heck #239772 $76.50 SUBTOTAL $2,626.50 TOTAL $2,626.50 RECEIVE[) FEB 2 I 2014 CITY OF RfNroN P/ Ar\Ji\Jt,\JG D!·/!\!ON Page 1 of 1