Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutReport 01Johns Monroe Mitsunasa PLLC A'ITN: Ouana Kolou~kova 1601 I 14 1b Ave. SE, Suite 110 Bellevue, WA 98004 ,,···~ .. - AUDITOR/RECORDER'S INDEXlNG PORM ·. i /'3-COO 70_3 1111111111111111 20070913001301 ~Sf !!!/"TH l!IIS 47 .N '"""w, n~ .. KING COUNTY, "" EXCISE TAX NOT REQUIRED ~~~ ~-.Deputy :.d&i,;5~ ·· .. Thl Slorh1W~ter and ·sanitary Sewer Easement Agreement is hereby ·6x~5i1ted by Arthur f(._J;astman ~n'd _::WaUI1.·Cfa: M) Eastman, and their marital community, ("Gra.iltors") to Price Propel'.ty LLC ("Graniee"): . . -,~ ·: _;: ,• RECITALS 1. Grantors arc 1J;·e,"OWJ1ec~ o{ the r~;(· pi~pcrty 1"6gally described as follows ("Grantors' -· .-·: ,. •', Propel'.ty"): .,. BLOCK 2, LOT 9 OF r-1~NEY cR'.fEf PARK{on;1,r~~/sITtJATED WITHIN A PORTION OF TIIE SOUTHEAST,QUARTER .OF .. SECTJON ~. TOWNSH1P 23 NORTll. RANGE 5 EAST, W,M .. , .. COlJNTY ,.OF\ KINCC°'STATE OF WASHINGTON 2. Grantee is the owner of the following real ~';~~~:.t;:.-·~ .. 9;'.~ntc{:s.I(oJrty,;.i(,, BEGINNING AT A POINT ON T1IE EAST LI~~rn/sAiD SUBh°1fis16N}37j' FEET NORTH OF TIIE SOUTHEAST CORNER TI·IEREOF, SAID' OOJN'[BEING . Tl-IE NORTHERLY MARGIN OF STATE ll!GI-IWA Y Nb.;' 2 '(Sl,JNSlfr: HIGHWAY): . .. ' . ,)'tormwater and Sanitary Sewe,· h.t.1sement Agreement -Page 1 of6 :.J'HENCE WESTERLY ALONG SAID SUNSET HIGHWAY 300 FEET TO THE /J'Rl,J13·POINT Of BEGINNING; .·.THENCE.NORTHERLY PARALLEL WITH SAID EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 145 FEET; :!'HENCE EASTERLY 300 FEET TO A POINT ON SAID EAST LINE WHICH rs /145/fEET NORTH, OF Tiiif'NORTHERLY MARGIN OF SAID SUNSET IIJGHWAY· ,' . . . . rtiENCE N,ORTH Al.ONG s.&;ib EASTUNE TO THE NORTH LINE or SAID SUBI)IVISION)3EIN<iTHE NPRTHEAS'r CORNER THEREOF; T!IENC}: WEST Ai'.Ol:IG SAii)·NOR[Hi!NE)84.62 FEET TO A POINT WHICH IS 170 FEET EAST OJfTHf: WEST LINE.OF SAID SUBDIVISION; THENCE soucrir, l'ARAJ.,LEL TO. SAID WEST LINE TO THE NORTHERLY ~ttN°dt ~:~Y.~lt~H~~gitx~;£ Sill.SB'i'' HIGHWA·'l'JO THE TRUE POINT OF BEGINNING; . . .. EXCEPT THAT PORTION .,nJREbf CQNDt1v11'lEd TN' KING COUNTY SUPERIOR COURT CASE NO. 742207 Ji6R SUNSET0 Hi(iHWAY;''•,,. ·: ' .. ,· ' . ·' srrukrJD.fN THE CITY OF RENTCiN, co:vNTY OF I<JN<CFATE ,6F/ WASHINGT6N. J. qr~nte1:{fs''·i~ th/process of developing Granlcc's Pro~·~"r"t{ 4. /~·tomi(atq/ confrol for Grantee's Property will require· tha/a···stofinvrt';ct,.."~utf~n pipe be /' extcfldcd t.hrouSh a,portion ofGrantors· Propc11y. · · ;, ,;' _,. " ·' ··· .. :5_,. Sa~itaf)' sc~C-~/for ,Gr~t~e.·s Property will require that a sanitary sewc/lihe be extended ·:~~·ough a_.pOr_rion .~it G)'.anto:l's' P_~op~rty. · 6. The parties t;lcsi~ µ,· cr~3.tc" easement~ allowing Grantee to design, constmct, repair ~nd maintain the ·p_ortiO~s o:f\~·e St?fnlWater cqlltro_l system and sanitary sewer to be located on Grantors' Pml)ec~y _a.J)d-to.;ded.iCate o'i'·al.lo'?i m~.fnt~1~_~nce of the same to the City of Renton. EA~EMENTS~NI) Ad~~IWENTS In consideration of the mutua/k~ncfit~(~-~/~r0;l~~ise.lsef/o~~ h~:111:--u~.e parties agree as follows: 1. Q_rant of Stormwater Easement}:·. G11U1tors/.-hei~byr"g~~nt a1~~-~nvey to Grantee a permanent, non-exclusive easemcil'i:'··fiil"' a ston_llwac"~r e8."scment. a!JO:Wing construction, repair, maint~nancc, monitoring and o~ratfm~::'of ~·' stor.inw9l~r .9utfafl pj.pt:!'"th~pugh and across Grantors' Property. Such casement shall .. h~·:fifiG.~n feet (.fS').-fo-~idth_ and·:.~hall be located as generally shown on attached Exhibit\\. A!_i coilstrl)tlion· ... :fnain~e:rrancej r~pa.lr_ and use of the storm water system in the ca,;emcnt '-~~I b¢. do;ia·· in .~1_rt~lian_.Ce_,\.vit}i- adoplcd laws, rules and regulations of agencies with jurisdictt~n./ ·' ,. Stormwuter and Sanitary Sewer Easement Agreement -/'age 2 of6 i ·0:Qranl of Sanitary Sewer Easement: Granlors hereby grant and convey to Grantee a -rie·rmancnt, non-exclusive easement for a sanitary sewer casement allowing construction, ·rcpair/1naintcnance, monitoring and operation of a sanitary sewer line through and ncross .t·'G:ranto!s' Properly, Such easement shall be fifteen feet (15') in width and shall be ·· lckat~d a,~,,gC!lCta)ly shown on atlached hxhibit A. All construction, maintenance, repair arid .Us/ of the slii1i1ary seW~r' line in the easement shall be done in compliance with ./adoPteci law(h.1le~ian~0f'Cgulqti.bns of agencies with jurisdiction. . '.:: .-:: .(.. .,.' .:: / ./ '.• ., ...... ,, ... -, .. t . cOst.'· of ~csi1£;1, Pkrihitting, ··c~nS .. ~·ucti¢·; ... ~~oµir, Maintenance and Operation: Grantee ···shalt bc··:sofely /i-espOnsi.Pli:(.for alJ_··"'CO~fs qf desjgn, pennitting, construction, repair, main.ieriance qnfi re-j:mir .~f the;. storm\v~t,ef,s:Ystem improvements constructed pursuant to Sectiori"'I·,of.'tl;is J\gre~ent,:.t~ccpLh.::·O~rwisc specifically provided in this Agreement. 4. Restoration. lf;/~n .t.li: ex.icisl:ri1y_ .. Agh.t--tO····us9 .. _tl1e Ea~i~tl~nt Area, or the property adjacent to or abOvc µ"f b¢.IO\~r' th~·: ~iaScment · Area, ti"~c /l~asement Area or any improvements or adjace!lt property is'.djsturl)ed',Or diunagctl,''then the pa11y responsible for the damage or disruptiOri' sha'll, ~t"thBt pity':{SQ,le' coit ai.)d expense, restore the same to its condition prior to its d'a.wage .:'or d"isruptioi{ .-:-The/fo:ascment_ Area is t]:le area described in Paragraphs I and 2/abo:~e. \11iin,tor sh:au r~ta~ th~. r~"g}u to m~ify and I11:iint8it~..J.andscaping on the easement 8\;a in any':·~lnnc/ that' daes ll.fJt i;~crfc~ wjih the ~_1itended fr~ of the easement by Grw1tee. ··· ,, · · '""····· ,, · i ' 5 .. ·' Acc¢5S\and :jvfaintcnance of Easements by Cit/OfA{eQion .. ::· .. ·6dlntor:~{ s~~ll .. fuake the Ea,sCmcfit A~a and improvement'> contained therein acce's.~ibfo ·10· the.,cCitY' o(-Rcnton for tbC purj,ose~(of maintenance and monitoring as needed. Grank;lrs s_haJfnofprotcst and ihall .d"edicate ~itbo.9t additional compensation the easement ai~.9i: ~l'iy p~i-tion thereof /to tj:16 City' q.f"Rcntof(i~ the event so requested by either Grantee ·or tJ1e City of Renton. ti{thc ~.it~t pefmi~tc<f)y Renton, any dedication shall reserve GrantOrlright to use the dedicatior;1:arc~r'8s pt!rmitted by the agreement. ,· . ' " .. .,-·" ,.,. 6. Conside~tiori·. f~/ EaSCrri~nL'i: ._ I~\:onsideration for the following and other good and valuable ~nsiderati.~:fo.j"or 9,e··$ton~w,#ei:_:and Sanitary Sewer Easements, Grantee shall construct a'··six (6)..fooi high cectar..ftnc_C alotlg tl)e property line shared between Gnmtors' and Grantee· i~i-Opcrti:t!g. ,\The Granto~ "":iii h9i~C:.no responsibility in maintance of the 7. :~l:ation ofEaseme~t~'b¥;,~nfo:: ;l~tl,6~vemtC6,antee is required by an agency with jurisdiction to relocate the ~JonnWatt!r ai:,cl si\nit~uy.sewef-.. 1>¥s.tcm within Grantors' Property in order to comply with app,licab_fo t:liles . .,-'Bnd:_' regulatioriS, Grantee shall be permitted to relocate the easement, ·pi•Ovlded··or8ntei shaJ1 provide written n?_tice of such change to Grantors. Grantors shall hav~·fot:;rtl!en (l4) d.3·ys after.-:'rec~iPt.of"s'och notice to object in writing to the relocation. Grantor{:rp<!-; objCct ...fa th·e n:lqC~tion only. on the grounds that the relocation will adversely iillPact )the .:·value of X1tility::·ot o'f.antOrs'. Property. Any such relocation by Grantee shall be at Grarite~t~ sqi~}:xp_~nsp">=' · ·· ·. Slormwater and SanOary Sewer Easement Agreement -Page 3 o/6 ·.,Amendment of Easement in the Event of ReMlocation: In the event that the stormwatcr .~fsten1. improvements which are the subject of this Agreement are relocated pursuant to the tenl)s of this Agreement after the completion of initial construction thereof, the party /'·re~ponslblc for such relocation shall, at its expense, obtain a survey of the relocated as· · bl:lilt 90n9itioil'··of the stOrmwatcr outfall pipe and outlet location. The parties shall, fbllo.Win·g complcii9n of .thai"'Sl.\fVey I record an amendment to this easement adding a ,;-'leg_l-:l,f ~Cscr.ipiiqn of th_c·'-:d'ew a_s.~built location of the improvements as the center lines of -" ca.c'h :Of th,e" cc1~_6ment:lcreatetf6)' tl1Js·Agr~cmcnt. . ~-. ' 9 .. ,.~igli\. o{,Ac'~ess-( f,"~dn~e;-~/~hd/a~hof;~~·:~;ilgcnts of Grantee shall have the right, at reaso~,ble ti(!,le"S, -~6 CI}t~r llpon G~n~_dr(./Properly and make inspections or tests for purposc·s·of·deter.minit,1-8 fea(jibili_ty_.-:·ll!Tdlo.r designing Grantee's stom1water and sanitary sewer improve111:hnts'./· Suc~':worf"S\dil ~{~ done at Grantee's sole expense w1d liability, provided that dra,nt_ec is_..:'hot .~uth.1iri1,~ t~.--cond~1ct any 9Ctirities in connection with Granters' Propcrty"°\Yhic)l. wil.f r~Ult il·{ ~nY liens h~ing filid against Granters' Property, and provided further thRt._ Gr~n~~ agri:e..s" to _})old. Gr~ntori;:·ttaimJcss from and indemnify and defend Grantors froi-r(E\11 HabHjty..-:,lncl_udinli,.~nY lir'nS·;·:.which a:iises from Grantees' activities on Grantors' Propert{--.J_r{thc_· ev~it that a '1ie1f'is ijfed_ ~.gai~~t Grantors' Property as _,th!!: _ _result of Grantee's activitiCs, GrantCC._.s~.all imined.fal~_lf take 'alJ. reason11bl(!._ steps n_e"Cess"S.ty_ to remove such lien and to piQ_tcct Gr3ptotS against·li~R.itity re~~ltin1r.froefi such .a: lien. ·.· · ·' ·· · · · .: t.¢(Mai£~-~tlan~~-of Improvements in Easements. G~~n\¢·~ ~ll .. b<f'S9Iely .. ~s,,-b'~sjb:~e, at its c9.St, ftjf m~intenance and repair of all improvements (insiitlled in ,,th~/"eas!:inent area pUrsua,ftt t~:/ this Agl.'ecmcnt, provided ( l) Grantee \m~Y.·tass,~"S,n_._:: its /rights and . ./ _._.-l'esp9hsibiJilie.~-to-~y public agency with jurisdiction, and (2) q_~a~te~'may" dedicate the / ·\ .. case'rncn_t:and· storrnW~ter system.improvements therein to the city o_fReµlon or another ·: .. \. a&cncy,._.:WJ(h juri-64ictk,.n over the stormwatcr Ol' sanitary sewer sys·tenl Both parties \.. agr~/to/ exgc'~te/ any° an~_ .. ,all docwnents necessary to complete any transfer of ·.,.,~~ti"Omd_bilitf. fo(Illai_#t(?na'Tlcc·-~nd_ repair of the improvements in the casement area to a public a&enc·y .with Wi-i_Sdictiq~1. ,, 11. Covcnant'S··,Run Wltit: .. thc Land. :aruf/R¢h,;ding. The benefits, burdens and obligation~ set forth in this Ai£i-ee~nt ~re \ntendecfto, .!lhd ~liU, run with the land and shall be binding upon and inure to th~ bC·nefit:-9.f t~le G_rllnto_ts• Pfop~_ty and the Grantee's Property, the present and future oWiw_rs the.~of'anQ-·:.-thei_{resp"Cc~i\le·-.1:te_i_rs, assigns, successors, tenants and personal representatives·.' 'up_?·" m~tua_t'Cxe.c"i,t!.,On, tbi{Ag~ement shall be recorded. 12. Agreement to Dedicate or Sign .. ·\J_n t_he:·everil ili.~t q:f~;l~ee isi~~q~·lred, as a condition of receiving public utility service, to ii.i;s·ig'n or:.cledicatC. any/portiou of the casements created by this Agreement to a public agency, ihe:Pa_rt'ics,.a'grec{°io ~lcc~te s~iCh,docurnentation as may be necessary to complete such assignment.pr· dc~.iCatron. .. .· .. II Stormwarer and Sanitury ,)'ewer Easement Agreement • PaK(1 4 qf 6 STfTEQF WASHINGTON) . . ) ss. COPNTY. OF KING ) ... ,/· 1 ¢~rti.fy thilt I _iinow·othu.~c satisfactory evidence that Wauneta M. Eastman is the person who appeared ., ... ~ .Pcfore me' an.d signed. this)nstrur:11CJlt··on oath stated that she was authori7.cd to execute the instrument ,:~~.d;'~ck1:1'bwJCdgedJ(i~· be Jic(fii~c ~q~fvoluntary act of such party for the uses and purposes mentioned in the in~?J;,:~i/h?1,,'·,( .. ,_ ) Not:t{l\l~llillt/ii, .i ' ,,, Gt,\ AD ,,, .· ~',,.'\ "'. .•.. ::. "It-:'''-' i ~ ~·=~,15~ION t~'•. /."'~-' ~~."~ '°c.u· ~ :· §'i.f!+o'tAl/y \\ {~/ ! :a ...,e~ :•:·· =•~ ,._ : :: :;, ·. Pue'"'" /~;: ';_·&·· • • !:' ~ ._<DJ: •• •• 0s,2a11Qi.\···~$ .. . ·~'---'-_(. -- . ·· Jl1C1$±fil WJLi..i. (Print Name) · Notary Public•· .i" i ........ Resic!ingat ~af±/f(W/{_· . ./c My.~ppoi~lin<;mt ";XPi'.:~' .r1/r1f ;JO!t)_j__ '"",~,-·"'' . ,. .. · .. ""---·· . _,. ·• STA'tior,, AJrnJ'oTON ) COtJ~TY~F,k1NJ' , ... , ;ss. _,. _·. I ~~it; !y t~:; I ,k~<i(_ <>,{ h~vc #atisfactory evidence that Johoofm'J W~~~;he person who appeared before "tne ... and sajd persori ac_kno,vlcilged that he signed this instrument, on oath stated that he was authorized to cxeC\1te t.hc .... :i~stffi,~~nt a~d a·c.knowledgcd him as the Managing Member of Price Property LLC. to be the fr~e 311d v,01.~·ntarf -~~t cf s_ucl\ party for the uses and purposes mentioned in the instrument. ··:,., . ,,· .. ·' DATED: ~1~~./Xf)J' "~' ··.,, .. ~M--.----'nns+ea. w"""v.::('-s-,,-""'.· --''--_ '-_-"-(P-r""in""i-lllamc) Notary Public ,' ,:-_/ .· / ,.:--\, :, . Residing at -5f!J.fl:/~ · , •,' : ' My appointment expi~c~:03./ .. ':i/lj?O.(f) .,. ,. :.,,.··-· ,• 405-1 !'rice -Ea.~rmcm Sewer and Storm Ea.~ement 7-26-07 Stormwater and Sanitary Sewer Easement Agreement -Page 6 of6 STAfE oFwisHi)'JGTON .,· ·' . ., •' .. .. .. COUNJ'Y OF'KI~6 GRANTEE: ) ) ss. ) i\:er~i fy that I)(~~~l\y o,rh;~e satisfactory evidence that Arthur E. Eastman is the person who appear:ed,.befOrc foe i.md sJ&ne4 th.is· iiiStnqnent, on oath stated that he was authorized to execute the instrument aljd a~kn_9:W1e~g_e-d it to be lii~ free and voluntary act of such party for the uses and purposes mentioned ilfthe iµStrumc;nC \ > DATED, >a.fiiZa6o 7i \\1111111~ 1 ',, ... ' •', S1ormwa1er and Sanita,y Sewer Ea.rement Agreement -Page j ,?f 6 ./.,..,· ./" EXHIBIT "A" < . LEG)U. D&SCRIP:tION: i hi SAN!TAR'{'.$EWER ,AND STQ:RM DRAIN -:~Y&.fF.M EASEMENT: El\ST~AN TO .,{l'l''{ or/REN°'fON .. ,. ·· .. ,· 'l'HAT POR'l'!ON ,.X)F _LOT ~/ n;;6C·~, ~:':>~ONEY CREEi~ PA~_K, ACCORDING TO 'J'H~ PLh'f Tiu:R.,;01,' REC.ORDED IN VOLUME· 59· .. 0F PLAT.s> •. PAGE {S) 57, RECORDS or KrNG-··'·couNTY ,._,.-.:-w~~·111~&·;10N, 0ESC~1RED/As/Fou.ows: :u~!R~io~~ ~N~H~A~i~~·~.~JN~/-~~i~-~~,f!~.;w,6~.t'~~~-=-~·:~~D;'~.· ~g ~~~T L~~T Of' I\ CENTERLINE BEING M0RE}PA~TI¢~L~~l,Y D~:;'sc~-iB~J::f')\°S"·'·-rqLLOWS: f B_~:(n"NN\NG AT 'rHE SOUTHWEST coRN~R OF .s·;qj) L_&r 9·;:..-.,,,T,t-iEN,CE \;~mUT_fi /" Q0°11'5)?. EAST, 31.71] l:E:ET TO TAE--,,,T.Rl)F: .. POI~1' 9F"'"tt!EG1.NNIJ'!:G o.r / :SAID~.,CEN'!t_RLINE; THENCE NOR'fH 09°10' 19/ EJ\"ST/.· 94.2._2 FE£.':t tD T~E _.::~~:~~i,;~~~t~!T~~~~N~~ SAID LOT 9 AND •61& .. :TE~INU!f Ql<' TH"i:~. =·HE_~·EIN Tlit: sioE i'rnEs OE' SAID STRIP OF LAND TO BE r.~:TEt-.rti"o .6·~ ... {~ol;Em:o Jo f1E.F.1' ~T .ANn'tE.:. POINTS /\NO PERIMETER LINLS OF' SA'iD.-:" .. ~T ~./ ...... ~y;·~AT.1::-" fN T~.IE'·.-.coo~TY Of KING, STATE OF WASBl NG TON. rigclof.l l\ugust 6. :?007 IO:NN[.:TB R. ANUERSON & ASSOCJAn:s. [NC. 04-[l(j4 E .. u1,n:m Scw~r l;smt 02.ifoc . . EXHIBIT "B" /SANIT,4RY SE~R AND STORM EASEMENT .... s, W. 1/4,,J/.E. 1/4, SECTION 4, T. 23 N., R. 5 E., W.M., / r , / _l<l'IG 9ou1,1:r,-, WASHINGTON. ./ ·=·=: ior ,a \ I"-. ···-J ::\ \ . .,,·• .. :·· :• I'~\ '-l'DNE'''"nc~,• "'A.R" . I' I "71!, ' .. ' ·:,.,_, •. ,. '.·_._· ,·'_·' \ \-=l ~ ""VOL. ,>9> PG./~' ::' \ ·~ \ ~-[.IT 9 ; I\~ I ,.oo' ...,.J.~ ' . .. .... :U_ ~ PERMANENT 15' SANITARY ·\'+:"~ -SEWER AND STORM DRAIN I ' ; ~ SYSTEM EASEMENT , I .. ··•".,. SCAL£: 1• • :i>./ DATE: A.UOIJST 1, 2007 lUA-l<X-IOO< FP IJI0-1:X-O'n'. HONEY CREEK HDME:'t' C?.l::EK PARI< vm .. 59; PG. 57 VIEW ESTATES """' (C) to«IU.1!1 (W) IIW.IO (kCC~) ICl!llcruortT,ur,,(Y,:ajlllO,_ (.1£1:flD--) ® SD" ruie.un lllllllOC1 Ill Ull' (1[1.lS~Bai&ll'\Jltll) 0 1MOI( «• 11,1,i,1 (!,!UD'll:l'll[[l'lf1'n ® l'UUlll,ll,~bfklf.OSOOfl (lift) {WG1l,!M;(Tlf11') CD -ltJltli!II~ lllll,CIII (mlj {MHD'll:1,Hl!lf11) ® :lnl,.......:fW(l(lfllU) (llZ 11m ' !IUl 1 (J"J) ® SQ!lj_ .... .._Ttl.!lll!NJ(~ (w. Hi11t ~ l>tll 111' I') @ $Allrlll'IUU I.AllkllOI tw) (!ll~IG,IKl!Hf)J @ ......... ,., (Stt'"11:ll,§f(['llCfl) <il> UOUI u.Df.111 (/U) (!IIIIOI11.'Jlllltl'1') KENNETH R. ANDERSON .A.ND ASSOCI.ATES, lNC. ~ 11-"'W -11"'1 _,,,,,. ,111---.u.~1,r-a,.l\mn ~=-llHl8F ~a~- S,[, 1/4. S.E. 1/t SEC. 4, l, 23 fl., R. ! C., W.11~ SHEET 5 OF 7 ,oo (/I ZONING MAP BOOK PW TECHNICAL SERVICES PRINTED ON 11/13/09 T1,11docu""'11••P--...,...,no\ _______ ...... _ .. lhooesllnlor""'llon ..... blt .... thtdJ11,.....,_ n. .. ..., ........ ,db-l'Jtyd, ....... , ...... onl\< ---·--.. .......... ,,.111;:q•r,'.'r·t~·,;, i&~ .• ---. Lt·\,!;~.!L.,.·-t!t.J.~ '@ CS -33 T24N RSE E 1/2 ES -09 T23N R5E E 1/2 V.· '~'.()() 400 i:::::::c::::::I Feet 1:4,800 I ---.-1 I J , , I .. -·-· I ;.'RlB, 111. __ ' . I r---- 1 .~- CA !. .. _ •. , .......... . RM-F D5 04 T23N RSE E 1/2 5304 • HONEY CREEK VIEW ESTATES A PORTION OF lHE S.W. 1/4, OF lHE S.E. 1/4, SEC. 4, TWP. 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT \IE, lliE UND£RSICNE0 Ol'INER(S) Of INTEREST IN THE LAND HEREBY SIJ6D1Wl[[J, HERESY OEa..AAt: THIS Pl.AT TO & THE GR.'J'HC REPRESENTATION Of" lH£ SIJBOIVISICtl 1.1,1{)( H£1lEBY, ANO 00 HDlEBY OEtllCATF.: TO lME USE Of" THC Pl.WC rORN:R Al! SlREITS ~D A',OWES NOT SH0\11'1 AS PRIVATE HEREON ANO DEDICATE mE USE ltiEREor fOR ALL PUBLIC PURPOSES NOT INCONSISTENT \\UH TI,[ USE ™ERE(»-" fOR PUBLIC HlGIWAY PURPOSES. ltl M: OOlGINAL REAS00ABI.! CR>!JINC Cf SN[) STREETS ANO A',{t,US 00 f\JRT)t[R DEDICATE TO 1l1E USE Of THE PIJBUC AU. EAS[MENTS AND ffiACTS SHOl'hl ON ffllS PLAT Fm ALL PUSUC PURPOSES AS INOICAJEO THEREON, INCLUDING BUT NOT UI.IITED TO PARKS. OPEN SPACE, P[[JESffilAN ACCESS, UTILITIES ANO ORAJNAGE UNlfSS SUCH EASDIENTS OR TRACTS AAf. S1'£CJICAU.Y IOCNTlfl[O 00 IH'5 PU,T AS B0NC DIDICATED OR COOVEro> TO A PEIISOH OR ENTITY OIHEII THAN THE PUBLIC. IN 'M11Qi CASE WE 00 HER£9Y DEDICATE ANO C()ll{Y SUCH STRfflS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IOENTinEC ANO fOR THE PURPOSE STATED. FIJIHliER, TliE UNDERSIGNED 0\\l"l[RS Of Tllt LANO HERtaY SUBOIWlEO, AGREES FOR THmSELVES, TllEIR HEIRS ANO ASSIGNS AGREE TO HOLD TliE CHY OF R£NTON, ANO MfY 00\IERNf.lDHAJ.. AUTliORITY, HARMlfSS, INQ.UDING MfY COSTS OF" OEfOIS£. f ANY, fRl).I ANY OAl.iACES TO PERSOOS OR f'!!a>tRTY 'MlltN ell 'lllTI-lOUT TttlS SUBDl,,,50! RE!;Ut.TllG fROM 1HE AL'fUIATION OF" THE GROUND SURFACE, l'EGETATION, DRAINAGr, OR SURFACE OR SUBSURFACE WArul FlOW, OR ANY FASHION CAUSED BY THE APPR{lVAJ.. OR CONSTRUCTION OF' 1HIS SUBOMSlON. THIS SUB01\1Slctl, 0£[)jCATION, WAJ',Ol Cf C1.AJUS ,l,,'l(l ACREDIENT TO HWl HARMl!SS IS UAOE '1111H THE f1I[£ C()NS[NT ,',NO IN ACCMDNIC! 'Mnl THE Of.SIRES OF" SAIO OWNERS. IN \\!!NESS ',\lj(REQF", WE SU OUR HANDS AND SEALS. WH. HUGiS JR. ciJ., INC.. A WAS!llNGTON CORPORATION BY, --::;::::;::::;::::;::::;:::::;::::;::;;;;:::::;;:== ITS::: \4401 ISSAQU,1.H-HOBART ROAfl SE, SUITE 1JO ISSAOOAtl. WASMINGTOO 98027 ACKNO'M EDGMENTS srm Of' WASl11NGTON f ss '""m " -----~ BY: ,~ ADDRESS: I CERTIFY THAT I KNOW OR HAl'E SATISFACTORY E\1DENCE JllAT SIGNEC IHIS !NSIRIMNT, ON OAIT-l STATED 1HAT l'E~E WAS AIJn!OOIZED TO ()([CUTE TH£ !NSTRUUEMT AND Ml<NOVi\.EDGal IT AS :EBE 1HE rnu: ANO VOLUNTARY ACT OF :J[H'e"<R"'N=rn=,m0,=-u&"s""m"'o'e"US"e·os"~'""=,m=•rn·,-,,,"'""'"""'ffi'U"""'"'· OATED: SIGNATURE Of NOJAllY PUBLIC· PRINTED NAME: NOT>JIY P\JBlJC IN At() f{I! THE STAT[ Of WASHINGTON 20 RESIDING AT: -c,;.,.e,;-============--UY COMIUSSION EXPIRES: STATE OF WASfllNCTON (ss COUNTY or ----- I C!Rl'FY THAT I KNOW OR HA\oE SATisrACTORY E',10ENC£ lllAT SIGNED nus INSmtllJENT, ON OAlll STATED TIIAT HE:~( WAS AUlHORIZEtl TO EXECUTE THE INSTRUr..EIH ANO ACKNOl\l.EDOOl IT AS Vc:\E THE FREE AND ',U.UNTARY ACT or sifoi 0e"AACN~n=,rnc="us,s="oo~-===="=,,..=rn=•"*-•"s"""=""'"•. OATEO: SIGNAnJRE OF NOTARY PUBLIC: PRJNTED NAUE: NOTARY f'U8UC IN AND FOR TiiE STATE OF WASHINGTON 20 RESICXNC AT: iimmec:===========:--, UY COMMISSION EXPfRES, APP ROYALS CITY OF RENTON APPROVALS CITY Of' RENTON PLANNING / BUILDING / PUBLIC WORKS OEPARll.lENI EXAUINEO ANO APPRQ',{D THIS __ DAY Cf ___ , 20__, ATIEST: ------------ ACIMINISTRA TOR Cl£RK OF' TliE COUNCIL CITY OF RENTON EXAMINED AND APPROlm TlilS __ DAY Of ---, 20__, ATIEST; ------------ MAYOR DEPUTY CLERK OF TI-IE COlJNCIL arr OF RENTON F]NANCE DIRECJOft'S CERTIF]CA)I I HERE!IV COlllfY THAT THERE AA£. NO DELNOUENT SPECIAJ.. ASSESSMENTS Nil THAT AJ.l. SP(CIAJ.. ASSESSUENTS CERTIFIED TO IHE CITY TREASURER FOR C'OUECTIOO ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, Al.LEYS, OR OTHER PUOLIC USES, ARE PAID IN ruu. THIS --DAY or , 20__, FlNANCf DIRECTOR KING COUNTY FlNANCf PIVlSION CFRDFlCATF I HEREBY CERIFY lHAT AU. PROPERTY TAXES ARE PAID, IHAT THERE ARE NO OEUNOOENT Sf'EaAJ.. ASSESSU£NTS CfRTIFIEO TO THIS oma: FOR COUECTIOO mo THAT AU. Sl'ECIAL ASS£SSr..£NTS crnmm TO lHIS omcr roo COU!Cll()I ON >,jy or rHE PROPEllTY HEREIN cormJNED DEDICA'TED AS STREETS. AJ..LEYS, OR FOR ANY Oll£R PUEUC US£, ARE PAO IN FW... \HS __ DAY CJ' , 20__, MANAGER, FINANCE DIVISION DEPUTY KING COUNJY PEPARJMENI OF ASSESSMENTS EX.t.MIN£D ,I.NO APPRQ',{{l 1HIS --DAY Qr ---, 20__, KING COUNTY ASSESSOR DEPUTY ASSESSOR ACCOlJNT NUMBER(S)'"D,4u2cJ•Qo5:">9o0o9uO ________ _ LAND SUR'IEYOftS CERTIF)CATE I HtRE8Y CERllFY JliAI !HIS PUT OF HCflEY CRrn< \'£W ESTAT[S IS BASED UPOI AN ACl\JAI. SURVEY ~0 !l.JIDIISION OF SEC1ION 4, TO'M,'ffl 13 NCm11. IWfOC ~ EAST, t.U., AS RrQ.RD SY STAT[ STAl\llES: 1HA111E CISTmcc:5, CWISt!i 00 /J'l(llS ME St!OWN 1\iEREOO CORRECTLY; THAT 1lf ~MENTS SHALL El SET A~ LOT A/'lD ElOCK C®ERS ~All BE SET CORRECTLY~ lHE reouNO D:ClPI AS NOTED; THAI I rw.Y Cl'.IIPl,£0 IIIIH f'R0\1SlaiS OF Ill[ SIA![ /HJ LOCAL S1A1UfES ,ND REQ.UTtaiS G0'4'.RN.MC fl.UffiC. KENNETH R. ANOERSOO, P!!OFESSIONI.L LANO SIJR'IEY{lll CE:Rmc,t..TE No. 29267 KENNETii R, ANDERSON & Assoams, INC., P.S O 1120 sourn J4tsr Pucr. s1..m C-4, \ fIDERAJ.. WAV, WA 9800J TUIPHOOE: (25J) 8JB-119g RECORDING CERTIRCATE '"'°''°eff·...--='-'c------ fliD fa! R[CIHJ M IH£ R[O.l[SJ (J mo R /JrflIRSD! Pl s. THS __ J cO f Rent =~-----: 20~ Al --WIMJT[S PAST _JI. ~~CQIOED II on VOLUME ---(f PLATS, PAGE(S} ~~/fJl'ffilg O, ~~· :~= oo rnc110Ns ,vision MANAGER SUPERI A PORTICJI OF" THE SOU1l1'11£ST 00.t.RTER, OF" THE S0Ult£AST IJUAA~ ~----------------; SECTION 4, TO\\tlSHIP 23 NORTH, RANGE 5 EAST, V., ~ KENNETH R. ANDERSON CITY or RENTON, KING CO~TY. W.&.S/llNCTON gnn AND ASSOCIATES, INC, W j LUA-05-0118 FP LNO-Xll-XXXX SUrvorlnfi, 11,/t,pplnV and Land Plannmg 111Qs..tl,.lillll'loa,Y1C-~fodnlll,•At...i ,_...,. ~ q..11n r. (J!.Jl a.JA-Sm E-Wokhlobdo'....,,,l'JII.""' JOEii 06-064 SHEET 1 OF 6 • ' • ' ' f HONEY CREEK VIEW ESTATES A PORTION OF THE S.W. 1/4, OF THE S.E. 1/4, SEC. 4, T\'IP. 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION· (PER 110 REPUBLIC NATIONAL llll.E INSURANCE COl,IPANY PLAT CERTlflCATE OOOER NO. 520711\320, OATEO f.lARCH 7, 20!3) lliAT POOTION Of TliE NORTHEAST QUARTER Of THE SOIJTHWEST QUARTER Of" THE SOOTHEAS[ QUARTER or SECTION ., TOI\I-ISHIP H NORTH. RANCE 5 EAST, Wit, KINC COUNTY. WAS>UNCTIJN, DESCRlllEO AS FCUO'/IS: ernNNING AT A POINT ON THE EAST LINE Of SAID S1IOOl\i1SION, J73 FEET NO,lli Of" THE SOUTHEAST CORNER THER[Of, SAlO POINT BEING THE Na!THERLY MAAQN Of STATE HIGHWAY NO. 2 (SUNSET KIGHWAY~ lHENC( I\ES1ERI.Y, ALONG SAID SUNstT HGlfflAY, 300 f'[[l TO nlE TRIJE PONT Of 8£GINNlNO; lliENCE NORlliERLY, PARAUIL 111TH SAID EAST LINE Of" SAIC SUBDIVISION, 1•s FEET; THENCE EASTERLY, JOO TEET TO A POINT ON SAID EAST LINE ~ICH IS m ftfl NOFITI-l Of THE NORlliERLY MARGIN Of !WO SUNSET HIGHWAY; lliENCE N0/1:TH, ALOOG S.IJ!l EAST LJ,IE TO lll( NORTH LINE Of SAID SUBOl~SION, E!EJNG THE NOOTHEAST CORNER TIIEREOf: rnrnCE WEST, ALONG SAID NORTH LINE. •84.62 FEET TO A POOH l!HICH IS 170 m:r EAST Of THE WEST LINE CJ" SAO SUBOl"1SICN; THENCE SOUTH, PAIMLLEL TO SAIO 't.EST UNE TO THE NORTHERLY MARGIN OF SUNSET HIGHWAY; THENCE EAS!ElllY, AlCtlG SAID SUNSET HIGHWAY, TCJ TIIE TRUE PONT Of BEGINNlNG; EXC!J>T nlAI f'ORTIOO ltl[REOF Af'PROPRIAlEO BY KING CO\JNTY SUPERIOR COURT CAUSE NO. 742207 rOR SUNSET HIGHWAY, SITUA!t IN Tl£ COONTY (T KlNG, STAT[ Of WASHINGTON. spfCIAL EXCEPTIONS: ITEMS 1-5· NOT Al'f'LICABI.£, TAXES. FEE'S & FINANCING e. AN [A~ENHlfECffiG nm PMIION (T SAil LAND A,NO rCR nlE PURPOSES STAlEO liD!EIN ,\NO INOOOHAJ.. PIJRPOSES AS Pl!0"1DE1'l 1N !ME m.LO\\ING CONOCMNEO TO : CITY OF SWIL£ rOR : ELECTRIC TRNISMISSION LINES RECOOOEO : IN C:fFICl.'J. RECORDS UNOOI CAUSE lflJMBER 220056 A.ffECTS : THE EASTERLY PORTION 7. m £ASEMENT AFFECTING l'rtAT PORTICN or SAID LNIO MCI rOR THE PURPOS£S STATED HERON ANO INCIOENIAl PIJRPOSE'S AS PR0"10EO IN lHE f!llOY,ING: CONDEMNED TO: STATE OF WASHINGTOO fOR : RlCHT TO ENTER UPON RECCROED : APRIi. 26, 1972 IN KING COONTY SUl'ERIIJ:! COURT CffiCl.A.L RE<XmS UNDER CAUSE NUMBER 742207 6. AN (AS£~ENT AfTECnNG lHAT PORTION Of SAID LANO ANO FOR THE PURPOSES STATED HEREIN ANO INCIOENTAl PVRPOSES AS PROVi()(D IN THE FCUO'MNG GR,1,NTED 10: CITY Of SEATllE. A MUNICIPAL CORPORATION mo (X.YI.IPIC PIPE LINE co. FOR : ClTY or S(Am.E El.ECTRICAL TRANSMISSION LINE COl,RIDOR KNOWN AS RENTON RELOCATION RlGHT-Cf-WAY .vl!I <X.l'MPIC Pl'E LiflE COMPAIIYS US[ THERE(T RE:COOOEO: FillR\J.>JlY 14, 1975 1N CfFJC!AL RECORDS UNOOI R(OO'IOING mlMBER 7!,02140608 AFFECTS : A PORTION OF S,1,10 PREMISES 9. NI EASE1,![NT Af'FECTING THAT POROON Of SAil LANO ,'JIO FO'l l'rtE P\JRPOSES STATED HEREIN ,',ND INCIOENTAl P\JRPOSES AS PRO',IOED IN THE Fili0\\1NG GRANTED TO : CITY Of RENTON rOR : PUBUC UTILITIES 'MIH NECESSAAY N'PURTEN.o.NCES RECalDE1'l : AUOJST 2, 19&1 1N <ma..ll RECOOOS UNDER RECMOING NWBER 6408020497 ,!,ITTCTS : A PORTIOO Of' SAID PREMISES \0. AGR[El,![NT FDR : Sfil'!l,IWA!Ell 00 SNflTARY SEWER EASEMENT EXEaJTED 8Y : ARTHUR E. EASTI.IAN AND WAUNElE M. EASTI.IAN mo BETVU:N ' PRICE PROPERTY, UC 00 ll1[ TERMS, CO',£NA,NTS 00 CCtlOITIONS CCtH.IJNED lttmEIN, R£CORDE1'l : SEl'TDJBER 1J, 2007 1N CfFJC!.l.l RECOOOS UNDER RECWJINC NUMBER 2007091J00130T 11. AGRE£1,1[NT Flll: STORMWATER AMI S,1,NITAIIY SEl'lf.R EASEULNT CXECIJTID av : ARTlllJR E. EASThl,l,N AND WAUNETA u. EASThl~N AND BETillEN : PRIG£ PROf'ERrY LLC ON lH£ TERMS, CO\IENANIS ,',NO CCtlOITICt!S COOTAINID lHEflEIN. RECOROED : FEBRUARY 15, 20Dll 1N OFOOAL RECORDS UNOER RECCROING NUMBER 2006021:;ooo996 12. All EAS<:MENT AFfECllNG TIMI PORTION or SAIO LAIID mo r0R lHE PUli'POSES STATED HERElN AND INOOENTAL P\JRf'OSES AS PIIOWlED IN lllE rru.O'MNG CRANlUl TO : PUGET SOONC ENERGY, INC. FOR : Plr(S, PIPELINES, MAINS, l.AlEMLS, CONDUITS, REG\lt.ATORS AND FEEDERS FOR GAS; CONOUITS, UNES. CABl!S, VAULTS, S\\HCHES ANO TRA11Sf'0RMffiS FOR EI.EC1R1CITY; FlBER OPTIC CABLE 00 OnlER LINES RECORDED : MARCH 26, 2008 IN OFTICIAL RECOOJS UNDFJl RtCORDING NUMBER 2008DJ2800l2H ITTECTS : ALL STREETS AND ROAD RIGHTS-OF-WAY (BOlH PRIVATE ANO PUBLIC) AS NOW OR HEREAFTER OESIGNEO, PLATlED, ANO/al CCNSIRl!ClEO WTHIN lHE .-80\'i OCSCRIBEO Pl«f'ERTY 13. ITRMS AND PR0v1SIONS AS CONTAINED IN AN INST1!UMENT, ENTin.ED : SIJR\,(Y RE~D : JJNE 2, 1992 IN CfFJOAl R'ECMDS UNOUI RECCROING NUMBER 9206019001 ITEMS NO. 14 lHRU 18: NOT APPLICABLE. REFERENCES· klNG COUNTY ASSESSORS MAPS OF SECTION 4. T. 2J N .. R. 5 (., W.M. KCAS-KING COONTY AERIAL SUR\IEY, PROOUCED BY WORKS PROJECTS ADMINISTl!/ITION, PLAT Of HONEY CRITK PAAK; VOl. 59, PG. 57. LUA-05-118 FP lll0-)0(-1000( GENERAL NOTES· UPON THE REClllOINC Cf THIS PLAT, TllACT "A" IS HEREBY (;R,1,N1UJ AHO C(tll,(\tO TO lHE HOOEY lli'EEM ',1£W ESTATES HDl,l(QV,NEJIS ASSOCIATION (HOA) f()R Q'>EN SP!>I:£ AREAS. AU. N£C1:SSARY ACTI\111[5 Fil:! SAID TRACTS \\Ill BE 111E RESPONSIBILITY Of THE HOA. IN THE E'4NT THAT THE HOA IS OISSOl.'40 OR OTHER\\ISE FAILS TO MEET ITS PROPtRTY TAX OBLIGATIOOS AS EIIDENCED BY NON-PA~£NT Of PROPERTY TAXES Fill A P'i:RIOO Of EIGHTEOI (IB) l,IQNTHS. THEN EAOI LOT IN nas PLAT SHALL AS9.JIIE ""° HA\{ ,'.H EOOAL Nill UHD1Vo0al OIIN[RSHfl' INTEREST IN lHE TRACTS PRE"10LISI.Y O'Mj£0 BY lHE HOA AND HA'4 lHE AffiNOAIIT f1NANC1Al ANO MAINTENANCE RESPONSIBILITIES 2. THE OPOI SPACE TRACT {lRACT "A") SHAll OC ESTABIJSIITTI AS A NATI\.£ QIQVffij l'ROTECllON AREA MID SHALL B£ SIGNED ,I.ND rENCED \\11H A Sf'LIT RAIL OR OlHER APPROI/EO ftNCE. Pl.ANS OETAILJNG lHE f'ENCING ANO SIGNAGE PROPOSED SHALl BE SUBMlmD AT lHE TIME OF UTILITY WISTRUCTION F'E:RMIT FOR REIIEW ANO APPROVAl BY TIIE 0£'i0.0PMOH SERW:lS DMSICN PRO.Eel M.YIAGER. TH!: FENONG mo SIGIMGE SH"1..L BE INSTALLED PmDR TO FlNAl Pl.AT Af>PROVAL A NATI\IE mDW1\l PROTiCTION EASEMENT SHAU BE RECCRDED OVER TRACT "A". J. STREET lllUS :ilAI.I. 8E O'M'IED A.Nil MAINTAINED BY l11E ,l,OOTJ'tlC LOT O'/ltlERS Of lllE HONEY CflEtK \.1('jj ESTAITS HOMEOWNERS ASSOCIATION. 4, .IU BUI.ONG DO'IIH SPOLITS. fOOTlNC DRAINS. A.Nil lll.llNS fl!OM ,IU IMPERVIOUS SURf'Aa:S stJOI AS PATIOS ANO DRl\lEWA'r,; SHAU. BE CONNEClUl TO THE PERMA11ENT STORM DRAIN O!Jn.ET AS SHOWN ON TiiE APPROVED CONSTRUCllON ORA'MNGS ON FlLE \\llll RENTON DE'41.0PMENT SERv1CES 0Jv1SION. THIS PLAN SHAU BE SUBMITTED M1H THE APPUCATIOO (T .i.NY BIJllOOIG PERMIT. Ml. CCNNECTIOOS Cf ti£ OIWNS MUST BE C!JISTRIJCTID NIO APPRO\{Q PR100 TO FlNAL EIIJILOINC INSPECTIOO APPROVAL 5. lHE APPLICAIIT SH..IU Pl.ACE "NO PARl<ING" SIGNAGE NEAR lHE OIERGENCY HAl.!Mm1E,'<l I\JRNAROIJtfJ SER~NC THE DE\UCf'I.IENT. THE SATISUCllCN CF llllS REl'.X.IIREMENT SH..IU SE SIJ8£CT TO THE OC',O.OPMENT SER'-'CTS 01"1SION PRIOR TO RECORDING Of TI-llS PLAT. lHE ttOHEY CREOC mAl. PEDES1R1,1,N TRAIi. EASEMENT (PTE), SIIO'lltl liERElN WTHN TRACT "A", IS flEREBY OEDICATEO TO 1'rlE CITY OF RElHON PARKS DEPARTMENT FOi All PURPOSES NOT INCONS,STENT '111TH ITS USE AS A PEDESTRIAN mllll EAS£MENT. THE CITY Of RENTON PARKS DEPARlMENT SH/\1..1. 8( R£SPONSl8l.( fOII lHE MAINIEN,l,NCE ,I.NO REPAIR (T lHE PEOES1Rl»I TRAIL 7. THE PRIVATE STORM DRAINAG! EA!tMENT (P5DE) SHO\\tl HEREIN, IS HEREBY CONVEffil TO THE HOf.lEOWNER'S ASSOCIATICtl. THE l!OMEOHR'S ASSOCIAT\ON SHfil 11£ ECUillY RESPONSIBLE FOR 1HE l,IAINTENANCE ,I.NO REPAII or YHE STCRM OR.IJNAGE fAC1JllES NMI 11£ EASEMENT. OCTALS RECAROll.c: lHE LOCATICtl (T nlE STORM ORAINAGE FACILITIES 'llllHiN THE (PSOE) ARE SHO'/IN ON lHE f.NGINff.RING Pl.ANS & Al.l. SIMM OR.IJNAGE EASEWENTS (SOE), 9IO'IIN lfJIEIN. AR£ H£REBY OCDICATEO 10 THE CITY CJ" R£NTON. 11£ CITY CF RENTON SHAU. BE RESPONSl!3l..E fOR THE MAINTENANCE AND RfPAIR Cf l'rtE STORM DRAINAGE FACILITIES WllHIN THE EASEMENT. DETAILS REGARDING THE LOCATION or lHt STORM DRAINAGE fAOLITIES WllHIN lHE (SOE) ARE SHO'M'I ON 1HE EN!lltlEERING f'l.ANS. 9. THE STORM DRAINAGE VAULT E~SEMENT (SD\IE), SHOM'I HEREIN, IS HEREBY DEDICATtO TO lHE CITY OF RENTON. THE CITY OF RENTON SHAU BE RESPONSIBLE FOR IHE MAINTENA,NCE AND REPAIR (T THE STORM DRAINAGE FACILITIES 'Mltll/1 THE (ASO(ENT. OCIM.S R[GAROINC lHE LOCATION (J' lHE STORM DRAtO,GE rACUT£S v,mtH lHE (SDI:) ARE SHO'IIN ON Ill( [NGINEERING PLANS. 10. lHE SAN11ARY 5Ev.ER EASEUOITS (SS<:) SHO\\N 1£REtl. HAWIC A 00TH (T 15 f'EET. AAE HEREBY RESDMO Fil:! nlE arr (T ROHOO FOR THE calSTRIJCTION, MAINTENANCE, MIil REP,IJR Cf SANITNIY SEVfR LINE FAcn.JllES. 1\, All SIO[WAIJ( EASEMENTS (Slit), SHO\\N tf:RON, ARE HER£!1Y DEDICATED TO 1\jE PIJBUC fal ..IU PURPOSES NOT INCONSISIDH WITH ITS USE ,o.s A SIDEW>J.l( EASDIENT. THE CITY Cf' ROHOO SHAU BE RES?&SIElE fOR THE MAINTENANCE .i.ND REPAIR Of lHE SIDEWALK, 12. THE WA1£R LtlE EAstMENTS ('M.E) SHO\IN HEJ9'1, HAw.lG A WOlH (T 10 f'EET. ARE tCREBY DEDICATED rm M CITY Of' RENTON fOO lHE CONSTRUCTION, MAINTENANCE, ANO REPAIR Cf WATER UNE fACIUTIES. SURl,UORS NOJES; UNLESS 01HER\1i1SE NOTED, ill REAR LDT ANO TRACT CORNERS V.,U BE STAKED \\1TH 5/8 INCH DIAMETER REBAR, 24 tlOlES IN LENGlH, 'Mill 11ll.OW PLASTIC CIJ' MARKED "NIOERS(Jj" "PlS-29a7" AS l'rtE SIJOOMSION ROAO 8: UTILITY CONS1!1\JC1!Ctl IS COMPU1EO. ACI\/Al FRONT LOT 00 TRACT CORNERS WIU NOT B£ SET. SIOE LOT LINES OF EACtt LOT ANO TRACT WILL BE REFf:RENCcO FROM STAKED REAR CORNERS TO lHE ADJONTNG SmEET-WARD PRO..tGnON F'ROl,f THE AC!\IAL FRONT CORNERS, A VAlllAllLE OIST,1,NCE TO THE la' Of THE C()!SfR\/ClW OJRBS ANO MAAl(Ill 'MIM A "OCRNTS£N 111100" 1-1/2 IN(]; O!~TER coPPER DISK S(T rtuSH llllH SURFACE »ID MARKED "ANOER'SON-PLS 2926r UNLESS NOTEO OTMERMSE. 2. BASIS Cf BEARINGS; NA0-27 CRJO NORTH; KCAS-KING oo.mn AERIAL SUIM:Y, W!EJERT GRIO COOROL•lATES. PROOJcrn BY KING CWNTY 'M)ll(S PROJ::CT AIMNISTRATION, BASED UF>ON lHE EAST LINE CJ' l11E SOJTl£AST OUAR!Ell OF SECTION 4, T 23 N, R 5 E. W: BEARING N 00'58'58" E. OTY Cf RENTON S1JR',£Y CCNTRO. tITTIICRI( PONT NO. 1694 Al(! Pf!O,£CT C(JIIRO. BASO.tlE ORIGIN. OTY Cf RENroN RECOOD Cl'.ll'.JIDINATI:S IN FITT: N 18664&376702, E 1311364.040650. QTY ,;;,: RENTOO SUR\IEY CCNTRO. NITffl:IDl PONT NO. 7\6 .i.NC PRO.{CT CONTRCl BASEUNE. art CJ" RENTOO COCROINATES IN f'EET: N 1882711.282\69, E 1311392.046515. J. ALL 0ISTA1ICE UNITS SHO~ HEREIN ARE GROLIND OISTANCES EXPRESSED IN U.S. SI.Jl'IEY rm. Ukl.ESS OTHER'MSE SPEortD. •. A GEODIME!Ell 600, 3 SECOND DIRECT READING ELECTRONIC TOTAl STATION WAS EMf'\.D'lto 10 CONOUCT nnn IBA>lRSE CON1llll. OBSERVATIONS FDI!. EST"8JSH!NG PROPtRTY UN1'UNEATEO UPON TIIS PLAT. flNAl PRECISIOO RESIJLTS t.lEETS ffi EXCW)S ST.vl!IAR!lS FOIi LOO 90U M'lf.'r,; AS SET FORTH IN WASHINGTON AOMINISTRATI\IE CODE UNDER WAC JJ2-1J0-090. I ,y Of Fl S CfTSET OMENSIQ,IS S110'M'l HrnDN ARE MEASURED POIPENDICUUSI T1l"far ~ES. enton :-1... nnmg Divis/on HONEY CREEK VIEW ESTATES A PORTION OF THE S.W. 1/4, OF THE S.E. 1/4, SEC. 4, TV,P, 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON EASEMENT PROV,SIONS; 1. AN EASf.l,IENT IS HEREBY RESER\W FOR ANO GRANTfD TO THC CITY or RENTON, CENTIJR'!\JNK, COMCAST CABLE, PUGET SOIJNO ENERGY, ANO THEIR RESPE:CTIVE SUCCESSORS AND ASSGNS. UNDER ANO UPON THE EX1tRIO'I 10 FEET. PARAL.ill '111TH NI[) Aru)fl',NG lH[ smm FROOTAG: er All. lOTS ,!,NO rams, IN 'Millll TO U>IST.W.., LAY, C0NS1RIJCT, RENEW, OP£RATE ANO MAINTAIN UNOCRGROUND CONDUITS, MAINS. CABLES, PIPELINES, AND 'MRES \11Tif NECESSARY FACILITIES ANO OlliER EQUIPMENT F()'! THE PURPOSE Of' S[f!\IICE TO THIS SUBOMSION ANO OTHER F'Rl)>Eflfl 'MTH SO\CR, WAT(II, filCTRIC, TEl.£PH(tl(, C.18..E TV, CAS. mo INTERNET SERV.OC TOG£.TllER YIITH lllE RIQH TO ENTER WOO THE LOTS Al .Ill TIMES FOR THE PURPOSE HERON STATED. THESE EASEMENTS ENlIBEO UPON rDR TliESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSJ8LE TO THEIR ORIGINAL CONDITION BY THE UTILITY. NO LINES OR 'MRES FOIi lHE TRmS~ISSION Of U!CTRIC CUAA£JH, TELEPHCt/E O'I C.1.81.E TV SHALL BE PLACE() OR BE PO!MITIID TO BE l'V,CED UPOO AHY LOT UNUSS THE SAME SHALL 8E UNOCRGROOHO OR IN CONO\JIT ATIAOiEO TO A BUIUllNG 2. CITY Of' IIDHOff DRAINAGE EAS0,1£1H ANO COVEN.I.NT: THE OWNf/lS OF" SAID PRIVATE PROPERTY ARE REO\/IREO TO OBTAIN 'MllITTN APPROVAL FROM THE OTY OF" RENTW AND ANY REOtAAW P£RMI~ fRCtJ RENTW l)[',{LCf'MENT SER~C(S PRIOO TO PIPING, CUTllNC. OR REl,IO..,NG VEGETAllON (EXCEPT FOR ROVTING MAINTEN.1.NCE SUCH AS LAWN MO'MNG) IN OPEN \IEGETATEO DRAINAGE PACIUTIES (SUCH AS SWALES, CHANNELS, DITCHES. PONDS, ETC.) OR PERl'ORMING ANY ALTERATIONS OR MOOlflCATIONS TO T\j( OR.WAGE FAOUTIES CONTA!NfD VillllH $AID DRAINAGE EASOIOIT. TI-llS EASEMENT AND COVENANT IS INTENDED TO FACILITATE REASONABLE ACCESS FOR fl.IE OPERATION, MAINTENANCE, REPAIR, ANO RECONSTRUCTIOO OF' THE OR.I.IN.a.GE FAOLITIES. lHIS EASEMOIT .I.HO COVEtl.1.HT SHAU R\JI '/11111 ll£ LJ..NO AND IS BINOING UPON TI-lE O'IINERS OF' SM> PRIVATE PROPffiTY, THOR HEIRS, SUcttSSQRS, .I.NO ASSIGNS NA]\IE GROWTH PROJECTION EASEMENT- THE NATIVE GROW™ PROTECTION EASB!Et/T {NCPE} ON TIIACT ·,: IDENTifl(S PROT(CTW SLO!'E ARtAS, TliE CREATION or TI-lE NAll\'E GROWTI-l PROTECTION EASEMENT (NGPE) CONVEYS TO TI-lE PUeLIC A OENfflCIAL INTEREST IN THE LANO 'l<IIHIN rnE EASEMENT AREA. rn1s INTEREST ~AU BE FOR PURPOSE OF' PRESERVING NATIVE VEGETATION fOR THE CONlROL OF' SURFAct WAlUI AND EROSION; MAINTENANCE OF' SI.OPE ST~TY. ~SUAI. ANO AUR.1.1. IIUITTR'>NG, AND PROT£CTION OF PLANT ANO ANIMAL HAIJITAT. THE NATIVE GROWTI-l PROTECTION EASEMENT IMPOSES UPON All PRESENT ANO FUTURE 01\NERS ANO OCCUPlffi OF ™E EASEMENT AREA ENFORCEABLE ON BfHAlf or THE PUBLIC BY ™E OTY or RENTON, TO LEAVE UNCXSTUR8ED AU TREES .I.NO OlHER VEGETATION lllllitl 1HE EASl:UENT AREA. Tl£ VEGETAOO. '/IITHIN H /NGPE) fl.AV NOT BE CUT, PRUNEll, COVER£0 BY flll REMOVE OR DAMAGED 'l,\THOUT EXPRESS MllITTN PERMISSION FRoo TilE CITY Of R£NTOO. lr1E RIGHT or ENlRY GRANITD HEREIN SHALL APPLY TO 1'1( AGENTS, REP!IESENTATli'B, ANO EMPLOYEES OF' THE OWNERS Oil SUBSEQUEiH ()'/jl,j[JIS OF TH( UNDERLYING PRCl'ERTY. SANITARY SEY,fR AND WAJER EASEMENT· AN EASEMENT IS H£RE11Y R£SE!M1l fOR .I.HO GRANTED TO ™E aTY or RENTON PUBLIC 'IIOOKS DEPARll,iENT, AND THtlR RESPECTIVE SUCCESSORS, ANO ASSIGNS, UNO[R ANO UPON, AS SHO~ HEREIN, ON DETAIL "O" ON SHEtT 5 Of 6, IN '11\ilCH TO INSTAL.l, LAY, COOSTllUCT, RENEW, a>ERATE 00 UAJNJAJN UffOERGRCUID fACUTlES rm lHE PUlPOSE OF' SERw:£ TO 1111S SUOOl~SION ,tllO OTH[R PR<FfJITY \\ITH SE1\£R AND WAlER SER..,CE, TOGEIKR '11\TH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES fDR THE PURPOSE HEREIN STATED. lr1£SE EASEMENTS ENTERED UPON fOR THESE PURPOSES SHAU. BE RESTORED AS NEAR AS POSSlBLE TO THEIR ~GINAI. CONDITION BY 1Ht UllUTY. COVENANTS· 1. ALL LOTS AND TRACTS 'MTHIN THIS PLAT ARE SUB.f:CT TO 111E IIONEY CREEK ..,EW ESTA1£S HOMEO\IINERS ASSOOATION ESTAEIUSHEO IN ACCOllDAACE 'l,IT\j WASHlNGTCtl STATE LAW l'lllCH l0CN1IF'£S EACH LOT OF' THIS PLAT AS A MEM8ER OF' SM! Hl),j(Y rnE(K YEW ESTATES HOMEOM,'(RS ...SSOOATION, RE<n!0£0 UNDER RE~NG NUUBER , RECOR'DS OF KING COUNTY, WASHINGTON. 2. OCQARATIOO OF' COl(NMfl, TliE O~ER or THE LJ..NO EUBRACEO 'MIHIN 1'11S Pl.AT, IN RETURN TOR THE BENEfll TO ACCRUE fROM THIS SUBOI\IISlON, BY SIGNING HEREON, CO\,£NANTS AND AGRfES TO CONVEY TllE BENEflCIAL INTEREST IN Tl-IE NfW PRlVAT( EASEMENTS SliOWN ON rn1s PLAT TO .I.NY ANO ALL F1JTURE PURCHASERS OF' 111[ LOTS. OR OF' ANY SUBOI~ lHEREOF'. lHS CO',{N.I.HT SHALL RUN 'IUH ™ELAND AS SHO'ltl ON nus Pl,l,T, RESTRICTIONS· 1. NO LOT al PCRTION OF A LOT IN THIS Pl.AT SHAU 8£ Ol'IIDED ANO SOUi !Jl ROOD OR O\\tlERSHll' CHANG£D OR lllM/SfERRED M-IEREBY TIIE O~ERSHIP OF ANY PORnoN Of THIS PLAT SHAU. BE LESS THI.ti THE AREA REQUIR£0 FOR 111E USE: DISTRICT IN i,!jlCH LOCATED 2 NO ijOO'[ Jlj[N ON( SINC:U: fAijl(,Y O~NC UNIT IS PERMlnFO ON (ACH WT. MAXIMUM IMPERYJOUS SURfACES· 10X REOOCEO IUPEIMOOS SURFACE: BU? fa! EAOl LOT PERR-to lONING coot, MAXIIJ\Jfl. 75X IMPONOJS SURfAC( IS AllO'MJ) FOR !OX R(OUCEO IMPERVIOOS SURfACE: 0MP. 65:\'. MAXIMUM !QI NO LOT I LOT 2 LOT J LOT 4 LOT 5 LOT 6 LOT7 LOTB LOT 9 !OT NlEA 4,110 S.F, 2,BOJ SJ. 2,646 Sf. 6,697 sr. 3.09 Sf. 3.167 s.r. 4,825 S.f. 4,055 S.F". 3.746 SJ. LUA-05-118 FP ~O-XX-XX)(}( 65% MUilMltM IMPfRYl(!IS Sl!BfAq 2,672 S.F. 1.822 S.F. 1,850 S.F. 4,J53 S.F, 2,047 SJ. 2.059 S.f. 3,136 S.F 2,6.l6 S.F. 2,<35 S.F. SINGLE FAMILY RESIDENTIAi fl OW CONTROL BEST MANAGEMENT PRACTICE· SINGLE FAMILY RESIOENctS AND OlHlA IMPROVEMENTS C(),!Sffi\/CIW 00 THE LOTS CllEAIEO BY TlilS stJBCl'IISION MUST IMPLEMENT THE FLOW CONTR!l. BEST M.1.HAGOIENT PRACTICES STIPUI.ATID IN 1HE m>ROVED DR.IJNAGE STUDY Al'«l Pl.ANS NO, Ct/ Fl.E 'MTH M: OTY Of RENTCtl 00 AS USIEO IN THE TABLE OELOW AS llnL AS ANY DECI.ARATlON OF CO\IENANTS AND GRAN1S OF EAS£MENT RECOllOEO HEREON "1H,!!lll[ll '°" LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 '°" LOT 6 LOT 9 ""--lleL R£1)JCE0 IUPER..,OJS SIJRFAll:S BMP REDUCED IMPEfi\llOUS SURFACES BMP REDJCEO IUPEfi't'ICI.JS SURf"ActS BMP REDUCED IMPERVIOUS st.WACES BMP REDUCED IMPEfi..,OUS SURFAC(S BMP RWJC.:0 IMPERVIOUS SURrActS BMP REDJCEO IM~ smFACE:S 8UP REDUCEO IMPER..,OJS 51.JRfACES Bl.!P REDUCED IMPERVIOUS SURFACES BMP COl,IPUANCE WITH THIS STIPULATION MUST BE ADDRESSED IN THE "S1NGL£ FAMILY RES10£NTIAL BUILDING PERUIT DRAINAGE RE\IIEW' llttEN ANY APPLJCATION IS MADE FOR A l!UIUllNG PERMIT f{f! TH( LOT DRAINAC{ FROM IMPERYJOUS SURFACES REO\JIREMENT· ,'JJ. SU:LOINO DO'IINSPOOTS. fOOllNG DRAINS ANO 0/l:AtlS nmu AU IUPER'MlUS SURfACE:S SUCH AS PATIOS AND DRIViWAYS ~fil BE Ct:INNECTED TO Tl£ PERVANENT STCIIU DRAIN OUllET "5 SHOVIN ON 111E APPROVEO CONSTRUCTION DRAWINGS OR ADDRESSED IN THE 'SINGLE fAMllY RESIOENTIAL BUllI.NNO PERMIT DRAINAGE RrnEII" ON 8LE 'MTH T\jE CITY OF RDITON. T\jlS PLAN SHAUB( SUBMlfTElJ 111TH THE Af'PUCATIOO FOR ANY IIUILDING PERMIT. All CONNECTIOHS TO lHE OOMISlREAM DR~ACE S'l'SlrM SHAU. BE IN ClllilPLJ.I.HCE 'Mrn OTY OF' RENTON STANDARDS. All CONNECTIONS OF' rnE DRAINS MUST BE CONSTRUCIEO ANO APPR0\,£0 PRlOR TO THE FINAL BUILDING INSPECTION APPROVAL PRIVATE DRAINAGE EASEMENB ' ' ' , • lHE OR.IINACE FACUTIES LOCATED 'MTHIN TH( PRIVAl( tASEILNTS SHOIIN ON T\jE PLAT SHAU. BE QW,j[Q, {~'(11At(IJ, f AND MAINTAINED er rnE Hot.1£0~rn·s ASSOOATION ClltATEO FOR 11-llS PLAT. ™E HOldfO'IINtR'S ASSOCIATION SHALL BE -i ESTABLISHED IN ACCORDANCE '111TH WASHINGTON STAT£ LAW. l 111( QTY {J' RENTl)j SHALL HA',£ THE RIGHT TO ENID! SAO EASE:MEN~ TO REPAIR mY omarnaES {J' THE DRAINAGE FACILITY IN THE EVENT THE OWI-IER(S) IS/ARE NEGLIGENT IN ™E MAINTENANCE Of THE DRAINAGE TAOUTIES THESE I REPAIRS SHALL BE AT THE O'M-l(R'S COST. t PRIVATE DRAINAGE FACIUTIES/BMPS; lr1E Ol'INER(S) OF PRIVATE F'!la'EllTY '/llllOl lHIS PLAT ENCIJ!.!BrR[I) 'MlH DRAINAGE FACUTl(S REOOtRED 8Y PLAT DESIGN, CO\,£NANT OR CONOITlON, HEREBY GRANT AND CONVEY TO THE CITY OF' RLNTW. A MUNIOPAL CORPORATION, T\jE RJGl!T Of REASONABLE ACCESS (1NC1l£SS ANO [GIUS) TO ENTER SAID PRCf£RTY fell THE PURPOSE {J' OOSER'IING THAT TliE Ol'lfilR(S) ARE PR!FERl.Y CP!:RATING AND lo!AINTAN?NG THE ORAf/ACE: FAOUTIES CONTAINfD T\jffiDN. lHE OWNER(S}S (J' SAIO PRIVATE PROPUITY SHfil RETAIN, UPHClD, PROT£CT T\j[ ST<JlMWATER fl.ANAGf:MENT OE\1CES, fEAIUR!:S, HlHWA\'S, LIMITS, AND RESTRICllOOS, KNO'/iN "5 FLOW COOTROL BEST MANAGEMENT PRACTICiS ("llMPS"), SHO~ ON TI-lE OOAINAGE STUDY ANO PLANS NO. ON TiLE ll>iTH THE CITY OF' l!ENTOO. THE OVINEfi[S)S Of SAIO PRIVAT£ PROPERTY ARE RESPONSIBLE FOR OPERAllNG, MAINTAINING, ANO REPAIAIN(; THE StORMWATER UANAGEMENT DE\'ICES. FEATURES. PATHWAYS. Ulo!ITS. .I.Nil RES~S. KNO\litl "5 FLOW CONTROL BEST MANAOCUENT PRACTlC(S ("8MPS") CONT.IINEO ON SAID PRIVAT( PR .W: HrnEBY R£QIJIREO TO Dill.I.IN ANV REQUIRED PERM!~ OR PERI.NSSION rROM me: CllY or RENTON I TllNG OR REM0\1NO \IEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAJNTENANCE SUCH ASL lo!tlif'.f;iU.J:'nt 'IEGETATEO llRAINAGE rACIUllES (SUCH "5 R,IJN GAROENS. ETC.) CR PO!F~J~ALITRA~ on MOOIF1CATI0NS TO TH.E DRAINAGE FAOUTIES AND/00 OES1GNA1ID FLOW PAnfS ti . PRIVAT£ PROPERTY. THIS COVENANT SllALL RUN ~lH rnE LANO .I.ND IS BINOING UPON 111E O ~~;1!11111(1,1!;_ PROPERTY, THUR HDRS. SUCCESSOllS ANO ASSIGNS. V/~1un I I ~ i i l • I VOLUME AG£ HONEY CREEK VIEW ESTATES A PORTION OF THE S.W. 1/4, OF THE S.E. 1/4, SEC. 4, TWP. 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON 33 CALCULUED ~ PER KCAS _./ i I i~ 0 ~ QJY If BfNJqj h'Q 716 r()UI() MON IN CASE. fXf CONCRE[ W/l-J/4' PUNCHED BR.I.SS Dt9< AT INIERS[CllON Cf UNION Al{. N.E . .t N.E. 21ST STRCET. ;;;,·,, ii,? I "' 'dSITED J/4/2004 5 ~~ -~-+5190.24'(C)(KCAS) 4 ,;--2578.1S'(c) _ lJ06.04TT306.04, 3 \_C~truTED .: ~I~ ~ --- 5 1J09.41' 1309 41' ~ ;." ui OR<CAS gr S,,U,.,!'E ~,-~ ... 62 51~~~ zli,:, ~r . §~~ e,urum,~ ~,~ ~·h~ ?Jr:~:i:~1 'f.x4•CQlOUW/H/2" PER KCAS i --PIJN(MD rt.'.! EII.I.SS DISK AT tlTUISCCTICfl Cf 79' 1312.79'4 3 tHffi Al{. N.E. .t: N.f. \21\l STR£E1, 9 Nsewu·w-,,,gJED l/4/2004 2625.58'(c)(KCAS) 9 10 $EC1ION SUBPIMSON 5tCTICtl 4, roJfaG' 2J N(ftlH, RANI{ 5 EAST, UL, lllNG COONTY, W~Glffi SCAl1: 1"• loot HONEY CREEK PARK VOL 59, PG. 57 l!Ullf11Dm:1JS1\l&II RTlUl'EllllSDI.IOll&~T2fW. OJl" flllll tllllU!lll PIIIIOON ',l!l'{D 12Mh'H, ~ 'f;!; e• ~ ;iS ;; :I ~· ~ s,0 "' z. ~ HONEY CREEK YJEW ESTAifS ADDRESSES· MAIN PLAT LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LUA-05-0118 fll LND-XX-XXXX 3524 SUNSET BLVD., RENTON, WA 1500 PIERCE AVE NE, RENTON, WA 1506 PIERCE AVE NE, RENTON, WA 1512 PIERCE AVE NE, RENTON, WA 1518 PIERCE AVE NE, RENTON, WA 1524 PIERCE AVE NE, RENTON, WA 1523 PIERCE AVE NE, RENTON, WA 1517 PIERCE AVE NE, RENTON, WA 1511 PIERCE AVE NE, RENTON, WA 1505 PIERCE AVE NE, RENTON, WA 1 OT AREA TARI E· LOT 1 4,110 S.f, LOT 2 2,803 s.r. LOT J 2,846 SF. LOT 4 8,697 S.F. LOTS 3,149 Sf, LOT 6 3,167 S.f, LOT ? 4,625 S.F. LOT 6 4,055 S.F. LOT 9 3,746 S.F TRACT "A" 34,222 S.f smrET ROW 6,774 Sf. BOONDARY AIU 7B,393 S.f, 0.094 ACRES 0.064 ACRES 0.06~ ACRES 0.154 ACRES 0.072 ACRES 0 073 ACRES 0.111 ACRES o.093 M1lES 0.0B6 ACRES 0.7B6 ACRES 0.201 ACRES I.BOO ACRES ---------------.. __ Pl~ SCALE IN ffiT 50250 50 SCALE : 1• • 50' QJY (f flffiTIJj l«l Wi f"QJNDl/0011~4"xt"a:HC!lf:1E IOO :~i~~~\{.~[.A~ ---- ft[. 21ST Sffll. "1SITEO 3/4/2004 9 3 ' 10 ·Offfeth~ on nmg DiV, 5 ;,""" ,oo '" "'" ,-w --llMlf/PIP( mm \\\TH CONC. W/IROO PIN IN Crnl'El!IJN[ Of N£ SIJHSEIBLI{) '11511[0 IO/IB/2006 ., Fl. 5 E., W.M., SHEET 4 OF 6 HONEY CREEK VIEW ESTATES A PORTION OF lHE S.W. 1/4, OF lHE S.E. 1/4, SEC. 4, TWP. 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON SCALE IN FEET r S[E S!lEET 4 or 6 HONEY CREEK PARK VOL. 59. PG. 57 20 10 0 20 9 :~ ~/" " ;' "" N61r49"1rw i <i) t------"'~~"'i-'----'--11 ~ .I 21' ., 9 I SB6W'J9"E .S4.89' 2 ~-3 UOJ50.n. ;~ 1,s.& so. n. Mlll.l,(Jlf"S aoe,i.rRcs 1000 0\.( 0 1000' Psn( >I 't--~-~="'----L.----'~""'----1-H09"481T• 7&!0' 21' ,. I g ~ ~ t i, • UNPLAffiD SCALE ; 1" • 20' TRACT "A" (SENS1TI'<£ AREA TRACT) lrOOlDc (C) "'"'"" "' = ~ cwm llR11. ~\{'f (KCAS) (R£C(RD N'tRlllOO<) ® SET 5TANOARD MOll.lOT .. C.1.<:t: {Sa~SCO<m:UC1lNl51XW'l£1!1l) 0 """'""= {Sil l«JI[ 1, !I'll! 1(1" 6) ® 1'1115111ANP~-T~l(Pf'l) (SII!lllEl,.9mHJ') '° f ~i~ ~:ii 0 PIIIV•IESl(Al!IUIIAOCU!nl!ll!(PSOC) ~'4a'W 99.58' ta.gg• IJ.:z,• !2.ll' 1~.!l:i' 1 04' SBT43°06"W B1.95' / ' ,. / ,,/ 1: sif ;/, ~--L. _ 1& "'/ ts ® ® @ @ (SII!lltrl,!MI11Cl"t) SRAI-US'.JC(l(!tlj (!fiNOIEll.!MI11Cfl) Sl(llll-.lQ:YMJl.1£.l'nlOll(Wo!:} (SII N01! I. ffll I Cf I) SAAIIJl!Y lf10 Elm(}IJ (S5£) {Sil NIJI[ 111, 9ilT I Cf!) 5l(W.OLl(~l(;l(J (srr 14DT£ n. 9ilT 1 er !) 'il~IDUEEA!DIDll(iUJ (':U 14[)1[ 11. 9ilT I !T!) t . ! ~f ,:c ! ---8TJ5 / I l5i C"t --------~ i I Y of Ren.ton mmo MON IN c•sc l-1/2' S8222·,ta·r en , ---I Pi , IROO PIPE rul~E!H 2CJfc IRON P1rE FUCD llilnl CONC 25 -~ _ / ann,ng!/IJ!RW-1'111.~ ll.NltR\JNl I)' II/IRON PIN 1ft Cf.Nl[RllNE OF NE NE SUNSET ---I IPJ..WlrllLW SUNSET 8LW 8 -....._ -~ 5lllw_ IISl1CD 10/l!/2006 \ISITED 11/13/1006 (S,E. RENTON L VD• ~ ISSAOUAH LUA-05-0118 fP t.HO-lOC-KXXX (SR-eoa) RO.) JUN -3 i:OU 5 t, W.U., SHEET 5 OF 6 ' :; • , " ~ ~ e ~ p • • LUA-05-011!1 FP ~0-XX-XXXX UNPLATIED HONEY CREEK VIEW ESTATES A PORTION OF THE S.W. 1/4, OF THE S.E. 1/4, SEC. 4, TWP. 23 N., RNG. 5 E., W.M., CllY OF RENTON, KING COUNlY, WASHINGTON SCALE IN FEET 50250 50 SCALE : 1" • :IO' UNPLATTED VCWME/P,1,GE rno ll!.(IJ' Sll9W'J9"E 434.69' IW~. SWl/4, ~1/4, SEC 4-2J-5E \ \ TRACT "A" (D UNPLATIED = ,,, """"' '"' ~ (KCAS) m:;; D»lll lDIAl. ll.lMY (mOOrfflllU.JOj) @ Sf1 smcoo wou.E<J Ill clSC (srl~cttlS-ISQ;ljPl.rnll) (D SDffTl\'ClllfJ. ffil.CI (m.NOII' I, SliED!OF!) ® ll:D;SlRIIN ffill.[.l'tMOff(PII') (SEIIIOIE!,Sl!!H!Ofi) (j) lllV.ITl:Sll!RllmVJNMlEE~T(PSllC) (SII IIOlE 1, H.1'12 OF I) @ STtAI 1:1111114 WOOi (9)E) (n l«)J( e, !IID l CH) @ $llJIII ORMWJ: v,a, [.oS(lj(I/T (!1)1() {m NCI[ I, 9m 1 IJ"i} @ ™'1111TSC'IEIIEA!Bl!Ml(SSE) (S!E NDJE \D, !IID 2 (f i) ® 9JOIVC (.ISOf:NI ($lit) (SII NOii' II, ~IT!! OF I) @ lt'~~EE~:IMOO{llli) (YI Mtl11: 1~ 'lltTI l OF•) \IJ.98" 312.21' UNPLATIED 10.00' Ill' SNl!IAAY SEl\£11 USD!!Nt, REC.NO.~l04~1 City of Rento Planning Division n JUN -3 2013 s.,,,,.,r,,r,, l,(opplnr, ond (Oltfl -ti mo s,.a, 1<1,1 """~ soi, c-,, r•~ ""~-. nooJ :~=-~~=:..,c::• (W) !IB-&11< S.W. 1/4, S.E. 1/4, SEC. 4, T. 23 N .. R, 'E., W.M., JOBf 06-064 SHEET 6 OF 6 i i • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CITY OF RENTON SEP O 9 2013 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Honey Creek View Estates Final Plat LUA 13-000703 ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) _______________ ) Summary 16 The Applicant has applied for final plat approval for the Honey Creek View Estates subdivision. The final plat is approved subject to conditions. 17 18 Testimony J 9 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. 2. 3. 4. August 20, 2013 staff report from Kayren Kittrick. Addresses of proposed Jos. Plat Map August 20, 2013 memo from Kayren Kittrick to Phil Olbrechts Findings of Fact FINAL PLAT -l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: 1. Applicant. W.H. Hughes Company, Inc. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 9 lot subdivision. The City of Renton approved the preliminary plat on July 17, 2006. The final plat encompasses 78,512 square feet. lt is located at 3524 NE Sunset Blvd. 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: I. Authority of Hearing Examiner. RMC 4-7-1 lO(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat confom1s with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition that shall be placed on the face of the plat: I. All building permits in this plat are subject to the geotechnical recommendations for slope setbacks and foundation design and construction found in the geotechnical reports and addendums by Bergquest Engineering dated May 25, 2005, July 22, 2005, February 12, 2006, August I, 2013, August 8, 2013 and August 14, 2013. Dated this 27th day of August, 2013. FINAL PLAT-2 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-IIO(F)(I) provides that the final plat approval of the hearing examiner is firial subject to appeal to the Renton City Council. RMC 4-8-11 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 for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l 10(E)(8) and RMC 4- 8-100( G )( 4 ). A new fourteen ( 14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT -3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. HONEY CREEK VIEW ESTATES FINAL PLAT LUAB-000703 As Built mylars submitted@ As Built street light mylars submitted. @ Street lighting finaled. @ Monument cards submitted Inspector signed off construction permit@ Final Cost Data and Bill of Sale@ All applicable permit fees are paid @ Planner approved final plat All wetland plans, construction issues approved@ Technical Services recommends approval@ .P''-:-; Check for courier 1(.es HOA and CCRs approved pendipgAttorney 9pproval Fire approval received. Two year Maintenance and Defect Bond in place ~es Deferral permit issued and security device in place~ Jan Illian From: Kayren K. Kittrick Sent: To: Thursday, September 05, 2013 3:43 PM Jan Illian Cc: Neil R. Watts Subject: Attachments: RE: Honey Creek View Estates Final Plat PROJECTCOMPLETION 2 gregg HCVE.doc Here is what I know is done. I haven't seen the final CCR's, but just got back today. From: Jan Illian Sent: Thursday, September 05, 2013 1:26 PM To: Kayren K. Kittrick Cc: Neil R. Watts Subject: Honey Creek View Estates Final Plat Kayren, Not sure if Neil informed you that he asked me to finish up Honey Creek View Estates yesterday. I am ready to send the mylars down to Gregg today for signature but need to know if all the attached items are complete before I do. This goes with the mylars. I highlighted the items I know are here. Thanks. Jan,I~ City of Renton Development Services 1055 -S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: August 20, 2013 TO: Phil Olbrechts, Hearing Examiner FROM: Kayren Kittrick, Development Engineering Supervisor x 7299 .~?,. SUBJECT: HONEY CREEK VIEW ESTATES FINAL PLAT 3524 NE Sunset Blvd. LUA13-000703, FP Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for review. This project is assigned to me for final processing of the paperwork and approvals required to final and record this plat. My recommendation to the Hearing Examiner is to approve the Final Plat with one condition: 1. The following condition shall be placed on the face of the plat: "All building permits in this plat are subject to the geotechnical recommendations for slope setbacks and foundation design and construction found in the geotechnical reports and addendums by Bergquist Engineering dated May 25, 2005, July 22,2005, February 12, 2006, August 1, 2013, August 8, 2013, and August 14, 2013." The project is ready for house construction with the exception of the final lift of pavement and side sewer service connection cleanouts. Deferral of these items was approved and an assignment offunds is in hand. I am the responsible party to make certain everything is complete and all conditions met prior to recording. As you are aware, after you approve the final plat all documents are routed back through me for final check, approvals and signatures by the appropriate Administrators prior to recording. During the process I will be declaring all appropriate fees paid and conditions met as well. Please do not hesitate to contact me if you want or require any further information or materials. Thank you. cc: Neil Watts, Development Services Director Bill Hughes, Applicant DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: W.H. Hughes Jr. Company, Inc. Honey Creek View Estates Final Plat (Preliminary Plat LUA05-118) File: LUA 13-000703 3524 NE Sunset Blvd. SW X of the SE X Section 4, Twp. 23 N. Rng. 5 E., W.M. Final Plat for 9 single family residential lots, with sewer, water, storm, streets, and lighting. Stream buffers and Protected Slopes on site. Approve with Condition FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, W.H. Hughes Jr. Company, Inc. filed a request for approval of a 9-lot final plat on March 5, 2013. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a . Determination of Non-Significance-Mitigated with two conditions on September 14, 2009 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 3524 NE Sunset Blvd. The new plat is located in the Southwest Quarter of the Southeast Quarter of Section 4, Township 23 North, Range 5 East, W.M. 6. The subject site is a 78,512 square foot parcel. 7. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 8. The property is subject to the Residential-10 (R-10). 9. The Preliminary Plat received a Determination of Non-Significance-Mitigated with eight mitigation measures on March 14, 2006. 9. The Preliminary Plat received approval with ten conditions from the City of Renton on July 17, 2006. CONDITIONS OF APPROVAL FOR CAVALLA PLAT FROM THE ERC: ERC MITIGATION MEASURES 1. The earthwork activities to be conducted onsite shall only be permitted to occur during the dry months of the year. Applicant complied. 2. The applicant to comply with the recommendations found in the preliminary geotechnical site evaluation prepared by Bergquist Engineering Services dated July 22, 2005 and the follow up geotechnical evaluation dated February 12, 2006. Applicant has complied through a total of five updated geotechnical reports and amendments being submitted by Bergquist Engineering addressing building setbacks and construction recommendations for the building permits reflecting the current conditions on the site. The drainage vault was moved from a proposed tract to the dedicated road through a change during the construction phase to allow easier access and maintenance as well as allowing Lots 4 -7 to be modified slightly to create better building pads within the setbacks. The additional reports were in required by CED due to vegetation and trees being removed by the original developer that had been recommended to be kept. The updated analysis and reports as amended satisfy the mitigation measure. 3. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Applicant complied. The approved construction permit plans and submittals included a TESCP for the project in conformance with Department of Ecology requirements. 4. The applicant is required to comply with the recommendations found in theWetland Study report prepared by Habitat Technologies dated September 23, 2005 and the Supplemental Stream Study and Mitigation Plan prepared by Ecological Land Services, Inc. dated December 9, 2005. Applicant has complied. 5. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual (KCSWDM) to meet both detention (conservation flow control -Level 2) and water quality improvements. Applicant has complied. The location of the drainage vault was changed from a tract to the hammerhead right-of-way for better constructability and maintenance access. The full drainage report and final TIR were prepared and approved as compliant with the 2005 KCSWDM during the approvals for engineering construction. 6. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to the recording of the final plat. In 2012, the City of Renton adopted an Impact Fee schedule that allows the owner/builder to pay the fees with the building permit. All fees shall be determined with the complete building application and collected at each building permit issuance. 7.· The applicant shall pay a Traffic Mitigation Fee in the amount of $75 per net new average daily trip prior to the recording of the final plat. In 2012, the City of Renton adopted an Impact Fee schedule that allows the owner/builder to pay the fees with the building permit. All fees shall be determined with the complete building application and collected at each building permit issuance. 8. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. In 2012, the City of Renton adopted an Impact Fee schedule that allows the owner/builder to pay the fees with the building permit. All fees shall be determined with the complete building application and collected at each building permit issuance. CONDITIONS OF APPROVAL FOR HONEY CREEK VIEW ESTATES PLAT: 1. The applicant shall comply with all requirements of the Determination of Non-Significance- Mitigated that was issued by the Environmental Review Committee on March 14, 2006. Applicant has complied with all requirements of Environmental Review Committee as approved by the CED Development Services and Current Planning staff. 2. A note shall be recorded on the face of the final plat stating that no more than one (1) single family dwelling unit is permitted on each lot. Applicant has complied by placing a note on the face of the final plat under Restrictions. 3. A demolition permit shall be obtained and all inspections completed on the demolition of the existing residence prior to final plat approval. Applicant has complied. Demolition permit 8060657 was issued 12/06/2006 and finaled on 2/07/2007. 4. The applicant shall be required to place "NO PARKING" signage along the hammerhead prior to final plat approval. The applicant has complied. The "NO PARKING" Signs have been installed along the hammerhead per the approved plans. 5. A homeowners' association or maintenance agreement shall be created concurrently with ·the recording of the final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. The applicant has complied. A draft of the HOA agreement has been provided for review and shall be recorded concurrently with the final plat as approved by CED Development Services, Property Services and the City Attorney. 6. A Native Growth Protection Easement shall be recorded over Tract B prior to recording of the final plat map. The applicant has complied. The Native Growth Protection Easement shall be recorded over Tract A as amended by a modification to the plat. The easement is shown on page 2 of the plat under General Notes. The easement shall be recorded concurrently with the plat. 7. The proposed sensitive area tract (Tract B) shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division project manager at the time of the Utility Construction Permit for review and approval and that such fencing and signage shall be installed prior to recording final plat. Due to the storm detention vault tract being revised, the former Tract B has been designated as Tract A on the final plat. The applicant has complied with fencing and signage being installed and approved. 8. The landscape plan shall be revised to show that 2-inch caliper trees shall be provided within the interior of the plat as opposed to the 1 Yz -inch caliper trees proposed. A revised landscape plan shall be submitted prior to final plat approval. Applicant has complied revising the approved plans to reflect 2-inch caliper trees. 9. A trail easement within Tract B shall be dedicated to the City of Renton Parks Department for the Honey Creek Trail. The easement shall be required to be dedicated prior to or concurrently with the recording of the plat. Applicant has complied by including dedication language on the plat. 10. The applicant shall submit a Landscape plan for the storm water detention tract {Tract A) Proposed landscaping shall either be drought tolerant or irrigated. The Landscape plan shall be submitted at the time of Utility Construction Permit application to the Development Services Division project manager for review and approval. The landscaping shall be installed prior to recording the final plat. The storm detention and water quality vault was relocated to under the dedicated hammerhead right-of-way. Tract A was divided between adding to Tract Band making lots 4 -7 more buildable given the setbacks and buffers for the stream and sensitive areas. Additional revised landscaping was provided to meet the intent of this condition. CODE CONDITIONS OF APPROVAL Construction of plat pavement and infrastructure is complete with the exception of 720 square yards of asphalt constituting the final lift of pavement. A request for deferral was received by the Director of Development Service for the final lift of asphalt to be placed by July 31, 2014 to allow construction of the single family homes then restore and overlay the road for a new surface for the new home owners. The applicant's request for deferral of the final lift of paving as well as sanitary sewer service connection cleanouts to be installed with the building permits or until no later than July 31, 2014 was administratively granted on August 7, 2013. The surety in the form of an Assignment of Funds was received August 15, 2013. Inspection and Plan Review staff are satisfied construction and project closeout is complete or covered by the deferral. CONCLUSIONS: The Final Plat appears to satisfy the conditions imposed by the preliminary plat process and as modified and therefore should be approved by the Hearing Examiner. The remaining construction items have been deferred and the cash surety has been submitted to the Development Services Division. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with one condition. The following condition shall be placed on the face of the plat: "All building permits in this plat are subject to the geotechnical recommendations for slope setbacks and foundation design and construction found in the geotechnical reports and addendums by Bergquist Engineering dated May 25, 2005, July 22,2005, February 12, 2006, August 1, 2013, August 8, 2013, and August 14, 2013." SUBMIITED THIS 20th DAY OF AUGUST, 2013 K~K. Kittrick Development Engineering DEVELOPMENT SERVICES DIVISION I , , I : I I 1 ) i' i. i ,11 I, KIM WYMAN, Secretary of State of the State ol'Washington and custodian ol'its seal. hereby issue this CERTIFICATE OF FORMATION to HONEY CREEK VIEW ESTATES HOA, LLC a/an WA Limited Liability Company. Charter documents arc effective on the dak indicated below. Date: 7/9/2011 UBI Number: 603-316-392 (iiv.:,11 t1nder my hand and thL Sc:il (lr tlw St:1ti.:' pf \Vn::hington ut Olympia. the Stall'. Capital Date Issued: 7/10/2013 I I' ! I 'JL. .. ,·®..we«:.. I ·········--·--------- ii ===========-===== .. ~~~ .. 1$~ I ~·/• - Pago 1 of 2 7(~:-~."'=·=· =cw=~=·· =··· ·=· ~~~-~~ X..\b_,··~ . •'' . ' '' ·'. Limited Liability Company Seo attached detailed instn1ctions [".l Filin9 Fee $180.00 D Filing Feo with Expedited Service $230.00 06/05/132431481- 001 FILEDtld: 2548180 SECRETARY OF STATE JULY 09, 2013 ~~8~ N· ,_.._ ~8 g eo-;:. ~ w ~ V1 .... STATE OF WASHINGTON ~ ~===================-=:=J---=·-=---<f7-F1 Number: 603 316 392 -·-=:1 CERTIFICATE OF FORMATION Chapter 25.15 RCW ARTICLE 1 NAME OF LIMITED LIABILITY COMPANY: Honey Creek View Estates HOA. LLC (Must contain one of the following designations: Limited Liability Company, Limited Uabj}ity Co or one of those L---·---a~~:~~vlafions: L.L.C. or LLC. If the dQsignalion Is omiNocf. it will def au~/. to LLC when proct1ssedJ ____ _ ARTICLE 2 ADDRESS OF THE PRINCIPAL PLACE OF BUSINESS: Strool Address _3_s_2_4_S_u_n_se_t_B_tv_d _________ City Renlon Stale WA Zip 98056 PO Box ________________ Cily _______ Stato ___ Zip ____ _ ARTICLE 3 Upon filing by the Secretary of State l EFFECTIVE DATE OF FORMATION: (Please check~ al the fallowing) E'.l 0 Specific Date:· /Spscifted effoctiv• <Jato must be within 90 days AFTER the Certificate I of.Formation has been filed by the Office of tho Secretary of State) r ARTICLE 4 ! TENURE: (Piease check one al the following and indicate rhe dote if applicable) I [".I Perpetual existence 0 Specific term of exislC'ncc -------(Number of years or doto of tenninalion) Washi1)gton LLC . formalion Washington Srtrcta1y of Stale Keviscd 11/1 ! . Pago 2 of 2 -·----· . 1 • ARTICLE 5 I ~-uc 1 "'ITED LIABILITY COMPANY IS MANAGED BY: · E'.I Members or ~----------· (see inslru~/ions) ---------·----------' [) Managers ·-------·--------------·---------------, ARTICLE 6 NAME AND ADDRESS OF .,.HE WASHINGTON STATE REGISTERED AGENT: Name: W.H. Hughes Jr_-_:_~~~-1-nc_. ________________________________ _ Physical Loc<.~tion Addross (requfred): 1440 I !sS;JQUilh-Hobar1 Rd SE ------------------- City lssaquah _____________________ Slale WA Zip Code 98._0_2_7 _______ _ Malling or Postal Address (optional): same City ____________________ Slate ____ Zip Code------ CONSENT TO SERVE AS REGISTERED AGENT: I consent tu serve as Registered Agent in lhe State o: Washington for the above named Limited Liability Company. I understand I! will be my responsibility to accept Service of Process on behatt of the Limited Liability Company: to forward mail to the Limited Liability Company: and to immediately notify the Office of tt,e Secretary ol Slate ii I resign r change the Registered Office Address. ------------------=:--:c-:c------------.. ---------., ARTICLE 7 NAME, ADDRESS AND SIGNATURE OF EACH EXECUTOR: , (If m1cassa,y, eNach additional names, addresses and s;gnatures) Name: __,\}):.__, ...:..\ ..!....~_0_,,ej=!.,---,-tr;--f~'l::'vi.,;...~=.S'----:-----;:-----n-~= -'~S~&!-=rq~u=a~h_,,__State\,I _1 A Zip Code-'"""""'""'2:1 oxt1eut&d undor panaltles of p,;,rjury, ond Is, ro rhe best of my kno\lt'ledr,a, rrue and corr9Ct. x. __ _._.'-1!,'---------------------------------Signature o Executor Printed Name Date Phone Namo: -------------------------------- Address: City State Zip Code ------------------------·------ This documGnt Is hvroby 6XGCuted under J)4'nBltlGS of perjury, and is, to the be,I of my knowledge, lroe and corTKt. x,-------,-- Signature of Executor Wushingtun LU.: -FornU111ri11 Printed Name Date Phone ___ J Rc·•iscd 11/1.1 -1 - DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE HONEY CREEK VIEW ESTATES HOMEOWNERS' ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by W.H. HUGHES JR. CO., INC. AND/OR ASSIGNS (Declarant), the owner of certain land situated in the State of Washington, City of Renton, King County, known as Honey Creek View Estates, which is more particularly described in Exhibit A. · In order to ensure preservation of the gracious residential environment at Honey Creek View Estates, Declarant agrees and covenants, that all land and improvements now existing or hereafter constructed thereon will be held, sold conveyed subject to, and · burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall insure to the benefit of each owner thereof and to the benefit of Honey Creek View Estates Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. Contents ARTICLE I ARTICLEII ARTICLE III ARTICLE IV ARTICLEV ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLEX ARTICLE XI ARTICLE XII ARTICLE XIII DEFINITIONS PRE-EXISTING RESTRICTIONS DEVELOPMENT PERIOD EASEMENTS, OPEN SPACES & TRACTS ASSESSMENTS MAINTENANCE OF LOTS HOMEOWNERS ASSOCIATION MANAGEMENT BY BOARD LAND USE RESTRICTIONS BUILDING RESTRICTIONS UTILITIES ARCHITECTURAL CONTROL GENERAL PROVISION 2 3 3 4 5 7 9 9 12 13 14 14 17 -2- ARTICLEI DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Honey Creek View Estates Homeowner's Association, certain words and phrases shall have particular meaning as follows: · Section I. "Association" shall mean and refer to the Honey Creek View Estates Homeowners' Association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article IX. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article IV unless the language or context indicates othe!"Wlse. Section 3. "Properties" shall mean and refer to the real property described with particularly in Exhibit A. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. Section 5. "Declarant" shall mean and refer to W.H. Hughes Jr. Co., Inc., its successors · and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XIII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of Lots 1-9, inclusive Honey Creek View Estates as recorded in Volume of Plats, Pages , Records of King County, State of Washington, under Recording No. _________ _ Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section 10. "Owner" shall mean and refer to the record owner, whether one or more i I . -3 - persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or . other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas designated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The.Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section I. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (!) a date five years from the date of recording this Declaration cir (2) the thirtieth day after Declarant has transferred title to the purchases of the lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article by written notices to all Owners, whichever date first occurs. During the Develop Period, the Board of Directors of the Association shall be appointed by the Declarant. Section 2. Notice to Owners, Before the termination of the Development Period, the Declarant will give written notice of the termination of the Development Period to the owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding and provision of the Articles of Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five lots shall constitute a quorum. The Board of Directors and officers of the Association may be elected by majority vote of said quorum. If a quorum is not present, the Development period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be the Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the -4- Development Period, members of the Board of Directors need not be the Owners. The Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles .and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such management agent or the Declarant shall have the exclusive right to contract for all goods and services, . payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial states of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SPACES AND PRIVATE TRACTS Section I. Drainage Tract/Easement Restrictions. A drainage tract with easements is indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage tract. The easements give the City of Renton the right to enter upon the said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road among the easements. Section 2. Utility Easements. Various utility easements are designed on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas cable television service and water. These easements give the easement-holders the right to ·enter upon these Lots at all times to effectuate the purposes of the easements. Not utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with · the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement which will interfere with such utility service. Section 3. Structures Prohibited in Rights-of-Way. All rights-of-way within the Plat have been dedicated to the City of Renton. No structures may be placed in rights-of-way within the Plat. Section 4. Maintenance of Detention and Water Quality System. The Home Owners Association shall maintain the detention and water quality system and emergency access roads until such time that those improvements which are or have been conveyed and accepted in writing to the -5 - City of Renton, which will assume maintenance and responsibility of such improvements. ARTICLEV ASSESMENTS Section I. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (I) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in· accord with the following provisions. The annual and special assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the time that the assessment fell due. Section 2. · Purpose of Assessments. The assessments imposed by the Association · shall be used (1) to promote recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the recreational are within the Plat, (3) for legal fees.or damage incurred in · an action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a party, (4) for legal fees incurred by the Homeowners' Association, ( 5) for any other reasonable expenses incurred by the Homeowners' Association. (6) for maintenance of the common storm facility. Section 3. Annual Assessment. The initial annual assessment shall be $ per Lot payable in annual installments; six percent of the assessment shall be allocated and paid to the Declarant to the Association or by a Professional management firm. Such allocated funds tho the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which. are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat management costs, ( 4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increase in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increase in the annual asses~ment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increase in the annual assessment which exceeds 10 percent requires the vote of the members of the Association. -6- (b) After the Development Period expires, any increases in the annual assessment which exceeds 10% requires the approval of 51 % of the members of the Association (c) After the Development Period expires, the Board of Directors shall fix the quarterly assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. If needed, an addition to the annual assessments authorized above, the Association ma levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement within the Plat including fixtures and personal property relating thereto, provided that any such assessment shall have assent of 51 percent of the members of the Association who are voting on person or by proxy at a meeting held duly called for this purpose. Any capital improvements, which exceed $, must be approved by percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy any assessment year a special assessment for the purpose of defraying,· in whole or in part, (I) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred by any _action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Homeowners' Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the constant of percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and not more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association of or proxies entitled to cast 51 percent of the members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called to subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment, Due Dates. The annual assessments described in this Article shall commence on . The first annual assessment shall be adjusted according to the number of months remaining in the calendar ear. Written notice of the Quarterly assessment shall be sent to every Owner subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, -7 - furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as the date of its issuance. Section 9. Effect of Non-Payment of Assessments Remedies of the Association. Any assessment not paid within 30 days of the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be fore the benefit of the Association. The Association shall have the power to bid in an interest and foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein this Agreement. The Association shall have the right to suspend the voting rights of an Owner for and period during which any assessment which the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinated to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale of transfer, however, shall relieve such_ Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS Section I. Exterior Maintenance by Owner. Owner shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. • c8- (a). Street Trees. The street trees planted within and / or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and / or abutting the private and public tracts within the Plat shall be owned and maintained by the Honey Creek View Estates Homeowner's Association. (b). Refuse. All Lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of and Lot in the Plat; the containers shall be regularly emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. ( c ). Storage of Vehicles. Owners may not store goods or equipment or permanently parked vehicles ( e.g. boats, cars, trucks, campers and recreational vehicles) in open view of any Lot, or allow others to do so. When vehicles or goods are permanently parked or stored on Lots for a period over 24 hours, other than in the circumstances described below in subsection ( e) of this section, the vehicles and goods shall be adequately screened from the view of adjacent right of ways and Lots. The screening of such vehicles of goods must have the approval of the Architectural Control Committee. (d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of an improperly parked vehicle, the Board has the authority to have towed, at the Owners expense, any vehicles that are parked in violation of this section. (e). Temporary Parking by Owners. This section does not prevent Owners from parking automobiles and trucks on driveways when the Owners are out of town. (f). Temporary Parking by Guests. This section does not prevent guests from parking automobiles, trucks or recreational vehicles in driveways for a period of four days. However, if the guests either (1) plan to park their vehicles in driveways or (2) stay in their recreation vehicles for a period in excess of four days, the Owners must obtain permission from the Board. (g). Dilapidated, Unsightly Vehicles. Neither Owners nor their guests are allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles of other similar objects which are pared or stored in violation of the terms of this declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance.standards of the Honey Creek View Estates community, the Board shall, upon receipt -9- of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owners Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of the adequate notice by certified mail to the last know address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by the law. In the event that the estimated cost of such repair should exceed one-half or one assessed value of the Lot any improvements of that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles b the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section 1. Nonprofit Organization. The Association is a nonprofit corporation under --the laws of the State of Washington. Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the Honey Creek View Estates Homeowners Association and RCW 64.38. • -10 - ARTICLE VIII _MANAGEMENT BY BOARD Section I. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of either the temporary or permanent Board of Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the Bylaws available to Lot Owners upon request. ,,S"'e,,_ct"io"'n.,__,,2~. _ _.e.1',oerm=s"'. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a).. Insurance. Obtain policies of general liability insurance. (b). Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of the Association· affairs, administration of the Recreational Area within the Plat, or enforcement of this Declaration. (c). Street Lighting. Pay all costs of operating and maintaining street lighting. (d). Maintenance of Lots. If necessary, maintain any Lot if such maintenance is· reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for · the cost of such maintenance. (e). Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is . claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational Area within the Plat rather than merely against the interest therein of particular Owners. Where on or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's -11 - fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (f). Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (g). Right to Contract. Have the exclusive right to contract for all goods and services, maintenance and capital improvements provided, however, that such right of contract shall be subject to Association approval. (h). Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If the emergency of the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot. (i). Promulgation of Rules. Adopt and publish rules and regulation governing the members and their guests and establish penalties for any infraction thereof. (j). Declaration of Vacancies. Declare the office of a member of the Board to · be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (k). Employment of Manager. Employ a manager, and independent contractor, or such other employees as the Board deems necessary and describe the duties of such · employees. (I). Paymerit for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational Area within the Plat and the AssociaQon. (m). Impose Assessments. Impose annual and special assessments. (n). Bank Account. Open a bank account on behalf of the Association and designate the signatories required. • -12 - (o). Legal Actions. Commerce legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The Board also has the authority to defend against legal actions initiated against the Association. (p). Exercise of Powers, Duties and Authorities. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all Owners or any of them. ( q). The Association may not alter or disband the Association or alter or amend the CCR's or By-laws to abandon, convey or disregard any duty owned by the Association to its members or the City of Renton. (r). The Association shall do whatever necessary to maintain, secure, protect or prevent damage or harm to any native growth protection area or otherwise protected space .. ARTICLE IX LAND USE RESTRICTIONS Section I. · Residential Restrictions. All Lots within the Properties shall be used solely for private single-family residential purposes. Each residence must·have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for more than one family. No Lot in Honey Creek View Estates shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development· Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. · Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of the other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, recreational vehicles and disabled vehicles of any kind. Section 4. Fences. Walls and Shrubs. Fences, walls or shrubs are permitted to delineate the lot lines of each Lot, subject to (I) the approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or corrugated -13 - fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slop over three feet (3 '). Section 5. Temporary Structures. No structures of a temporary character or trailer, -recreational vehicle, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public right-of- way may be used temporarily or permanently for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refilling, quarrying or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible of the storage tank is buried. Section 7. Signs. No signs, billboards or other advertising structure or device .shall be displayed to the public view on any Lot except on sign not to exceed five ·square feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may be used by a builder to advertise the property during the construction and sale period. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner IO days written notice of the violation: The Owner must remedy such violations within IO days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorney's fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLEX BUILDING RESTRICTIONS Section I. Building Materials. Homeowners who do not have W.H. Hughes Jr. Co., Inc. and/or Assigns, or the contractor (TBD) designated to construct homes for it shall be obliged to use materials of a quality equivalent to those materials which W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the • -14 - Committee will require that such materials be replaced. The (I) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials equivalent quality. Section 2. Permits. No construction, exterior addition, change or alteration of any structure may be started on any portion of the Properties without the Owner fust obtaining a building permit and other necessary permits from the proper local government authority and written approval of such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alternation proposals (see Article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and the City of Renton codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping shall be completed within eight months of the beginning of the construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonable clean during the construction period. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with provisions of this Declaration. The above recited individuals shall not be deemed guilty of tresp·ass for such entry or inspection. There is created as easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a contractor licensed as general contractor under the statutes of the State of Washington without the prior approval of the committee. ARTICLE XI UTILITIES Section I. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antenna) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section I. Architectural Control Committee ("Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less -15 - than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the . functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed b the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within a month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures ( e.g., garden sheds, tool sheds, doll houses, tree houses, gazebos and playground equipment), fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, bath houses, animal pens or enclosures) or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the structure or alteration have been submitted to and approved in writing by the Committee. The Committee also shall review proposals to change the exterior design and location of the proposed structure, alteration or color change harmonize with the (I) surrounding structures, (2) surrounding natural and built environment and (3) aesthetic character of other homes in the Plat. Section 3. Membership. The Committee shall be designed by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters and discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be • -16 - submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved and the following information about the proposed structure: (a). The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; ( c) The general design; ( d) The interior layout; ( e) The exterior finish materials and color, including roof materials; (1) The landscape plan; (g) Other information which may require in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section I 0. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height configuration and the landscaping of the proposed structure harmonize with (1) the various features of the natural built environment, (2) the aesthetic character of the other homes in Honey Creek View Estates and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee will not approve temporary or non-permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by W.H. Hughes Jr. Co., Inc. and/or Assigns or W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and -17 - .specifications, the Committee shall approve or disapprove the proposal structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall · return the plans and specifications to the address shown on the plans and specifications. Section 13. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the owner. The Committee has no responsibility for ensuring that plans and specifications which itr reviews comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure which it authorizes fails to comply with relevant building and zoning requirements, for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 14. Variation. The Committee shall have the authority to approve plans and specifications which do riot conform to these restrictions in order to (I) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the even that the variation will not (1) detrimentally impact the overall appearance of the development, (2) impair the attractive development or the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorney's fees, expert witness fees and other costs incurred in connection with such legal actions or appeal. (See Article XV, Section 4.) ARTICLE XIII GENERAL PROVISION Section 1. Covenants Running with the Land. These covenants are to ruri with the land and be binding_ on all parties and persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. The Declaration and Bylaws may be amended during the initial 30-year period if 51 percent of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant: The provisions expressly· referring to the Dec)arant may not be amended without the Declarant's approval. All amendments must be filed with the office of the King County Records -18 - Department or its successor agency. These covenants may not be amended to limit or eliminate the responsibility for maintaining the common storm water facility without the prior written approval of the City of Renton. · Section 3. Enforcement. The Association, the Board or any Owner shall have the right to enforce, by any legal preceding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any ( 1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Sever Ability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration of any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be constructed as if the invalid phrase, clause paragraph or section had not been inserted. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this {p day of :je .td:= . , 2--P l '?) . · W.H. Hughes, Jr. Co., Inc. Declarant It's President -19 - STATE OF WASHINGTON ) )ss, COUNTY OF KING ) On this 4*"' . day of 00 okwda,Q.{, 2.0L3 , before me, the · undersigned, a notary public in and for the State of' Washington, personally appeared Wilford H. Hughes, President of W.H. Hughes Jr. Co., Inc., a Washington Corporation, the corporation that executed the within and foregoing instrument, acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public i Washington ......-- Residing at: _l55a C6l),3.Y\ My commission expires: 3 / 2£>/ I+ CITY OF RENTON J?EP ARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 20, 2013 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. LUA (file) Number: LUA-13-000703, FP q I Project Name: Honey Creek View Estates i-------------------------------------1,, I Cross-References: LUAOS-118 ,1 AKA's: l',------------------------------------- 11 Project Manager: Kayren Kittrick ,I Acceptance Date: June 7, 2013 1''----'-------------'---------------------- .1 Applicant: II Owner: 1 Contact: II PIO Number: i! ERC Decision Date: r ERC Appeal Date: :; Administrative Denial: , Appeal Period Ends: ' Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: I Bill Hughes Same as applicant 0423059090 Date: ii ''------------------------------------ 1 : Date Appealed to Council: I By Whom: I: Council Decision: Date: 1, ii Mylar Recording Number: :: Project Description: Applicant requests final plat approval for Honey Creek View Estates, a 9-lot ; 11 and 1-tract plat in the R-10 Zone. Honey Creek is present on the site. A previous final plat was Iii previously submitted and expired. A new owner is submitting a new application for final plat a roval. I Location: \I Comments: II l 3524 NE Sunset Blvd I, ) ,Denis Law , MaYqr· • Bill Hughes ,, , , , ,·W.H: Hughi;,s Jr. Co., Inc: , is.220 Cedar Grove Road: , Issaquah, WA 98027 .~ . . ' . ,Dipartment of Commimityand E~onomic Development · , · , , C.E."Chip''.Vincent: Adl)1ihistrator , , · , , , Subject: . , . . ' . . ' Notice of Complete Application ' . Honey Creek View Estates, lUA13-000703; FP .· . . ' . . . . Dea°tMr: Hughes: . n,e Planning.·Division of the City of Renton has determined that the subject application :is complete ai::~o~ding to sub;,;ittal requirements' a~d, therefore, is accepted for review.· .. ' . ·. Ypu will be notified if any aaditiana1 information is required to 2~ntinue proc~ssing your . · appiic;ation. · · · · · · ". · · · · Please ~ontact rrieat (425) 430~7299 if you have a·ny ql/estions. ' ' .· Si rice rely, '~~~:.i~,~---~·-::.-_· __ ·-c- kayren Kitt rick · · · · · · · · · · : Proj_ect Manager cc: ·Renton City Hall·•. 1055 S~uth Gra_dy Way ; Rehton, Wash_ington 98057 '; renton'Wa.gov ··-.. .. ,, <,.«, City of Re1111ton City of Renton Planning Division lAND USE PERM~l MASTER AP?l~CAT~O JUN -3 ZD13 PROPERTY OWNER(S) PROJECT INFORMATION NAMElo. \\-. ~\ UA~ll! ':, JC Co ; \ C\C · PROJECT OR DEVELOPMENT NAME: 4-\o n e. &e.e. ~- ADDRESS IY~IDI J '.:,:,(UllitLh LL,1,Y\S I V r\ 'Z7o --, CITY: 1 ZIP: (1h'b27 ':, s {ttjU (\(, I PROJECT/A RESS(S)/LOCAclON AND ZIP CODE: 5 52L-1 Sc,nse.-t-"Bll)d. "R e_(\·to<\ IA) !-'I-Cf'?D5 v I / )) TELEPHONE NUMBER L/'2 ~ '3{/J ... 41 L/l/ KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICAt T (if other than owner) EXISTING LAND USE(S): NAME: 1-\\A-SF?-- PROPOSED LAND USE(S): COMPANY (if applicable): .s·;:; L EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: ~(/'v\_() PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) N A TELEPHONE NUMBER: EXISTING ZONING: rz..-1 0 CONT ACT PERSON PROPOSED ZONING (if applicable): ~ _ { 0 NAME: J\i\l ~.\1 Ai'.1~) SITE AREA (in square feet): 7 e, S"l"L J COMPANY (if applicable):. . . _ • . t . w. µ. 1-\-u,tte.s J,. <'n .1'('\C . ,J ADDREss 1'S'22.o (' o,\a.\ C'l{'/l\i1' j<_c) CITY:·, , ZIP: (fJCl21 S":>L\, Cf UO .. l'\ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable), ·'1: f,'\ TELEPHONE NUiBER AND EMAIL ADDRESS: (l/lS ') l{L\ Lj -3'3(J( NUMBER OF PROPOSED LOTS (if applicable) a NUMBER OF NEW.DWELLING UNITS (if applicable): ·~ i \ \ {i) \, \.,l t\V\.Q__',1(\01'\J\J,:.S, co (YI ... 0\ H:\CED\Data\fonns· Templatcs\Sclf·! lelp Handouts\P\anning\masternpp.doc -I • 03/1 l PROJECT INFORMAT"-'10::..:N'-'----'--' (c:..::o:..:.:n:..::tic.:.:n.=.ue::..:d=1.I) _______ ---, NUMBER OF-EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: Wlf\ SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): '"'\ X. 2. 0 ·o '"Tz_ ' £.. ,., 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): /J j i't SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): !0 )Ac SQUARE FOOTAGE OF EXl~TING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): l\l i j).. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): tJ I/\ NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): ? D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY !Attach leaal descriotion on seoarate sheet with the followina information included) SITUATE IN THE /\J f. QUARTER OF SECTION _f_, TOWNSHIP 2J.,"'RANGE 5 , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) W \ f-o, (7' ~ \;t .'.::, , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the curr~nt owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief . STATE OF WASHINGTON ) ) ss .._··-2i;-1 s .) Date Signature of Owner/Representative COUNTY OF KING ) I certify that I know or have satisfactory evidence that \01 \ \()q·;\ \-\ ' \-\(,,1.C(VUZ':, signed this instrument and acknowledge it to be his/her/their free and voluntary act &r the uses and purpose mentioned in the instrument. t ~1~. h 0 r·,_,,r -\2,,,"-'~~R.P4, ,,,,, 1 ck', ,J . '.\,.''''"'\''"' ~ . \ i ) :) L ":J ., ~ ~, """""" '-,1,, ''i ~ Q.. '---\ "\ ~-. \; Date Dated E ~~ff,\ON t-t!!'~"1> 1 ~ Notary Public in and for the State of Washington ff rtj {! ~o1AlpJ. \\ ~ ("'\ 1-0 '7"'-,.' 1· 1J r---~ ~ u ,, .. -c, i z § Notary (Print) 3':){g ('tLY) JS. · 1-{l {Yj ~>\ · ~ ·" ~ "•"'" : 0 -..,....,>.\ '\~J.:..:: \ -V;,,1'•,,;:·30-\<-·":_,c, .:: _3 . ct) -'2.() \ -7 It ~ 111,m"''" ':(\,......-$" My appointment expires: ___ _::_.::_....:.-:....::_L.J_L.. _______ _ '1,11 OF wr,.':> ,,~ ''""'""''''" H:\CElJ\Data\Forms-Templates\Sc\f-Jklp J landouts\Plarrning\masterapp,doc -2 • 03/11 -, PLANNING DIVISION WAIVE .. OF SUBMITTAL RE.QUl~_MENTS FOR LAND USE APPLICATIONS Drainage Report 2 Elevat;MSi•Atcnltecti:i,a1~;\~b·~······: .•.•.• ;.; ..•.• Legal Description 4 Map of 8xlsJi11g Site,Conctltl'ons ,.•, Master Application Form 4 Neighborhood Detail Map 4 ParK1ng,•~9iCPVetage,&U1anctacaping;Ana1ys1i,•';;•••• Plan Reductions (PMTs) 4 This requirement may be waived by: 1 . Property Services PROJECT NAME: Hon~ c:;{c:.. Vtt-W lisbft5 2. Public Works Plan Review 3. Building 4. Planning DATE: _V\11_31j-,-J'-Q,,.O--'-I '2-,_0_I? ___ _ H:\CED\Data\Fom1s-Templates\Self-Help Handou!s\Planning\waiverofsubmittalreqs.xls 06/09 • PLANNING DIVISION WAIVEF JFSUBMITTAL REQUIRL .ENTS FOR LAND USE APPLICATIONS \H,,YLANmu:::i::~~~~rrmAJtH,:,::< ,w~~,;;o Mo:~11;0 . , ····coMMENis; : : Plat Name Reservation 4 Public Works Approval Letter, Screening Detail ~ Stream or Lake Study, Standard 4 dJ' N/A (0-,~ Stream or Lake Mitigation Plan 4 1 , \\ Title Report or Plat Certificate , . Traffic Study 2 treetiatt1ngtllianct,c1eann9:Je11an,:v·,·,,,.,,,,,.,,,,.,,,,,,,,,,,,,,,·,,{[ill]illfilillfilillilll~fillfill-12·=============-g Urban Design Regulations Analysis 4 Ut\hbes.Rian, Benertal1zed .. z,., .••• , •• , , , ..• , , , ••• :. , • • , , • .•... Wetlands Mitigation Plan, Final 4 ffl W.ell~hd$•M1t\!l~Wimd?IM;:P~lm:ilhan(,••::••n·•:•:•:•·•:•:•:•::•:• ,,,:,:::,:,:,:,:,:,:,:,:,:,:,:: :•:•:!d:::,::::::· ::: uu:•::•:•::1:um:yv0.vaJr!51/H:. :::n Wetlands ReporVDelineation 4 ~ I ", "' Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 · Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: _H_o_11_Sj---d-"C=--/c.._rJ_1_Wv_&-5-'· ;_/olr __ 5_ DATE: _ _,M'-'-'-"ctj-'-1--1,._o ~, 1,0_,_~ ___ _ H:\CED\Dala\Forms-Templates\Self~He!p Handouls\Planning\waiverofsubmittalreqs.xls .06109 [D)fENS~TV WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1 . Gross area of property: 1. Zfi; 5/Z 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* 1, 02/ square feet ' square feet Zf. fY7 square feet • CityOfR Pta.nning d11·' . 7tor, ·~ion JUN -3 2013 , "!.'- square feet Total excluded area: 2. ?'?. . 91,,fi square feet 3. Subtract line 2 from line 1 for net area: 3. ?'/. $'{'I square feet 4. Divide line 3 by 43,560 for net acreage: 4. • 11 acres 5. Number of dwelling units or lots planned: 5. _____ units/lots 6. Divide line 5 by line 4 for net density: 6. 'l <if'/ -dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSER V\Forn1s\Planni11g\density .doc Las! upda1ed: 11/08/2004 . -. Cit:vor Ren P/ann/n -to, g Division JUN -3 2013 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 !Pd~©~u~~© RE: Honey Creek View Estates Compliance with Conditions of Preliminary Plat Approval Approval of the Honey Creek View Estates Final Plat is subject to the following conditions identified below. Responses to the conditions of preliminary plat approval are in bold italic. 1. The applicant shall comply with all requirements of the Determination of Non- Significance-Mitigated that was issued by the Environmental Review Committee on March 14, 2006. Response: Development of Honey Creek View Estates subdivision is in compliance with the Determination of Non-Significance-Mitigated Issued on March 14, 2006. 2. A note shall be recorded on the face of the final plat stating that no more than one (1) single family dwelling is permitted on each lot. Response: A note will be placed on the face of the final plat prior to approval that no more than one {1} single family dwelling unit Is permitted on each lot. 3. A demolition permit shall be obtained and all inspections completed on the demolition of the existing residence prior to the final plat approval. Response: The demolition permit was Issued under permit #8060657 and the existing residence has been demolished. 4. The applicant shall be required to place "NO PARKING" signage along the hammerhead prior to final plat approval. Response: The applicant will install "NO PARKING" signage along the hammerhead prior to final plat approval and recording. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. -I - -. Response: See attached draft of the Homeawner's Association document. 6. A Native Growth Protection shall be recorded over Tract A prior to recording of the final plat map. Response: See NGPE Note located on pg. 3 of 7 of Final Plat map. 7. The proposed sensitive area tract (Tract A) shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Service Division project manager at the time of Utility Construction Permit for review and approval and that such fencing and signage shall be installed prior to recording final plat. Response: The required split rail fence and sensitive area tract slgnage will be installed prior to recording of the final plat. 8. The Landscape plan shall be revised to show that 2-inch caliper trees shall be provided within the interior of the plat as opposed to the 1 Y,-inch caliper trees proposed. A revised landscape plan shall be submitted prior to final plat approval. Response: A revised Landscape plan was submitted to the City of Renton on May 28, 2013. 9. A trail easement within tract A shall be dedicated to the City of Renton Parks Department for the Honey Creek Trail. The easement shall be required to be dedicated prior to or concurrently with the recording of the final plat. Response: A trail easement within tract A wl/l be dedicated to the City of Renton Parks Department prior to or concurrently with the recording of the final plat. Smcer:;,/ l/r . Wilford H. Hughes President -2 - -1- DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS City Of /:I Planning Dien.ton . Vision JUN -,9 2013 FOR THE ~ HONEY CREEK VIEW ESTATES HOMEOWNERS' ASSOCIATION/fI{{;!fI§W,/fiftj) THIS DECLARATION is made on the date hereinafter set forth by W.R. HUGHES JR. CO., INC. AND/OR ASSIGNS (Declarant), the owner of certain land situated in the State of Washington, City of Renton, King County, known as Honey Creek View Estates, which is more particularly described in Exhibit A. In order to ensure preservation of the gracious residential environment at Honey Creek View Estates, Declarant agrees and covenants, that all land and improvements now existing or hereafter constructed thereon will be held, sold conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability aad attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and. assigns. All provisions of this Declaration shall be binding upon all paities having or acquiring any right, title or interest in such lands or any portion thereof and shall insure to the benefit of each owner thereof and to the benefit of Honey Creek View Estates Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. Contents ARTICLE I DEFINITIONS 2 ARTICLE II PRE-EXISTING RESTRICTIONS 3 ARTICLE III DEVELOPMENT PERIOD 3 ARTICLE IV EASEMENTS, OPEN SPACES & TRACTS 4 ARTICLE V ASSESSMENTS 5 ARTICLE VI MAINTENANCE OF LOTS 7 ARTICLE VII HOMEOWNERS ASSOCIATION 9 ARTICLE VIII MANAGEMENT BY BOARD 9 ARTICLE IX LAND USE RESTRICTIONS 12 ARTICLE X BUILDING RESTRICTIONS 13 ARTICLE XI UTILITIES 14 ARTICLE XII ARCHITECTURAL CONTROL 14 ARTICLE XIII GENERAL PROVISION 17 •• -2 - ARTICLE I DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Honey Creek View Estates Homeowner's Association, certain words and phrases shall have particular meaning as follows: Section I. "Association" shall mean and refer to the Honey Creek View Estates Homeowners' Association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article IX. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article IV unless the language or context indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularly in Exhibit A. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. Section 5. "Declarant" shall mean and refer to W.H. Hughes Jr. Co., Inc., its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Coritrol Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XIII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of Lots 1-9, inclusive Honey Creek View Estates as recorded in Volume of Plats, Pages Records of King County, State of Washington, under Recording No.---------- Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section I 0. "Owner" shall mean and refer to the record owner, whether one or more -3 - persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagee·s or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas designated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (I) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchases of the lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article by written notices to all Owners, whichever date first occurs. During the Develop Period, the Board of Directors of the Association shall be appointed by the Declarant. Section 2. Notice to Owners, Before the termination of the Development Period, the Declarant will give written notice of the termination of the Development Period to the owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding and provision of the Articles of Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five lots shall constitute a quorum. The Board of Directors and officers of the Association may be elected by majority vote of said quorum. If a quorum is not present, the Development period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3., Temporary board. Declarant may in its sole discretion, and at such times as the De<fla,rant deems· appropriate, appoint three persons who may be the Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the -4 - Development Period, members of the Board of Directors need not be the Owners. The Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such management agent or the Declarant shall· have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial states of development. Acceptance of an interest in a lot evidences acceptance of this management agreefllent. ARTICLE IV EASEMENTS, OPEN SPACES AND PRJVATE TRACTS Section l. Drainage Tract/Easement Restrictions. A drainage tract with easements is indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage tract. The easements give the City of Renton the right to enter upon the said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road among the easements. Section 2. Utility Easements. Various utility easements are designed on the face .of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. Not utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement which will interfere with such utility service. Section 3. Structures Prohibited in Rights-of-Way. All rights-of-way within the Plat have been dedicated to the City of Renton. No structures may be placed in rights-of-way within the Plat. Section 4. Maintenance of Detention and Water Quality System. The Home Owners Association shall maintai-;., the detention and water quality system and emergency access roads until such time th"at those improvements are deeded or sold to a governmental agency, which will assume -5 - maintenance and responsibility of such improvements. ARTICLEV ASSESMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (!) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the time that the assessment fell due. · Section 2. Purpose of Assessments. The assessments imposed by the Association shall be used (I) to promote recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the recreational are within the Plat, (3) for legal fees or damage incurred in an action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a party, (4) for legal fees incurred by the Homeowners' Association, ( 5) for any other reasonable expenses incurred by the Homeowners' Association. ( 6) for maintenance of the common storm facility. Section 3. Annual Assessment. The initial annual assessment shall be $ per Lot payable in annual installments; six percent of the assessment shall be allocated and paid to the Declarant to the Association or by a Professional management firm. Such allocated funds tho the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat management costs, (4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increase in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increase in the annual assessment thirty days before the date that the assessment becomes effective. (a) ; After the Development Period expires, any increase in the annual assessment which exceeds l (),'Percent requires the vote of the members of the Association. ' 6 - (b) After the Development Period expires, any increases in the annual assessment which exceeds 10% requires the approval of 51 % of the members of the Association ( c) After the Development Period expires, the Board of Directors shall fix the quarterly assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. If needed, an addition to the annual assessments authorized above, the Association ma levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement within the Plat including fixtures and personal property relating thereto, provided that any such assessment shall have assent of 51 percent of the members of the Association who are voting on person or by proxy at a meeting held duly called for this purpose. Any capital improvements, which exceed $, must be approved by percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy any assessment year a special assessment for the purpose of defraying, in whole or in part, ( 1) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred by any action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Homeowners' Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the constant of percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and not more than 60 days in advance of the meeting. At the first meeting called, the presence -of 51 percent of the members of the Association of or proxies entitled to cast 51 percent of the members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called to subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment, Due Dates. The annual assessments described in this Article shall commence on . The first annual assessment ------shall be adjusted according to the number of months remaining in the calendar ear. Written notice of the Quartfr\y assessment shall be sent to every Owner subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, -7 - furnish a certificate signed by an officer of the Association ·setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as the date of its issuance. Section 9. Effect of Non-Payment of Assessments Remedies of the Association. Any assessment not paid within 30 days of the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be fore the benefit of the Association. The Association shall have the power to bid in an interest and foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments prpvided herein this Agreement. The Association shall have the right to suspend the voting rights of an Owner for and period during which any assessment which the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinated to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale of transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS ,e , Section I. Exterior Maintenance by Owner. Owner shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. -8 - (a). Street Trees. The street trees planted within and/ or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and / or abutting the private and public tracts within the Plat shall be owned and maintained by the Honey Creek View Estates Homeowner's Association. (b). Refuse. All Lots shall be kept free of debris .. All refuse shall be kept in sanitary containers screened from view of and Lot in the Plat; the containers shall be regularly emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. · (c). Storage of Vehicles. Owners may not store goods or equipment or permanently parked vehicles (e.g. boats, cars, trucks, campers and recreational vehicles) in open view of any Lot, or allow others to do so. When vehicles or goods are permanently parked or stored on Lots for a period over 24 hours, other than in the circumstances described below in subsection (e) 'of this section, the vehicles and goods shall be adequately screened from the view of adjacent right of ways and Lots. The screening of such vehicles of goods must have the approval of the Architectural Control Committee. (d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of an improperly parked vehicle, the Board has the authority to have towed, at the Owners expense, any vehicles that are parked in violation of this section. (e). Temporary Parking by Owners. This section does not prevent Owners from parking automobiles and trucks on driveways when the Owners are out of town. (f). Temporary Parking by Guests. This section does not prevent guests from parking automobiles, trucks or recreational vehicles in driveways for a period of four days. However, if the guests either (I) plan to park their vehicles in driveways or (2) stay in their recreation vehicles for a period in excess of four days, the Owners must obtain permission from the Board. (g). Dilapidated, Unsightly Vehicles. Neither Owners nor their guests are. allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles of other similar objects which are pared or stored in violation of the terms of this declaration. Section 3. .. Lot Maintenance by the Association. In the event that an owner shall fail to maintaifi )he exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Honey Creek View Estates community, the Board shall, upon receipt -9 - of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owners Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of the adequate notice by certified mail to the last know address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by the law. In the event that the estimated cost of such repair should exceed one-half or one assessed value of the Lot any improvements of that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles b the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section 1. Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the Honey Creek View Estates Homeowners Association and RCW 64.38. -10 - ARTICLE VIII MANAGEMENT BY BOARD Section l. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of either the temporary or permanent Board of Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the Bylaws available to Lot Owners upon request. ,,S""ec"'t,,io,..,nc,2,.,_. _ _ecTe,,.rm=s. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a). Insurance. Obtain policies of general liability insurance. (b ). Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of the Association affairs, administration of the Recreation~! Area within the Plat, or enforcement of this Declaration. (c). Street Lighting. Pay all costs of operating and maintaining street lighting. ( d). Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (e). Discharge of Liens. The Bo.ard may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational Area within the Plat rather than merely against the interest therein of particular Owners. Where on<or more Own~rs are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's -11 - fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (f). Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (g). Right to Contract. Have the exclusive right to contract for all goods and services, maintenance and capital improvements provided, however, that such right of contract shall be subject to Association approval. · (h). Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If the emergency of the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot. (i). Promulgation of Rules. Adopt and publish rules and regulation governing the members and their guests and establish penalties for any infraction thereof. (j). Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (k). Employment of Manager. Employ a manager, and independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees. (1). Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational Area within the Plat and the Association. {m). Impose Assessments. Impose annual and special assessments. {n)., Bank Account. Open a bank account on behalf of the Association and designate fh~ signatories required. -12 - (o). Legal Actions. Commerce legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The Board also has the authority to defend against legal actions initiated against the Association. (p). Exercise of Powers, Duties and Authorities. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all.Owners or any of them. ARTICLE IX LAND USE RETSRICTIONS Section I. Residential Restrictions. All Lots. within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for more than one family. No Lot in Honey Creek View Estates shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether .any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition ofNuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of the other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls and Shrubs. Fences, walls or shrubs are permitted to delineate the lot lines of each Lot, subject to (I) the approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or conugated fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front setbacks. Fences or rails shall. be erected \Jlld maintained at the top of any area where they create a vertical or nearly vertical retaiping wall or slop over three feet (3'). -13 - Section 5. Temporary Structures. No structures of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public right-of- way may be used temporarily or permanently for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refilling, quarrying or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible of the storage tank is buried. Section 7. Signs. No signs, billboards or other advertising structure or device shall be displayed to the public view on any Lot except on sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may be used by a builder to advertise the property during the construction and sale period. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. · · Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to ruri at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner IO days written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorney's fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLEX BUILDING RESTRICTIONS Section 1. Building Materials. Homeowners who do not have W.H. Hughes Jr. Co., Inc. and/or Assigns, or the contractor (TBD) designated to construct homes for it shall be obliged to use materials of a quality equivalent to those materials which W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials equivalent quality. Section 2. Permits. No construction, exterior addition, change or alteration of any structure in~ be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local government authority and written approval of -14 - such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alternation proposals (see Article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and the City of Renton codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping shall be completed within eight months of the beginning of the construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonable clean during the construction period. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with provisions of this Declaration. lbe above recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created as easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a co:1tractor licensed as general contractor under the statutes of the State of Washington without the prior approval of the committee. ARTICLE XI UTILITIES Section l. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antenna) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section I. Architectural Control Committee ("Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During tht;. Development Period, the Declarant may elect to exercise and perform the functions '6f.the Committee. If the Declarant elects not to perform this function, or at any time elects to . . no longer perform this function, the Declarant or the Board shall appoint the Committee to function as -15 - herein provided. After termination of the Development Period, the functions of the Committee shall be performed b the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within a month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures ( e.g., garden sheds, tool sheds, doll houses, tree houses, gazebos and playground equipment), fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, bath houses, animal pens or enclosures) or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the structure or alteration have been submitted to and approved in writing by the Committee. The Committee also shall review proposals to change the exterior design and location of the proposed structure, alteration or color change harmonize with the (1) surrounding structures, (2) surrounding natural and. built environment and (3) aesthetic character of other homes in the Plat. Section 3. Membership. The Committee shall be designed by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. . The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters and discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved and the following information about the proposed structure: ' •• (a). The location of the structure upon the Lot; -16 - (b) The elevation of the structure with reference to the existi~g and finished Lot grade; ( c) The general design; ( d) The interiorlayout; (e) The exterior finish materials and color, including roof materials; ( f) The landscape plan; (g) Other information which may require in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section 10. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height configuration and the landscaping of the proposed structure harmonize with (I) the various features of the natural built environment, (2) the aesthetic character of the other homes in Honey Creek View Estates and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee will not approve temporary or non-permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by W.H. Hughes Jr. Co., Inc. and/or Assigns or W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposal structure. The Committee may decline to approve plans arid specifications which, in its opinion, do not confonri to restrictions articulated in this Declaration or its aesthetic standards: The Committee shall indicate its approval or disapproval, on one of the copies of the plans and specifications provided by the applicant and shall return the.,.pl,ans and specifications to the address shown on the plans and specifications. -17 - Section 13. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the owner. The Committee has no responsibility for ensuring that plans and specifications which itr reviews comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure which it authorizes fails to comply with relevant building and zoning requirements, for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 14. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (I) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the even that the variation will not (I) detrimentally impact the overall appearance of the development, (2) impair the attractive development or the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation· would further the purposes and intent of . these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorney's fees, expert witness fees and other costs incurred in connection with such legal actions or appeal. (See Article XV, Section 4.) ARTICLE XIII GENERAL PROVISION Section I . Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of 30 from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. The Declaration and Bylaws may be amended during the initial 30-year period if 51 percent of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. All amendments must be filed with the office of the King County Records Department or its successor agency. These covenants may not be amended to limit or eliminate the responsibility for maintaining the common storm water facility without the prior approval of the City of Renton. 7 ' "'S"'e"'ct"'io,,,,n"--"3~. --"'E..,n.,fo,...r,,ece"'m=e=nt. The Association, the Board or any Owner shall have the -18 a right to enforce, by any legal preceding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (!) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restnc!Ions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Sever Ability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration of any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be constructed as if the invalid phrase, clause paragraph or section had not been inserted. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this . day of _____________ _ W.H. Hughes, Jr. Co., Inc. Declarant By: --------------- It's President -19 - STATE OF WASHINGTON COUNTY OF KING ) )ss, ) On this day of , before me, the W1dersigned, a notary public in and for the State of Washington, personally appeared Wilford H. Hughes, President of W.H. Hughes Jr. Co., Inc., a Washington Corporation, the corporation that executed the within and foregoing instrument, acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. ,, Notary Public in and for the State of Washington Residing at: My commission expires: KENNETH JR... ANDERSON AND ASSOCIATES, INC, PS April 08, 2013 Project: 06-064.07 HONEY CREEK VIEW ESTATES Parcel Map Check .Parcel name: Boundary North: 187467.1945 Line Course: N 01-11-43 E North: 187685.6469 Line Course: S 88-09-39 E North: 187670.0913 Line Course: S 01-07-27 W North: 187532.5777 Line Course: N 82-22-14 W North: 187572.4075 Line Course: S 01-07-27 W North: 187457.3496 Line Course: S 87-48-06 W North: 187453.9756 Line Course: N 82-22-48 W North: 187467.1934 East : 1309583.0799 Length: 218.50 East : 1309587.6378 Length: 484.69 East : 1310072.0781 Length: 137.54 East: 1310069.3797 Length: 300.00 East : 1309772.0355 Length: 115.08 East : 1309769.7777 Length: 87. 96 East : 1309681.8824 Length: 99.68 East : 1309583.0827 Perimeter: 1443.46 Area: 78,393 sq.ft. 1.800 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0030 Course: S 69-04-49 E Error North: -0.00106 East : 0.00278 Precision 1: 481,150.00 LAND SURVEYING• SUBDIVISION PLATTING• CONSTRUCTION LAYOUT• LAND USE PLANNING 17:!0 SOUTH ]--IJH PLACE, SUITE C---1 • PEDERAL WAY, \VASHJNGTON • 98003 J'IIONE: (253)838-1199 • TOLL FRF.E: (88R)·l\38-1199 • FAX: (253)B38-816--I HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 2 of 14 Parcel name: Lot 1 North: 187507 .3413 East : 1309770. 7616 Line Course: S 01-07-27 W Length: 50.00 North: 187457 .3509 East : 1309769. 7807 Line Course: S 87-48-06 W Length: 75.55 North: 187454.4529 East : 1309694.2863 Curve Length: 14.52 Radius: 30.00 Delta: 27-44-08 Tangent: 7.41 Chord: 14.38 Course: N 12-40-21 W Course In: N 63-27-35 E Course Out: N 88-48-17 W RP North: 187467 .8577 East : 1309721.1249 End North: 187468.4835 East : 1309691.1314 Line Course: N 01-11-43 E Length: 40.51 North: 187508.9847 East: 1309691.9764 Line Course: S 88-48-17 E Length: 78.80 North: 187507.3410 East: 1309770.7593 Perimeter: 259.39 Area: 4,110 sq.ft. 0.094 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0023 Course: S 81-13-25 W Error North: -0.00036 East : -0.00232 Precision 1: 112,773.91 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 3 of 14 Parcel name: Lot 2 North: 187581.5601 East : 1309733.4984 Line Course: S 01-11-43 W Length: 73.43 North: 187508.1461 East: 1309731.9666 Line Course: N 88-48-17 W Length: 40.00 North: 187508.9805 East: 1309691.9753 Line Course: N 01-11-43 E Length: 48.43 North: 187557.4000 East: 1309692.9856 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 46-11-43 E Course In: S 88-48-17 E Course Out: N 01-11-43 E RP North: 187556.8785 East: 1309717.9801 End North: 187581.8730 East : 1309718.5016 Line Course: S 88-48-17 E Length: 15.00 North: 187581.5601 East : 1309733.4984 Perimeter: 216.12 Area: 2,803 sq.ft. 0.064 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 00-00-00 W Error North: -0.00000 East : 0.00000 Precision 1: 216,130,000.00 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 4 of 14 Parcel name: Lot 3 North: 187508.1508 Line Course: N 01-11-43 E North: 187581.5648 Line Course: S 88-48-17 E North: 187580.7573 Line Course: S 01-07-27 W North: 187507.3414 Line Course: N 88-48-17 W North: 187508.1508 East : 1309731.9667 Length: 73.43 East : 1309733.4984 Length: 38.71 East : 1309772.2000 Length: 73.43 East : 1309770.7593 Length: 38.80 East : 1309731.9678 Perimeter: 224.37 Area: 2,846 sq.ft. 0.065 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0011 Course: N 88-20-39 E Error North: 0.00003 East : 0.00114 Precision 1: 203,972.73 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 5 of 14 Parcel name: Lot 4 North: 187602.8267 East : 1309720.9393 Line Course: N 01-11-43 E Length: 78.51 North: 187681.3197 East : 1309722.5770 Line Course: S 88-09-39 E Length: 37.46 North: 187680.1174 East: 1309760.0177 Line Course: S 51-03-49 E Length: 7.83 North: 187675.1966 East: 1309766.1082 Line Course: S 17-59-01 E Length: 37.23 North: 187639. 7855 East : 1309777 .6028 Line Course: S 53-00-12 E Length: 17.94 North: 187628.9897 East: 1309791.9309 Line Course: S 01-22-06 W Length: 8.28 North: 187620. 7121 East : 1309791. 7332 Line Course: S 41-15-38 E Length: 16.56 North: 187608.2636 East : 1309802.6543 Line Course: S 43-57-41 E Length: 28.09 North: 187588.0442 East : 1309822.1536 Line Course: S 09-44-21 E Length: 23.21 North: 187565.1688 East : 1309826.0799 Line Course: N 82-22-14 W Length: 54.52 North: 187572.4071 East : 1309772.0425 Line Course: N 01-07-27 E Length: 8.35 North: 187580. 7555 East : 1309772.2063 Line Course: N 88-48-17 W Length: 18.71 North: 187581.1458 East : 1309753.5004 Line Course: N 01-11-43 E Length: 21.00 North: 187602.1413 East: 1309753.9385 Line Course: N 88-48-17 W Length: 33.00 North: 187602.8296 East: 1309720.9456 Perimeter: 390.69 Area: 6,697 sq.ft. 0.154 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0070 Course: N 65-36-38 E Error North: 0.00290 East : 0.00639 Precision 1: 55,812.86 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 6 of 14 Parcel name: Lot 5 North: 187603.6612 Line Course: N 01-11-43 E North: 187682.6040 Line Course: S 88-09-39 E North: 187681.3202 Line Course: S 01-11-43 W North: 187602.8273 Line Course: N 88-48-17 W North: 187603.6617 East : 1309680.9480 Length: 78.96 East : 1309682.5951 Length: 40.00 East: 1309722.5745 Length: 78.51 East : 1309720.9367 Length: 40.00 East : 1309680.9454 Perimeter: 237.46 Area: 3,149 sq.ft. 0.072 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0026 Course: N 77-49-16 W Error North: 0.00054 East : -0.00252 Precision 1: 91,334.62 Parcel name: Lot 6 North: 187604.4956 Line Course: N 01-11-43 E North: 187683.8783 Line Course: S 88-09-39 E North: 187682.5946 Line Course: S 01-11-43 W North: 187603.6517 Line Course: N 88-48-17 W North: 187604.4861 East : 1309640.9567 Length: 79.40 East : 1309642.6130 Length: 40.00 East: 1309682.5923 Length: 78.96 East: 1309680.9452 Length: 40.00 East: 1309640.9539 Perimeter: 238.36 Area: 3,167 sq.ft. 0.073 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0098 Course: S 16-04-11 W Error North: -0.00946 East : -0.00272 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 7 of 14 Parcel name: Lot 7 North: 187584.6475 Line Course: N 01-11-43 E North: 187685.6455 Line Course: S 88-09-39 E North: 187683.8804 Line Course: S 01-11-43 W North: 187604.4976 Line Course: N 88-48-17 W North: 187605.2069 Line Course: S 01-11-43 W North: 187584.2114 Line Course: N 88-48-17 W North: 187584.6495 East : 1309585.5306 Length: 101.02 East: 1309587.6378 Length: 55.00 East : 1309642.6095 Length: 79.40 East : 1309640.9532 Length: 34.00 East : 1309606.9606 Length: 21.00 East: 1309606.5226 Length: 21.00 East : 1309585.5271 Perimeter: 311.43 Area: 4,825 sq.ft. 0.111 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0040 Course: N 59-49-05 W Error North: 0.00200 East : -0.00343 Precision 1: 77,855.00 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 8 of 14 Parcel name: Lot 8 North: 187583.7922 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: s 01-11-43 W RP North: 187558.7977 End North: 187558.2762 Line Course: S 01-11-43 W North: 187519.8045 Line Course: N 88-48-17 W North: 187521.1813 Line Course: N 01-11-43 E North: 187584.6475 Line Course: S 88-48-17 E North: 187583.7922 East: 1309626.5216 Radius: 25.00 Tangent: 25.00 Course: S 43-48-17 E Course Out: S 88-48-17 E East : 1309626.0001 East : 1309650.9947 Length: 38.48 East : 1309650.1920 Length: 66.00 East : 1309584.2064 Length: 63.48 East : 1309585.5306 Length: 41.00 East: 1309626.5216 Perimeter: 248.23 Area: 4,055 sq.ft. 0.093 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 00-00-00 W Error North: -0.00000 East : 0.00000 Precision 1: 248,230,000.00 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 9 of 14 Parcel name: Lot 9 North: 187519.8059 East: 1309650.1920 Line Course: S 01-11-43 W Length: 39.08 North: 187480.7344 East: 1309649.3768 Curve Length: 23.75 Radius: 30.00 Delta: 45-21-19 Tangent: 12.54 Chord: 23.13 Course: S 23-52-23 W Course In: N 88-48-17 W Course Out: S 43-26-58 E RP North: 187481.3602 East : 1309619.3833 End North: 187459.5808 East : 1309640.0147 Line Course: N 82-22-48 W Length: 57.44 North: 187467.1974 East: 1309583.0820 Line Course: N 01-11-43 E Length: 54.00 North: 187521.1857 East : 1309584.2084 Line Course: S 88-48-17 E Length: 66.00 North: 187519.8089 East: 1309650.1941 Perimeter: 240.27 Area: 3,746 sq.ft. 0.086 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0037 Course: N 34-13-23 E Error North: 0.00303 East : 0.00206 Precision 1: 64,937.84 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 10 of 14 --------------------------------------------------------------------------- Parcel name: Tract "A" North: 187670.0938 East: 1310072.0815 Line Course: S 01-07-27 W Length: 137.54 North: 187532.5803 East : 1310069.3831 Line Course: N 82-22-14 W Length: 245.48 North: 187565.1716 East: 1309826.0762 Line Course: N 09-44-21 W Length: 23.21 North: 187588.0471 East : 1309822.1499 Line Course: N 43-57-41 W Length: 28.09 North: 187608.2665 East : 1309802.6506 Line Course: N 41-15-38 W Length: 16.56 North: 187620.7150 East: 1309791.7295 Line Course: N 01-22-06 E Length: 8.28 North: 187628.9926 East : 1309791.9272 Line Course: N 53-00-12 W Length: 17.94 North: 187639. 7884 East : 1309777 .5991 Line Course: N 17-59-01 W Length: 37.23 North: 187675.1995 East: 1309766.1045 Line Course: N 51-03-49 W Length: 7.83 North: 187680.1203 East : 1309760.0140 Line Course: S 88-09-39 E Length: 312.22 North: 187670.0999 East : 1310072.0732 Perimeter: 834.38 Area: 34,222 sq.ft. 0.786 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0103 Course: N 53-48-33 W Error North: 0.00609 East : -0.00832 Precision 1: 81,007.77 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 11 of 14 Parcel name: Street Right of Way North: 187602.1383 East: 1309753.9321 Line Course: S 01-11-43 W Length: 21.00 North: 187581.1429 East : 1309753.4940 Line Course: N 88-48-17 W Length: 35.00 North: 187581.8730 East : 1309718.5016 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 46-11-43 W Course In: S 01-11-43 W RP North: 187556.8784 End North: 187557.3999 Line Course: S 01-11-43 W North: 187468.4793 Curve Length: 14.52 Delta: 27-44-08 Chord: 14.38 Course In: S 88-48-17 E RP North: 187467.8535 End North: 187454.4487 Line Course: S 87-48-06 W North: 187453.9727 Line Course: N 82-22-48 W North: 187459.5738 Curve Length: 23.75 Delta: 45-21-19 Chord: 23.13 Course In: N 43-26-58 W RP North: 187481.3532 End North: 187480. 7274 Line Course: N 01-11-43 E North: 187558.2706 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 88-48-17 W RP North: 187558.7921 End North: 187583.7866 Course Out: N 88-48-17 W East: 1309717.9801 East : 1309692.9856 Length: 88. 94 East : 1309691.1303 Radius: 30.00 Tangent: 7.41 Course: S 12-40-21 E Course Out: S 63-27-35 W East : 1309721.1238 East : 1309694.2851 Length: 12.41 East : 1309681.8843 Length: 42.24 East : 1309640.0173 Radius: 30.00 Tangent: 12.54 Course: N 23-52-23 E Course Out: S 88-48-17 E East: 1309619.3859 East: 1309649.3793 Length: 77.56 East : 1309650.9972 Radius: 25.00 Tangent: 25.00 Course: N 43-48-17 W Course Out: N 01-11-43 E East : 1309626.0027 East: 1309626.5242 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 12 of 14 Parcel name: Street Right of Way-Continued Line Course: N 88-48-17 W Length: 20.00 North: 187584.2038 East: 1309606.5285 Line Course: N 01-11-43 E Length: 21.00 North: 187605.1992 East : 1309606. 9666 Line Course: S 88-48-17 E Length: 147.00 North: 187602.1328 East: 1309753.9346 Perimeter: 581.96 Area: 8,774 sq.ft. 0.201 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0061 Course: S 24-32-34 E Error North: -0.00551 East : 0,00252 Precision 1: 95,403.28 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 13 of 14 Parcel name: Street Centerline North: 187411.1313 Line Course: N 07-37-12 E North: 187460.0356 Curve Length: 11.21 Delta: 6-25-29 Chord: 11.21 Course In: N 82-22-48 W RP North: 187473.2958 End North: 187471.2098 Line Course: N 01-11-43 E North: 187593.8331 Line Course: N 01-11-43 E North: 187603.8309 Line Course: S 03-01-17 W North: 187411.1292 East : 1309662. 7789 Length: 49.34 East : 1309669.3215 Radius: 100.00 Tangent: 5.61 Course: N 04-24-27 E Course Out: S 88-48-17 E East : 1309570.2046 East : 1309670.1828 Length: 122.65 East : 1309672. 7413 Length: 10.00 East : 1309672.9499 Length: 192.97 East : 1309662. 7787 Perimeter: 386.17 Area: 424 sq.ft. 0.010 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0021 Course: S 05-51-36 W Error North: -0.00209 East : -0.00021 Precision 1: 183,890.48 HONEY CREEK VIEW ESTATES Parcel Map Check April 8, 2013 Page 14 of 14 Parcel name: Honey Creek Trail North: 187593.0728 East : 1310070.5700 Line Course: S 87-20-36 W Length: 43.50 North: 187591.0565 East: 1310027.1167 Line Course: N 81-53-23 W Length: 23.76 North: 187594.4086 East: 1310003.5944 Line Course: N 79-24-21 W Length: 36.36 North: 187601.0934 East : 1309967.8541 Line Course: N 58-31-01 W Length: 71.52 North: 187638.4445 East : 1309906.8623 Line Course: N 36-36-04 W Length: 34.71 North: 187666.3099 East: 1309886.1668 Line Course: N 27-32-37 W Length: 11.18 North: 187676.2227 East : 1309880.9969 Line Course: S 66-18-58 E Length: 207.02 North: 187593.0648 East: 1310070.5807 Perimeter: 428.06 Area: 4,507 sq.ft. 0.103 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0134 Course: S 53-19-00 E Error North: -0.00802 East : 0.01077 Precision 1: 31,944.03 ,,, RETURN ADDRESS: Puget Sound Energy, Inc. Attention: R/W Department (HMP) P.O. Box 90868 / EST-06W Bellevue, WA 98009 AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT This Amendment of Easement and Confirmati n Agreement ("Agreement" herein) is made and entered into this _____::-~ of _ . , 2013, by and between W.H. HUGHES JR. CO., Inc., a Washingto o pm lion "Grantor"), and Puget Sound Energy, Inc., a Washington corporation ("PSE"). PSE is the holder of certain perpetual easement rights pursuant to those certain easements from PRICE PROPERTY, LLC dated March 18'", 2008 and recorded under King County Auditor File Number 20080328001274. The Grantor herein is the present owner of the real property described in Exhibit "A" attached hereto and by this reference made a part hereof whicl1 is a portion of the property encumbered by said easements. The Grantor herein and PSE wish to clarify certain matters regarding the above mentioned easements. NOW, THEREFORE, for and in consideration of Mutual Benefits, the parties hereto confirm and agree as follows: Section 1. The Easement, as granted in 2008, as hereinafter amended, remain in full force and effect. Section 2. The legal description of the Easement Area lying within the property described in said Exhibit "A" is hereby amended as follows: Existing "Easement Area" Easement No. 1 and 2 remain in full force and effect, described as follows: Easement No. 1: All streets and road rights-of-way as now or hereafter designed, platted, and/or constructed within the above described property. (When said streets and road are dedicated to the public, this clause shall become null and void.) Easement No._2: A strip of land 10 feet in width across all lots, tracts and open spaces located within the above described property being parallel to and coincident with the boundaries of all private/public street and road rights-of-way. Amended "Easement Area" to include Easement No. 3 and 4, set forth in Exhibit "B" and "C" attached hereto and by this reference made a part hereof. Section 3. This Agreement shall be binding upon and inure to the benefit of Successors and /\ssignees of both parties. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the day and year first set forth above. " GRANTOR: W.H. HUGHES JR. CO., Inc., a Washington rporation GRANTEE: PUGET SOUND ENERGY, INC., a Washington corporation BY: ---~~~~------Supervisor Real Estate Honoy Creek View Estates An1encJment & Cor1f\rmatlon Agreer11ent 11/i 998 W0#105072264 / 1070'17218 RW-084171 (Hrv1P) Page 1 of 4 STATE OF WASHINGTON COUNTY OF ) }SS } On 11,is 0 ] clay of Ma.: , 2013, before me, the undersigned, a Notary Public _in an&ci for I the, .Sta\e ~,of Was hf ton, duly commissioned and sworn, personally appearecl\,VII u,r · _l; . .\-\U:JV\l/'.> lo me known lo be the person who signed as ____ )?_Cb,\ ctii , ~\L\\M>ll.'i '.f:-~L,,__Jj]Q_:_ __ , the corporation that executed .the wilhih and. foregoing instrument, and ack'Mowledgeasaid instr.umen~t be.his/her 1r __ ee and voluntary act and deed and the free and voluntary act and deed of __1,\2_1\~ ·CW\ VIJ S Sc.J::.o~1 Ii\ G . for the uses and purposes therein mentioned; ar,d on oath stated that . ~s authorized to execute the said instrument on behalf of said _\Q_~J1w._fLQ,:,___.::i,~1.1 1:1cc. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. l ,,, ,,~~ "R" i 11,,,,, ~',,,_p..n , P,,, 11, I / ,#' x°"~ .... , ... ,,,,\\\\1111,, ....... (A 111. [L, .: ,;) .~:.,+'5 0'r'~" "~'•,,">,;,, ~ (Si lure of Notary) · :: :o + .,~ ,,., \:Q ~ C::::::> \' .--., ~ \ ~ U> gu -. -,. :~ § J,1\f(,\,\J\. \(. -v 0c f\•1P,1( ~ -• ~ '°& <. i ~ (Pnnt or stamp name of Notary) ~ ~ <, .J. D<1 I~ ::· NOTARY PUBLIC in and for the Slate of 'i., ,~ ,,,,,,,;30-11,,/,,_0 : Washington, residing at IJ..a,(\.\f){I , \,U A_ ,, 0 1!111,""''"" ,-. :::---D. '111 '/,:'"'AS\~\'<'"',,,,.:" My Appointment Expires: u;. I .3 ol, 1 ltt ,-y ~ ,,, i Nolary seal, lP.~! arlJ•,~,~~'h\~)1st be inside f' margins STATE OF WASHINGTON ) )SS COUNTY OF ) 011 this --~ day of , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be lhe person wl10 signed as ~---~----~----· of Puget Sound Energy, Inc. the corporation that executed the witl1in and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deecl and the free and voluntary act and deed of Puget Sound Energy, Inc. for the uses and purposes therein mentioned; and on oath stated that __ was authorized to execute lhe said instruction on behalf of said Puget Sound Energy, Inc. IN WITNESS WHEREOF I have hereunto set my hand and official seal the clay and year first above written. Motary seal, lexl arid all notation5 1111H\ Lis Inside 1" margins (Signature of Notary) (Print or stamp name of Notary) NOTAHY PUBLIC ill and for the State of Washington, residing at--------- My Appointment Expires: _______ _ Exhibit "A" Attached to and mac\e a part of AMENDMENT OF EASEMENT AND CONFOHMATION AGHEEMENT elated , 2013, by and between W.H. HUGHES JR. CO., Inc., a Washington Corporation as Granlor, and Puget Sound Energy, Inc., a Washington Corporation, as Grantee. The Heal Properly: Honey Creek View Estates Ame11ctment & Confirma11on Agreement 11/1998 W0#10507?.264 I 1070472'18 ~W-084171 (H.MP) Page 2 of 4 PARCEL "A" THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SUBDIVISION, 373 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, SAID POINT BEING THE NORTHERLY MARGIN OF STATE HIGHWAY NO. 2 (SUNSET HIGHWAY); THENCE WESTERLY, ALONG SAID SUNSET HIGHWAY, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE OF SAID SUBDIVISION, 145 FEET; THENCE EASTERLY, 300 FEET TO A POINT ON SAID EAST LINE WHICH IS 145 FEET NORTH OF THE NORTHERLY MARGIN OF SAID SUNSET HIGHWAY; THENCE NORTH, ALONG SAID EAST LINE TO THE NORTH LINE OF SAID SUBDIVISION, BEING THE NORTHEAST CORNER THEREOF; THENCE WEST, ALONG SAID NORTH LINE, 484.62 FEET TO A POINT WHICH JS 170 FEET EAST OF THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH, PARALLEL TO SAID WEST LINE TO THE NORTHERLY MARGIN OF SUNSET HIGHWAY; THENCE EASTERLY, ALONG SAID SUNSET HIGHWAY, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF APPROPRIATED BY KING COUNTY SUPERIOR COURT CAUSE NO. 742207 FOR SUNSET HIGHWAY. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. I /·LP I~ 4·1 z.-t, Exhibit "B" Attached to and macle a part of AMENDMENT OF EASEMENT AND CONFORMATION AGREEMENT dated , 2013, by and between W.H. HUGHES JR. CO., Inc., a Washington Corporation as Grantor. and Puget Sound Energy, Inc., a Washington Corporation, as Grantee. Easement Legal Description: EASEMENT NO,l Honey Creek View Estates Amendment & Confirmation Agreement 11/1998 W0#105072264 / ·t0704721B RW-084171 (HMP) Page 3 of 4 TH/IT PORTION OF THE HEREINAFTER DESCRIBED PARCEL"/\", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE TRUE POINT OF BEGINNING OF SAID PARCEL "A"; THENCE ALONG A LINE BEING PARALLEL WITH THE EAST LINE OF A SUBDIVISION, AS DESCRIBED IN SAID DESCRIBED PARCEL "A", NORTH 01°07'27" EAST A DISTANCE OF 145.00 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 01 ° 07'27" EAST A DISTANCE OF 8.35 FEET; THENCE NORTH 88° 48'17" WEST A DISTANCE OF 28.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 °11'43" WEST 20.00 FEET TO A POINT HEREINAFTER · REFERRED TO /IS POINT "A': THENCE CONTINUING FROM SAID TRUE POINT OF BEGINNING NORTH 88° 48'17" WEST /I DISTANCE OF 25.00 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY /\LONG SAID CURVE TO THE LEFr THROUGH A CENTRAL ANGLE OF 78°27'47" FOR AN ARC DISTANCE OF 34.24 FEET A LINE FROM WHICH BEARS NORTH 88°48'17" WEST FROM THE HEREINABOVE DESCRIBED POINT "A"; THENCE ALONG SAID LINE SOUTH 88° 48'17" EAST A DISTANCE OF 49.49 FEET TO SAID POINT "A"; THENCE NORTH 01 °11'43" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO /IS DEPICTED ON EXHIBIT "C" ATTACHED HERETO AND MADE A PART THEREOF. EASEMENT NO. 4: THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", MORE PARTICULARLY DESCRIBED /IS FOLLOWS: BEGINNING /IT THE MOST SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A" SOUTH 82°22'48" EAST A DISTANCE OF 57.44 FEET TO THE BEGINNING OF /I CURVE HAVING A RADIUS OF 30.00 FEET, THE RADIAL CENTER OF WHICH BEARS NORTH 43°26'58" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH /I CENTRAL ANGLE OF 21 ° 46'13" FOR AN ARC DISTANCE OF 11.40 FEET TO A LINE BEING 10.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 82°22'48" WEST A DISTANCE OF 63.90 FEET TO THE WEST LINE OF SAID PARCEL "A"; THENCE ALONG SAID LINE SOUTH 01 ° 11'43" WEST A DISTANCE OF 10.06 FEET TO THE POINT OF BEGINNING. ALSO AS DEPICTED ON EXHIBIT "C" ATTACHED HERETO AND MADE A PART THEREOF. Exhibit "C" Attached to and made a part of AMENDMENT OF EASEMENT AND CONFORMATION AGREEMENT elated , 2013, by and between W.H. HUGHES JR. CO., Inc., a Wasl1ington Corporation as Grantor, and Puget Sound Energy, Inc., a Washington Corporation, as Grantee. EXH/81 T "C" PUGET SOUND ENERGY EASEMENTS SW 1/4, SC 1/4, SECTION 4, TOWNS/PP 23 NORIH, HANCE 5 EASI; WM KING COUNTY, WASHINGTON HONEY CREEK PARK VOL. 59/57 UHPLATIEO ' ' . Exhibit "C" Attached to and made a part of AMENDMENT OF EASEMENT AND CONFORMATION AGREEMENT dated , 2013, by and between W.H. HUGHES JR. CO., Inc., a Washington Corporation as Grantor, and Puget Sound Energy, Inc., a Washington Corporation, as Grantee. EXHIBIT "C" PUGET SOUND ENERGY EASEMENTS SW 1/4, SE. 1/4, SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM. KING COUNTY, WASHINGTON. HONEY CREEK PARK VOL. 59/57 7 6 5 EASEMENT NO. 3 8 9 Pr.pan,d By; KENNETH R. ANDERSON AND ASSOCIATES, INC. Surv11yln9, Mapping ond land Plc,nnlng 1720-SOUTH Jffst Pt.AC£ Sl.lr1t-C P.O. BOX <fl7J F•d~ru! Way, \\'ash/119h>n 9806.J-4 I lJ HONEY CREEK VIEW ESTATES 3524 SUNSET BLVD., RENTON, WA PARCITT, NO(S). 0423D5-9D90 w z ~I <{ w u "" w a: 2 4 3 UNPLATTED TRACT NE CORNER PARCEL "A" T.P.O.B. EASEMENT NO. 1 "A" .::(~ -, ,oz z..-, N ~.J. :Ou 1..il:al SCALE: 1 "=60' DA TE: 4/11 /201.3 PAGE 1 OF 1 ··~·* it .. . . •• : Old Republk i'itle, Ltd. * •• SHORT PLAT CERTIFICATE .. AMENDED REPORT .. Order No.: 5207111320 Unit: R Date: May 3, 2013 at 8:00 a.m. Fee: $ 200.00 Sales Tax: $ 19.00 Total: $ 219.00 FOR INFORMATION AND ASSISTANCE ON THIS ORDER CONTACT: LYNNWOOD OFFICE Marlene Graber, Sr. Title Officer (mgraber@ortc.com) Pam Selle, Sr. Title Officer (pselle@ortc.com) Marian Scott, Sr. Title Officer (mscott@ortc.com) Telephone: (425) 776-4305 Fax: (425) 776-3350 19020 33rd Avenue West, Suite 360, Lynnwood Washington 98036 Our staff can assist you with properties in King , Pierce and Snohomish Counties Reference: W.H. HUGHES CO INC. 15220 CEDAR GROVE RD SE ISSAQUAH, WA 98027 Ladies/Gentlemen: In the matter of the plat submitted for your approval, the Company (Old Republic National Title Insurance Company) has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County and from such examination hereby certifies that the title to the following described land, Situate in said King County, to-wit: Vested in: W.H. HUGHES JR. CO., INC., a Washington corporation Legal Description: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION FOR SPECIAL EXCEPTIONS, SEE ATIACHED: 07111320 Page 1 EXHIBIT "A" That portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 4, Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: · Beginning at a point on the East line of said subdivision, 373 feet North of the Southeast corner thereof, said point being the Northerly margin of State Highway No. 2 (Sunset Highway); THENCE Westerly, along said Sunset Highway, 300 feet to the True Point of Beginning; THENCE Northerly, parallel with said East line of said subdivision, 145 feet; THENCE Easterly, 300 feet to a point on said East line which is 145 feet North of the Northerly margin of said Sunset Highway; THENCE North, along said East line to the North line of said subdivision, being the Northeast corner thereof; THENCE West, along said North line, 484.62 feet to a point which is 170 feet east of the West line of said subdivision; THENCE South, parallel to said West line to the Northerly margin of Sunset highway; THENCE Easterly, along said Sunset highway, to the True Point of Beginning; EXCEPT that portion thereof appropriated by King County Superior Court Cause no. 742207 for Sunset Highway. SITUATE in the County of King, State of Washington. END OF EXHIBIT "A" 07111320 Page 2 SPECIAL EXCEPTIONS: 1. RIGHTS OF PARTIES IN POSSESSION and claims that may be asserted under unrecorded instruments, if any. 2. GENERAL TAXES, PLUS INTEREST AND PENAL TY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Parcel No. Levy Code Assessed Valuation Land Improvements 2013 $4,662.24 $0.00 042305-9090-06 2100 $327,000.00 $0.00 3. Terms and provisions as contained in an instrument, Entitled Recorded City of Renton Ordinance No. 4025 December 3, 1986 in Official Records under Recording Number 8612031455 Establishing a proposed assessment district for sanitary sewer service in the Honeycreek Interceptor Service Area and establishing the amount of the charge upon connection to the facilities. 4. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, 07111320 Amount Truster/Borrower Trustee Beneficiary/Lender Dated Recorded Loan No. $607,810.83 W.H. Hughes, Jr. Company, Inc., a Washington corporation Old Republic Title lnsurane Company, a Minnesota corporation Isola Financial, LLC, a Washington limited liability company February 1, 2013 February 11, 2013 in Official Records under Recording Number 20130211001282 130204 And re-recorded February 12, 2013 in Official Records under Recording Number 20130212001956. Page 3 5. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Truster/Borrower Trustee Beneficiary/Lender Dated Recorded $100,000.00 W.H. Hughes, Jr. Co., Inc., a Washington corporation Stewart Title Company Karen Hunziker February 4, 2013 February 11, 2013 in Official Records under Recording Number 20130211001283 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following: Condemned to For Recorded Affects City of Seattle Electric transmission lines in Official Records under Cause Number 220056 The Easterly portion 7. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following: Condemned to For Recorded State of Washington Right to.enter upon April 26, 1972 in King County Superior Court Official Records under Cause Number 742207 8. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To For Recorded Affects City of Seattle, a municipal corporation and Olympic Pipe Line Co. City of Seattle Electrical Transmission Line Corridor known as Renton Relocation Right-of-Way and Olympic Pipe Line Company's use thereof February 14, 1975 in Official Records under Recording Number 7502140608 A portion of said Premises 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following 10. 07111320 Granted To For Recorded Affects Agreement for Executed By and Between City of Renton Public utilities with necessary appurtenances August 2, 1984 in Official Records under Recording Number 8408020497 A portion of said Premises Stormwater and Sanitary Sewer Easement Arthur E. Eastman and Waunete M. Eastman Price Property, LLC On the terms, covenants and conditions contained therein, Recorded September 13, 2007 in Official Records under Recording Number 20070913001301 Page 4 . . 11. Agreement for Executed By and Between Stormwater and Sanitary Sewer Easement Arthur E. Eastman and Wauneta M. Eastman Price Property LLC On the terms, covenants and conditions contained therein, Recorded February 15, 2008 in Official Records under Recording Number 20080215000996 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To For Recorded Affects Puget Sound Energy, Inc. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines March 28, 2008 in Official Records under Recording Number 20080328001274 All streets and road rights-of-way (both private and public) as now or hereafter designed, platted, and/or constructed within the above described property 13. Terms and provisions as contained in an instrument, Entitled Recorded Survey June 2, 1992 in Official Records under Recording Number 9206029001 14. Any adverse claim based upon the assertion that: (a) Said land or any part thereof is now or at any time has been below the highest of the high water marks of the Honey Creek in the event the boundary of said Honey Creek has been artificially raised or is now or at any time has been below the high water mark, if Honey Creek is in its natural state. (b) Some portion of said land has been created by artificial means or has accreted to such portion so created. (c) Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the Honey Creek, or has been formed by accretion to any such portion. 15. Any easement for water course over that portion of said land lying within the banks of Honey Creek and any changes in the boundary lines of said land that have occurred or·may hereafter occur from natural causes. 16. Any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or any portion thereof. 17. Rights of the State of Washington in and to that portion of said premises, if any, lying in the bed of Honey Creek, if it is navigable. 07111320 Page 5 ' . 18. Rights of the public to unrestricted use of a navigable body of water including, but not limited to navigation, recreational use, and fishing, whether or not the level of the water has been raised or lowered naturally or artificially to a maintained or fluctuating level. NOTE 1: The liability of the Company under this Plat Certificate shall be limited to the amount of actual loss sustained by the addressee because of reliance upon the information set forth herein, but in no event shall such liability exceed the fee paid for this Plat Certificate. RMK/dr 07111320 Page 6 WHEN RECORDED RETURN TO: W,H. Hughes Jr. Co., Inc 3524 Sunset Stvd. Renton, WA 0..'11:f5/...p 'o/ 1(0 OLD REPUBLIC TITLE, LTD .(Jk:L{fl':llL> Escrow Number. 01148-15651 Filed for Record at Requesl of: Stewart TlUe Company 111111111! 11111111111111\f II! II~ l~I ill II! 1111 l! 20130211001281 OLO REPUB~IC TWO 7s.0° PAGE-001 OF 00~ 02/11/2013 11:0B KING COUNTY , WA E2588549 02/11/2013 11:04 Kf~i COUNTY, IJA SALE S7, 793. S0 $432,500.00 PAGE-001 OF 001 STATUTORY WARRANTY DEED THE GRANTOR(S), Kenneth Scott Hunziker, Karen Hunziker, husband and wife, Adam Lin, and Danielle Un, husband and wife for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, conveys and warrants to W.H. Hughes Jr. Co., Inc, a W~shington Corporation the following described real estate, situated in the County of. State of Washington: LEGAL DESCRIPTION ON EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to:. This conveyanc.e is subject to covenants, conditions, restrictions and easements, if any affecting title which may appear in the public record, including those shown on any recorded plat or suivey. Abbreviated Legal: (Requ!red ff full legi31 not inserted a'bove.) Ptn SW Qtr SE Qtr 4-23-5 Tax Parcel Number(s): 042305-9090 Dated: Janua:2r,,13 Ki~.& Adam Lin State of Washington City o1 Aortton Planning Division ~Jlf.'1@.J ,., eanW ~lf'>rcn\\llrE[Q) Danielle Lin ~ l£;; U v:/ u;; County of JG.,v;"Jr' ss t,-~ !.,- l certify lhal t know or have satisfactory evidence Uiat Kenneth Scott Hunziker, ~i\Urtzlker, Aeem l"tt::in, acd DaPfelle Yfl are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: ~M•~ Notary name prin dor typed~ C.. L )t.J fr 1.a-Ci/' Q,trn,'.1 Notary Pu bile in and for the State of WA Residing at -f'u. k..w ,( 2., W Jt,, My appointment expires: •,J~,.. B' 1 -;,,.o, '! ,/ .. VVHEN RECORDED RETURN TO: W.H. Hughes Jr. Co., lnc 3524 Sunset Blvd. Renton, WA Escrow Number. 01148-15651 Filed for Record at Request ot Stewart Title Company STATUTORY WARRANTY DEED THE GRANTOR(S), Kenneth Scott Hunziker, Karen Hunziker, husband and wife, Adam Un, and Danielle Un, husband and wife for and in consideration of Ten Dollars and other good ?nd valuable consideration in hand paid, conveys and warrants to W.H. Hughes Jr. Co., Inc, a Washington Corporation the following described real estate, situated in the County of, State of Washington: LEGAL DESCRIPTION ON EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to:. This conveyance is subject to covenants. conditions, restrictions and easements, if any affecting title which may appear in the pub!ic record, including those shown on any recorded plat or survey. Abbreviated Legal: (Required If full legal not inserted above.) Ptn SW Otr SE Otr 4-23-5 Tax Parcel Number(s): 042305-9090 Dated: January 29, 2013 State of Washington County of lli o 1 Karen Hunziker ~·6 Danielle Lin ss. I certify that I know or have satisfactory evidence that KeRRctl1 Swtt Hunziker, KareA I h:tnriker, Adam Un, and Danielle Un are the persons who appeared before me, and said persons acknowtedged that they signed this Instrument and acknowledged it to be their free and voluntary act for lhe uses and purposes mentioned in thls instrument (U_ Dated; -.Jc. , c L K.ef/er No name printed or typed: -r. 1..:,/t...i!,/t.- Notary Publ!c Jn and for the State of WA Residing at-1':1'!2'"'","''LL---~--------- My appointment expires: -----"'*=lq,.,lc:?fi=''-le~------- CYNTHIA L. KELLER S'fATi. Of WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 02..Q9..18 LPB 10-0S(i) P3ge 1 of2 WHEN RECORDED RETURN TO: W.H. Hughes Jr. Co., lnc 3524 Sunset Blvd. Renton, WA Escrow Number. 01148-15651 Ried for Record at Request of: Stewan TftJs Campany STATUTORY WARRANTY DEED THE GRANTOR(S), Kenneth Scott Hunziker, Karen Hunziker, husband and wife, Adam Lin, and Danielle Un, husband and wife for and in consideration of Ten Dollars and other good ~nd valuable consideration in hand paid, conveys and warrants to W.H. Hughes Jr. Co., lnc, a Washington Corporation the following described real estate, situated in the County of, State of Washington: LEGAL DESCRIPTION ON EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to;. This conveyance is subject to covenants. conditions, feStrlctions and easements, Jf any affecting title which may appear in the publlc record, including tl'lose shown on any recorded plat or survey. Abbreviated Legal: (Retiulred If full legal not insartsd above.) Ptn SW Qtr SE Qtr 4-23-S Tax Parcel Number(s): 042305-9090 Dated: January 29, 2013 State of Washington Daniel County of ~q ss. i~ ~ J. t ~ertlfy that l kno~~W'e satisfactory evidence that KeAF'lctla Scott I ldiitil~ Karen Hunziker, ~ ~· and Dan!slls~"rlfthe persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes menLioned in this Instrument ; Dated: /· 3/· cl:J/3 ~ Notary Public State of Washington ROBIN J BECKMAN MY COMMISSION EXPIRES July 17, 20f5 ·o.~~·~f'~~ .. --m,!: , Notary Publlm and for the State of WA Residing at,rr7ff[Yl.d My appointment expires: 7-/ 7 · .;).l)/3 l.P8 10-05([) Page 1 of 2 .J ORDER NO. : 5207109590 LEGAL DESCRIPTION EXHIBIT The land referred to is situated In the County of Klng, City of Renton, State of Washington, and is described as follows: That portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 4, Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at a point on the East line of said subdivision, 373 feet North of the Southeast comer thereof, said point being the Northeriy margin of State Highway No. 2 (Sunset Highway); TiiENCE Wester1y, along said Sunset Highway, 300 feet to the True Point of Beginning; THENCE Northerly, parallel with said East line of said subdivision, 145 feet; TiiENCE Easterly, 300 feet to a pcint on said East line which is 145. feet.North of the Norther1y margin of said Sunset Highway; THENCE North, along said East line to the North line of said subdivision, being the Northeast comer thereofi THENCE West, along said North line, 484.62 feet to a point which is 170 feet east of the West line of said subdivision; TiiENCE South, parallel to said West line to the Northerly margin of Sunset highway; THENCE Easterly, along said Sunset highway, to the True Point of Beginning; Except that portion thereof appropriated by King County Superior Court Cause no. 742207 for Sunset Highway. SrTUATE in the County of King, State of Washington. ABBREVIATED LEGAL A portion of the Southwest quarter of the Southeast quarter of Section 4, Township 23 North, Range _s East, W.M. Tax Account No. 042305-9090-06 .£ Page 1 of 1 ' .• STATE OF WASl;jlNGTON COUNTY OF _.;::'?:\'-'~.1.....:..+-----, 1 certify that I know or have satisfactory evidence that --'Aw..:dc..:..:.MV\_:___L:__1 n-'------ ------------------4--is the person who appeared before me, and said person acknowledged that signed this instrument and acknowledged it to be _.JJ_JLJ:2..---free and voluntary act for the uses and purposes mentioned in the instrument. DA TED: _7.JL.0.\-, v\_,_\\.-'-y,;,-"----- A-7 -lndividu ltEVLEEN Ill. BUETTNER STATI!OF~ NOTARY PUBUC 'l!N~~ Capacity 12$111 0 Notary Public ~EN RECORDED RETURN TO: k:Ar~ .t+vin-i,k'« "7 / ii t.Jf '?I" fl/. "Rurhm WA-"I~ <,Vi OcD REPUBLIC TITLE. LTD. c.D.::iifiSZ/u t.j / 1lP Escrow Number: 01148-15651 Filed for Record at Request of: Stewart nus Company I Ill!/ Ill lll!II/ IIII !lll!lf !II /l/l/1 ii f /I/Ill I/II/ l~Jua~fPfJ100i283 PRGE-001 OF 004 76. 00 0211112013 11 .06 k:ING COUNTY, UA Old Repo~nc Tltte, Lid. has DEED OF TRUST placed lh,s docvmen1 o/ record as a cusromer (For use in the State of Washington only) ft~b1r;sror8 1fl~ :;;:~~y ~~ valldi\y of Iha documenL THIS DEED OF TRUST, made this 4th day of February, 2013 between W.H. Hughes Jr. Co., Inc, a Washington Corporation as GRANTOR(S), whose address is 11401 lss-Hobart Road #103, Issaquah, ·wA 98027 and stewart TIiie Company, as TRUSTEE, whose address is 188 106th Avenue NE, Suite 420, Bellevue, WA 98004 and Karen Hunziker, as BENEFICIARY, whose address !9 5\2\ t:IE: fff1.dl1 , £ MGIJ;WA C:,fD?j VVlTNESSETH: Grantar(s) hereby bargain(s), sell(s), and canvey{s) ta Trustee in trust, with power of sale, the following d~cribed reel property in County, Washington: LEGAL DESCRIPTION ON EXHIBIT" A'' ATIACHED HERETO AND MADE A PART HEREOF. Abbreviated Legal: (Required if full legal not inserted above.) Ptn SW Qtr SE Qtr 4-23-5 Tax Parcel Number(s): 042305-9090 whlch real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues, and profits thereof. This deed is for the purpose of securing porformance of each agreement of Grantcr(s) contained in th!s Deed of Trust, and payment of the sum of One Hundred Thousand Dollars and No Cents ($100,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor(s). and all renewals. modifications, and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor(s), or any of Granter (s) successors or assigns, together with interest thereon at such rate as shall be agreed upon. DUE DATE: the entire balance of the promissory note secured by this Deed of Trus~ together with any and all interest accrued thereon, shall be due and payable in full on October 31, 2013. To protect the security of this Deed of Trust, Grantor(s) covenant(s) and agree(s): 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure, or improvement being built or about to be built thereon; to restore promptly any building, structure. or improvement thereon which may be damaged or destroyed; and to comply with an laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other, hazards in an amount not less than the total debt secured by this Deed of Trust All policies shat! be held by the Beneflcfary, and be in such companies as the Beneficiary may approve and have loss payable first Lo the Beneficiary, as its interest may appear, and then to the Grantor(s). · The amount collected under any insu,:ance parley may be applled upon any Indebtedness hereby secured in such order as the Beneficiary shall determine. Such appllcation by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. !n the event of foreclosure, all rights of the Grantor(s) in insurance polfcies then in force shall pass to the purchaser at the foreclosure saJe. LPB 22A.OS(r) Pag& 1 of4 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's tees in a reasonable amount, In any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust 5. To pay all costs, fees, and expenses In connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. a. Shouid Grantor(s) fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, or other charges against the property herelnabove described, Beneficiary may pay the same, and the amount so paid, wilh Interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. 7. DUE ON SALE: (OPTIONAL • Not applicable unless initialed by Granter and Beneficiary.) The property described In this security instrument may not be sold or transferred wilhout the Beneficiary's consent. Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust immediately due and payable, unless prohibited by appllcable law. IM/ rz...-4--13 Granter ini1,fs IT IS MUTUALLY lGREED THAT: Beneficiary initials 1. In the event any port!on of the property is taken or damaged in an eminent domaln proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall tie paid to Beneficiary to be applied to sajd obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for faJlure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the peraon entitled thereto, on written request of the Grantor(s) and the Beneflciar;, or upon satisfaction of the obligation secured and writt~n request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor(s) in the payment of any indebtedness secured hereby or in t~e performance of any agreement contained herein, au sums secured hereby shall Immediately become due and payable al the option of the Beneficiary. ln such event and upon wrtttE!n request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of ttie State of Washington, at public auction to the highest bidder. My person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee c1nd attorney's fee; (2) to the obligation secured by this Deed of Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor(s) had or had the power to convey et the time of his/her/their execution of this Deed of Trust, and such as he/she/they may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prtma facfe evidence of such compliance and condusive evidence thereof in favor of bona fide purchaser and encumbrancers for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the absence, death, incapacity, disability, or resignation of Trustee, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor(s), Trustee, or Beneficiary shalt be a party unless such action or proceeding is brought by !ha Trustee. 8. This Deed of Trust applles to, inures to the benefit of, and is binding not onty on the parties hereto, but on his/her/their heirs, devisees, legatees. administrators, e~ecutors, and assigns. Tha term Beneficiary shall rnean the holder and owner of the note secured hara by, whether or not named as Beneficiary herein. LP8 22A-05{r) Page2of4 9. ADDITIONAL TERMS AND CONDITIONS: (check one) a. ls None b. D As set fort on the attached Exhibit ___ which is incorporated by this reference. (Note: If neither "a" or "b" is checked, then option "a" applies.) Dated: January 29, 2013 W.H. HUGHES JR. CO .. INC Wilford Hughes President State al Wai.hi gton 55. County of ~ Wlfrri ~ l certify that I know or have satisfactory evidence that/ who app~~~l be-~re me, and said person acknowledged that he signed tl'}~ Instrument, on oath~. ted that he is authorized to execute lhe instrument and acknowledge it asi\he.of W.H. Hughes Jr. C ., Inc to be the free and voluntary act of such party for the uses and purposes mentioned In this instrume ;, 7Yt d~ Dated .f d;}vl,1 A-, ,UI?; · · . -, NICOLE M. JOHNSON . NOTARY PUBLIC STATE OF WASHINGTON COMMISSION E>:?1R(S ' MARCH 20. 2013 .,.l Notary name printed or typ Nicole M Johnson Notary Public in and for the State of WA Residing at North Bend My appointment expires: March 20, 2013 REQUEST FOR FULL RECONVEYANCE ~ Do not record. to be used only when note has been psid. TO: TRUSTEE The underaigned Is the legal owner and holder of lhe note and alt other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust has been fully paid and satisfied; and you are heraby requested and directed. on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evldences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. Dated: -------------- LPB 22A-05(r) Pagid of4 ORDER NO. : 5207109590 LEGAL DESCRIPTION EXHIBIT The land referred to is situated In the County of King, City of Renton, State of Washington, and is described as follows; That portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 4, Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at a point on the East line of said subdivision, 373 feet North of the Southeast comer thereof, said point being the Northerly margin of State Highway No. 2 (Sunset Highway); TriENCE Westerly, along said Sunset Highway, 300 feet to tile True Point of Beginning; THENCE Northerly, parallel with said East line of said subdMsion, 145 feet; THENCE Easterly, 300 feet to a point on said East line which is 1.45 feet North of the Northerly margin of said Sunset Highway; THENCE North, along said East line to the North line of said subdivision, being the Northeast comer thereofi THENCE West, along said North line, 484.62 feet to a point which is 170 feet east of the West line cf said subdivision; THENCE South, parallel to said West line to the Nortllerly margin of Sunset highway; THENCE Easterly, along said Sunset highway, to the True Point of Beginning; Except that portion thereof appropriated by King County Superior Court Cause no. 742207 for Sunset Highway. SmJATE In the County of King, State of Washington. ABBREVIATED LEGAL A portion of the Southwest quarter of the Southeast quarter of Section 4, Township 23 North, Range 5 East, W.M. Tax Account No. 042305-9090--06 Page 1 of 1 .. -1& JI{) 'OLD R~PUBLIC TITLE LTD. 07 _ . 1-,i,/qu/ After recording, return to: !SOLA FINANCIAL, LLC P.O. BOX817 RENTON, WA 98057 LOAN NO: 130204 ••• .... ~· ... • 'fi • · · •. Old Republic Title, Ltd. DOC UM ENT TITLE: DEED OF TRUST GRANTORS: *"*********RE RECORD TO ADD NOTARY*"'.*.***"'*********** PRIOR RJ<:CORDING NUMm:R 20130211001282 I. . W.H. HUGHES, JR. COMPANY, INC. 2. For additional names, see page GRANTEES: I. ISOLA FINANCIAL, LLC 2. OLD REPUBLIC TITLE INSURANCE COMPANY (TRUSTEE) For ac.Jdilional names, see page LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. Sec page 21 for full length legal description Assessor's Property Tax Parcel or Account No.; 042305-9090-06 •• RETURN TO: Isola Financial, LLC P.O. Box 817 Renton, WA 98057 Loan No: 130204 OW RoPUBLIC TITLE. LTD.~l} 1~/ 'i I 201302lI0012a2"""" OLD llEPUBI...IC TOT 91.110 PACE-681 OF 019 92/1 t/2:1'13 11 :06 KING COUNT'f, UR DEED OF TRUST THIS DEED OF TRUST dated lhis Isl day of FEBRUARY, 201 l, between W.H. HUGHES, JR. COMPANY, TNC, A Washington Corporation, whose mailing address is 14401 Issaquah Hobart Road, #104, Issaquah, WA 98027, (referred to below as "Grantor"); ISOLA FINANCIAL, LLC, a Washington limited liability company, whose mailing address is 555 South Renton Village Place, Suite 570, Renton, WA 98057, (referred 10 below sometimes as "Lender" and sometimes as "Bencficiary")i and OLD REPUBLIC TITLE INSURANCE COMPANY, a Minnesota corpora1ion 1 TRUSTEE, whose address is 2201 61h Avenue, #!201, Seattle, WA 98121 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable considera1ion, Grantor _conveys to Trustee in trust with power of sale, right of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the. following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, waler rights and ditch rights (including stock in utilities with ditch or irrigalion rights)j and all other rights, royalties. and profits relating lo the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located In King County, Stnte of Washington (the "Real Property"): ABBREVIATED LEGAL DESCRIPTION (Please See "'E1hibit A" for Fbll Legal Description) A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. Assessor's Tax Parcel ID Number(s): 042305-9090-06 Grunter hereby assigns as security 10 Lender, all of Grantor's right, title, and interest in and lo all leases, Rents, and profits of the Property. This assignment is recorded in accordance with RCW 65.08.070; the lien created by this assignment is intended to be specific, perfected and choate upon the recording of this Deed of Trust. Lender grants 10 Orantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of all or part of the indebtedness. /}010-1 DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Tenns not otherwise defined in this Deed of Trust shall have the meanings allributed to such 1crrns in the Unifonn Commercial·Code. All references ro dollar amounts shall mean amounts in lawful money oflhe United States of Americ3. IJ01fH Beneficiary. The word "Beneficiary" means ISOLA FINANCIAL, Washington limited liability company, its successors and assigns. FINANCIAL, LLC, also is referred to as "Lender 11 in this Deed of Trust. LLC, a ISOLA Deed or Trust. The words "Deed of Trust" mean chis Deed of Trust among Granter, Lender, and Trustee, and includes without limitation all assignment and security inleresl provisions relating to lhe Personal Property and Rents. Existing fodebledncss. ·The words "Exisling ihdebtedncss" mean the indebtedness described below in the Exisring Indebtedness section of this Deed o(Trust. Granlor. The word nGrantor" means any and all persons or entities executing this Deed of Trust, including wi1hout limitation, W.H. HUGHES, JR. COMPANY, INC, A Washinglon Corporation. Guarantor. The word "Guanm1or" means and includes without limitation any and all guaranlors, sureties, and accommodation parties in connection with the indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and futurt: improvements, fixtures, buildings, structures, mobile home affixed on the Real Property, facilities, additions, replacements and other construclion on the Real Property. lndebtednes!. The word "Indebtedness" means all principal and interest payable under the Nate and any amounts expended or advanced by Lender to discharge obligations of Granter or expenses incurred by Trustee or Lender lo enforce obligations of Grantor under this Deed of Trust, together wi1h interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means !SOLA FrNANCIAL, LLC, a Washington limited liability company, its successors and assigns. Note. The Word ~Nole" ineans the Promissory Note dated February I, 2013, in the original amount of $607 1810.83 from Granter to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for lhe Note. Personal Property. The words 11 Personal Property" mean all equipmen~ furniture, fixtures, supplies, inventory and other articles of personal property now or hereafter owned by Granter, and now or hereafter attached or affixed 10, or located upon, the Real Property; together wi1h all accessions, pan5i and addilions to, all replacements of, and all substitutions for, any of such property; and together with all issues Wld profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or olher disposition of the Property. "Person.el -Property shall also include Grantor's interest and position in all development and building permits, construction contracts or acreements,' archi1ec1ural or engineering agreemenls, 2 and all plans and specifications in any way related to the development of, or construction orimprovements upon, the Real Property Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Grant" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, construction loan agreements, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. Rents. The word 1'Rent,;" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trusftt. The word ''Trustee" means First American Tille Insurance Company and any substitule or successor trustees. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (I) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST; INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN· THE RENTS AND .PERSONAL PROPERTY, IS GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dec<l ofTrust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in 11, timely manner pcrfonn all of Grantor's obligations under the Note, this Deed ofTrust, and the Relnted Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Granlor's possession and use oft~e Property shall be governed by the following prov.isions: JJ01().I Possession and Use. Until the occurrence of ail Event of Default. Granter may (a) remain in possession and control of the Property, (b) use, operate or manage !he Property, and (c) collect any Rents from the Property (this privilege is a license from Lender to Grantor automatically revoked upon defoull). The following provisions relate to the .use of the Property or to other limitations on the Property. The Real Property is not used principally for agriculture or fanning purposes. 3 /JQ]O,I Duty to Maintain. Grantor shall maintain the Property in tcnantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substance.,. The terms "hazardous waste/ "hazardous suDstance," hdisposal," 11 release," and !!threatened relcase,i' o.s used in this Deed of Trµst, shall have the same meanings ils set forth in the Comprehensi\le Environmental Response, Compensation, and LiaDility Act of 1980, as amCnded, 42 U.S.C Section 9601, et seq. ("CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Gran<or's ownership of tile Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or aboul the Property; (b) Granter has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (I) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of' any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by lender in writing, (I) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use:, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local ]pws, regulalions and ordinances, including without limitation those laws, regulations, and ordinances descrjbed above. Grantor authoriz~ Lender and its agents to enter upon the Property to make such inspections ancl tests, at Grantor's expense, as Lender may deem appropriate to detcnnine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to creale any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein arc based on Grantor's due diligence in investigating the Property for hazardous waste. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other ·costs under any such laws, and (b) agrees to indemnify and hold hannless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of !he Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Granter. 'The provisions of this section of the Deed of Trust, !ncluding the obligation to indemnify, shall survive the payment of the indebtedness 4 fJOZf).I --i and the satisfac1ion and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Granter shall not cause, conduct or pennit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Gmntor will not remove, or grant to any olher party the right to remove, any timber, minerals (including oil and gas), soil, gravel, or rock products wilhout the prior written consent of Lender. Removal or Improvements. Granter shall not demolish or remove any improvements from the Real Propeny without the prior wrinen consent of Lender. As a condl_tion to the removal of any improvements, Lender may require Granter to make arrangements satisfactory lo Lender to replace such improvements with improvements of at least equal value. Lender's Righi to Enfer. Lender and its agents and representatives may enter upon the Real Property at all reasonable limes lo aucnd to Lender's intcrcslS and to inspect the Property for purposes of Gnmtor's compliance with the tenns and conditions of this Deed of Trust. Compliance with Governmental Requirements. Granter shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entitles · of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner, with all Jaws, ordinances, and regulations. now or hereafter in effect, of all governmental authorities applicable lo the use or occupancy. of the Property, including withoul limitation, the Americans Wilh Disabilities Act. Grantor may contest in good fai1h any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Granter has notified Lender in writing prior to doing so and so long a:;, in Lender's sole opinion, LendCr's fn1erests in. the Property arc nol jeopardized. Lender shall not find the. property jeopardized as a result of any immaterial infraction of the foregoing. Lender may require Granlor lo post adequate securily or a sUrety bond, reasonably satisfactory to Lender, to prolc:ct Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Gmnlor shall do all other acts, in addition to lhosc acts set forth above in this section, which from the character and use of the Property are reasonably necessary to prolect and prCscrve the Property. Conslruction Loan. If some or all of 1he proceeds of the loan creating the indebledness 11rc to ·be used 10 construct or complete construction of lhe any Improvements on the Property, !he Improvements shall be completed no later than lhe malurity date of the Note (or such earlier dale as Lender may reasonably establish) and Granter shall pay in full all costs and expcnSCs in connection with !he work. Lender will disburse loan proceeds under such tenns and conditions as Lender may deem rwsonably necessary to insure th81 !he interest created by this Deed of Trust shall have priority over all possible liens. including those of material suppliers and workmen. 5 Lender may require, amonc other things, that the disbursement requests be suppor1cd by receipted bills, expense affidavits, waivers of liens, construction progress reJX)rts, and such other documentation as Lender may reasonably request. DUE ON SALE • CONSl!NT HY Ll!NDER. Lender may, at its option, (a) declare immediately due and payable all sums secured by this Deed of Trust or (b) increase the interest rate provided for in the Note or other document evidencing the indebtedness and impose such olher conditions as Lender deems appropriate, upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in 1he Real Property. A 0 sale or transfer" means the coflveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involunlary; whether by outright sale, deed installment sale contract, land contract, contract for deed, leasehold interest with 'a tenn greater than three (3) years, lease-option co·ntract, or· by sale, assignment, or transfer of UllY beneficial interesrin or to o.ny land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Granter is 11 corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership inlerests or limited liability company interes1s, as the case may be, ofGrantor. However, this option shall not be exercised by Lender if such exercise is prohibited by Washington law, TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a pan of this Deed ofTrust. IJ01M Payment. Grantor shall pay when due (and in all events prior to delinquency) all ta;,.:cs, special taxes, assessments, charges (including water and sewer), fines and impositions levied ageinst or on account of the Property, end shall pay when due all claims for work done on or for services rendered or material furnished to the Proper1y. Granter shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the existing indebtedness referred to below, and except as othefWise provided in this Deed ofTnist. Righi to Contest. Grantor may wi1hhold payment of any tax, assessment. or claim in Connection .with a good faith dispute over the obligation to pay, so long as Lender's. interest in the Property is not jeopardized. If a. lien arises or is filed as a result of nonpayment, Grantor shall within fifteen ( 15) days after the lien arises or, if a lien is filed, within fifteen ( 15) days after Gran tor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit wilh Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an a.mount sufficient to clischarge the lien plus any costs or other charges that could accrue as a result of a foreclosure or sale·under the lien. In any contest, Granter shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Pro~rty. Granter shall name Lender as an additional obligee under any surely bond furnished in the contest proceedings. Evidence or Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end shall authorize the appropriate 6 , governmental official to deliver lo Lender at any· time a wriuen statement of the taxes nnd assessments against the Propeny. Notice or Consfruction. Grantor shall nolify Lender at Least fifteen (t5) days before any work is .commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of lhc work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. /JOJO.I Maintenance of Insurance. Grantor shall, if any improvements are located on the Real Property, procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request wi1h 1rustee and Lender being named as ~dditlonal insureds in such liability insurance, as Lender may reasonably require. Policies shall be wril1cn in form, amounts, cove~agcs and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Granlor, upon requesl of Lender, will deliver to Lender from time to time the policies or cenificates of insurance in form satisfactory to Lender ; including stipulations that coverages will not be canceled or diminished without at least ten (10} days' prior written nolice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of gran1or or any other person. Should the Real Propeny at any time become located in an area designated by the Director of the Federal Emergency Management Agency as n special flood hazard arc. Granlor agrees to obtain and maintain Federal Flood Insurance to the extent such insurance is required by Lender and is or becomes available, for lhe term of the loan and ror the full unpaid principal balance of the loan, or the ma.ximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the indeb1cdncss, payment of any lien affecting the Property, or che restoration and rC'pair of the Property. If Lender elects to apply the proceeds to restoration and repair, Granter sh~II repair or replace the damaged or destroyed improvemenis in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expendi1Ure, pay or reimburse Granter from the proceeds for the reasonable cost of repair or restoration if Granter is not in default under this Deed of Trust Any proceeds which have not been disbursed within 180 days after their 7 .. receipt arid which Lender has not committC"d to the repair or restoration oFthe Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the: principal balance of the indebtedness. If Lender holds any proceeds after payment in full oflhe indebtednes~ such proceeds shat\ be paid without inreresl to Granter as Grantor's interests may appear. Unexplred'Jnsurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass 10, the purchaser of the Propeny covered by this Deed of Trust at any 1rus1ec's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Propeny. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, 10 the extent compliance with the terms of this Def:d of Trust would constitute: a duplication of insurance n:quircment. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that ponion of the proceeds nol payable 10 the holder of the Existing Indebtedness. Grantor's Report on Immranct. Upon request of Lender, however not more 1han once a year, Granter shall furnish to Lender a report on each existing policy of insurance showing; (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property insured, the then currenl replacement value of such property, and the manner of detennining that valuej and (e) the expiration date of the policy. Granter shall, upon request of Lender, have an independent appraiser satisfactory to Lender detennine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Gnmtor fails to comply with any provision of this Deed of Trust, including any obligntion to maintain Existing lndebtedness in good standing as required below, or if nny action or proceeding is commenced that would materially affect Lender's i111ere:sts in the: Property, Lender on Grantor's behalf may, but shall not be required to, mkc any action Iha! Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Note from !he date incurred or paid by Lender to the date: of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to lhe balance of the Nole and be apportioned among and be payable with any installmenl payments to become due during either (I) the tcnn of any applicable insurance policy or (ii) the remaining tenn of lhe Note, or (c) be treated as a balloon payment which will be due end payable at the Note's maturity. This Deed of Trust also will secure peymc:nt of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on a~ount of the default Ahy such action by Lender shall not be construed as curing the default so es to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property arc a part of this Deed of Trust. · 8 Title. Granfor warrants that: (a) Grantor holds good and marketable ti Ile of record to the Property in fee simple, free and clear of all liens and encumbrances other ttian those set forth in the Real Property description or in the Existing Indebtedness scc1ion below or in any title insurance policy, title report, or final 1itle opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has tht full right, power, and at1thority to execute and deliver this Deed.of Trust lo Lender. Derense of Title. Subject to tht exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced thal questions Grantor's title or the interest of Trustee or Lender under lhis Deed of Trust, GfWltor shilll defend the action at Grantor's c:xpensc. Grantor may be the nominal party in such procteding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of ~nder's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may requeSt from time Ip time to penni.1 such participation. Compliance with Law!I. Granlor warrants that the Proptrty and Grantor's use oftht Property complies with all existing applicable laws, ordinances, and regulations of governmental authorilies. EXISTING INDEJ.ITEDNESS. The following provisions concerning existing indebtedness (the "Existing Indebtedness") are a part of this Deed of Trust. Exi!lting Lien. There is no Existing Indebtedness against the Property except as set forth in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust. Default. If the payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time requif(:d by the note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any applicable grace period therein, then, at the option of Lender, the Indebtedness secured by this Deed of Trust shall become immediately due and payable, and lhis Deed of Trust shall be in default No Modification. Grantor shall not enter into any agreement with the holder or any mortgage, deed of trust, or other security agret:ment which has priority over this Deed orTrust by which that agreement is modified, amended, extended, or renewed without the prior written consent. of Lender. Grantor shall neither request nor accept any future advances under any such security agrecmtnl without the prior written consenl or Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of:rrust. /JOltU Appllcallon or Net Proceflis. If all or any part of the Propeny is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may its election require that all or any portion of the net proceeds of the award be applied to the indebtedness or the repair or restoration of the 9 •. Property. The net proceeds of the award shall mean the award after payment of all misonable costs, expenses, and anomc:ys' fc:c:s incurred by Trustee or Lender in connection with the condemnation. Proceedings. lf any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be n«:essary 10 defend the action and· obtain the award. Granter may be the nominal party in sue~ proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in th.e proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to pcnnit such panicipation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITfES. The following provisions relating to governmental taxes, fees and charges are a part of this Dei:d of Trust: Current Taxes, Fees aud Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Orantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including wlthout limitalion all taxes, fees, documentary stamps, and other charges for recording o~ registering this Deed ofTrust. Taxes. The following sltall constitute taxes to which th!s section applies: (a) a specific tax upon this type of Deed of Trusl or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Grantor which Grnntor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taus. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Granter either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security salisfaclory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions ' ~lating to this Deed of Trust as a security agreement are a part of this Deed of Trust. /J01(U Security Agreement. This instrument shall constitute a security agreement to the extent any .of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Unifomt Commercial Code as amended from time to time. Grantor hereby grants and assigns to Beneficiary a 10 security interest, to secure payment and pcrfonnance of all of Grantor's obligations under the Promissory Note, 1his Deed of Trust, and nil related documents, in all oflhe Personal Property and fixtures related to the Real Propeny. Security Interest. Upon request by Lender, Grantor shall execute financing stalements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any tim'e and without further authorization from Grantor1 file executed counterparts, copies or reproductions oft.his Deed of Trust as a financing statement or file such other fonn ns lender may detcnnine without further signature or execution by Grantor. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Granter shall assemble the Personal Property in a manrier and at a place reasonably convenienl to Granter and Lender and make it available 10 Under within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Gran1or (debtor) and Lender (secured party), from which information concerning the Security interest granted by this Deed of Trust may be obtained (each as required by the Unifonn Commercial Code), arc as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATIORNEY-IN-FACT. The following provisions relating to further assurances and anorney-in-fact are a part of this Deed of Trust. Further Assurances. At any time, and from time to time,_ upon request of Lender, Granter will make, execute and deliver, or will cause to be made, cxeculed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or reret:orded, as the case may be, at such times and in such. offices and,p/aces as Lend!!r may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing; statements, continuation statements, instruments of further assurance, certificates, assignments, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effecluale, complele, perfect, continue, or preserve (a) the obligations of Granter under the Note, this Deed of Trust, and the Related Documenls, and (b) the liens and security int~rests created by this Deed of Trust on the Property, whether now owned or hereaft:er acquirerl by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in conncclion with the matters referred to in this paragraph. Atlorney~in-Fatf. If Granlor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name ofGrantor and at Grantor's expense. For such purposes, Grnntor hereby irrevocably 11ppoints Lender as Grantor's attorney~ in-face for the purpose of making, executirig, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. lfGrantor pays all the indebtedness when due, tenninates lhe line of credit, and otherwise performs all the obligations imposed upon Granter under this Deed of /J(JJ(J.I II Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable staiements of tennination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Lender shall release or partially reconvey a legal parcel from the security of this Deed of Trust if requested by Grantor, if: (i} such parcel is a scparale legal lot capable of being conveyed; and (ii) Granter pays to Lender all of the net sale proceeds realized by Granter from the sale of such parcel. Lender may deny the reques1 for partial reconveyance if the Lender, at it sole discretion, believes releasing the property will negatively affect the remaining security and collateral. Any rcconveyance fee shall be paid by Gran tor, if permitted by applicable law. The sran1ce in any reconveyance may be described as the "person or perso'ns legally en1itled 1here10", and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the trulhfulness of any such matters or facts, DEFAULT. Each of the following, at the option ·of Lender, shall constitute an event of default {"Event of Defaull") under 1his Deed of Trust: IJ(JJ(U Default on lndebtednt55. Failure ofGrantor to make any payment when due on the Indebtedness. Default on Other Paymenb. Failure of Grantor within the lime required by this Deed of Trust to make any payment for taxes or insurance, or any olhcr payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure to comply with any other tenn, obligation, covenant or condition contained in this Deed of Trust, the Note oi in any of the Related Documents. If such a failure is curable and ifGrantor has not been given a notice ofa breach of the same provision of this Deed of Trust within the preceding twelve {12} months, it may be cured (and no Even! of Default will have occurred) ifGrnntor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and there.after continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably p"ractical. False Statements. Any warrnn1y, representation or statement mnde or furnished to Lender by or on behalf of Orantor under this Deed of Trust, the Note or the Related Documents is false or misleading in any material respect. either now or at the time made or furnished. In.solvency. The dissolution or termination of Gnmtor's existence as a going business, !he insolvency of Grantor, the appoin1men1 of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout. or the commcricement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Foreclosure, . Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Gran1or or by any govemmenlal agency against any of the rroperty. However, this subsection shall nol apply in the event ofa good faith dispute· 12 .. ; by Granter as 10 the validity or reasonableness of the claim which is the b11Sis of the foreclosure or forfeiture proceeding, provided that Granter gives Lender written notice of such claim and furnishes reserves or a surety bond ror the claim satisfactory 16 Lender. Breach of Other Agreement. Any breach by Grantor under the tenns of any other ag~ment in connection with the Loan which is the subject hereof between Granter and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Granter to Lender, whether existing now or later. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the· prospect of payment or perfonnance of the Indebtedness is impaired. Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing lndeblcdness, or commencement of any suit or other ar:tion to foreclose any existing lien on the Property. RIGHTS AND REMEDlES ON DEFAULT. Upon the occurrc:nce of any Event of Default and al any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: JJOJn4 Accelerate Indebtedness. Lender shall have the right at its option 10 declare the entire lndebtedness immediately due and payable, including any prepayment penally which Granter would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance With and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Unifonn Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of and manage the Property and collect the Rents, including amounts pas! due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. If the Rents are collected by Lender, then Granier irrevocably designates Lender as Grantor's attorney ·in fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments arc milde, whether or nol any proper ground for the demand existed. Lender may ~erciSC the rights under thi~ siJbpamgr~ph either in person, by agent, or through a receiver. Ent« Upon Property. With or without notir:e, and without releasing Grantor from any obligations under the Note or this Deed of Trust or related documents, md without 13 IJOW-1 ... becoming a mortgagee in possession, to cure any breBch or Defaull of Grantor, to enter upon the Property and do such acts and things as Beneficiary or Trnstee deem necessary or desirable to protect the security thereof, including taking over and completing construc1ion of improvements thereon, or otherwise to enter upon, possess, manage and operate the property or any part thereof, including U!king over the conS1ruction of improvements on the Property in accordance with the terms of the Note. Appoint Receiver. Lender shall have the right to h11ve a receiver appointed lo take possessiori of all or any part of the Proi,erty, with the power lo protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply 1he proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if pennitted by law. Lender's righ1 to the appointment of a receiver shell exist whether or r1ot the apparent value of 1he Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default ofGrantor, Granter shall become a tenant at sufferance of Lender or th.e purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand ofLend~r. Other Remedies. Trustee or Lender shall have all other rights and remedies provided in this Deed of Trust or the Note or by law. Notice or Sale. Lender shall give Grantor reasonable notice of the time aJ"ld place of any public sale of the Personal Property or the time after which any private sale or other intended disposilion of the Personal Property is to be made. Reasonable notice shall mean notice given at least !en ( I 0) days before the lime or the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Real Propcny. ,Sale of the Property. To the extent pennitted by applicable law, Grantor hereby waives any and all rights to have the Property marshaled. Jn C)!:ercising its rights and n:medics, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any publ!C sale on all or any portion of the Property. Waiverj Election or Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice lhc party's rights otherwise to demand strict compliance with that provision or any other provision. Elections by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by laws shall not exclude pursuit of any other rtmcdy, and an action or inaction to make expcndilures or to take action to perfonn any obligation of Grantor under lhis Deed of Trust after failure of Granier to pc:rfonn shall nol affect Lender's right to declare a defaull and lo exercise any of ics remedies. 14 Rights of Tru!'ltre. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating 10 the powers and obligations ofTru~tee (pursuant to lender's instructions) are part of this Deed of Trust. Powe" of Trustee. In addition to all powers of Trustee as a matter of law, Trustee shall have the power to take 1he following actions with respect to the Property upon the written request of Lender and Granlor: (a) join in preparing of a map and plat or the Real Property, including the dedication ofslreets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligation to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in Which Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or pro~cding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any party of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right lo foreclose by judicial foreclosure, in either case in accordance witJi nnd lo the full extenl provided by applicable law. Successor Truslee. Lender, at Lender's option, may from time lo time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of King County, Washington. The instrument shall contain, in addition to all other matters required by law, the names of the original Lender, Trustee and Granter, the book and page or the Auditor's File Number where this Deed orTrust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledge by Lender or ils successor in interest. The successor trustee, without conveyance of the Property, shall succeed to .:ill of the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. · MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed ofTrust. JJ01fJ4 Amendments. This Deed ·of Trust, together with any Related Documents, constitutes the en lire understanding and agreement of the parties as to the matter set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties so~ght to be charged or bound by the alteration or amendment. Annual Reports, Financial Statements end Ren I Rnles. Ir the Property is used for any purpose other than Grantor's residence, Granlor shall keep and maintain al all limes at Grantor's address stated above, or such other place as Lender may approve in 15 /JOJO.I writing, and provide to Lender upon request, complele and accurate books of accounts and records adequate to reflect correctly the results of 1he operation of 1he property and copies of all written contracts, leases, and other instruments which affect the propeny. Such books, records, contracts, leases ond other instruments shall be subject to examination and inspection at any reasonable time by Lender, Within 60 days of Grantor's fiscal year end, Granter shall, upon ~nder's w~itten request, furnish operating s1a1ements for the property, including an income statemcnl and financial statemenls for the Grantor. Granter shall also furnish personal financial statements for any individual maker or guarantor of any obligation secured hereby. Grantor shall also supp\y1 on an annual bnsis, a current rent schedule for the property and expiration dHICS for each of the leases, together with an itemized list of monies held as ~urity deposits and the identity of the institution wherein such funds are deposited. Upon request by Lender, Grantor shall also supply copies of all oflhe leases. Attorneys' Fees. If the Note is placed with an attorney for collection or ir an attomey is engaged by Beneficiary to exercise rights or remedies or otherwise take actions to collect hereunder or under any related documents, or if suit be instituted for collection, enforcement of rights and remedies, or if the Trustee initiates a foreclosure of this Deed of Trust, Granter agrees to pay all reasonable costs or attorneys' foes incurred or charged, whether or not court proceedings are instituted. Attoroment and Estoppel Certificales. Granter shall include in every lease or rental agreement an Attomment and Estoppel provision and shall provide Lender with an Anomment Md Estoppel Certificate in a form acceptable to Lender from every tenant of the property. · Applicable Law. This Deed of Trust has been delivered to Lender and accepled by Lender in the State of Washington. This Assignment shall be governed by and construed in accordance with the laws of the State ofWashingtorl. Caption He.ading,. Caption headings in lhis Deed of Trust m for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit or Lender in any capacity, without the written consent of Lender. Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust 10 be invalid or unenforceable as to any person or clrcumstanCe, such finding shall not render tha1 provision invalid or unenforceable as to any other persons or circumslo.nces. If feasible, any such offending provision shall be deemed lo be modified to be within the limits of enforceability or validity; however, if lhe offending provision cannot be so modified, it shall be stricken and all other provisions of this Deed orTrust in 1111 other respect shall remain valid and enforceable. Successors and Assigns. Subject to the limitation stated in this Deed of Trust on trnnsfcr of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Gnmtor, Lender, without notice to Gr11ntor, may 16 /JOl()-1 •• deal with Grantor's successors with reference to this Deed of Trust and 1hc Indebtedness by way of forbearance or extension without releasing Granter from I.he obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of lhe essence in the perfonnance of lhis Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the pan of Lender ln exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed ofTrusl shall not constitute a waiver of or prejudice the party's right·otherwise to demand strict compliance with that provision or 1111y other provision. No prior waiver by Lender, nor any course of dealing between Lender snd Gmntar, shall constitute a waiver or any of Lender's rights or any of Gran1or's obligarions as 10 any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consen1 by Lender in any instance shall not constitute continuing: consent to subsequent Instances where such consent is required. Waiver of Home,tead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption Jaws of the State of Washington as to aU indebtedness secured by this Deed of Trust. 17 ' EACH GRANTOR ACKNOWLEDGES HA YING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTON: W.H. HUGHES, JR. COMPANY, INC By: -i-z..-)3 WILFORD H OLD HUGHES, JR., its President STATE WASHINGTON ) ) ss. COUNTY OF ) appeared before me WILFOR AROLD HUGHES, JR. to me ENT of W.H. HUGHES, J COMPANY, INC the company that · executed lhe foregoing ins ment, and acknowlcd lhe said instrument to be the free and voluntary act and deed of sai orporation for lh uses and purposes therein mentioned, and on oath stated that he/she is autho · ed to exec the said instrument /J(},](U DATED this __ day of __ ~----~---- ' Notary Public in d for the State of Washington, Residing at----~- My appointment expires_...,. __ _ 18 EACH GRAl'ITOR ACKNOWLEDGES HA VJNG READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACII GRANTOR AGREES TO ITS TERMS. GRANTOR: W.H. HUGHES, JR. COMPANY, INC By: ,z,-z_-13 WILFORD OLD HUGHES, JR., its President STA TE OF WA;GTON ) ) ss. COUNTY OF in ) On this day p a ly appeared before me WILFORD HAROLD HUGHES, JR. to me known to be the PRESIDENT ofW.H. HUGHES, JR. COMPANY, INC the company that · executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and p ses th.erein mentioned, and on oath stated that he/she is authorized to execute the said ins ent. 130204 DA TED this~ day of /)0{ tJ} No~ Public '.'l~fo/Jlrr/1' fWashington, Residing at Nffi n . . ?? · My appointment expires ()?l(),{) f , NICOLE M. JOHNSON NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 20, 2013 '"" ... 18 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARATER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, . RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SUBDIVISION, 373 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, SAID POINT BEING THE NORTHERLY MARGIN OF STATE HIGHWAY NO. 2 (SUNSET HIGHWAY); THENCE WESTERLY, ALONG SAID SUNSET HIGHWAY, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE OF SAID SUBDIVISION, 14S FEET . THENCE EASTERLY, 300 FEET TO A POINT ON SAID EAST LINE WHICH IS 145 FEET NORTH OF THE NORTHERLY MARGIN OF SAID SUNSET HIGHWAY; THENCE NORTH, ALONG SAID EAST LINE TO THE NORTH LINE OF SAID SUBDIVISION, BEING THE NORTHEAST CORNER THEREOF; THENCE WEST, ALONG SAID NORTH LINE, 484.62 FEET TO A POINT WHICH IS 170 FEET EAST OF THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH, PARALLEL TO SAID WEST LINE TO THE NORTHERLY MARGIN OF SUNSET HIGHWAY; THENCE EASTERLY, ALONG SAID SUNSET HIGHWAY, TO THE TRUE PO!NT OF BEGINNING; EXCEPT THAT PORTION THEREOF APPROPRIATED BY KING COUNTY SUPERIOR 'COURT CAUSE NO. 742207 FOR SUNSE'c HIGHWAY. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. I JO}O.I 19 Pam Selle From: Pam Selle Sent: Monday, March 25, 201310:12AM To: 'exams@abclegal.com' Subject: Copy for 5207111320 Please send a copy of the judgment out of King County Cause No. 220056 which created the City of Seattle utility easement. Thank you! Pam Selle Senior Title Officer 19020 33rd Ave W #360 Lynnwood, WA 98036 0: (425) 776-5890 F: (425) 776-5710 ~ l"l1inK (in.:l:11. l'ie;isc cun::iJcr 1!1c 1.·nvironmcnl ticl"nr.: prinling L11i:: ::J1";:-1il. 3/25/20 l 3 !'age I 01· I RECEIPT EG00009175 • BILLING CONTACT BILL HUGHES W.H. HUGHES CO.-CONTACT 14401 ISSAQUAH HOBART RD ISSAQUAH, WA 98027 REFERENCE NUMBER FEE NAME LUA 13-000703 PLAN -Final Plat Fee Technology Fee Printl'!rl On· fi./1.l?n11. Pr,:,n~r""rl R.,-. l .. nnif .. r 1,.1.,,nnlnn TRANSACTION TYPE Fee Payment Fee Payment .... C.ityo~_-, ®fru:~~fiii) ·.~,,-·.,.,~,-~; Transaction Date: June 03, 2013 PAYMENT METHOD Check #4070 Check#4070 SUBTOTAL TOTAL AMOUNT PAID $1,500.00 $45.00 $1,545.00' $1,545.00