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TE PEo1Am uARNna CR FIAOPIC 91ALL IEIIIAI x A� 1,rtA ALL OEKLOAYDIT PROPC4AL ACTNixS N 111E VONItY Or TIE tltli1011 IAEA Aa oanEtw- 110 gJIOIXG FAMRUAtId3 AAF AL144EL EEYPD Tf tEP1F® t5-FOaT PI Q SEfBAik umm ui L OTERi1SC PR4YDfD 01 GW L't45 tF133S�'a�� Elx4@S: U p40 ��0 �1�'FLf� X00 0 ©lam 11�' W1�0 LFA �raA�o vi��a OEM ��0 �LL�O LUA-12-073-FP uo-11-04105 CLAREMONT AT RENTON PHASE II SE 1/4, NE 1/4, SEC. 10, T. 23 N„ R. 5 E., W.M. NE 1/4, SE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 3INPLITTlD TRACT C w• ■ 4 -TI- U�1RA K p TRACT A f j M IPE us 29 39 WEDGEWee 54 53 82 51 eo 41 VOL. 241, _ Tcr G 1°' NE >� ee e1 azea e TRWr H I - TRACT F . �4q 1{p ��y��Scale 1" = 100' EEiO IML RAT W UC_ANEY FANN AS RE� IN 101.VNE 2'A OF FLATS, AT PAF 95-97, UND] IIDGORDNG HJIJBER 20110211901137. mm%off AM A V ETEG1Rp11G TOTAL ST4HOn WAS U2 FCR 1NIS F610 TPAAFRSF 51NA . AOCAIRACf NELI5 OR 0=5 W.A.G 372332-13111 1. PLAN T D, O-.o4lpN1 AT WNTON, PNL RECp6kP N YCVAE 352 OF PEAFS AT PAGES x726. UNDER A7WAW69 NWWI 26139326901167 "Nm SEF 1/5 x 24' RE1L01 WT 1 3 4' P41'TO W3TNARL 'um 0T341N A T S 33431/55117' DELAN Y 1 93_97 VOL. 256' I VA'PL6}TID 2fHPL17TdA TAC TABIE FIG LQarR1 ORECFgN/CFiu F4gU9 Ot 64.08 63'25'2'. ]e.00 LI 41.63 N 05'17'51 W 1.2 41.24 N 69'02'09' W L] 3173 N 14'29'W W V 24.76 X435121' E u 31.19 N 16'zr10' E is 26.91 IN 15'25'51' E L7 16,02 N 66'27'x' F 1E 30.69 N 6842'09' W I2 17.40 N 19'06'53' W JO MM N 63'07'31' W 1.11 16.75 N M'M w W LI2 4441 N 273O'46' E L13 30.21 N 1701'11' E 1.14 24.16 IT 4635'21' W LIS M.56 N 4410.5'37' W 1.10 2e 56 N 3712'27' E L17 L16 ]3.57 N 2x19.39• E 31.93 N 66 Jr F 1.19 31.02 N 1839'10' E 120 40.36 N 67IV W LY1 33.25 N 21'16'64' E 122 46.36 N 60.04'74' E 12.7 22.19 N 39'4744' E 124 33.67 A 7739'07' E 1.26 27.99 IN 49'51'16' E 1.46 2561 N 4w46'Ur E �- L27 23.56 IN 09'3755' W 1.]6 37M N 2712.16' E L2, 12.47 N 6T0Y.' E ^- 1.30 1325 N 3746'20' w 1.31 73.12 N 0739'45' E 1.72 44.43 N 06.34'42' W 1.33 26.3] N 35'26'13' E 1.34 31.3.! N 6115Y17' E 1.x5 2,49 n 91 W 1.]6 60.55 N 8T4Y3ff E L37 5647 N 9555.24' E 136 129.09 N W30U1 w IS9 3641 N I<'45'BT' E L40 29.13 N 01 W L41 96.33 N 682o'91' W L42 69.57 N 1827.' E 1.43 63.. N 3,'3Yto' E LM 24.66 N 31'Sd04' E L45 Mm N 01 w L46 9.51 N 3506'42' E 1.47 21.21 N 4716'36' E L46 51.47 H SPMW i L. x3.76 N 3910'15' E 1.53 6846 N 0005,31- 595'7131.69 31.0N 29'06'29' L 1.S 10343 N W IkW 1' w 136 moo n 01'37'59' E 1.57 1II, 0 N W520'01' W 1.36 IN.00 M 01'79'59' E 3959 I IN 9697'95• E 1.50 N. N 682dG1' w lffi 17.74 M 34.1 x'Ir E vel sxas N mna'S5' e CLAREMONT AT RENTON PHASE II SE 1/4, NE 1/4, SEC. 10, T. 23 N„ R. 5 E., W.M. NE 1/4, SE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 3INPLITTlD TRACT C w• ■ 4 -TI- U�1RA K p TRACT A f j M IPE us 29 39 WEDGEWee 54 53 82 51 eo 41 VOL. 241, _ Tcr G 1°' NE >� ee e1 azea e TRWr H I - TRACT F . �4q 1{p ��y��Scale 1" = 100' EEiO IML RAT W UC_ANEY FANN AS RE� IN 101.VNE 2'A OF FLATS, AT PAF 95-97, UND] IIDGORDNG HJIJBER 20110211901137. mm%off AM A V ETEG1Rp11G TOTAL ST4HOn WAS U2 FCR 1NIS F610 TPAAFRSF 51NA . AOCAIRACf NELI5 OR 0=5 W.A.G 372332-13111 1. PLAN T D, O-.o4lpN1 AT WNTON, PNL RECp6kP N YCVAE 352 OF PEAFS AT PAGES x726. UNDER A7WAW69 NWWI 26139326901167 "Nm SEF 1/5 x 24' RE1L01 WT 1 3 4' P41'TO W3TNARL 'um 0T341N A T S 33431/55117' DELAN Y 1 93_97 VOL. 256' I VA'PL6}TID 2fHPL17TdA iYiiY6-W6iai9 f O , `M°9 NF7�°F ALL'`6 15 i 19 21 23i -� 27 uaNW�Nr na. 1552. C3/n/9e) N 19090+LBA E 13166223552 Q (370 7/cam wE/A PlI11GN AMY ' d/ls'.NHELD FOR AWATTOH.. B O 10 A �y qfY OF PENTON 901D9DL YONWLM HO. 1551. NOT NSii D. l- # y 1 k`J N 16097842]5 15 N 581109' E 1313999.6097 2Ei4._05, � t LESF 1/1 CORNEA SELTIpi 10-23-5E FOUND 424' CUMG31E //ma�yy N 95' 9iyj�1513.W� CpRf Q N9MNIENf WITH 2' AR4SS O SEF 1.6' nom N OASE AT THE t_] _ -- (N"� 1NIEASEGIgN # AIIE A1FI4LE HE MIO NE 120In SF. (3/OS) �' ' AREA7ffl 11.4 R ft b;'01 tir. 37145 .:''PF E2 1 JOB W 12057 SHEET 3 OF 15 NE 8TH PL i -E-- T RC ��-ss----�----- 74 73 72 721".W 7 71 ras 70 be so 90 �.I 619 �Z1 I I I I t I I I t I Ji y� 17��5�3 13r1�J�� e 192 6 141 2� O LO��L� NE -.'Tu �P_L_J iYiiY6-W6iai9 f O , `M°9 NF7�°F ALL'`6 15 i 19 21 23i -� 27 uaNW�Nr na. 1552. C3/n/9e) N 19090+LBA E 13166223552 Q (370 7/cam wE/A PlI11GN AMY ' d/ls'.NHELD FOR AWATTOH.. B O 10 A �y qfY OF PENTON 901D9DL YONWLM HO. 1551. NOT NSii D. l- # y 1 k`J N 16097842]5 15 N 581109' E 1313999.6097 2Ei4._05, � t LESF 1/1 CORNEA SELTIpi 10-23-5E FOUND 424' CUMG31E //ma�yy N 95' 9iyj�1513.W� CpRf Q N9MNIENf WITH 2' AR4SS O SEF 1.6' nom N OASE AT THE t_] _ -- (N"� 1NIEASEGIgN # AIIE A1FI4LE HE MIO NE 120In SF. (3/OS) �' ' AREA7ffl 11.4 R ft b;'01 tir. 37145 .:''PF E2 1 JOB W 12057 SHEET 3 OF 15 ry 10-4wo� CLAREMONT AT RENTON PHASE 11 SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON so 100 1 Scale 1" = 50' A1L F T NCK 0401 C".M ARE 1Ai ,TN A TALS WASHER SfAIPm •35146' NI A LZM PWC AT THE PNWEEIIT LANE EKTETII6FE0 m THE T[P a tl1W1 1xFE11 W TIE 5161 PWC TAx1E 011 sNFET 2 FOR qS MMS FRON WM P M FMNT PROIIFRTY CORfER. STNIIRD• X 24 NEW w Asst JR/jEs A2�wxf5614'• . SET 4• . 4. 00E1ERETE wINwSNI WIM 1 10 BRAYS bw WIIX •iC STo] 36143" N I;rm N NNC COl.61TY OAYE (9NLESS MM%M KuWu) x. 33145 •�F.IS3Gf�°• • t3o'.Es DELANY PARK ! 13 I 12 1! 1 0 9 I 8 VOL.256, PCS. 93--97 !!! Q MY Unu' ANO ORAIR EA9.19HT. WBOC WATER �T m WATER DSWICT 00. s NOTE 1511FPT 2 Id PPoYATE EAM AM CAW"T. SEE NOIE 2 SIM 1. © Id P"YATE CRANACE ELE]IlIT. SFE NOTE 3 4 T 1 F Id PR An ORWN EBStiWNT SEF NOW 11 SNEFT 9. © 15 P ATE d MN► EASDIeT'T. SEE NOTE 7 SHUT 1 �H 1d 1'WYATS MAMA E4sENF11T. SFE NOTE 5 SiIQI 2. im N0. SHM 4 TM 79 ! 78 1577 TAG j 1.E19CIX gRix;NON/OEITA RAOWS CIG 15.13 4'30'58• 3]4m 420 5.16 {T2a•41- 611m Cif 5037 43x'16• Ulm C22 50.04 4. 6A -w 611m C33 30.11 437'23• 6x1.06 C24 5032 4'30'10" 6]1.00 'CLI' 5128 W '57' 62106 [36 52A7 4T50'20 1 631.. 027 13.64 1'13'23• x11.00 C211 3026 5^511'09" 3n m C29 51.011 7'4x59• 370.06 C30 M15 731'53' 370,m W1 140.80 21"1710• 3mm C32 5.33 443'31' 431.m C35 50.16 6'48'56• 421.00 C34 50.97 456'12' 421,m 055 40.65 6'47^51• 421" CNI 6.75 0'40.0x" 579.. W7 56.55 5'15'+5• 579m C311 51.]3 5'4L'10' 5]9,00 010 50LL 4'50'30' 579.. C40 Sam 4'57'14• 51 00 C41 8390 6't6'9T 579.m G2 20.06 156716• 16.00 C4] 47AI 5531'30' 76.00 014 16,42 12'2739• 7000 C43 3a.m 446'26' 046 4x,02 145%4• SSB.m C47 x2.0 6'55.30• 5%.m 03 1516 N 34'1247• E I 8 I X14 23.56 N 34'12'Ir E SWS.F. LI5 13.99 N 01'39'55• E LIS 37.16 N 01'30'55" E L17 17.14 N x4'12'17• E L27 25.30 N 25'11'4T W Ln 1246 N ar01'IB' W L2a Ia.73 N 24'311'41'IN 63 �L �1'S LA0 6.50 X 1786'SS' E L31 5'. N 01'30'a5• E Lia 55.111 n 9rs4'So' W N 8820'06• W 11307 ` L33 50.96 N 09'36'52' W L31 60m N 01'30'55' E L35 55.00 N 01'38'54 E 6741 L36 50.16 N 0754.50" W �z L37 25X N 682405• W y y 1 M 6x2505 Lax 33.71 N 0442'05• E 130 45.14 N OTb4'b0 W Lw 36.9e N arx'Sx• w L41 45.90 N 06'36'3x' W N 80'57'65• w 90,01' S¢1 (�yRt so 100 1 Scale 1" = 50' A1L F T NCK 0401 C".M ARE 1Ai ,TN A TALS WASHER SfAIPm •35146' NI A LZM PWC AT THE PNWEEIIT LANE EKTETII6FE0 m THE T[P a tl1W1 1xFE11 W TIE 5161 PWC TAx1E 011 sNFET 2 FOR qS MMS FRON WM P M FMNT PROIIFRTY CORfER. STNIIRD• X 24 NEW w Asst JR/jEs A2�wxf5614'• . SET 4• . 4. 00E1ERETE wINwSNI WIM 1 10 BRAYS bw WIIX •iC STo] 36143" N I;rm N NNC COl.61TY OAYE (9NLESS MM%M KuWu) x. 33145 •�F.IS3Gf�°• • t3o'.Es DELANY PARK ! 13 I 12 1! 1 0 9 I 8 VOL.256, PCS. 93--97 !!! Q MY Unu' ANO ORAIR EA9.19HT. WBOC WATER �T m WATER DSWICT 00. s NOTE 1511FPT 2 Id PPoYATE EAM AM CAW"T. SEE NOIE 2 SIM 1. © Id P"YATE CRANACE ELE]IlIT. SFE NOTE 3 4 T 1 F Id PR An ORWN EBStiWNT SEF NOW 11 SNEFT 9. © 15 P ATE d MN► EASDIeT'T. SEE NOTE 7 SHUT 1 �H 1d 1'WYATS MAMA E4sENF11T. SFE NOTE 5 SiIQI 2. im N0. SHM 4 ! 78 1577 76 4 1 PAd51!'8 �\ sm slur a aF 6 i 4 NwwwW N 11x`30"01• w 57 N 8TH PL N w20'06• w 124.15' 111- 1 58 eyyg 6420 SF. I� 1 g I I ,.I N W20 -w-133.71 W ' 21' al TRACT C ------ I i'i. •p L30 59 5244 S.F. IYJ I t!�N 86]0'35' V 137.91' IZ I t 112.36' I --------- I N 6x'2010e' W I 60 I 6x22 si_ �� sl75R � IWj � '.�� % X 853401• W IQ 10310' 1j],16' _ N 11W96T70' w 04 x H 61 ll� 5278 Sr. I• �7t . I`WJ R ^� I I� Nex26•x1"W 13x.04' I F-----._ N 6QM'OB" W 10x.76' ��jj9 62 1 473 S�l 6bea ss. I I 8 I jai y! N SWS.F. 88�j Nx820'06•W N x6'2516] • W I?2 ad 1186i sZ gl w 63 �L �1'S 672 I � � S x274 S.r. V 4 -IV 1N N 8820'06• W 11307 ` 6x'40'30• W IOB.63' N arar53• w 99-m• I u? 64 � � I �gl � F---- a 6741 l 571, I 88 Y 4507 &F. �z X y y 1 M 6x2505 3 658015x' W 131.3x' 4 W 9x41' � ��\ 4 6 A 10 1 0' N 80'57'65• w 90,01' S¢1 (�yRt °. 62 31 .. 5nn5 F 89 0• 5057 S.F. �3 '11 (� N 6620'0x• W 6 I 00.06' N 8520'06' W 08-D6' `. 4'11 LI � SS.F. II fig I ��l 9d z u I� 2 2 N Ab2C'M J a TR E� 10x.62' t N ae2o'oe• w � 67 u I a W G1A3' - 1 96.ar u7 N x62956' W 110.00' 1205 3F. w F1 a Y 5615 s.F. 4 �- ,S 9 S 31 -9 S..F, en .8' so 100 1 Scale 1" = 50' A1L F T NCK 0401 C".M ARE 1Ai ,TN A TALS WASHER SfAIPm •35146' NI A LZM PWC AT THE PNWEEIIT LANE EKTETII6FE0 m THE T[P a tl1W1 1xFE11 W TIE 5161 PWC TAx1E 011 sNFET 2 FOR qS MMS FRON WM P M FMNT PROIIFRTY CORfER. STNIIRD• X 24 NEW w Asst JR/jEs A2�wxf5614'• . SET 4• . 4. 00E1ERETE wINwSNI WIM 1 10 BRAYS bw WIIX •iC STo] 36143" N I;rm N NNC COl.61TY OAYE (9NLESS MM%M KuWu) x. 33145 •�F.IS3Gf�°• • t3o'.Es DELANY PARK ! 13 I 12 1! 1 0 9 I 8 VOL.256, PCS. 93--97 !!! Q MY Unu' ANO ORAIR EA9.19HT. WBOC WATER �T m WATER DSWICT 00. s NOTE 1511FPT 2 Id PPoYATE EAM AM CAW"T. SEE NOIE 2 SIM 1. © Id P"YATE CRANACE ELE]IlIT. SFE NOTE 3 4 T 1 F Id PR An ORWN EBStiWNT SEF NOW 11 SNEFT 9. © 15 P ATE d MN► EASDIeT'T. SEE NOTE 7 SHUT 1 �H 1d 1'WYATS MAMA E4sENF11T. SFE NOTE 5 SiIQI 2. im N0. SHM 4 Wk -12 -073 -FP CLAREMONT AT REWON PHASE II SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON TR.. K ive--.i 3r 54 I 55 I `'orTR-tib -- r TR H v 56 ---------i TR. F 57 �1r ��•�� ; _-Y58-_ _ 59 54 G 60 it rP {� — i 61 62 ----------- 4 53 TR. -- 6 - 4` ' 65 L 66 L _ 67 u eeso os w DELANY PARK TR. A VOL.256, PGS. 93-97 5 III I Scale 1" = 100' M05 NL f1101T CCRI[PS ML YlA® YeIM A TJ IIA s W--'— SlAlim -]d11S N F lEM PWC AT M PflpSR1Y ll1E cxmoen m Trc Tov oP rLxa xvm m � o.em PWc i�To� �3 rca o�sTulrEs mau wrm P.uc m exa+r � sar ,h' x s,• �auc rrrx 1 a/.• PvaTlc r r SINfED iR/O 411MM' ° PIFs u• a' ///eBnl NU65 C19L 1 15I1MNp'PF� 'JT0110• H VL— lar,o oourtr r� {utEss o�w.x xmm7 Rl3 S�q••: c�Ncs Tw uses I - F. TI '°-'FP CLAREMONT AT RENTON PHASE II SE 1/4, NE 1/4. SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON TRACT 1 6 3°.07 16.00' N 65250t' W o� 1 '�`� 46.07 #OD' f9 45.90' Sd.00 1 60.00' SOAQ' 55 el ,541, 4� IF. 6341 S.F. R 'w � C13 SAO' 43.00' ie TRACT D E A (are+ wmo 71145F. /� 21.63' Sn.00-w TRACT K � 79 r L� To CT H 18 21' 2,' gi �� 430'1 sr. 5 I r y R vom 6 V S1.m' 50.99' H WMT E L123 74.54' is oo -178 7 114�tN 45twoa' w h RF 3n7t L.� 3 56 F. se.36' 15,12' f x eczo'oe' w E U x6520.01 • w _ /�L // ! 57 twar fY� f E000 S.F. + i M i------------- i Q � 5U f 6420 5F. 1 SM S' 'I +4 OF S -------------- 121-, ,,, TRACT C 59 i 13495 S.F. I DO i Scale 10 = 50' AIL FRGNT GORIIXS AAE NM WIIN A TALK AMD LS WASHER STA1nE0 '51/3' W A TEAO Pl1M: AT TT PROPERTY W E WOOED OED 70 TIE TOP OF QMB. RETFR TO THE OUR6 PLUG 7.691E ON S1 2 FOR CSTANCFS F C 13 PWG TO FRONT F4101'E w CPt ' SEF -X 24- RFBAR w 1 3/4' 41..6910 CID SNAIPEp -mm GNAW • A4500.pTm 32W4/mlw • INET 4' . 4' OriWTaE'TE 4 4EM WNH 1 6/6- Ss CSC WTM Y' 9A2e'aD 'mm' N STA06.T9 TONG COUNTY CASS. (4Te.FSB OTN &F NOTm) ZisommUmm PRYATE UTILITY AND DRAINAGE EASE "I. KWIC WATER FIY1F11T W MAYA 0STRICT 94, SFE NOTE 1 95EET 2 ® 10' ROYAR MANAGE EA3EtE34T. SLE NOTE 2 SXEEF 2. © W PFBVATE WAINAGE EASlE34T, SFE NOTE 3 9 2 Op MYATE O A G93511T. SLE ROTE 4 9 T 2 AIO BETNL MS 5 . Q 15 MH TE W AIHAM EASEMENT, 6EE WT 5 9 2. 51a - - - 463, 51 �, A8F W 46 W W I I 1$ I E I �� b � $ 647 'q 3161 S.F. ; 45 �Sta sF. m 444' = W 43 -^� o a L- �1s.o6• R R R A.A. sr. b =oma TR __ f-___ _ xiar xim�30`,20' % LID ]6m CB 1486 s - H 6e'20'01' W ° 40.57 -� 59.10' Mm M(L2N - ay N 69'5755" w 99.x7 b' 15.00' � �� #W 3Om• c SO.m' xim' TS, 16'06'11" 19.40' 55�, 4]92 IF. L] s 1 82 ` 83 fl 84 85 8 879W30 'S3u�F g 41F. SF. 4814 SF. X4814 S.F. u6349 Sr, w5149 €F. SF. u IC `n 34m R �� 21'� 40 13.00' 451'rvl S2.m• 4537 IF, L1 .m' xim' 35,29' e520b1' w $ l2� 76 g '750 VSs. w W W I I 1$ I E I �� b p 39 4x62 &F. s x s9'3755" w IOS.m' TAG 1 I I P�' f 1 i 1 I 36m• I I I 1 __ f-___ 8TH � ]6m C7 29.92 223T11' 76.00 CJI Mm 13'13'55" ]&00 A 200 16'06'11" I C14 430T S F. TAC TABLE TAG TAG y 1171GIE1 OPECTIOfI/DELTA RACIIES CB 14.40 1451'11• ]6m C7 29.92 223T11' 76.00 CJI Mm 13'13'55" ]&00 A 200 16'06'11" 7&00 C14 3251 24'3232 7&00 Ctt m aT22'oe' 34m C12 m.Al 9Tm'm' 34.00 C13 36n 2rU'04' 7600 C14 24,39 1T21.55' 7&m C15 M25 43'15'01' 7&00 C1e 39.27 mw' 2100 C16 34-62 542'62' 531-00 6'5 3a.88 T4616' 656m C46 4602 4.46'°4' 1.55.00 w e2,W 533'36' a36A0 430T S F. TAA TABLE TAG LFNG111 OOmGTION/DELTA RACIIA u SO,m N ww"w" W u IS H 1529'32' E L4 L142 A L5 1139 X 6757,m" w La 7.39 56 � L7 i' 3428 S.F. 15 '• O ^� e6.3T a 32.71 N 479751" E L10 TAC TABLE TAG LE14GT11 OiRECRON/Y TA RA1M15 L22 4247 H 32.0 W E 1.233416 N 1243°0' w 1.24 42.67 N 46'19'09' E 06 0.23 H 3532'31' E LT30 711 N 571554" W L121 51.39 N 34-36'16' Y 1.122 N.w N ,4'29'32 E LIU M37 N &52501' w L137 51.51 5 1735'42' w LIU 43.29 N 15'35'42" E LIH 11'a9 -- ft X 4209'17' k N 622706' W TAA TABLE TAG LFNG111 OOmGTION/DELTA RACIIA u SO,m N ww"w" W u 7.10 H 1529'32' E L4 6293 H 69'675' W L5 s1.3n X 6757,m" w La 7.39 N 16'29'32" E L7 5293 H 69'5135" W 15 26,23 N 4207'61' E IL 32.71 N 479751" E L10 WW N 69'5755" W L" 20A1 N 01']9'59' E L12 10.00 N 26' M' W Lis 16.17 H 31.41'36" E 1.19 a0A1 N 7741'42" E 1.20 f.03 H "41'42" F 1.21 Meg N 6513'11' E TAC TABLE TAG LE14GT11 OiRECRON/Y TA RA1M15 L22 4247 H 32.0 W E 1.233416 N 1243°0' w 1.24 42.67 N 46'19'09' E 06 0.23 H 3532'31' E LT30 711 N 571554" W L121 51.39 N 34-36'16' Y 1.122 N.w N ,4'29'32 E LIU M37 N &52501' w L137 51.51 5 1735'42' w LIU 43.29 N 15'35'42" E LIH 11'a9 -- ft X 4209'17' k N 622706' W I n:lr wic15\m!z\Jz3r - 661 FIMa�Wcuruswusos\sxzff sr�iz3r 11 cl ces i'.IV 5; 59 AY P1.1 e!l NS'MN 9 I y / I Z NILE A1/E NE -----A �� Cle.fnF-%f FCI55202,1231 E l RLWX%5UWi 5EI.i 2'°7 I) U, 115/202 --V' S:l I '11113 1x. 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R A x Q��a�� R�„ ��g�� 44n2 RNA $afi# �4� B d CONO nMW OP APPROVAL ROSEMEONT CAMUST DEVELOPMENT SO w o �� c EAST RENTON / ROSEMONTE:E► D Crrr OF RFNFaN WASMNGrON k{� \ -- | - \'\|| J\,` 8 | , COMPOSITE UTILITY AND CASEMENT PLAN _ CAMWFSTDEVELOPMENT / . _ EAST R£NTON / ROa£MONT£ a (2 -j OY" b, IVA 14 0. 7.� z M �- 71 m P 41 -,4 A R m A M "T AM7 PI.N "I ilk ��£ � fl I �i9-------..—_.__ -�r`� j+..{�lal �� k k !p rn C)i i �r w `1 fL0 0 1 gligilij gj�p Rg"v p 1;n q? 3p "9 , T�j 0A isK, g IR Ro gill _q ?H F 15 GRADING AND TESC PLAN CAMWEST DEVELOPMENT Bg EAST RENTON ROSEMONTE IQ it 9 CITY OF REWrOM WA54VXG;-GW GRADING AND rESC PLAN � �" m CRMWEST DEVFIAPMENT € le15 � / i^ EAST RENTON / ROSEMONTE M's - o� V /� CfTY OF RENTON IYASMNGTON m b 2 a pE JA ppm N�g pao-.% g kk R, iki 21 a4F8R Pill' lips n� 4 ;Njt �aR� �g no R� .a SP1 U�j .r..1IN _ �� s�l� ilk, y�:�� E � ��1��g � Ml8i� �� yFSiu�� pill 4-4 (> a �� g's'�ge;� ro'°^"' GRADING AND TE$C PFTAMS AND MOMS � I> CAMW£ST DEVELOPMENT �i f , � a ° EAST RENTON / ROSEMONTE s v . GTY OF RENTON Wi15110YGTON aqoil A Alp '4P ^ R � 5 x R 1 3S � la a pE JA ppm N�g pao-.% g kk R, iki 21 a4F8R Pill' lips n� 4 ;Njt �aR� �g no R� .a SP1 U�j .r..1IN _ �� s�l� ilk, y�:�� E � ��1��g � Ml8i� �� yFSiu�� pill 4-4 (> a �� g's'�ge;� ro'°^"' GRADING AND TE$C PFTAMS AND MOMS � I> CAMW£ST DEVELOPMENT �i f , � a ° EAST RENTON / ROSEMONTE s v . GTY OF RENTON Wi15110YGTON aqoil A Alp '4P ^ R � x 1 a pE JA ppm N�g pao-.% g kk R, iki 21 a4F8R Pill' lips n� 4 ;Njt �aR� �g no R� .a SP1 U�j .r..1IN _ �� s�l� ilk, y�:�� E � ��1��g � Ml8i� �� yFSiu�� pill 4-4 (> a �� g's'�ge;� ro'°^"' GRADING AND TE$C PFTAMS AND MOMS � I> CAMW£ST DEVELOPMENT �i f , � a ° EAST RENTON / ROSEMONTE s v . GTY OF RENTON Wi15110YGTON log k $4 I II II 1 :191 } yyqq ,Y ,yxy. I II I I� I I i I I Illi I ill II I a j I I 411 tiI 19 l ;II III � Ir j� !III j,F S'li zlrl illi �m I C) V I � I Anna f—nnv yy k z._ IMA --- @ROAD AND S70RM DRAINAGE PLAN CAMWEST DEVEL OPMENT�gx L o EAST RENTON / ROSEMONTE- L,° O K� �a vwwv i j w O N4 4k, G7TT A- AENTON WASHINGTON :191 IMA --- @ROAD AND S70RM DRAINAGE PLAN CAMWEST DEVEL OPMENT�gx L o EAST RENTON / ROSEMONTE- L,° O K� �a vwwv i j w O N4 4k, G7TT A- AENTON WASHINGTON ..,_ gym. ; � nA+` ��„ w ! ! '}�• < � - I .� _ PIN q rS �B�-\ OAD AND STORM DRAINAGE PLAN - CAMYKEST DEVELOPMENT '9`�il1= RENTON / ROSEMONTE WASWWcrver In �t & _ OAD AND STORM DRAINAGE PLAN - CAMYKEST DEVELOPMENT '9`�il1= RENTON / ROSEMONTE WASWWcrver C U� i� f I �` .+, � a 4 a f � V ROAD AND STORM DRAINAGE PROFILES .. MT BAKER AVE NE, TRACT E AND TRACT J CAMWEST DEVELOPMENT $ a 5 pE EAST RENTON / ROSEMONTEr� CITY OF RENTOR WASWNGTON ROAD AND STORM DRAINAGE PROFILES C■ € '"' wneW R LYONS AVE NE / NF 9TH ST 1 MOUNT BAKER PL NE 4 ,� CAMWEST DEVELOPMENT a 4 A ° �� E EAST RENTON / ROSEMONTE ;a - N CITY OF AEMDM WABMNOTON Li si w �. I __.. ag � i .ar_n 1 \ • It U G O O i 1 ll\ y I xx � sas xx i _ „ sa a n a R u 1 � yy ROAD AND STORM DRAINAGE PROFILES C■ € '"' wneW R LYONS AVE NE / NF 9TH ST 1 MOUNT BAKER PL NE 4 ,� CAMWEST DEVELOPMENT a 4 A ° �� E EAST RENTON / ROSEMONTE ;a - N CITY OF AEMDM WABMNOTON ROAD AND SrOR__m«PROFILES nPOND, OUTFALL FROM POND AND DRAIN ROM POND `-- G_WEeDEVELo_NT EAST R£NTON / ROS£MONT£ h( ) d �arpx I spa __ p P3 ii 0 SE' 720TH t , a AE As HST, _ s - 4`il i a fill f$$tla$ ®' N.@. gel i r' 33s�'� €tli•_ m eisa $$ ni j $ eB ,k t NE LOTH ST :_ I ? n mn I�i AN WWo f f' 1. 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ST W� U € •r^� 'FCAMWEST DEVELOPMENT Q H a EAST RENTON / ROSEMONTE IR - G[TY OF FEHTpAS WASN7NG foN f�V 14 „~ CITY OF P, NTON EASRENTON/ROS MONTE-` acr'ewcxcfYoallC •� e®r_ rc zwvl �xr�[x p O O :n an veNox- m a SANITARY SEWER PROFILES NILE AVE NE Al SSMM 1 TO 2 PROFILES CAMWEST DEVELOPMENT B fav V Ic EAST RENTON / ROSEMONTE Yg ' �s m� V C1TY GF REXTog WASHINGTON —TEVI519N CITY OFRNTON — rt. — }- –i nmc�wnmcrvuevc mw.� ems, jai wa RFNTr,N/R05EMC)O T 1 � OWN" $$¢mCCCC�?aa aA3Ad xi f R � f 3 SANITARY SEWER DETAILS AND NOTES Q '4G 9 dish. 15 1§il c a a > eo c� EAST RENTON / ROSEMONTE {y ~! y b RFNTr,N/R05EMC)O T 1 SANITARY SEWER DETAILS AND NOTES Q '4G y a a > eo c� EAST RENTON / ROSEMONTE {y ~! y b p s v s RFNTr,N/R05EMC)O T qe } 11; 11lip boa R� ��d HN H Nn. g121,1 vgA c4 9@p ill 3� Wl R ilR , £ s 1411 $4�,Aj48 jig FIol- I all" q g SANITARY SEWER DETAILS AND NOTES CAMWEST DEVELOPMENT eo c� EAST RENTON / ROSEMONTE {y p s v s �S11 n _ 07Y OF FENTpN, WASHINGTON qe } 11; 11lip boa R� ��d HN H Nn. g121,1 vgA c4 9@p ill 3� Wl R ilR , £ s 1411 $4�,Aj48 jig FIol- I all" q g SANITARY SEWER DETAILS AND NOTES CAMWEST DEVELOPMENT eo c� EAST RENTON / ROSEMONTE {y p s v s n _ 07Y OF FENTpN, WASHINGTON I �.- � �- d e �4:a. r� 1 RENTON/R0SEM0\1 � CITY OF RENTON ER .. ..GATE � AHwirla,G c —�.p iIP+AK R—R Gf MRR .......---...� �"`• GAMWEST DEVELOPMENT EAST RENTON / ROSEMONTE /w�unwc/ �arw ter. ar w I �.- � �- d e �4:a. r� 1 RENTON/R0SEM0\1 � oti le P M r �� vwr®mam N4� n sANITAR r SEWER DETAILS il GAMWEST DEVELOPMENT EAST RENTON / ROSEMONTE V ? 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RENTON, WA - �a • 1 2 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) 10 RE: Claremont Phase 2 Final Plat FINAL PLAT APPROVAL 11 ) LUA 13-000836, FP ) 12 ) 13 ) 14 Summary 15 16 The applicant has applied for final plat approval of Phase 2 of the Claremont subdivision. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 Exhibits 21 22 The following documents were considered in evaluating the application for final plat: 23 1. November 4, 2013 memo from Neil Watts to Phil Olbrechts. 2, April 24, 2012 Minor Amendment Approval --- East Renton and Rosemonte. 24 25 Findings of Fact 26 1 Procedural: FINAL PLAT - I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Applicant. Camwest 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 the second phase of a 91 lot subdivision. The subdivision is the result of a merger of two adjoining subdivisions called East Renton and Rosemonte. The two subdivisions both received preliminary plat approval by King County on April 5, 2007. Following annexation into the City of Renton the plats were merged as the Claremont subdivision by a minor amendment approved by the City of Renton on April 24, 2012. See Ex. 2. Phase 2 is composed of 53 single-family lots comprising 18.24 acres. The subdivision is located on the west side of Nile Avenue NE in the vicinity of NE 8th Street and NE 9th Street. 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: 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition: FINAL PLAT - 2 t 1 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City 2 ordinance. 3 4 Dated this 8th day of November, 2013. 6 Phi A.Olbrmhls 7 g City of Renton Hearing Examiner 9 10 11 Appeal Right and Valuation Notices 12 RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires 13 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 14 may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 15 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 16 City Clerk's Office, Renton City Hall — 7"' floor, (425) 430-6510. 17 Affected property owners may request a change in valuation for property tax purposes 18 notwithstanding any program of revaluation. 19 20 21 22 23 24 25 26 FINAL PLAT - 3 COMMUNITY & T `' '.1 (- ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 4, 2013 TO: Phil Olbrechts, Renton Hearing Examiner FROM: Neil Watts, Development Services Director SUBJECT: Approval Request for the Claremont Phase 2 Final Plat 12013-148 1h Avenue SE LUA 13-000836, FP Request The applicant (Camwest) requests approval for the final plat for Claremont Phase 2 Plat to subdivide the 18.24 acre remainder of the development site into 53 single-family lots. The plat is zoned R-4. II. Prior Decision History The application for the preliminary plat was submitted on September 4, 2012. The Determination of Non -Significance (DNS) was issued on October 15, 2012. No appeals were filed to the DNS. A public hearing with the Hearing Examiner was held on November 13, 2012. The proposed subdivision of East Renton Plat was accepted by King County for complete application on March 17, 2006, and granted preliminary plat approval by the King County on April 5, 2007, and the proposed subdivision of Rosemonte Plat was accepted by King County for complete application on March 31, 2006. Both plats were submitted by the same applicant (Camwest) and were granted preliminary plat approval by the King County on April 5, 2007. Following annexation to the City of Renton, the applicant requested minor amendment approval to merge and phase the two approved plats, and to clarify the plat conditions for Renton approval of the final plat. Approval of minor amendments to the preliminary plats was granted on April 24, 2012, On May 8, 2012, the applicant received approval of the construction permit for the plat infrastructure. On June 26, 2013, the applicant submitted the final plat application. The construction of the plat infrastructure is complete and accepted. The completed improvements include a new through street, street frontage improvements on the existing adjacent streets, street lights, drainage, and required utility improvements. III. Consistency with the Preliminary Plat Conditions of Approval per the Hearing Examiner for the City of Renton Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 The following are the specific conditions of approval for the preliminary plat and how the applicant has met these conditions. 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. The East Renton preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first recorded phase being the easterly portion of the site, with full drainage improvements, utility improvements and street improvements necessary for providing full utility and access to the lots in the first phase. The second phase would be the remaining westerly portion of the combined preliminary plat would then include completion of the remaining drainage, utility and street improvements for the project. City response: This condition was completed during plat engineering and plat construction. 2. The plat shall comply with the base density and minimum density requirements of the King County R- 4 zone classification. All lots shall meet the minimum dimensional requirements of the King County R-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the play which do not result in substantial changes may be approved at the discretion of the City of Renton Community & Economic Development Department. A minimum of 50% of the future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Cade (RMQ 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. City response. The plat complies with the King County base density requirements of the R-4 zone classification and includes the same number of lots as were shown on the preliminary plat which was approved by the King County hearing Examiner prior to annexation of the property to the City of Renton. A listing of all the lots identifying compliance with a minimum of 50% of the future homes with the Residential Design and Open Space Requirements has been provided to the City, and will be followed for construction of the future houses. 3. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11157, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. City response: This condition was completed during plat engineering and complied with during plat construction. 4. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. 2 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 City response; This condition was completed during plat engineering and complied with during plat construction. S. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes as listed in the 1998 KCSWM shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown an the approved construction drawings # on file with the City of Benton. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with the plans on file." d. Storm water facilities shall be designed using the KCRTS level one flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. The size of the proposed drainage tracts may have to increase to accommodate the required detention volumes and water quality facilities. All runoff control facilities shall be located in a separate tract and dedicated to the City of Renton unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. e. The applicant has received approval for two drainage adjustment applications regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions are contained within file numbers L02VO089 and L04V0103. During final review of the engineering plans, all applicable conditions of the adjustment approvals shall be satisfied. f. As stated in the drainage adjustment decision, the offsite drainage pond shall be designed using the Level 1 flow control standard. Basic water quality standards are also required for design of the facility. If a wet pond facility is provided for water quality, the design shall comply with the 3:1 flow length ratio as outlined on page 6-72 in the drainage manual. For evaluation of the onsite storm vault and the offsite detention pond, a soils report shall be prepared by a geotechnical engineer to evaluate the soils and groundwater conditions. g. For any proposed bypass of storm water from the flow control facility, the final drainage designs shall comply with applicable design requirements in the drainage manual as outlined on pages 1-36 and 3-52. h. As required by Special Requirement No. 2 in the drainage manual, the 100 -year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. City response: This condition was completed during plat engineering and complied with during plat construction. 3 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. With the relocation of the entry road onto 148th Avenue SE, the sight distance is now acceptable without a variance, and can be constructed as shown on approved construction plans for the project. b. 148th Avenue SE shall be improved along the frontage as an urban collector arterial. In accordance with KCRS 2.02, the curb location shall be designed at 22 -feet from the road crown to provide full width travel lanes and a bike lane. c. The proposed loop road within the subdivision (SE 1181h St.) shall be improved as an urban neighborhood collector street. d. Any private access tracts shall be improved as a private joint use driveway serving a maximum of two lots. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01C, improvements shall include an 18 foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. e. Street trees shall be included in the design of all road improvements and shall comply with Section 5.03 of the KCRS. f. Street illumination shall be provided along the plat frontage and at intersections with arterials in accordance with KCRS 5.0S. g. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, full width pavement overlay is required where widening existing asphalt, unless otherwise approved by King County. h. 148th Ave SE is classified as an arterial street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine specific requirements. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. City response. This condition was completed during plat engineering and complied with during plat construction. 7. All franchise utilities within proposed rights-of-way must be built and approved per RMC 4-7-200D and 4-7-200E prior to final plat recording. City response: This condition was completed during plat engineering and complied with during plat construction. 8. The plat plan for the original Rosemonte preliminary plat shows a retaining wall associated with 145" Ave SE which extends into the BSBL for the wetland buffer. During engineering review for East Renton, a revised road alignment and grading plan shall be provided which demonstrates that road construction within the project will comply with applicable sensitive area codes. The revised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat. Alternatively, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSLB to achieve code compliance. 4 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 City response: This area was modified during engineering review and approval for the project. The area was re -graded and a rockery ranging from two to four feet in height was approved and constructed entirely within an open space tract (Tract D) rather than within a sensitive area tract. 9. There shall be no direct vehicular access to or from 148th Ave SE from those lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. City response: Note 5 under the Conditions, Covenants and Restrictions on Sheet 2 of the final plat, prohibits direct access from Nile Avenue NE (formerly 1481h Avenue SE) to those lots that abut it. 10. The applicant shall provide a safe walking access to Apollo Elementary School with urban improvements along the west side of 1481h Ave NE to the existing crosswalk on the north side of SE 117th St. This improvement includes urban frontage improvements along property frontage of the Plat of East Renton, north of SE 119th Street, as well as urban improvements along frontage of Rosemonte and urban improvements north to the existing crosswalk on the north side of SE 117th St. In the event it is not practical to construct urban improvements on the west side of 148tH Avenue Southeast extending to the existing crosswalk, a new crosswalk may be established south of Southeast 117th Street and a safe walkway provided on the east side of 148`h Avenue Southeast from the new crosswalk to the north side of Southeast 117th Street. This alternative may use a graded surface on the east side of 148th Ave Se to ensure that school-age pedestrians are provided an acceptable -width walkway surface behind the curbing. City response_ This condition was completed during plat engineering and complied with during plat construction. Full improvements have been constructed where the project abuts Nile Avenue NE and a crosswalk has been striped at the intersection of 117th and Nile. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." 1f the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. City response. Traffic impact fees will be paid at the time of building permit issuance. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-150, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. City response: In accordance with this condition of approval, the applicant will pay 50% of the school impact fee prior to the final plat recording and the remaining 50% will be paid prior to building permit issuance. Approval Request for the Caremont Phase 2 Final Plat November 4, 2013 13. Wetlands - Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. a. The Class 2 wetland shall have a minimum 50 -foot buffer of undisturbed vegetation as measured from the wetland edge. b. Sensitive area tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. c. Buffer width averaging may be allowed by King County if it will provide additional protection to the wetland/stream or enhance their functions, as long as the total area contained in the buffer on the development proposal site does not decrease. In no area shall the buffer be less than 65 percent of the required minimum distance. To ensure such functions are enhanced a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement pian shall be submitted for review during engineering review. d. A 15 -foot BSBL shall be established from the edge of buffer and/or the sensitive areas Tract(s) and shown on all affected lots. e. To ensure long term protection of the Sensitive Areas a split -railed fence of no more than 4 feet in height shall be installed along the Sensitive Area Tract boundaries in the area of proposed lots. Sensitive Area signs shall be attached to the fence at no less than 100 foot intervals. f. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to the City of Renton Development Services Division satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five- year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. h. During engineering plan review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post -construction. i. Detention out -fall structures may be permitted within the wetland/stream buffers; however, structures shall be located in the outer edge of the buffer, if possible. All buffer impacts shall be mitigated. City response: Buffer width averaging is shown on the approved engineering plans with minimum buffer width in conformance with King County codes. The final work included placing the Class 2 wetland within a sensitive area tract and the resultant 15' BSBL is indicated on the affected lots. A split rail fence has been constructed along the sensitive area tract boundary. The wetland hydrology issues were addressed during the engineering plan review and approval phase of the project. A wetland mitigation plan has been prepared in conformance with K.C.C. 21A.24. The mitigation pian was reviewed and approved by City of Renton staff. 6 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 14. Development authorized by this approval may require other state and/or federal permits or approvals. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site. City, response: No action required on city staff part on this condition. Applicant and contractor obtained separate permits from DOE as required by state regulations. 15. During the review of the construction plans for the preliminary plat, the City of Renton Planning Division will be consulted to verify compliance of the critical area conditions associated with this plat. City response: This condition was completed during plat engineering and complied with during plat construction. 16. The applicant shall delineate all on-site geological hazards on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-0501. The delineation of such areas shall be reviewed and approved by Development Services staff. The requirements found in RMC 4-3-050J and the 1998 KCSWM shall be met, including seasonal restrictions on clearings and grading activities. City response: This condition was completed during plat engineering and complied with during plat construction. 17. Geotechnical - The geotechnical work for this project shall be accomplished in accordance with recommendations presented in the geotechnical engineering report dated April 23, 2003 by Associated Earth Sciences, Inc. This condition only applies to the northern portion of the project, specifically proposed Lots 11— 27, Lots 83 — 91 and Tract I. a. Structural fill placement shall be continuously monitored and approved in writing by the project geotechnical engineer or engineering geologist. b. After excavation and prior to structural fill or foundation placement, all bearing soils shall be inspected and approved in writing by an experienced geotechnical engineer or engineering geologist. c. Structural fill placed for improved areas such as pavements or floor slabs shall be compacted to at least 95 percent of the maximum dry density by ASTM test designation D-1557 (Modified Proctor) or as recommended by the project geotechnical engineer or engineering geologist. d. All pile foundation installations shall be continuously monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approve plan and the geotechnical report. Compliance and approval of the pile foundation installation shall be documented in a report to the City of Renton site or building inspector. e. The location and height of any proposed rockeries or retaining walls shall be shown on the engineering plans. f. Any created fill slope that is 40 percent or steeper and 10 feet or greater in vertical height shall be subject to a 50 -foot wide buffer plus a 15 -foot wide setback area from its top, toe and sides. This buffer may be reduced to 10 feet with a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist. The applicant shall delineate all on-site high erosion hazards as defined by RMC 4-3-05011.c on the final engineering plans. The requirements found in RMC 4-3-050J, including seasonal restrictions on clearing and grading activities. 7 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 City response: The structural fill placement in the areas described have been completed as part of Phase 1, and were monitored and approved by the geotechnical engineer for the project. Bearing soils were inspected and unsatisfactory material was removed prior to the placement of fill. Structural fill within these areas was compacted to at least 95 percent. If pile foundations are used with the Phase 2 area they will be monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approved building plan and the geotechnical report. Compliance and approval of the pile foundation installation will be documented as part of a special inspection requirement for the associated house building permits. 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical area and buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the tract/critical area and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by law. The common boundary between the tract/critical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction or other development activity on a lot subject to the critical area tract/critical area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations ore allowed beyond the required 15 foot building setback line, unless otherwise provided by low. City response: The critical area tract and these notes are included on the final plat drawings. 19. The plat design shall be revised to provide the minimum suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A.14.190 (i.e., minimum area, as well as, sport court[s], children's play equipment, picnic table[s], benches, etc.), as shown on hearing exh. no. 26. in lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant opts to provide suitable recreation space on-site, then the following conditions must be met. a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 8 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 c. Modify the plat, as needed to comply with KCC 21A.14.180.F, as shown in hearing exh. No. 26 for the plat of East Renton (DDES File No. L02P0005) City response: Two parks are included within the plat. Recreational facilities will be provided in both parks. However, the recreation space is less than what is required in KCC 21A.14. Therefore, the individual lots will be subject to Parks Impact fees with the issuance of the individual building permits for the future houses. 20. Tract E shall be designated for recreational area, with an approved trail (across wetland buffers) extending from the recreational Tract G and functioning as an extension of recreation from Tract G. Plans for the tract — designation and design, shall comply with codes and shall be to the satisfaction of City of Renton Development Services Division prior to construction commencing within the Phase 2 area. City response: During design and review of the construction plans for the project, city staff approved removal of the trail from the project as part of the approved landscaping and wetland buffer mitigation plans. The project provides more open space and recreational space than required by City codes, but no longer meets the open space requirements per King County standards. Therefore, the individual lots will be subject to Parks Impact fees with the issuance of the individual building permits for the future houses. 21. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tract, open space and/or sensitive area tracts. City response: A homeowner's association has been established for the project and CCRs for the plat have been approved and recorded by the City with Phase 1 of the project. Final plat Tracts C, D, F, G, H, and K are to be owned by the HOA and the HOA is also responsible for maintenance of the tracts. 22. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. 9 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 148`' Ave SE is on a bus route. If 148th Ave SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. i. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. City response: A street tree plan has been approved by the City. Street trees along Nile Avenue were planted during the Phase 1 work. This project does not include a planting strip with the right-of-ways of the internal streets so street trees must be planted on the lots. Note 4 under the OCRs section states that street trees are to be owned and maintained by the abutting lot owners. Because the trees are not in the right-of-way, they will be installed as part of the individual lot construction process, prior to final inspection of the future houses. A deferral for these trees has been approved, and a deferral security has been provided to the City by the applicant. 23. The engineering plans for this project shall identify the location of any wells on the site and provide notes which address the requirements for the contractor to abandon the well(s) pursuant to requirements outlined in the Washington Administrative Code (WAC 173-160). City response: This condition was completed during plat engineering and complied with during plat construction. One well was found on the property and it was abandoned in accordance with WAC 173- 160. 24. SEPA - The two conditions for participation in signalized intersection improvements in the vicinity, and for acceptable stopping sight distance verification have been satisfied prior to granting of this minor plat amendment. City response: Condition #24 has been completed with earlier construction and acceptance of improvements SE 900/1481h Ave intersection, including a traffic signal and left turn lanes. Acceptable stopping sight distance verification was completed during the review and approval of the construction plans for the project. 25. The recreation area will serve both phases of the proposed plat. City response: Two recreation tracts are proposed for the total Claremont project, with one recreation tract located in each of the two phases. 10 Approval Request for the Claremont Phase 2 Final Plat November 4, 2013 25. Wetland buffer averaging or additional buffer are required to compensate for reduction of wetland buffers adjacent to 145th Avenue southeast, as proposed in the vicinity of the north property line, and to compensate for construction of the recreation tract trail through wetland buffer between Tracts E and G. City response: Wetland buffer averaging and additional buffer were provided adjacent to 145th Avenue 5E (the street name as shown on the preliminary plat) per the approved wetland buffer plan. IV. Staff Recommendation City staff recommends to the Hearing Examiner approval of the Claremont Phase 2 Final Plat. cc: Chip Vincent Gregg Zimmerman Jan Illian Dan Thompson Rocale Timmons 11 D`r3is Lav' r ` City of Wiayor Department of Community and Economic Development C.E."Chip"Vincent,lnterim Administrator April 24, 2012 Bruce Knowlton Camwest Development, LLC 9720 NE 120`" Place, Suite 100 Kirkland, WA 98034 RE; Minor Amendment Approval — East Renton and Rosemonte Preliminary Plats Nile Avenue NE and NE 81" Street King County File Numbers L02P00005 and L03P0018 Dear Mr. Knowlton: We have reviewed the approved East Renton and Rosemonte preliminary plats. The two preliminary plats, for a combined 91 residential lots, are located on the west side of Nile Avenue NE in the vicinity of NE 8`" Street and NE 9'h Street. We have reviewed the list of project conditions established by the King County Hearing Examiner prior to annexation of the properties to Renton, and are approving revisions to the phrasing of the plat conditions to clarify Renton requirements for approval of the final plat. These requests and revisions are approved as part of a minor amendment to the preliminary plat, as allowed by Renton Municipal Code (RMC) 4-7-080M. The approved amended preliminary plat conditions are listed below. The approved revisions include clarification of required impact fees and a condition for compliance with Renton's Residential Design Standards. These two adjacent preliminary preliminary plats were approved separately. They were both requested by the same applicant and the public hearings were heard before the King County Hearing Examiner the same day. The plat conditions are nearly identical, with a recognition that the two projects would be built as a phased project, with the southerly (East Renton) project going first, and the north (Rosemont) being built and recorded second. The applicant has requested merging the two plats, and altering the phasing to the easterly portion of the site being built and recorded first, and the second phase being the remaining westerly portion. We believe this is a logical approach, providing a better build out plan for utilities, streets, and drainage for the project. This minor amendment for the original two approved preliminary plats grants approval to the applicant's request to merge the two projects into a single preliminary plat, with two phases for recording of the final plat. The combined plat conditions retain the same intent as the conditions on each of the initial preliminary plats, and the final recording date remains unchanged, since both preliminary plats have the same approval date by the County. Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov Mr. Bruce Knowlton Page 2 of 10 April 24, 2012 Amended Conditions of Approval for the East Renton and Rosemonte Preliminary Plats The proposed subdivision of East Renton Plat, as accepted by King County for complete application on March 17, 2006, and granted preliminary plat approval by the King County on April 5, 2007, and the proposed subdivision of Rosemonte Plat, as accepted by Icing County for complete application on March 31, 2006, and granted preliminary plat approval by the King County on April 5, 2007, are granted approval of minor amendments to the preliminary plats, subject to the following conditions of final plat approvals: 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. The East Renton preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first recorded phase being the easterly portion of the site, with full drainage improvements, utility improvements, and street improvements necessary for providing full utility and access to the lots in the first phase. The second phase would be the remaining westerly portion of the combined preliminary plat, which would then include completion of the remaining drainage, utility, and street improvements for the project. 2. The plat shall comply with the base density and minimum density requirements of the King County R-4 zone classification. All lots shall meet the minimum dimensional requirements of the King County R-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Community & Economic Development Department. A minimum of 50% of the future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession, or a cenf€ict of title. 3. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. 4. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Mr. Bruce E<nowiton Page 3 of 10 April 24, 2012 S. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual, City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes as listed in the 1998 KCSWM shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat; "All building downspouts, footing drains, and drains from ail impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains most be constructed and approved prior to the final building inspection approval. for those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with the plans on file." d. Storm water facilities shall be designed using the KCRTS level one flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. The size of the proposed drainage tracts may have to increase to accommodate the required detention volumes and water quality facilities. All runoff control facilities shall be located in a separate tract and dedicated to the City of Renton unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14,180. e. The applicant has received approval for two drainage adjustment applications regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions are contained within file numbers L02VO089 and L04V0103. During final review of the engineering plans, all applicable conditions of the adjustment approvals shall be satisfied. f. As stated in the drainage adjustment decision, the offsite drainage pond shall be designed using the Level 1 flow control standard. Basic water quality standards are also required for design of the facility, If a wet pond facility is provided for water quality, the design shall comply with the 3:1 flow length ratio as outlined on page 6- 72 in the drainage manual. For evaluation of the onsite storm vault and the offsite detention pond, a soils report shall be prepared by a geotechnical engineer to evaluate the soils and groundwater conditions. g. For any proposed bypass of storm water from the flow control facility, the final drainage designs shall comply with applicable design requirements in the drainage manual as outlined on pages 1-36 and 3-52. Mr. Bruce Knowlton Page 4 of 10 April 24, 2012 As required by Special Requirement No. 2 in the drainage manual, the 100 -year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. With the relocation of the entry road onto 148th Avenue SE, the sight distance is now acceptable without a variance, and can be constructed as shown on approved construction plans for the project. b. 148th Avenue SE shall be improved along the frontage as an urban collector arterial. In accordance with KCRS 2.02, the curb location shall be designed at 22 -feet from the road crown to provide full width travel lanes and a bike lane. c. The proposed loop road within the subdivision (SE 118'x' St) shall be improved as an urban neighborhood collector street. d. Any private access tracts shall be improved as a private joint use driveway serving a maximum of two lots. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01C, improvements shall include an 18 -foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. e. Street trees shall be included in the design of all road improvements and shall comply with Section S.03 of the KCRS. f. Street illumination shall be provided along the plat frontage and at intersections with arterials in accordance with KCRS 5.05. g. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, full width pavement overlay is required where widening existing asphalt, unless otherwise approved by King County. h. 148'1, Ave SE is classified as an arterial street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine specific requirements. i. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9- 250D. 7. All franchise utilities within proposed rights-of-way must be built and approved per RMC 4-7- 200D and 4-7-200E prior to final plat recording. 8. The plat plan for the original Rosemonte preliminary plat shows a retaining wall associated with 145'h Ave 5E which extends into the BSBL for the wetland buffer. During engineering review for East Renton, a revised road alignment and grading plan shall be provided which demonstrates that road construction within the project will comply with applicable sensitive area codes. The revised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat. Alternatively, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSLB to achieve code compliance. Mr. Bruce Knowlton pane 5 of 10 April 24. 2011 9. There shall be no direct vehicular access to or from 1481h Ave SE from those lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. 10. The applicant shall provide a safe walking access to Apollo Elementary School, with urban improvements along the west side of 148" Ave NE to the existing crosswalk on the north side of SE 117th St. This improvement includes urban frontage improvements along property frontage of the Nat of East Renton, north of SE 119th Street, as well as urban improvements along the frontage of Rosemonte and urban improvements north to the existing crosswalk on the north side of SE 117` St. In the event it is not practical to construct urban improvements on the west side of 148th Avenue Southeast extending to the existing crosswalk, a new crosswalk may be established south of Southeast 117th Street and a safe walkway provided on the east side of 148`" Avenue Southeast from the new crosswalk to the north side of Southeast 117th Street. This alternative may use a graded surface on the east side of 148th Ave SE to ensure that school- age pedestrians are provided an acceptable -width walkway surface behind the curbing. 11_ The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the First option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." if the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. 13. Wetlands - Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. a. The Class 2 wetiand shall have a minimum 50 -foot buffer of undisturbed vegetation as measured from the wetland edge. b. Sensitive area tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. c. Buffer width averaging may be allowed by King County if it will provide additional protection to the wetland/strearn or enhance theirfunctions, as long as the total area contained in the buffer on the development proposal site does not decrease. in no area shall the buffer be less than sixty-five percent (65%) of the required [OT. Gruce Knowlton Page 6 of 10 April 24, 2012 minimum distance. To ensure such functions are enhanced, a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during engineering review. d. A 15 -foot BSBL shall be established from the edge of buffer and/or the sensitive areas tracts) and shown on all affected lots. e. To ensure long term protection of the Sensitive Areas, a split -railed fence of no more than four feet (4') in height shall be installed along the Sensitive Area Tract boundaries in the area of proposed lots. Sensitive Area signs shall be attached to the fence at no less than 100 -foot intervals. f. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to the City of Renton Development Services Division satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance, and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas tract(s) in a highiy visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. During engineering plan review, the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post - construction. Detention out -fall structures may be permitted within the wetland/stream buffers; however, structures shall be located in the outer edge of the buffer, if possible. All buffer impacts shall be mitigated. 14. Development authorized by this approval may require other state and/or federal permits or approvals. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site. 15. During the review of the construction plans for the preliminary plat, the City of Renton Planning Division will be consulted to verify compliance of the critical area conditions associated with this plat. 16. The applicant shall delineate all on-site geological hazards on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-050J_ The delineation of such areas shall be reviewed and approved by Development Services staff. The requirements found in RMC 4-3- 050J and the 1998 KCSW M shall be met, including seasonal restrictions on clearings and grading activities. Mr Bruce Knowlton Page 7 of i0 April 24, 2012 17. Geotechnical - The geotechnical work for this project shall be accomplished in accordance with recommendations presented in the geotechnical engineering report dated April 23, 2003, by Associated Earth Sciences, Inc. This condition only applies to the northern portion of the project, specifically proposed Lots 11-- 27, Lots 83 — 91 and Tract I. a. Structural fill placement shall be continuously monitored and approved in writing by the project geotechnical engineer or engineering geologist. b. After excavation and prior to structural fill or foundation placement, all bearing soils shall be inspected and approved in writing by an experienced geotechnical engineer or engineering geologist. c_ Structural fill placed for improved areas such as pavements or floor slabs shall be compacted to at least 95 percent of the maximum dry density by ASTM test designation D-1557 (Modified Proctor) or as recommended by the project geotechnical engineer or engineering geologist. d. All pile foundation installations shall be continuously monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approve plan and the geotechnical report. Compliance and approval of the pile foundation installation shall be documented in a report to the City of Renton site or building inspector. e. The location and height of any proposed rockeries or retaining walls shall be shown on the engineering plans. f. Any created fill slope that is 40 percent or steeper and 10 feet or greater in vertical height shall be subject to a 50 -foot wide buffer plus a 15 -foot wide setback area from its top, toe, and sides. This buffer may be reduced to 10 feet with a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist. g. The applicant shall delineate all on-site high erosion hazards as defined by RMC 4-3- 050.J.1.c on the final engineering plans. The requirements are found in RMC 4-3- 050J, including seasonal restrictions on clearing and grading activities. 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tractfcriticol area and buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the tract/critical area and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by low. Mr. Bruce Knowlton Page 8 of 10 April 24, 2012 The common boondary between the tract/critical area and buffer and the area of development activity mast be marked or otherwise flogged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction, or other development activity on a lot subject to the critical area tract/critical area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 -foot building setback line, unless otherwise provided by low. 19. The plat design shall be revised to provide the minimum suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A.14.190 (i.e., minimum area, as well as sport court[s], children's play equipment, picnic table[s], benches, etc.), as shown on hearing exh. No. 26. In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant opts to provide suitable recreation space on-site, then the following conditions must be met. a. A detailed recreation space plan (i -e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. c. Modify the plat, as needed, to comply with KCC 21A.14.180.F, as shown in hearing exh. No. 26 for the plat of East Renton (DDES File No. 1-02130005). 20, Tract E shall be designated for recreational area, with an approved trail (across wetland buffers) extending from the recreational Tract G and functioning as an extension of recreation from Tract G. Plans for the tract — designation and design, shall comply with codes and shall be to the satisfaction of City of Renton Development Services Division prior to construction commencing within the Phase 2 area. 21. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tract, open space and/or sensitive area tracts. 22. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.26.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. Mr. Brune Knowlton Page 9 of 10 April 24, 2012 c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners' association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval, g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 1461" Ave 5E is on a bus route. if 148'h Ave SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. if a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. i. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording, 23. The engineering plans for this project shall identify the location of any wells on the site and provide notes which address the requirements for the contractor to abandon the well(s) pursuant to requirements outlined in the Washington Administrative Code (WAC 173-160). 24. SEPA - The two conditions for participation in signalized intersection improvements in the vicinity, and for acceptable stopping sight distance verification have been satisfied prior to granting of this minor plat amendment. 25. The recreation area will serve both phases of the proposed plat. 26. Wetland buffer averaging or additional buffer are required to compensate for reduction of wetland buffers adjacent to 145"' Avenue southeast, as proposed in the vicinity of the north Mr. Bruce Knowlton Page 10 of 10 April 24, 2012 property line, and to compensate for construction of the recreation tract trail through wetland buffer between Tracts E and G. This decision to approve the minor amendment to the East Renton and Rosemonte Preliminary Plats is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the Renton City Clerk's office by 5:00 pm, May 8, 2012. If you have further questions regarding requirements for this project, please contact Kayren ICittrick at 425-430-7299. Sincerely, Neil Watts, Director Development Services Division cc: Chip Vincent, Interim CED Administrator Kayren Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Arneta Henninger, Plan Reviewer DEPARTMENT OFCOMMUNITY7'il ,� Enlrtt ww AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 4, 2013 TO: Bob MacOnie, Technical Services FROM: Jan Illian, Plan Review 9-1 SUBJECT: CLAREMONT/EAST RENTON PHASE 11 FINAL PLAT EUA13-000836 FP 12013 — 148th Ave SE If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thank you Approval: Name Title` Date cc: Yellow File DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M RATE: November 4, 2013 TO: Rocale Timmons, Planning FROM: Jan Illian, Plan Review SUBJECT: CLAREMONT/EAST RENTON PHASE If FINAL PLAT LUA13-000836 FP 12013 — 148th Ave SE If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thankyou Approval: 0FTii cc: Yellow File Title /112 Date CITY OF RENTON Construction Permit Permit Number: U 9 2006'1 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Work Description: WD 90 INSTALL WATER DRAW #3451 Job Address: 12013 148TH AVE SE NE STH ST & NILE AVE NE Owner: WATER DISTRICT 90 Contractor: Contractor License: Contractor Phone: City License. Contact: CAMWEST REAL ESTATE DEVEL. INC Contact's Phone: 425-825-1955 X142 Other Information: Date of Issue 05/08/2012 Work Order 87031 Date of Expiration 1 110 412 0 1 2 Parcel Number 1023059023 Date Finaled /� Inspector's Name 6 �j 4 is Plione It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed withinthe right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections and for any work in the Right of way To Cancel an Inspection - call 425-430-7200 between 8AM and 5PM Locate utilities before excavating. Call before you dig - 72 Hour Locators 1-800-424-5555 hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. Applicant Public Works Rep THIS PERM MUST BE POSTED AT THE JOB SITE AT ALL TIMES. CITY OF RENTON Permit Number: U 1 20060 Construction Permit Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Work Description: INSTALL ST LITES NILE AVE NE DRAW #3451. PROJECT IS REQUIRED TO GET AN ELECTRICAL PERMIT ALONG W , THIS PERMIT. ELECTRICAL PERMIT SHALL NOT BE FINALED PRIOR TO SIGN OFF BY CITY SIGNAL SHOP. Job Address: 12013 148TH AVE SE NE STH ST & NILE AVE NE Owner: CAM WESTEAST RENTON LLC 9720 NE 120TH PL 9100 KIRKLAND WA 98034 Contractor: Contractor License: Contractor Phone: City License: Contact: CAMWEST REAL ESTATE DEVEL. INC Contact's Phone: 425-825-1955 Information: Date of Issue 05/08/2012 ork Order Date of Expiration 11/04/2012 Parcel Number Date Finaled 1%U ', Inspector's Name Inspector's Phone 87031 1023059023 DAN THOMPSON 206-999-1828 is understood that the City oFRenton shall be held harmless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Other Call 425-430-7203 one working day in advance for inspections and for a_._Y work in the Right of way To Cancel an Inspection - tali 425-430-7200 between 8AM and 5PM Locate utilities before excavating. Call before you dig - 72 Hour Locators 1-500-424-5555 I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans, and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted. ordinances. X Permit Type: Deferral P _ _ _ lit Citi of Work Type: Deferral Permit Number: DEF13001148 IVR Number: 951794 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work: DEFERRAL OF STREETLIGHTS Job Address: Permit Name-, Owner: Contractor: Other Information: Date of Issue 802 Mt Baker PI Ne CLAIREMONT AKA EAST RENTONIROSEMONTE TOLL WA LP AARON KOPET 9720 Ne 120Th PI #100 Kirkland, WA 98034 TOLL BROS INC JEANA MABIN 9720 Ne 120Th PI 100 Kirkland, WA 98034 03/0412013 Contractor License: TOLLBB1898QZ Contractor Phone: (425) 825-19555 City License: BL.034408 Date of Expiration 06/0312013 Parcel Number Vone rInspector Name and umber: Dan Thom n 205-999-1828 Plan Reviewer Name and Phone Number: Jan Illian 425-430-7216 It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performace of the work described above You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call (425) 430-7202 one working day in advance for inspections and for ANY work in the Right of Way. Call 8 1 1 to locate underground utilities at least 72 hours before excavating. I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. X -- X Kayresti Kt,fC-�-i.c. Applicant Development Engineering THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES Page 1 of 1 Permit Type: Deferral Permitchi of:. Work Type: Deferral . Permit Number: DEF13991149 IVR Number: 951 795 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work: Job Address: Permit Name: Owner: Contractor: Other Information: Date of Issue DEFERRAL OF STREET TREES 802 Mt Baker PI Ne CLAIREMONT AKA EAST RENTONIROSEMONT TOLL WA LP AARON KOPET 9720 Ne 120Th PI #100 Kirkland, WA 98034 TOLL BROS INC JEANA MABIN 9720 Ne 120Th PI 100 Kirkland, WA 98034 03/04/2013 Contractor License: TOLLBB1898QZ Contractor Phone: (425) 825-1955 City License: BL.034408 Date of Expiration 0311 612 01 5 Parcel Number ( I /3 Inspector Name and Phone Number: Dan Thompson 206-999-1828 Plan Reviewer Name and Phone Number: Jan Illian 425-430-7216 It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performace of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call (425) 430-7202 one working day in advance for inspections and for ANY work in the Right of Way. Call 8 1 1 to locate underground utilities at least 72 hours before excavating. I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. X x Applicant Development Engineering THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES Page 1 of I CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: November 20, 2013 To: City Clerk's Office From: Lisa M. Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City rIcr[ele rlffir•d Project Name: Claremont f=inal Plat Phase 2 (East Renton / Rosemont) LUA (file) Number: LUA-13-000836, FP Cross -References: AKA's: Project Manager: Jan Illian Acceptance Date: July 1, 2013 Applicant: Andrew Miller, Camwest Owner: Toll WA LP - Aaron Kopet Contact: Andrew Miller, Camwest PID Number: 1604730420 ERC Determination: Date: Appeal Period Ends: Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: PHASE 2: THE APPLICANT IS REQUESTING APPROVAL OF THE REMAINING 53 SINGLE FAMILY RESIDENTIAL LOTS FOR CLAREMONT PHASE 2 FORMERLY THE EAST RENTON PP (LUA09-100. 66 LOTS) AND ROSEMONT PP (LUA09-099, 25 LOTS). SITE HAS CRITICAL AREAS. PROJECT WAS GIVEN PRELIMINARY PLAT APPROVAL BY KING COUNTY SUBJECT TO CONDITIONS. TRANSFERRED TO CITY UPON ANNEXATION FOR PROCESSING OF CONSTRUCTION PERMITS AND FINAL PLAT. Location: NE 9th Street west of Nile Avenue NE Comments: ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - ueterminauon or Non -Significance -Mitigated; DS - Determination of Significance. September 16, 2013 Kayren Kittrick Development Engineering Supervisor City of Renton — Development Services 10555 South Grady Way Renton, WA 98057 Claremont Phase Il Final Plat, LUA13-000836 Dear Ms. Kittrick: RECEIVED SEP 1 7 C'TY OF RENTON PLANN1NC I,'J iCiti+ Thank you for providing plan review comments for the Final Plat of Claremont Phase Il. To assist in your review, below are the City of Renton comments followed by our response to comments in bold. Planning Review Rocale Timmons Ph: 425A30-7219 e m a i 1: rtimmons@rentonwa.gov Correction: Planning Comments Created On: 08/05/2013 Comments: 1. Once the wetland mitigation has been installed (plants, signage, fencing, etc.} pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved }clan. Written verification will be provided upon installation. 2. As Built Plans for the Mitigation Area: A copy of the as -built plans of the approved mitigation plan, prion to recording_ The plantings will be installed after the home construction. We are currently working to obtain a deferral permit. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a Karyen Kittrick September 17, 2013 Page 2 period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. The draft contact and deferral permits are in process. 4. Once the mitigation project has been installed, please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5 -year maintenance and monitoring period. Deferral permit in process. 5. RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. Please see Sheet No. 6, the tracts have been labeled as Native Growth Protection Area Tracts. Technical Services Bob MacOnie Ph: 425-430--7369 email: bmaconie@rentonwa.gov Correction: Technical Services Comments Created On: 08/01/2013 Comments: 1. Change the City of Renton land use action number and land record number to, LUA13-000836 and LND-10-0502, respectively, on the final plat submittal. Land Use action number has been corrected on all sheets. 2. Include a statement of equipment and procedures used, per WAC32-130-100. Please see the Statement of Equipment and Procedures on Sheet No. 3 3. Note discrepancies between bearings and distances of record and those measured or calculated, if any. No discrepancies. Phase 11 is a plat of Phase I, Tract X. 4. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the plat drawing. Please renumber the Lots beginning with 1 rather than continuing with the number from the adjacent plat; reducing the likelihood of scriveners errors when describing and conveying property. Please provide addresses. Per 8/15/13 email from Karyen Kittrick, lot numbering to Karyen Kittrick September 17, 2013 Page 3 remain. 5. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see what they require with respect to easements or conveyance. Please see Sheet No. 1, Owner's Declaration, which is also identical to Claremont Phase I. 6. Please discuss with the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. Please see Sheet No. 2. Notes are identical to Claremont Phase I. 7. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Signatures will be provided by the applicant upon final plat approval prior to recording. Please see updated plat certificate and Sheet No. 1. S. There are a number of places where the geometry is illegible due to repeated text elements on page 4 or 6. Revised, please see Sheets No. 4 and 6. Reviewer Comments Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Item Review Name: Technical Services C r e ate d On: 0$/06/207.3 Comments: 1_ The Parcel IDs shown on the application are wrong, it is 1604730420. Corrected, please see the revised Permit Application. Should you have any questions, please do not hesitate to contact me at (425)825-5348 or via email at sbinek@camwest.com. Sincerely, Sonia Binek Land Entitlement Manager City of Renton 2FCi.: JFD LAND USE PERMIT' MASTER APPLICATION,,, ofRp4,°" PROPERTY OWNER(S) Toll WA LP NAME: 9720 NE 120 Place ADDRESS: Kirkland 98034 CITY: ZIP: (425) 825-1955 TELEPHONE NUMBER: APPLICANT (if other than owner) Same NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON Sonia Binek NAME: Same as above COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: (425) 825-5348 sbinek@camwest.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Claremont — Phase 2 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Adjacent and abutting the final plat of Claremont at Renton (recording #20130326001107) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 160473-0420 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): Single -Family Residential Subdivision EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential — Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NIA EXISTING ZONING: R-4 PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): Phase 2 area is 794,545 sf SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 62,864 sf SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NIA NUMBER OF PROPOSED LOTS (if applicable) Phase 2 -- 53 lots NUMBER OF NEW DWELLING UNITS (if applicable): Phase 2 — 53 du http://www.ei.rentoti.wa.usluploadedFi lesIB usiiiess/PBPW/DE,VSERVIFORMS_[)LAN N INGimastcrapp.doc PROJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS {if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL. BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA TION (continued PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY all description on separate sheet with the following information inclu SITUATE IN THE NE QUARTER OF SECTION 10, TOWNSHIP 23, RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Eric Campbell, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) _X_ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. 07L� /�� - 6/12113 Signa r of er/Representative bate Division President, Toll WA LP STATE OF WASHINGTON ) ) SS COUNTY OF KING ) Signature of Owner/Representative 1 certify that i know or have satisfactory evidence that EIQtL . C W M P3F_.u-L _ signed this instrument and acknowledge it to be his/her/the uses and purpose mentioned in the instrument. Dated Date Notary Public in and for the State of Washington L NGHETTE PUBLIC r7 �c�,�ASHINGTON Notary (Print):�tGllCaON EXPIRESR 15 2016 My appointment expires: ��+� l�� TTrojects Active1079-3270 East RentonTinal Plat and 140A DocumentsWinal Plat - Phase 21Land Use Permit Master Application form 2013-05-01.docx -2- Notary 2 - After Recording Return To City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 RECF— SEFt'_? CITY C)F!t3 AMENDED AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR CLAREMONT AT RENTON (PHASES I AND II), A SUBDIVISION Grantor/Declarant: Toll WA LP, a Washington limited partnership Grantee: The Claremont at Renton Homeowners Association, a WA non-profit corporation Legal Description: Plat of Claremont at Renton, Vol. 262 of Plats, Pgs, 025-029, King County recording #20130326001107; Plat of Claremont at Renton Phase Il, Vol._ of Plats, Pgs. , King County recording # Complete legal description on Exhibit A Assessor's Tax Parcel ID#: 1604730420;1604730010;1604730020;1604730030;1604730040;1604730050; 1604730060; 1604730070; 1604730080; 1604730090; 1604730100; 1604730110; 16047301.20; 1604730130; 1604730140; 1604730150; 1604730160; 16047303.70; 1604730180;7.604730190;1604730200;1604730210;7.604730220;1604730230; 1604730240;1604730250;1604730260;1604730270;1604730280;1604730290; 1604730300;1604730310;1604730320;1604730330;1604730340;1604730350; 1604730360;1604730370;1604730380 Documents Amended: 20130326001108 AMENDED AND SUPPLEMENTAL DECLAELATION CLAREMONT AT RFNTON PAGE 1 OF 13 AMENDED AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR CLAREMONT AT RENTON This Amended and Supplemental Declaration of Covenants, Conditions, Restrictions, and Reservations for Claremont at Renton ("Amended and Supplemental Declaration ") is made this _ day of , 2013 by Toll WA LP, a Washington limited partnership hereinafter referred to as "Declarant." This Supplement and Amendment is made for the purpose of subjecting Claremont at Renton Phase II, which is legally described on Exhibit A attached hereto and incorporated herein, to the terms and conditions of the Declaration of Covenants, Conditions, Restrictions, and Reservations ("Declaration") recorded for Phase I of Claremont at Renton, which is legally described on Exhibit B attached hereto and incorporated herein, and to amend the Declaration as provided herein. RECITALS A. Claremont at Renton is a subdivision consisting of thirty-eight (38) Lots and four (4) Tracts and Claremont at Renton Phase II is a subdivision consisting of fifty-three (53) Lots and nine (9) Tracts. Claremont at Renton and Claremont at Renton Phase 11 are located in the City of Renton, King County, Washington. Claremont at Renton and Claremont at Renton Phase II are collectively referred to herein as the "Property". B. Claremont at Renton was subjected to certain Covenants, Conditions, Restrictions, and Reservations in that Declaration recorded under King County Recording number 20130326001108 (the "Declaration"). C. Article 14 of the Declaration provides that the Declarant may subject Claremont at Renton II (referred to as the "Annexation Property" in the Declaration) to the provisions of the Declaration by recording a Supplemental Declaration and that such Supplemental Declaration does not require the consent of any person other than the Declarant. D. Declarant wishes to subject Claremont at Renton II as legally described in ExhibitA to the Declaration. E. Article 12 of the Declaration authorizes the Declarant to amend the Declaration during the Class B Control Period. In addition to subjecting Claremont at Renton 11 to the Declaration and making such amendments as are necessary to encompass revisions associated with subjecting Claremont at Renton II to the provisions of the Declaration, Declarant wishes to amend the Declaration to reference a Street Tree and Landscape Easement recorded subsequent to the recording of the Declaration. AMENDED ANT) SUPPLEMENTAL DECLARATION GLAILEMONI' AT RE vION PAGE• 2 OF 13 SUBMISSION OF CLAREMONT AT RENTON PHASE Ii TO THE DECLARATION Declarant hereby declares that the Annexation Property known as Claremont at Renton Phase II is subjected to the Declaration and further declares that the Property, which is legally described in Exhibits A and B hereto shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to the Declaration and the covenants, conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes set out therein, as amended by this Supplemental Declaration, which are for the purpose of protecting the value and desirability of the Property, and which shall be binding on all parties having any right, title or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. The Declaration, as amended by this Supplemental Declaration, shall run with the land and bind Declarant, Owners, their successors and assigns, all subsequent Owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property shall, and hereby is deemed to incorporate by reference, all provisions of the Declaration as amended by this Supplemental Declaration. The provisions of the Declaration, as amended by this Supplemental Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot. The following amendments are hereby made by Declarant to the Declaration for the purpose of incorporating Claremont at Renton Phase 11 into the terms and provisions of the Amended and Restated Declaration and to address that certain Street Tree and Landscape Easement recorded subsequent to the recording of the Declaration. All other provisions of the Declaration shall remain in full force and effect. The following definitions shall be added to Article 1 of the Declaration: "Native Growth Protection Area" and "NGPA" shall mean Tracts F and K of Claremont at Renton Phase 11 which are subject to a restriction requiring the preservation of all trees and other vegetation in the Tracts. All trees and other vegetation must be left undisturbed and may not be cut, pruned, covered by fill, removed or otherwise damaged. Any disturbance requires the written approval of the City of Renton. "Street Tree and Landscape Easement" shall mean (1) that easement granted to the Association over Lots 1-10 of Phase I of Claremont at Renton and over Lot 39 of Claremont at Renton II for the purposes of planting, maintaining and replacing Street Trees and associated landscaping and irrigation on those Lots, which was recorded under icing County recording number 20130401001610; and (2) that easement granted to the Association over Lots 39-43 upon the recording of the Claremont at Renton Phase II Plat for the purposes of planting, maintaining and replacing Street Trees and associated landscaping and irrigation on those Lots as set out in Easement Note 9 of the Plat. AMENDED AND SUPPLEMENTAL DTCUARAT1ON CL.AREMOnT AT RF.NTON PAGE 3 OF 13 The following definitions shall replace those definitions set out in Article 1 of the Declaration in their entirety: "Plat" shall mean the recorded plat maps which depict the layout of the Lots and Tracts on the Property. The Plat of Claremont at Renton was recorded in Volume 262 of Plats, Pages 025-039 under Recording Number 20130326001107, King County, Washington. The Plat of Claremont at Renton Phase 11 was recorded in Volume of Plats, Pages under Recording dumber , King County, Washington. "Private Storm Drainage Easements" shall mean the private easements described in Easement Notes 2, 3 and 4 on Sheet 2 of the Plat of Claremont at Renton, the private easements described in Easement Notes 2 through 8 on Sheet 2 of the Plat of Claremont at Renton Il and in Section 2.8 of the Declaration as set out on Exhibit D hereto. "Property" shall mean that real property and the improvements thereon located within the County of King, State of Washington, commonly known as Claremont at Renton and Claremont at Renton 11 which are more particularly described on Exhibits A and B attached hereto. "Street Trees" shall mean the street trees located on the Lots adjacent to the public streets internal to the Plat which are maintained by the Owner of the Lot upon which the trees are located, and the street trees located on Lots and Tracts adjacent to Nile Ave. NE as set out in the Street Tree and Landscape Easement, which are maintained by the Association. "Tract" shall mean and refer to any of Tracts A, B, C, D, E, F, G, H, 1, J and K as shown on the Plat and any improvements thereon. Tracts A, B, C, D, F, G, H and K are owned by the Association. Tract I is owned by the City of Renton. Tracts E and J are privately owned joint use driveways. See Exhibit C for ownership and maintenance responsibilities for the Tracts. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on Lots with the exception of those Street Trees located adjacent to Nile Ave. NE. The following Sections of Declaration are hereby revised as follows and such revisions shall replace those provisions as set out in the Declaration in their entirety: Section 2.1 Description of Common Area. The Common Area, as shown on the Plat Maps for Claremont at Renton and Claremont at Renton 11, is comprised of the following: Claremont at Renton: Tract A - Open Space Tract Tract B - Open Space/Recreation Tract Claremont at Renton II: Tract C - open Space/Recreation Tract Tract D - Open Space Tract AMENDED AND SUPPLENISNTAL DECLARATION CLAUMONT AT RE.NTON WAGE 4 or 13 Tract F -- Native Growth Protection Area Tract Tract G - Open Space/Recreation Tract Tract H - Open Space/Recreation Tract Tract K — Native Growth Protection Area Tract Tracts E and ! of Claremont at Renton 11 are private access tracts owned in undivided interest by the Lots served. Tract I is owned by the City of Renton. These Tracts are not part of the Common Area. See Exhibits C and D. Section 2.2 Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in Tracts A, B, C, D, F, G, H and K previously owned by the Association and have the attendant obligation to maintain those Tracts. Any dedication of Common Area to the City can only he done with the prior written approval of the City of Renton. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements: • The Common Area, including any irrigation system serving any portion of the Common Area a Any Entry Monuments and Association Signage d The Street Trees located on Lots and Tracts adjacent to Nile Ave. NE The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.8 Private Storm Drainage Easements. The Plat creates a private storm drainage easement over Lots within the Plat for the benefit of other tots within the Plat as set out on the Plat and Exhibit D hereto. The maintenance of the shared facilities within those private storm drainage easements shall be the responsibility of the Lots benefiting from the storm drainage facilities therein on an equal basis. The maintenance of any portion of the drainage facilities used by only one Lot shall be the sole responsibility of the Owner of that Lot. Section 4.3 Tree Trimming, Maintenance and Removal. The Board may require, at the Owner's expense, the trimming or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner's Lot that the ACC determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of maintenance of the Street Trees on his/her Lot. if an Owner wishes to remove any tree that is part of the Yard Landscaping, including Street Trees, that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at Ai,iENDED AND SUPPI,GMLNTAL DECLARATION CLAREMONT AT RC NTON PACE 5 OF 13 least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. No tree located within a Native Growth Protection Area Tract may be removed without complying with City of Renton tree preservation restrictions for trees located in those Tracts which require the written approval of the City of Renton to remove any tree located in Native Growth Protection Area Tracts. In addition, the removal of any Street Tree or other tree on any Lot or elsewhere in the Plat shall comply with applicable City of Renton permit requirements fortree removal and any replacement obligations. Section 6.20 Native Growth Protection Area. Tracts F and K of Claremont at Renton Phase II are designated as Native Growth Protection Areas and are subject to a restriction requiring the preservation of all trees and other vegetation in the Tract. All trees and other vegetation must be left undisturbed and may not be cut, pruned, covered by fill, damaged or removed unless approved in writing by the City of Renton Exhibit C attached hereto and incorporated herein shall replace Exhibit C to the Declaration in its entirety. IN WITNESS WHEREOF, Declarant has executed this Supplement to Declaration on the day of . 203.3. DECLARANT: TOLL WA LP, a Washington limited partnership By: TOLL WA GP CORP, a Washington corporation Its: General Partner By: Eric H_ Campbell, its Division President AMENDED AND SVPPLEMBNTAL DECLARATION CLAREMON AT RT;NTON PAGE 6 OP 13 STATE OF WASHINGTON ) } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ERIC H. CAMPBELL is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath, stated that said person was authorized to execute the instrument and acknowledged it as the Division President of Toll WA GP Corp, a Washington corporation, the general manager of Tall WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated this day of , 2011 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires AMENDED AND SUPPLEMENTAL DECLARATION CLA.RTNTONT AT RENTCN PAGE 7 of 13 EXHIBIT A LEGAL DESCRIPTION OF CLAREMONT AT RENTON PHASE II The Plat of Claremont at Renton Phase If recorded in Volume of Plats, Pages under Recording Number , King County, Washington. AMENDGn AND SUPPLEMENTAL DECLARATION CLAREMONT A7' RENTON EXHIBIT A EXHIBIT B LEGAL DESCRIPTION OF CLAREMONT AT RENTON PHASE I The Plat of Claremont at Renton recorded in Volume 262 of Plats, Pages 025-039 under Recording Number 20130326001107, King County, Washington. AMENDED A ,'D SUPPLEMENTAL Da-CLARATION CLAREMONT AT RENTON EXHIBIT B EXHIBIT C OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the lots, tracts, easements and utilities within the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and how the maintenance costs are allocated_ The following notations are intended to show in what Phase a Tract was created: CR = Claremont at Renton CR II = Claremont at Renton 11 Tract or Easement Owner or Easement Maintained By Paid By/Assessed To Beneficiary Individual Owners Individual Owners Ind!VidualLots InividuaIOwners *Tract A - Open Space (CR) Association Association Assessed to All Owners *Tract B - Open Space/Recreation Association Association Assessed to All Owners (CR) **Tract C - Open Space/Recreation Association Association Assessed to All Owners (CR 11) **Tract D - Open Space Tract (CR Association Association Assessed to All Owners 11) **Tract F — NGPA Tract (CR 11) Association Association Assessed to All Owners **Tract G - Open Space/Recreation Association Association Assessed to All Owners Tract (CR 11) **Tract H - Open Space/Recreation Association Association Assessed to All Owners Tract (CR 11) **Tract K -- NGPA Tract (CR 11) Association Association Assessed to All Owners Tract E —Joint Use Driveway (CR 11) Lots 90 and 91 Owners of Lots 90 & 91 Owners of Lots 90 & 91 Tract J —Joint Use Driveway (CR li) Lots 43 and 44 Owners of Lots 43 & 44 Owners of Lots 43 & 44 Tract I — Detention (CR) City of Renton City of Renton City of Renton Irrigation facilities in Tracts owned Association Association Assessed to All Owners by Association and Water/ Power Billings Private Drainage Easements See Exhibit D for Owners of Benefitted Owners of Benefitted See Exhibit D benefitted Lots Lots Lots pay portion of costs for facilities used only by that Lot and share equally in maintenance costs for the portion of the drainage facilities used in common. Public Sewer Easement over Lots 8 Easement Benefits the City maintains sewer City of Renton & 9 City of Renton facilities Street Trees (except Street Trees Owner of Lot upon Owner of Lot upon Owner of Lot upon adjacent to Nile Ave. NE) which Street Tree is which Street Tree is which Street Tree is located located located Street trees adjacent to Association Association Assessed to All Owners Nile Ave. NE Sidewalks City of Renton Owner of adjacent Lot Owner of adjacent Lot Street Lighting City of Renton City of Renton City of Renton ANIENDFiD AND SUPPLEMENTAL DF CL.ARATION CLAREmON'r AT RENTON EXIIIBiT C EXHIBIT D PLAT NOTES PHASE I: EASEMENT PROVISIONS/NOTES: THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS LISTED BELOW: THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES_ THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT #90, PUGET SOUND ENERGY, QWEST, COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER, OVER AND UPON THOSE EASEMENTS DESIGNATED AS "UTILITY EASEMENT", THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE, WIRES, AND SIDEWALKS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE T.V. SERVICE, SEWER, WATER AND PUBLIC AND PRIVATE DRAINAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 13 THROUGH 15 IS FOR THE BENEFIT OF LOTS 12 THROUGH 14; THE OWNERS OF SAID LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 3. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO KING COUNTY WATER DISTRICT #90 UNDER, OVER AND UPON THAT PORTION OF TRACT X DEPICTED HEREON AS "PUBLIC WATER EASEMENT", IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND WATER MAINS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH WATER TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENTATALLTIMES FOR THE PURPOSES STATED. 4. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON UNDER, OVER AND UPON THOSE PORTIONS OF TRACT X, LOTS 8 AND 9 DEPICTED HEREON AS "PUBLIC SEWER AWNDED AND SUPPLEMFNIAL DECLARATION CLAREMONT AT RENTON DXHIBiT D EASEMENT", IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND SEWER MAINS AND SEWER SERVICE WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH SEWER MAINS AND SEWER SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR THE PURPOSES STATED. PHASE II: EASEMENT PROVISIONS NOTES: THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED BELOW AND ARE HEREBY GRANTED AND CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLATAS SPECIFIED ACCORDING TO THE RESERVATIONS LISTED BELOW: THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE. DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT #90, PUGET SOUND ENERGY, QWEST, COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER, OVER AND UPON THOSE EASEMENTS DESIGNATED AS "UTILITY EASEMENT", THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE, WIRES, AND SIDEWALKS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE T.V. SERVICE, SEWER, WATER AND PUBLIC AND PRIVATE DRAINAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 1 THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 44-49 IS FOR THE BENEFIT OF LOTS 43-48; THE OWNERS OF LOTS 43-49 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON, 3. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOT 51 AND TRACT I IS FOR THE BENEFIT OF LOT 50; THE OWNERS OF LOTS S0 AND 51 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OFTHAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON, 4. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOT 56 AND TRACT HIS FOR THE BENEFIT OF LOTS S6 AND 57; THE OWNERS OF LOTS 56 AND 57 SHALL BE RESPONSIBLE FOR THE AMENDED AND SUPPLEMENTAL DECLARATTON CLAREMONT AT RENTON EXHIBIT D MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 5. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 76-78 IS FOR THE BENEFIT OF LOTS 12-15 PHASE I AND LOTS 76 AND 77 PHASE 11; THE OWNERS OF LOTS 12-15 PHASE I AND 76-78 PHASE II SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 6. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 88-91 IS FOR THE BENEFIT OF LOT 21 PHASE I AND LOTS 88-90 PHASE 11; THE OWNERS OF LOT 21 PHASE I AND LOTS 88-91 PHASE it SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 7. THE 15 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 68-73 IS FOR THE BENEFIT OF LOTS 69-74; THE OWNERS OF LOTS 68-74 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON_ 8_ THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT ON THE SOUTH 10' OF LOT 68 IS FOR THE BENEFIT OF LOT 21 PHASE 1, LOTS 88-91 AND LOTS 69-74 PHASE 11; THE OWNERS OF LOT 21 PHASE I, LOTS 88- 94 AND LOTS 68-74 PHASE II SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 9. THE EASEMENTS SHOWN OVER LOTS 39-43 AS DEPICTED HEREON, ARE FOR THE BENEFIT OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION FOR THE PURPOSES OF PLANTING, MAINTAINING, AND REPLACING STREET TREES, ASSOCIATED LANDSCAPING AND IRRIGATION. THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNERS OF LOTS 39-43 FROM ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES AND COSTS, ARISING OUT OF THE EXERCISE OF THE EASEMENT, PROVIDED THAT TO THE EXTENT SUCH LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES ARE CAUSED BY OR RESULTING FROM THE CONCURRENT NEGLIGENCE OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION AND ANY OWNERS OF LOTS 39-43 THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION'S OBLIGATIONS HEREUNDER SHALL APPLY ONLY TO THE EXTENT OF THE WRONGFUL ACTS OR OMISSIONS OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION. THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION SHALL HAVE NO OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS ANY OWNER OF LOTS 39-43 IF ANY SUCH LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES ARE CAUSED BY OR RESULTING FROM SUCH OWNER'S SOLE NEGLIGENCE. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXRIIIIT D Denis Law City of,,, O — ,� Mayor � _--s,,.- - ,' f �— Department of Community and Economic Development July 10, 2013 C.E."Chip" Vincent, Ad min istrator Andrew Miller Camwest 9720 NE 120th Street Kirkland, WA 98034 Subject: Notice of Complete Application Claremont Phase 2 i-inai Flat, LUA13-000836, EP Dear Mr. Miller: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your 'application. Please contact me at (425) 430-7299 if you have any questions. Sincerely, Kayne i"rick Project Manager cc: Toll WA LP - Aaron Kopet / Owner(s) Renton City Hall - 1055 South Grady Way - Renton,Washington 98057 . rentonwa.gov J4V S56,n M City of Renton LAND USE PERMIT MASTER APPLICATIO PROPERTY OWNER(S) NAME: Toll WA LP ADDRESS: 9720 NE 120th Place CITY: Kirkland, WA ZIP: 98034 TELEPHONE NUMBER: (425) 825-1955 APPLICANT (if other than owner) NAME: SAME COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: j. Andrew Miller COMPANY (if applicable): Sante as above ADDRESS: CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: (425) 825-1955 x147 amiller@camwest.com CRY of Renton i'ir7nr�ir� } C)ivision AA ? 6 1013 PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Claremont — Phase 2 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Adjacent and abutting the final plat of Claremont at Renton (recording #20130326001107) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102305-9390 102305-9023 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): Single -Family Residential Subdivision EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential — Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA EXISTING ZONING: R-4 PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): Phase 2 area is 794,545 sf SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 62, 864 sf SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) N/A NUMBER OF PROPOSED LOTS (if applicable) Phase 2 — 53 lots NUMBER OF NEW DWELLING UNITS (if applicable): Phase 2 — 53 du J:1Pro_jects Activ6079-3270 Cast Renton'Tinal Plat and HOA DocumentsTinal Plat - Phase 21Laiid Use Permit Master Application form 2013-05-01 docx - 1 - PRwJECT INFORMATI NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN flf applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA Is] k1[ rq0117 I . FM PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included SITUATE IN THE NE QUARTER OF SECTION 10, TOWNSHIP 23, RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Eric Campbell, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) _X_ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. 1 6/12/13 Signat r�of Qw' tr er/Representative Date Signature of Owner/Representative Date Division President, Tall WA LP STATE OF WASHINGTON } } SS COUNTY OF KING } certify that I know or have satisfactory evidence that EP -k'— C44M PBF_L-L signed this instrument and acknowledge it to be his/her/their free and vo nta act for the uses and purpose mentioned in the instrument. -1 uyle_ Notary Public in and for the State of Washington Dated GIGI BLANCHETTE NOTARY PUBLIC f_ STATE OF WASHINGTON Notary (Print):(:� -_'I 1G CONlMiSSIdN EXPIRES OCTOBER 15 7916 !1I. My appointment expires: 10 1(5- 11(' - - 1:IProjects Active',.079-3270 Fast Renton\Final Plat and HOA DocumentslFinal Plat - Phase 21Land Use Permit Master Application form 2013-05-01.docx - 2 - TITLE ?# RESOURCES SECOND Subdivision Guarantee GUARANTY COMPANY Issued By Title Resources Guaranty Company File No.: 40099975-800-T35 Guarantee No.: 40091975-1-E EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOTS "A" AND "B" of KING COUNTY BOUNDARY LINE ADJUSTMENT no. L041L0055, as recorded under recording no, 20041223900001, records of King county AUDITOR; except the plat of Claremont at renton, as per plat recorded in volume 262 of plats, pages 25 through 29, records of king county auditor, and also recorded under king county recording number 20130326001107; SITUATE in the CITY OF Renton, County of King, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 i �• ;> PLANNING DIVISION VER OF SUBMITTAL REQUIREMENTS « FOR LAND USE APPLICATIONS http llrentonwa.govfuploadedFiles/BusinessIPBPWIDEVSERV/FORMS_PLANNING/waiverofsubmittaIregs 06109 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LANG IJ�E PEFi14fM1T 5liBMIITTAL WANED MODIF€ ED" ;:'COMMENTS. [IirQUIRi=RtS, I31.'. BY,:'. Plat Name Reservation 4 Pre�ppl�catla�i Meeting urr'fm�rya I '.. � :' Public Works Approval Lettere ehabilitatibh Plan Screening Detail 4 Sits RIan: ArioA Stream or Lake Study, Standard 4 j t a;1� Stream ar Like Study St p tein ntal Stream or Lake Mitigation Plan 4 Street IPr Ole ... : Title Report or Plat Certificate 4 7 opography:t 10, 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: C � i�C/`� �"/ C-0 DATE: http://rertonwa.gov/uploadedFiles/Business/PBPWIDEVSERVIFORMS_PLANNING/waiverofsubmittairegs 06109 Claremont at Renton — Phase II (formerly known as East Renton and Rosemonte Plats) Environmental Checklist There have been no changes in the project since the sEPA and Final Plat for Phase 1 were submitted and approved by the City of Renton. Phase II represents the final phase of the project. City of Keaton Pl-,�nnina, Division UN `i 6 Conformance with Minor Amendment Approval Issued by the City of Renee for .ei? t)to Claremont at Renton, Phase II °n (formerly the East Renton and Rosemonte Preliminary Plats) X11' 1�i1? 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110. The East Renton preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first recorded phase being the easterly portion of the site, with full drainage improvements, utility improvements and street improvements necessary for providing full utility and access to the lots in the first phase. The second phase would be the remaining westerly portion of the combined preliminary plat would then include completion of the remaining drainage, utility and street improvements for the project. Re�nse: The minor amendment approval was requested in order to allow the plat to be phased. This final plat is for the second phase of the project, being the westerly portion of the site. Full drainage improvements, utility improvements and street improvements necessary for providing full utility and access to the lots in the second phase will have been installed or will be bonded prior to issuance of the Final Plat, 2. The plat shall comply with the King County base density (and minimum density) requirements of the King County R-4 zone classification. All lots shall meet the minimum dimensional requirements of the King County R-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the Discretion of the City of Renton Community & Economic Development Department. Response: The plat complies with the King County base density requirements of the R-4 zone classification and includes the some number of lots as were shown on the preliminary plat which was approved by the King County Hearing Examiner prior to annexation of the property to the City of Renton. A minimum of 50% of the future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. Response: Acknowledged. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. Response: Acknowledged. Claremont at Renton, Phase II Page 1 3. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. Response: Acknowledged. The road and storm drainage plans have been designed in accordance with the King County Road Standards and received City approval. The project has been constructed based on the approved plans. 4. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Rem: The engineering plans were reviewed and approved by the Renton Fire Department. 5. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes as listed in the 1998 KCSWM shall be shown on the engineering plans. c, The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with the plans on file." d. Storm water facilities shall be designed using the KCRTS level one flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. The size of the proposed drainage tracts may have to increase to accommodate the required detention volumes and water quality facilities. All runoff control facilities shall be located in a separate tract and dedicated to the City of Renton unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. e. The applicant has received approval for two drainage adjustment applications regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions are contained within file numbers L02V0089 and L04V0103. During final review of the engineering plans, all applicable conditions of the adjustment approvals shall be satisfied. As stated in the drainage adjustment decision, the offsite drainage pond shall be designed using the Level 1 flow control standard. Basic water quality standards are also required for design of the facility. If a wet pond facility is provided for water quality, the design shall comply with the 3:1 flow length ratio as outlined on page 6-72 in the drainage manual. For evaluation of the onsite storm vault and the offsite detention pond, a soils report shall be prepared by a geotechnical engineer to evaluate the soils and groundwater conditions. Claremont at Renton, Phase II Page 2 g. For any proposed bypass of storm water from the flow control facility, the final drainage designs shall comply with applicable design requirements in the drainage manual as outlined on pages 1-36 and 3-52. h. As required by Special Requirement No. 2 in the drainage manual, the 100 -year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. Response: The engineering plans were designed consistent with the King County Drainage Manual and have been approved by City of Renton staff. The storm drainage note required in Condition 5c is shown on the final plat. 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. With the relocation of the entry road onto 148th Avenue SE, the sight distance is now acceptable without a variance, and can be constructed as shown on the approved construction plan s for the project. b. 148th Avenue SE shall be improved along the frontage as an urban collector arterial in accordance with KCRS 2.02, the curb location shall be designed at 22 -feet from the road crown to provide full width travel lanes and a bike lane. c. The proposed loop road within the subdivision (SE 118th St.) shall be improved as an urban neighborhood collector street. d. Any private access tracts shall be improved as a private joint use driveway serving a maximum of two lots. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01C, improvements shall include an 18 foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. e. Street trees shall be included in the design of all road improvements and shall comply with Section 5.03 of the KCRS. f. Street illumination shall be provided along the plat frontage and at intersections with arterials in accordance with KCRS 5.05. g. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, full width pavement overlay is required where widening existing asphalt, unless otherwise approved by King County. h. 148th Ave SE is classified as an arterial street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine specific requirements. i. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. Response: The project has been designed in accordance with the above requirements. A street tree plan for Phase 11 shall be submitted as a deferral item (see notes under #22 below). Illumination was provided along the plat frontage as part of the Phase 1 construction. Though not required, street lighting internal to the plat has been installed at key locations within the community for Phase 1 and planned for key locations for Phase 11. 7. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. Claremont at Renton, Phase I1 Page 3 Response: Acknowledged. 8. The plat plan for the original Rosemonte preliminary plat shows a retaining wall associated with 145tH Ave SE which extends into the BSBL for the wetland buffer. During engineering review for East Renton, a revised road alignment and grading plan shall be provided which demonstrates that road construction within the project will comply with applicable sensitive area codes. The revised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat. Alternatively, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSBL to achieve code compliance. Response: This area was modified during engineering review and approval for the project. The area was re -graded and a rockery ranging from two to four feet in height was designed to be located entirely within an open space tract (Tract D) rather than within a sensitive area tract. 9. There shall be no direct vehicular access to or from 148th Ave SE from those lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. Response: Note 5 under the Conditions, Covenants and Restrictions on Sheet 2 of the final plat prohibits direct access from Nile Avenue NE (formerly 148th Avenue SF) to those lots that abut it. 10. The applicant shall provide a safe walking access to Apollo Elementary School with urban improvements along the west side of 1481h Ave NE to the existing crosswalk on the north side of SE 117th St. This improvement includes urban frontage improvements along property frontage of the Plat of East Renton, north of SE 119th Street, as well as urban improvements along frontage of Rosemonte and urban improvements north to the existing crosswalk on the north side of SE 117th St. In the event it is not practical to construct urban improvements on the west side of 148tH Avenue Southeast extending to the existing crosswalk, a new crosswalk may be established south of Southeast 117th Street and a safe walkway provided on the east side of 148t1i Avenue Southeast from the new crosswalk to the north side of Southeast 117th Street. This alternative may use a graded surface on the east side of 148th Ave SE to ensure that school-age pedestrians are provided an acceptable -width walkway surface behind the curbing. Response: This was addressed during the engineering plan review and approval phase of the project. Full improvements have been constructed where the project abuts Nile Avenue NE and a crosswalk has been striped at the intersection of 117th and Nile. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (z) pay the mitigation or impact fee at the time of building permit issuance. if the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: Traffic impact fees will be paid at the time of building permit application. Claremont at Renton, Phase 11 Page 4 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. Response: In accordance with this condition of approval, 50% of the school impact fee will be paid prior to final plat recording and 50% will be paid prior to building permit issuance. 13. Wetlands - Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from Renton Municipal Code 4-7-110 shall also be addressed by the applicant. a. The Class 2 wetland shall have a minimum 50 -foot buffer of undisturbed vegetation as measured from the wetland edge. b. Sensitive area tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. c. Buffer width averaging may be allowed by King County if it will provide additional protection to the wetland/stream or enhance their functions, as long as the total area contained in the buffer on the development proposal site does not decrease. In no area shall the buffer be less than 65 percent of the required minimum distance. To ensure such functions are enhanced a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during engineering review. d. A 15 -foot BSBL shall be established from the edge of buffer and/or the sensitive areas Tract(s) and shown on all affected lots. e. To ensure long term protection of the Sensitive Areas a split -railed fence of no more than 4 feet in height shall be installed along the Sensitive Area Tract boundaries in the area of proposed lots. Sensitive Area signs shall be attached to the fence at no less than 100 foot intervals. f. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to the City of Renton Development Services Division satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five- year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. h. During engineering plan review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post -construction. i. Detention out -fall structures may be permitted within the wetland/stream buffers; however, structures shall be located in the outer edge of the buffer, if possible. All buffer impacts shall be mitigated. Claremont at Renton, Phase II Page 5 Response, Buffer width averaging is shown on the approved engineering plans with the minimum buffer width in conformance with King County codes. The Phase 11 final work includes placing the Class 2 wetland within a sensitive area tract and the resultant 15' BSBL is indicated on the affected lots. A split rail fence will be constructed along the sensitive area tract boundary. Wetland hydrology issues were addressed during the engineering plan review and approval phase of the project. A wetland relitigation plan has been prepared in conformance with K.C.C. 21A.24. The mitigation plan was reviewed by King County and by the City of Renton and was formally approved by the City of Renton via letter dated May 15, 2013. A wetland Deferral Permit was obtained in March, 2013 for this wetland work. 14. Development authorized by this approval may require other state and/or federal permits or approvals. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site. Response: Acknowledged. 15. During the review of the construction plans for the preliminary plat, the City of Renton Planning Division will be consulted to verify compliance of the critical area conditions associated with this plat. Response: Acknowledged. 16. The applicant shall delineate all on-site geological hazards on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-050J. The delineation of such areas shall be reviewed and approved by Development Services staff. The requirements found in RMC 4-3-050J and the 1998 KCSWM shall be met, including seasonal restrictions on clearings and grading activities. Response: This was addressed during the engineering plan review and approval phase of the project. 17. Geotechnical — The geotechnical work for this project shall be accomplished in accordance with recommendations presented in the geotechnical engineering report dated April 23, 2003, by Associated Earth Sciences, Inc. This condition only applies to the northern portion of the project, specifically proposed Lots 11-27, Lots 83-91 and Tract 1. a. Structural fill placement shall he continuously monitored and approved in writing by the project geotechnical engineer or engineering geologist_ b. After excavation and prior to structural fill or foundation placement, all bearing soils shall be inspected and approved in writing by an experienced geotechnical engineer or engineering geologist. c. Structural fill placed for improved areas such as pavements or floor slabs shall be compacted to at least 95 percent of the maximum dry density by ASTM test designation D-1557 (Modified Proctor) or as recommended by the project geotechnical engineer or engineering geologist. d. All pile foundation installations shall be continuously monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approve plan and the geotechnical report. Compliance and approval of the pile foundation installation shall be documented in a report to the City of Renton site or building inspector. Claremont at Renton, Phase 11 Page 6 e. The location and height of any proposed rockeries or retaining walls shall be shown on the engineering plans. f. Any created fill slope that is 40 percent or steeper and 10 feet or greater in vertical height shall be subject to a 50 -foot wide buffer plus a 15 -foot wide setback area from its top, toe and sides. This buffer may be reduced to 10 feet with a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist. g. The applicant shall delineate all on-site high erosion hazards as defined by RMC 4-3-050.J.1.c on the final engineering plans. The requirements found in RMC 4-3-050J, including seasonal restrictions on clearing and grading activities. Response: The structural fill placement in the areas described above has been completed as part of Phase 1 and was monitored and approved by the geotechnical engineer for the project. Bearing soils were inspected and unsatisfactory material was removed prior to the placement of fill. Structural fill within these areas was compacted toot least 95 percent. No homes within Phase 1 are within the area of proposed lots 11-27 and 83-91 as these lots are numbered on the preliminary plat. If pile foundations are used within the Phase ll area they will be monitored by a registered geotechnical engineer or a licensed engineering geologist for compliance with an approved plan and the geotechnical report. Compliance and approval of the pile foundation installation will be documented in a report to the City of Renton site or building inspector. 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical area and buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the tract/critical area and buffer. The vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by law. The common boundary between the tract/critical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction or other development activity on a lot subject to the critical area tract/critical area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15 foot building setback line, unless otherwise provided by law. Response: The critical area tract and these notes are included on the final plat drawings for Phase ll, page 2. Claremont at Renton, Phase If Page 7 19. The plat design shall be revised to provide the minimum suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A.14.190 (i.e., minimum area, as well as, sport court[s], children's play equipment, picnic table [s], benches, etc.), as shown on hearing exh. no. 26. In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant opts to provide suitable recreation space on-site, then the following conditions must be met. a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. c. Modify the plat, as needed to comply with KCC 21A.14.180.F, as shown in hearing exh. No. 26 for the plat of East Renton (DDES File No. L02 P0005) Response: Two parks are proposed within the community and recreational facilities will be provided in both parks. However, the recreation space is less than what is required in KCC 21A.14 but greater than required by the City of Renton. As a result, we will pay the City parks mitigation fee, if required. 20. Tract E shall be designated for recreational area, with an approved trail (across wetland buffers) extending from the recreational Tract G and functioning as an extension of recreation from Tract G. Plans for the tract — designation and design, shall comply with codes and shall be to the satisfaction of City of Renton Development Services Division prior to construction commencing within the Phase II area. Response: The trail was a portion of the open space area suggested by the Applicant. However, upon development of the approved landscape and wetland buffer mitigation plans approved by the City, the trail was removed. As discussed under #19 above, though the project provides more open space and recreation space than required by the City, it no longer meets the open space requirement of the County. in lieu of meeting the County open space requirements, the project has been paying the City parks mitigation fees with each building permit. 21. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tract, open space and/or sensitive area tracts. Response: A homeowner's association has been established for the project and OCRs for the plat were previously approved and recorded by the City. Final plat Tracts C, D, F, G, H, and K are to be owned by the HOA and the HOA is also responsible for maintenance (see Owner's Declaration on Sheet 1). 22. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Claremont at Renton, Phase II Page 8 b, Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 148`" Ave SE is on a bus route. If 148`" Ave SE is a bus route, the street tree plan shall also be reviewed by Metro. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee may also be required prior to plat recording_ The inspection fee is subject to change based on the current city fees at time of final plat recording. Response: A street tree plan was approved by the City. Street trees along Nile Avenue were planted during the Phase 1 work. This particular project does not include a planting strip within the right-of-way of the internal streets so street trees must be planted on the lots. Note 4 under the CCRs section states that street trees are to be owned and maintained by the abutting lot owners. Because the street trees are not in the right-of-way, they will be installed as part of the residential construction process: accordingly, we will be requesting a deferral on the Phase 11 street trees. 23. The engineering plans for this project shall identify the location of any wells on the site and provide notes which address the requirements for the contractor to abandon the well(s) pursuant to requirements outlined in the Washington Administrative Code (WAC 173-160). Response: One well was found on the property and it was abandoned in accordance with WAC 173-160, 24. SEPA —The two conditions for participation in signalized intersection improvements in the vicinity, and for acceptable stopping sight distance verification have been satisfied prior to granting of this minor plat amendment. Claremont at Benton, Phase 11 Page 9 Response: Acknowledged, 25. The recreation area will serve both phases of the proposed plat. Response: Two recreation tracts are proposed. One recreation tract will be located in each phase. 26. Wetland buffer averaging or additional buffer are required to compensate for reduction of wetland buffers adjacent to 145th Avenue southeast, as proposed in the vicinity of the north property line and to compensate for construction of the recreation tract trail through wetland buffer between Tracts E and G. Response: Wetland buffer averaging and additional buffer are shown adjacent to 145th Avenue SE (the street name as shown on the preliminary plat) on the wetland buffer plan previously submitted to the City of Renton. We currently have a Deferral in place for the wetland mitigation plan. Claremont at Renton, Phase 11 Page 10 DenisgLaw City Of.May,__ It 1' Department ofCommunity and Economic Developme"Uit , P�it:'lst()i� C.E."Chip"Vincent, Interim Administrator April 24, 2012 Bruce Knowlton Camwest Development, LLC 9720 NE 1201h Place, Suite 100FI,`'` Kirkland, WA 98034. RE: Minor Amendment Approval — East Renton and Rosernonte Preliminary Plats Nile Avenue NE and NE 8th Street King County File Numbers L02P00005 and L03P0018 Dear Mr. Knowlton: We have reviewed the approved East Renton and Rosemonte preliminary plats. The two . preliminary plats, for a combined 91 residential lots, are located on the west side of Nile Avenue NE in the vicinity of NE 8th Street and NE 9th Street. We have reviewed the .list of project conditions established by the King County Hearing Examiner prior to annexation of the properties to Renton, and are "approving revisions to the phrasing of the plat conditions to clarify Renton requirements for approval of the final plat. These requests andrevisions are approved as part of a minor amendment to the preliminary plat, as allowed by'Renton Municipal Code (RMC) 4-7-080M. The approved amended preliminary plat conditions are listed below. The approved revisions include clarification of required impact fees and a condition for compliance . with Renton'S Residential Desigri Standards. These two adjacent preliminary preliminary plats were approved separately. They were both requested by thesame applicant and the public hearings were heard before the King County. Hearing Examiner the same day. The plat conditions are nearly identical, with a recognition that the two projects would be built.as a phased project, with the southerly (East Renton) project going first, and the north (Rosemont) being built and recorded second: The applicant has requested merging the two plats, and altering the phasing to the easterly portion of the site being built and recorded first, and the second phase being the remaining westerly portion. We believe this is a logical approach, providing a better build out }clan for utilities, streets, and drainage for the project. This minor amendment for the original two approved preliminary plats grants approval to the applicant's request to merge the two projects into a single preliminary plat, with two phases for recording of the final plat. The combined plat conditions retain the same intent as the conditions on each of the initial preliminary plats, and the final recording date remains unchanged, since both preliminary plats.have the same approval date by the County. Renton City Hall . 1055 South Gradyway . Renton, Washington 98057 • rentonwa.gov Mr. Brine Knowlton Page 2 of 10 . April 24, 2012 Amended Conditions of A royal for the Past Renton and Rosemonte Prelfrftinary Plats The proposed subdivision of East.Renton Plat, as accepted,.by King County for complete appiication'on March' �7; 2006, aihd granted preliminary plat approval. by.the Kir.ig'County on April 5,2007; and'the proposed subdivision of. Rosemonte Plat, as. accepted by King County for complete application on March 31;2006, and granted preliminary'plat approval by the King County on April 5, 2007, are granted approval of minor amendments to he preliminary plats, subject, to-the.following conditions of final plat approvals: 1, ,Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8- 10. The East Re preliminary plat and Rosemonte plat may be combined as a single plat, with recording in two separate phases. The project can be phased with the first•.r.ecorded phase being the easterly portion of the site, with full drainage improvements; utility improvements, .: and street irhproyetrs.ertits necessary for providing full utility and access to the lots in the first phase. The.second phase would be the remaining wester.ly.portian of the combined preliminary plat, which would then include completion:of:the remaining drainage utility, and street smprovements for the project. . `2. The plat shall comply With the base density and minimum density requirements of the King . County R-4 lone classification. All lots shall meet the minimum dirnensiona.l requirements of the King Coun.tyR-4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, "except.that.rninor revisions to.the plat which do not result -in substa.ntia[,changes may be apprbVed at the discretion of the City of Renton Community & Economic Development:Department. 4 minimum. of 50X'of.the future houses within the platsholl substantially conform to the guidelines.Iisted in Rentor Municipal Code (RMC) 4-2-1.15 Residential Design.and Open -Space Requirements. The,City shalt'review and approve Modifications from strict ddherence:to the prescribed standards provided the.applicant derrhonstrafes design alternates meeting the -spirit ` and.int_ent'of the guidelines. Any plat boundary discrepancy -shall be resolved to the satisfactionof the City of Renton Community&•Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, iines.of pdssession, or a ' co:nfli.ct of title.. 3. All construction and- upgrading of public and private roads shall be done in accordance with the King County.Road Standards.established and adopted,byOrd, nance No. 11i87, as,amended (1993 KCRS), or as otherwise. modified by agreement between the City of Renton Development Services Division a,nd the applicant per -RMC 4-9-250D. 4,. The applicant must obtain the approval of the'Renton Fire Department for the adequacy of -5-070. the fire hydrant, water main, and fire flow standards of. RMC 4 Mr. Bruce Knowlton Page 3 of 10 April 24, 2012 5.. 'Final plat approval shall requirefull compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/oriocation of.lots as shown on the preliminary approved plat, Preliminary: review has. identified the following; conditio'ns.of approval, which represent portions of.thedrainage.requirerrients.. All other applicable requirements in KCC 9.04.and the Surface Water. Design. Manual (SWDM) must also be. satisfied during engineering.and final review. a,. Drainage plans and analysis shall comply with the 1998 King County. Surface.Water Design Manual. City of Renton Delielopment ServicesDivision approval ofth.e drainage and roadway plans is required prior to any construction: b. Standard. -plan notes as fisted in the 1998 KCSWM shall be shown`on the engineering .plans. c: Thefollowing note: shall'he shown.on the final recorded plat: "Ali building downspouts, footing drains, and drains from all impervioussurfaces such os_patios and driveways shall be connected to the permanent storm drain?.. outlet as shown on the. approved construction drawings # on file with the City of Renton. This plan shall be submitted with the application of any,building permit. All connections of the drains must be.constructed and.. approved prior to the final building inspection approval. For those lots that: are- designated for individual lot infiltr-ation•systems; the systems shall be construeted at the time of.the ,building permit and shoil comply with the planVon file.". d. Storm water facilities: shall be designe& using the-KCRTS level one flow control: standard. Water quality facilities;shall also he provided using the Basic water quality protection menu. The size'of.the proposed drainage tracts may have to increase to accommodate therequired'deterition volumes and water'quality facilities. All runoff control facilitii s.shall be located in a separate.tract and dedicated,to the City of Renton unless portions.ofthe drainage,traet are used for recreation space in accordance with. KCC.21A.14:180 e, :,The applicant has received approval fortwo drai.nage adjustment applicatiorns . regarding designs for the discharge of storm water and a shared facility detention pond. The adjustment decisions contained within file numbers L02VO089 and 1-04V01.03. During final review of the engineering plans; all applicable conditions of the adjustrnentapprovals shall :be satisfied . f..: As stated in the drainage adjust' ent-decision, the offsite drainage pond shall be designed using .the ,6evel 1 flawcontrol standard.. Basic water: qualitystandards are , also required for design of the facility.. 'if a. wet pond facility is provided for water quality, the design shaWcomply with the 3:1 flow length ratio as outlined on page 6- :72in.the drainage manual. For evaluation of the onsite storrri.vault and the offsite : detention bond,'a soils report shall be prepared by.a geotechnical engineerta evaluate the soils and: groundwater conditions. g. For any proposed bypass of storm w,ater'from the' flow control'facility, the final .drainage designs shall comply�with applicable design requirements in the drainage manual as outlined on pages 1-36 and, 3 52:. Mr_ Bruce Knowlton Page 4 of,10 April 24, 2012 h. As required bySpecidl Requirement No..2 in the drainage manual, the 100 -year: floodplain boundaries for the onsite wetlands shall be shown on the.final ' engineering plans and recorded plat: 6. The proposed subdivision' shall comply with the 1993 King County Road Standards (KCRS) including .the following requirements: a_ With the relocation of the entry road onto 1481" Avenue SE; the sight distance i's now acceptable withbut.a.varian.ce,.and 'can be constructed as shown on approved construction plans,forthe project. b. 148tH Avenue SE shall be improved along the• frontage as an urban collector arterial; In accordance with KCRS2.02,;the curb location shall be.designed at 22 -feet from , the,road.,crown, to provide full width travel' lanes and a.bike lane. c.: The proposed loop road within the subdivision {5E 118th:St.j snail be improved as an urban neighborhood collectoratreet. d. Any private access tracts small be. improved as a.private joint use drivi Way serving a' maximum oftwo.lots..Jhe serving lots.shall have undivided ownership of the tract and be responsible for its mairiteriahce; As specified in KC.R5.3:01C, improvements shall include an 18 -foot pavedsurface and a minimum tract width of 20 feet: Drainage -control shall'include a curb or thickened edge,on one side. e. Street trees shall be included .in the design of all road improvements and shall comply with.Section 5.01of the KCRS: f. . Street illumination shall be provided along the plat frontage.and at intersections with arterials in accordance with\KCRS 5•05.' g.` The proposed road improverrients shall address the requirements fo.r road surfacing outlined in'KCRS Chapter 4. As noted in section 4;OIF; full width.pavementoverlay is required where widening existing asphalt, unless otherwise approved by King Co u nty. h. . 148th Ave SE. is classified as anarterial street which (nayrequire. de'siigns for bus zones and turnouts: As specified in KCRS-2.161 the designer shall contact Metro and the localachool district to determine specific requirements. i. Street modifications may-be.approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4 9- 250D. T. All franchise utilities within proposed rights-of-way must be built a'nd approved per RMC 4-2= 200D and 4=7-200E'prior to final plat recording: 8. The plat plan fo,r,the original Rosemonte preliminary plat shows a retaining wail associated with 145th Ave SE which extends i.nto.the BSSLfor the wetlarid buffer. Duri.ng engineering review for East Renton, a revisedroad alignment and'grading plan shall be provided which .derrionstrates'that road construction within the project will comply with.applicable sensitive , ..area codes. Therevised road design and grading plan may result in modification or loss of lots as shown on the preliminary plat: Alternatively, the applicant may seek approval to use buffer averaging as a means to revise the location of the buffer and BSLB to achieve code compliance. Mr, Bruce Knowlton Page5of10 April 24, 2012 9. There shall be no direet vehicular aQcess to or from 148t" AveISE.from those.lots which abut it. A note to this effect shall appear on the engineering plans and the final plat. 10. The applicant shall provide a We walking access to Apollo .Elerrrentary School, with urban improvements along the west side of•148th Ave NE to the existing crosswalk on,the north side of . -SE 11.7 1h St. Thisimprove tient includes urban frontage improvements along property frontage of the. Plat of East Renton, north of SE 7.1.9t" Street, as wellas urban Improvements along the frontage of.Ros6nonte and urban improvements.nor.th to the existing crosswalk on the north side of SE 117t" St. In the event it is not practical to construct urba.n,improvements on the west side of 148t" Avenue Southeastextending to the existing crosswalk, a new crosswalk may be established south of Southeast 117th Street and a safe ,walkway provided on the east side of 1481,.. Avenue' Southeast from the new crosswalk to the north side of Southeast 1171h -Street., This alternative may use a graded surface on the eastside of 148'" Ave,SE to ensure that school- age pedestrians are provided an acceptable -width walkway surface behindthe,curbing. 11. 'The applicant or subsequent owner shall.corriply with;the.applicable City.of Renton traffic mitigation fee schedule -or applicable impact fee schedule in. place at time of fee payment., The applicant:has-the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording,.or (2) pay the mitigation or impact;fee at the time of building permit issuance. if the first option is chosen,. the f' paid shall be the.fee in effect at the time of final 'plat application anfd a=note shall be place on the -face of`the platthat reads, "All traffic mitigation or impact fees required by Renton Municipal Code Save. been paid." If the second option:.is chosen, the fee paid, shall be the amount in effect as of the date of building permit application. .12. Lots within this subdivision are subject to Renton. Municipal Code 4.1-160, which imposes impact fees to fund School systern,irnprovernents needed to servenew development. As a conditionoffinal appraval,fifty percent (50/):of.the imp4ctfees dueforthe•platShall be assessed 2nd collected immediately prior: to the`recording- using the fee schedules in effect when the'plat receives final approval'. The balance of the assessed fee shall be allocated evenly . tothe dwelling units .in the plat.and_shall be,col.lected prior to the building. permit issuance: _ 13. Wetlands - Preliminary Plat review has identified the following; specific :requirements wvhith apply to this project. All other. applicable ,i-equireinents from Renton Municipal Code.4-7-110 shall also be addressed by the applicant: a. The Class 2,wetland shall have a minimum '50 -foot buffer of undisturbed vegetation as measured from: the wetland -edge: b. Sensitive areatract(s) shall.be used to delineate and protect sensitive areas and buffersin development proposals for subdivisions and shall be recorded on.all" documents of title of record for all affected lots: ' c. Buffer width averaging may be allowed by King County, if it will provide additional protection to the wetland/stream or enhance their functions., as long as the total area contained in the buffer on -the develdp ent proposal site does not decrease.,. In no area shall the buffer be less than sixty-fiv.e percent (65%) ofthe required Mr. Bruce Knowlton Page 6 of 14 . April 24, 2012 minimum distance. To ensure such functions are enhanced, a mitigation plan will be required forthe remaining on-site sensitive areas. An enhancement plan shall be submitted for'review-during engineering review: d:. A 15-foot.BSBL shall be established from the edge of buffer and/or the sensitive, . areas tract(s).and shown on all affected lots: e, To ensure long term protection of -the Sensitive Areas, a split -railed fence of no. more than four feet (4') in Height shall be installed along the Sensitive Area Tract boundaries in the area.of proposed lots.' Sensitive Area.signs shall be attached.`to the fence at no less than 100 -foot intervals. J. if alterations of streams and/Qr wetlands are approved in conformance with: K.C.C.- . 21A.24, then a detailed plan to `mitigate for impacts from that alteratiori will be, required to -be reviewed and approved along with. the plat engineering plans. A performance bond cy other financial guarantee will be.required-at the time of plan approval to guarantee that the mitigation measures,are installed according to the, plan._ Once the mitigation work is -completed to the City, of. Renton Development Services Division satisfaction,,the performance: bond may be -replaced by a maintenance bond for the remainder of the.five,-year monitoring period to guarantee the success of the mitigation. The applicant shall be.responsible forthe instillation, maintenance, and monitoring of arny.approved mitigation. The mitigation plan must be installed prior to final inspection.bfth.e plat: g..'Prior.to commencing construction activities on the site,. the applicant shall . tempoyrarily mark sensitive areas tract(§) in a highly visible manner, and these areas must remain so marked until all developmentproposal activities in the vicinity of the sensitive areas are completed... , h. During engineering plan review, the applicant. shall provide a.wetland hydrology analysis to demonstrate how the wetland hydrology V,rill be,maintained post construction.' i; Detention out -fall structures may be permitted within the wetland/stream buffers; however, structure's shall.,be located in the outer edge of the buffer, if p'ossiple. All buffer impacts shall be mitigated. 14. Development. authorized by:this approval may require other state and/orfederal permits or approvals.- itis the applicant's responsibility to correspond_with-these agencies prior to beginning.work on the site_ 15. Miring the review of the. construction plans for the, prelimina.ry:plat, the'C'ity of Renton., Planning Division will be consulted to verify compliance of the critical area conditions associated with this plat.. .16, The applicant shall: delineate all on site geological hazards.on the final engineering plans as defined by Renton Municipal Code (RMC) 4-3-050J. The delineation of such areas shall'be reviewed and approved by Development Services staff,. The requirements found in.RMC.4-3- 050J and the 1998 KCSINM shall. be met, including seasonal restrictions on.clearings and grading . activities. Mr, BPuce Knowlton Page 7_ of 10 April 24, 2012 17. Geotechnical -The geotechnical work for this project shall he accm oplished in accordance with recommendations presented in the geotechnical engineeringreport dated April 23, 2003, by. Associated Earth Sciences, inc. This condition orily.appiies to the northern portion of.the project, specifitallypropdsed Lots 1.1 — 27, Cots 83 -91 and Tract 1, a. Structural fill placement shalkbe continuously-monitored-arid approved in writing by. the project geotechnical engineer or engineering geologist: b, 'After excavation and priorto structural fill or foundation.plaeement,,alI bearing soils shall be inspected and approved in,writing by an experienced geotechnical engineer or engineering geglogist. •„ c. Structural fill placed.for improved areas such as pavements or floorslabs shall be compatted to at least 95. percent of.the maximum dry density by ASTM test .` desighation D-15.57, (IVlod"ified Proctor) or as recorimme.nded by the project geotechnical engineer or engineering geologist: , d. All pile foundation installations shall b.e coritin.uously monitored by'a registered geotechnical engineer or a licensed engineering geologist for compliance with an approve plan and tiie geotechnieal:report. Compliance and approval of the pile foundation installationshali be documented in a report -to,the City_of Renton 'site or" building inspector. e. The location and height of any proposed rockeries or retaining wails shall be shown an the. engineering plans. f. Any created fill.siope that. is 40 percent or stee"per and 10 feet or greater in vertical height-shall be subject to a 50-foot wide buffer plus a 1546ot wide setback area from its'top, toe, and sides. This buffer may be. reduced to 10 feetwith a satisfactory evaluation by a registered geotechnical engineer or licensed engineering geologist: g. The applicarit shall:delineate all on-site high erosion hazards as defined by RMC.4-.3- o5o.1,1>c on the final engineering plans. The requirements are found in RMC 473- 050); including seasonal restrictions on clearing and, grading activities. 18. Thefollowing note shall. be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA.TRACTS AND CRITICAL AR>=A5-AND BUFFERS Dedication of a critical area troa lcriticdl area and buffer conveys to the public a ber eficial interest in`the,lond within the tract/critical area and buffer. This interest includes_ the preservation of native vegetation for al1 purposes that benefit the public health, safety and welfare, includingcontrol of surface water and erasion, maintenance of slope stability, and protection of plant and animal habitat, The criticol area tract/critical area and buffer imposes upon all. present acid future owners and occupiers of:the kind subject to the troctfceitical areadgnd•buffe.r the ,o6lrgation, enforceable on behalf of the public bythe.City of.Renton, to leave undisturbed all trees and other vegetation within. the tract/criticaf area and buffer. The. vegetation within the tract/criti�ol area and buffer maynot be cut, pruned, covered by fill, removed or darno" ged without approval in writirig from the City of Renton Community &economic, Development Department or its successor agency,,. unless .otherw.ise provided by Jaw: �r Mr. Bruce Knowlton . . Page 8 of. 10 . April 24,-2012 The common boundary between the tract/critical area and buffer -and the area of.development activity must be marked or otherwise flagged to the satisfdction of the City of Renton Community & Economic Development Department prior to IaRy clearing, grading," buifding construction, or other development activity nn a. lot subject to the. critical area tract/critical area and buffer. The required marking or flagging silo!! remain in place`until all development proposal activities in the vicinity of:the sensitive: area ore . completed; . No building foundations are allowed.beyond the required 15 -foot building setbackline; unless otherwise provided byldw: 19.` The plat design shall be revised to provide the minimum Sultable recreation space consistent with the requirements of K.C.C. 21A_141180 and K.C.C. 21A.14.190 (i.e., minimum area; as well as sport court[s],`children's play equipment, p"icnic table[sl, benches, etc.), a5 shown on hearing exh. No. 26. 3n lieu of providingahese improvements, the applicant may, choose fo pay the Packs Mitigation or Impact fees prior to the final plat'recording, using the fee Schedules in effect when the plat receives final approval," If"the applicant opts to provide suitable recreation space onsite, then the following condiilo-ns"must be rtmet. . a. .A detailed recreationspace plan (i.e.,, locatio"n, area calculations; dimensions, landscape specs, equipment specs, etc.). shall be submitted for review and.approva.l by.ODES prior-to.or concurrent with -the submittal of engineering plats. L A"performance bbndfor recreation space improvements. shall be pasted prior to . recording of. the plat. c.. "Modify the plat, as needed, to comply with KCC 2iA.14.180 F. as shown in hearing exh. No. 26fo.r the Plat of East Renton (D"DES,F.ile No. i-02Pi7005); . 20r Tract E.shall be designated for recreational area, with an approved trail (across wetland. buffers) .Extending_from the`:recreational Tract G and functioning as an extension of recreation froom"Tract G.. Plans for the tract- designation and design! shall comply with codes and shall be t0 the satisfactioq of City of Renton Development Services Division prior to construction commencing within the.Phase 2 area. 21, .A homeowners'. association"or other workable organization shall be established; to the satisfaction-afthe.City of Ri'nton.Cflrnmunity_& Economic Development Department, which. provides for the ownership and continued maintenance 'of the recreation tract, open space and/or sensitive area tracts.. 22: 5treet'trees shall be provided. as follows ("per KCRS 5.03 a.nd K. C:C:.21A,16,050): a. Trees shall be planted at rate of ane tree for every 40 feet of frontage".alongoll roads. Spacing may be. modified to accomrnoda.te sight distance requirements for driveways and intersections. b. Trees shall be located withlb the street right of=irvay and,pfanted In accordance with Drawing.No. 5-009 of the 1991King County Road Standards, unless City of Renton Development Services Division determines;that trees -should not be located in the - street right=of-way. Mr. Bruce Knowlton page 9of10.. April 24, 2012 c. If City of Renton Development .Services Division determines that the rmquired.street trees should not be located `within .the right-of-way, they shall be ionated no more than.20 feet from the street right -of -way - line. d. The treesshall be -awned and maintained bytheabutting lot owners or the homeowners' association or other workable organization unless the city has " adopted a m0intenance.program...Ownership anal maintenance shall be noted on , the face of the final recorded plat. e. The species of trees shall,be approved by City of Renton Development Services Division if I.ocated.with in.the right-.o"f-way, and shaRnot inciude poplar, cottonwood, soft Maples, gu'm, any,fruit bearing trees,.or any other tree'or shrub whose roots,". are likely to obstruct sanitary or storm sewers; or that isnot compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond "quantity sheet for review and approval by City.of Renton Development Services"Divisidn prior to en.gi:neering plan, approval. g.. The'a.pplicantsinal I contact Metro Service Planning'at (206) 68471622 to determine if 148`h Ave SE is on' a bus route. 1f 148t' Ave SE is a bus route, th"e "street tree plan shall also be,reviewed by Metro. h. The street trees must be installed and inspected, or a'performance bond posted prior to recording of the.plat.. if a performance bond is posted', the street trees must be installed and inspected within one year of recording of the plat.. At the time'. of inspection; if the trees are found to be installed per the approved plan.,.a' . maintenance bond must be submitted or the performance bond replaced with.a maintenance bond, and. held for one year.. After one year; the maintenance bond maybe released after City of Renton Development Services:Division has completed 0 -second inspection and determined that the trees have been kept healthy and thriving: i. A landscape inspection fee may also be required prior to plat recording. The inspection fee, is subject to change "based on the current city.fees at time of final plat recording.. 23. The engineering plans for this project shall identify the location ofany wells on the site and provide notes which address the requirements for the contractdr to abandon.the.well{s} pursuant to requir.ements.outlined in'the. Washington Administrative Code (WAC 173-160.). 24. SEPA -The two conditions. far participation in signalized intersection improvements in the vicinity; and for-acteptab�e stopping sight -distance verification have been satisfied prior to granting of this minor plat.amendment. 25. The recreation area will.serve, both phases of the proposed plat. 26.''Wetland buffer averaging or additional buffer are required to.compensate.for reduction of wetland buffers adjacent. to 145`h Avenue southeast, as proposed in the vicinity of the north Mr. Sruce Knowlton Page 10 of 10 April 24, 2012 property line, and to compensate. far construction of the recreation tract trail through wetland buffer between Tracts E and G. This decision to approve the.minor amendment to the East Renton and Rosemonte Preliminary Plats is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the Renton City Clerk's office by 5:00 pm, May S, 2012. If you have further questions regarding requirements for this project, please contact Kayren Kittrick at 425-430-7299. Sincerely, Neil Watts, Director Development Services Division cc: Chip Vincent, Interim CED Administrator Kayren Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Arneta Henninger,.Nan Reviewer Denis LawClt of Mayor' �s t70 Department of Community and Economic Development May 15, 2013 C.E."Chip"Vincent,Adrninistrator W Renton Aaron Kopet Camwest N 1 6 ;7; 9720 NE 120th Place, Suite 100 Kirkland, WA 98034 Subject- Approval of Final Mitigation Plan and Remaining Steps for Proceeding East Renton/Rosemont Final Plat File No. LUA09-100 (11.02P0005) Dear Mr. Kopet: Mitigation Plan Approval; We have reviewed and approved the final wetland mitigation plan/monitoring proposal for East Renton/Rosemont Plat; received by the City on. May 3, 2013. Additionally, you have provided an installation surety in the amount of $23,077.00 in order to guarantee the installation of the mitigation project. Next Steps: Begin work on wetland mitigation installation consistent with the approved plan. Mitigation Installation and Approval: Once the mitigation project has been installed (plants, signage, fencing, etc.) pursuant to the approved plan, please have.your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan. As Built Plans for the Mitigation; Area: A copy of the as-briilt plans of the mitigation project shall be provided if any field changes are made. Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review .prior -to execution of the contract shall be provided. The draft contract language must ensure compliance with all performance standards of the approved Sewall Wetland Consulting, Inc. mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plaht malnterrance and re lacement as well. The Ian ua a in the contract must also guarantee that "structures improvements, and mit+ ation perform satisfactorily fora peri6d of 5 ears" e. . add provisions for lant replacement and weed removal referencia com fiance with the survival rates noted in the final approved wetland mitigation Man. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the Renton City Half 1055 South Grady Way • Renton, Washington 98057. rentonwa.gov R contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevomble set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. The performance surety device shall be provided prior to building permit approval. Monitoring and Maintenance Period Start Date. Once the mitigation project has been installed, please provide'me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation of the installation along with the maintenance and monitoring surety device it will constitute the beginning of the minimum 5 -year maintenance and monitoring period. Please send all mitigation -related information to my attention. Feel free to contact me at 425- 430-7219 if you have any questions regarding this letter, Sincerely, Roc le Timmons Senior Planner cc: File LUA09-100, PP, ECF I. IF Sof kTE S► OF AlY��, {3\f STAT�r e e btate of is+ Secretary Of State I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF EXISTENCEIAUTHORIZATION OF CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION I FURTHER CERTIFY that the records on file in this office show that the above named Non - Profit Corporation was formed under the laws of the State of WA and was issued a Certificate Of Incorporation in Washington on 711112012. I FURTHER CERTIFY that as of the date of this certificate, CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION remains active and has complied with the filing requirements of this office. V, -)f Renton ar,,n'q L'ivision Date: March S, 2013 UBI: 603-221-849 :1 Given under my hand and the Seal of the State —� of Washington at Olympia, the State Capital }}ri- r-. - Tz r ✓ j Yt 1' Kirn Wyman, Secretary of State fj 4t -0 srrATES off, .p� STAThe i§tatp of TS=vO � 04 a 'IPA' 7 N . r' A 1 .� � � . Secretary of state I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF :INCORPORATION to CLAIREMONT AT RENTON HOMEOWNERS ASSOCIATION a/an WA Non -Profit Corporation. Charter documents are effective on the date indicated below. Date: 7/11/2012 UBI Number: 603-221-549 Given under nny hand and the Seal of the State ?:r L� .� of Washington at Olympia, the State Capital -;» 1 i 1 —: �y '* Sam Reed, Secretary of State Page 1 of 1 STATE OF WASHINGTON SECRETARY OF STATE Washington Nonprofit Corporation See attached detailed instructions ❑ Standard Filing Fee $20.00 0 Filing Fee with Expedited Service $70.00 ARTICLES OF UBI Number 503-221-849 AMENDMENT Chapter 24.03 RCVV SECTION 1 NAME OF CORPORATION' (as currently recorded with the Office of the Secretary of State) Clairemont at Renton Homeowners Association SECTION 2 ARTICLES OF AMENDMENT WERE ADOPTED BY: (please check and complete one of the foflowing) O The amendment was adopted by a meeting of members held: (Date) A quorum was present at the meeting and the amendment received at least two-thirds of the votes which members present or represented by proxy were entitled to cast. ❑ The amendment was adopted by a consent in writing and signed by all members entitled to vote. ❑ There are no members that have voting rights. The amendment received a majority vote of the directors at a board meeting held: (Date) SECTION 3 AMENDMENTS TO ARTICLES ON FILE: (if necessary, attach additionaiinformation) See Attached. SECTION 4 EFFECTIVE DATE OF ARTICLES OF AMENDMENT: (please check one of the following) ❑ Upon filing by the Secretary of State ❑ Specific Date: Amendment have been filed (Specified effective date mast be within 30 days AFTER the Articles of the Office of the Secretary of State) -SECTION 5 SIGNATURE: (see instructions page) This document is hereby executed underpenalties of perjury, and is, to the best of my knowledge, true and correct. X Eric H. Campbell 425-825-1955 Signature Printed Name and Title Date Phone Nonprofit Corporation - Am:ndment Washingtorn Secretary of State Revised 07110 02 07.113 2'3.518—T - oc $77.00 K ' tid: 2474337 0 v u _ ,2 FILED SECRETARY OF STATE m FEBRUARY 7, 2013 STATE OF WASHINGTON UBI Number 503-221-849 AMENDMENT Chapter 24.03 RCVV SECTION 1 NAME OF CORPORATION' (as currently recorded with the Office of the Secretary of State) Clairemont at Renton Homeowners Association SECTION 2 ARTICLES OF AMENDMENT WERE ADOPTED BY: (please check and complete one of the foflowing) O The amendment was adopted by a meeting of members held: (Date) A quorum was present at the meeting and the amendment received at least two-thirds of the votes which members present or represented by proxy were entitled to cast. ❑ The amendment was adopted by a consent in writing and signed by all members entitled to vote. ❑ There are no members that have voting rights. The amendment received a majority vote of the directors at a board meeting held: (Date) SECTION 3 AMENDMENTS TO ARTICLES ON FILE: (if necessary, attach additionaiinformation) See Attached. SECTION 4 EFFECTIVE DATE OF ARTICLES OF AMENDMENT: (please check one of the following) ❑ Upon filing by the Secretary of State ❑ Specific Date: Amendment have been filed (Specified effective date mast be within 30 days AFTER the Articles of the Office of the Secretary of State) -SECTION 5 SIGNATURE: (see instructions page) This document is hereby executed underpenalties of perjury, and is, to the best of my knowledge, true and correct. X Eric H. Campbell 425-825-1955 Signature Printed Name and Title Date Phone Nonprofit Corporation - Am:ndment Washingtorn Secretary of State Revised 07110 AMENDMENT TO ARTICLES OF INCORPORATION OF CLAIREMONT AT RENTON HOMEOWNERS ASSOCIATION (TO CHANGE NAME) UBI Number 603221849 Pursuant to the provisions of Revised Code of Washington 24.03.170 of the Washington nonprofit Corporation Act, the Clairemont at Renton Homeowners Association, a Washington nonprofit corporation, approved and adopted the following Amendment to its Articles of Incorporation filed with the Washington State Secretary of State on July 11, 2012. FIRST: Article 1 of the Articles of Incorporation is amended to read as follows: ARTICLE 1. Name The name of this corporation is Claremont at Renton Homeowners Association. SECOND: The corporation has one member entitled to vote, Toll WA LP, a Washington limited partnership. The foregoing Amendment to the Articles of Incorporation was adopted by written consent of Toll WALP. THIRD: The date of adoption of said amendment was February 1, 2013. Said amendment shall be effective upon filing by the Secretary of State. Executed this 15t day of February, 2013. By: L r Eric H,�Cajnpbell, President Board of Directors Approved by: Toll WA LP, a Washington limited partnership By: Toll WA GP Corp, a Washington corporation Its: General Partner By: E' �, Ktampbell Its: Division President SCALE: V = o so loo )I _ ".' F1 anrj rqr r l_ BASIS OF BEARI ` .. - _, HORIZ. NAD 83/81 l , QTY GF RENTC:�1 GPS (O,NM 1147B4lFt[Y HpLL�iNG CI7Y� RENTON MMWFJVTS C.O.R. 7&S1fBA5E POINT) ANF GO.R. P'Y5: THE FIEW MEASW7L L71M FOR THI 7OPOCRrtT'H1C 5UF'W.Y {tu'r 05TAWE0 UTTIIZNG C?OBAL PG51730NJNG SYSTEM (GPS) SUIir�V 7FOX-MOUES USING LOCA SR 0500 EQUIPMENT: COORDINATES ASSOCJAW HIiH THIS ORAMO ARE PPOJEC7 COORDINAMS WCH MAY RE CG1YVeteRTEO TO S7 -ATF PL4PJF C-Rr COMDiNATESS BYSUBTRACTNG 700,000 METERS (328083, -TMS f V.4EN MUL77PLY1NG BY ?HF AVERA OF CMiG1NED FACTOR THE QED U5fNG� THE LOVA A 5K -R?O PROGRAM ER00V 20 PRIMARY. GONTROI- POINTS AND ACGESSIa E MONUMENT POS 70h YADE F7aD "ASUP.ED UT7UIING GLOBAL P0277ONINO SY97W (GFS) SURVEY TECMWES USING LDCA 5R 9500 EW74fENT MONUMENT PO5177ONS THAT .KWE' NOT DIRECTLY OBSERVED I/�Ta U7ILIZJNG LEICA ELECTRONIC TOTAL M IMS FOR TPE PG147:: MEASUREWNT OF BOTH AN LES AND DISTANOE'5, nJJS SURW'( MFF-TyS� a? EXCEEDS 714F STANOARDDS SET BY WAC =-130^aX UTILITY' PURVEYORS _. SANITARY SEMER, OTY a` rdNfav WATER: WA TER DISTRICT NG. 90 }7RE. L77'Y W RDOW DISTRICT 35 7ELEPH0JW-- OVEST POµ ' RuGET SOwD vjERGY NATURAL GAS: PUG -IT SOUND ENERGY CA8LE t.V: COMCAST SCHOOL,DT57RICT+ ISS1QUAH SCHOOL DIST7 CT 4U tor) Or LEGAL DESGRIPIM RED PARCEL ¢f LOT A OF WX COUNTY 6OUNDARY UNF ABJUSTMENT Na LD4L0D5B, PECORDED UNDO? REOORO1NOa NO, 200 4 72239 00 005, NG RECORDS 0- KING COUNTT; WASHWOrON. SITUATE IN 7HE 'HALL COUNTY OF KING, STA?r OF WA"O74N, PARCEL X LOT A OF TONG COUNTY BOUNDARY LINE ADJUSTMFNT Na roc'ORDED UNDER RECORUNJG Na 2004;2234000114 - LO4CCO55, RFCa4DS OF KING COUNTY, WASHINGTW. 07UATE IN THE COUNTY or VNa STATE OF WASHINGTON. P CE TA DATUM NAD 83%91 VERTICAL DATUM sE TO HAW B6 DENCWARK AND DATUM - C1TY OF RGGM SURWY taWROL NEWRK MONUMENT ro52 3BRASS SURFACE MONUMENT FOUND Ai THE ODRNFR OF NE 4TH SIREE7(S= 120 Ti ST.) TIQN AND 148TH AVE SL TILITY TBAI "A' SET RR SR1KE IN W. FAce OF woo FOST I.& ABOW GRADE 15- SOWN OF . SW COR OF PARCEL /7 ELr449.76 iTBM i7' TOP OF 4`X4' COW MONUMENT W12- PRASS DISC AND PUNCH AT PROPERTY CORNER 296E SOUTH AINAGE or srrE wrsr SIDE t487 -r Ate' S.E. IS AND FL. -b19.117 05PS SCALE: V = o so loo )I _ ".' F1 anrj rqr r l_ BASIS OF BEARI ` .. - _, HORIZ. NAD 83/81 l , QTY GF RENTC:�1 GPS (O,NM 1147B4lFt[Y HpLL�iNG CI7Y� RENTON MMWFJVTS C.O.R. 7&S1fBA5E POINT) ANF GO.R. P'Y5: THE FIEW MEASW7L L71M FOR THI 7OPOCRrtT'H1C 5UF'W.Y {tu'r 05TAWE0 UTTIIZNG C?OBAL PG51730NJNG SYSTEM (GPS) SUIir�V 7FOX-MOUES USING LOCA SR 0500 EQUIPMENT: COORDINATES ASSOCJAW HIiH THIS ORAMO ARE PPOJEC7 COORDINAMS WCH MAY RE CG1YVeteRTEO TO S7 -ATF PL4PJF C-Rr COMDiNATESS BYSUBTRACTNG 700,000 METERS (328083, -TMS f V.4EN MUL77PLY1NG BY ?HF AVERA OF CMiG1NED FACTOR THE QED U5fNG� THE LOVA A 5K -R?O PROGRAM ER00V 20 PRIMARY. GONTROI- POINTS AND ACGESSIa E MONUMENT POS 70h YADE F7aD "ASUP.ED UT7UIING GLOBAL P0277ONINO SY97W (GFS) SURVEY TECMWES USING LDCA 5R 9500 EW74fENT MONUMENT PO5177ONS THAT .KWE' NOT DIRECTLY OBSERVED I/�Ta U7ILIZJNG LEICA ELECTRONIC TOTAL M IMS FOR TPE PG147:: MEASUREWNT OF BOTH AN LES AND DISTANOE'5, nJJS SURW'( MFF-TyS� a? EXCEEDS 714F STANOARDDS SET BY WAC =-130^aX UTILITY' PURVEYORS _. SANITARY SEMER, OTY a` rdNfav WATER: WA TER DISTRICT NG. 90 }7RE. L77'Y W RDOW DISTRICT 35 7ELEPH0JW-- OVEST POµ ' RuGET SOwD vjERGY NATURAL GAS: PUG -IT SOUND ENERGY CA8LE t.V: COMCAST SCHOOL,DT57RICT+ ISS1QUAH SCHOOL DIST7 CT 4U tor) Or 0t Re r_�tc)I^F r i �I1fi 7i?1. 14450 N.E. 29th PI., #200 Bellevue, WA 98007 f. Phone: 425-646-3515 888-272-5773 WWW. C W T 1 T L E, N E T Fax: 425-646--3517 TITLE RESOURCES GUARANTY COMPANY 40091975-1-E Order No.: 40091975 THIRD Subdivision Guarantee Pace Page Liability: Charge: Tax: Total: Guarantee No.: 92647000028 $2,500.00 $ 250.00 $ 23.75 $ 273.75 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: March 27, 2013 at 8:00 a.m. ,4 s X11 Title Resources Guaranty Company .^ t ;;� Etecutiva Vice President /��uihGc¢s6., c Ci 14456 N.E. 291h PI., X200 Bellevue, WA 98007 Phone: 425-646-3515 888-272-5773 W W W. C W T I T L E N E T Fax: 425-646-3517 Guarantee Conditions and Stipulations (09-9208) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided_ (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company_ (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument_ (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date, 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice_ 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party; notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. It the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks; correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or TRGC Form No.: 2647 Subdivision Guarantee s. 10. 11. said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4_ determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise TRGC Form No.: 2647 Subdivision Guarantee or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim; shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, ortrgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee 14450 N.E. 29th Pl., #200 ! Bellevue, WA 98007 � - 31 Phone: 42.5-646-3515 888-272-5773 W VII W. C W T I T L E. N E T Fax: 425-646-3517 TITLE RESOURCES GUARANTY COMPANY Order No.: 40091975 Name of Assured: THIRD Subdivision Guarantee Issued By Title Resources Guaranty Company Schedule A Liability: Charge: 'Lax: Total: Guarantee No.: 92647000028 40091975-1-E $2,500.00 $ 250.00 $ 23.75 $ 273.75 Toll WA LP, a Washington limited partnership, and Mead Gilman and Associates 2. Date of Guarantee: March 27, 2013 at 8:00 a.m. 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. Title to the estate or interest in the land is vested in: Toll WA LP, a Washington limited partnership C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No,: 2647 Subdivision Guarantee Page I File No.: 40091975-800-T35 Guarantee No.: 40091975-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023059390 YEAR BILLED PAID BALANCE 2013 $8,446.30 $8,446.30 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00, LEVY CODE: 2161 ASSESSED VALUE LAND: $639,000.00 ASSESSED VALUE IMPROVEMENTS: $ 0.00 (AFFECTS: LOT A) 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (IST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023059023 YEAR BILLED PAID BALANCE 2013 $11,757.01 $11,757.01 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $890,000.00 ASSESSED VALUE IMPROVEMENTS: $ 0.00 (AFFECTS: LOT B) 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: THE CITY OF RENTON RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 S. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 7806130632. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 6. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON SEPTEMBER 23, 1986, UNDER RECORDING NO. 8609231227. 7. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON SEPTEMBER 23, 1986, UNDER RECORDING NO, 8609231228, 8. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4025 IMPOSED BY INSTRUMENT RECORDED ON DECEMBER 03, 1986, UNDER RECORDING NO. 8612031455. TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40091975-800-T35 Guarantee No,: 40091975-1-E SCHEDULE A (Continued) 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADIUSTMENT RECORDED UNDER RECORDING NO. 20041223900001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 06, 2008 RECORDING NO.: 20080606000743 11. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5459 IMPOSED BY INSTRUMENT RECORDED ON AUGUST 06, 2009, UNDER RECORDING NO. 20090806000472. 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: UNDERGROUND FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 9, 2012 RECORDING NO.: 20120809000755 13, ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE PLAT OF CLAREMONT AT RENTON. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 14. COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MARCH 26, 2013, UNDER RECORDING NO. 20130326001108, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ASSESSMENTS LEVIED BY THE COMMUNITY ASSOCIATION. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SET FORTH IN SAID INSTRUMENT TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. NOTE: RESTRICTIONS INDICATING ANY PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN HAVE BEEN DELETED. GM1/CSS TRGC Form No.: 2647 Subdivision Guarantee Page 3 Fite No.: 40091975-800-T35 SCHEDULE A (Continued) Fnclosures: Sketch / MAP Vesting Deed (Recording No. 20111118001341) All recorded exceptions Guarantee No.: 40091975-1-E TRGC Form No.: 2647 Subdivision Guarantee Page 4 TITLE RESOURCES SECOND Subdivision Guarantee Issued By GUARANTY COMPANY Title Resources Guaranty Company File No.: 40091975-800-T35 Guarantee No.: 40091975-1-E EXHIBIT A LEGAL DESCRIPTION THE. LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOTS "A" AND "B" of KING COUNTY BOUNDARY LINE ADJUSTMENT no. L041_0055, as recorded under recording no. 20041223900001, records of King county AUDITOR; except the plat of claremont at renton, as per plat recorded in volume 262 of plats, pages 25 through 29, records of king county auditor, and also recorded under king county recording number 20130326001107; SITUATE in the CITY OF Renton, County of King, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 y.: Va-UN RKORUEn RETLWN TO-' ()(SGe of ow oily 6ik Pmtm Murdop i I tiuildft 200 MqAvenue South 07A Ln ,-a u ' tits `x ,1 1 ERT CATE !, the ua.'ersEgnrd, of kedon, Wmwgtoi, cutify tb Mrad of s+hsaW andor. Clerk of the tthis Isatrue 8 .3 x wN CITY OF REMN, WASHIVaMN A7 M ORDIHANM NO. - 4612 AN OJDIMANCC Or TSM CITY Or RENTOW, � ZSTABLXSHIMG AN JLSSRSS313LXT DISTRICT FOR SANITARY S SYRVICM XN A POR=OH OT Tsui SWTS Za=T-zwn S, MCATM DOWNS, AND VAPLZIMOD SVD -AA 7X8 Jllm ZSTABLXSE3= TM AMU" Qr TIZ CKXR= UP= OCMW=OK To TSC yAiCILTi`ICS, w S THE CITY COUNCIL OF THE CITY OF RMTON, WASHINGTON, DO C MAIN AS FOLLOWS: SECTION. -T, There is hereby created .a Sanitary ewer Service Special Assessment Distript for the area served by the East Renton Sanitary Sewer Interceptor in the northeast quadrant o Me City of Menton and a portion of its urban growth area w thin !Q unincorporated Icing County, which area is more particu arty (�y described in Exhibit `A' attached hereto. A map of the se ice Li? area is attached ata Exhibit 18." The recon -ng of tfils docume t is to provide notification of potential connection and int rest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parce is connected to and thus benefiting from the Sewer facilities. ;he property may be mold or in any" other way change hands wit out triggering the requirement, by the City, of payment of the es associated with this district. SECTIQX IY. Persona connecting to the sanitarys r facilities in this Special Assssamm =t District and which prcvas: ies 0 ORDINANCE 4 6l z have not been charged or assessed with all costs of the East Ren n Sanitary Sewer. Interceptor, ass . detailed in this ordinance,. s 1 pay, in addition to the payment of the connection permit fee and n addition to, the system. development charge, the following additio 1 fees: A. Per Unit Charge- New connections of residential dwelli g units or equivalents shall pay a fee of $224.52 per dwelling unLt and all other uses shall pay a unit charge of $0.069 per squa 7e foot of property. Those properties included within this Speci il Assessment District and -1hich may be assessed a charge thereund x are included within the boundary legally described in Exhibit " and which boundary is shown on the mw.p attached as Exhibit ";3." d , ION Ill. In addition to the aforestated charges, the e shall be a charge of 411 per annum added to the Per Unit Charg � r9 . The interest charge shall accrue for no more than ten (10) yea s from the date this ordinance becomes effect-. Interest charg s will be simple interest,and not compound interest. 99=101i 1V This ordinance .shall be effective upon i s passage, approval, .and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this lath day of_ June - � 1991. Maril 2 en; City Ah k 9. ORDINANCE 4612 APPROVED SY THE MAYOR this 10th day of June 596. Jes Tanner, Mayor Agpro ns to form: Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:as. cl 9 to 0) 3 ExhUt A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON — EAST RENTON INTERCEPTOR . Portions of Sections 8, 9. 10. 11, 14. 15. 16, 17, 21 and 22 all in Township Range 5E W.M. in King County, Washington Section 8, Township 2314, Range 5E W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lying East 'o East right-of-way line of SR -405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the cente of NE 7th Street; thence Westerly along said centerline of NE 7th Street t intersection with the centerline of Sunset Boulevard NE; thence Northerly s the centerline of Sunset Boulevard NE to the North line of the Southeast said Section 8; thence West along said North line to the East right-of-way lig SR -405 and the terminus of said line. to W 0) c Section 9, Township 23N, Range 5E W.M. rl All of that portion of Section 9, Township 23N, Range 5E W.M. bring South p East of the following described line: W Q? Beginning on the centerline of NE 7th Street at its intersection with the cente of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Stre Its intersection with the centerline of Monroe Avenue NE; thence North along centerline to the South line of the Northeast i/, of said Section 9; thence along said South line to its intersection with the centerline of Redmond AL -4 NE; thence Northerly along said centerline to its inter~ , 'tion with the centerlb NE 10th Street; th mce East along said centerline to thq East line of said Set 9 and the terminus of said line. Section 10, Township 23N, Range 5L W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North lit the South'h of the North 1h of said Section 10; thence East along said North to its intersection with the centerline of 142nd Avenue SE; thence Soutl along said centerline to its intersection with the North line of the Southeast said Section -10; thence East along said North line to Its intersection with the line of said Section 10 and the terminus of said line. .h the its 71 to of of of I 4 Legal Drsc4tion of the Spa -&l Assessment District r the Ci Renton - East Renton Inter for Pu Z o 3 Section 11, Township 23N, Range 5E W.M. All of the Southwest V4 of Section 11. Township 23N. Range 5E W.M.. Section 14. Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. descn as follows: Section 17, Township 23N, Range 5E W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., Northeasterly of the Northeasterly right-oPva; of SR -169 ;Maple Valley Hig and Easterly of the East right-of-way line of SR -405 less that portion generally West of the East and Southeasterly line of Bronson Way NE ti All of the Northwest V4 of said section, together with the Southwest V4 said section, except the South 'h of the Southeast V4 of said Southwest y4 and pt the plat of McIntire Homesites and ih of streets adjacent as recorded in th Book of Plats. Volume 58, Page 82, Records of King County, 'Washington, an I the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Ced pt River Ffm Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, s of King County, Washington. less Va of the street abutting said portion of et 6, Block 1, and less Tract 6. Block 2 of said Cedar River Five Acre Tracts, le 1s Of the street adjacent to said Tract E, Block 2, and except the South 82.785 t of Q) the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts an less 0 Vz the street adjacent to said portion of Tract 5. Block 2. C14 CG CSD Section 15, Township 23N, Range 5E W.M. All, of that portion of Section 15, Township 23N. Range 5E. W.M.. excel t the Southwest V4 of the S^uthwest V4 of the Southwest V4 of said section. ' Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, i:. !ige 5E W.M., excepi that portion of the Southeast r/4 of the Southeast V4 of the said Section 16 lying E ist of the East line of the Plat of Maplewood Division No. 2 as recorded in the Bc k of Plats Volume 39. page 39. Records of King County Washington and its Nor herly extension to the North line of said Southeast V4 of the Southeast 74 of th said Section 16 and except that portion of said section lying Southerly of the Noerly right-of-way line of SR 169 (Maple Valley Highway). Section 17, Township 23N, Range 5E W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., Northeasterly of the Northeasterly right-oPva; of SR -169 ;Maple Valley Hig and Easterly of the East right-of-way line of SR -405 less that portion generally West of the East and Southeasterly line of Bronson Way NE ti LAG m 0 04 0 CD 0 Lcgai Daa* on of the Spedal A.;=wjmt DisHd r ft MY a f Renlon -- East Rmtm Inknxptor ._ � Page 3 c between the South line of the NE 3rd Street and the Northeasterly margin of S 405. Secdon 21, Township 23N. Range SE W.M. All that portion'of Section 21, TownshiO 23N. R 5E W.M., bring Northeasterly the Northeasterly right-of-way line of SR -169 (Maple Valley Highway) and West the. East line of the Plat of Maplewood Division No. 2 as recorded in the Book Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23K Range SE W.M. All of that portion of Section 22, Township 23N. Range 5E W.M. described a follows: All of the Northwest V4 of the Northeast ]A of said Section 22Northerly of th Southerly line of the Plat of Maplewood Heights as recorded �e Book of Plat volume 78. pages 1 through 4, records of King County, Washington. Together with the North 227.11 feet of the West 97.02 of the Northeast V# of th Northeast V4 of said Section 22. } 3 alM e F 44 fr�a" VIA, In a Pr th ,gR ...... ..... AVO, s t A'S. IV 0; 1 NOUN Ol wi J�g V.,05AN., 0 th S., jj 49 SPINT RON tip 1 4) TOWN NO, a r1204 far Attu LWAL DESCRIPTION ri The acut4 wirt4AP NOW, M.1 I[A.$d L The alM e F fr�a" In a Pr th ,gR ...... ..... AVO, s 0 th S., jj 49 SPINT RON i c IF � ml PHTY�` WASH INGTO N A -mi. Anaf caiootuhltv bdvmldpffle��`- P� �OPd*At:,DjVj*j0A ay. 'lot Q . bi det a.vl q a Pr th ,gR ...... ..... AVO, s 0 th S., jj 49 SPINT RON tip 1 4) TOWN 5 711, P 14 7- qdy,_�V V 74 71 3f iv. E -L-A 44 7il CA lk P- -46 ew 41�f 7h Lod tip . � p ho i -Th &ST JZ 45 7T_ 141Z jz -qw . 7t ic �.O. It. Z44" 0:0�� ps, 0A me ad OW,M AR eiien Wis 61i lb", #t 6ii EA J Q;, W DECLARATI-ON; -v % k Know all men by thas4 prou s�that woj' the undersigned, owner(s) In too simple land contrRot purr-hasor(s)j Lot 'the jand herein described do hereby make a. short subdivision the�eof'. purnuant-to RCW,58.17.060 and declare this short plat to be..tho'graphic.rL-prese:itation ot same, and that said short subdivision is made.with, , the,free conseait and in accordance with ) �W " . . . the desire of the owner(s: �M% In witnesg-�Pereof wa,h vo'sia 7, sur hanAe n d, ass. &me a; tiame L1�2 A Rams C\j 01 STATE OF WASHINGTON 0 ,1. (Y) County L C-) On Mix day ivrmanalli A PP* -a' P before a; to mo known 'to be the Individual Jamtrumtit, and Acknovladqvd that act and dead, for the user. and, pu GIVEN under xv hand 'Gunn o STATE OF ve- Cnun On signed, n Notary Vublic in and for the 51 and RWOM, personally ap 12, FIL On In mo known to he lhe 10dividunt dei4llivl is y as attorney in fact — ire sigmed and scaled the game iskLLLL & of the'd ---; I slated val he 11-111�1 J L1�2 A Rams Page—V L to mo known 'to be the Individual Jamtrumtit, and Acknovladqvd that act and dead, for the user. and, pu GIVEN under xv hand 'Gunn o STATE OF ve- Cnun On signed, n Notary Vublic in and for the 51 and RWOM, personally ap 12, FIL On In mo known to he lhe 10dividunt dei4llivl is y as attorney in fact — ire sigmed and scaled the game iskLLLL & of the'd ---; I slated val he 11-111�1 J "etuted th .. AW, .Ullon of IM2 I hnnd a nd ufXeial !K41 hereto,iirl, eA t6a ro " tr rt 133.sLt Number re ane, ihe under. COMM]"Ianed . A11.1 instrument for self and lercitt d eftribed. and acknowledged t') me that decd As the hecana votlWary Act and deed " I " d pUrP440 thereinMcrlLrorie�j, and on oath 0;,riefit his tint 6 ,n revoked and that the said .4z this cCrllr C C�� and -ler A. Sim. 4� L1�2 A Rams Page—V )P of before �Y :rthad fn,ond,.aha the virgin and foxogoingr _axacutad the SA.W AaY ell- free and volmtsry '71 4 it1ea!'thtel, day Of 19 Rotary P 110 In and for a State of M45hington, F A 1)In "etuted th .. AW, .Ullon of IM2 I hnnd a nd ufXeial !K41 hereto,iirl, eA t6a ro " tr rt 133.sLt Number re ane, ihe under. COMM]"Ianed . A11.1 instrument for self and lercitt d eftribed. and acknowledged t') me that decd As the hecana votlWary Act and deed " I " d pUrP440 thereinMcrlLrorie�j, and on oath 0;,riefit his tint 6 ,n revoked and that the said .4z this cCrllr C C�� and -ler A. Sim. 4� Page—V of �Y '71 4 DECLARATION QF'CM1EYAt1T Know ille n by these prE�sGntss th;; t t e { F 3 the S.iodersignedr (A,n_-r5 i n "gee simple ref the lanai ascribed hereirs, nereb, declare this Qu einant afsd Place same 081 record. We (I) are (am) tM awner°(s) In fes slmnle of the following dosc6lbed real 'State Situated it King County. State 0� V.—O i,9tan-. to wit; `C til= C'1 dc''�-'� 'rte � �-!h s_. f�� rd''� `� :� G^ ('- `5-"�c.. C'!e� `1•^': �1 � c�"�• �%� � on which we (1) desire a singlr family residence serviced by a septic tank and drain field. fVW, THERERRE, we (7) agree and eov�;�ant that said tmner(s), their successors and assigns will not construct, ;raintain, or suffer to ba colrstructed nmre I,- than one single family residence unless such second and subsequent residenca5 LN? are Connected and receive sewer- service from a legally C -0i stztuted s er district or munikcipality. it is further agreed and covenattzd that the above identified property vAll -riot be subdivided for residential purposes unless surveil by a public se�:er. W These covenarits steal a rasa with the lard and stall be bindiatq ora al I parties oa' ing or acgtsiring any right, title, or ntares^t in fha laaid desc; ibed herein ra, any part- t,°ieretafa as long as saptic tank service is regi4frd 1c.r the fir is residence or until A .masse of covens-ri ;s file icy the Seettl� King Cokinty Department of Public health or its successor. Witnessrzur hands this -s �7-- - day oflq .�. 7 Cr v�'ii':e^rS Star' of Washington. crj�lnty Of King 1. the undersigned, o Notary Public ip ami fsr the above cured Co:jnty end State, de hereby certlfy v=at on this I x - day of x s ��: 119 . -- c' —, G 4$Is 4Il6^ Et `a°atbei.Yi i?di4'`d+Aal.Si [i�`aG`i i*L f1l itn-! vdiu "ecu—ted a within instrument. anis ackt'culn4ge that trey signed and sealed tiEe ar1!lb as .[iais�(Jtar� (thele) frae and valuntar�y act and deaf, ,-or i hs sisev ird pr i'*0r1 S he - .in Given upcier= rn.y hard and official sial the day and yiC r last iaboya C4rit-te"IL Ni7tary t��s?# 'rr "ya�te rii g'II.Ih!! i%r S3�gmrCi �FiC r;E .lei�caorli 53.00 e?As¢ pane {Cop*jr will he I FOCM III - CructiL-y Aria. F,ld(j. spa. ,�+� free) z.1-lip/7-�C q, ,e!'c sz_nn f1��4 ?ci•=ir_^_tm� � :a z.^ytnai � wd b aquvnt � q tL a� # s t • �1 ;� �} { CLARATUM OF bXVENANT &MW all e pf by %haaa P"S.Urit that l (Wg) t�g aand ssi ;oda in fom simple of tm ldm2 &-tcribed bami+j. tjolvGy 42adlarle this cdv,4mvit and 094-a i 04- th— in Tula Simplft of (an inter. $$ : 'I,; Ulm follemang described renal altat* fi @n ich I (m§), man and i.pevatd a tell or wgtk rk$ sLpplyifrg water Tfar privaU irrigation use 'located on said ?*,Al *stat&, to exit, , .Rpd ag (arg to keep thp watar supplied frov. said well for irri€uti€n Putt ti .0Q 'SL 00 NMI THEUVO . € ML Agm** aOd COVOn �t "t"t 5��i� N.mar , his (��;a eth$r'} � era se *fad &sista% will pot Us6 s41d arae?, jupp+y ;Iov ny�lr�r PU Pa est � thap si ate irrieai€ sa Said wattr supply %ball not ba used in,i�my rarintr fOr Private dozotle ease. cotezain#a nasal t :OJ"3 with t�e land Crud Shall he WdfNG 68 91' P- 'r acquiring Any righZ, s#tZa, or interest ix v� land dor%rrQeYJ ---raia'a or any P&rt hen f. as long is tald well or MAMMAS is Usad fOr th& p -►'N" Of sul5Pl3'i" irrigation* water. Ink '-RR7✓R:m is V d UnderAffiUml.. :Wta2-�_ P&41Q SAA .for ¢hA 0--d qAdf ? w� aw thjA J ;SLS ag t , ] s 7� za .o co ts6 A_&r r1_b*d in em". erten dxabg�nted ths W:LtU,3� Ir- Wt:.-==z, r- Wt:. = v, =4 agl=O V_ ktt as (tLwy) Ai jpaai rte.$ 0ai2 ad Z -ha _0,§ ..;d Val' ay tct wv., 34403 for ho uses =A p=;,rae©n -rrL0)r*%A jaat.4�dr , =273M _Z�dg�r Zr h=aa luem i-_ mus p aar +d.st awvw 13 a Aaj- 1 2tAF-Qa9 t,� i1�a a area a,2 -;ma LZz o: Izoa d4 a.3 a d*r Lit page (eapy arLz. w :;" d� ?DA:.= 311 4 Ca1=7 $'_VQ soar;' exG" va.giq. L 4 & :=as 341-3964 Nberrera"r Intarsr}ation �' x I�� a ISE nor Record pit Ms I�� mg L 1 y r - I Ri:CFV'`-�j 'I,5 9lkY "313 tt'z.4ir? aY �NsoN, 1QA5NINGRYIl�fi N` 1. + , + 10,Cr,,i F QRDl MICE NO. 4025 AN ORDINAN F tlb1•, j`FL$t fC'f y pr' RENTON, WASHINGTON, ESTABLISHING Wi6p'OSED AS SANITARY SSESSMENT DISTRICT FOR INTERCEPEWER SE IN THE HONEYCRE£K CEFIOR SERVICE AREA NG THE AND ESTAI3I,I9H3 AMOUNT OF THE CHARGE UPON CONNECTION nI FACILITIES, THE THE CITY COUNCIL OF THE CITY OF REN'T°ON, WASHINGTON, DO ORDAIN AS FOLLOWSt SECTION� It There is hereby created A sanitary sewer service special assessment district for the HOneycreek Interceptor area in the northeast quadrant of the City of Rentor; which -.roe is more particularly described as rollowa: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. the project area is attached as Exhiof bit A map map made a part hereof as if fully set and forth.) SECTION persons connecting to the sanitary sewer 'facilities in this Special, Assessment District which properties have not been Charged or assessed with the cost of the sanitary sewer main, shall pay in addition to the payment of the Connection Permit fee and in addition to the general facility and trunk connection Charge, the following additional fees, A. Area--� Ch-�es (See Exhibit -A- SW *a. s Residence dvvIling units, apartments or equivalentar - $250.p0 per dwelling unit Commercial Developments - 5t pax square foot of gross site area 8. Front Foata a Ch�rctes� (see Exhibit `C' ow *ps There is hereby created a subdistrict within the HOfteycreek interceptor Special Assessment District consisting of properties fronting on Interceptor Sewer: ilrL'J TOR RIURG Aj•'1 of F :F 7ilF C�1 cm �Ti�TUA i�1CiPAL �lAi. - !A i1�ii A'iC SI1. hh�ON,�i �d CAPE �r Maxine E. Motor {4(94 R WW ON* ffid Mw l/ a Snw atiQ ecRrsR! �Plr e�1025 SuEacr►dIQ snd BasNd fldt-?n$,,, dq s*C�y� C�h,ChrM r t i r Ri:CFV'`-�j 'I,5 9lkY "313 tt'z.4ir? aY �NsoN, 1QA5NINGRYIl�fi N` 1. + , + 10,Cr,,i F QRDl MICE NO. 4025 AN ORDINAN F tlb1•, j`FL$t fC'f y pr' RENTON, WASHINGTON, ESTABLISHING Wi6p'OSED AS SANITARY SSESSMENT DISTRICT FOR INTERCEPEWER SE IN THE HONEYCRE£K CEFIOR SERVICE AREA NG THE AND ESTAI3I,I9H3 AMOUNT OF THE CHARGE UPON CONNECTION nI FACILITIES, THE THE CITY COUNCIL OF THE CITY OF REN'T°ON, WASHINGTON, DO ORDAIN AS FOLLOWSt SECTION� It There is hereby created A sanitary sewer service special assessment district for the HOneycreek Interceptor area in the northeast quadrant of the City of Rentor; which -.roe is more particularly described as rollowa: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. the project area is attached as Exhiof bit A map map made a part hereof as if fully set and forth.) SECTION persons connecting to the sanitary sewer 'facilities in this Special, Assessment District which properties have not been Charged or assessed with the cost of the sanitary sewer main, shall pay in addition to the payment of the Connection Permit fee and in addition to the general facility and trunk connection Charge, the following additional fees, A. Area--� Ch-�es (See Exhibit -A- SW *a. s Residence dvvIling units, apartments or equivalentar - $250.p0 per dwelling unit Commercial Developments - 5t pax square foot of gross site area 8. Front Foata a Ch�rctes� (see Exhibit `C' ow *ps There is hereby created a subdistrict within the HOfteycreek interceptor Special Assessment District consisting of properties fronting on Interceptor Sewer: ilrL'J TOR RIURG Aj•'1 of F :F 7ilF C�1 cm �Ti�TUA i�1CiPAL �lAi. - !A i1�ii A'iC SI1. hh�ON,�i �d CAPE �r Maxine E. Motor {4(94 R WW ON* ffid Mw l/ a Snw atiQ ecRrsR! �Plr e�1025 SuEacr►dIQ snd BasNd fldt-?n$,,, dq s*C�y� C�h,ChrM 1 1 � e " o ORDINANCE NO. 4025 The properties to be asaesetd for front footage are more particularly described. in Exhibit "£" s attached hereto and made a past hereof as if fully not forth. The front footage charge shall be $37.19 per �° -•-� . � _ �frontage loot. representing $74.38 per center .f line loot divided equally for property fronting on each site of the center line foot. inr ew l SECTION Illt This Ordinance is effective upon its passaga, C43 approval and thirty (30) days after publication. . c7 H PA5SE0 9Y THE CITY COUNCIL this I?" day of November, 1986, W Maxine E. Notnr, C ty C a— rk ; ' r APPROVER BY THE MAYOR this 17th day of November, 1985. Bar�,.5 Y.11MI�l h, �Mayor f Approved as to form= yl z Q+aMr,61i{�t ice"'~ x Lawrence J. Warren, City Attorney Date of Publication) November 21, 1986 i- i i i i P i•1 � i.' FYI 4Y. 7 f i t t n �3�y i° ;a iP.],.'' rS2 .. `- E X H I a I T 'A, AREA CHARGES oRMNAHCE 14D, 4025 A parcel of land situated in Sections 2, 3, 4. 9, 10 and 11 of Township 23 North and Sections 33 and 34 of Towrship 24 N:rth, all in Range 5 East, W.M.. more particularly described as follows: BEGINNING at a point o-, tho North margin of N.E. 27th St., also known as S.E. 97th St. in said Section 4. distant 386.4 feet east of the West line of said Section 4; thence North parallel to said west line and its extension into said Section 33 to the Thread of May Creek; thence Easterly along the Thread of May Creek through said Sections 33, 34 and 3 to the West margin of 148th Ave. S.E.; thence South along said West margin to the North line of State Sign Route 90C, also known is S.E. Renton Issaquah Road; thence Easterly along said road to the intersection Of the Ea%t line of the West quarter of said Section 2; thence V) South along said East line through Section 2 and said Section 11 to the South 0 line of the North half of said Section 11; thence west along sold South line through Section 11 to the tenter of said Section 10; thence continuing Hest Cl) along said South line of the North half to the East margin of 138th Ave. S.E., Nalso known as Duvall Ave. N.E.; thence Northerly along said East margin to the t*.l North line of the South quarter of the North half of said Section 10; thence tD West along said Horth line to the East margin of 132nd Ave. S.E., also known as aC Union Ave. N.E.; thence North along said East a-.argin to the center line of S.E. 116th St.. also known as N.E. 10th St, and the Easterly extension of the South line Of the Plat of Brentwood. Division 2, as recorded in Volume 72, page 46, records of King County, VA.; thence West along said South line to the Southeast corner of Lot 16. Block 6 of said plat; thence Northerly along the East lines of Lots 16 through 11 inclusive to the South .margin of N.E. 11th St,; thence Northwesterly to the Southeast corner of Lot 10 in Block 3 of said plat; thence Northerly along the Easz lines of Lot 10 -through 1 inclusive and its extension to the North margin of M.E. 12th St., thence Vest along said North margin to the Southeast corner of the Plat Of BOWArC as recorded /n Volume S9■ page 69. records Of said county; thence North along the East lfne thereof to the North- east corner of said plat; thence West along the North line thereof 157.71 feet to the Southeast corner of Queen Ave, right-af-way as described in Volume 3738 of Deeds on page 76, records of said county; thence contirwe Wiest along said North Ifne Of said plat 170,0 feet; thence North parallel with the centerline of said Queen Ave. and its extension to the North margin of State Sign Route 9D0,. also known as M.E. Sunset Bird.; thence Westerly along said North margin to the West line of the East 484,62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence North along said Wiest line to the South line of the Plat of Honey Creek Park as recorded in Volume 59 of Plats on page 57, MOMS or said county; thence East along the South line thereof to the Southeast corner of Lot 9. 1n Block 2 of said plat; thence North and crest along the East and North lines Of Lot 9 to the right-of-way line of N.E. 17th Pl.; thenLo Northeast and Northwest along the Southeast and Northeast iaargln of said N.E. 17th Pi. to the Southeasterly corner of Lot 1.1. in Block 1 of said plat; thence Northeasterly along the Southeasterly line thereof to the Northeast corner of said Lot II; thence Northwesterly along the Northeasterly lines of Lots Ii through 7 inclu- sive to the North line of said plat; thence West along the North line thereof to the Northwest corner of said plat; thence South along the West line thereof to the Southeast corner of the northeast 1/4 of the Southwest 1/4 of said Section 4; thence West along the South lino of said Northeast 3/4 of the -Southwest 1/4, a distance of 320.12 feet; thence North 1307.0 feet to the North line of said Southwest 1/4 distant 322.20 feet crest of the Northeast corner thereof; thence Kest along the South line of the Southeast 1/4 of the Northwest 1/4 to the Southwest corner thereof; ..theme North along the Most line of said subdivisitn to the Northeast corner of the Plat of Aloha Ranch No. 2 as recorded in Volume 62, page 3. records of said county; thence West along the North line thereof to the Northeast corner of the Plat of Aloha Ranch as recorded in Volume 77, page 7. records of said county; thence Nest along the North line thereof to the Southerly extension of the East line of the Plat of Sandee Terrace as recorded in Volume 67, page 2. records of said county; thence North along said Southerly extension to the Southeast corner of said plat; thence continue North along the East line of said plat and the Northerly extension of said East line to the---- South morgin of S.E. 97th St., also known as M.E. 27th St.; thence Northeasterly to a point on the North margin of said street distant 386.4 feet East of the West line of said Section 4 and POINT OF BEGINNING of this description. 13-2F50/X E If H 1 8 I T P_ f f I: a` . � f. Ft � � i11�t, l..:f x ,r!�. '�i $... - �-� iy e,r• 'fix d � '_s � �..� �: r��z. r��S= ��'T, �?�-L� :i :A� rX.,� A•• �� Y h IF+� E x H I R I T 'S' w EAHiD!T Coro tktl bL � 'r ORDINANCE NO. 4025 s.cW• ,.. [11 •�1 s �l C 3-5 ` . rrr Ll R G t • L i G[PFGt• 1 �\YT.. i��Gti COTtgn .0005 ' i C .h 'n .1k AMP , DOpT.grt~ 1. fi w n i i •.� I ; r AREA^ MAMA ,a �OIi1JDARY 21-TIJI S.E. i •3 • 1 A I AU -A CHAP,nES 44 p F ttt •i �G• 111; kF i !t►[�F• � : i 6^,j rat rK r ` L�� IJfll•G� - •ij'F:jt;`.��Fi•! �RS►t;x�.Ei- l�tf`�• ME�.43" a�- �. ti\ i ce )► WLL 117 ro w EAHiD!T Coro tktl bL � 'r ORDINANCE NO. 4025 s.cW• ,.. [11 •�1 s �l C 3-5 ` . rrr Ll R G t • L i G[PFGt• 1 �\YT.. i��Gti COTtgn .0005 ' i C .h 'n .1k AMP , DOpT.grt~ 1. fi w n i i •.� I ; r AREA^ MAMA ,a �OIi1JDARY 21-TIJI S.E. i •3 • 1 A I £ 1f H 1 e I T %* MIKA+ct NO. 4025 FRONT 1`00TASE CHARGES A parcel of land situated in Section 4, Township 23 !Horth. Range 5 East, W.M., more particularly described as follows: BEGINNING at a point on the East margin of 120th P1. S.E. at the intersection of the Westerly extension of the South line of the Plat of Paradise Estates as recorded in Volume 95 of Plats on Page 93, records of King County. Washington; thence East along said Westerly extension and the South line thereof to a point 555.64 feet West of the East line of the Northwest quarter of said Section 4; thence South parallel to said East line 392.7 feet; thence East parallel to the South line of the Plat of Paradise Estates No. 2 as recorded in Volume 102 of Plats on Page 31, records of said County to the East line of said Northwest quarter; thence South along said East line to the center of said section, thence Easi along the North line of the Northwest quarter of the Northwest quarter of WT 'he Southeast quarter of said section to the Northeast corner of said sub- division; thence South along the East line of said subdivision to the Southeast corner thereof; thence East along the North line of the Southeast quarter of the N Northwest quarter of the Southeast quarter of said section to the Northeast corner of said subdivision; thence South along the East line of said subdivision ay to the Southeast .corner thsreof, :thence East along the North line of the South- east quarter of the Southeast quarter of said section to the East line of the West 310.57 feet of said subdivision; thence South along said East line to the North margin of State Sign Route 900. also kna+m as N.E. Sunset Blvd.; thence Westerly along said North margin to the hest line of said subdivision; thence continuing Westerly along said North margin to the West lint of the East 484.62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence North along said Nest line to the South line of the Plat of Honey Creek Park as recorded in Volume 59 of Plats on Page 57, records of said county; thence East along the South line t++ereof to the Southeast corner of Lot 9. in Block 2 of said plat; thence North and Nest along the East and North lines of Lot 9 to the right -of -Kay line of N.E. 17th Pl.; thence Northeast and Northwest aloe the. Southeast and Northeast margin of said N.E. 17th Pl. to the Southeasterly corner Of tot 11, in Block 1 of said plat; thence Northeasterly along the Southeasterly line thereof to the Northeast corner of said Lot 11; thence Northwesterly alongg the Northeasterly lines of Lots 11 through 7 inclusive to the North line of safd plat; thence hest along the North line thereof to the Northwest corner of said plat; thence South along the Nest line thereof to the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of said Section 4; thence West along the South line of said Northeast 1/4 of the Southwest 1/4, a distance of 320.12 feet, thence Horth I307.0 feet to the North line of said. Southwest 1/4 distance 322.20 feet West of the Northeast corner thereof; thence West along the South line of the Fast'helf of the .Northwest quarter of said section to the Southwest corner thereof; thence North along the hest line of said East half to the South margin of S.E. 97th St., also known as N.E. 27tin St.; thence Southeasterly along Said margi^ to the intersection of the thread of Haney Creek, said intersection also being a point on the Southeasterly margin of 120th Pl. S.E.; thence con- tinuing Easterly and Northerly along the Easterly margin of said 120th PI.-S.E. to the intersection of the Westerly extension of the South line of said Plat of Paradise Estates and POINT OF BEGINNING of this description. 1.4-86510. EIIHIIe1T V Ex"[•1T 00' MRS FMINZ U L%M SFC.--q,T p 23 N.,;V3 ~ 5 F-..Fvv.M. PROW FOGTAW--„ c.NAWAX LOLNDARY J 1 1700 —sr -- -- M L r •i 44 �Pf yy� 3 S 2,01 Y_ w $w wfd� (` a Mh LL 1�y7.� 3 a,� f Wi S e�8 o LY W U iH LIE Iq Ell Ng yy� 3 S 2,01 Y_ w $w wfd� (` a Mh LL 1�y7.� 3 a,� f i�tr=rya K�a I,$ .: �aa4� � •3Yiq� i s ozm� a• o€Igi: w ' w CD n 2f J!•:„ - :. [a AM �. :'•`_'..' �•:.,., Cx'wfl�-5 _ >xa� ;�.,• 'o. Jm,� O':.CC J Q... w F32€.,. �T i� li. A, '�:.,.•, daiC FO oEN LD Rry Oso U} ooa m 5 ��J3sM1, '•-. f. �w?<F� a 'o� 3< 001 c�< 1 $< ��k � _ n CLi'<o-R 4 €��o -LLa Wi S e�8 o LY W U i�tr=rya K�a I,$ .: �aa4� � •3Yiq� i s ozm� a• o€Igi: w ' w CD n 2f J!•:„ - :. [a AM �. :'•`_'..' �•:.,., Cx'wfl�-5 _ >xa� ;�.,• 'o. Jm,� O':.CC J Q... w F32€.,. �T i� li. A, '�:.,.•, daiC FO oEN LD Rry Oso U} ooa m 5 ��J3sM1, '•-. f. �w?<F� a 'o� 3< 001 c�< 1 $< ��k � _ n CLi'<o-R 4 €��o -LLa X Z "t", 0 OR �' e W MIN Y 101 Ll Cr) rJ Lo 3R 3AY HIW tin 04 -WW(v D'.. o 0" ID -:1 Q 2: if ---------- —lY.!,i 1 0. th� W ON t is ISI U?ilis AM t 4, w 7 �X-5 r ol elu Cz 7, i oJJ Y.I hl, X Z "t", 0 OR �' e W MIN Y 101 Cr) rJ Lo tin D'.. o 0" ID -:1 Q 2: 0 su�lcb TOlwz ON '53M lace-fisl "t", OR �' e W MIN Y 101 rJ Lo tin A ---------- —lY.!,i W ON is ISI U?ilis z Q rJ tin A RETiJRN ADDRESS: Puget Soand Energy, Inc. Attention:. RIW I]epartment{Z. Bergman) P.O. Box 90868 f Est 06W Bellevue, WA 98004 2006DSO6000743.001 eA§EMENT ORIGINAL REFERENCE #; GRANTOR, CamWest East Renton, LLC GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lots A and B; BLA #L041-0055, KC Ree. 420041223904001 ASSESSOR'S PROPERTYTAX PARCEL: 1.02305-9390 and 902305-9023 For and in consideration of One Dollar ($1,00) and eider valuable consideration in hand paid, CAMWEST EAST t2FNTON LL G A WASHINGTON LlM1TED L1ABfLITY COMPANY ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC„ a Washington Corporation {"Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property' herein) In King CoUnty, Washington: LOTS A AND R OF BOUNDARY LINE ADJUSTMENT NO. L04I-0055, AS RECORDED DECEMBER 23, 2004 UNDER RECORDING NO. 20041223900001, RECORD -9 OF KING COUNTY, WASHINGTON. Except as may be otherWso set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows; EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS -CF -WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, - THIS CLAUSE SHALL BECOME Nt1LL AND VOID.) EASEMENT NO.2. A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND CPEN SPACES LOCATED WITHIN THE ABOVE UESeXISED PROPERTY BEING PARALLEL TO AND CCINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS -QF -WAY. EASEMENT No. 3: A STRIP OF LAND 5 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEC I SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES. EASEMENT NO. 4: AN EASEMENT OVER THE ABOVE DESCRInED PROPERTY FOR VAULTS, PEDESTALS'AND RELATED FACILITIES ("VAULT EASEMENTS") ADJACENT TO EASEMENT AREA NO, 3. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL. WIDTH OF `10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 6 FEET FROM EACH END OF THE AS -BUILT VAULT(5)- EASEMENT No. 5: 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 94$'"AVENur-SR. 1. Purpose. ' Grantne shalt have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more ullllty systems for purposes of transmission, distribution and sale of gas and electricity- Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; Conduits, lines, cables, vaults, switches and transformers for electricity; fiber aptit cable.and other lines, cables and facilities for communications; semi -buried or ground -mounted fadlitles and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial constructlon of all or a portion of its systems, Grantee may, from time to time, Construct such additfcnal facilities as it may requite for such Systems. Grantee shall have the right of access to the basement Area over and across the Property to enable Grantee to exerciae'ils rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. EXCISF, TAX NOT REQUMM Fling Co. R06rds CamWest bast Renton, LLC Bx�y y] 1n5051737&107033422/058907 Page 1 aft DpCV f l� ►Aaa Srt 200BOW000743.1702 2, E=asement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, frees or other vegetation in the Easement Area. Grantee shall also have the right to control, ort a eoniiriuing basis and by any prudent and reasonable mems, the establishment and growth of brush, trees of other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not Inconsistent with the rights herein granted, provided; however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantees faciltiles without Grantee's priorwriften consent, 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability atfributable to the negiigence of Grantor or the negligence of others, S. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Fasemeni Area for a period of five (5) sucoessivo years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to.or alherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to Inlfially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any Or all of its rights, benefits, privileges and interests arlsing in and under this easement. Without limiting the generality of the forego -ng, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of __ .2008, GRANTOR: 2008 - GRANTOR: V CamWest East Renton, ILC, a Washingtaa Limited Liabtliiy Company BY: STATE OF WASHINGTON) } Ss COUNTY OF } On this day of zoos, before me, the undersigned, a Notary Public in and or the State of Washfngt duly commissioned and sworn, personally appeared d to me known to be the persons) who signed as OF CamWest East Renton, LLC, a Washington invited Liability C❑rrtpany, she company that executed the within and foregoing instrument, and acknowledged said instrument to be %11 free and voluntary act and deed and Me free and voluntary acI and deed of CamWest East Renton, LLC for the uses and purposes therein mentioned; and on oath stated that ^�1 was autho-�rizye,,d' 't�o 1ex�ecute the said instrument on behalf of said CamWest hast Renton, LLC. (YtC,�fjl 6r'7aj/11t1+1X IN WITNES WHEREOF -I have hereunto set my he an official seal the d nd year first above written, - 1illr`~ i tur f N❑tear oF. x�OTA&k(print or stamp name of Ngtary) X .m srti NOTARY PUBLIC in and f rhe {a a o� Nys y'U[3ItL ; Washington, res'sdir �fi u,, cHtft5+5 My Appointment Expires; V."ka CamWest East Renton, LLC. 105051[737 & 1070384221068907 Page 2 at 2 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 20090806000472.009 ��Illlu'lllilll'IiVII�N�I��VIIVYI�N� 20090806000472 CITY arsu;s °•.°°08105/2009 10:21KING COUNTY, U14 please print or type information WANMINU %J STATE RECORAER'S Cover Sheet (RC1�165.04) Document Title(s) (or transactions contained therein): (all a 1, Ordinance 5459 (Shamrock Annexation} _-_ 91 Reference Numbers) of Documents assigned or rel Additional reference ##'s on page _ of document Grautor(s) (Last name first name, initials) 1. City of Renton 2. - ' Additional names on page of document. Grantee($) (Last nasus first, then first name and intttals) 1. City. of Renton _ 2. ' Additional names on page _ of document, Legal description (abbreviated: i.e. lot block, plat or sec NE & Sl quarters of Section 10 & the West half of tl 23 North, and Range 5 East, W.M., King County, Wi Additional legal is on ]a6e 5 of document, Assessor's Property Tax Parcel Account Number revs applicable to your document must be tilled in) 4. rased: - ion, township, range) e NW & SW quarters of Section 11, all in Township 0 Assessor Tax # not yet assigned The Auditor/Recorder will rely on the inforrnatiou provided on the form, The staff will not read the document to verify the accurac or coin leteness of the indexin information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18,010..I understand that the recording processing requirements may cover ap or otheTwise obscure some pare of the text on the original document. Signature of Requesting Party 20090806000472002 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5459 AN ORDINANCE OF THE CITY OF RENTON, 'WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SHAMROCK ANNEXATION; PILE NO. A-08-001). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 26, 2008; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to continence such proceedings as provided by lam=, as more particularly specified in RCW 35A.14.120 and upon Public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plaza as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatares on the petition for annexation on, or about, December 11, 2008, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development the City of Renton having considered and recommended the annexing of said property to the City of Renton; and I 20090806000472.003 ORDINANCE NO. 5459 WHEREAS, the City Council fixed February 2, 2009, as the time and glace for a public hearing regarding the proposed annexation in the City Council Chambers, City ball, Renton, Washington, upon the petition andnotice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition raethod for annexation have been met; and WHEREAS, the King County Boundary Review Board having deen-wd the "Notice of Intention" approved as of April 17, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF R.ENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION.T. The findings, recitals, and determinations are hereby found to be true and correct in all respects All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 134, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty days after publication of this Ordinance; and on and after said date the property shall constitute a part 2 20050806000472.004 ORDINANCE NO. 5459 of the City of Renton and shall be subject to all its laws and ordinances thea and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 124 -acres, is bordered by the existing City limits to the north, south, and west, with. the Urban Growth Boundary to the east; 148th Avenue SE intersects the annexation area.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code, SECTION 11. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this st day of June , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this —lot day of June , 2009. Denis Law, Mayor 3 20090806000472.005 ORDINANCENTa 5459 Approved as to fonn: Lawrence J. m(,,n, City Attonley . Date of Publication: 6 5 2009 summary) ORD. 1547:4/24/09:scr 20090806000472.006 ' ORDINANCE 5459 EXIUBIT A. SHAMROCK ANNEXATION LEGAL DESCRIPTION Those portions of the East half of the Northeast and Southeast quarters of Section 10 and the West half of the Northwest and Southwest gJarters of Section 11, all in Township 23 North, Range 5 East, W.M., Ding County, Washington, described as follows: Beginning at the point of intersection of the north lire of the South half of the Northeast quarter of the Northeast quarter of said Section 10 with the westerly right of way margin of 148`h Avenue SE, said point also being a point on the existing City limits of the City of Renton as annexed by City of Renton Ordinance No. 5147; Thence easterly along said north line, leaving said City limits, to an intersection With the Section lane common to said Sections 10 and 11; Thence easterly along the north line of the South hall' of the Northwest quarter of said Northwest quarter to the easterly right of way margin of 148' Avenue SE; Thence southerly along said easterly margin to an intersection with the north line of said Southwest quarter, 'thence easterly along said north line to the northeast corner of the Northwest quarter of said Southwest quarter and a point on the existing City limits of the City of Renton as annexed by City of Renton Ordinance No. 4829; Thence generally southerly, westerly, northerly aad northeasterly, clockwise, along the various courses of the existing City limits of the City of Renton as annexed by City of Renton Ordinance Nos. 4829,4760, 4924, 5203, 5161, 5096, 5147 to the Point ofBegirn g. 20090896000472.007 Branch :VVLK,User :CSCU Comment: Station Id ,.F.IDG NA : 201 08090@0755 1111, !! 111111i 1 Puget Soundrnergy, Inc.. 1U5ET9S0UoD AS Attention: RAN Department 63.00 0B; PO Box 9713341 Est DSW 0a/e9/2012 71: f a KINL COUNTY, NR Bellevue, WA 98009.9942 (tach Bergman) EASEMENT ZJ ORIGINAL, REFERENCE #: GRANTOR: TOLL WA LP GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lots A & B, KC BLA #L041-0055, KC Rec. #20041223900001 ASSESSOR'S PROPERTY TAX PARCEL: 1023055023 & 102305-9390 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, TOLL WA LP a Washington Limited Partnership ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washinglon Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclualve perpetual easement over, under, along across and through the following described real property ("Property^ herein) in Kfng Gounty, Washington; LOTS A AND B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER 1-041-0055, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF WASH(NGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon That podion of the Property ("Easement Area" herein) described as follows: EASEMENT No. 1: THE SOUTH 30 FEET OF THE NORTH 113.5 FEET OF THE WEST 14 FEET OF THE EASY 57.5 FEET OF THE ABOVE DESCRIBED REAL PROPERTY, EASEMENT AREA IS WITHIN THE PROPOSED LOT 15 OF THE PROPOSED PLAT OF EAST RENTON. EASEM ENT No. 2: THE SOUTH 11Y OF THE NORTH 113.5 FEET OF THE EAST 57.S FEET OF THE ABOVE DESCRIBED REAL PROPERTY, EASEMENT AREA IS WITHIN THE PROPOSED LOT 15 OF THE PROPOSED PLAT OF EAST RENTON. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Undarground Facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optio cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion or its systems, Grantee may, from time tp time, conAmcl sueh additional facilities as it may require for such systems. Grantee shall have the righl of access to the Easement Area over and across the Properly to enable Grantee 10 exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance- Grantee shall have the right to cul, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, an a continuing basis and by any prudent and reasonable means, the establishment and growth cf brush, trees or ether vegetation in the Easement Area. 3. Grantors Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shalt do no blasting within 300 feet of Grantee's facilities without Grantee's prior wi ieen consent. 4, Indemnity. Granteo agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence In the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. East Replan EXCISE TAX NOT REQUIRED 105069D62 & i070450751081364 page 1 of 2 King Co. Records B , I �eputy KING,WA Page 1 of 2 Printed on 413!2013 2.00:31 PM, Document: EAS 2012.0809000755 13ranclt :WLK,User :CSCU Comment: Station Id :EIOG r S. Abandonment The rights herein granted shag continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining In the Easement Area, shall revert to or otherwise become the property of Gra nlor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially Inslalf its systems on the Easement Area within any period of time from the dale hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without fmiling the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns, DATED this C'JL day of J iW(Z 2912 GRANTOR: TOLL WA, LP, a Washington Limited Partnership BY: TOLL WA GP Corporation, a Washington Corporation ITS: Generale BY: Erl pbe ITS: Division President STATE OF WASHINGTON ) )ss COUNTYOF ) On this W day of V SN 2012, before me, the undersigned, a Notary Public in and far the Stale of Washington, duly commissioned and sworn, personally appeared Eric Campbell, to me known or proved by satisfactory evidence to be the person who signed as Division President, of TOLL WA GP Corporation, a Washingto n Corporation, General Partner of TOLL WA LP, a Washington Limited Partnership, the limited partnership that executed the within and foregoing instrument, and acknoMedged said instrument to be hislher free and voluntary act and deed and the free and voluntary act and deed of said limited partnership for the uses and purposes therein mentioned; and on oath stated that helshe was authorized to execute the said instrument on behalf of said limited partnership, IN WITNESS WHEREOF I have hereunto setm a d and official the day nd year first above written. (T! n ture of Not ), Nohry pu4gc (Print or stamp name of Notary) t)tih ttr y Puttii�gl1 NOTARY PUBLIC Fn and tw,the le of AARON R 1(OPgi Washington, residing a1 jlJ AW111 My Appolatment I'xptref Aug 28, 2013 My Appointment Fxpires: East Renton (05069062 & 107045075108$364 Page 2 of 2 KING,WA Page 2 of 2' Printed on 4/3/2013 2:00:31 PM Document: EAS 2012.0809000755 WA-12-073—FP LVD -10-0485 CLAREMONT AT RENTON � 2f ozs PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4, S'L&T- 10, T. 23 N., R. 5 E., W.M. CITY OF RENT©N, KIND, COUNTY, WASHINGTON QMER'S A Ji FL09Y5 WP f�. F N P KFMOA ALL PEDDLE NY MESE PRESENTS THAT FC. THE VNDERSICNEIC OMIERS OF INTEREST 14 Mk• LeNO ' .F V'NE'V AND NPIFCVED `Ii5 OAY QF HEREBY SUBDI LIED, HECEGY DECLARE THIS FLAT TO BE THE GRAPHIC PEPRESENTAION CF THE $LLB -,Vswp _ . AM HERESY, AND 00 HEREBY DEOICATE TO THE VSE OF THE PDEUC PVRLI%R ALL SIIIIIE, AIA aVEINE� _ •'.. UB l, -IE USE NPT INC SHOWN a5 PRIVATE HERCON Pl10' FOR PUROF FDR AND PUBLIC PL INCDN5:SIENI WITH THE USE 1NERf0F fOR PCR4O HI<a1wAY PVRP05ES. �V Y BUT AND ALSO THE RIGHC TO.MAXE ALL NEgE$$ARY 5LDFE5 FOR CUTS AND FILLS LIP THE LOTS SHOWN THHAEON IN 111 CRVIG L REA$ONAB _ WNLSi I GRAD'" OF SAID SiREEES AND AV5'NUES AND FURTHER DF.DICAIE TO THE USE OF THE FJPLrC ALL .. FA$ETAENI .. AM TRACTS Sx0Y91 CN mis PLAT FDR ALL WAI(: PUNl'CSES AS INDICaTCO THEREOHr. .. IN INC BUT NOT TO PARRS OPEN WACC, PETyE$ON ACCESS. AND PRAINAGE'UN..ESS '• ... ';,,CITY OF-.' kUAYOR ._: •....." _ 3 SCL9p SUCH TRA S(T,fEHT$ OB 7RhCF5 ARE SPECIFCALLY ICENTf£O W 'HT$ PLAT AS 9EIN6 OWICATED OR C 4EYED S BEIFIS pplIyy 7D A PERSON OR ENTITY THAN : E%.VAIN ', ApKc,, D 5 _y�i ✓ _,_ DAY pl �`.; 2Q_� -' -- OTHER THE PLUM. W v lfA CASE ME iG NEREEY OENCATE AND CSM. $VCG STREETS EASEAC]fTS, Oq iftACIS lC TIME PERSON OR INT,TR ICErvr;FIED 14D FDR THE PURPOSE .... AMD �:, � A' x`T„ ,.. ,..... FIIR MER, m[ 'ukpER$ICNED DWOR DR TY.E LAND HEREBY BOM DED, YA'JVF FOR ThE1.l5ELVES. FNP ASSl0N5 PND Ah'I ME BUN 911 RENT DERIVING CELE F'BOM TIE UNGN SI"I U -ANY A�ti`U PLL GENIUS:, P FUR DMATIES ACANST THE CM OF REHTON, ITS SUCCESSORS AMC /:OR NTNCLY LIAV BE OCCADANFD •+ _ £;ITT OF RFNTGSN •5 13 �. tlY; THE ESIABLISHUENT, CGNSTR MN. DR HAINTENANCE DF ROADS AND DR DRAINAGE SYSTEM$, ynmlN THIS T I 7'' y _ .EITT .•,, ....'•• SVBDIY1SlVN OMER THAN CLAnP$ RESDLTNG FRMA IHNDEOVATE MWNTENANCE pY,TIE IFFY 'R ON. EXAMINED MD APPROVW TRIS UAY..OE' _ _ ..—"4 1-b FV R1HEfl. ME UNUERADHEO OYMEH$ OF TRE LAND HEREBY SVflDIWpEp AGREE FGR MEMST�EL T'EB. TipLi HEIRS ,�i;1,,��P;,�• "a �.. AND ASSKNS TO IHIW4IFY AND HOLD THE CITY OF KEN .. 139 SUCCESSORS AND AQUI& IkARMLE$SFROM ANY DAMAGE T LUOING ANY COST$ GF DEFENSE, CLAIMED BY PER50N5 Yn TRN OI{ WITIC11. T; [IS SU3C HYSIOn cRy CLFNH 70 HAVE BEPI CAUSED 8Y 4-„TFRaTONS OF 114E GftVUNO SURFACE, YEGETAIION, E; RNNA'.X,Ly(j SJRFACE'..H SUB -SURFACE WATER - T§J1I YUIMITI'A 510N OR BY ESTABL141BCNT, CUTRLC119N O MArN1ENANtjE W -'< ROADS W7iN MI5 SURUIVi SIW F VVE0, THIS WAITER ANLL NOELWIFICA - SITALL NOT BE CONSTRUED AS RELEASING THE CITY OF RENTON, ITS SVLTE55ORS OH ASSIG.`TG .`ROU LEA94LSTY.i09 DAMAGES, V"OLUOINO THE COST CF DEFENSE, RESUL CNC IN 'AF CLE OR '.N PINT FROM %F' -r NEGUGENCE OF THE CfT GF "EN�OR. ITS SUCLE5SOH5, CR ASSItNS, UPON M{ RECORDING OF THIS PLAT, TRACTS A AND B, ARF HEREBY CONFUTED A49 GO'iM£YET]�IT7 THE LYAREMCN'T AT RENTQNV FIDUEOIANERS ASSOCIAHDi (FICA) FOR OFEN,5DACE AMO REORT A^?lN, OI<N FYSHI?.:' AND MAINTENANCE OF SAID T, ACTS SMALL BE EHE RE$PCN5IO,4TY Of ME HOA, TRACT 115 A 5iVAlA'• ” CR AINAGE ]HRCT MID 5 HEREBY COH EYED TO THE CITY OF R"7g4 CR ITS SWESSCR ACEWY FOR OWNERSHIP AND ILIA' IENANCE PURPOSES. TRACT XIS FOR FOTVRC'DE4ETOPMEMT, ANO S"AA F'E4AW 1N TI:'E UYd10 h P' TCML WA LP. IN 'HE EYENT THAT THE Hoa Is DlssgLYEO OX•OfHET?IWSE EMUS is MEET FS PFI TY TAX OBLIGATONS AS EVIDEf+CEO BY NCN-PAYMENT OF 7R PERTV TAXFS TOR A PERIOD OF 13 MC,?,MS, IHEN EACH LOT IN THIS MT SHALL ASSUME AND HAVE -AN MU& AND UNONDEB O b!`ISHIP INTEREST IN Rif TRACTS PREVIOUSLY OWYED BY THE "EIA AND NINE ! ME )ITTNDANf FItIIpµWFL AND 0A NTENANCE RMONSIRIGTIE5. i THIS Put 15 SUBJECT TO ME OEClAPATON OF COL'EN HISy'y}I ANS„74NO JiES1RICTFIy!$ FOH fJI.NEMWT AT KENTVN RECOROFD. UNDER RECORDING NUMBED. _ �'a.”}mad. ,351' THIS SUBDIMSIWI, DEOICA TON, WAIVER OF L IMS AGRELME.4.T. O HXD HARMLESS I,q, UaDE A ,HE FREE CONSENT 0.1.11 IT ACCORDA.4CF, WTI THF, DESIRES OF SAID, VANI>9S, IR WITNESS IYHEREDF, WE SET OUR HANES AND SEALS;' IML WA LP, A TSASiANGTON IVIIED PA.RI'.4FPSTMIP BY: TOLL WA CP COPD, A WASNNGTOH CORPORADQN R5: GENERAL PARTNER BY; x Cu— ITS: DNTSIDR tSfDEM AEKtf0WLFQ.GMFNT STA'.E X WASH NPION ) 55. COl;N1Y OF KING ) I CERWY -IAT I PION OR HAVE 5AT111'AC TO kY•�kvpEP.CE TIINi.1 H. OVTPSELL G THE PERSON WHO APPU In OE70RE PE AND SWa.1F{RSDN ACkTJ3lYLFOCED THAI HET SIGFiEJ THIS INSTILMENT, ON MTH GTA'eED THAT HE Was AL?KQEMR"TO .EXECUTE TI:E IfM57fN41YEn`f ,NO ;ILK.Q LLEG!ZC fr AS THE iWASION FAIS1DIW{T DIF TgLL Wk CP P,,, I, Iws(tNb'10F1 OOELSpRAl10N THE G4rili7L MICR H OF TDL7 wA CP, A Y(A$NL40jplj LFIfTE•p PknTi TC BE T-SE.(RCF ANh YDLUN$R,Y ACY'9f SUCH EN (TIT FOR mE USES Aril PURPCSrS UF'MAITNED IN THE it, Iyu VERT. CATER T"arti �.znr��S''i�-�CY1.�`_•_�.. }.,'r--.:•,• {SIL'hLSTWiE OF N41ARY) F T--1-- 5 ! � � . {LEODLr Prslwr Da siANIY. waE of NOIZ{Ll) . NCIARY PU9lTC I D Fbfi', TFTC STATE OF'.N S.IINGiON, - ' HCSEDING AT e�-;oC MY APFDINCNEN7 Fi:PIR 5 �J.L •4Z:3ys- � VICINITY MAP (N.T.S,) 1 HEREBY CNH THAT THERE f8£ ND OEL'NQVENT SPECI4A A55[SSMFh'TS M1SSESSMENIS 4ERT:FIEV FO EHE Cfry TREASVHEH FIi4,LCU.iE,T;DFJ OH AM pCOkCATFR F R STREET$. ALLLYS ORI.O FXLR PUBLIC US{S: AR2.PNO W F FINtNC�61R}�`y�l K! N TM b . CF ASSMIdEpTs EXAMIN,M ANO AFPPO;-i!. THIS 2fo7N.,{;AY OF; +...._. C PARCEL NUMBERS -023OW90 AID 1 NC 1 CERPIT IHaT', A.L �RaPF_HT1'"TIV(ES' 'A�FPAID, TTi4T THERE ME NO cI INgUENT SPECIAL ASEE551AETITS CERIR]EO 'TSI TH15 OFFICE''DR. COIT.E: MID -T ALL SPECIM ASSESSDENTS CERTFIEO TV TWS OFFICE PAR :cI=cIIMI, ON ANY OF "THE PROPEERY t Nr1NE0 DE i 11E0 AS STREETS. AL OR FDR!nV.. %QTNEE• PV@IC VHF, AHF PAG iN.•FD�.I '7145 c 'NY OF LAND - 1 HE:REE scaQrv,S �HE.5li� nu; BE i JOB NO. 12037 SHEET 1 OF 5 • r.,:ocv ..� rkh RSryINGt �A,e CQ.nYIL THIS .Y�....� DAY OF 'VSTM. RND RIDI IN VOLUME S{ ;MHC LW M'Y. ryASIaN�CN. 0.i RENTGN IS BASED LPON AN ACTUAL SURILY PFNO RANGE 5 FAST, W.M., TINT TeX COURSES AND D:EVNCES 1,F175 'ArLL BE SET AND THE LDT AND BLOCK CORNERS [yP 15TDP�EH SHAE+E 4FPNE5 FFXYC55'VHAI IANp SUR�EvpR CII GIATF, sscc M.0. X4 2a k ASSDe6KI,F A.O. 8011 25) 4lOOO�NVI{4E, Yb5 96912 PNDNE: (A25),Afi5-1252 n Ts- e c,im�aiF�e¢5e aoL zsz -c 9z3 CLAREMONT AT RENTON Llio—lfl-a#S PHASE I SE 1/4, NE 1/4, SSC. 10, T, 23 N., R. 5 E., W.M. NE 1/4, SE 1 /4,10, T. 23 N., R_ 5 E., W.M. CITY OF RFNT ON, KING., COUNTY, WASHINGTON LDTS A AND V OFKNG MOW OWNDMT LINE ADJUSTUENT NO. LOILDDE5, AS RECORDED LINGER - RE OROIN6 NO. 4OOIT 3i390601)1, RECORDS OF KIND COUNTY ANON , - SNUTT IN THE CITY OF REN104, CVONTY or NNHO, STATE Of WASHINGTON. 11fNJs dFcoa •"' $J1 I. "1T,31ECT 10 NE OF TAP W CpA'%=CN CPAAGES WMCK PAYE BEEN CR YIP.L BE DVE N .• COFfl4E1:(dll Y'mMMVELDPNENT OR FK-OWLEOMAENT Of THE LAND 0S DISCL05LD BY WSTRUa4&1 •• ..• -• •• -;' ,I,' RECBRM15 UN" RE00RDING NLTNEER 9866210966. NOT ROTTED MEREON. • . 2. $Fl�f[[T TO AIL [p2µ4312, OCNOmO8, RE$TMO11OX5, RMMAT,BNS. LASEMOCS 9LLPSED BY THE SHOPLOT RECOROM UNOEA RECCRIXNC.fIvI�R'?Bos1DD672:'� RE SJ FIs $EWER S*vim WHH THE T1EIl: ESSAZY PACIJTIEB AN PTHEH EQUIPMENT FOR THE FURPOM OF SERVICE To 176$ R181TM`y`ON AND UTHIa. PRCIPFDIY TORI 5EWER MWNS AND SEWER SERACE 1041>0NHH THE NO i •'..RIGNi TD ENIEH {AF'ON SAID EA5EW7 AT ALL TIMES FOR THE FORFOSES STATED. 3, Tq DECLMAL OF 0782 INT IMPOSED HY MSTRUMEN1 REOORDEO UN16 RECORDIMO M, B'FH, 69P9Y31297. FFMY PLOTTED HEREON. ,.....,, ' 4. sMECT TO i1ECIAPATTOK 9F O%SKAMF 1A,"SED V v"umENT RECORDED .VnDER REf f1R'71h'G�)1UUDER ` �ESZIRS.0 ONS FOR CRITICAL ARES --ANO CRII3CA{. AREAS AND80047'11226. NOT RUTTED HEIIIECK C�L�5�C1LrsGrLrQ�n .. - Y 5. WIMEDT TO TEAMS AND EONOD10N5 OF CITY OF TOH DRRVUNCT NO. 40]} ILl1 4 uY IMSERL;N TTT PDOOPDED VNDHi RFCCROM NMMRFR 8812031155. HOT PLO= HEREON. - OEDICARCN OF A CPJTCAL AREA TLU,CY�GRIM11 ARS.A, AND BUFFER COH1(EYS TO THE PU9LIO A OENMVF L " 6, $d7B1ECT TD ALk TENANTS. MMIGE INS, RESTRICTDNS• RESERYA110M5, EiSEmc-ws OR OTHER', INTERE5T IN THE lAfm MIKN THE 'FRA GT'/i HI]CAL ARFk ARO 91]TFER 75 IHTEREST INCUJXS PEE PRCSERVATION OF NATYE 4EOETATION FOR tL PURPpS[j+'TrygT eENEFJY. THE PUBUC HEALTH. SAFETY AND „ $E%66TUDe5, IF ANY, tIscI.CSED BY lYTE B6UNGAAY LINE AM;UST7.ENT RECORDED UNDER NECOWI T.� YkLFARE, IN0.ULTNG CONTROL 0:• SURFACE WATER ANO EROSIDH,'.MAEHTENANCE OF ROPE STABILITY, AND NOT NUMRFR 2004122M000C1. NOT PLOITF➢ Hf3EFAN P' 71AC: Pl]ITCA4 AREAS TRACT/Ci2hCAL AREA AND BUFFER FftGTECFICN #PLANT ANO MDIAIr HAOITAT. 1%.W IMPOSES VPttf AIL PRESENT AND-FLJOPE DYMf RS AYIO OG"N' OF THE LAND SUBJECT TO THE 7. SU9IECT TD M EASEMENT TRANSWSWA. WSTRIHUITON AND SALE, T7e Hjp5 Ak0 E1:6OTRCTY ARC ME TRACT/CRtTICRL AREA mo ENFFFA *16,06UGATION. EWFDp'COW ON SIDWF DF 1HE POMC BY ATY OF 77:j165 MEG COh91IY]MS IXETiEOF AS RECOR➢ED UNDER REGORp1NCr 11UMBQi 2fi0BOcz!6Odti7.4D, PLDTTED ,•.'• REKTDn. TO LEAVE LIHDISNRREO AU.- T1>6F5 ANO DTHER KGETA'f10F{ miHIN THE 1F41C7/CRI}ICAL AREA MID HEREON. ,: '',T; .•. BUFFER EIICEPT FOR THE PURPOSE$ OF HA,9ITAT EMFL4ICEMENT A� PART Hf EXHAXCEMEHT PROJECT. VEGEIAT10N YARHI.N Tk+E, TRACT/C. CAL'AR 11 AHF1 BUf7ER % NOT BE CUT, PRUNED, COVERED BY 6 $UOJFLT TO THE TESUAS AND COXQITIQNS aF CITY OF RENIOM CJ2011:NICE NO. 5959 [1NpO5E0 6T tY TEL, REMOVED OR OAMAGEM NIRIWT AP PROVA4'M, IYRNWG FROM 1{E pTY DF' IEE.Y70N COIIMLWITY AND INSTRUMEKT REUKOE`D URGER RECuWNG NIIu BER 2DO90BO6ODDA]2 NUT OT1E6 HER. N. ,, ,P.L EMNCVI UEWTLOPMENT [DH HS,$000CSSOR ALEMdT,. WLESS OTHERAYSE MOVO)ED BY LAW. THE COMMON B0.IMDALCI' BETWEEN THE TRACT/0SIVL AREA AND BUTFER ANG T E AREA OF CEVELCPH NT AOTYITY MUST BE MARKED OR GTHERWKE FLAGGED -9 TDE $4RSFAC 7I O`7 CF CITY OF HEN IOD PR1CR T4 hNY '1EARIHCr GRA01N0_.q.Rl➢INC COHSIAUCTIOFC'OR C2k)ER J1814LOF'FAEN'i ACBNTY ON A LOT 5U5]ECT 70 THE CRITICAL AREA TRACiXFRI CAL AREA AHp JjJTI R 7}1E HcP11RED t3ARKNG Ui FLA[ -0 SHALL RF11AM W P CE UNTIL AEL 01.4 PM'NTPRQ&L'•P,CH4iTIES: , h5E'WN17Y # THE 5.. ARE. ARE C611PLETED. ` '• NO RULDWG FOl1dOAT10IY5 ARC AkZ Y+ P BEYOND THE K, gUIIFD 15LkgOT BUILDING $EMACC UNES, UNLESS DTHERWSE PROWOEC BY'Cy W. T. FFR$ ROM AND STORM ORAINACE SYSTEMS HAVE HELM ACCOM9N M THE APPIIDWD PLAN _ AND PROFILE ON FILE WITH RENTON OEVELQPNENT SERVIC%S D'A ANO AH1r'OElAdTON , [V-�+ THE APPAOYEO PLAKB LALL NEVMIR5 ATITTEN APPROVAL FROM THE PROPER AGENCY, fG! R TLY RENTOR SDLVELOPMEITT SEFTNOE5 GWh10N. • • NOTES, _ Z. ALL allIlARr DOWN SFWTS. FQ"O DRAMS, AND TZFROM ALL IMPMMUS SURFACES MCH AS ALL E ]MND DO'ANSRP13'H: FW1N0 DRAN5. d*JD�+DRA`b FROM AIT IMPERVIOUS RRFACES R1 CH AS PA --10S AATCH MED MRI c-fA n SMALL BE DpFiNEC7ED l0' PFJiNIJl11T STORM DRNN O1ITLET AS 9tiOY41 CN TETE APPIUY+f6 CCNSiRWCTON DRAMINGS ON FJ 49FTF� pTl # R[H1T),`{. THIS PLAN SHALL ANC MHIVEWAI'S•SHALL BE CTTMNEC M TD 7TTE PERMISE T'"T4iM DRAIN OJTLET AS SHOYM M THE jR-1$SIDI BE �TEi} INTN TME iPPiACATICN OF A..IY 8IALEIOID PeAMIT. Af.L,00NHECT. S'OF IME DRAINS MUST APPROYF,O.CDN3TlnM110N DRAKYLGS / R-34'ST91 ON R ri114 TXE CITY OF RENTOR- THIS PLAN SMALL DE gtBM D YATFI ryyE APPJ}C4TTOFF:OF ANY B.T0F1O P£NLHF,-4LL CONKECT10k$ # il1E DRAIN DUST BE 3E Ui,'lE0 AILED !➢FROND F'R�DRN TD FTNAL ekTILG1NG INSPECTWN; RPPRQYAL ,TOR RIOSE LO15 ^pl5ifu5, CONSS.7UC:IFD AND APPR04EM PRldf(;TD TME FMA}', gJ1LCtIG'1N5°EC .0 APFROVYL- FOR 7µ0.5E LOTS THAT H1Ai M1RE OF(21ATED FOR iNPYI%iLL LOT 9TF1L1RA1FR1 THE SYgiFMS 3N4LL BE CCNSTTiUCTEO iAp•SHALL THE FikE, ,APE PESIQUiLO FDR NADLIIOVAL LPT INF1LlRAHO1�•SYS ;EM, THE SYSTEM SHALL 8E CONSTRUCTED AT 1}iE AT THE RME OF TETE BUILOMIG PFANIT CO3RY.W11H F1JAJ5:011 TILE=oF THE EU:CMG PLRWT ANG SMA1E%CANIPUY W9IW7' HE KARS DH FELL OR PORR011 Of A LOT IH THIS PLAT GOTHIC BE DIIA-4M .ALS ORADLO OR ONNERSMP J, MG LOHANOT TT MAN YeIE AREAOR ARE�ED FOR THEYTHE USE- Df9TRCT �IFt. Er ANN ACH OCATEtr� #THS PLAT SHALL BE 1.E55 - 4. THE STREET TRELS SHALL 9E O tv 0k0 MAWTNNEO BY..RiE ASUTTMG7 L)j O',N,'ERS 441R6 'P.US 793LE•; ADD4K%SIND TABLE S 74EKE SHALL 9E NR DIRECT VEHICULAR ACCESS 'RFA, OR FROM 11LE AYEN IF RE FROU T E L075 Y.HICH CPT LING- DST. TO i, 6.® �: 1�1AKTT LOT "I'MTOMB NAM 1 O N 1TA.k6R PL NE 17, 1 �2. 2 nh 8M' P 4T 814 k7 PL NE • ,, 1 ¢ -,O_ { 8 NT fiSX ER PL HE '415 .33 9 _ 2B P EMER PL NE TTf ER LME ] F 1i11c Ni PRiDVI$14�1,4 JNO7E5: .,;.I ::-.. 8[]" 5'43••' tea" aaxen PRL ae ibfYLRE- ' ] 6 6.75 9 90 +-A WE f4$EI;IF_Ni5 DE ZED ON INE MM SK&...i THIS DCW- P3AT AF** FIR THE LWVTED PURPOSES USTLO fl"$p, :-0kl2'MNG 1{G RECORDING Cf 7}il6 FINAL PLAT AS 5?ECtF1ED ACOOPIHIIG 9 .- 6.45 ,' IALA _ iM �- 866 - 94M FR PL E 07,• /TRE H,ER[BY TCI T1C RESER'ThT "g LT6TTJF SELDW:• _ 9 i } II SS 11 957:4 f'E 6 12 581 NE ITN THE CRY OF RFMCN sykLL HAVE TvE kIOMT TO ENTER Vii€ PHNATE DMJIIACE EAMMENZS 5MOWH HEREON f6jP1 '6 _ 6 13 SETS NE TILE _ TO 4VA01 AM DEEICIENCI65:i1F THE OR4NAGE FAp11TY IH THE EW W NE OMNER(S) NS)ARE NEUumfr IN t6 17 6.K t5 0 6 1'M PL THE MRV.TiDA]tCfi OF THE I)R9tHACE FAEIIHFS:: :T'hTSE REPAIRS SI.JJA Ti AT ME CYBJER'S COST. 17 1 '.• 6 - 1. A4 &.5E EST IS HERE6Y GRANf0,WO COKV61 P TO tK CfTY OF RENSCF4 KING COUNTY WATER DIETRICT 14 2L1•, - ] T B4xEfl N JI30, SQMN0 Ek EAGY, GWESY, •,ON AST. T,F.E mNEN6'47F ALL LOTS WIT•6N .PjS FLAT AND THEIR aw MooANO ASSTGFS,+.UJIDER. VFON THOSE EASEMLTTIS DE5ICRATED AS zD 1 •', _ _ 6.21'�*; ' ~G.?D -1 &9AFR E 811 NE Im Vrt]i qND - `J.T!LHY EAS ETeENi'°, IHE'E50ER1DR 10 FtV',5VAUUJE, WOi AND ADJOLtlHG THE STREET F23NIAGE OF ALL r�i� I NAME +l0 BAITER AVE N LdT"s MID TFACTS W Ywal'2Q INDTM, IAY CDNSTRUCP, RENEW, CPEYHTE AND WMAN UNDERGROUND 7 (USE I i 6. 2 R AVE N COMDVRS, CARLE, P1PE491E, WIRES, AND SIDEWALKS WMYM 11TE NECESSAPY TACunm AND OTHER 3 8.2 22 5'fQ h[ 8TH ST EWIRMQAT FOR TT14. PUA. SE IR• SO THIS SUBB��S'ISION MU OTHER PROPERTY MTH ELECTRIC. - 4 8.37 n PHONE .TSl9e.E Y.Y: gE '-SEWETL NATER AUO PUNJC MED PFWAIE CRWNAGE JOG EfH ER W1M ; iFIG RIGHT TO PNTTH UPON 7HE.S EE FT ALL TWES FOR THE PURPOSES STATED. NO LINES DR + 31 _2,5 648 G 53 24 5613 NE 8TH ST 25 819 NE e H ST 1YIkES FOR h'. TRANSMftm OF'Etf1`Ra WRREMT.:OH FOR' eLEM-AO +E J5E. CA8LE TELEWSIOh6 FIRE _ B 5 a 16Z5 NL U. ST DR POLLEE SIDNFI. FOR 61HER PL'RPMBES, SRgLL.yE•PL4GE0 UPON MY LOT LNLESS DTE $A4e$ SFMLL 44, L1RDE(�R011F[� 91L RH CDNDu7T NTAp+EO, K1 0. 9UILOIM1n. • ti BOT L4^XEH PL HE _ OD? eN{ER PL E 2. THE IH rol r NIDE PRM1JA'j$'DF'UN40E 6RS'EM6M M9 N LOTS T3 tHRM04 15 IS FOR THE 8Ei3EF`T QF' 26 LOTS LA T(IRODWN L41 THE CIQNEO. CF sk�h�wLOIS SIM6L BE RESP NSIBLE FOR THE MADITENANCT HA. ]6 TAAT POIXINYN ffiF »e! MPA3EE°y9 F.4GItlRFS IM WWW WE BEKEFIT OF LIE, AND SH,41 EOUALLY SNAR fµ45 COMMON. -' • 7� T 1N Tl✓d 3LYlTEFM1¢CE :{Df PQRiICH # TYKE DRA`HAOL FAC63BEt k15'EP !M ',, ' 71fDY 3. AN FTLSEAkE1T(_ lg 1SEIZE9Y ,nwlt, §N`3 "ED TO Alwu COI:HTY WATER ONTNGF J9O UNDER, OYER: ]2 ANO 1,pgy 11AT RORLIDN:GF gR6FT' A DEPICTED DEFFON AS YL`BHC IYNER EASEMENT, IN WHICH TD JN�5�EB'+A?�X4��yLFfY CW RULE. RENLW;.OPDRATE ANDMAINTAINUNOERGRCUNG WEAVER NAIK5 V4FH THE 3] 34 4 35 McQC FR ES .$N0 OTHER EMmEDV FOR THE EuRPOSE # smvcE TD " $L'BDNT51IXN M0 ER R7H%RTY WITL'WATFA TOGEIHE7i WITH THE RIGHT TO ENTER UPON SAO L45EMEM AT ALL TTML5 FMR ALE PURPAWS S]JST 3 4, i�`,fALMF.Ni 5 •F4}EgY 7pllfn p14fD'CGMfcYFO T4 THE CV DF NENTON UNDER. CJER AMC UPON 1Fq c'..Ps7A]iOHS a MAST M, LOTS 6 MR 9 DECOCT® HEREON AS 'PUBIJC Sn EASE+IENI•, 1N WAkEH LYP JNGTALI. lAY fpNSTROCT, RENEN, OPERATE AHO MANTAIN UNDEHCHPJNO SC; MAFIS ANO $EWER S*vim WHH THE T1EIl: ESSAZY PACIJTIEB AN PTHEH EQUIPMENT FOR THE FURPOM OF SERVICE To 176$ R181TM`y`ON AND UTHIa. PRCIPFDIY TORI 5EWER MWNS AND SEWER SERACE 1041>0NHH THE k •'..RIGNi TD ENIEH {AF'ON SAID EA5EW7 AT ALL TIMES FOR THE FORFOSES STATED. •y 35115 ..r :RCI STE,C`:g5a `0^Dii iAaD EWIRES �j JDI6''?J6_ 12637 SHEET 2 DE 5 Mead Gilman & Assoc. Professional Land Surv�yors P.O. 80X 289, WOODINVILLE, )+A kSD72 PHONE: (425) 486--1252 FAX; 9ENIDN PLAIT 1311.1 PAGE -02] GF 0!5 v L xei PO B25 ' xiNG CO,.N.Y, 9R LLA --1 2'--073-FP LTtO-10-0495 too :P67:I.5'L:4L -T P PhGE1.9� EQUIP! A5 ELE b�3p'X��L 1�7�D 11..4-1�Ii =•1: BLAIN .. '1GA-U! Tq�00 1. PLAY AT P. CLAREMONT AT RENTON PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4 ' /4, SEC:::.. 10, T. 23 N., R. 5 E., W.M. CITY fOF RENTON, K 'G- , COUNTY, WASHINGTON LLJ -J ` \� ifNPLl7 z� 7RAGxT G =. '' N easo'al' w I, '.... I I L47 yep I I gHAE lZ..::1 a TRACT AY:' � _ 'Ig NI � be ;q)F D G.F W p D f 19-v P& C Sam6f SEWER ry� £SMT. SEE E5MT. PP. W. 1 VOL. 241, to 13.94' N IIZTTI' 647. SEE ESMT. NO, 1 SMET 2. ^ Y I I y T :Tj ( WRE pEYF.IGZEsr,II I � 794546 + uG TABLE_r�=� r, 'i�n15 I 7 47.82 (R1, TR. r1 DELAN P IA 97 Vol'. 2�C � VSO PG" 1.'15 1 ©ll1 O MCNSE :�EPVt[Cf 1 FOR 05100 [ISY FRET rN CONTROL I 11 � �1 i� 2 _ � - r { MONUMENT NO. 1852, (3/27/96) II I J I] N 160904.0837 S'BECORpiA IN YQWME 25B CF PLATS, AT USE TABLE T ME LENGTH CIRECRON ti 41.a7 M 65'Ir52• W L3 41.24 N 59'02W" W t3 53,73 N14'2956'W t4 24.76 t4 43'51'21' E 1.5 31AIR N 46'2710' E LG 28.01 H 15'20'51' E LT 4.5.O] N 6825'04 E LE 30.66 N 89.42'09" W L9 17RD N 19'09'23' W L14 1526 N 63'67'31• W LII 18.73 N 71F49'49" W 412 4481 N 2x3046" E 1.11 .70.21 11701`11' f L14 34.18 M 40'35'31• W` L15 44.53 N 44'05'37" W LIS 20 be N 3212'27" E L17 33,57 N 22j 19,W E LIB 3191 N 6253'27" E LIS 31.02 N 1539'10' E 420 40.35 N 0i 16-1 N- W L.21 33.26 N 21-15'54' E (,22 46.36 N 60'C4'54" E L23 22.40 N 39.4Y44' E 424 33.67 N 2rZVD5' E L26 2709 N 49'S1'1D' E L" M.91 N 40'40'07" E L27 23.96 N 0737.55" W LIU 51.38 N 271218• E ON T2, 47 N OrOV 8" E !SD T3.21 N 3F46-20- F'4B'90"55.12 65., k N 92'39'45" E 132 44.45 N C6'34'42- W LM 2673 N 35'25'13' E 134 21.,3 N 61'53'17' E� 135 I 22.90 N 02'0U'5b' W i3B BO -58 N 84'4330" E 437 5607 N 0556'24' 4 08 129.49 N 88'2o01' w i3S 38.4t N 11'45'03' E '• L40 29.13 N DS•25"U1" w 4.41 78.33 N 60'40'01- w - L43 rd3i N 16'22'49 �.'�:•. L43 85.49 N 3633'19" E L44 ;4.66 N 31-SOitik" E L46 30,36 N 011129" L46 4.57 N 33'09.42' E T 47 21.72 448 51.47 M.'69"J8'44" E LAB 7319 31 39'10'15" E L5O 194.86 ;ry 00' ] 7'34• C'T; _ too :P67:I.5'L:4L -T P PhGE1.9� EQUIP! A5 ELE b�3p'X��L 1�7�D 11..4-1�Ii =•1: BLAIN .. '1GA-U! Tq�00 1. PLAY AT P. CLAREMONT AT RENTON PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4 ' /4, SEC:::.. 10, T. 23 N., R. 5 E., W.M. CITY fOF RENTON, K 'G- , COUNTY, WASHINGTON LLJ -J ` \� ifNPLl7 z� 7RAGxT G =. '' N easo'al' w I, '.... I I L47 yep I I gHAE lZ..::1 a TRACT AY:' � _ 'Ig NI � be ;q)F D G.F W p D f 19-v P& C Sam6f SEWER ry� £SMT. SEE E5MT. PP. W. 1 VOL. 241, to 13.94' N IIZTTI' 647. SEE ESMT. NO, 1 SMET 2. ^ Y I I y T :Tj ( WRE pEYF.IGZEsr,II I � 794546 + uG TABLE_r�=� r, 'i�n15 I 7 47.82 (R1, TR. r1 DELAN P IA 97 Vol'. 2�C � VSO PG" 1.'15 1 ©ll1 O MCNSE :�EPVt[Cf 1 FOR 05100 [ISY FRET rN CONTROL I 11 � �1 i� 2 _ � - r { MONUMENT NO. 1852, (3/27/96) II I J I] N 160904.0837 S'BECORpiA IN YQWME 25B CF PLATS, AT E 13166223632 '. '� DRD14�N,VMB[R,?01102I'C71t37. 5 1/4 SECT10N 10-23-5E: FOu16H 3' ARA55 509014, ., © •10/15. ' ROCEOU� NT w/ MONUNEM w/ pUNCR STAMPED MELD FbA,ROTATgN, (3/27/06) fATION'.Wj$ USED FOR 765 FlM_D CITY OF Rf TOH CONTROL MONUMENT N0. 1x51. NOT NSIfE4., IC MEEi$0R EXCEEDS WAC. V N 106478.5273 E 1313999,6095 E4ST 1/4 [CIPHER SEG110H 10-23-5E FOUND 47,4' OONCREIr Nf1E�lI NV318Eft LD4LOG55, AS RECORDED IN MONUMENT W4rl 2' BRAT DISI SEI LS' DOWN IN CASE AT THE INIE05ECTUN OF NILE AVLNUE M PND NE 120TH ST. (3/06) 15, hT PAGES 222-223, UNDER 041223900091. AREA 7fi RE D�'j�iCATED AS R/W PriASE 1 E6.316 S.F. E AS KAUROED m VTAUME 021 OF PUTS. ER REG0R99•'C NUMEIER 20710211061137. ANE JAIS10NS 1. 2. ANO 3 AS PECORDEO RECORDING AT PAGES 29-39. UNDER y_ •OF1 WASN�.- P.ECORNUM IN VOL 231 OF �. UNDER1, C R NDER RECfmpNG HUMBER •.,. :E AS RECOMED IN MOL. 205 CIF FLATS, -• Rr.DhNK 110149ER 2D02D22M01891, y 35145 4i iix9 HiMR WITH 1 3/4" PLASTIC W' » EY,PIJIt3: S %+ iii"' JOR NO. 12637 GIPMN 6: ASSOCIATES J2434/J5145- V SHEET 3 OF 5 Mead Gilman & Assoc. Professional' Land-Suxveyo�& PRO, 60X 289, WOODINVILLE, WA 98�072 PHONE: (425) 486-T252 FAx: (425) 486-1 rb I I I I I Ir E I 1 1 1 I I I I I I I I Il I I I I I I �I��,111101107 F— - -N19x —T 0112013 11F13 57 KrNc —Ty. GR LUA- 1 2 -073 -FP LNO-10-G4Z SEE SHEET 5 OF 5 TRAGI X X t! VOL PG CLAREMONT AT RENTON PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R- 5 E., WM- NE 1/4, SE 1/4 10' T. 23 N., R. 5 E, W. M. CITY OF RENI�O'N, K(;.COUNTY, WASHINGTON T 5 SEE-SHEEOFOF 5 PHAO-F, JZ -,- 15 4 13 12 10 NE STH PL 4 9 032 S. 2 i' 5 74' 7A3 TA13LE 16 TAC 0 tENC*1 D;RE0TK>H/DELTA' WUS Scale t" '4q 6603 26I3'23" 150.00 M WOO 25I3'73- I5000 cl 33.24 P3702" 250m C4 32,60 1231'46- 50.- 05 33.23 1 12'41'37- 153.00 C& 1604 7635,16. 2530 C7 21,72 45-45'54 - 25,00 0e n 23.00 CIO 56 33.13 W&W 24'58'44' 15 - 76.00 C11 31.29 7U29,06, 171.00. k W57 Olm 17 1.00, 13 A7 'A"23' 17900 CII 12.112 1741 M' U9.00 C152S 00 Cie 32.44 44 W22'1 1' x.UQ V SE -BB W 15'42- 179 ilf) C'8 30.56 W00'53- 2S W CIS 17.24 W 271.80 C20 15.56 0022'06" 75m Li 18A0 N Or34171 A U 2665 N 4551'00' E 10.67 N 4:'5I -W- E 738 N 16z-32- C LS "ID l6 j 7-50 N 1 SIZ9,32, E N 1629'32" L CMIO SF. L P Y S.F. 6 e9,1755" w N 645735, w 100,0, X t! VOL PG CLAREMONT AT RENTON PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R- 5 E., WM- NE 1/4, SE 1/4 10' T. 23 N., R. 5 E, W. M. CITY OF RENI�O'N, K(;.COUNTY, WASHINGTON T 5 SEE-SHEEOFOF 5 PHAO-F, JZ -,- 15 4 13 12 10 NE STH PL 4 9 032 S. 2 i' 5 74' 5223 ss� 16 4 6b., 120 449* SF. ri Scale t" '4q SUM' V11 —5Ur. 5223 ss� 4 6b., 120 449* SF. ri Scale t" '4q SUM' V11 —5Ur. 'R WEI, ", 74. MEOV98 PLOD:' YC THE TOP:CF CkM, 'E TABLE DA SNEeT 3 FVR VUTMA C$ PftOl WKI! RLJG:TY�F.ADHT 7 PROPERtt CORNEk., SE- 1/2' A 24- i LEIAR Wy.R 1, 3/4' CRP • J., C SU 4' CQKR= HD?SLUJEIiT AITII 1. h/V WO= N eOrSY-S,s W 7 6 4.1 Sr. tPH OW10.115. -UT L Mli 101 PLN9CR FA0EASEMENTER REclod hweER PZR TER AM 55- w r. 52.93' A 8?57'W W; 4, SHE MR 5223 ss� r 4 6b., 120 ri Scale t" '4q NOTE V11 —5Ur. 'R WEI, ", 74. MEOV98 PLOD:' YC THE TOP:CF CkM, 'E TABLE DA SNEeT 3 FVR VUTMA C$ PftOl WKI! RLJG:TY�F.ADHT 7 PROPERtt CORNEk., SE- 1/2' A 24- i LEIAR Wy.R 1, 3/4' CRP MM?Vn GKtI.W aE.ASSOPATES 32434/15145 - J., C SU 4' CQKR= HD?SLUJEIiT AITII 1. h/V WO= 6 4.1 Sr. tPH OW10.115. -UT L Mli 101 PLN9CR FA0EASEMENTER REclod hweER PZR TER AM 55- w r. 52.93' @ PU EASEMENT�-SIOH NO. 4, SHE MR 5 r Gr 33 'R 3 2 7077 5.1. 7 J., C 6 4.1 Sr. L -LJ Z: 55- w r. 52.93' 5 4002 S.F. 16 34 k W57 55- W 105.00' Z L6 4- 8008 SF. a o .. 99 5000' "0. ZZv-M2 35 SF, M99 S.F. .. 5991 15.F. CMIO SF. P Y S.F. 6 e9,1755" w N 645735, w 100,0, 37 �qD W `2 e? 64 2 N e457,55, iY W TRA 4J33 5i. (OPEN SPACE) l. Sr IE 56SF^ C 14 _11,n- so Z7, S oil A 14 22 25 26 -,qTRACT 13 24 ill (CIPEN SPACE '071 S.F. 5503 S.rd S.F. tN3 9406 s -F. q 5 E XWF IR J03 NO. 12037 SHEET 4 OF 5 b Z Mead Gilman & Assoc? Professional Land Surveyors , P.O. BOX 289, WOMINVILF, WA 98072 PRONE[ (426) 486-1252 FAX: (425) 486-616E au, I . I b N 89'57.55- w 7 J., C 6 4.1 Sr. L -LJ Z: 55- w r. 52.93' 5 4002 S.F. 16 k W57 55- W 105.00' Z L6 4- ZS7 SF, ,6 5000' ZZv-M2 SF, 2 N e457,55, iY W TRA 4J33 5i. (OPEN SPACE) l. Sr IE 56SF^ C 14 _11,n- so Z7, S oil A 14 22 25 26 -,qTRACT 13 24 ill (CIPEN SPACE '071 S.F. 5503 S.rd S.F. tN3 9406 s -F. q 5 E XWF IR J03 NO. 12037 SHEET 4 OF 5 b Z Mead Gilman & Assoc? Professional Land Surveyors , P.O. BOX 289, WOMINVILF, WA 98072 PRONE[ (426) 486-1252 FAX: (425) 486-616E au, I . I OII�@11@7 �E� P Po. AT w on-noe aE evn. xfix 'r3°c-exs oarzsrxela 13:x7 LA -12 -D73 -PP CLARE ONT AT RENTON �a LND-14-0495 PHASE I SE 1/4, NE 1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE 1/4, SE 1/4 SEC::,, 10, T. 23 N., R. 5 E., W. V. N ee-w•a1• w CITY OF RENT[3�i, � k -c,,_ COUNTY, WASHINGTON SWALE'..,� _ Ii ,x -r eslss' WEST ENO Wr -UNE FEHOE- "" a ofd PROPEkTY �1NF. ' P o I RACT X :'PIIAI E r TRA TE I (D V00N) . 765a6 s.F. 7. w M1 o 0 0 z 40 U 49 so F PHASE - .p Scale 1" 40' NOTFS €w.. MU FRCh'T COPRERS ARE 74ARN(O WWII A LACK AVID LS w/�F1F1N a - :. � � I STAMPE9 '15145' IN A LEAP PiUG AT RIF PROPFJi1' , UN w(E _ cxN0FD T THT E W CUM r[70 TO TM?:AB PLUG ,AHL{ CN g FET S FOR D TANCES FROM CVRB PLU'.TO NTONT - - MOPERW CORNFR, S SFT 1/2" % 24' RER?A WI F, I V4" PL�T6: cw : w SiAF1 PF0 MEAD 6117MN h ASSOOMT(5 3243#{33,45 SET 4' s 4' C04ORETE MOI:WME4(•WfM 9RAS5 O1 SO wON ")('" STAN35'1'd5 !N SfANDtRC:• P.1NG COLW C,5E. (VNLE55 DINENWISE.No o) 7. Q1.1VlLRY EPSEMENT. 5EE EA,EMEI'1L PFV.'1SfINi`S, � SHEEf 11 10' 1,T FF5ENJ r PEI RGC934'-NG:: - .jNOEl, 240$0fi960aDI47:'.PL'RE,� AkTEP FASEMEnT TO KING CO, WATER MT 90, 5EE Eh5£NEhT. TR JL (J I l il.. PP.7Vf519Pf5, SHEET 2. I /"j l /\ IAG IA E -- TRC f LENf•TN (81FCTIDh'/OLiTA RA9W6 ' C9 ` 79.98 - L9 LiI 15.00 N 9$'29'9i� W _ i0 PRNPI CW �NAgF - PRASE I# '•.: EP$6RlEf�iONS NC.'. NOE/SEMEnF AN9w�JT( 2; •$HEFT 2,. 51' 2, a HA SE II 1 1{ j I N aga7's5 n 1., 5140 5.h =. yN 4]$tl SF .•. 5700 Sf. a ' ' ,O5,tl0' 1 SD S,F 1p g I� tl BO,Op' 50.00' �F 44.43' n NE STH PL r x 9 _ 1 1.0.5•.--_ �� N q9' _ - 16 c 33 32 y @. wAsy I SEE SHEET 4 0� 5 C jr 17 — — Mead Gilman & Assoc, 35145 ;c3R ssrstktI I " see SHEET 4 OF 5 Professional Land Surveyors JR4( tX EP�Fs, aye ! /1 P.O. BOX 289, WOOOINVILLE, WA 96072 1[�xl JOB NO. 12037 PHONE: (425) 426-1252 FAX, (425) 405-610EI SHEET 5 OF 5 Branch :WLK,T.]User :CSCU Comment: Station Id :ETOG AFTER RECORDING MAILTO City Cleric's Office City of Renton 1455 South Grady Way Renton, WA 98057 I III 1111111111111111111111111111 N 1I 20130326001108 CAZY OF RENTON COV 106.00P E-001 OF 0350312V2013 13:57 KING COUNTY, WA 0 DECLARATION OF COVENANTS, CONDITION% RESTRICTIONS AND RESERVATIONS FOR CLAREMONTAT RENTON, A SUBDIVISION Grantor/Declarant: Toll WA LP Grantee: Claremont at Renton, a subdivision; Claremont at Renton Homeowners Association Abbr. legal Description: Lots A and B of King County BLA L04L0055 REC42DO4122300001 located in SE % of NE Y AND NE X of SE h of SEC 10, T. 23N, R. 5E W.M. [Full Legal Description on Exhibit A] Tax Account Nos: 1023059023, 1023059390 DOCS Modified, N/A DECLARATION OF COVENANTS, CONmTJoNS, RESTRICTIONS AND RESERVATIoNs (CLARrmDN7 AT RENTON) PAGE I K1NG,WA Page 1 of 35 Printed on 4/3/2013 2:09:25 PM Document: CCR MOD 2013.0326001108 Braztclt :NVLK,User :CSCU ICcinnaent: r/ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR CLAREMONT AT RENTON, A SUBDIVISION Toll WA LP, a Washington limited partnership, hereinafter referred to as "Declarant", makes this Declaration as of the &h day of January, 2013. SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Decla rant is the owner of the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "Claremont at Renton" more particularly described in Exhibit A and Exhibit B attached hereto and incorporated herein. B. An owners' association for Claremont at Renton will provide for the maintenance, preservation and architectural control of the Lots and the Tracts (as defined herein) within the Property as more fully described herein. C. The Declarant hereby submits the Property described in Exhibit A to this Declaration of Covenants, Conditions, Restrictions and Reservations ("Declaration" or "CC&Rs"). These CC&as are intended to create a comprehensive system of development, architectural controls, administration and maintenance for the Property to enhance the value and attractiveness of the Property, and to protect and benefit the interests of the Owners of the Property. This Declaration provides a procedure for the future expansion of Claremont at Renton to include some or all of that real property described in Exhibit B. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof as provided herein, together with their grantees, successors, heirs, executors, administrators, devisees and assigns. Any conveyance, transfer, sale, assignment, lease or sublease of any real property interest in any portion of the Property subject to this Declaration, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Amended Declaration" shall mean an amendment to this Declaration and includes any amendment recorded pursuant to Article 14 that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land as described in such instrument. "Annexation Property" shall mean that Property legally described in Exhibit B which may be added to the Association by subjecting it to this Declaration as set forth in Article 14. DF0,ARAT[ON OH COYLNANTS, CONDITIONS, RESTRICTIONS Am) RESERVATIONS (CLARQMONT AT RENTON) PAfM! 2 Station Id :E10G KING,WA Page 2 of 35 Printed on 4(312013 2:09:25 PM Document: CCRMOD 2013.0326001108 Branch :WLK,User :CSCU Connnent: P "Architectural Control Committee" or "ACC" shall mean the Board, as defined below or a committee by that name designated by the Board. "Articles" shall mean the Articles of Incorporation of the Association. "Assessments" shall mean all sums chargeable by the Association against a Lot as provided in this Declaration, including, without limitation: (a) General and Special Assessments for maintenance, repair or replacement of Common Area, Association Maintained Areas and any other property of the Association; (b) Specific Assessments against a Lot; (c) fines imposed by the Association; (d) interest and late charges on any delinquent account; and (e) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean the Claremont at Renton Association, a Washington non-profit corporation, as described more fully In Article 3 and its successors and assigns. "Association Maintained Area" shall mean those facilities, improvements and portions of the Property that the Association is obligated to maintain. The Association Maintained Area includes the property and improvements described in Section 2.4 of this Declaration (including the Common Area as defined in Section 2.7L), "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 3, and any board, group or entity of the successor or assign to the Association serving in a Comparable capacity to the Board of Directors. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "Class A Members" shall mean all Owners other than the Declarant when the Declarant is the Class B Member. if the Declarant is no longer the Class B Member, then it shall mean all Owners, including Declarant. "Class B Member" shall mean the Declarant. "Class B control Period" and "Control Period" shall mean the period of time during which the Class a Member is entitled to appoint the members of the Board. The Class B Control Period shall terminate on the first to occur of the following: (a) when 75`0 of the total number of Lots on the property described in Exhibit "A", and Exhibit "B" (if subjected to this Declaration as provided herein) have certificates of occupancy issued thereon and have been conveyed to Class "A" Members other than builders; (b) December 31, 2022; or DECLARATION OF COVEEWNTS, CONDITIONS, RESTRICTIONS AND RESERVATIons (CLAREM❑Nr ATRENTON) PAGO Station Id :LIOG KING,WA Page 3 of 35 Printed on 4/3/2013 2:09:25 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Con -anent: I/ (c) when, in its discretion, the Class B Member so determines. "City" shall mean the City of Renton, in the County of King, State of Washington. "Common Area" shall mean all real property and improvements thereon from time to time owned or leased by the Association for the common use and enjoyment of all of the Members. The Common Area may (but need not) include comm6n areas, tot lots, recreational facilities, parks and other open space, takes, streams, utility facilities, private streets not dedicated to the City of Renton or the State of Washington, trail systems and fencing on Common Areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. 'Declarant" shall mean Toll WA LP, a Washington limited partnership. No successor and assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless such rights and obligations are specifically assigned to such party by written instrument designating the party as Declarant hereunder or which pass by operation of law. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein. "Entry Monument" shall mean any entry monument, sign, landscaping, lighting and other improvements that are installed by the Declarant or Association to mark an entry to the community_ "Fire Lanes" shall mean any areas within any public right-of-way, easement or on private property that is for the use, travel and parking of fire trucks and other firefighting or emergency equipment. "HDA" shall mean the Claremont at Renton Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Home" shall mean a physical structure located on a Lot that is designed and intended for use and occupancy as a dwelling_ "Lot" shall mean and refer to any of the 38 Lots shown on the Plat, and any of the 53 Lots which would be added if and when some or all of the real property described in Exhibit a is Subjected to this Declaration in an Amended or Supplemental Declaration. Ownership of a Lot shall include ownership of the Home and other improvements now or hereafter constructed on the Lot. "Member(s)" shall mean the Class A Members and the Class a Member. DECLARATION OF COVENANTS, CONDITIONS, RE5TIUCTIONS AND RESERVATIONS (CLARFM02,t'ATRFNTON) PAGE4 Station Id :EIOG KING,WA Page 4 of 35 Printed on 4/3/2013 2:09:26 PM Document: CCR MOD 2013.0326001108 Branch :WLK,Uscr :CSCU Coirunent: Station Id :EIOG "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot or Tract created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot or Tract. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot and/or Tract an which it holds a Mortgage which constitutes a first lien on said Lot and/or Tract. When exercising any voting rights of a Mortgagee hereunder, the Mortgagee shall have the same voting rights as the owner of the Lot subject to such Mortgage. "Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose Interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall he not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat for East Renton which depicts the layout of the Lots and Tracts on the Property. The Phase I Plat for the Property was recorded at Volume of Plats, at pages through__ under Recorder's File No. records of King County, Washington_ The definition of Plat shall include the final Plat for subsequent phases if the Association is expanded to include the Annexation Property. "Private Drainage Easement" shall mean those drainage easements located on certain Lots, as set out on the Plat, that benefit other lots, as set out in the Plat. DGCLARATIDN OF COVENANTS, CONDITIONS, IRESTRIC nONS AND RHSLBYATIONS (CLAREMONT AT REWON) PAGE 5 KING,WA Page S of 35 Printed on 4/3/2013 2:04:27 PM Doclmlent: CCR MOD 2013.0326001108 Branch AWI,K,User :CSCU Continent: Station Id :EIOG "Property" shall mean, the real property described on Exhibit A attached hereto, and any portion of the Annexation Property described in Exhibit B, attached hereto, if such portion is subjected to this Declaration by the recording of an Amended or Supplemental Declaration. "Public Stormwater Facilities" shall mean the detention vault and other stormwater facilities located within Tract I which is owned by the City of Renton, "Public Utility Easement" shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage and accessory equipment, together with the right to enter upon the Lots and Tracts for said purposes_ "Street Trees" shall mean the street trees located on the Lots adjacent to the public streets in the Plat which are maintained by the Owner of the Lot upon which the trees are located. "Street Lighting" sha{l mean the lighting for streets within the Property. "Structure" shall mean any thing or object the placement of which upon any Lot may affect its appearance, including, without limitation, any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, play structure, curbing, paving, tree house, fence, wall, rockery, hedge, sign, statue, antenna, dish or other receiving device, or the like, and any excavation, fill, ditch, dam, or other thing or device that affects or alters the natural flow of surface waters or any natural or artificial stream or drainage channel upon or across any Lot or Tract. "Supplemental Declaration" shall mean an instrument that subjects additional property to this Declaration, and/or creates or imposes additional easements, restrictions and obligations on the land described in such instrument as more fully set out in Article 14. "Tract" shall mean and refer to any of Tracts A, B, I and X as shown on the Plat and any improvements thereon. Tracts A and B are owned by the Association. Tract I is owned by the City, of Renton and is not part of the Association. Tract X is a future development Tract subject to the annexation rights set out in Article 14. The Association has the obligation to maintain landscaping within Tract A and Tract 8 as more fully set out in Section 2.4 and Exhibit B-2. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on Lots. DECLARATION OF COVENANTS,CONDIYIONS, RESTRICTIONS AND PESERVATIONS(CLAREMONTAT1iENTON) PAGE KING,WA Page 6 of 35 Printed on 4/3/2013 2:09:27 PM Document: CCR MOD 2013.0326001108 Braitch AV1,K,User :CSCU Comment; Station 1d :F.10G Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS Section 2.1 Description of Common Area. The Common Area as shown on the Plat is comprised of the following: Tract A — Open Space Tract Tract 8 —open Space/Recreation Tract Tract I and the detention vault and storm drainage facilities located in Tract I are owned and maintained by the City of Renton. Tract k is a future development Tract that may be added to the Association as set out in Article 14. Section 2,2 Dedication of Common Area, The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in Tracts A and B previously owned by the Association and have the attendant obligation to maintain Tracts A and B. Any dedication of Common Area to the City can only be done with the prior written approval of the City of Renton. Section 2.3 Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, including easement rights of Owners, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.3.1 The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be .detrimental to the environment, be lnconsistent with development conditions, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or a sensitive area tract on the Plat. 23.2 The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two- thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be duly executed by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements: n The Common Area, including any irrigation system serving any portion of the Common Area DE.CI.ARATIONOFCOVE•NAN'rs,CpND1TIONS, RESTRICTIONS AND RFSERVATIONS(CLAREMON1'ATRENT014) PAcr.7 KiNG,WA Page 7 of 35 Printed on 4/3/2013 2:09:27 PM Document: CCR MOD 2013.0326001108 Branch MMUser :CSCU Conlinent: Station Id :EIOG o Any Entry Monuments and Association Signage The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.5 Association Maintenance Responsibilities, The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area and any private utility facilities therein. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The costs of maintaining the Association Maintained Area shall be assessed to Lots as set forth in Sections 7.4, 7.7 and Exhibit C. Section 2.6 Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area to family members, guests and tenants of such Owner_ Each Owner shall be responsible for informing such Owners family members, guests, tenants and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest, tenant, agent, workman, contractoror other licensee or invitee. The Association may have a lien upon the Owner's Lot for the amount of such damages as determined by the hoard after Notice and Opportunity to be Heard. Section 2.7 Public Utility Easements. The Plat creates various easements within the Property for public utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Property at all times for said purposes ("Public Utility Easement"). Within these Public Utility Easements, no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation, maintenance and use of utilities. Each Owner must continuously maintain any such easement area located within their Lot_ All utility facilities within such Public Utility Easements that serve only one Home shall be maintained by that Home's Owner, except for those improvements for which a public authority or utility company or the Association is responsible. Section 2.8 Private Storm Drainage Easements. The plat creates a private storm drainage easement over Lots 13-15 for the benefit of Lots 12-14. Other private storm drainage easements may be created if the Annexation Property is made subject to this Declaration. The maintenance of the shared facilities within those private storm drainage easements shall be the responsibility of the lots benefiting from the storm drainage facilities therein on an equal basis. "the maintenance of any portion of the drainage facilities used by only one Lot shall be the sole responsibility of the Owner of that Lot. DECLARATION Of: COVENANTS, CONDITIONS,RESrRICTJON5AND RESERVATIONS(CLAR@MONTATRENTON) PAGF.8 KING,WA Page S of 35 Printed on 4/3/2013 2:09:28 PM Document: CCR MOD 2013.0326001105 Brazich :WLK,User :CSCU Comnient: ,Station id :E10G Section 2.9 Signage Easement, Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet parallel with and abutting all public rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs, address columns and entry monuments. Section 2.10 Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 2.11 Easement for Ent by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots, and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing so with reasonable cause of imminent danger; or (ii) acting with the consent of the Owner or tenant of such Lot. Section 2.12 Publicly Owned Tract. Declarant has dedicated Tract I to the City. The City has fee title and will own, operate and maintain the land and the stormwater detention facilities therein. Section 2.13 Easement for Development Actives. Declarant and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing and installing such improvements to the Common Area and to any property described in Exhibit B, as it deems appropriate in its sole discretion. Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. An association called the Claremont at Renton Homeowners Association (the "Association") shall serve as a homeowners association for all Homes in the community. Section 3.2 Form of Association. The Association is a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws_ Declarant has or will adopt Articles of Incorporation for the Association and has or will propose the adoption of initial Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles of incorporation, the provisions of this Declaration shall prevail. The Bylaws provide for the administration of the Association and the Property, and are intended to DECLARATION OF COVENANTS, CONDITIONS, R .STRICTION5 AND RESERVATIONS (Q A&EMONr AT RENTON) VAGe9 KING,WA Page 9 of 35 Printed on 4/3/2013 2:09:28 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Comment: Station Id :E10G further the intent of this Declaration. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail, Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of the Association. A majority of the Directors elected by the Class A Members must be members of the Association, The Directors appointed by the Class B Member need not be members of the Association. Section 3.5 Membership and Voting Rights. The Association shall have two classes of voting membership: 3.5.1 Each Owner, except the Declarant when the Dec[arant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall be members. The vote for each such Lot shall be exercised as the Joint owners may decide among themselves, but in no event shall more than one vote be cast with respect to anyone Lot, 3.5.2 The Declarant will initially be the Class B member. The Class B Member will be entitled to three votes for each Lot it owns. The Class 8 class of membership shall cease upon the occurrence of the earlierof the following events: (i) upon termination of the Class B Control Period; or (ii) when the Declarant determines, in a recorded instrument. At that time, the Class B Membership will convert to Class A membership for each Lot still owned by Declarant. Section 3.6 Transfer of Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot, Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new owner. section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that compiles with generally accepted accounting principles. Section 3.8 Inspection of Association Documents, Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable DECLARATION of COVENANTS, CONDITIONS, RESTRICr10NSAND RESERVATIONS (CLAREMONTAT RENTON) PAGE 10 K3NG,WA Page 10 of 35 Printed on 413!2013 2:09:29 PM Document: CCR MOD 2413.0326001108 Braitch-.WLK,Uscr :CSCR Conunent: Station Id :EIOG circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. Section 3.9 Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association. Section 3.10 Audit of Financial Statements. if the annual Assessments are fifty thousand dollars ($50,000) or more, the financial statements shall be audited at least annually by an independent certified public accountant unless the audit is waived by sixty-seven percent (57%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum, as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit, the Members must vote to waive the audit in accordance with this section_ In addition, the Board or a majority of the Owners may at any time require an audit prepared by an independent certified public accountant which shall be paid for by the Association. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration of the Propert . The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof_ Administrative power and authority sha Il be vested in the Board. Section 4.2 Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Members, shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following_ 4.2.1 Levy, c0ect, and enforce the collection of Assessments, as more particularly set forth in Articte 7 hereof, to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association, 4.2.3 Enter Into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of Assessments, the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services; however, if any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the owners of such Lots. The Board may pay the Declarant a reasonable fee for any services it performs on behalf of the Association. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AwD RESERVATIONS (CLAREMONT AT KENTON) PACE I I KING,WA Page 11 of 35 Printed on 413!2013 2:09:30 PM Document: CCR MOD 2013.0326001108 Branch.:Wi..K,User :CSCU Conuuent: 4.2.5 Pay for water and power for irrigation of the Common Area and Association Maintained Areas. 4.2.6 All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as determined by the Board. Section 4.3 Tree Trimming, Maintenance and Removal. The Board may require, at the Owner's expense, the trimming or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner's Lot that the ACG determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of maintenance of the Street Trees on his/her Lot. If an Owner wishes to remove any tree that is part of the Yard Landscaping, including Street Trees, that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. In addition, no Street Tree or other tree on any Lot may be removed without complying with City of Renton tree removal permit requirements and any replacement obligations. Section 4.4 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area, the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Members fairly arid in a non-discriminatory manner. Section 4.5 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration, Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected, placed or altered within the Property and any changes to the exterior appearance of any such Structure, must be DEci.ARAr10NOFCOVENANTS, CONDMON5,RFSTR[Cr10NSANoRrs6RVATIONs(CLAREMONTATRENTON) PAGE 12 Station 1d :ETOG KING,WA page 12 of 35 Printed on 4/3/2013 2:09.32 PM Document: CCR MOD 2013.0326001148 Branch :WLK,User :CSCi7 Comment: Station Id :EIOG reviewed and approved by the Board, acting as an Architectural Control Committee ("ACC"), or an ACC appointed by the Board pursuant to Section 5.1.2, Any enclosure or cover used in connection with such a Structure or equipment or otherwise, whether temporary, collapsible or seasonal, Shall be treated as a permanent Structure for purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all Structures. Nevertheless, Owners are not required to obtain Board or ACC approval for alterations solely to the interior of any Home or for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and normal maintenance (unless reroofing or re -siding with different materials or otherwise altering the materials, colors or design of the exterior of the original Home or any ACC approved changes). Lentil the expiration of the Class B Control Period, Declarant shall act as the ACC. Complete plans and specifications of all proposed Structures or exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the RCC must be submitted before construction, alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the Ace. 5,1.2 The Board may appoint an ACC to review plans and specifications as required by this Article 5. The RCC may include Board members and/or Owners. It shall be composed of three ar more representatives_ All plans and specifications submitted for approval by the ACC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date- In the event the ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will be deemed to have been given, subject to the provisicns of subsection 5.1.3 and 5.1.$. 5,1.3 The maximum height of any building shall be established as part of plan approval by the ACC and shall be given in writing together with the approval. if the ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than is allowed under applicable zoning, land use and building codes. 5.1.4 The ACC may require that all plans or specifications for alterations of a Home or other significant Structure be prepared by an architect or a competent designer approved by the ACC, One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC. 5.1.5 The submittal will be reviewed as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the Lot, with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and any duly adopted architectural guidelines_ The effect or impairment that such Structure or alteration will have on the view or outlook of surrounding Lots may also be considered as well as any and all other factors which, in the ACC's opinion, shall affect the desirability or suitability of such proposed Structure, improvement, or exterior alteration or repair. The ACC shall have the right to refuse to approve any design, plan or color DECLARATION OF COVENANTS, CONDITIONS. Rus-rmcnoNs AND i2ESERVAnoNS (CLAREMONT AT RENTON) PAGE, 13 KING,WA Wage 13 of 35 Printed on 4/3/2013 2:09:32 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Coninlent: Station Id :ETOG for such improvement, construction, exterior alteration or repair which is not suitable or desirable, in its opinion, and such refusal maybe based entirely on aesthetic or other factors. 5.1.6 Neither Declarant (including any successor in interest to Declarant's status as Declarant) nor any activities of Declarant shall be subject to the restrictions of this Article S as to any property owned by Declarant. 5,1.7 By majority vote, the Board may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. The Board may delegate such task to the ACC. 5.1.8 Every Owner must obtain necessary permits before performing structural work on their Home. 5.3..9 No Structure shall be erected, altered, placed or permitted to remain on any Lot or Tract unless the Structure complies with the Plat, this Declaration and with applicable building codes and other applicable requirements_ The Owner may be required to furnish the ACC with evidence that all necessary permits have been obtained from the City for any work for which approval is required under this Section prior to commencement of the work or at any time thereafter. Section 5.2 Declarant Facilities. Notwithstanding any provision in this Declaration to the contrary, Declarant and its agents, employees and contractors shall he permitted to maintain, during the period of sale of Lots, Tracts, and Homes, upon such portion of the Property {other than those sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots, Tracts, and Homes, including but not limited to a business office, storage area, signs, banners, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. MAINTENANCE OBLIGATIONS OF OWNERS/ USE RESTRICT[oNs/ EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, the Owner of each Lot, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Owner's Lot and all Structures and other improvements and the Yard Landscaping within the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable taws, the provisions of this Declaration, and any rules and regulations of the Association. If any such Owner fails to maintain, repair, replace or restore the Owner's Home, Structures, and other exterior improvements and Yard Landscaping located within the Lot, the Association may, after Notice and Opportunity to he Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall pay or reimburse the Association on demand for all such costs and expenses. Each Owner is responsible I)ECGARK[-ION OF COVENANTS, CoNDuWs, RESTRICTIONS ANI) RESERVATIONS (CLAREMONT AT RENTON) PAGr14 KING,WA Page 14 of 35 Printed on 4/3/2013 2:09:34 PM Document: CCR MOD 2013.0326001108 Branch:WLK,User :CSCU Conuuent: Station Id :EIOG for irrigation for the Yard Landscaping- All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition. Section 6.2 Restrictions on Storage; Use of Garage. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or tucks over two tons (except those used by Declarant in connection with the development of the Property or construction of Lots, Tracts or Homes) or any disabled or inoperable motor vehicle on the Property unless any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACC. Garages must he used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking as may he adopted by the Board. No in -operative vehicle of any type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners. Section 6.3 Reads, Sidewalks and Fire Lanes. The public roads and sidewalks located in Claremont at Renton may be used only for normal access, ingress and egress, and no obstructions shall be placed thereon. Due to the width of the roads, applicable City fire and safety ordinances allow parking only ort one side of the public roads. There shall be no parking in any area which is designated as "No Parking". The purpose of these restrictions is to provide adequate road width for the access of fire and other emergency vehicles. The obstruction of a Fire Lane by a parked vehicle or any other object is prohibited, shall constitute a traffic hazard as defined in state law and an immediate hazard to life and property. Parking is also not allowed on the sidewalks or planter strips - Section 6.4 Residential Use and Home Occupations. 6,4,1 Residential Uses. Any and all Structures may be used only for (i) residential purposes, including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Horne as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or (ii) use as a home office or {iii} use for a home business that does not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community; (v) purposes of operating the Association and managing the Property, or {vi) the business of the Declarant in developing and selling Lots, Tracts and domes. DL•CLARATION OF COVENANTS, CONDITIONS, RESiRICSIONS AND RESERVATIONS (CI.AREMONr AT RENToK) PAGE 15 KING,WA Page 15 of 35 Printed on 4/3/2013 2:09:34 PM Document: CCR MOD 2013.0326001108 Rraach.: WLK,User :CSCU Corrnuent: Station Id TTOG Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon any lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Section 6.7 Garbage and Trash Removal, No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste must he placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall he responsible for the prompt and regular disposal of all of garbage, trash, junk and yard waste. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. Section 6.8 Animal Restrictions. With the exception of domesticated dogs, cats and other usual household pets (hereinafter referred to as "pets'), no insects, reptiles, poultry or animals of any kind shall be raised, bred or kept in or on any Nome, lot or on any Common Area. The Board may adopt reasonable rules and regulations for the keeping of pets. All pets when outside a Home shall be kept on an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the pet arall times, or by fencing or a suitable invisible electronic confinement system not dangerous to humans. Owners shall not allow pet excrement to be left on any Lot or on any portion of the Property. Owners shall be responsible for assuring that their dogs do not bark continuously. Any owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain_ Section 6.9 5i ns. No signs shall be displayed to public view on any Lot except (i) one professlonaily created sign of not more than one square foot displaying the property address and/or resident's name; (ii) one sign of not more than five square feet advertising the Nome for sale or rent by anyone other than the Declarant or other home builder; (iii) signs of any size or similar display used by Declarant or other home builders to advertise Lots, Tracts, or Homes for sale so long as they own a lot within Claremont at Renton; (iv) political yard signs displayed prior to any primary or general election which must be removed within ten (10) days after such election, or (v) any permanent entry monument signs, and fire lane, road and directional signs for Claremont at Renton. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs, DECLARATLON OF COVENA147S, CONUIT10N5, RES'MICTIONS AND REsr,RYAT10NS (CLARCMONT AT RENTON) PAGE 16 KING,WA Page 16 of 35 Printed on 413/2013 2:09:34 PM Document: CCR MOD 2013.0326001108 Branch :WLK,Uscr :CSCU Conlnient: Station Id :EIOG 6.9.1 The Declarant may, in its sole discretion, construct signage at the entrance to the Flat which identifies it and includes a notation indicating that it was developed "by Toll Brothers" Jor some similar reference to Declarant or any entity affiliated with Declarant), including the use of any particular logos and/or trademarks utilized by Declarant, and convey such signage to the Association along with a non-exclusive license to use the logos and/or trademarks depicted on the signage (but only for purposes of maintaining such logos/trademarks in the manner depicted on the signage at the time of conveyance and for no other purpose), such license being revocable by Declarant at any time. If the license is revoked, all references to Toll Brothers shall be removed from the signage at the request of Declarant. Section 6.10 Renting and Leasing. 6.1.0..1 No Board approval is required for owners who lease or rent their entire Home for a term of 30 days or more. Other rentals (except those made by lenders in possession following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) require Board approval unless the Board adopts a different rental policy or rule for rentals of less than all of a Horne or for a period shorter than 30 days, All leasing and rental agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default under such lease or rental agreement. Notwithstanding the foregoing. 6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner (and the Lot under this Declaration for assessments and charges) or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, or in derogation of any rights which a Mortgagee of such Lot may have with respect to such rents. Other than as stated herein, there are no restrictions on the right of owners to lease or otherwise rent their Home. Section 6.11 Temporary Residence_ No mobile home or modular home shall be permitted on any Lot or Tract. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for trailers used by Declarant, huilders, or contractors during the construction period. Section 6.12 Satellite Dishes and Antennae. In order to minimize the visibility of satellite dishes and antennae from other Homes and from the public streets, the Board may regulate the location, size and color of, and may require screening of, any antenna, satellite dish or similar equipment to the maximum extent allowed under federal law. The Board may delegate this task to the ACC. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND 14ESF.RVATIONS (CLAREM0N7 AT RENTON) 1'Aoc 17 KING,WA Page 17 of 35 Printed on 4/3/2013 2:09:35 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Comment: Station Id :EIOG Section 6.13 Governmental Requirements_ Ail Structures and other improvements must comply with applicable requirements of the Plat and with all applicable statutes, ordinances, regulations and government requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply. Section 6.14 Use and Disposal of Hazardous Substances. All Owners shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area, public street or other portion of the Property. Section 6.15 Completion of Projects_ Any Structures or improvements, including any repairs or replacement thereof, constructed on any Lot shall be completed as to external appearance, including finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted by the Board or ACC. This period may be extended by the ACC due to inclement weather. This Section 6.15 does not apply to Declarant or Derlarant's activities. Section 6.16 Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise Interfere with a mailbox structure. Section 6.17 Outdoor Fires. Outdoor barbecues may be used on Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained, Section 6.18 Screened Service Areas, Unsightly items must be hidden from view within a Home or garage or within a fenced or screened area where they will not be seen from any Home or road. Unsightly items shall include, but shall not be limited to, garbage and trash, clothes lines, hlcycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the Board orACC. Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Horne, the owner shall promptly restore and Repair (as defined below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board is required to rebuild in accordance with a plan that is different from the original plan or as modified by alterations approved by the Board_ As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for the Horne DCCLARATION or COVENANTS, CoNmnoNs, RCSTRICr1ON5 AND RF.5EavgTi4NS (CLAREMONT AT RFNTON) PAGF. 18 KING,WA Page 18 of 35 Printed on 4/312013 2:09:36 PM Doctunent: CCR MOD 2013.0326001108 Branclx :WLK,User :CSCU Comment: Station Id :EtUG exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. For all restoration and repair less than Substantial Damage, the owner must follow the procedures outlined in Article S. Section 6.20 Native Growth Protection Area. Reserved. Section 6.21 Driveway Maintenance Easements. Certain Lots may have driveways that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each Lot that has any portion of a driveway within three feet of the boundary line of an adjacent Lot over the adjacent tot. The easement shall be for the purpose of maintenance, repair or replacement of the driveway on the benefited Lot and shall exist over arid across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement. The benefited owner must repair any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that immediately before use of the adjoining Lot. Section 6.22 Private Fence Easement. Declarant has or may construct certain rockeries, wails and fences between Homes on adjoining Lots. The intention of the Declarant is that each fence, wall and rockery when constructed, shall be. wholly on one Lot or another and not on the properly line between adjoining Lots. Due to obstructions or topography, however, Declarant may not have placed each fence, wall or rockery wholly within a Lot or immediately adjacent to the property line. Therefore, Declarant reserves an easement, one foot wide on each side of each Lot boundary, for itself and for the Association and each Lot Owner for the placement of fences, walls and rockeries that have been installed by the Declarant for as long as the wall or fence exists. Each Owner of such a fence shall have the right to maintain, repair and replace any portion of an encroaching fence, wall or rockery and shall have reasonable access over the other Lot for such purposes. Except as set fnrth above, the owner of a Lot upon which Declarant or Owner has installed a fence, wall or rockery shall be responsible for its maintenance and if placed on a common boundary line between Lots, the Owners of Lots on each side of a fence, wall or rockery shall be jointly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery Subject to Board or ACC approval. Each owner may, however, paint or stain its side of any fence located on a common boundary without the consent of the other owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area described herein, nor the conduct of an Owner in maintaining the land between a fence, wall or rockery on an adjoining Lot or on the common property line shall be construed as modifying the common property line between the two Lots as set out on the fiat_ In the event an Owner installs a fence, rockery or wall wholly on Owners Lot after obtaining necessary Board or ACC and other approvals, that Owner shall be responsible for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining Lot for such purposes, Section 6.23 Limitation on Gradin. The grading of any Lot is not to be changed by a Lot Owner in in any manner that will cause an adverse effect on adjacent Lots. Any earth DECLARATION OF COVENANTS, CONDITIONS, ItESTRICTIONS AND REsmvATIONS (CLAREMONT KI: l IWVON) PAGE 19 K1NG,WA Page 19 of 35 Printed on 4!3/2013 2:09:36 PM Document: CCR MOD 2013.0326001108 $ranch :WL.K,User :CSCU Colmnent: Station Id -.EIOG disturbance, including but not limited to the moving, depositing, stockpiling or storing of soil, rock or earth materials, made by any Lot Owner shall not cause an adverse effect on the adjacent lots, roads, stormwater conveyances, or erosion control measures. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obli adon of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed In such deed, is deemed to covenant and agree to pay to the Association any Assessment duly levied by the Association as provided in this Declaration. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be tate personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor title unless the lien for such delinquent Assessments had been properly recorded prior to title transfer or unless expressly assumed by that party_ Section 7.2 Liability for Assessments. Any Assessments which may be levied from time to time pursuant to the authority of the Board shall he established in accordance with this Article 7, except for Assessments levied against an Owner for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection with bringing an Owner's property into compliance with the provisions of this Declaration. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments, and after the Lot is first conveyed to an owner other than Declarant. The first annual general assessment levied on each Lot shall be adjusted according to the number of months remaining fn the fiscal year at the time assessments commence. No owner may exempt himseif or herself from liability far his Assessments by abandoning the Owner's Lot_ When ownership of a Lot changes, Assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 3665 day year. Section 7.3 Association Budget. The initial Board shall prepare, or cause the preparation of, and adopt a budget for the Association_ After termination of the Class B Control Period, the Board shall adopt a budget annually, in accordance with generally accepted accounting principles. The budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses, including any contribution to reserves. Within thirty (30) days after adoption by the Board of any proposed budget of the Association, the Board shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14) not' more than sixty (60) days after delivering a notice of the meeting and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget, the budget is ratified, whether or not a quorum is present_ in the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the members shall be continued until such time as the members ratify a subsequent budget proposed by the Board. 1 DECLARATION OFCOVSNANTs,CONImoNs, RESTRICTIONS AND RFSERVATIONS(CLAREMDNTATRENTON) PAGE 20 KING,WA Page 20 of 35 Printed on 4!312013 2:09:37 PM Document. CCR M�D 2013.0326001108 1 Blra.u0i :WLK,User :CSCU Comment: Station 1d :EIOG Section 7.4 Levy of General Assessment. in order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Section 7.5 Amount of General Assessment, The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an Assessment period at least 34 days in advance of beginning of such period_ Notice of the General Assessment shall thereupon be sent to each Owner subject to Assessment; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render such Assessment void or invalid. Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the General Assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period. Section 7.6 Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed, Upon any revision by the Board of the operating budget during the Assessment period for which each budget was prepared, the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to that year only, for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such Assessment must have the prior favorable vote of a majority of each class of Members, The amount of each Owner's special assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment shall be substituted for the operating budget amount and shall be payable in one or more installments, as determined by the Board. Section 7.8 Specific Assessments. In addition, the Association may levy Specific Assessments against a particular Lot as follows: (i) the costs of the Association for the maintenance, repair or reconstruction of any portion of the -Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit C, and (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this Declaration or the other governing documents. Special assessments may be levied either before or after the work is done, in the discretion of the Board. Section 7,9 Manner and Time 'of Payment, Assessments shall be payable in such reasonable manner as the Board shall designate. Any Assessment or installment thereof which remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of DECr.ARATIONOFCOVENANTS, CONDMONS,RLSTRICTLON5AND RM[7?VKrIOAS(CLAREN10NTATRENrON) PAGE 21 KING,WA Page 21 of 35 Printed on 4/3/2013 2:09:37 PM Document: CCR MOD 2013.0326001108 I Branch MLK,0ser :CSCU Continent: Station Id :EIOG Me per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than 15 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have commenced on all Lots under this Declaration, the Declarant May satisfy its obligation for Assessments, if any, on Lots that it owns either by paying such Assessments in the same manner as any other Owner, or by paying the difference between the amount of Assessments levied on all other tats subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Section 7.11 Suspension of Voting Rights. The Association shall have the right to suspend the voting rights by any Owner for any period during which any Assessment against such Owner's Lot remains unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations. Section 7.12 Accounts. Any Assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 7.13 Lien. In the event any Assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days' prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire Assessment. The amount of any Assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien thereon. A notice of Assessment may be recorded in the office where real estate conveyances are recorded For the county in which this property is located. Such notice of Assessment may be filed at any time at least 15 days following delivery of the notice of default referred to above in this Section. The lien for payment of such Assessment and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid Assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. Said liens may he foreclosed as a Mortgage. Section7.14 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any Assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.15 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year In which the Association levies or collects any Assessments, a balance sheet and an operating (income/expense) statement for the Association which shall include a schedule of delinquent Assessments identified by the number of the Lot and the name of the Owner; provided, however, such documents need not be prepared by a certified public accountant LXcLARATiaN OF; COVENANTS, CoKnrrioNs, REsTRicTIONS AND RESERVATIONS (CLAREMONT AT RENTON) PAGE 22 KING,WA Page 22 of 35 Printed on 4/3!2013 2:09:37 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Comment:Station Id :EIOG unless requested by the Board or a majority of the Owners. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available forexamination by any Owner at convenient weekday hours. Section 7.16 Certificate of Assessment_ A certificate executed and acknowledged by the treasurer or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for Assessment and charges or lack thereof secured by the Assessments upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of ail persons who rely thereon in good faith. Such a certificate shall be furnished to any owner or any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid Assessments or charges with respect to such Lot, and, upon such payment, shall have a lien thereon for the amounts paid of the same priority as its lien. Section 7.17 Foreclosure of Assessment Lien- Attorneys Fees and Costs. The Board (or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect any Assessment. In any action to foreclosure the lien of, or otherwise collect delinquent Assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys` fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.18 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of Assessment has been filed and recorded in accordance" with this Article upon timely payment or other satisfaction of all delinquent Assessments set forth in the notice and all other Assessments which have become due and payable following the date of such recordation with respect to the Lot to which such notice of Assessment was retarded, together with all costs, late charges and interest which have accrued thereon. A fee of fifty dollars {$50.00} or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction and release of the lien created by the notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of Assessment and any efforts to collect the delinquent Assessments, including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Capital_ 7.19.1 For good cause, an Owner may be required by the Board, from time to time, to make and maintain a deposit up to three months' estimated monthly DECLARATION OF COVENANTS, CONINTIONS, RESTRICTIONS AND 1ZESERvA-noNs (CLkKEMONT AT RENTON) Pm -,f: 23 KING,WA Page 23 of 35 Printed on 4/3/2013 2:09:39 PM Document: CCR MOD 2013.0326001108 Brandt :WJ,K,User :CSCU Comment: Station Id:F-106 Assessments, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot owned by such Owner, and be for the purpose ofestablishing a reserve for delinquent Assessments. 7.13,2 Resort may be had thereto at any time when such Owner is ten days or more delinquent in paying his or hes monthly or other assessments and charges. Said deposits shall not be considered as advance payments of regular Assessments_ in the event the Board should draw upon said deposit as a result of an Owner's delinquency in payment of any Assessments, the Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. 7.19.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore. 7.19.4 The first purchaser of each Lot shall pay to the Association, in addition to other amounts due, $300.00 as an initial contribution to the Association's working capital. Such payment is not a prepayment of Assessments by the first purchaser. Such working capital contributions shall not be used to defray Declaranfs expenses in completing the construction or development of the Property, to pay Dedarant's contributions to Association reserves or to make up any deficits in the budget of the Association. Article & COMPLIANCE AND ENFORCEMENT Section 8,1 Enforcement, 8,1.1 Each Member, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition, the City shall have the right to enforce the provisions of the Plat, and related provisions of this Declaration, relating to the maintenance obligations of the Association as a third -party beneficiary, as provided in Section 15.6. 8,1,2 In any action or arbitration to enforce the provisions of Section 8,1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT RENTON) PAGE 24 KING,WA Page 24 of 35 Printed on 4/3/2013 2:09:38 PM Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Continent: Station Td :I IDU and expenses reasonably Incurred in preparation for prosecution of said action or arbitration, in addition to all casts permitted by law. Section 8,2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall he deemed to have been made unless expressed in writing and signed by the Board. Section $.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law, although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 13 hereof. Section 9.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be pa rty, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that In the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner. DECLARATION OF COVENANTS, CONDITIMS, R -STRIC IONS AND RESERVATIONS (CLAREMONT AT RENEON) PAGE 25 KING,WA Page 25 of 35 Printed on 4/3/2013 2:09:38 PM Document: CCR MOD 2013.0326001108 Bxanclt :WJ.,K,User :CSCU Comment: Station Id VOG Article 1D. MORTGAGEE PROTECTION Section 10.1 Priority of Mortpages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners including such Owner, his successor and assigns. For the purpose of this Article, the terms "Mortgage" and "Mortgagee" shall not mean a real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect to a sale by an individual Owner other than Declarant. Section 10.2 Effect of Declaration Amendments_ No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Lot; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such owners title was acquired by foreclosure or trustee's sale orotherwise. Section 10.4 Copies of Notices. if the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor has for more than 6D days failed to meet any obligation under this Declaration_ Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense statement far the Association, if any has been prepared. Article 7.1. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12. DECLARATION OF COVENANTS, CONDITIONS, RF.STRICrIONS AND IFSERVATIONS (CLAREMONr AT RENTON) PAGE 26 KING,WA Page 26 of 35 Printed on 4/3/2013 2:09:39 J'M Document: CCR MOD 2013.0326001108 Branch :WLK,User :CSCU Comment: Station Jd :EIOG Section 11.2 Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 10G% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property, Article 12. AMENDMENT OF DECLARATION OR PLAT Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Until the termination of the Class B Control Period, this Declaration may be amended by an instrument executed by Declarant and approved solely by the Class B Member. Thereafter, except as set forth in Section 12.3 of this Declaration, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided, however, that until the termination of the Class B Membership and the expiration of the Declarant's annexation right set forth in Article 14, no such amendment shall he valid without the approval of the Class B Member and the holder of the annexation right_ The members' approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Areas, insurance or fidelity insurance; responsibility for maintenance and repair, leasing of Lots other than set forth herein; imposition of any restrictions on the right of an owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will he completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating to the maintenance obligations of the Association set forth in the Plat, as provided in Section 15.6. Section 12.2 Plat. Subject to other applicable provisions of the Declaration, the Plat may be amended by revised versions or revised portions thereof. Until the termination of the Class B Control Period the Plat may be amended by an instrument approved and executed by the Class B Member, provided that if such amendment directly affects a Lot owned by someone other than Declarant the approval of the Owner of such directly affected Lot shall also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class B Control DrCLARATIOI:oFCOvtNANTS, CONDITIONS, RG5TRICTIONSANTI RFsEHvxr10H5(CLAFXMONTATRFNTON) PAr=i.27 KING,WA Page 27 of 35 Printed oz► 4!312013 2:09:39 PM Doctrmcnt: CCR MOD 2013.0326001108 Branch :WLK,User :CSCI.I Consent: Station Id :EIOG Period, amendments must be approved by owners, including Declarant, having over 57% of the votes in the Association, provided that the owners of all Lots directly impacted by the proposed revision must approve the proposed amendment. Copies of any proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 12.3 Amendments By Declarant. Notwithstanding anything to the Contrary contained herein, the Dectarant reserves the sole right to amend or correct this Declaration, the Articles, the Bylaws and the Plat until Declarant no longer owns any Lot in the Property or the expiration of the Declarant's annexation right set forth in Article 14, whichever is later, without the consent of any Owners, Mortgagees or other persons claiming an interest in the Property or the Association if such amendment is needed to (i) bring the document into compliance with any rule, regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments; (il) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of Lots, Tracts or Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to receive service of process for the Declarant. Section 12-A Effect of Reeordin -a-Supplemental Declaration. If a Supplemental Declaration is used to add the Annexation Property to the Association it shall be effective upon recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration or any amendment to the Declaration adding the Annexation Property, such property subjected to this Declaration shall he assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration, and the Association shall assume such additional obligations as are set forth therein. Article 13. INSURANCE 5ection 1.3.1 Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft or other causes with such deductible provisions as the Board deems advisable; and such other insurance as the Board deems advisable, The Hoard may also, in its sole discretion, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers and representatives from personal liability in the management of the Association's affairs. The Board shall review at least annually the adequacy of the Association's insurance coverage, All insurance shall be obtained from Insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall provide that coverage may not he cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 DECLARATION OF COV"ANTS,CONDITIONS, RESTRICTIONSMDRESERVATIONS (CLARFMONTAT RENTON) PACE 28 KING,WA Page 28 of 35 Printed on 4/3/2013 2:09:39 PM Document: CCR MOD 201.3.0326001108 `Branch :WLK,User :CSCU Continent: Station Id :EIOG days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 13.1.1 Notwithstanding anything to the contrary contained herein, for so long as the Declarant controls the Board, the Declarant reserves the right to include the insurance obligations of the Association within a master insurance program controlled by the Declarant and upon doing so, the insurance obligations provided for under this Declaration shall be deemed satisfied. section 13.2 Owners' Insurance. 13.2.1 All Lot Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and as the Board deems advisable. All insurance shall be obtained from insurance carriers that are generally acceptable for similar residential properties and authorized to do business in the state of Washington. All such insurance policies shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to the Association. All Lot Owners shall provide the Association with proof of insurance upon the request of the Association. 13.2.2 The property insurance maintained by each Owner shall, at the minimum, provide all risk or special cause of loss coverage in an amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rule or regulation establish_ 13.2.3 The liability insurance coverage maintained by each Owner shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the Lot and such other risks as are customarily covered for similar residential properties with a limit of liability of at least 5300,000. 13.2.4 Any portion of the Home for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance. Article 14. EXPANSION OF COMMUNITY Section 14A Expansion of Community by Declarant Declarant may subject all or any portion of the Annexation Property described in Exhibit B to the provisions of this Declaration by recording an Amended or Supplemental Declaration describing the real property to be subjected. An Amended or Supplemental Declaration recorded pursuant to this Section shall not require the consent of any Person except the Declarant or the owner of such property, if Declarant is not the owner of such property. Dmi-ARATIQNOFCOVENANTS, CONDnIUM,RF.STRICTIONSANORESERVATIONS (CLAREWNiATRENTON) PAcf29 K1NG,WA Page 29 of 35 Printed on 4/3/2013 2:09:40 PM DocuinenC CCR MOD 2013.0326001108 Branch :WL,K,User :CSCU Comment: Station Id :EIOG Section 14.2 Duration of Declarants Right to Expand. Declarant's right to expand Claremont at Renton pursuant to this Section shall expire when all of the property described in Exhibit B has been subjected to this Declaration or 10 years after this Declaration is recorded, whichever is earlier. until then, Declarant may transfer or assign this right to any Person who is the developer of at least a portion of the real property described in Exhibit A or Exhibit 8. Any such transfer shall be memorialized in a written, recorded instrument executed by Declarant. Section 14.3 No Obligation to Expand Community. Nothing in this Declaration shall be construed to require Declarant or any successor to subject any additional property to this Declaration or to develop any of the property described in Exhibit B in any manner whatsoever. Article 15. MISCELLANEOUS Section 15.1 Notices. 15.1.1 Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. if by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been detivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 15.1.1.1. If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws, 15.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): Toll WA LP 9720 NE 12d' Place, suite 100 Kirkland, Washington 98034 15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to each owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. Section 15.2 Conveyance: Notice_ Required. The rights of an owner to self, transfer or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf, If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance DECLARATSONUFCOVENANTS,C_ONDITIONS,RESTRICTIONSANDRE-SERVATIONS(CLAFHAUNTATMINTON) PACE 30 KING,WA Page 30 of 35 Printed on 4/312013 2:09:40 PM Document: CCR MOD 2013.0326001108 i3ranch :WLK,User :CSCU Comment: Station Id 1IOG company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Section 15,3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Member. Section 15.4 Joint and Several Liability. in the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. section 15.5 Martl;agee's Acceptance. 15.5.1 'this Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee's Mortgage. 155.2 Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage sha 11 remain in full force and effect as to the entire property. Section 15.6 City Rights. The maintenance obligations of the Association, as provided in the Declaration or on the Plat, may not he amended or terminated without the prior written approval of the City. The City shall be deemed to be a third -party beneficiary of this Declaration, with the full right to enforce all provisions relating to the maintenance obligations of the Association set forth in the Plat. Section 15.7 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial Invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 15,8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 15.9 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 15.10 Effective Date. The Declaration shall take effect upon recording. DEcLARAT{ON OF COVENANTS, CONDITIONS, RESTRICTIONS AND RISCRVATIONS (CLARaMONT AT RLNTON) PAGr 31 KING WA Page 31 of 35 Printed on 4/3/2013 2:09:41 PM Doaarnent: CCR MOD 2013.0326001108 Branch AV1.K,User :CSCU Comment: Station 1d :E1QG IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first herein above written_ DECLARANT: Tall WA LP, a Washington limited partnership By: Toll WA GP Corp, a Washington corporation Its: General Partner By: Eric e Its: Division P i nt STATE OF WASHINGTON ) } ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Eric H. Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Division President of Toll WA GP Corp, a Washington corporation, general partner of Toll WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument_ Dated this tday of.14nk 4 r 2013_ 7— /" I a /411cr (Signature of otary) ='OP'T i12. j��p-T on {Legibly Print or Stamp Name of Notary) T�yAppg 28, 2013 Notary public in and for the state of Washington, dId residing at WO*A' . 1A V-0 My appointment expires DECLARATION OF COVENANTS, CONAITIDus, RESTMTIONS AND RESERVATIONS (CLAREmoNT AT RENTON) I'AGE 32 KING,WA Page 32 of 35 Printed on 4/3!2013 2:09:42 PM Document: CCR MOD 2013.0326001108 Brancli :WLK,Uscr :CSCU CommQnt: Station Id :EIOCT EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lots A and B of King County Boundary Line Adjustment No. L04L0055, as recorded under Recording No. 20041223900001, records of king County, Washington, situate in the City of Renton, Washington. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTION$ ANG RMRWATION5 (CIAPEMQNT AT RENTON) ExHimA KING,WA Page 33 of 35 Printed on 4(312013 2i09:42 PM Document: CCR MOD 2013.0326001105 • Yk Branch :WLK,User :CSCU Comment: EXHIBIT B LEGAL DESCRIPTION OF THE ANNEXATION PROPERTY LOTS "A" AND "B" OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO, L041-0055, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; EXCEPTTHAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT "A"; THENCE NORTH 88"20'01" WEST 208.78 FEET ALONG THE NORTH LINE OF SAID LOT A; THENCE SOUTH 0'05'31" EAST 66.46 FEET; THENCE SOUTH 29°06'29" WEST 31.64 FEET; THENCE SOUTH 64°39159" WEST326.97 FEET; THENCE SOUTH 813°20'01" EAST 519.60 FEET TO THE EAST LINE OF SAID LOT A THENCE NORTH 0"02'05" EAST243.10 FEETALONG SAID FAST LINE TO THE POINT OF BEGINNING.- ALSO EGINNING; ALSO EXCEPT: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 0`02'05" WEST 531.71 FEET ALONG THE EAST LINE OF SAID LOTS A AND B; THENCE NORTH 89°57'55" WEST 105.00 FEET; THENCE NORTH 0°02'05" EAST 39.50 FEET; THENCE NORTH 88020'01" WEST 327.02 FEET; THENCE SOUTH 1"39'59" WEST 95.00 FEET; THENCE NORTH 88"20'01" WEST 44,43 FEET; THENCE SOUTH 0°02'05" WEST 359.79 FEET; THENCE SOUTH 89°57'55" EAST 90.00 FEET; THENCE SOUTH 0°02'D5" WEST 33.71 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 76.00 FEET; THENCE ALONG SAID CU RVE 84.08 FEET THROUGH A CENTRAL ANGLE OF 63'23'27"'- THENCE 3`23'27";THENCE SOUTH 34"12'17" WEST 17.74 FEET; THENCE SOUTH 1"39`55" WEST 92.15 FEETTO THE SOUTH LINE OF SAID LOT "B"; THENCE SOUTH 88"20'05" EAST 359.03 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT "B" AND TH E WEST RIGHT OF WAY MARGIN OF THE 148TH AVE SOUTHEAST; THENCE NORTH 0°17'34" EAST 164.66 FEET ALONG EASTERLY LINE OF SAID LOT B; THENCE NORTH 0°02'03" EAST 458.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. (ALSO KNOWN AS TRACT X, CLAREMONT AT RENTON, ACCORDING TO THE PLAT THEREOF RECORDED UNDER REC. NO. DECLARATIONCFCQVENANTS, CONDITIONS,RESTRICRONSANO RESERVATIONS (CLAREMONTAT RENTON) EXHIBITB Station 1d :E1OG KING,WA Page 34 of 35 Printed on 4/3/2013 2:09:42 PM Document: CCR MOD 2013.0326001108 t Branch :WLK,User :CSCU Comment! EXH1B1T C OWNERSHIP AND MAINTENANCE RESPONSIBILITIE5 This table identifies the various portions of the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and who pays the maintenance costs. Station Id :E10G Tractor Easement Owner or Easement Maintained By Paid By/Assessed To Benefitiary al Lots Individual Ownersindividual Owners individual Owners - Open Space Association Association Assessed to All Owners - Open Association Association Assessed to All Owners Recreation Tract Detention F City of Renton City of Renton City of Renton — Future Development Declarant Declarant Declarant n facilities for Tracts A Association Association Assessed to All Owners nd Irrigation Water and Power Billings Drainage Easement aver Lots Easement Benefits owners of Owners of Benefitted 13-15 Lots 12-14 Benefitted Lots Lots pay for the portion of the drainage facilities used only by that Lot and share equally in maintenance costs for the portion of the drainage facilities used in common. Public Sewer Easement over Easement Benefits City of Renton City of Renton Lots 8 & 9 and Tract X the City of Renton Street Trees Owner of Lot upon Owner of Lot upon Owner of Lot upon which Street Tree is which Street Tree which Street Tree is located islocated located Sidewalks City of Renton Owner of adjacent owner of adjacent Lot Lot Street Lighting City of Renton City of Renton City of Renton DECLARATION OF COVENANTS, CONDITIONS, FLESTRICTIONS AND RESERVATIONS 1CLAREMONT AT RENTDNI ERHISLT C KING,WA Page 35 of 35 Printed on 4/3/2013 2:09:43 PM Document: CCR MOD 2013.0326001108 Return Address: Jonathan Offenkrantz Assistant Vice President and Counsel Toll Brothers, Inc. 250 Gibraltar Road Horsham, PA 19044 20311118001341 C4 0 55.00 PAGPOTOff 9F 0040 11/18/2011 14:44 E2519102 KING COUNTY, WA TAXSALE 88,145.36 $4, 51,705.32 RAGE -001 OF 001 Document Title(s) (or transactions contained therein): 1. Bargain and Sale Deed Reference Number(s) of Documents assigned or released: (on page —of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. CAMWEST EAST RENTON LLC, a Washington limited liability company Grantee(s) (Last name first, then first name and initials): I. TOLL WA LP, a Washington limited partnership Legal description (abbreviated: i.e. lot, black, plat or section, township, range) LOTS A AND B KING COUNTY BLA 4 L04L0055 REC NO. 20041223900001 ® run legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number 1023059023;1023059390 C BARGAIN AND SALE DEED Grantor, CAMWEST EAST RENTON LLC, a Washington limited liability company, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in nand paid, receipt and sufficiency of which are hereby acknowledged, bargains, sells and conveys to Grantee, TOLL WA LP, a Washington limited partnership, the real property legally described on Exhibit A attached hereto and incorporated herein by this reference, situated in the County of King, City of Renton, State of Washington, subject to the following: (a) Exceptions I to 8 listed in that certain Owner's Policy of Title Insurance issued in connection with Order No. 400$1611- T35 effective as of the date of this instrument by Title Resources Guaranty Company to Grantee; and (b) such state of facts as may be shown by an accurate survey. DATED this /I day of November, 2011. CAMWEST EAST RENTON LLC, a Washington limited liability company By: CamWest Development LLC, a Washington limited liability company,its sole ember By: f, �AA Eri m bell Manager, Chief Executive Officer and President w STATE OF WASHINGTON } • } ss. COUNTY OF KING ) On this day of November, 2011, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eric H. Campbell, Manager, Chief Executive Officer, and President of CamWest Development LLC, the limited liability company that is the sole Member of CAMWEST EAST RENTON LLC, the limited liability company that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was duly executed, qualified, and acting as said Manager, Chief Executive Officer, and President of CamWest Development LLC, the sole Member of said limited liability company and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. r Z !, i' . q �" A9x-- (Signature of Notary (Print or stamp name of Notary) NOTARY PUBLIC in andfor the tate of Washington, residing at My Appointment Expires: 0 Exhibit A Legal Description of Real Property LOTS A AND B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO_ L04LOO55, AS RECORDED UNDER RECORDING NO. 20041223900001, RECORDS OF KING COUNTY AUDITOR; SITUATE in the CITY OF Renton, County of King, STATE OF WASHINGTON. 1 i1 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT RENTON) .:PAGE:.T DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR CLAREMONT AT RENTON, A SUBDIVISION ToII WA LP, a Washington limited partnership, hereinafter referred to as "Declarant", ma0s this Oe�laratiao-.a5 of the 29h day of January, 2013. : SUBMISSION OF THE PROPERTY TO THIS DECLARATION A Declirant]'is`the owq&:.qf the r0l.p.roperty and improvements located within the City of Renton, 6ou'nty 0i M6' , Staxeb�f Wasfiih--'&-` ri, tommonly known as "Claremont at Renton" more particularly described in E)ihibl1-:A and Exhi6itjd attached hereto and incorporated herein_ B. An owners` rs' as '. sociat'i'an fb:r'CJ6rem'ont at Renton will provide for the maintenance, preservation and archit I ottv . r - al cqJh'tro1:"6f the L6,ts a14'i6jracts (0's6'Pfined herein) within the Property as more fully described :h ere. n. The the `y C. Declarant hereby.:. submits t e Propeet _-�'des-c'ribecl in Exhibit A to this , ..; .. , ;:. of Declaration. of Covenants, Conditions, Riestrictions--and Reser0tions rneclarat(on" or "C:C&Rs"). These CQ&11s7:are intended to create a como.rehensiv'o•.syOten:of 'd-.qvqIopm6t, arclilteoural controls, admini'stration and maintenance thQ..:"'Property t9-_qn ha rite the -:-i/aW6 and attractiveness of the Property, and to protect and benefit the interests of thy. owners of the Property, Tl I is ::. Dedd: ration provides a procedure for the f4ure, ex'pansib . n " of Claf .: em6nt...6 t Renton to i - Kcluda;some or 411 of that real property described in Exhibit a.' Th`-�-be'cla�.Aio:.h sh.All run with tho"land,brid hind Cfeclarant, its successors and assigns, all subseq6ent.-o '_ wne , i . s of the.. -:,Property or airy part th&eof a's proVided herein, together with their grantees, suc . i . ae,ss. ors . heirs, executors, -.--bdmirilstra.fors, deAsees and...assigns. Any conveyance, transfer, sale, a 'ign.ment, lease or 0. Mlease of aq real Rrop�rty interest in any portion of the Property subject W Phis Declaration, shall ; :av1d h�re'byj's d "med to incorporate by reference at( provisions of this Declaration. Article 1. DEFINITIONS..,! Section 1.1 Definitiont-,'For the- purposes of .-this Declaration and any amendments hereto, the following definitions shall apply; y; "Amended Declaration" shall mean an`-,amen&ne-6t to,." this Declaration and includes any amendment recorded pursuant to Article . ':.14 t ' hat sub}ec' is additional property to this Declaration, and/or creates or imposes additional easem-p.nts,' restrictions,...8nd:..,-obligatibns on the land as described in such instrument. "Annexation Property" shall mean that Property legally describeflp- Exhiblf-B wh:ich:fnay be added to the Association by subjecting it to this Decla ratio rf'a.s ser,:forth in Artltle 14. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESURVATIONs (CLAREMONT AT RENTON) 7: PAGE. -2 "Architectural Contral. Committee or "ACC" shall mean the Board, as defined below or a com. rniftoe..Py that name designated by the Board. shall mean the Articles of incorporation of the Association. Assessments" shall mei-n -sums chargeable by the Association against a Lot as pfbvided iri'Als Declarali6n, lndding`without limitation: (a) General and Special Assessments .ibr maintenance,:-'rep0'ir or re'placerxi'At of Com ' mon Area, Association Maintained Areas and any oth6r.pr6p&ty �f thO Association; ( M Specific ses_srnents against a Lot; (c) fines imposed by the Associaflon;'--(d) interest a n d.* late .-.-cl 4iges on'V�Y' e6quent. account; and (e) costs of collection, including reasonable nable otiey e . 'Association in connection with the collection oorri:s'..fees�;'�incurrd by`ih of a delinquen-til0w6er's acCOU6't. "Association" sh'�41:.rrean,,ihe Washington non-profit corporation, as described more fuAy it Article .3 aril its successors and, assigns. "Association facilities, improvements and portions of "Association Maintained Area" �-Shalf m. the Property that the Association is obligated td -th :...ed Area aintain.,-` e,,Assodatidn Maintained includes the`property and improvements des4ibe�m'In"S-ection Wing the Com Mon Are4,as defined in Section 2.1). t' "B, r shaIl mean and refer to the Board of Directo.rs of the Aiisocia iOn, as pn6vided for in Ahicle,:3, and any,::board, group or entity of the successor or assign to the Asy ocMiqri serving in a!Jorripoiable :6apaeity to the Board of Directors, .......... "Bylaws"s.h'all mean'the bylaws of the Association as they may frop time to time be ann:ended. "Class kMembet? shall- M` ean ali-Qwners other than the i)eclarant when the Declarant is the Class B Member`lf thO Oeclarant is ho longer the Class 8 Member, then it shall mean all Owners, lncluding,Oeclara4t..-.-` "Class B Member" shall rfiezC67the QOclarbnt. "Class B Control Period'"inti"'`Control sliall:meau ihe.periad of time during which the Class 8 Member is entitled to appoitit the'rn6nbe�s 6f thpI,0,oard.,",.The...Class R Control Period shall terminate on the first to occur of the.-'fpl.lp ing::I* (a) when 75% of the total number of Lofs on'therpropertydescribe xhibit "All, and Exhibit "B" (if subjected to this., :becYrat.16n .8 pfqVided herein) have certificates of occupancy issued thereon add have been qmveye. -�Ao �-Ias's *!-�A" Members other than builders; (b) December 31, 2022; Gr DECLARATION OF COVLNAN'(S, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLARFMONT AT RENTON) PACr3 when, in its discretion, the Class B Member so determines. -fVty" shall mean the City of Renton, in the County of King, State of Washington. Co mmon Area" Isball mqari0[l:-..real property and improvements thereon from time to tirrle" o d eas-od by the.:,Associ `4ion for the common use and enjoyment of all of the wne b r 4t Members -:'The Cdmrobn Areb may.:�bbt need -not) include common areas, tot lots, recreational facilities.," p;jrks .':'and.` othier`ppen spacq, lake, streams, utility facilities, private streets not d to the'Ut y ofRen%n or..�. s and fencing on Common dedicate trail system Areas. The Gammon; inciodes the pr rty ::affi'd improvements described in Section 2.1 of this Declaration.--' "Declarant" shall-m_en To:il WA LP,'a WashIngtori` limited Part 6ership. No successor and assignee of the Declarant shall have�..-a'ny,.-:right-s pr obligatio6s of the, 0,6clarant hereunder unless such rights and obligations are., specifically �ssign-&&':Jo -5ucb"-Prty by written instrument designating the party as Declarant hereuinc!Oro? which pasty qperqflon of law. "O'echriation" shall mean this Declar6tion of Covebants", C6.nditions,"-Restrictions and Reservations, as it,may be amended from time fo::time,6r su ppl6mentedjnjhe nyannPr pr-ovided 'Tretry .NlonOment" shall mean any entry monument, sig4 laritl!56aping,` lighting and other J irrjproveihcnts' that are installed by the Declarant or AssoC!2tie-n .... U?..�. ma'rk....'an Otry to the Ommnity..:�' "Fire Lanes" sbalf',rneao any areas within any public right-of-way, ea Se'�'LM6nt or on private property that is the use, trbvel,and ..parking of fire trucks and other firefighting or emergency equipment. "HOA" shall mean the -dar4moo't at Renton Association, a Washington non-profit corporation, as described mare f0ly in Article"3 and jts:sqccessors and assigns. "Home" shall mean aphysicalstructure located cin a:16t.--that is designed and intended for use and occupancy as a dwelling" shall mean and refer to a6y Of Ole 38:1ots shown' ::on the Plit, and any of the 53 Lots which would be added if and when some.. -.,,Pr all ofthe::real property dekribed in Exhibit B is subjected to this Declaration in an Amended o'r'S:upo'lemntaJ.'--IDei;fari*iion--.'O.wri6'1-sh.ip of a Lot shall include ownership of the Home and other Imp eby.'e' . melit now or hereafter consi'P I Ucted on the Lot. "Member(s)" shall mean the Class A Members and the Class 8 Member: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND REsr:RVATION$ (CLAREMONT AT RENTON) _PAG�A "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a 6t:0"nd'.A.a.J.l.also mean a real estate contract for the sale of a Lot. !Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encunibra ' nce pn-a�:Lq.t or Tract created by a Mortgage and shall also mean the vendor, or the des ne areal estate"con tract for the ig - 6 of veAdor, of a" sale of a Lot or Tract. For the purpose of d6 . terni'i-nin.- the pekenta'je pf7-"first ly�6rtgagees approving a proposed decision or course of 'action, a Mo.itgagee shall be Aeerne',. separate Mortgagee for each Lot and/or Tract on which it W6 --a Mortgage vqfi1chhsfituteW :.t6s,,a:Jirst lteop "said Lot and/or Tract. When exercising any voting rig " :. i Mortgagee here.006r, the, '74o�g:' ee shall have the same voting rights as the 'rights of 'a . owner of the'-Lroit subj et to'sucll,-Mcift.gage. "Notice and Opportunity to:'be Heard" s4611 mean the procedure wherein the Board shall give written notice of t -.ptpos6 o to all Owhers,"tenants or occupants of Homes whose interest would be significantly affected by- .thefirp-oosed action. Th6-nqfice shall include a general statement of the proposed actidiii.ari - d the e date,-.." - time.� . n t d: place o:.f'14_hearing, which shall be not less than five days from the date"noti v re by is.,�elli- e At the hearing, the affected person shall have the right, personally or by al:'repe,iesentative,,10 give tclstiiiibriy orally, in: writing or both ids specified in the notice), subject to -:reasonable rules of pV6cedure e*stablishhd the Board tq-.assure h S prompt and orderly resolution"af,,t,,.e.fssu6s. :.uch ' evjq,e.n.cq:sh6[I be..-tonsidered in making the decision but shall not bind the Board. The bffected:-Ve rso n shall b. notified of the '..': decisibn in.the samemanner in which notice of the meeting -w sgiver}. "Owner" s40 mean the owner of record, whether one or moy,q..perso'ns or entities, of any �6twhiZhis part of`th:e Property and, except as maybe otherwise expres�slyprqvidefterein, shall, .: . '".. d " An the`q.�e 'of a Lb,.*hich has� been sold pursuant to a real estate contract, iQt!lu .:e any person of record holdin&...:b Vende.e'SJnterest under such real estate contract, to the exclusion of the vendor the:re.under,.,,.::'OWner...-does' not: me ' aa.any party holding an interest merely as security for the performance of an obligation.. Verson-` ---shall ir)Juie n'atur!a:l:....p�'rsq'ns,',::partnerships, corporations, associations and personal representallves". "Plat" shall mean the" -plat for 5t-itenton wlhich.'tIeolc:ts:the layout of the Lots and Tracts on the Property. The Phase I Piat:foH`h'e.P6rty `r op. *as recorded :at'Vol.urne of Plats, at pages through under Rcorder s:File: No. ` cot I0 4' records of King County, Washington. The definition.: Of Plat shall ;include the final Plat for subsequent phases if the Association is expah0d to include -the Annexation Ptoperty. "Private Drainage Easement" shall mean those-Aralq . tige: i easemep ts,`Iocated on certain Lots, asset out on the Plat, that benefit other Lots, as set out: intoe Plat. DECLARATION 01; COVENAN-rs, CONDITioNs, RESTRICTIONS AND RESERVATIONS (CLARWONT AT RENTON) PAGt ;5 "Property" shall mean the real property described on Exhibit A attached hereto, and any portion df .the Annexation Property described in Exhibit B, attached hereto, if such portion is to this Declaration aration by the recording of an Amended or Supplemental Declaration. "Publit Stormwater Facilities" shall mean the detention vault and other stormwater facilities"loc?'ied"Within Vo..ct I which'N,owned by the City of Renton. "Public Wility.'tas# . merit sh:all`me�wtho , se easements within the Property created on the plat,::,T y ..fo motility inttallAti6n an4'-.1'- ma-linten0c.e,including but not limited to power, tel eromm unicatioris, CA�le felev.ision water,1.1,SAWt.:�" sewer, natural gas, storm drainage and accessory equjpment _together y%tithAhe right.-to.6ht#r upon the Lots and Tracts for said purposes- "Street Trees" shall -.tiiean::1he street trees located on the ,Lots adjacent to the public streets in the Plat whl - �h,..aie maintai.fied -by t-he..066'e4%:pf the Lqi:ippon which the trees are located. "Street Lighting" shall mean thc_lighiing for.streets within the"Property. he.: lacierneM bf whiGh p'.on any .- Lof may iructure" shall mean any thing or object t"p u affect itsappearaftce, including, without limitatiah,any,6uilding .karage,..porc6, sled, g-feeofiouse, patio, deck,.-.swimit ing pool, play structure, curbing, paAng,:`tre6 house, fenc6, -rockery, hedge; sigq, sfkue,.-antenna, dish or other receiving clev[ce,;,-br the 111k6,4nd a.hy ekcav&fon, fill, ditch',darn, or Other ' Ahing or device that affects or alters the natural flaw `of suace waters or any naf6ral p'r' artificial stream or drainage channel upon or across any Lat,p.r -Tract. t , I 54plem e�pial Decl4a.tion` shall mean an instrument that 5u bjects' add itiobal property to this Declaration; :a::rtd/or--cr:f ates or imposes additional easements, restrictions grid obligations on the1and de efibed in such-.Instrument.as more fully set out in Article 14. "Tract" shall M'6an and refer-to any of Tracts A, B, I and X as shown on the Plat and any improvements thereon. Trkts A and B . :-a.re.--oWhed-:by the Association. Tract I is owned by the City- of Renton and is not "P%aft of:the Associatidn....:tra.ci X is,aJuture development Tract subject to the annexation rights set out in Articiia-14.` The Asso.c':Iatinn has the obligation to maintain landscaping within Tract A and Tract B as . i' s ore ful et-but in Se� tion: : 2.4, aftd.Exhibit B-1. "Yard Landscaping" shall mean 1andsc'apii g installed by Declarant-or installed by owner on a Lot, including trees, grass, shrubs and id o r plantings,.:' the. �a41hcludels the Street Trees located on tots. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLARFMONT AT RENTON) ; PAGEA Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS t6ctio"h.2.1 Description of Common Area. /coinprised of the following: T -iract,A --bpen Spke Tract - ; -Tra 0 Kfi. pace/Recire .atiop Tra ct Tra ci.. I Adihe-:ileteb-tioh vault and ,"agi m d rain agE maintained by 6-eCityqi"Renton..T (zf . ct X is.:g ji t'U re Association asset out JA Article ;.1'"4. The Common Area as shown on the Plat is facilities located in Tract I are owned and evelopment Tract that may be added to the Section 2,2 Ekicdiion .of Co mmbn Area. The Declarant, by recording the Plat, dedicated and conveyed'lh,q-'Com : ' Mon ',,Are.a,�'.(wi:tho.ut"-war�'r'zi.qty) to tPe:Association. In the event that the Association is ever dissolved, then .=each Lot in f6e Plat:shall include an equal and undivided interest in Tracts A arid.. Bl5reviousIV awned `by,.the.'Assikiat ion and have the attendant obligation to maintain Tracts A and B. -Any'--,aedicatio'n of i2-6mMon...Area to the City can only be done with the prior written approval of the City. Re:n.t,o,n. Spction 2.3 Use of Common Area. Ea . tkqwrie'rOall havq.the.',.r)gh(---touse.th'e C&mmon Area in.-6mmon with all other Owners, subject to the .. t . e h . terms . and . caclitions of . this'be.0, iarai` 'ion, the Plat, irtdudirig easement rights of Owners, the Bylaws, any'--rules,-and-fegulatiops adopted by the Asso0atio!i-% and -'the following: The Association may regulate, restrict 6,r bar.-6se .6f portions of :the Gbm unreasonably increase Association _m6n Aroa,:Where ordinary use could be dangerous, unreason . casts, be detrimental,: 4-tb thi environment, be inconsistent with development conditions, gmiorpment4eg6latio'hs or ezfsem'e.ntrights affecting the Property, or be inconsistent with its designation as open : . Spaci§ ora sensitive area tract on the Plat. 2J. 2.-"' Th'e Associkipn shall have the right to dedicate or transfer all or any portion of the IT1on.--,Ar6"1 includ6ig paserinenM % hereon, to any public agency, authority, or utility for such purposes and subject to soch Co'nd,Ition§@s. may be agreed to by the Members. Except as dedicated or transferred herein, -.-ho di2dication::or.trahsfer shall be effective unless two- thirds of each class of Membe'rls'lvote or..' -'consent fri writing W:;-'U'ch---declication or transfer. The instrument dedicating or transferring all or "anti portio'h h of. ' I he Com, mpn Area shall be duly executed by the president and secretary . `or other officer "of the A`:ssoc4a;tion"Who shall certify that the requisite vote or consent has been obtained'' Section 2.4 Association Maintained The;,"' As0oda:tiory Maintained.'... Area is comprised of the following areas, facilities and improvements;' a The Common Area, including any irrigation system serviih&byiportion ofthe' Common Area DECLARATION OF COVENANTs, CONDITIONS, RESTRICTIONS AND RESE-RVATIONS (CLAP EMONT AT RENTON) A'AGU,,7 13 Any Entry Monuments and Association Signage -4h' As�"6' improvements or s ciatiqn Maintained Area also includes any other areas, facilities, imp propqrty,.qcquiied by the Association or for which the Association has, or assumes, responsibility :pursdant-to I" Dfelaration or any covenants, contracts or agreements. . Sectibln, 2.5 ,,-.-.AssbcIatJgLn Maioienance Responsibilities.. The Association shall have full responsibility for::the-maintenance -`'repair,fep!acernent and improvement of the Association Maintainea Area -.a,nd:`any,piivate u j�it: facilitf herein. All such areas and facilities shall be reasonably maintained for their intepd, use;'stj jkt to applicable governmental restrictions. The costs of maintaining thb Assoco."tion-%,:Vlam a :; Ine, r..;ea shall be assessed to Lots as set forth in Sections 7.4, 7.74nd--txhibIt C.:° 'ation---:!af�e, -`Any."-Ow-rIer rhay Section 2.6 Dblqg clelegate,: Jn accordance with such rules and regulations as the AssqJatio`ri sh.0 pr6m"Ulgate, hlls'pr hertight of use and enjoyment of the Common Area to family me . miler . �, guests a6 , d te , fib n ! ts of.suc'h':6wner. Each Owner shall be responsible for informing such Owner's-fam! Jy rfiembers, - ants and service personnel of the contents of this Declaration as well asbny ;rule�. arid regulations that'may:Ib:e adopted:.by the Association*a:s they may relate to the use and e,hjoym'n'f,of the Cd'rnrhbp Area. Each Owner"Shall Common personally liable. for any damage to any Com.on Brea.ibr -any othek'"area . L: maintained �intained by the Association o.r...to art',other property of the Association, whether real or personal', caused.'by the Owner .6r thd-_OWner's family member, guest, tenant, agent; WprkOan,.eantr.actor'or 6thO licensee or invitee. The Association may have a lien upon the Owner's Lot for the1i'mouPt of suc.Fi damages as deterrr)fned by th6'13oard after Notice and Opportunity to be Heard,:,_. - "Section 2J.:.-:: Public'Utility Easements, The Plat creates various earm0nts within the P (oper-Ly for ptiblit util.itf,instbolation and maintenance, including but not liMited to, power, telecbTmunJcaiiohs, cbble::teevi5i nw, ter, sanitary sewer, natural gas, storm drainage, and '40„,�a accessor*yequiprTkent; togbthet With the'rJght to enter upon the Property at all times for said Utility :n )_Within . � these Public Utility Easements, no structure, planting, purposes (”Public: U till, ase-m� v. v or other material shall be ,played ed o -i peinnittecloto remain that may damage or interfere with the installation, rnaintenabtei`anO use..'of utilities.,..: Each Own " er must continuously maintain any such easement area located withifi their tot. Allutilityfacilities within such Public Utility Easements that serve only one Home hall be `Jna ' intai ' hed :by that.:)4ome's owner, except for those k' : improvements for which a pub�authbnty�'or u6ity.�compian�'or t,bo'Association is responsible. Section 2.8 Private Storm Dr6inage-Easefinents. ` The Plat creates a private storm drainage easement over Lots 13-15 for the be,6,efit-bf Lots 12-14, Other prNate storm drainage easements may be created if the Annexation Prdp'ert� is made--%s6bject : -, �to tkiis 7 The 7a'll be the maintenance of the shared facilities within those private.-_'storrh drainage ea�.e'ments sh f .'theieln on: 64...equ . al basis. responsibility of the Lots benefiting from the storm clrallnag@' aq ities The maintenance of any portion of the drainage facilities used%iy drily ane Lot"Sh.ali be::'the the responsibility of the owner of that Lot. DECLARATION OF COVENANTS, CONDMONS, RFSTRICTIONS AND RESERVATIONS (CLAREMONT AT RENION) �PAGE Section 2.9 Signage Easement, Declarant hereby creates, for the benefit of the Assa,iati�n, a perpetual easement on, under, over and across the exterior ten feet parallel with and abutting afl. public rights of way and all private streets, alleys and drives in which to install and m.0intain..Street_signs, directional signs, no parking signs, other types of signs, address columns and p 11t ry.;rri o ri.0 meats. . ,5ectioFrt 2.1U ':,Associatiwn Functions Easement. There is hereby reserved to Declarant and the Assotiatipn or their riuly autitorized.-agpnts and representatives such easements as are necessary: td: pe form' the duties a6d.'g6llgati n�.,of the Association as are set forth in the Declaration, ter in�the Bylaws,;and rults`and reguia~#onS`adopted by the Association. Section:Z::.41- Easset for4ntoy 13y;;ecurity_Patrol. If the Board contracts for security patrol service, said service, and its employees; shaJ1 in have the right to enter onto any of the Lots, and the Common Area i,wvder to carry out their dd.ties'under such Security patrol agreement; provided, however, that, said patrol 5ervite ci`n ,enter a Lot:.only if.,it,;is either (i) doing so with reasonable cause of imminent dangor; or (ii).,acting )iitK,--the :con..s'ent'of the Owner or tenant of such Lot. Sedi'I: n.2.12 Publicly Owned Tract. Declarant`has dedicated"'Tract..I to the City;' Thi City has fee title and 11 own, operate and maintairi the land acid the stprrrtwate,� detention f�dlities therein.: Section 2.13 Easement for Development Activity. Decla:ranf and its Om.�joyees, agents, and:�desigiees shall:have a right of access and useand an easernetl.t.bver;�nd- upon all of the Cprnmori Area for the ,puTrpose of making, constructing and installing s6ch.,mprovements to the Common Aria and.,to any property described in Exhibit B, as it deems appropriate in its sole discretion. Article 3. HOMEOWNERS ASSOCIATION. Section 3.1,... Esta`bI}shmEnt. An ,-association called the Claremont at Renton Homeowners Associ�twn (the "Associatio'n" ). shall seryas a homeowners association for all Homes in the community. Section 3.2 Form of''Assotiation. The Association is:A "r onprofit corporation formed and operated under the laws of the State bf y+las4irigtQh- Section 3.3 Articles and Bows. 156clarant.fias or will adopt. Articles of Incorporation for the Association and has or will propose the'.ado'ptiotl of .,' itiol B�laws'to,-stip'pJ:ement this Declaration and to provide for the administration of'lhe,-:Assoiciation and ;the' Praperty_and for other purposes not inconsistent with this Declaration. In the evont of any. confliC("between"'th.is Declaration and the Articles of Incorporation, the provisions of.-this peclaration,::shaWprevail'. Thee. Bylaws provide for the administration of the Association and the Property, atd are pfended"to DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT Rr-NTON) I'AGO fur%her.-I.he intent of this Declaration. In the event of any conflict between this Declaration and any 6jla#s, th..provisions of this Declaration shall prevail. Section'14 Board of Directors. The Association shall be managed by a Board of Wreqtbrs. The -Oire.=Ts--.shall be elected or appointed as set forth in the Articles of Incorporation a nd-.bylav s of,tho"Xssociation. A rflajdfily-of the Directors elected by the Class A Members m ust be meirnbeis of t W6,ciatiin.T 'ctors appointed by the Class B Member need not be : �bie Dir� �h�en,I46rs of the Association'. Se ssociotioq- . ect'l-b"n 3 Mernbershir� .. qhr cl'Votifik Whi - �. The Association shall have two classes of voting memb6rship: 315.1' Each OvMr r;'- except the Declarant when the Declarant is the Class B Member, will he'Cl.ass A Members.- -%`Eacl� Class -A Member will N entitled to one vote for (Y each Lot owned, whether improved r not. Wren "more than- one 13erst n holds an interest in any Lot, all such Persons shall be m6MUrs. .--ihe..► ot-Lin" fovia'a"c"fi su't"h l of shall be exercised as the joint owners may decide among themselves,. but in"'noevent sNil M." ore than one vote be cast with respect to ally one Lot. 3.5.2 The Declarant wiil,J:n,!-tia:lly,.'-be tie The Class B Member wilLbe entitled to three votes for each Lot it o)�ns. Thi Class B class' of 4nembership shalltea5e iupW th6occurrence of the earlier of the following: events:.:`( upon terrn---i na;i-i6n of the Clast B Cd-ntroV:Pe0d; or (ii) when the Declarant determines, rezd'rided Fnstrurn�ht. At that time, the Class B Membership will convert to Class A membersKipJ0r-,-ea1qh L&t still owned by Declarant. Section .9. 6:`Tr�!nsfer Association-of Mgmbership. The membership in the �6ciation of each Own : er. (inclu&46eclS . rant) 0611 be-appurtenant to the Lot giving rise to such membership, and shall not 6e'transferred in:`any:-WOV except'lupon the transfer of title to the Lot and then only to the transferee of titV - -to the Ot, atu-mpt to..makp a prohibited transfer shall be void. Any transfer of title to a Lot sff4.�l operaee.autofn' the membership in the Association to the new Owner. Section 3-7 Books =ancl Records;' The Board sh - - all 6:6se to be kept complete, detailed, and accurate books and records 6A the're cleipt!;`a nd.ex pen d itu reg,,of "the Association, in a form that complies with generally accepted accounting princifIles.: Section 3.8 Inspection of,Association Documents: Books and. -Records. The Association shall make available to Owners, Mortgagees, 'p . r1p o�pective urcliase;; and thvW, prospective mortgagees, and the agents or attorneys of any of tl ",:'current.,topies Of this Declaration, the Articles, the Bylaws, and other rules, books, records, and fino:ncial statements of 66.;Ass6ciation, and the most recent annual audited financial statement, if one .. 1i I s: . prepare.d:. :"Avai'ta.616" available for inspection upon request, during normal business hotiris, or und& oth&-.-.reasona6le, DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT RENTON) :.PAGE .10 circumstances. The Association may require the requesting party to pay a reasonable charge to poy the Cost of making the copies. Section_ .9 Financial Statements. At least annually, the Association shall prepare, or cause to he prepared-a-t:the expense of the Association, a financial statement of the Association. lection 3.10,.-" :-,.Audit QCFinanciafStatements. If the annual Assessments are fifty thousand ifollars' ($5i],fl00) ,.or r>iore th finalidal statements shall be audited at least annually by an independenfi.�ertified..public accountatit,,uriiess toe.audit is waived by sixty-seven percent (67%) of the votes cast by'th Members, in-.pi5rso l or:by proxy; at a meeting of the Association at which a quorum, as defined by"i e" ylaws of..the Association, is present. For each year the Members desire to waive`the~�udit�'the.�Mempers.m6st` Vbte to waive the audit in accordance with this section. In addition, the: Board or.a mgJority of the Owners may at, any time require an audit prepared by an independent certified pubtic:dcco.� ntorif whi-eh shall bl � paid for by the Association. Article 4. MANAGEMENT OF TH1E ASSOCIATION Section 4.1 Administration of the R. o 'AV.The admin stration'of:,the Property shall be in accofdance with the provisions of this DeClaration"and the Bylmks of -the Association which are made'a part hereof. Administrative power ar4-.uthority.shall-be yested in.,Fhe Board. Sectiion"4,2 Authority and Duties of the Board.: On' behalf :bf and aeting for the Association; the,$oard, for the benefit of the Property and the Mei be-rs; t6l h-ave'`all powers and authbrity,permitted 6 the Board under this Declaration including, bU-tnot, iimit•'ed :to, the following: 4.2.t :. Levy, collect, and enforce the collection of'As�essriiients, as more particularly set;fofth in,Article 7 hereof, to defray expenses attributable to carrying out the duties anc! € inctions`ofthe &sociatio.h hereunder. `4.2.-2 .`' Require. any officer or employee of the Association handling or responsible for A'ssociatiorf'f i:r ds.to fu nisfi adequate fidelity insurance, the premiums for which shall be paid by the:AsseciatiDn. . 4.2.3'--::, Enter ,0to:-agreements with' one or more qualified persons to provide for the maintenance arrd.•sepair::of tb'e Common:=Areg:an&-the Association Maintained Areas, the collection of Assessments, thl':.sending-iof all' required.notices_ 1~o.9wners, the operation of Association meetings and other reguW.-.activities of the Association. ' 4.2.4 Contract and pay.`for`any,`'materials, supplies, labo-r..;or services which the Board should determine are necessary or proper far carrying'out its' powers and duties under this Declaration, including legal, accounting, management,,:5ew6ty } aiwrol or --'tither seryipps; however, if any materials, supplies, labor or services are provided for particttlar:i_ots: or the:lr,.... Owners, the cost thereof shall be specially charged to the Owners`:of such Lots. The._B,oa:rd r66Y pay the Declarant a reasonable fee for any services it performs on behalf of the 1t5'sodation. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT RENTON) PAGE.,f l 4.2.5 Pay for water and power for irrigation of the Common Area and Maintained 'Ass'o'ciaiton am ained Areas. -4.2.6 All checks, drafts, or orders for the payment of money, notes, or ot4& evide6ces:b indebtedness in -the,iname of the Association shall be signed by such officer or officers; agent'o r age -M - �ociafl �'n and in such manner as determined by the Board. e -M of.' s SeOibn 4.'8 Treelrimmin`_M.Ajnteniinu and Removal. The Board may require, at the Ovvner's_-'-6xpOnse',--the trimming - or,#`qtemedmeO'ssa*y by the Board, removal of any tree, hedge or shrub on the owner.,!9 Lot that 'the. ACC dkerryliRes (i) is interfering with the view or access to sunlight of any'Comrfion Area,�`(ii) Is,Inte.rfering 'with pedestrian travel on sidewalks or walking paths in the community.," or..(iii) With safe automobile travel in the community, provided that no tree m a'y-.be� removed - 0'nles� any nec��ssary.-permits.gre:-..pbtained from the City of maintainRenton. Each Lot Owner shall maintain and pay f6r the cost's of m6intOndrice of the Street Trees on his/her Lot. If an Owner vWishes to, remove . anyAr6e th'at is� ':part of the Yard Landscaping, including Street Trees, that is eight inch -es or greater in dlimbteT at . -breast height, the ACC must approve the removal of the trees. The ACC may require the re{ ort: --,of an af 'or jst attesting that a tree is unb.ealthy or that it presents a hazard to person gr All ibquests_-:':m4S'L be submitted for approval to the ACC in duplicate at}east 30,days prior Mt, p ro P- Us Lid removal date. r' - in the event the AC(--. fails to approve or disapprove SLI removal ifte :l within 30 ,'the request has been sqbm;iijted :to it, the ACC approval will be cleemofo fiave,rgivejn, 1n"th.0' event of an emergency, -notice sh6uld be given to the ACC as soon as practic4le and `the ACC'-`s'ha �.F provide a pro.m.pt reiponO:. In addition, no Street Tree or other tree on any':-Iot may.lJe remo.�ed without i cof. )plyin g with City.bf Renton,.tree removal permit requirements and any.."tf pPco'merrt obligations, Section 4.4:- Adopticiii of Rules and Regulations. When and to th6-extent it deems advisable, thQ::8o4' . rd nay a6ptreasonable rules and regulations governing the maintenance and A -Association`" - use of the comm.0"n ..rea,,..t:he Maintained Area, and the Property and other matters of mutual concern .to 1le*Ae�o'�t�rs, wh ch�j les and regulations are not inconsistent with this - Declaration and the. ,Bylaws, -and whic"h treat S11 Me'i'q-bers fairly and in a non-discriminatory manner. Section 4.5 Additional . I : Powers of Ihe,�ssocfat!67: n. in addition to the duties and powers of the Association, as specified _. ..herei'n';'anil elsewhere .:in th]5'-..:.Declaration, but subject to the provisions of this Declaration, th e'�Assd : ciati , on, acting thr6ugfi itsA3oard,..shall have the power to do all other things which may be deemed reo�sonabfy-riece sar" to .y carry out its..duties and the purpose of this Declaration. Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or lldairs. 5.1.1 Any Structures to be constructed,....e d 'p ace I '-M,. d'r -.Mterdd recte :. within the Property and any changes to the exterior appearance of any such Str,6cture,:�musf`biq DECLARATION OF COVENANTS, CONDITIONS, RESTRtC IONS Atoll RESERVATIONS (CLAREMONT AT RENTON) .:PAGF.f 2 red ievv.ed and approved by the Board, acting as an Architectural Control Committee ("ACC"), or an ACG apopinted by the Board pursuant to Section 5.1.2. Any enclosure or cover used in connection >wi.th S66"a'Structure or equipment or otherwise, whether temporary, collapsible or seasonal, shall 4eAreated as a permanent Structure for purposes of these covenants, and shall be subject to Al the conditions;- "restrictions, and requirements as set forth herein for all Structures. Nevertheless-; Owners are: -not regair'W:10 obtain Board or ACC approval for alterations solely to the interior' af`any ktbme or for flower !kxes or planters, ordinary landscaping, seasonal plantings or adrirnments, diid r orntal :�rlainterla6ce (unless re -roofing or re -siding with different materials or oCherwis6 alt+ rind the, mO�terials,,,"o:lois or d6sigp of the exterior of the original Home or any ACC approved changes)r>'Until th.e.,.�xpiratiarf df die Mass B Control Period, Declarant shall act as the ACC. Complete {Mans aid specifications 0f aL.ll°praposed Structures or exterior alterations and repairs, togethetwith detailed:pIans showiog the°proposed location of the same on the particular building site and other. -:'data' requested by.,the;``ACC must be submitted before construction, alteration or repair is begun. Construction; alt&at oh or"repair shalf not be started until written approval thereof is given by the ACC..:' 5.L2 The Board may -appoint an .CC _to review plans and specifications as required: by this Article 5. The ACC Iiiay include Board members angor" wners. It ',.-shall be composedof�'three or more representatives. All plans and specificatiQ s Submitted for-'app'roval by the qtC must he submitted in duplicate at le'as.,,30:00 ys.;prior to the,.proppsed :construciion or exterior alteration or repair starting date. In the event xhe ACC.Jails to approve or disapprove such design"and location within 30 days after said plans and<specificatioris have been submitted to it approval will be deemed to have been given, subject to thi-. provisions of $Obsection 5.1.3 and 5.14. 5:1.3 The maximum height of any building shall ire 6staWlshed as part 6f plan::appioval;.-by--the ACC and shall be given in writing together with the approtial. If the ACC Lias failed to clisa.pproye--tpch design and location within the 30 day limit, and':tuch design and location is thereby d#timed approyed,:,the maximum height of any building shall be no greater than is allowed under applicaiile, ibning, fond use and building codes. 5.1:4.-` The ACC may require that all plans or specifications for alterations of a Home or other" srg6ificant Structure' Eie: prepared.:by an architect or a competent designer approved by the ACC. One=cornplote set of th% plans ar d .specifications shall in each case be delivered to and permanently-.teft with :the --ACC ` 5.1.5 The submittal'Will" be.rev eweo„as to t,he_quality of workmanship and materials planned and for conformity and •harmony of 6e eicterior design with proposed or existing Structures on the Lot, with respect to tiipography, finish:gradeelevati6n, building setback restrictions, compliance with the Plat, and any duty' adopted architectural g>uidelimn...:.The effect or impairment that such Structure or alteration will have on the view.-br outlook of surrounding Lots may also be considered as well as any and all other factors Which, in the ACQs'bpinion,.,shall affect the desirability or suitability of such proposed 5tructure improve'me.tif, or: e7tteri r.,..- alteration or repair. The ACC shall have the right to refuse to approve any doign,-*i i.or calor ❑L•CLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT MENTON) .:1-AGE.13 f9f such improvement, construction, exterior alteration or repair which is not suitable or 06i6blie, in its opinion, and such refusal may be based entirely on aesthetic or other factors. 5.1.6 Neither Declarant (including any successor in interest to Decliranf's staiusj3s,,Declarant) nor any activities of Declarant shall be subject to the restrictions of this Article '5,ato any p.ropertypwneO by Declarant. 57r, By giijbrity. -vote, the Board may adopt or amend architectural guicl lines consistent"'With, this Declaration for rfliakipg its determinations hereunder. The Board may d6legatb su6h.task to thd'ACC. 5,1.8 :.,Every-:.,Every-Ownei` 04t obtain necessary permits before per -forming structural work on their Home. 5.1.9 No Stiuctti-re shalt be erected, aftLtked, placed or permitted to remain on any Lot or Tract unless then Svucture-:-complik with the'Plai, this Declaration and with applicable building codes and othe:r ap:plici8 . ble requirements. ...7he,-Owner may be required to furnish theACC with evidence that all nece=ssary permits have 4een:obtaifi'6'd-frq.,rn the City.for any work for W .: h . ith. approval is required under this'-'$ecti:6 ripr�iqr t-6 cci�-nm6ncement 'b f t h e w: b' r*�ll:,o r at any time1hereafter. < .-�' sectiOn'S.2 Declarant Facilities. Notwithstanding:.,iny provis[64: in this D . ecla'ration to `�t'4' the contrary,Dettaraht and its agents, employees and contractors. shall bpermitted to -'maintain, durk6g the: .'peridd of s:ale of Lots, Tracts, and Homes, upon such poriiort of. -the Vroo:erty-�"(other than th6s'e sold by:::becla'.'.rant)-,as.,,Declarant may choose, such facilities as in`-. the sole o.pinion of the U6clardi),m6y be,.ie nably'r`,e�quirecl, convenient or incidental to the construttioq, sale or rental &f::Lots, Tracts,.;jnd Home-, in(luding but not limited to a business office, sternage area, signs, banoers, mode{ units, gales.-.-offio�, construction office and parking areas for all prospective tenants or purchaters of Declo:rantl, Article 6. MAI MTENANC.F'O�LIG*l UNS OF OWNERS/ USE RESTRICTIONS/ EASEMENTS Section 6.1 H()m6:,an&Yard Maln"Ien6nce EXtept for such maintenance and repairs which are to be performed by:. -the Association :: to th:e'provisions of this Declaration, the 'd c�pe ':e, shal,Vprohiptly,and continuously maintain, Owner of each Lot, at said Ow4i's-c&t aiin nt repair, replace and restore the Owner's ,tot a6da1l 5t,r;uct-6res and other, improvements and the Yard Landscaping within the Owner's Lot J.n a good, dean, atf ra c tive, saie'an.d sanitary condition and in full compliance with all applicable lawsAh -,e prbvisions:bf this is Decloratic,6, and any rules and regulations of the Association. it any such Owner fails.'to m-airitnin, repair, replace or restore the Owner's Home, Structures, and other exterior improv6me.n ; ts ap . d (a . rd Lands:caping located within l t the Lot, the Association may, after Notice and Opportunity to 'be Heard, athe Owner's cost:7iancl expense, maintain, repair, replace or restore such items or`areas .9ndJl* 0wrier::-'shall pay Or,, reimburse the Association on demand for all such costs and expensd5, Each Ovfner -15:F sponsibte DrUARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND REMIRVATEONS (CLARWONT A,r RFIN46N') PAGE.44 for, 'irrigation for the Yard Landscaping. All trees, hedges, shrubs, and flowers shall be kept in an atfradiv`e:- neat, trimmed and pruned condition. - 6.2 Restrictions on Storage; Use of Garage. No Owner may store or allow any occupant br teniant,tormpre any trailers, boats, motor homes, recreational vehicles, motorcycles, or Arucks over two.1bris (except thos�,,-used,,.by Declarant in connection with the development of the Prg;peqy or.construiction oF:Lots,, Tractspr Homes) or any disabled or inoperable motor vehicle on the Prd'perty.unless anti such v6hicle..k`�om ' plete ' I : y enclosed and hidden from view within a garage or wid.iin.such other enclosura..as may. -be .,�pprov,&Jn advance by the ACC. Garages must be used "Orina'ary Dur} ase p for the Jarking.-Whicles Owners.. may not use garages for storage or other purposes in away that iriterferes:With"..the daily us'6:ofthe garage for paWng vehicles provided that this restriction sh-all -not apply for the -first 9Q,da'y9:;after a new Owner moves into a Home. Motor homes, trailers, carnpers,:'boa6 and:::btheY rkreal-fonal vehicles may not be kept in driveways or parking spaces except 00'a 1emparar- :iasis -for. 'loadi6g" br ,u n I oadi ng,, subject to such rules and regulations concerning parking As may be -.I - adopted ' by the 3`6ard. No. it -operative vehicle of any type may remain in any driveway or Oubli-c rood for rn6re`.:than72 ;hours. Violations of this Section shall subject such vehicles to impound,at' tlie eipense'�a�cl.::Ask..-`of the owner thereof. The Association may adopt rules and regulati6M' to irnpfiompnt these restrictions and provide guidance to Owners,,.: Sectio. 6.3 `::. Roads, Sidewalks and Fire Lanes. The pyblic--roads and sicl6wal:k s lq6ted in Clarernbnt at" R'e:'nton-'may be used only for normal access, :ihgr6ss.-&nd:e66s, and n.6 obg`iructions :. " shall..�e placed thereon. Due to the width of the roads, applicabI6 , City- f ke and safety.ordinances allow parking drily ori one side of the public roads. There shall be -�O:P@-r.�ing.--in any area which is designated as::'No parking" ;.,Jhe purpose of these restrictions is to proVi " de.."; ad[Ocluq.fe road width 6r the`�'acSes"s of,fire;`a`nd other. emergency vehicles. The obstruction of a Firp Lane by a parked vehicle or any ot-hei object pis prohibited, hibited, shall constitute a traffic hazard as, clefin0d'In state law and an imrpediatf ;:ha?arcl to lifi and propeF.t.y. Parking is also not allowed on the sidewalks or planter strips. Section 6,4.., Resid6tial...0se .4nd Horfie -occupations. 6.4.1 Residential.. U-5es. Any. and--: all `Structures may be used only for (i) residential purposes, includihg sleeping, eatir) food preparation for on-site consumption by occupants and guests, entertain ipg'. by: occupant's or- persori'algaests, and similar activities commonly conducted within a residential clwel.liing (Wiffiout,regard 'io- whether the owner or occupant uses the Home as a primary orisecondary Oersbna,Fresi.dence, on 4n ownership, rental, lease or invitee basis) or such other reasonable anci.liary::'purp.o-ses.,-co.mmdnly associated with residential dwellings and otherwise in compliance -with this-Declaratibn and a[l applicable laws for residential dwellings; or (ii) use as a home office horfie Uusiii'ess that does not create safety, traffic or parking problems, obtrusive noise, or otherwise Mate thi$-,Decla ration; (iv) the common social, recreational or other reasonable uses'of the: Comm u niW.M.,(vJ'pu r'oes operating the Association and managing the Property, or (vi) the: bu�iness of the Detl#rant fri developing and selling Lots, Tracts and Homes. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLARrMONT AT RrwToN) .�kOr J 5 Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon anyLot o1r improvement thereon, nor shall anything be done thereon which is or may become an -.. annoy�ncp or nuisance to other occupants on the Property. Section l}:fa Restriction pn +urther Subdivision. No Lot, or any portion of a Lot, shall be divided ind...-sofd or resold,,,`,or qvq'hershlo' changed or transferred whereby the ownership of any J Ortion- of:' -the Prqperfy shblll:-'be le_14`AhanAhe,:area required for the use district in which the Propeity 1s - lo� . izated; pr,ovidk�Ibe foregoing shall -hot prohibit deeds of correction, deeds to resolve a' r' Y` dispute S:and sir�ilarlcorrec` t . ts, bound -�kych ins ruMen Section"61 ' -7,;,.-.. Gar"bap-e'`and Trash Orr6al.' No Lot, Common Area or other portion of the Property may be used a'dump"-ing.g-'r"o:""utid fpr rubbish, trash, garbage, litter, junk and other debris. All garbage, trash- arfcl yard waste must-:be,,plaC6&,:in approphatp Sanitary containers for regular disposal or recycling. Each Ow6ers -�all.ie.:iesponsibI64or th6,prbmpt and regular disposal of all of garbage, trash, junk and yard waste. C'o i olajnerfb r g2 - f : jrbagJ r6,ash and yard waste may be - ` placed in public view only on the designated c-6116ction d ay. f domesticated dogs r:ca� and ' SeOtlon:6.8 Animal Restrictions. Wit h tl�'64kqeptibn o ' other ustial household pets (hereinafter referrd"d. to as,""pets");' no Inset s,::repti1 es,,.,,pou(trV or animals -,i f any. kind s'hall be raised, bred or kept in or on ally HqmO,: Lot or on any Co:inmdn Area. The Board rnay:--adogt reasonable rules and regulations f6vA 11 ..�he keeping of pet.s. .: A pets when outside a Kbrne.shallbe kept on an adequate leash or otherwise pr-evehted fronA lep'ving,the Lot by a pprson.iapabfe of Controlling the pet at all times, or by fencing or-'alls-i-ii-table in..�lsible electronic cO . fjner fent system' no,vdangerous to humans. Owners shall not allow pdt,:e-xcrefnent to be left on any Lot=qr pri any portion of th-e Property. Owners shall be responsible for as5qring...that their dogs &-not bark cop . tiquously.:... Any. Owner whose pet violates these provisions Ur --.who causes any unre'asonable,,fiols'e or-Aamage:-to perso.ns or property shall be liable to all such harmed Owners and their fimilies; gu0sts,,i6nd invitees. Tte. Board may, after Notice and opportunity to be Heard, require the removal of:a-6 ': y pet 1:1 W hich the Board finds ' is disturbing other Owners unreasonably, and '` " " :1-� - e `6ough other pets are permitted to remain. may exercise this authorityfor.tpecJific pegs 6 o" Section 6.9 Si ns :- No -'signs shall. -be displayed'to public view on any Lot except (i) one professionally created sign of::'not mope than 0 n e square f60t. 'I -...displaying the property address and/or resident's name; (6) one-"-Mgn:4' not more than five,-'s'quA".0'feet advertising the Home for sale or rent by anyone other than the Declarafll--& other -home builder... (iii) signs of any size or similar display used by Declarant or other. home. builders - , to " a'd'v6rtise Cots,. Tracts, or Homes for sale so long as they own a Lot within Clarerni6n,(at Renton; on; Ov) pbliticeFyarcl ftris displayed prior to any primary or general election which must betemoved yvithiri'ten:`(16) days a ft er,sugh election, or (v) any permanent entry monument signs, and,Jjre: [a4, r9acl.---bnd:`directional signs for Claremont at Renton. The Association may adopt reason6ble.iules"'and-reg6!�tion!cbpceiniqg-.the placement and manner of display of political yard signs. DECLARATION OF COVENANTS, CONDITIONS, Rcs,rRicrioNs AND RESERVATIONS (CLAREMONT AT RENf6N) PAGE J6 6.9.1 The Declarant may, in its sole discretion, construct signage at the entrance- to the Plat which identifies it and includes a notation indicating that it was developed ;`by Tol.[113'rotheffs" (or some similar reference to Declarant or any entity affiliated with Declarant), '1 including the use of any particular logos and/or trademarks utilized by Declarant, and convey such signa'ge tO the -Association along with a non-exclusive license to use the logos and/or trademarks deoictecl on. . t . h�,- signag (but only-for...purposes of maintaining such logos/trademarks in the manner deputed o:rt-the $ignagO at thtime of conveyance and for no other purpose), such reN .4-im . If the license is revoked, all references to Toll Oc:ense' befn4� by!'b4clarar-t'4t an.y p O:r roved f rom the s1fnag request of Declarant. Brot6prs'-�hill b e e a t t Sectidq 6.10 Renting a-hd Lpasing. 6.10.1` No Board'approval is required for Owners who lease or rent their entire Home for a terri�qf..-3() clays or,"mo.re. other"Ledhials, (except those made by lenders in possession following a default in-. :a first Mortgage$" a foreclosure prdceeding, or any deed of trust sale or other arrangement in lieu of q'ioresure).,:ieou[r6, BoArd:,adpproval unless the Board adopts a different rental policy or rule for rental's offess a.Home or for a period shorter jo this than 30 days. All leasing and rental agreernenf.s shall bn subject,e 16 w Declaratioh':,'Oe Articles and Bylaws, with a de6UIt-:--pf tfie tenant in complying W.Ith.- this Declaratibn, theArticles or Bylaws constituting .`-a:,:defau , If ujider., -such ledse Or refital �gre!� -rnent. Notwithstanding the foregoing. 6.10.2 If a Home is rented by its Owner,-Ahe BoJ' d may collet, and the tenant Qr'. lessk6 shall pay over to the Board, so much of the rent �o�, ' t e tia:; such ftne---'as is-'required 'required to pay any amounts due,ffie.Association hereunder, plus interest and costs if'sukh amounts are in Oefault:o t'30 djys - -"The renter or lessee shall not have the right to contest payment over to the Board, and such`' dyrnent will discharge the lessee's or renter's duty of payme;r't:Tbthe Owner for rent.:, to theexieni such rent is , :- Owne`r'(6-6 . d .. the Lof .:, under thj.,vbecla'r' at!on for assessments and charges) or operate as an approval of the. Ieak,--`The,..-S6ard Shall riot exercise this power where a receiver has been appointed with respect to:,t1hq-`Loto-r it5.,Q*ner,`6r-jn derogation of any rights which a Mortgagee of such Lot may h'a-ve.,With respect to s4th,.rent.s. Other than as stated herein, there are no restrictions on the right of 0tiynet5. t0ease of otherwise . rent their Home. d ." mobile' u Section 6.11 Temporarw-Re5i E�hce.N 6rnabWne-,--w modular home shall be permitted on any Lot or Tract. No trail6r, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence ei6er.iern�ora.nly or" pernq,.anently, except for trailers used by Declarant, builders, or cant during.:the.kons�fiuc%n period. Section 6-12 Satellite Dishes and Antenna In o 't Mer. o rnin1m'iz'e the visibility of satellite dishes and antennae from other Homes and :from:. the 'public streets, the BoArd :may regulate the location, size and color of, and may require scraefiing�of,any.orktenrj .a.,.' satel'ftt dish dt . .1 e - .i " similar equipment to the maximum extent allowed under federal la.W. ...:Th B6ard'tn� I e g at-e this task to the ACC. DECLARATION OF COVENANTS, CONDMoNs, RESTRIC'MNS ANDREsr.RvATioNs (CLARFMONT ATR&f6m PAGI3 1.7 S6ction 6.13 Governmental Requirements. All Structures and other improvements it u�t corinp'ly Wih applicable requirements of the Plat and with all applicable statutes, ordinances, �regulations and. government requirements including, without limitation, zoning building and ehvirbnmerital:fegvlafQ)s applicable to the Property. In the event of any conflict between any provision.' goverfirnental. regulations, and restrictions 0sion.; of ns of this Declaration, the more ro(ricti.Ve proyfslons sb-pll a0pI S666n 6,44 Us6 �tid Disri&aI.6f Hazaidous Substan-ces. All Owners shall comply with all 5tate,lecl&al andl0caf lav6iS and.:re$ulatian'sggveri ing or in any way relating to the handling, storage, use, dumping, ::disc ' he any harge ' "'or disposal'of any- zardous substance or material_ No Owner may dispose of dr-d1s`chaF' gazardous;:"sU` -ance or materials on any Lot, Common Area, public street or other port I ion of the Priop Section 6.15 Completion of.---'kQl' Any Structures or,"i-mPr 'ovements, including any repairs or replacement the reof,`-,-corist ructed" on any 1-bt shall be "completed as to external appearance, including finish painting';, wAin.-six,:'noq.t`fi's fro::,the ,'-:commencement of construction except for reasons beyond the co in whim case.,.-a"'long.er period..;nay be control Qw� permitted :by `the Board or ACC. This period --:may the ACC due to inclement weather-J. his Seciion 6.15 does not apply to Declarant opb e0 arall .. is activities:,: Secti8n":6.16 Mailboxes. Each of the mailboxes and: mailbox strictures skull 6'e placed in locla'itions"appmed"by the United States Postal Service. Owner's,,.rnay-fM damage maAe o(.-`otherwise interfere with amailbox structure. .,: 6.17-:'' Outdoof Fires. Outdoor barbecues may be used on Lpis Vyfien permitted 6%V:Jpw. Reason.6 I W andd-adeqUate precautions against fires must be taken. Ekr-�ssive smoke or soot'accurnulLation' from fires sly-all not-,e allowed. No other outdoor fires shall be permitted on the Property, except for firbs by De'clarant'Qr contractors for burning construction wastes where all necessary governMent:TY6rrnqs.J.. ave bPp obtained. Service A( Section 6.18 stree 6ed 5 Urisigh�fly items must be hidden from view within a Home or garage or within a',tenceid-or scree.hed areaw- her-e they will not be seen from any Home or road. Unsightly items shallipciude, 1�6t shall riot be limited: tb';:garbage and trash, clothes lines, bicycles, recreational gear, outa6or, MaiRfenag"Ce e4uip.rnerii, fiiodo.d and ladders. The design and materials used for any fenced or... screened area :shall be consistent with the general appearance of the Home and must receive:prior appro-val.from.the..Boardor AC-C. Section 6.19 Damage and Repair of Pr . 012erty'. . U pon a n.`r Sut s6ntiatbarnage,.(as defined below) to any Home, the Owner shall promptly restor6aRo ReOr has d4fined.,b'Oow) the.Home to substantially the same size and design as the original Ho mie. The prior-written consent or. vote. of the Board is required to rebuild in accordance with a plan that is. different:frd-:m the, - drigina plan or as modified by alterations approved by the Board. As used in this' Septiqn, SjobstoiMiat Damage shall mean that in the judgment of a majority of the Board the estimated-,4an7ag'e"�f.gr't4LI Hohle. Dr-CLARATION OF COVENANTS, CONDmoNs, RE, sTRic'rioNs AND RFSF.RVATIoNs (CLARF-MON-r AT MWON) PAGEIIS To exceeds. ten percent of the full, deierinineclby the then curren restoration and. repair less than 4otlined in Article 5. Section 6.12 Native Gr Section 6.Z.1 Driveway fair market value of the Home before the damage occurred, as t assessment for the purpose of real estate taxation. For all Substantial Damage, the Owner must follow the procedures abut Or are close to the boundary li Reserved. nee, -Easements. Certain Lots may have driveways that e adj4cent Lot. Declarant hereby creates an easement in favor i f each Lot tfiat hes any portion of a drweway`within three feet of the boundary litre of an adjacent Lot oyer the adjacent LA TI•ap easement'sbAll be for the purpose of maintenance, repair or replacement of the 'drive way.pn tho' be nefited "Lot and shall exist over and across that portion of the adjacent Lot that is i.basar ably.necessa"ry::for;5'uch maintenance, repair or replacement. The benefited Owner must repair`any damage to-the,-adjairiing,Lot and must -.restore the adjoining Lot to a condition similar to that immf?diately beforo'use of the adjoining'lat Section 6.22 Private Fence Eiisemn nf. Die l�rarri has or may construct certain rockeries, walls and fences between HoiriQs ori adjoining Lots_. -`The. intenfi'nn:,of the Declarant is that each f6ni o, wall and rockery when constructed, sfiall-.be whollyon-�ne Lot o`r":anothe.r anti not on the p`operty�`'fi:ne between adjoining Lots. ' Due tv' obstru�tions .. to:pogr�phy,`�`how`rever, Declarant may not have placed each fence, wall or rockery w. ollyq'within`a` Lot.:''or, nm6diately adjacent to tfie::property line. Therefore, Declarant reserves:an e0em-prit; one foot wid0 on each side of each` Lot boundary, for itself and for the Association and each Lht Dwner'for`ihe.,placement of f+'nces,:-walls and rockeries that have been installed by the Declarant.for as long as"the wall or fer a exists..Each 01wne�r of. such a fence shall have the right to maintain, repair and replace any p6rtion of pri encroaching fen'co, wall or rockery and shall have reasonabliY'ac ess over the other Lot.. for such purposes. ,Except',as set forth above, the Owner of a Lot upon which Declarant or Owner has instalWd a fence, wall or rockery shall be responsible for its maintenance and if placed on a cor "hion bo;undpry line between Lots, the Owners of Lots on each side of a fence, wall or rockery shall be jdintly:responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. ::fih%e Owners -..shall jointly make decisions concerning any modification, alterai'iba,, repair, replacement pr re.tnoval, of the fence, wall or rockery subject to Board or ACC approval. Each pwrYer.m@y, however, part or stain its side of any fence located on a common boundary without 6gi consent: -of t'he,:othe - Owner;: Neither the location of any fence, wall or rockery installed by Deciararat:withiir the easement area descfli ed herein, nor the conduct of an Owner in maintaining the land between a' fe>aee, +mall fir rockery oil an adjoining Lot or on the common property line shall be construed a5 modifying.th6com"mon property -line between the two Lots as set out on the Plat. In the event ' ori `dwn0r iristalts a fence,,• rockery or wall wholly on Owners Lot after obtaining necessary Board ar ,4CC:and.bther app royals,;that`Own er shall be responsible for maintaining, repairing and replacing all-portionsthereof.and shall have reasonable access over the adjoining Lot for such purposes. Section 6.23 Limitation on Gradin. The grading of any i_.ot,is riot tp a [..aflge y a Lot Owner in in any manner that will cause an adverse effect on 'adja.cenf` lots, 'Any earth. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RFsERVATIONS (CLAREMONTT AT 1 EI TON" PAGE 1'9 dist6rbance, including but not limited to the moving, depositing, stockpiling or storing of soil, rock or-:6arth'materlals, made by any Lot Owner shall not cause an adverse effect on the adjacent lots, s, store nwa. er conveyances, o rbad' t r erosion control measures. Article 7.':: ASSESSMENTS ectior> 7.1 Creation. of the Libn and Personal Oblig tion of Assessments. Each Owner L -'by.o:cc-epta6`ce of a deo i herefdre, whether or not it shall be so expressed in such deed, is deemed 6 c6vednt.,�a'nd.Iagree to . pay to the.:,Ass.,ociaticin any Assessment duly levied by the Association as' prdv.idiRd in this Declaiatidn. Such Ass:6ssments, together with interest, costs, late charges and reasonable.kto.rheys-'466x, shall -also be.a:charge on the land and shall be a continuing lien upon the Lot agaihst vuhich-:each -such as'sessmLnt is made. Each such assessment, together with interest, costs, late" cha.f , kes acrd reasonable attorneys' fees, shall also be the personal obligation of the person who. -,was We Owner.bf such Lot'a the time wlie'n.,.the assessment fell due. The personal obligation for del inqu' ent��-As5Z`s'eesmv**it�o pe.HV�'eecorded.prl�6'r'to title transfer or unless - s..hall not'..,pass td..-his�'successor title unless the m lien for such delinquent Assessepts..'had expressly assumed by that party. V, SeO - 6n:7.2 Liability for Assessments.. Any'4s-sessrnents:which may b(�.[evied froittime to time p9'rsuant:tq the authority of the Board shell be established in ac: -64 4ahcewitlh this Article .... ...... 7, except for Assessments levied against an Owner fldf'the purP6:' ih-j or feim6irsing the .:.se -of p Association f6r'ostsIncurred or to be incurred in conneciion,,With bringing an Ciwnrs.:Orciperty into co'mpIi6nce7:"witK:the provisions of this Declaration. The'obligati6n.-to"pay...'As�,essm-ents shall corni . ben4 as t6 each Lot after the Board first determines a lbudgk..and Jeviet Assessments, and 4 after thd . Lot:I s fir� . i conveyed to an Owner other than Declarant. The-jir5i an.j ual general a�sessmnt,.16vied,:-bri "each Lot. -shall be adjusted according to the number di m:.th' s remaining in thq fiscal year at.1he time. ai.ssessments commence. No Owner may exempt fiim.on �e#or herself from liability for his.Xss-essro-ent�-'bbandoning the Owner's Lot. When ownership of a Lot changes, Assessments pay4ble in in� .tallmepts:. by abandoning .. which have been established for the current fiscal year shall : be prorated between fhe-,Buy6r.6nd Seller based on a 365 day year. Section 7.3. ..—As'soci ., atiop' :, Budget`: :-,Th6:. initial Board shall prepare, or cause the preparation of, and adopt a 4udg:6,t fear the Assod atio0"_A.fter termination of the Class B Control Period, the Board shall adopt 4 budget *-1nLAallyJn accorclanc.gsYtlh generally accepted accounting principles. The budget shall set' -for -t uired' q by We Asociation as estimated by the Board, to meet its annual costs and expenses, idcludirigja:hy cbritfibution to reserves. Within thirty (30) days after adoption by the Board of any proposed budget -cif the "A.ssociat - ion,-4he Board shall set a date for a meeting of the Members to conslid6r.';ratiricaflon of th6 budget not less than fourteen (14) nor more than sixty (60) days after deliver'i'r'T&,a' notice.:bf the meeting and a summary of the budget to the members of the Association. Unless a rihajqfity of ma'irnbets of the AMCIatiOn who are present at the meeting reject the budget, the budgei is r4tlfidd, whetfiei or Rota q,uorum is present- in the event the proposed budget is rejected or tine. requiied iiot'iceJS: not glynti, the periodic budget last ratified by the members shall be continued until so&tirnp at`'the .6,i6mbers ratify a subsequent budget proposed by the Board. DECLARATIONOFCOVI:NANTS, CONDITEONS, REs,rRICTJONS AND RESERVATIONS (CLAREMONTAT RZITKW) PAGE20 Section 7.4 Levy of General Assessment. In order to meet the costs and expenses proJ ect4i"n'its...operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board mpy determine: and levy a General Assessment equally against every Lot that is subject to assessment hereunder-,... In determining the General Assessment rate per Lot, the Board may .:con5ider,-i8ny,as,s,(!ssment income expected to be generated from any additional Lots reasonably anp'CiPt0 to becorpe%s.ubj6ct to;issess`6nt during the fiscal year. J. Skti6n 7..$ AnJoUnt of Geherd Assessment. The Board shall make reasonable efforts to determin6the`-am'cunt`of the Ger'Wri:al Assessrnent.payable by each Owner for an Assessment period at least,30 daysJ6 advanc6 of beginning of'sM6 period. Notice of the General Assessment shall thereupon -se'nt tq.'eac4 Own:er siu..b.j:,f�ct..""tb::Assessment- provided, however, that failure to notify an owner of the at&un.t .'of an: Assessment nt shall not render such Assessment void or invalid. Any failure by the Board,"before th'6 expfraticin of an ' y-Askssment peqcid�,.Jo fix the amount of the General Assessment hereunder folthe' .. next perit . o�d'," shall not -be deededa waiver or modification in any respect of the provisions of -thi$ Article.ar rele8e'bf any Qwner'frorn the obligation to pay f, that:b n ': u the general assessment, or any installment thl&e-o fOr y subsequent assessment period. Se�flon:7.6 Assessment Period. The G:e;"n' e N. I As'sessfnerit fixed fdr the pre86ding period shall conffhue until a new assessment k -'-fixed. ..:Upon any revision 6V 6Board.b'f the operating budget ddring the Assessment period for Which each- budget was prepare', the Board shall, i -`nece�s&y, revise the General Assessment levied a0inA th.e Owffers:and Aive."noti'Ce of the same,,.'in the,samO manner as the initial levy of a general assessment for�theaissesSmerit period. Sectiob 7.7 Special Assessments. In addition to the General'...As - 5essments authorized by this -'ArtiO, theAs:sociatio6�:may levy Special Assessments at any time against all Lot Owners, 9 applicable to thait..-.year..otijy, for the purpose of covering unbudgeted exp e nsOsr� or expenses in excess -of those budgtted;:.,proVided,.,however, that any such Assessment must have the prior favorable'vote of a 6aJqr1ty of.eacb class of Members. The amount of each Owner's special assessment for 0y year''Shalt' be caloulated like the General Assessment, except that the total Special Assessment. shall be-'su st i tote clfo r f he.,--o'k-rati ng budget amount and shall be payable in , one or more installrr tints -as determined '-th6,Boird Section 7.8 Specifi,Assessments. In ad'diti6, 4�0�,. Association may levy Specific i�� follows; (i)..::th .. C _ Assessments against a particufar,,10 . R Cf$t5,,Of the Association for the maintenance, repair or reconstruction of:any Port -ton of th& Association ' ' Maintained Area that is allocated to fewer than all the Lots as set forth in Fkh - i I 61t C, and (ii) 'the cysts incurred by the Association to bring the Owner's Lot into co'r'n`p;1ancd with this DeLlaratlo,n or the other governing documents. Special assessments may be leviedd-L-M4 bqf6re > r after the vcork-15%-done, in the discretion of the Board. Section 7.9 Manner and Time bf Payment. Asse"si;rnerAs shA be......p'a'�"in-'such.,,ble... reasonable manner as the Board shall designate, Any AssessmenU:or ihsiallm . ent there of.* whi6 remains unpaid for at least 15 days after the due date to thereof shall bear. inte-test. at the rat#"Of, DECLARATION OF COVENANTS, CONDITroNs, RESTRICTIONS AND RESERVATIONS (CLAUMONT Ai, RENTON) 21 12% per annum, and the Board may also assess a late charge in an amount not exceeotng «/o or arty unpaid assessment which has been delinquent for more than 15 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have commenced ori all,,.lats, under this Declaration, the Declarant may satisfy its obligation for Assessmerits,.if ariy, an Lots.that it owns -either any- other Qwner, or: -fay paying..14e difference other Lots subject to assessit�e it and4fte aural the fiscal year. Secti6n 7.11 .Suslre ision of.. Voting:: Riaht The Association shall have the right to suspend the vot[hg•:r�ghts y any Owner for Ayperiod during which any Assessment against such Owner's Lot remains unpaid, and for. a period riot to exceed 60 days for any, and for each separate, infraction of the Associatioo's� ubli�hed rules-and'regulations. Section 7.12 Accounts: _,. Ariy_;'Assess.ment5': cpllecEed by the Association shall be deposited in one or more federally°inspired,-='institutionai 4e# ository,accounts established by the Board, The Board shall have exclusive coh*-6l of suc( accounts Gild shall maintain ate. -records thereof. Ne! withdrawal shall be made from said#i accounCs..exce.pt to pay..for charges and xp6nses authorized by this`Qeclaration. Section'7.13 Lien. In the event any Assessrrrenf oi' instil[Me nit .:theieof, remains delinquent or rt'iore than 30 days, the Board may, upon 15 days' pt for written n6tice to ,the Owner of such Lpt of the eiiistence of the default, accelerate and demand.:immediate.:.payrrlent of the en#ire Asses",ent- :-The..amqunt of any Assessment assessed or chargedl,to,anyLot„plus interest, costs, late charges: -and reasonable attorneys' fees, shall be a lien thereon. 'A n'Oce..bf Assessment m -ay be recorded_ 'in: -the office where real estate conveyances are recorded for tite: county in which this `j roperty,is !ai ated. S.uch :notice_o:f Assessment may be filed at any time at least 15 days following'ci'efivery of tkie notice.:Of, default ria. erred to above in this Section. The lien for payment of such Assessment and ,charges's.kall have priority over all other liens and encumbrances, recorded or unrecorded, lirrifted as prbv�ided in Section 9:`1: ,Suit to recover a money judgment for unpaid Assessments or charges sfiall be rrlaintain”` le: without foreclosure or waiver of the lien securing the same. Said liens may be f6reclihse.d as a mortgage..:; Section 7.14 Waiver of: tio.rriestead.• Fact Owner''hereby`waives, to the extent of any liens created pursuant to this Article, the;benefit of any homestead or -exemption law in effect at the time any Assessment or installment_, thereof becor'ne delinquent or "any lien is imposed pursuant to the terms hereof, Section 7.15 Records and Financial Statements.-: The.;6oa.rd shall prepare or cause to be prepared for any fiscal year in which the Association levies or;collects any Assessments, a"balafice sheet and an operating (income/expense) statement for the'-:A.400..Which --shall include ;a , f 4'", by paying such Assessments in the same manner as between the amount of Assessments levied on all int. of actual expenditures by the Association during schedule of delinquent Assessments identified by the number o C •e o an t e .1.0 e: o owner; provided, however, such documents need not be prepared by a'certified�'pub�lic acciountant. DECLARATION OF COVENANTS, CONUITIONs, RESTRICTIONS AND RLSERVATIONS (CLARF,MON-E A7'REN7 NJ MAGE unless .requested by the Board or a majority of the Owners. The Board shall cause detailed and accurate-records of the receipts and expenditures of the Association to be kept specifying and qern izingithe maintenance, operating, and any other expense incurred. Such records, copies of A authorizing expenditures of hk Decliirat!0, the Articles and the Bylaws, and any resolutions AS,soqfation funds shaWbg.available for examination by any Owner at convenient weekday hours. S'ecti_Iari`7.16, - -.Certificate'�of Assessment. A certificate executed and acknowledged by the tr,6asur6r ci- Mie presi&nt 6f ;e:authorized agent thereof, if neither the president nor treasurer is aVailat le) 'stating the. "tndi'2'btedo'ess 'for Assessment and charges or lack thereof secured by the AssdsmP'nts.---upo13, any Lot shail.,�e -'conclusive upon the Association as to the amount of stkb indebtedne-ss ori We date'of the. 6ertificate, in favor of all persons who rely thereon in good-:fa1th:`;'Sucl5 a certif4t6 shall--be-16T-pished to any owner or any Mortgagee of a Lot within a reasonable time .after,%`eque4, 'recdrdable form, at a reasonable fee. Unless otherwise prohibited by law, any molkagee-1ioldibg a lie r o va ot. may pay,--ahy unpaid Assessments or charges with respect to such Lat. and upon paymeni% shall-'have a lien thereon for the amounts paid of the same priority-as its lien.. Section 7.17 foreclosure of Asse-ssm6nt berim Attorneys Ltes arid'Costs. The Board (or authorized'.iig on behalf the Association, may 'initiate an' action to -foreclose-foreclose the lien bf, or 'iment. In any action to forecl'-wre the'lien of,'or otherwise co"flect dellir)'quent collect any Assessment. % ""':'--- Assessments or charges, any judgment rendered 16"favoir o.%- the Association,- shall include a reasonable surra:for attorneys' fees and all costs and expew;e,s.:reasonabl 'h _urr.Ed in'pro'paration y for or,-in the- pro$ecutibn of said action, in addition to all costs perm ittdil by law;Said liens may be foreclosed-`as a.mortga'ge. ':Section 7.18..�` Curinj`pf Default. The Board Shall prepare and record a satisfaction and r '. elease o : f - the Ii.6 - n 4or which a "botice of Assessment has been filed and recor L ded in accordance with is Arti�16 upon time[.� paVme this nt-or, other satisfaction of all delinquent Assessments set forth in the n6flce and Ai other-Assessments which have become due and payable following the date of such reco rdat! u nl.,: wit h::. r6 sp ect ..to t11ie-.,.Lot 'Ao which such notice of Assessment was recorded, together with all costs, late eh6lrges '.-.'and1qteresrAich have accrued thereon. A fee of fifty dollars ($50.00) or such othe:;'rambuni as,:may fro4tiiiie W time.be set by the Board covering the cost of preparation and recordation shall:b.e-paid to the Assoqiatld , n prior to such action. The satisfaction and release of the lien created..by the notice of,Assess`mept s-WI,:be executed by the president or treasurer of the Association or Olany,a'U'06rizrtd re.11rew"ntative,bf the. Board. For the purpose of this paragraph, the term "costs" shall include casts-and.,expbrises actually incurred curfed or expended by the Association in connection with the cost of. prempar.4tior and 0 recordation of the notice of Assessment and any efforts to collect the de.. li n-quentssiessuients,' including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Qvital. : 7.19.1 For good cause, an Owner may be-'.required lb.y the Bo " 6 r( , frorn time to time, to make and maintain a deposit up to three months' e�sti m-na.ted ::rOnthly. DECLARATION or COVENANTS, CONDITIONS, RESTRICTIONS AND RESFRVATIONFi (CLAREMONT AT REtiMN) PAGE 23 Assessments, which may be collected as are other Assessments and charges. Such deposit shall be l�eld'.in a separate fund, be credited to the Lot owned by such owner, and be for the purpose :of estat jishing a reserve for delinquent Assessments. 7.19.2 Resort may be had thereto at any time when such Owner is ten = days or. - orp delinquerit�.in paying..his,or her monthly or other assessments and charges. Said deposits shaII-hot be-considered: as advance payments of regular Assessments. In the event the �.aard:'sho6ld'dravu upon 5aiq' eposit-<as a, res.ult of an Owner's delinquency in payment of any Asse sm6ts, the Owner shall continue tc be responsible for the immediate and full payment of said d6tnquent A$sessm6nt ('and .aIF`p: naltiesrind' c6sts thereon) and thus the full restoration of said deposit; .and the Bbard shall cdntinue `to have;-all of the rights and remedies for enforcing such Assessment=payment-`and,deposit resto,at1'Ory ps provided by this Declaration and by law. Upon the sale of a_,-Ldt,'`the seller/ ivner thereof shall not be entitled to a refund from ttie As Sociafl%on.af ar�y deposit or reserve:accbunt made or maintained with respect to such Lot pursuarlt.tothis;or at y ather.seciion'bf this.[ eclaration; rather, any such deposit or reserve account shall cohtinue to.`be'held'by tHb7;Association for the credit of such Lot, and the seller/Owner shall be responsible: for;. obtaining f rom' the •'purcLhaser appropriate compensation..therefore. 7.19.4 The first purchaser "df each Lot shall pay 'to' the Association, in addition to.�ther amounts due, $300.00 as an initial cobt_ribUtic n to -th't:-Association's`working capital. Stich payment is not a prepayment of Assessments by tlrte first..porchaser. Suctt working capital contributions shall not be used to defray Declarant's'::expe'Ilses.;"in;:completing the canstru6tion.,or development of the Property, to pay Declarant's coniributions to Association reserves Of mak'e.u'p any deficits in the budget of the Association. Article 8. COM,OLIAIkE � 4ND:iNFORC.EMENT Section 81 Enfor�crment;...-.,. :.,•.8:1.1:: Each Mem6eF-, Board member and the Association shall comply strictly with the provisions of this, Declaratian and with the Bylaws and administrative rules and regulations adopted by the Ms-ociation'.(as the same m- ay Pe WWylly amended from time to time). Failure to comply shall resultin a,claim for damages or injunctive relief, or Both, by the Board (acting through its officers on behalf of the "Association:,and the Owners) or by the aggrieved Owner on his own, against the party (including an Ovrner or t,-17e Rssociation)'Jailing to comply. In addition, the City shall have the right to enfbrcl thc; provisigns of the, -lat, and related provisions of this Declaration, relating to the maintenanc6-.0bligatioiis of."the'Association.as, a. third-party beneficiary, as provided in Section 15.6. 8,1.2 In any action or arbitration to.,�hforce ttie:'provisims. of:sectiori 8.1 or any other provision of this Declaration, the Articles or the BylaWs, the prevailing' party such action or arbitration shall be entitled to an award for reasonable'a`ttoroeys':fees-and:all assts. i�AGE �4 DECLARATION OF COVENANTS; CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT RENTi]N) and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addifloWto all costs permitted by law. S.eaion -8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable! in any o9e,or-more instances to insist upon or enforce the strict performance of any of ..,the Jerrns, covenants, 6ondltions,,-&r.,.restrictions of this Declaration, or of any Bylaws or administrative rules orjegulation;% shall bot be construed as a waiver or a relinquishment for the fuiure..,6f s6ch' teri• , cbveri-ant', condititin or.-restriction, but such term, covenant, condition or restriction shall rei nairt:"in f6 .'I I force and q effO , ct. No, : ;Waiver by the Board of any provision hereof shall be dee in Od to, haV�-._been T-ado unless'exoressediri..,writing and signed by the Board. Section 8:3_-•,-'' Remedie's Curn 'ulatiwe'-. JN.:,Femedies provided herein are cumulative, and the Board may pursue th.0 . m co"ncur.rently;.'zii"s..Weill.as any other remedies which may be available under law, although not 6xprp'ssed herein Article 9. LIMITATION OF LlAgp-ry J Section 9.1 No PersonaLL!ability. S6 long as a Board me'Mtber,-,AssQciation committee member, AssOation officer, or authorized agent6'rt;a-S--actQ6 in-,'goqd faith, without willful or intentionafrniscdhd-uct, upon the basis of such W,o:rma.tioasas'n m8y be possessed �y such person,ii h no person shall be personally liable to any Member,"Ur ot4y'er pJrtyAnciv Idig"t e..-Ass ciation, for toss c.' prejudice suffered or claimed on �Kcounl of:. anV�:. act any damage.,'r .":ornissiQn, error, negli&nce..(iexce:ot gross negligence), any discretionary decision 0. failbre.-to mikeA clikretionary decision, 0Y such person son in such person's official capacity; provided, hqwever, that.this Section hail not-.:bpply:'W s her�- the-consequences of such act, omission, error or neg I igeke are covered by insurance e or bond 0 1 416 ined bVAhe Board pursuant to Article 4 or Article lihe` reef. Section Each Board member or Association committee member, : Indemnification. or Association Officet, and their, ' respectAve heirs and successors, shall be indemnified by the � Association against all".ex0ens0s.7and li,i4illtios, including attorneys' fees, reasonably incurred by or imposed in connection with.An4 prq..Cee&ng io W4tch he or she may be party, or in which he or she e :'. ' h': may become involv d%::by--'�ea�on of being staving held such position at the time such expenses or liabilities are incurred, except irf%.suc-,h case &:wh e-re in ,sb.person is adjudged guilty of intentional misconduct, or gross negligence or a kho".jng yiolatibn of la Jin the performance of his or her duties, and except in such cases --wp!pre!'such p i'rsorf:.ha5:: ar6cip p dIed.jn a transaction from which said person will personally receive a benefit in mo!)ey, PrOperty,'Or services to which said person is not legally entitled; provided, however, that in-the event ofs ..:-a .., ettlemie"nt,% -indemnification shall apply only when the Board approves suc6'-sIA'jleme'k.and .1eim.6ursproent as being in the best interests of the Association. Nothing contained:'iln.:thi5.-Section 9'.2 shall ,'.�howeverbe deemed to obligate the Association to indemnify any Member wh'u is.,br ha's beena-. Boar&member'or officer of the Association with respect to any duties or obligations assumed or lialAliies incurred by:..him or her under and by virtue of the Declaration as a Member or Own:&r. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT TOz_;..)' PAGE 15 Article 10. MORTGAGEE PROTECTION Se6'0`h: 10. 1 Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who bb&in.5�,oWnership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for apy assessments : .accruing before such ownership but shall be liable for any assessment accruing Aftersurh, . own. ersh . ip. Skh,,unpaid,�have,:Pf common expenses or assessments shall be deemed to be.comM . on.expenses-collectible Rorn alf"of the Owners including such Owner, his successor and 'assigns;', Fat the purpo5b of!thmilt ArtiCte:---the jm�er"Mortgage" and "Mortgagee" Shall not mean a real es`iate;'coi�trk-t (of the�- '.6 . vridor th4re Lfncler) "Or,a mortgage or deed of trust (or mortgagee or benefida'iy there under) securing a.&fdrrecl pyrcha . se price balance owed with respect to a sale by an individual owner oth.6 than DQ`clla' ra. ` nt. Section 10.2 Effect of f Dedaratfon.Amendrnents. No amendment of this Declaration shall be effective to m : bdify " change & l.ifnit.:`6r alt'&-the rights--- ".pressly conferred upon Mortgagees in this instrument with respecllo a:hy.:unsatisfied::.Mortgagp-duly recorded unless the holder of the Mortgage has cons'e'pte.A to tea:'men'drnqiit-::,i . 6'. writing. Any provision of this Article conferring rights upon Md'rtg4geeS`which is incofTsj$ent with any other provision of this Declaration shall control over such other ific6nsistenf provisions,--.' Settion 103 Rights of Lien Holders- ':A breaph of any of 06`pr6,visicns, cOndhions, affect restrictions, covenants, its, easements or reservations rein (6rita, ihed;4's�hall not a ect o r impair the lien or:-charge '4f anybona fide mortgage made in good: faith f6r valt`bn any Lot; provided, howe4'er, ttyk a'11Y subsequent Owner of the Lot shall be bound bjr thet.e. -Vrovi [ono whether such owrier's title was acquired by foreclosure or trustee's sale or otherwise `-5ecti6n 10A Copies�of Notices. if the first mortgagee of any Lot lids So requested of the Association in wiitihg, the:Assoiation shall give written notice to such first r6o.rtgagee that an Owner, (mortga$ or..-6s far M�oreihan 60 days failed to meet any obligation under this Declaration. Any firs''i mo'rtgagO` e sfi'all,.-`upO6 weitten request, also be entitled to receive written notice of all meetings of the'%'Ass66a�ion:.-'o6d be. -perm"Itted to designate a representative to attend such meetings. Section 10.5 FurnishinL-,-.oU, Docurtjent5. The ' -Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors;- %artjheir request, current copies of the Declaration, Bylaws, and offier_.r.0'es. governing the.::Pro'perty,--nrid the most recent balance sheet and income/expense statement for the As:sociatio.ii, if..-. any has beeO Prepared. Article 1i. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. The cbve.nants qbntalned hereirt shall runwith and bind the land and be perpetual, unless modified by an fin'strUmenit executed' in accordake w,th Article 12. DCCLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREMONT AT Rr,NT&) PAGE 26 Section 11.2 Abandonment at Subdivision Status. The Association shall not, without the pribr.,written approval of the governmental entity having jurisdiction over the Property and Without.; rjor--writt en approval of .*insor,...cleveloper or builder) of sobdivisio� status qf_th.e. Property J urisdictiqh over the Prop6rty. Article . 12..'AMENbWNT.6117A)k 100% of all first Mortgagees and Owners (other than the record, seek by act or omission to abandon or terminate the as approved by the governmental entity having appropriate PLAT `clar-a-tion AiTi'6'ld rneav-' r0ndments to this Declaration shall be made by an instrur. t*nt Dein writing:. entit . 16d: Amendmdnt,.tb Declaration" which sets forth the entire amendment. U 6td1he:'termiinatJ6fl of.,,the Clads-:13'co,ritrol Period, this Declaration may be amended by an instrument executed by.-Declar a'nt .arid n'd' a', ppraved solely by the Class B Member, Thereafter, except as set forth in Seetion-:12.3 of this"Declaraflon,,-amtlndments mtist.,.be approved by owners, including Declarant, having over 6:7% of.. the. -Vote's it the Asso'ciation,:'OrpMed, however, that until the termination of the Class B M" ib6'rship and t.6'e expir#ion-'.of the I - )Warant's annexation right set forth in Article 14, no such arn[Oncloent-'shall be val`U: itho'ut e approval of the Class B Member and the holder of the annexat,ion:>' - rig4t. The members' approv.af,,may be obtained by a special vote, ::bf the members at a meeting of the'-M'So:ciati6n or the written:.consent Of, the requisite percentage of members. The amendment sball.:be.execute' president and ry secreta'or other officer of the Association who shall:'t�rtifytha:tthe 'requi5ite'vot,d'or,tonsi�nt has L ".' been o6ta !nQdJ--..-`-:NotW-i1hstand ing any of the foregoing, the :prior wr'htei) -a-ppfova 1.1of 51% of ail first MorWgees'wh6 have requested notification from the Assoc'igtiori.of-�'ame.hdr7ients shall be required for any'rnabd-rial amendment to the provisions of the Dec6ration.or t ' he pylaws regarding any�of the foll6ving::'voting..rights; assessments, assessment liens, and subordination:0f such liens; '!" reserves. for..4nain.Viridfice, repair, and replacement of Common Area or A s;so:c latid n Maintained Areas, insurance. ofid0tr..,insurance; responsibility for maintenance and relpgir�; leasing of Lots othe'r.:-than set:'fofth herein; �rein; im . positiqn of any restrictions on the right of an Owner to sell or transfer`hi's'Lot, decision' , by�the'Associaflon to establish self-management when professional management has`beeri: re-6uir6d,:previgvsly by the Mortgagees; or any provisions which are for the Vort ee ins6rers'& guarantors of first Mortgages. It is specifically s benefit of s.6r elj� express benefit of gag covenanted and understood ihat:any amend.men't- to this Declaration properly adopted will be completely effective to arner� ariy or all of the c6venpn6, conditions and restrictions contained herein which may be affected'and any di.all clauses ofthis'l )eqla:ration unless otherwise specifically provided in the section being afir�en4od;'6r the 4 . mendrne6t the written approval of the City shall be required for any arnendmeniAo,the p'rovi'sionsof th is..Decl a ration relating to the maintenance obligations of the Association:.set forth iq-'the. :Plat:-, a�"s"Provid-6d ihSection 15.6. Section 12.2 Plat. Subject to other 'applicable p:r:ovisf"nns--:6f the Declaration, the Plat may be amended by revised versions or revised portions. " mther6 . of.. Until t.h'eA&rninatiO,n of the Class B Control Period the Plat may be amended by an i6stru.rnent-'app.froved..:,and executed by, -the Class B Member, provided that if such amendment directly affects a Lot owped hy, s6rheo,he:.Oth& than Declarant the approval of the Owner of such directly affected Loii ihaI[.4sd-:be Except as set forth in Section 12-3 of this Declaration, after termination of t6eC-I0ss"B::'Contrail DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERvXnoN5 (CLAR12-MONT ATRL!rft'um) OAGr 2.7 Per:i6d, amendments must be approved by Owners, including Deciarant, having over 7% of the votesAin"'the Association, provided that the owners of all Lots directly impacted by the proposed revision Mtist approve the proposed amendment. Copies of any proposed amendment to the Plat .:shall be-Inade available for the examination of every Owner. Such an amendment to the Plat shall be effecti4, once pcip.q�rly adopted, upon having received any governmental approval required by law and recordatibn in the.. appropr,iate.,,cjty or county offices in conjunction with the Declaration amkclmeint.-' Sectid`n 12 .3 .,-:Amenilmen ts ..BvOeclarabt. Notwithstanding anything to the contrary Deci h �'6d heiein`�th6` araht reserves, t e'SQ. e:fiiih.t to amend or correct this Declaration, the contained Articles, the bylaws Nand:-`ihe:"-'Plat,-1 . U 60 1 Decla'rant"no nger owns any Lot in the Property or the fo in Article 14, whichever is later, without the expiration of e:De.,cla . Tan t.s an rfe:xatio-h right.Ae-f ri consent of any Owners, Mortg8gees.:'br oth&pers.6ns claiming an interest in the Property or the Association if such amendmefit is needed to fl) bring the -document into compliance with any rule, regulation or requirement the eder'al Hb'usin'g..A.d.ministr"a'tion, th"k.F ` e . deral National Mortgage Association, The Federal Home L6a,n 4ortiage. - �Qi'porqtl&t. or [0cal,P ' r state governments; (5) make -.1 :� teri5tics of the constructed corrective changes; (Iii) reflect the a,6fual-locatioll' diW'ensibn��r:charac improvements- (iv) reflect the proper lo 6a116n 6f bo"undary lines -'of Lots Tracts or Common Area; (v) establis4Ivacate or relocate any easements;or (vi)-Aiagge 1# epe rsqn who is to receive service of processior the'Qeclarant. ,:Sectidn'32.4 Effect of Recording a Supplemental-' 1)6claratiqn. If Suppfmental '. 'tive Der-la0tioR.,iis usedto add the Annexation Property to the Assocjati6h..it'shall be-�ff e m i - a upon recp,rding. bnles� otherwise specified in such Supplemental Declarkion. -Q n t " he ' �'ffective date of the'. Supo . leme " 6 tal : D . eclaral.i.on or any amendment to the Declaration " -i adding' the'; Annexation Property, such pr ' opjefty subjected to this Declaration shall be assigne4I.. opting.:'rights in the A5$pciatio'n"and assessment liability in accordance with the provisions of this Declaration, and the ional obligations Ass6tiation shall assume such ad* it s as are set forth therein. n Article 13. INSURANCE:' Section 13.1' AsSoc6tioft Ins ura"fte.,::TheBoard shall cause the Association to purchase and maintain at all times Aa :rommon expense q' pblicy or policies necessary to provide comprehensive liability fid61ityJnsurance; wo-rkees....compensation insurance to the extent required by applicable la+Vs;jins-6'raqc-e against los..s of 'per,ignal..property of the Association by fire, theft or other causes with such ckucfiblq�:' . prov . i . sio . hs as 11; the Bbard deems advisable; and such other insurance as the Board deems advisable. --'The Board ";may also, in its sole discretion, cause the Association to purchase and maintain "insurance, if available.,: for the protection of the Association's directors, officers and representatives from p:erson:A liability in. -the management of the Association's affairs. The Board shall review at IeaA-..:0n.n:uaIly the:'adetluacy o' the Assboation's insurance coverage, All insurance shall be obtained frd'm insurance :carnet's that are generally acceptable for similar projects and licensed to do business in --th6 state of :Washington. Washingt6n. insurance policies and fidelity bonds shall provide that coverage may:: not.' be'---caneelte 0 substantially modified (including cancellation for nonpayment of prerfiiurb) without ai.feast ,-n, DECLARATION OF COVENANTS, CONDMoNs, REsTRLCTIONS AND RESERVATIONS (CLAREMONT AT days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 13.1-1 Notwithstanding anything to the contrary contained herein, for so long as the Dedaran't contr o ' Is the Board, the Declarant reserves the right to include the insurance :::oblijatiobs of ' tithehi�'Xssoc6tion withi " ri.a-m,aster insurance program controlled by the Declarant and upb n d6i ng so " insurance vprovided for under this Declaration shall be deemed ;'. nsuranteoption -Sectibn A.. 00nees' InsuraMe. 132-1 .;`411 Lpt Owrl:er5`sl�jll obtain and maintain property insurance, liability insurance, and such other:'insur"J'A"oe as" is required herein and as the Board deems advisable. All insurance -shall be vi-6taln'ed 6om-, . insurance carriers t.,Mt.are generally acceptable for similar residential properties-Land.a7utho:rized ib do busihess in.:fhe,;:state of Washington- All such insurance policies shall provide ,.6at..,6ver'ag .ee' rna,y' not becan...ce...11 . ed or substantially modified (including cancellation for nonpay6.6nt.of P ' r,eMjum):With6u.t,,.�t Wast,30 days' prior written notice to the Association. All Lot Owners shall:, PrP;Vidk the Association with pr9of-of,insurance upon the request okhe.Association. 13.2.2 The property insurance maintal'ned.'6y"ekh "01,vO.er 6all,"at the minimum, provide i11 risk or special cause of loss cov6rain; an, amount equ.a'l to, -' the full replaeemer t C65t of each Home and all fixtures and improvements located t-fier.0'on,,:-with such reasonabfia deductibles and exclusions from coverage as the gap rd 'may .4rofn time to time approve or by:rule ,6r reguWt , ion establish. 13.2.3 The liability insurance coverage maintained by etch Owner shall cover liability.:6"i the irts'ure'ds fdr property damage and bodily injury and death of persons arising out oi'lhes oper4ijorv,' maintenance, andu,s.e of the Lot and such other risks as are customarily covered for similar re 7side . n ti a.1 ."proper.tff s with a limit of liability of at least $300,000. 14 2.4 Apy porti_dh of . the"' Home for which insurance is required under this Article which is damaged or'#estroyed shall. be rqpair.ed or replaced promptly by the Owner pursuant to Section 6.23 unl6ss the s6hdivision Is ter'Iinited"Or. repair or replacement would be illegal under any state or local lie alto..6r' safety statute or o rd I na Article 14. EXPANSION OF COMMUNITY..:. Section 14.1 Expansion of CommunjtyL'-bY DOclaran bec:lerah it may subject all or any portion of the Annexation Property described in Exhibit B #o the . pr6visji')ns.�'Ut# is Dec"i6ration by recording an Amended or Supplemental Declaration describing the. real property to -be subjected. An Amended or Supplemental Declaration recorded pursuant'toji-iis.Sectioh, shall. 66t re4:Uir.e thp consent of any Person except the Declarant or the owner of such pr6Ter(yi"if Declairant is not th,e'" owner of such property. C rmONT AT PAGE 2-9 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND Rt5rRVATioNs( LAR Section 14.2 Duration of Declarant's Right to Expand. Declarant's right to expand C-1 aremod. I., , t'Renton pursuant to this Section shall expire when all of the property described in 1,'1ExWibit,,4,.has been subjected to this Declaration or 10 years after this Declaration is recorded, 6ver::is ear lier. then, Declarant may transfer or assign this right to any Person who is which , the developer, of -at IE.,asi a..portion of -,the.. real property described in Exhibit A or Exhibit B. Any '. Jer: iali such transfer. �*l be,-memcrr in a written, recorded instrument executed by Declarant. Se_eticin 14.3 - No :b6ligation-'--to 4and :tommunity. Nothing in this Declaration shall be construed" to, req4i,rO Dela4ht o qr H suq$ sor fQ subject any additional property to this o. develo� , a n.V of t,h��e `eperty'-descAbO in Exhibit 8 in any manner whatsoever. Declaration cii-t Article 15. MISCELLANE US. Section 15.1 Notices. 15.1.1 Any_`* wrtitew" notice. -;'or 6the& do"cu`y'�hents as required by this Declaration may be delivered personaltyPr by certified mail.,': if..;:by mail; .-such notice,`:: unless expressly p'r6vided for herein to the contrary With resold to tfie type Of notice being given,'.%shall be deemed to have been delivered and received"'48 hours:16fter a copy thereoqasbeen.--dep.tisited in the (hilted States, -.mail, postage prepaid, addresse ioll8ws, 15.1,1.1 If to a Member, other 'than "Deairaii: t6 the mailing ling address"of such Member maintained by the Association, pL;6ya.Olaws. p�...to thk 15.1.1.2 If to Declarant, whether n'its capacity as a Member, . or in an : y.-ot he r.-Capa city, the following address (unless Declarant shall ha.ve advised the Boa:rd in writing of some other addre5,5.): t611 WA LP 9720 NE 120th place, Suite 100 .::'Kirld'and', Washington 98034 Prior �,to the organization of the Association, . notices to the Association shall be addressed, -as set fofth:`akpve. Thereafter, notices to the Association shall be addressed fb:Jhe j �-dffiqal M.'6iling ad&es5-furn'1,she.d by written notice from the ... Association. In addition, from and after ihe o:r:gqnizati6'n4l'meeting, notice of the address of the Association shall be given by the Board to each,,OwnLr, Within.` a 'r"easonabletime after the Board has received actual notice of such Owner's pbf6ase;,6f alot." Section 15.2 C :The' rights ofan 0 ppye T , wq6r.Ao sell, transfer or Conveyance: Notice Required,:` otherwise convey his or her Lot shall not be subject to"8ny,fight."of 6p.p,roval, dl.5approVal, -f.i:rst refusal, or similar restriction by the Association or the Board, 6r--a,ri"Yone ac.fln'g on -their befTalf: If a Lot is being sold, the Board shall have the right to notify the p6ych:aser, the title !risurant-e DECLARATION OF COVENANTS, CONDITIONS, RFSTRICTIONS AND RUSFF VATIONS (CLAREMONTAT Rik()I j E AOE 36 corrvpa.ny, and the closing agent of the amount of unpaid assessments and charges outstanding t agalnsi'ihe Lot, whether or not such information is requested, ,Section 15.3 Successors and Assigns. This Declaration shall be binding upon and shall inure to thb benefit QfJhe heirs, personal representatives, successors and assigns of Declarant, and the heirs,..persor�?I'represOntatives, grantees, lessees, sub lessees and assignees of the Member. ectioh 15.d Joint an Ad'Seve'ra'11 Liabifty. In the case of joint ownership of a Lot, the . liability of..6adh of':ihe,0wn.6rsjhere6fjn connection, with the liabilities and obligations of owners, set forth -io or impowe lby..this.:Declaraiiiion; shall:,-Oe brit and several. .1mohgagip's A.Ccep carica_`:.,.. 1,5.5A Th.is be [�fft- ing upon any Mortgagee of record at the time of recording of said Peclqrafibn but rather shad be subject and subordinate to said Mortgagee's Mortgage. 15.5.2 Declara:4: shall:,.,not convey tit I. le,,to a.6 , y Lpt,until the Mortgagee of h ken of the Lot shat :have made appropriate arrangem . eflts"fol pa,rtia.-F'release .Of the Lot.from the i" . ease by . said Mo�t - gagee s a con's'titute t the Mortgage. e first such partial rel Ute its accep arice of a-i'n-s%-6bJ9't`t to its` the provisions of this Declaration as to all of tllie:L6'is fiiat...rerq` Mqft'gage; provided, that; except as to Lots so released, said Mortgag6:amain -.s��ll-in-full fc&ce.-,and...-0ffect as to the entire prdperty. 15ktio#'15_6,::, .0ty-Rights. The maintenance obligations of the..socfat , i.6n, provided in theDeciaratibn o r- o a the Pfk, may not be amended or terminated wifih-bu, f the.:"prior written approval '.: of r' the Ci'ty..::'The._City shall be deemed to be a third-party beneficiary of this Declaration, with::.the full eight to,.. enfdrce..'all provisions relating to the maintenance obligations of the AssociatiMset fofth in'the? at Section 15-7 Seveiajlit.,--," Tlt,e R ovi,3fbns hereof shall be deemed independent and severable, and the invalidity or;' par ial inv Ad ity- : or unenforceability nenfo.rceability of any one provision or portion thereof shall not affect the vaOity:mor enforceabititi of 46y'other provision hereof. Section 15.8 ConstrucVQJI..,...;"Th6 provisions ovis'lons Of', "th is-`.,DK.la ration shall be liberally construed to effectuate its purpose of cr0tin9::a,q,0 . iforti) pj an f6i the operation and maintenance of the Property. Section 15.9 Captions. Captionsgiveri to:theoVariOus aAlcle's acid seftio rwhel rein are for convenience only and are not intended to modify or;W,ectthe.tnea.fiinp,'bf ashy: f the substantive provisions hereof. .. .... Section 15.10 Effective Date. The Declaration shall take effO upon re rdin P I)PI-FARAT10140FCOVENANTS. CONDITIONS, RES'I'RICTIONSANT) PC-SERVATION,%(CLARF-MONTATRT-"i4TON) SAGE 3.-i IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first STATE OF WASHINGTON COUNTY -OF KING I certify : 7 that I know or have satisfactory evidence that Eric. H. Camobelli-s the pp:irson who appeared before, me; and said person acknowledged that said peespn sigped,-06 instrument, on oaf . h stated that said pe.rson was authorized to execute the instrurn , e , n - t-- , and,' acknowledged it as tfie Divi'sionPresidentof Tc)l'i:WA GP Corp, a Washington corporation, genera I,partner of Toll WA L -P a Wa-s 76 ingtopi li m�ited- part4rship, to be the free and voluntary act of suc '6n - h tAy for the uses an&gurposesirrie in'the.-instrument. Dated thl-%� 6. 2013. ay AAXrY1 144x/ ;.-.(Signature of r6tary) Notary Pubi[� 6T SIM Of Washington (Ldgibly'P'eint or6 �'rin%p. Name of Notary) Washington AARON R KOPET My Appointment Expires Aug 28. 2013 public in and for thestate of Washington, resi4fng"it 6 My ap0Qjnt6ient..eXP&e5 r ........ .. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (CLAREM091- AT REN°I ) PAGE 32