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W E . Bremerton Townhomes Off-site Routine Vegetation Management Permit Vicinity Map 0 100 200
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CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: October 1, 2013
To: City Clerk's Office
From: Lisa McElrea
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office
Project Name: Bremerton Townhomes Off-Site Vegetation Management Plan
LUA (file) Number: LUA-13-001101, RVMP
Cross-References:
AKA's:
Project Manager: Vanessa Dolbee
Acceptance Date: August 27, 2013
Applicant: Rob Risinger
Owner: 4th & Bremerton LLC, Dr. Kim A. Nicholas, Dr. Baljinder S. Buttar
Contact: Evan Mann
PID Number: 2050500010 & 7227000000
ERC Decision Date:
ERC Appeal Date:
Administrative Approval: August 27, 2013
Appeal Period Ends: September 10, 2013
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: Tree removal Bremerton Townhomes
Location: 4513 & 4505 NE 4th Street
Comments:
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
DATE:
PROJECT NAME:
PROJECT NUMBER:
PROJECT MANAGER:
OWNER:
OWNER:
OWNER:.
APPLICANT:
CONTACT:
PROJECT LOCATION:
EVALUATION FORM & DECISION
/;:',
AuguCo/2013
Bremerton Townhomes Off-Site Routine
Management Plan
LUA13-001101, RVMP
Vanessa Dolbee, Senior Planner
4th & Bremerton LLC, Attn: Cliff Goodwin, 7319 Bowlyn
Place South, Seattle, WA 98118
Dr. Kim A. Nicholas, 4545 NE 4th St. #B, Renton, WA 98059
Dr. Baljinder S. Buttar, 4505 NE 4th St. #A, Renton, WA
98509
Rob Risinger, Bremerton Avenue Townhomes LLC, 846
108th Ave. NE, Bellevue, WA 98004
Evan Mann, ESM Consulting Engineers, 33400 8th Ave. S,
Federal Way, WA 98003
4505 & 4513 NE 4th Street, 98059
PROJECT DESCRIPTION: The applicant has requested to remove 26 trees from two
commercial properties located in the Commercial Arterial (CA) zone. The combined parcels have
an area of 1.4 acres, however the area of impact would be the southern-most 25 feet of the
parcels for a total area of 5,375 SF. The tree removal and grading are a result of the Bremerton
Townhomes development approved under LUA06-133 and LUA12-008. SEPA Environmental
Review was completed with LUA06-133 which would extend to the proposed tree removal and
grading on the subject site. The applicant provided a landscape plan with the application which
identifies replacement trees and ground cover to be planted within the 5,375 SF area including 10
vine maples and 4 shore pine trees for a total of 14 new trees.
DATE OF EXPIRATION: Augus{:)2014
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
r ,P . City of, . (;?~
___ ....-lfllll'l"""l 1';. t:'Jl I 0 J l ~
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
DATE;
PROJECT NAME:
PROJECT NUMBER:
PROJECT MANAGER:
OWNER:
OWNER:
OWNER:
APPLICANT;
CONTACT:
PROJECT LOCATION:
EVALUATION FORM & DECISION
August 27, 2013
Bremerton Townhomes Off-Site Routine Vegetation
Management Plan
LUA13-001101, RVMP
Vanessa Dolbee, Senior Planner
4th & Bremerton LLC, Attn: Cliff Goodwin, 7319 Bowlyn
Place South, Seattle, WA 98118
Dr. Kim A. Nicholas, 4545 NE 4th St. #8, Renton, WA 98059
Dr. Baljinder S. Buttar, 4505 NE 4th St. #A, Renton, WA
98509
Rob Risinger, Bremerton Avenue Townhomes LLC, 846
108th Ave. NE, Bellevue, WA 98004
Evan Mann, ESM Consulting Engineers, 33400 3th Ave. S,
Federal Way, WA 98003
4505 & 4513 NE 4th Street, 98059
PROJECT DESCRIPTION: The applicant has requested to remove 26 trees from two
commercial properties located in the Commercial Arterial (CA) zone. The combined parcels have
an area of 1.4 acres, however the area of impact would be the southern-most 25 feet of the
parcels for a total area of 5,375 SF. The tree removal and grading are a result of the Bremerton
Townhomes development approved under LUA06-133 and LUA12-008. SEPA Environmental
Review was completed with LUA06-133 which would extend to the proposed tree removal and
grading on the subject site. The applicant provided a landscape plan with the application which
identifies replacement trees and ground cover to be planted within the 5,375 SF area including 10
vine maples and 4 shore pine trees for a total of 14 new trees.
DATE OF EXPIRATION: August 27, 2014
City of Renton Community and Economic Development Department
Bremerton Townhomes Off-Site Routine Vegetation
Routine Vegetation Management Permit
LUA13-001101, RVMP
DA TE OF PERMIT: August 27, 2013 Page 2 of4
GENERAL REVIEW CRITERIA (4-4-130H4):
Yes No N/A
~ D D
~ D D
D ~ D
~ D D
~ D D
~ D D
~ D D
a. The land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement and subsidence or
hazards associated with strong ground motion and soil liquefaction.
[See Decision Criteria for additional comments.]
b. The land clearing and tree removal will not create or contribute to
flooding, erosion, or increased turbidity, siltation or other form of
pollution in a watercourse. [See Decision Criteria for additional
comments.]
c. Will the land clearing and tree removal be conducted to maintain or
provide visual screening and buffering between land uses of differing
intensity and consistent with applicable landscaping and setback
provisions of the Renton Municipal Code?
d. Can the land clearing and tree removal be conducted in a way so as to
expose the smallest practical area of soil to erosion for the least
possible time, consistent with an approved build-out schedule and
including any necessary erosion control measures?
e. Land clearing and tree removal shall be consistent with subsection D2
of this Section, Restrictions for Critical Areas -General, and RMC 4-3-
050 -Critical Areas Regulations. [See Decision Criteria for additional
comments.]
f. The retained trees will not create or contribute to hazardous
conditions as the result of blow-down, insect or pest infestation,
disease, or other problems that may be created as a result of
selectively removing trees and other vegetation from the lot(s). [See
Decision Criteria for additional comments.]
g. Will the land clearing and tree removal being conducted maximize the
preservation of any tree(s) in good health that is an outstanding
specimen because of its size, form, shape, age, color, rarity, or other
distinction as a community landmark?
DECISION CRITERIA COMMENTS: [the bullet number below corresponds to the Decision Criteria
number above]
a) No additional comments.
b) The applicant has indicated that the project would include measures to protect the site and
off-site area from erosion using typical erosion and sediment control measures as shown on
the construction plans for Bremerton Townhomes utility permit #U120093.
City of Renton Community and Economic Development Department Routine Vegetation Management Permit
Bremerton Townhomes Off-Site Routine Vegetation LUA13-001101, RVMP
DA TE OF PERMIT: August 27, 2013 Page 3 af 4
c} The applicant has proposed to remove trees from an area that currently provides a
vegetative buffer between the commercially deve/aped properties to the north and the
proposed residential develapment (Bremerton Tawnhames} ta the south. The removal of
the existing mature trees would completely eliminate any vegetative screening that is
currently in place at the subject site. As such, staff recommends as a condition of approval
that the area be landscaped primarily with trees following the necessary grading work
required to develop Bremerton Townhomes. The re-planted buffer shall consist at a
minimum of 26 trees, which would result in a 1:1 replacement ratio. The provided landscape
plan, identifies 14 replacement trees. An updated replacement planting plan shall be
submitted for approval by the Current Planning Project Manager, prior to the finalization of
the Bremerton Townhomes Construction Permit #Ul20093. All landscaping shall be
installed and inspected prior to final plat recording, LUA06-133 and LUA12-00B.
d} No additional comments.
e} There are no critical areas located on or around the site.
f} Na additional comments.
g) Of the 26 trees proposed to be removed none are identified as being an outstanding
specimen or a community landmark.
DECISION: The Bremerton Town homes Off-Site Routine Vegetation Management Permit is approved
subject to the following condition:
1. The disturbed area shall be re-vegetated with 26 new trees a minimum of 2-inches in caliper
for deciduous or 6 feet in height for coniferous trees. An updated planting plan identifying 26
trees shall be submitted for review and approval by the Current Planning Project Manager
prior to finalization of the Construction Permit for Bremerton Townhomes, U120093. All
replacement trees shall be installed and a final inspection shall be competed and approved
prior to final plat recording for Bremerton Townhomes, LUA06-133 and LUA12-008.
DATE OF DECISION ON LAND USE ACTION:
s1GNATURE: r I
c. ~ U11 tj--
C.E. "Chip" Vincent, Administrator
Department of Community & Economic Development
APPEALS: Appeals of permit issuance must be filed in writing with the City of Renton Hearing
Examiner by 5:00 p.m. on September 10, 2013, together with the required fee to the City of Renton
Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton
Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner and additional information
regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510.
City of Renton Community and Economic Development Department
Bremerton Townhomes 0/f-Site Routine Vegetation
DA TE OF PERMIT: August 27, 2013
Routine Vegetation Management Permit
LUA13-001101, RVMP
Page 4 of 4
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be
reopened by the approval body. The approval body may modify his decision if material evidence not
readily discoverable prior to the original decision is found or if he finds there was misrepresentation
of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to
amend the original decision, there will be no further extension of the appeal period. Any person
wishing to take further action must file a formal appeal within the 14-day appeal time frame.
EXPIRATION: The Routine Vegetation Management Permit shall be valid for one year from the date of
issuance. An extension may be granted by the Planning Division for a period of one year upon
application by the property owner or manager. Application for such an extension must be made at
least thirty (30) days in advance of the expiration of the original permit and shall include a statement
of justification for the extension.
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City of Renton
PROPERTY OWNER($) PROJECT INFORMATION
See attached ownership PROJECT OR DEVELOPMENT NAME:
NAME: information sheet. Bremerton Town homes Off-site Routine Vegetation
Manaqement Plan
ADDRESS:
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE
4505 & 4513 NE 4'h Street, 98059
CITY: ZIP:
TELEPHONE NUMBER:
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
2050500010 & 7227000000
APPLICANT (if other than owner)
NAME: Rob Risinger
EXISTING LAND USE(S):
Commercial
COMPANY (if applicable): Bremerton Avenue
Townhomes, LLC
PROPOSED LAND USE(S)
Commercial
ADDRESS: 846 108th Ave NE EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
Commercial Corridor
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: Bellevue, WA ZIP: 98004 (if applicable)
NIA
TELEPHONE NUMBER: 425-646-4435
EXISTING ZONING:
Commercial Arterial
CONT ACT PERSON PROPOSED ZONING (if applicable):
Not Annlicable
NAME: Evan Mann
SITE AREA (in square feet):
Approximately 5,375 Sq Ft (impacted area)
COMPANY (if applicable): ESM Consulting
Engineers
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
DEDICATED:
0
ADDRESS: 33400 ath Ave S SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
0
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Federal Way, WA ZIP: 98003 ACRE (if applicable)
0
TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)
0
253-838-6113
evanconnermann@gmail.com
NUMBER OF NEW DWELLING UNITS (if applicable):
0
C:\Users\evanm\Desktop\Bremerton\Master Application.doc -1-03/11
1--. _ JJ E CT INFO RMA T.:clO=-:N:_:__i:( c::..:o=n=t'=' '-=-ue=-d:=1.I ) _______ ----,
NUMBER OF EXISTING DWELLING UNITS (if applicable):
NIA
PROJECT VALUE:
Approximately $15,000.
~
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable): N/A
----
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable) N/A
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable) N/A D AQUIFIER PROTECTION AREA ONE
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO
BUILDINGS (if applicable): NIA
D FLOOD HAZARD AREA sq. ft.
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): NIA D GEOLOGIC HAZARD sq. ft.
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable): N/A
D HABITAT CONSERVATION sq. ft.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
D SHORELINE STREAMS & LAKES sq. ft.
PROJECT (ti applicable): N/A D WETLANDS sq. ft
. -----------------
LEGAL DESCRIPTION OF PROPERTY
(Attach leqal description on seoarate sheet with the followinq information included}
SITUATE IN THE __ NW __ QUARTER OF SECTION _15_, TOWNSHIP _23 N_, RANGE _5 E_,
IN THE CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s) Rob Risinger , declare under penalty of perjury under the laws of the State of Washington that I am (please check
one) ~-the current owner of the property involved in this application or _X_ the authorized representative to act for a corporation
(please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are
in all respects true and correct to the best of my knowledge and belief.
Signat,Jti!~f~r/Rep)';.;:'entative / /,/"
Date Signature of Owner/Representative Date
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that -~-l l) ~-I ',, i i (,' C~ (
signed this instrument and acknowledge it to be his/her/their free and voluntary for the
uses and purpose mentioned t[l.~~!"O,\lnt -------~£,,!t,~···,,,,,,,
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'•,,, vt-WAS°T''_,•• My appointment expires: -'....,,._-l-_---'1'-----c-J'-1----------------•1,,1 h, ""~'' __ .~
-' Notary Public in and for the State of Washington
C:\ Use rs \ro br\App Data \Local\M icrosoft\ Windows\ Temporary Internet Fi les\Content. Outlook\ 7Q06P8JZ\Maste r Application .doc -2 -
Property Owners for the
Bremerton Townhomes Off-site
Routine Vegetation Management Plan
4TH & Bremerton LLC
Attn: Cliff Goodwin
7319 Bowlyn Place South
Seattle, WA 98118
Dr. Kim A. Nicholas
4505 NE 4th St. # B
Renton, W A 98509
Dr. Baljinder S. Buttar
4505 NE 4th St. # A
Renton, W A 98509
PLANNING DIVISION
WAIV OF SUBMITTAL REQUI ...:MENTS
FOR LAND USE APPLICATIONS
Calculations 1
Construction Mitigation Description 2 ANo 4
R~~~·Rf'~i~~iHif!W~vi~i\;~i/pn {{/? ) >
Density Worksheet 4 ·
Drainage Report 2
g1WY~~19~~\f\\'\;~i1~~ty/~1~AJ~~rn·:::ur:············ ·
Environmental Checklist 4
§#r~~@s#r~m~Pi~:/R%#r~~siifif}J•:••••••••••••••·n••••••··
Existing Easements (Recorded Copy) 4
Grading Plan, Conceptual 2
@r~~,m~i:fi~~,P~t~.i/#~~·••··••·•·•·
Habitat Data Report 4
irnPrw~miii?wrrr#,1•{••••••••••••·•·•·•·•·····
Irrigation Plan 4
~1'N•Pci~/xf,~~~~##'i•M#iifim~ii\1n~~it~ii•:•••••••::••
Landscape Plan, Conceptual,
t~/i~$\;~p~~im!P~llil,f~~#(::::•••• • n······················ · ·
Legal Description 4
M<iB<?f~xt#i,@~~~q8,~~i~9n~i••••••::. u•••>•••••·•······ ·
Master Application Form 4
¥*n\i~1 P~r~# (pn~•B~rrfoHwrn~~11•1••••• ••••·•••·•·•· •·• ·•····
Neighborhood Detail Map 4
R~rm,m~· h?lf 9r~~~•t¥ ~~m~~~i'Nf0~i~#~+••••··•
Plan Reductions (PMTs) 4
This requirement may be waived by:
1. Property Services PROJECT NAME: {j(t'r'v'l€./~
2. Public Works Plan Review
3. Building DATE: 7 /za //3
4. Planning
H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs.xls 06/09
PLANNING DIVISION
WAIVER F SUBMITTAL REQUIRE ENTS
FOR LAND USE APPLICATIONS
lliANo•use•ii!eRMitsoaM® .. •.·• .. ".• .. •.• .. lLl •. • •. • •. ·•.·.! .... · .. :•.· .. • .. : .. ::····.·::··.•.: .... ·:·.:.··.•::····:· .. · .. ·.::· • .. ·· .... • .•. ·.• .. w·.·:·.: •.••. ·.•:A·.·s···.\·v*.·• .. :eo.• .. • ... • .. •:.• .. • .. • .. • .. • I •\~QiJ'1ijeMei,ii"sU?
Plat Name Reservation 4 Ai~ppi1smimn M~~tii:i~ ~~rnm~'Y r::r • ••• •• •············ ·
Public Works Approval Letter,
Stream or Lake Study, Standard 4
§tr~~rn·w[;#l~~§wi9y:§w'>1~m~Pt#it :•• ••u·····
Stream or Lake Mitigation Plan 4
Traffic Study 2 tw~•gym:r~~~r~ ~i~~r·rir mi~rf {• r>> >
Urban Design Regulations Analysis 4
~ij@~~·f'i~i:i:•@i~r~i,~~•~·•••••·•••
Wetlands Mitigation Plan, Final 4
'W~\i~~ Mi®~/ipi:i ~iAl\rnim~&\t•••••• u•·•>••·
Wetlands Report/Delineation ,
Applicant Agreement Statement 2 AND 3
Inventory of Existing Sites 2 AND 3
Lease Agreement, Draft 2 AND 3
Map of Existing Site Conditions 2 AND 3
Map of View Area 2 AND 3
Photosimulations 2 AND 3
ij9p1~/§~
/ EIY:••••••
This requirement may be waived by:
1. Property Services
2. Public Works Plan Review
3. Building
PROJECT NAME: (b(t:lm-J7N'.!V,1,16~ H(.e /lej}1v&_
DATE: J/23//3 ' 4. Planning
H:,CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs.xls 06/09
August 15, 2013
Ms. Vanessa Dolbee
Senior Planner
City of Renton Planning and Development
1005 South Grady Way
Renton, WA 98057
RE: Bremerton Avenue Townhomes
Off-site Routine Vegetation Management Permit
Dear Vanessa:
Job No. 1241-006-005
We are submitting to the City of Renton an application for a Routine Vegetation
Management Permit for an off-site property that is associated with the Bremerton Avenue
Townhomes. Please find with this letter/project narrative the Master Application and our
site plans.
The proposal is to clear 26 trees along the southern boundary of parcels 205050001 O and
7227000000. Combined, the parcels have an area of approximately 1.4 acres, but the
area of disturbance will be limited to the southern-most 25 feet of the properties for a total
of approximately 5,375 SF. The current use of the site is commercial with two structures
and on-site parking in the front and rear. The property is considered to be fully developed
based on current zoning and land use standards. Please see attached photographs.
In the subject area there are 26 trees made up of 19 Douglas Fir, 5 Maple, 1 Alder, and 1
Pine. The size of the individual trees is shown on the enclosed site plan. The general
health of the trees appears to be good. There are also some low lying bushes and grass
in the area. There are no critical areas on or near the site. The trees are situated on a
slope that was created as part of the filling that took place when the subject parcels were
developed.
The work is proposed as part of the clearing and grading taking place on the adjacent
project to the south known as the Bremerton Avenue Townhomes. This proposed grading
was covered in the original SEPA Determination that was done for the Bremerton
Townhomes project and as such does not require additional SEPA review. The permit
number for Bremerton Townhomes is #U120093. A temporary construction easement is
being granted to the Bremerton project to allow this work to take place. The finished
elevation of the parking lot on these two parcels is roughly 412 feei and the current
elevation of the Bremerton Avenue Townhomes site is 402 feet The Bremerton project is
proposing to fill their site to a similar elevation as the two parcels associated with this
permit to approximately match grades.
ESM Federal Way
33400 Blh Ave S. Ste 205
Federal Wo,y, WA 98003
253.838.6113 tel
800.345.5694 toll free
253.838.7104 f;u
ESM Evere11
1010 SE Everelt M;;ill Way. Ste 210
EvereU. WA 1'8208
425.297.9900 tel
866 . .t. 15.61.t,4 to II rree
425.2'7 9'01 fax
,-,,1-,·-· j,•,J.
Ms. Vanessa Dolbee
August 15, 2013
Page2
This avoids the need for a very tall engineered wall and eliminates the slope between the
properties. There will be approximately 4,000 CY of fill placed in the subject area.
The types of mechanical equipment used to accomplish this clearing and grading will be
typical to the clearing and grading of a site for development. This will include logging
equipmen~ dump trucks, excavators, graders, and rollers. No pesticides are proposed to
be used. The measures proposed to protect the site and off-site areas will include typical
erosion and sediment control measures as shown on the approved construction plans. A
replacement landscape plan has been prepared for this area and it includes the planting
of 10 Vine Maples and 4 Shore Pines.
This work is proposed to begin as soon as this permit is approved and should be
completed within 2 weeks of approval. The clearing and grading permit has already been
issued on the Bremerton Avenue Townhomes project and is currently underway.
We feel that this proposed Routine Vegetation Management Application will not have an
adverse impact on any property and will provide replacement vegetation in a manner that
is consistent with the City of Renton Tree Retention Requirements. Should you have any
questions, or require additional information please contact me directly. We look forward to
working on this with you.
Sincerely,
ESM CONSULTING ENGINEERS, LLC
Project Planner
Enclosures
cc: Rob Risinger
I lesm8\engr\esm-jobsl2581043\013\documentlletter-012.doc
...
Ms. Vanessa Dolbee
August 15, 2013
Page J
View of Improvements from NE 4th Street
_. ,' • ., l . l· I\
Aerial Photo of Site and Clearing Area
Return Address:
c/o JOHNS MONROE MJTSUNAGA KOLOUSKOVA PLLC
AITN: Darrell S. Mitsunaga
1601 114° Ave. SE. Suite 110
Bellevue, WA 98004-6969
Auditor!R.ecorder·s lndexrne Form
RECf\\/ED
/l.UG 15 2G\3
:N Of RENiON
C~LANNtNG DIVISION
Document Title(s): I AMENDED EASEMENT AGREEMENT _______________________ _
Reference Number(s) of related Documents I 20080104001146
Grantor(s): 1. 41h & Bremerton, LLC
2 Nichola~, Dr. Kim A.
/ 3. Buttar, Dr. Baljinder S.
Grantee(s) I. Bremerton Avenue Townhomes, LLC
-Legal Description: j Lots 2 and 3, King Short Plat No. 675015. Rec.# 7509050645
(abbrev,~i:a:;,te ... d"-).,,..,.-cc---'-:-c-----,-=-=c--:----c--:c--·-;c-c-----lT" x· I Additional legal is on pages Exhibits A and B of document. ------
Assessor· s Property --------------
1523059035; I 523059193: 2050500010;
Tax Parcel/Account Number(s): 7227000020; 7227000010
AMENDED EASEMENT AGREEMENT
This AMENDED EASEMENT AGREEMENT (this "AMENDED EASEMENT') is made
this 19th day of June, 2013, between 4'11 & Bremerton, LLC, Dr. Kim A. Nicholas, and
Dr. Baljinder S. Buttar (collectively referred to as "Grantors" herein), and Bremerton Avenue
Townhomes, LLC (referred to as "Grantee" herein).
RECITALS
A. Granters are owners of real property legally described on Exhibit A, which 1s
attached hereto and incorporated by reference herein ("Grantors' Property").
B. Grantee is the owner of the real property legally described on Exhibit B, which is
attached hereto and incorporated by reference herein ("Grantee's Property").
C. In December 2007, an Easement Agreement (the "Easement Agreement") was
entered between Granters and J&M Land Development, Inc. to, inter a/ia, grant, warrant and
convey to each other cross easements to direct the flow of storm water over, under, and across
Granters' Property and Grantee's Property for the benefit of said properties. The Easement
Agreement, recorded under King County Recording No. 20080104001146, is incorporated by
Page I
reference herein. Grantee is a successor in interest to J&M Land Development, Inc. with respect
to Grantee's Property.
D. The Easement Agreement was binding upon Grantors' Property and Grantee's
Property, was to run with the land, was binding upon said properties, and benefitted the heirs,
successor, and assigns of said properties.
E. The Easement Agreement further granted Grantee, inter alia, a temporary right of
access onto Grantors' Property for construction of re-grading, landscaping, and storm water
control and facilities, which access and construction was to be completed by December 31, 2008,
which did not occur.
F. Grantors and Grantee wish to re-affirm, adopt, and agree to the terms and
conditions of the Easement Agreement as amended herein by this Amended Easement.
NOW, THEREFORE, for valuable consideration, the adequacy and receipt of which is hereby
acknowledged Grantors and Grantee re-amrm, adopt, and agree to the terms and conditions of
the Easement Agreement and agree to amend the Easement Agreement as reflected in the
bold/italic font as follows:
1. Section I of the Easement Agreement is amended as follows:
1. Right of Access for Construction. Grantors grant a temporary right of
access onto Grantors' properties to Grantee for the purpose of allowing Grantee to
regrade and install landscaping and other improvements hereinafter referred to as
"Construction Work" as described, in part, on the ESM drawing dated August 27,
2007, &!lashed referenced as Exhibit C in the Easement Agreement. The area
necessary for the "Construction Work" is referred to as an "Easement Area" and
the "Construction Work" shall be constructed so as to direct the flow of storm
water over, under and across the Exhibit A or Exhibit B properties to a drainage
pipeline located on adjacent property owned by Schneider Homes I, LLC (the
"Schneider Property") and shall include, but not be limited to:
a. Regrading
b. Removal of the existing 12" CMP culvert on Grantors Property
legally described on Exhibit A.
c. Installation of 20 lineal feet of 12" CPEP pipe connecting the
existing storm drainage manhole on Grantors' property to the new storm
drainage manhole (#16) on Grantee's Property legally described on
Exhibit B, per the Concept Engineering drawing dated 7-31-12, entitled
BREMERTON TOWNHOMES STORM DRAINAGE PLAN,
DRAWING NO. C7.0, which has been provided to Grantors and is
incorporated by reference herein.
d. Installation of other necessary storm water facilities.
Pagel
The Schneider Property is the subject of an easement recorded under
20080I04001145 (the "Schneider Easement"). The parties hereto and their
respective Exhibit A and B properties shall be deemed to benefit from this
Easement Agreement. Any money received by Grantee from tlte sale and ltarvest
of trees/lumber from Grantor's Property slta/l be paid to Grantors.
2. Section 3 of the Easement Agreement is amended as follows:
3. Elevations and Dimensions. The approximate elevations and dimensions
of the Construction Work shall, as reflected in tlte Concept Engineering drawing
dated 7-31-12, entitled BREMERTON TOWNHOMES GRADING PLAN,
DRAWING NO. C-6.0, wltich ltas been provided to Grantors and is incorporated
by reference therein, be:
3. I Top elevation or proposed grading -4#8 410 fee plus or minus
above mean sea level.
3.2 Elevation at edge of parking lot -412 above mean sea level.
3.3 Approximate depth of fill at the property line separating Grantor's
and Grantee's Property is plus or minus 6 JO feet.
3.4 The fill area will project 16 feet plus or minus onto Grantor's
property.
3.5 Distance from top of fill to existing parking lot 12 feet plus or minus.
3. Section 5 of the Easement Agreement is amended as follows:
5. Ingress and Egress. Grantee shall complete all the Construction Work no
later than lJeeemha 31, 2()()8, December 31, 2013, at which time the right of
ingress and egress for that purpose shall terminate.
4. Section 15 of the Easement Agreement is amended as follows:
15. Notice. Notice is required to be in writing under this Agreement and shall
begin be as follows or to such other address as any party may designate to the
other parties in writing:
GRANTORS:
4™ & Bremerton LLC
Attn: CliffGoodwin
7319 Bowlyn Place South
Seattle, WA 98118
Page3
Dr. Kim A. Nicholas
4505 NE 4111 St. # B
Renton, WA 98509
Dr. Baljinder S. Buttar
4505 NE 4'11 St.# A
Renton, WA 98509
GRANTEE:
.!-&Al J,1md Del'f!lnp111e11t, h,e.
Post (}jfiee Bwe 2566
Re1tl811, J,J,;4 98056
Bremerto11 Ave11ue Tow11/10mes, LLC
846 108th Ave NE,
Bellevue, WA 98004
5. Except as otherwise expressly modified by this Amended Easement, all terms and
conditions of the Easement Agreement shall remain in full force and effect without modification
or change.
6. This Amended Easement and the Easement Agreement contains the entire agreement
between the parties with respect to the subject matter hereof and shall not be modified or
amended in any way except in a writing signed by duly authorized representatives of the
respective parties or their successors in interest or assigns.
7. This Amended Easement and the Easement Agreement shall be binding upon the
respective successors and assigns of the Parties hereto and shall inure to the benefit of and be
enforceable by the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Amended Easement to be
executed as of the date first above written.
GRANTORS: GRANTEE:
4TH & BREMERTON LLC
By· --
BREME~:r, A.Vl:NUE TOWNHOMES, LLC
By~fq:7~
Charles F. Conner, its Managing Member
Page 4
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this Q day of AUfju.Gf , 2013, before me, the undersigned Nota~.1111.~j~ in and
for the State of Washington, dul(i commission and sworn, personally appeared Cliff~. to me
known to be the Manager of 4T 1 & BREMERTON LLC, who executed the foregoing instrument and
acknowledged to me that the said instrument was signed as his/her free and voluntary act and deed, for
the uses and purposes therein mentioned.
WITNESS my hand and official seal this
------
Notary Public
State of Wllshlngton
MELINDA WEBER
My Appointmenl Expires Sep 17, 2016
----
ST A TE OF WASHINGTON )
) SS.
COUNTY OF KING )
'
/'3¥,,. day of ~u..f7T , 2013.
,11Pb~
I certify that l know or have satisfactory evidence that Dr. Kim A. Nicholas is the person who appeared
before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be
his/her free and voluntary act for the purposes mentioned in the instrument.
'u'
SIGNED AND SWORN to before me on this Jfi_ day of Jc..A / j , 2013.
Nollry Public
State of Washington
MELINDA WEBER
My Appointment Expires Sep 17, 2016
l~~L6:Dtl)(k ~ 1 ,~L~. .... ........... (Print Name)
Not · ub 1c
Residing at f±u_.h_,v'\n l:'.BS
My appointment expires b-1.f? CGDI lo
Page5
ST A TE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dr. Baljinder S. Buttar is the person who appeared
before me, and said person acknowledged that he/she signed this instrument and acknowle</ged it to be
his/her free and voluntary act for the purposes me±honed in the instrument.
SIGNED AND S~O~N-to befor~ ~e ~n this L day of A0.~Ltd: _, 2013.
Notary Public
State of Washington
WINONA SELLERS
My Appointment Expires Oct 1. 2016
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I 6l~tf!~ (Print Name)
Notary Pubhc
Residing at i.{fil3N6L/&StK,.n~ b-lA
My appointment expires \G) O) )Kr
On this 20-haay of '-J Me, ' 2013. before me, the undersigned Notary Public in and
for the State of Washington, duly commission and sworn, personally appeared Charles F. Conner, to me
known to be the Managing Member of Bremerton Avenue Townhomes, LLC, who executed the foregoing
instrument and acknowledged to me that the said instrument was signed as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
WITNESS my hand and official seal this 3/ O-i'~ay of (J ,\,,I\£.
····"t.='~·····,,
ff ~~~~
ff +o"tAJtJ.. I\~\
\., .;,~~~ ,-,,... 1n-._, ..
\ 'f >,;'"!'l!'°Vr:1-.il"'
,,,-~"-e, •,,, ..,,. W,.v •.
, 2013.
(Print Name) ~sh ll.,..{'0(\ L. ·::5,~f'.{) \1tt1",
Notary Public, Residing at fi(l-e,hu::.___
My appointment expires: IO/ 0\ / I L-\:
''tH1.a, ,,,.,, .. ,-.:
304-1 Amended Easement -J::Jr~f>rertorr Townhomes 06-19-13 Final.docx
Page 6
F,XHJBIT A
J. (Grantor: 4 TH & Bremerton, LLC)
Parcel A, DoclrnahJ Binding Site Plat, according to the plat thereof recorded in
Volume 163 of plats, Pages I and 2, records of King County, Washington. Situate in
the County of King, State of Washington.
Tax Parcel No. 20505000 J 0
2. (Grantor: Dr. Kim A. Nicholas)
Unit B, Renton Highlands Business Centel', a condominium, according to the
declaration thereof, rec"rded under King County Recording No. 9406160999; said
Unit is located on Survey Map and Plans filed in Volume 119 of Condominium Plats,
at Pages 8 and 9, in King County. Situate in the County of King, Stale of
Washington. Also known as Parcel No. 722700-0020, located at 4505 NE 4''· Street,
Renton, WA 98059.
Tax Parcel No. 7227000020
3. (Grantor: Dr. Ra]jinder S. Buttar)
Unit A, Renton Highlands Business Center, a condominium recorded in Volume I 19
of Condominiums, Pages 8 and 9 inclusive, according to the Declaration tl1ereof.
recorded under King County Recording Number 9406160999, and any amendments
thereto. Situate in the County of King, State of Washington. Also known as Parcel
No. 722700-0010, located at 4505 NE 4'1
' Street, Renton, WA 93059.
TID< Parcel No. 72270000 l 0
EXHIBIT B
(Grantee: Bremerton Avenue Townhornes, LLC)
Lots 2 and 3 of King County Short plat No. 675015, Recorded under Recording No.
7509050645, Records of King County, Washington. Also known as Parcels Nos.
!523059035 and 1523059193, located at 320 Breme11on Avenue NE.
Tax Parcel No. 1523059035 and 1523059193
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RECEIPT EG00012556
BILLING CONTACT
Evan Mann
ESM Consulting Engineers
33400 8TH AVE S , SUITE 205
FEDERAL WAY, WA 98003
REFERENCE NUMBER FEE NAME
I LUA13-001101 I Technology Fee
I LUA13-001101 I PLAN -RVMP Fee
Printed On: 8/1512013 Prepared By: Vanessa Dolbee
TRANSACTION
TYPE
I Fee Payment
j Fee Payment
Transaction Date: August 15, 2013
PAYMENT AMOUNT PAID METHOD
rash $2.25
SUB TOTAL $2.25
Fheck #43282 $75.00
SUBTOTAL $75.00
TOTAL $77.25
Page 1 of 1
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BREMERTON TO NHOMES
OFF-SITE ROUTINE VEGETATION MANAGEMENT PLAN
-----· . --·,· --. ·. -.
LEGEND
EXISTING 2' CONTOUR
EXISTING 1 O' CONTOUR
SITE BOUNDARY
DOUGLAS FIR
BIG LEAF MAPLE
ALDER
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REVISIONS
NO. DESCRIPTION/DATE BY
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JOB NO.: 1241-043-006
DWG. NAME, RVMP-01
DESIGNED BY: ECM
DRAWN BY: ECM
CHECKED BY:
DATE: 07 /30/13
DATE OF
PRINT:
RVMP-01
1 OF 1 SHEETS
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A PORTION OF THE N.E. 1/4 OF THE N.W. 1/4, SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M.
1 I \
" \ I . ......__ __ ------FROFERTY 60UNPARY -
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PLANT LEGEND
• . . .
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BOTANICAL I CQMHON NAME
FrUl1ue _ lauraceraeue I OTTO LU,KEN LAUREL
Pal~ettchum munltum / SWORD FE!'<:N
Arctaetaph\jlae uva urel I KINNIKINNICK
HYDROSEED MIX FOR PLANTING STRIP
PROFOmloN
-~-"--~ -------..... --------~·-· -T~f'ICA' -------------. ' ,_
c::E,ROUND COVER -TYPICAL.
F?EFER TO THIE> 5HEET FOR
5FECIFICAT ION5.
\
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QUANTIIT
le>
4
32
'"x., \_
... '·
6-' HT MIN.
!::> STEM MIN.
.,, HT MIN.
2 GAL.
COMMENTS
FULL, 646
----. ---------------
£.XlSTJNG P.AAKJNG LDJ
------. ---
;
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NOTES,
I. SOAK ROOT BALL AND WATER IN
IMMEDIATELY AFTER IN5TALLATION.
2. NO FERTILIZER 5HALL 6E AFFLIED
TOP OF ROOT SALL TO -----~
BE 2" ABOVE ORIGINAL LEVEL
OF NATIVE SOIL
WATl::RING 6ASIN-------~
Ll::VEL OF ORIGINAL------\,;;,:?)
NATIVE SOIL
AMEND NATIVE SOIL WI·--
<&" DEPTH ORGANIC COMPOST
U5E ONLY CONTAINERI.Zl:P--J
5TOCK 5FREAD ROOT5 OUT
PRIOR TO SACKFILLINc::E,.
\ '
\ /\ \!;
r J / /,
\ u1 /. ,,/ \I 'I I /
'
I
'------PRUNE Dl5EA5ED AND
BROKEN BRANCHES
~---<&" LAYER OF AR60Rl5T'5
MULCH OR COURSE 5Hl'sEDPED
EIAF1K MULCH TO BE FULLED
AWAY FROM 5TEM A MININUM OF
3" ALL AROUND
"----SCARIFY PLANTING FIT
51Dl::S AND 60TTOM
~1----------UNDISTURBED SOIL LINE
2x ROOTBALL WIDTH <IF &OIL HA$ BEl::N f'!l<EVIOUSL y
Dl5TURBED, FIFiM SOIL UNDER
ROOT BALL)
NAME eY WEIGi-iT Gl;Fa:IINATION
TRIFLE BLEND FEF?ENNIAL l'«YEc::;RAS5-1'1>% '9'1>
TUl'sf' GlUAL ITY
FINE FESCUI:: 30% <;i,z>
AEEJ.,ICATION RATE
lb -8 LBS. / 1,IZIIOIZI 5F.
NOTES
SEED ALL AREA5 THAT ARE SARE GROUND AND AT LEA5T 18" FROM
ANY PLANTED Tl'sEE OR 6HRU6.
U5E AFFROXIMATEL Y "i· le? L6S. OF 1e?·21Z'·2e? N-P-K FER'tlLl:Z:!:R FER
1,IZIIZ'IZI SQUARE FE!:T, AND AFFROXIMATEL Y 4!::>-4b L66. OF WOOD
CELLULOSE FIEIER MULCH FER 1,0'1:>0 E,QUAFsE FEET IN ALL AREAS TO
6E 5EEDED.
5EED1NG 5EA50N 15 LIMITED TO MARCH I· MAY I!:> 4 AUGU5T IB·
OCTOSER L
SEED 5HALL CONFORM TO 5TANDARD5 FOR "CIERTIFIED" GRA55 SEEP
OR BETTER, AS OUTLINED IN W5PA "RULES FOR 5EED CERTIFICATION",
LATEST EDlflON.
EQUAL &FACING
112 DIA OF PLANT r--F'--11---1-!=--+----+i:~'--.U:::__.,
OR A5 SHOU.N ON
pw,UJING
EDGE OF PAVING OR FLANTINc. SED
SHRUB AND GROUNDCOVER
-SPACING DETA~IL~==
NOT TO 5CALE
• • --.._o.
. . .
2x ROOTBALL WIDTl--l
•
' •
-··----PRUNE DISEASED AND
0 BROKEN 6RANCHE6
,,.,...;;,,·· q......REMOvE TOP 1/.;l OF BURL AF
_,;..._ 2" $ETTLl::D DEFTH FINE
GRADE BARJ< MULC!-l
l!HJ*--FERTILIZER T Af:lLET5
( 4-21 GRAH-2'1:1-10-!::>)
,x+--AMENP NATIVE SOIL UJITH
i&" DEFTH 3-UJA, MIX TOf'&OIL
COMPACT AND WATER T...!Oi'<OUC.HLY
'-------1---FIRM NATlvE 50IL MOUND
SHRUB PLANTING DETAIL
NOT TO SCALE
RESTORATION PLANTING DETAIL
,__
~
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Ht ,__
i'INl&H ~
Gl'<ADE
18" MIN.
NOT TO SCALE
5TAFLE
TREE
LFl!:.INFORCED RUSSER !-JOSE
OR VINYL WITH 16 GAUGE
c;AL VANIZED &TEEL WIFI!:. Tl!:&
QETA!l-
.,-------PRUNE PISEA5ED AND
6ROl<l:N 6RANC!-ll::6
..,-------HOSE AND WIRE TIES,
&El:: DETAIL AElOYE
_..---2x2 PINE TREE ST AKES
SET &TAKE$ PERPENDICULAR
TO PREVAILING; WIND
---REMOVE 61NDING MATERIAL AND
TOP 1/3 OF !9URLAF
----WA'fEF<ING 6ASIN
"ll'-'"--v-f~ ~--2" SETILl::D DEFT!-l FINE
-·
GRAD!:: BARK MULCH
,;.---AMEND NATIVE SOIL WITH
b" DEFTH ;I-WAY MIX TOF&OIL
~-FERTILIZE!'< T A6LET6
( 4-21 GFl.L>.M-20-10-S)
'-----&CARIF, FIT 61DE5 AND 60TTOM
'2:.~---1---Flf.M NATIVE SOIL MOUND
I
2x ROOTBALL UJIDT!-l • I
CONIFEROUS TREE PLANTING & STAKING DETAIL
NOT TO SCALI::
n
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SCALE: 1" = 1 O'
1 O' 5' 0
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LANDSCAPE NOTES
La._ ---. . -. --------' I
I. PO NOT PIG 6EFORE LOCATING, UTILITIE5 . •
KEY MAP
N.T.S
20·
----·-•• ·~---•••••,.o·-·-•••~"' ',_.,,
2. SUEl<'.:,RAPES, INCLUDING BERM5, TO WITHIN 1/IOTH FOOT FROVIDl::D E:IY GENERAL
CONTJ.1ACTOR UNLE55 OTHERWl5E NOTED.
5. SUE3c:'.E,RADE 5f.lALL 13!= 5CARIFIEP OR ROTOTILi-ED IF CONDITIONS REQUIRE.
4. Af'PL Y <&" DEPTH TYPICAL 3-WAY MIX TOFSOIL IN ALL PLANTING AREA5 OR AS
OTHERWISE NOTED.
!::>. AFFL Y 3" DEPTf.l MEDIUM/COARSE c::;RADE E:IARK MULCH IN ALL PLANTING AREAS. MULCH
TO BE Fl'sEE OF WEEP SEED, 5AWPUST, RESIN OR TANNIN AND 5HALL NOT CONTAIN ANY
COMPOUNDS DETRIMENT AL TO f'LANT GROU/TH.
<&. CONTJ.1ACTOR 15 RE5FONSl6LE FOR 6RINGING ANY PROPOSED SUB5T1TUTION5 OR
UNFORESEEN FIELD CONDITION& TO THI:,: ATTENTION OF THE LANDSCAPE ARCHITECT.
1. LANDSCAPE ARCHITECT MAY ADJUST PLANT GlUANTITIE5 OR VARIETIES BASED ON
AVAILA61LITY OR FIELD CONDITIONS.
e. ALL FLANT MATERIAL SI-IALL BE DISEASE FREE AND Af«RIVE IN A VIOOROUS GROWING
CONDITION.
':I. ALL PLANT MATERIAL SHALL CONFORM TO AAN STANDARD FOR NUR6ERY 5TOCK, LATEST
EDITION.
le>. ALL MA5S PLANTINGS SHALL HAYE TRIANGULAR SFACINc::E,. WHEl'sE MASE> PLANTING$ AEIUT
A HARD EDc::E,E EIEGIN FIRST ROW WITHIN 1," OF HARD l:Dc;,l;:
11. ALL MA55 PLANTINGS AF?E CONTINUOU5 THRO~HOUT FLANTINc::E, EIED. IF NO SYM60L 15
SHOWN, l'sEFER TO FLAN NOTE AND/OR FLANT LEGEND.
12. 5FECIFIEP PLANT $FACING IN PLANT LEc::;END 5UPERGEPE5 SYMEIOL5 5HOWN ON F'LANT5.
. '
CONTRACTOR 15 F?ESF'ONSIBLE TO REVIEWING FLAN SET AND CLARIFYING ANY QUESTIONS
F'RIOR TO BIDDING. '
1:S. ALL TFsEE FITS 5HA(L 6E IN5FECTEP TO INSURE PROPER DRAINAGE. PLANTING IN HEAVY
' SOILS REQUIRES ADDITIONAL DRAINAGE PROVISION. 5EE TREE FLANTINc::; DETAIL THIS SHEET.
14. CONTRACTOR AGREE5 TO WARRANTY AND MAINTAIN ALL PLANT MATERIAL FOR ONE FULL
c::E,ROUJINGi 5EA50N FA.5T INSTALLATION AND 5HALL F?EPLACE DEAD F'LANT MATERIAL WITHIN
THAT WARRANTY I MAINTENANCE PERIOD WITH NO 06Llc::;ATION TO THE OWNER
I!::>. ALL TREES SHALL 6E POUSLE STAKED A5 51-!0WN ON THE DETAILS. STAKES TO B.E
F?EMOVED AFTER ONE FULL <::,ROWING 5EA50N. TREES THAT HAVE DIED WITHIN Tl-4E ONE: YEAR
WARRANT, I MAINTENANCE PERIOD SHALL Ell:: REPLACED AND Fsf:•5TAKEP FER THE
DETAIL. AT NO ADDITIONAL COST TO THE Oll.NER
1<&. LANDSCAPE CONTRACTOR 5HALL MAINTAIN SITE UNTIL FINAL IN5FECTION AND
ACCEPTANCE EIY OWNl::R
• "' w / .. ,,-al
.. ±: l--------------------------------------------------------------------------------------------------------------------------.,!,,,-------------------------------· (f._ ::_
REVISJONS
NO. DESCRIPTION/DATE BY
l
2
REV.SITE ?LA"i
02/27/2007
SUFFER /1.00ITTON
09/13/2007
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--~
JOB NO.: 1241-006~005
DWG. NAME: LN-01
DESIGNEO BY:
DRAWN BY:
CHECKED BY:
DATE:
DATE OF
PRll'IT,
CL
CL
09/13/2007
LN-1
1 OF 1 SHEETS