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Home My WebLink AboutMisc - folder 2 of 2Avana Trails Wetland Trailhead Sign 3 Panels Each panel to be 7/25"X7.25" Painted metal panels Mount to PT 8x8 Post Top Panel : Graphic Depicting Wetland Center Panel: Verbage to Match Example Bottom Panel: Either Pedestrian Symbol as shown or Bicycle with Cricle/Slash through it. City of Renton Planning Division JAN 2 2 2014 January 22, 2014 Mrs. Vanessa Dolbee Senior Planner City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98057 RE: Fieldbrook Commons Final PUD, LUA13-001109, FPUD Dear Mrs. Dolbee, crr,OF RENTON RECEIVED JAN 112014 \ BUILOING DIVISION Please find enclosed the two copies of the Army Corps Nationwide Permit 29 (NWP29) requested in your letters dated September 18, 2013 and January 14, 2014. In addition, I am enclosing two copies ofthe Wetland Mitigation Plan dated September 23, 2013 referenced in the NWD29 special conditions for your convenience. I believe this should complete the submittal requirements and requests for additional information relating to the Final PUD approval for the Fieldbrook Commons Project. Should you require any additional information please feel free to contact me. Avtl..u! Tralls, L.LC 3,;,7-5 se 3G'" street, sv.lte :10,;, Mercer rstaV\.d, WA.!)R040 REPlY TO ATIENTION OF Regulatory Branch Mr. Justin Lagers PNW Holdings, LLC. DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 JAN t 7 2014 City ot Renton Pk·Hminq Diviston JAN 2 2 2ui4 9675 Southeast 36"' Street, Suite I 05 Mercer Island, Washington 98040 Dear Mr. Lagers: Reference: NWS-2012-1281 PNW Holdings LLC We have reviewed your application to place fill in 0.217 acre of wetlands to construct a multi-family housing development in Wetlands D, E, and Fat Renton, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 29, Residential Developments (Federal Register February 21, 2012, Vol. 77, No. 34), authorizes your proposal as depicted on the enclosed drawings dated September 23, 2013. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 29, Terms and Conditions and the following special conditions: a. You shall implement and abide by the mitigation plan, PNW Holdings LLC-Fieldbrook Commons, City of Renton Mitigation Plan dated September 23, 2013, and as modified by the permit special conditions. Mitigation shall be constructed before or concurrent with the work authorized by the permit. b. Performance standards for the emergent community, the monitoring schedule for wetland hydrology, and the monitoring schedule and performance standards for trees and shrubs installed in the restored wetland buffer planting area in the mitigation plan PNW Holdings LLC- Fieldbrook Commons, City of Renton Mitigation Plan dated September 23, 2013 are hereby modified as follows: I. Performance Standards for Emergent Species in the created wetland shall include 800/o average coverage by native emergent plant species after the fifth and seventh growing seasons. 2. Wetland hydrology shall be monitored in the created wetland and in Wetlands A and C in Years I, 2, 3, 4, 5, 7, and 10. • -2- 3. The monitoring schedule and Performance Standards for trees and shrubs installed in the Restored Wetland Buffer planting area shall be the same as those for trees and shrubs installed in the Enhanced Wetland Buffer planting area. c. A status report on the implementation of the authorized work and on the construction of the mitigation shall be submitted annually to the U.S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch by October 3 I" each year until mitigation construction is complete as determined by the Corps. This report must prominently display the reference number NWS-2012-1281. d. An as-built mitigation construction report and as-built drawings of the mitigation area shall be submitted upon completion of mitigation construction, in lieu of the status report described in Special Condition "c." This report must be submitted to the U.S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch for review and approval and must prominently display the reference number NWS-2012-1281. The year mitigation construction is completed, as determined by the Corps, represents Year O for mitigation monitoring. e. Mitigation monitoring reports shall be submitted annually for monitoring Years 1, 2, 3, 4, 5, 7, and IO to the U.S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch by December 3 I•• of each monitoring year. Year I monitoring will occur at least one year after completion of the mitigation sites as determined by the Corps. All reports must prominently display the reference number NWS-2012-I 281. f. To ensure the long-term protection of the mitigation site, you shall record on the mitigation site property deed a copy of this Department of the Army permit and a description of the mitigation area identified in the final mitigation plan. These documents shall be recorded with the Registrar of Deeds or other appropriate official charged with maintaining records on real property. Proof of this recorded documentation must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch within 60 days from the date of permit issuance. g. Your responsibility to complete the required compensatory mitigation as set forth in Special Conditions "a" through "f' will not be considered fulfilled until you have demonstrated mitigation success and have received written verification from the U.S. Army Corps of Engineers Seattle District, Regulatory Branch. Please be reminded that Special Condition "a" of your permit requires that you implement and abide by the mitigation plan for this project. In particular, note that the mitigation plan requires that you conduct a wetland delineation of the created wetland and Wetlands A and C in monitoring Years 5 and I 0. The wetland delineation reports must be submitted to the Corps, Seattle District, Regulatory Branch for review and approval, and must prominently display the reference number NWS-2012-1281. Please be reminded that in an e-mail dated October 23, 2013, you agreed to provide copies of the annual mitigation monitoring reports to -3- the Muckleshoot Indian Tribe when the reports are sent to the Corps and other regulatory agencies. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided that you comply with all of the permit general and special conditions. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. We have prepared and enclosed a Preliminary Jurisdictional Determination (JD) dated December 17, 2012. This preliminary JD was previously sent to you on December 27, 2012. The preliminary JD is a written indication that wetlands and waterways within your project area may be waters of the United States. Such waters will be treated as jurisdictional waters of the U.S. for purposes of computation of impact area and compensatory mitigation requirements associated with your permit application. If you believe the Preliminary JD is inaccurate, you may request an Approved JD, which is an official determination regarding the presence or absence of waters of the United States. If one is requested, please be aware that we may require the submittal of additioual information to complete an approved JD and work authorized in this letter may not occur until the approved JD has been finalized. Our verification of this NWP authorization is valid until March 18, 2017, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2017, you will have until March 18, 2018, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at www.nws.usace.arrny.mil select "Regulatory Branch, Permit Information" and then "Contact Us." A copy of this letter, without enclosures, will be furnished to Mr. Ed Sewall, of Sewall Wetland Consulting, Inc., 27641 Covington Way Southeast, #2, Covington, Washington 98042. -4- If you have any questions, please contact me at suzanne.l.anderson@usace.army.mil or (206) 764-3708. Enclosures Sincerely, L_),': anne Anderson, Project Manager Re ulatory Branch @ ' ·~ •,; ·~c ...... ·~ ·~ ,. " <' " s 3hl.S1 ., ti. -,.I c:r s :'.12n~ r·, q.. ~, "' If• •• - ,:i -.i.;.~d ~-\ ()'.I " "' s J6,n s, 0 ., 7i S 37th $[ ·- s JSthcr "' 0 ~ ~ ,= ~~ .., ti 17 i"t11o,f.: ., ~ -·~..., ,S :;;.7ti, Pl S 3'1:e C·l , ._., ~ u• ? m "' "' \ <;! " Ii' • ,;-• (~) s m ::; S 4>-l' St ~::,;pi Pl 4' ~~ " /? fi "' ~ ~ = ~ REFERENCE: NWS-2012-1281 APPLICANT: LOCATION: TAX PARCEL NO. 2923059168, 2923059022, & 2923059023 RENTON, WASHINGTON FtELOBROOK COMMONS, LLC LATITUDE: 47.44919.N LONGITUDE: -122.1946"W SE !55tll :.-;t .. 0 ~ > , ,, "" Ill C ~ ,.. • m m m SE ?&1:-0 Si ,,., m s '[j ·i, <, ,, ~, J> <. .•. "' "' rr1 SE 166tn ;:.,t ~ 1f:.tfth '?"• SE 17C'tl'1 S1 ,&"~-<' "'a,, ~ SE 171rctSt UJ U) " ~ '9, ~ ""~ t" q. "' ,s, "' I~ 2 h{,:- :i. ,if .cg, m ::!] •. .SE 1'JLiih P-.. d ff: 5:; 1 ,:;[ i/:;i?~h :;-~ Sf.. 16Str .s: ~ ~ ::i ,._.a~·;c;i rl~ ,... .t $t' ::or-;iin~J Ci::r.-t~r C!:31 " "' '" ':-E 172:,-j St SE -:7' ,..;_,3r::. St !}J "' !,. "' '{:! <• ·, ' -<( .,:. g ,-:: SE Pntrovitsky Ro SE 176th SI 1761h S! SEP VICINITY MAP 0 ~ g. > ~ <? m PROPOSED PROJECT: FIEWBROOK COMMONS IN: WETLANDS NEAR/AT: RENTON COUNTY: KING 0, "' " >· ~ " R "" i ~ 3! ., "' ct ~ > < ~ " ?: .,,., ,, Q :S: ,,· :! ~ "' !(; s:: ~ ,;,-, " "!:' f APPROX. SCALE: 1" = 500' Sewall Wetland Consulting, Inc. 27641 Covlngton wav SE, N2 Covington, WA 98042 SHEET 1 OF 6 09/23/2013 I STATE: WASHINGTON (253) 859-0515 -telephone {2S3) 852-4732 -fax ,--~----I--------------:,w,, ------------ , . I r l:ATEODRY ll I _: .. : .. :. _· ., _J-.. , 7,U1Sf ~ -25'WE1l.At1D BUFFER I WEnANa, OORVal l """ SO'WETLAND '"""' ',-~---.;~-:~·....:..;.~---;;~:.:-~·;..= 511' WEll..AHD • BUFFER _J __ . _____ T_ ----.. -7--r-, • I. :· . . -••. ·:·' -; -~· I I ,I, I I I I 1-· I I I I I -f ' I Wl:TI..AHDC CATEGORY Ill 1,149SF '°'' ·;· ·----· i--<.=-• ---' @::=::==:::=::::::::~::t:::tf' REFERENCE: NWS-2012-1281 APPLICANT: FIELDBROOK COMMONS, LLC LOCATION: TAX PARCEL NO. 2923059168, 2923059022, & 2923059023 RENTON, WASHINGTON LATITUDE: 47.44919°N LONGITUDE: -122.1946"W SHEET2 OF 6 L ____ .;;;:- ~ 0 150 EXISTING CONDITIONS SCALEIN FEET PROPOSED PROJECT: FIELDBROOK COMMONS IN: WETLANDS NEAR/AT: RENTON COUNTY: KING 09/23/2013 J STATE: WASHINGTON Sewall Wetland Consulting, Inc. 27641 Covington Way SE, #2 Covington, WA 98042 (253) 859-0515 • telephone (253) 852-4732-fax REFERENCE: NWS-2012-1281 APPLICANT: FIELDBROOK COMMONS. LLC -l.S.~lO SF WET\JINO CREATION MfiB 9,3l<1SfWET1AtmF1l.l 4,573 SF BUFFER AVERAGING• AODITION 1m1 3,83J SF BUFFER AVERAGING• SUBTRACTION -14,230 Sf BUFFER RESTORATlotl FOR HMJ>CRAAY IMPACTS LOCATION: TAX PARCEL NO. 2923059168, 2923059022, & 29230S9023 RENTON, WASHINGTON LATITUDE: 47.44919'N LONGITUDE: -122.1946.W SHEET3 OF 6 I i · · -~:~r I •... ·!fl' 1~ . : ,·· _a,, 1.··.··.-11 u. ) ri l9: -Lru nn. 1 rt911 1' . .I ..,-·-' 1 ----- 1,li1SSF """"" IU!STORATION 3,502 SF DUFFER REOt/CTION FOR .c'CITY-REQUIRBl TRAIL UOTE: LOCATION SHOWN IS APPROlnMATE. TRAIL SIIALL DE FIELD LOCAlEO TO MJMIMIZE THE HIJMBEROFTRUS THAT HAVE TO BE CUT, l,J&O SF BUFFER RE$0RATION FOR STORMWATER OUTFALi! ---.._-.1. ,,,)\}l \..c _,.-~:;ill 4.!i7l5F BUFFER AllDITION f 0 150 MITIGATION SITE PLAN SCALE IN FEET 09/23/2013 PROPOSED PROJECT: FIELOBROOK COMMONS IN: WETLANDS NEAR/AT: RENTON COUNTY: Kl NG STATE: WASHINGTON Sewall Wetland Consulting, Inc. 27641 Covington Way SE, #2 Covington, WA 98042 (253) 859-0515 -telephone (253) 852-4732 -fax 418A w 1 C ml I' I 413 419A w B ilil js I 7 414 418A w D li Is 0:::::: ',(' I .__~ 411 ..;.: WETLAND CREATION CROSS-SECTIONS s 1, ! ,1; ; ' Li£/ ·>1·1·.;... ... . .. ~-•" ...... .. • • •Ii. .. .. .. • .. .. ',I, • • .. ·.-.·.· .. ·.·.·.·. . . . .. .. . . . .. . . .. .. . -. . . • • WETLANDA-• .. • ... , NOWORK .... •, PROPOSED . .. ... ... . . . .. . . ·.·.·.·.·.-~~~---.·.·.· . . . .. . .. .. -.. . . .. . . . -. .. . .. . . . -. .. WETLAND CREATION GRADING PLAN -- EXISTING -CONTOUR. TYP D ~~\I \t- ~ o ·so WETLAND CREATION GRADING PLAN SCALE IN FEET REFERENCE: NWS-2012-1281 APPLICANT: FIELDBROOK COMMONS, LLC LOCATION: TAX PARCEL NO. 2923059168, 2923059022, & 2923059023 RENTON, WASHINGTON LATITUDE: 47.449l~rN LONGITUDE: -122.1946~W SHEET4 OF 6 PROPOSED PROJECT: FIELDBROOK COMMONS IN: WETLANDS NEAR/AT: RENTON COUNTY: KING 09/23/2013 j STATE: WASHINGTON Sewall Wetland Consulting, Inc. 27641 Covington Way SE, #2 Covington, WA 98042 (253) 859-0515 -telephone (253) 852-4732-fax UMITSOF WETt.AND CREATION LIMfTSOF WETLAND BUFFER ENHANCEMENT REFERENCE: NWS-2012-1281 APPLICANT: FIELD8ROOK COMMONS, LLC .. • . . . • • • • ,+ • ~· \. . ... -. ··1 ... •. •• ...... + . ,• .. . ,• ... :' ...... :-!• ~ ', \ \ \ ~ -. IMITSOF WETLAND BUFFER ENHANCEMENT UMITSOF WETLAND BUFFER ENHANCEMENT '\ ',\. ', \_ ,, r D ---40 WETLAND CREATION PLANTING PLAN SCALE IN FEET LOCATION: TAX PARCEL NO. 2923059168, 29230S9022, & 2923059023 RENTON, WASHINGTON LATITUDE: 47.44919'N LONGITUDE: -122.1946'W SHEETSOf 6 09/23/2013 PROPOSED PROJECT: FIELOBROOK COMMONS IN: WETLANDS NEAR/AT: RENTON COUNTY: KING STATE: WASHINGTON Sewall Wetland ConsultJng, Inc. 27641 Covington Way SE, #2 Covington, WA 98042 (253) 859-0515 -telephone (253) 8S2-4732 • fax WETLAND CREATION PLANTING LIST BUFFER ENHANCEMENT/RESTORATION PLANTING LIST QNTY PLANT NAME SIZc SPACING QNTY PLANTNAME SIZE SPACING TREES TREES @ 15 Pacific Willow 2gal. as shown 0 29 Big Leal Maple ~-min. calipe " Salix lasiandra Acer macrophyl/um containerized as shown © 33 Silka Spruce 6' min. height as shown (§) Douglas Fir 6' min. height containenZed 38 Picea St1chensis Pseudolsuga met?ziesii containerized ss shown 0 21 Wes/em Crabapple 2gal as shown (/) Cascars !2" min. calipe Malux (pyrus) /usca 12 Rhamus purshiana containerized as shown 0 15 Oregon Ash 2" min. ca!lpe as shown SHRUBS Fraxinus IBJifolia containenZerJ SHRUBS © 19 Vine Maple 2gal. Acer circinatum as shown 0 100 Red.-osier Dogwood 2gal. as shown Comus sfolonifera ® 69 Hazelnut 2gal. as shown Cory/us comuta ® 90 Sitka Wrl/ow SabX sitchensis 2gal. as shown 91 Indian Plum © Oemleria cerasiformis 2gal. as shown • 94 Black T winberty 2gal. lonicera involucra as shown Common snowberry & 114 2gal. Symphon'carpos a/bus as shovm 95 Salmon berry 2gal. as shown © Rubus .spectabilis Salmonbeey @ s 2gal. as shown Rubus spectabllis 0 70 Clustered Rose Rosa plsocarpa 2ga1 as shown EMERGENT PLUGS lvvv 1300 Spike Rush Plug 18" O.C per detail vv Iv V V 1300 Slough Sedge Plug 18w O.C per deta,1 vv t, V V vv Iv V V vv 1300 Smau Fruited Bui/rush Plug 18"0.Cperdetail PLANT SCHEDULE REFERENCE, NWS·2012-1281 LOCATION: PROPOSED PROJECT: ~ewall Wetland Consulting, Inc. TAX PARCEL NO. 2923059168, FIELDBROOK COMMONS APPLICANT: 2923059022, & 2923059023 RENTON, WASHINGTON FIELDBROOK COMMONS, LLC LATITUDE: 47.44919.N IN~ WETLANDS 27641 Covington Way SE, #2 LONGITUDE: -122.194GaW NEAR/AT, RENTON Covington, WA 98042 COUNlY: KING (253) 859-0515 -telephone SHEET 6 OF 6 09/23/2013 STATE: WASHINGTON (253) 852-4732 -fax NATIONWIDE PERMIT 29 Terms and Conditions Effective Date: June 15, 2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 40 I Certification General Conditions F. State 40 I Certification Specific Conditions for this NWP G. EPA 40 I Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP -• In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following tenns and conditions must be met, as applicable, for a Nationwide Pennit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTNITIES 29. Residential Developments. Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, stonn water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intennittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written detennination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. Subdiyisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots. Notification: The pennittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 31.) (Sections IO and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note: To qualify for NWP authorization, the prospective pennittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective pennittees should contact the appropriate Corps district office to detennine if regional conditions have been imposed on an NWP. Prospective pennittees should also contact the appropriate Corps district office to detennine the status of Clean Water Act Section 40 I water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain pennit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR § 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, iffuture operations by the United States require the removal, relocation, or other alteration, of the stn1cture or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pennittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aguatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or othe,wise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fl//, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake stn1ctures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. lfthe activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high 2 flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters ifit benefits the aquatic environment (e.g., stream restoration or relocation activities). I 0. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods oflow-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by 3 the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. ( e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "hann" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/lisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section I 06 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and detennine whether it is sufficient to address section I 06 compliance for the NWP activity, or whether additional section I 06 consultation is necessary. (c) Non-federal permittees must submit a pre-constmction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and 4 the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to cany out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section I 06 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section I 06 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). lfNHPA section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section I I Ok of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHP A, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPOffHPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties ofinterest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b)ForNWPs3,8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37,and38,notificationis required in accordance with general condition 31, for any activity proposed in the designated critical 5 resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of33 CFR part 332. (I) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) Ifpermittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(cX2)-(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, 6 the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides ofa stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-I ieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CW A Section 40 I, individual 40 I Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 7 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatocy mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatocy mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatocy mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessacy to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessacy to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (I) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits ofan NWP, the permittee 8 may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the pennittee in writing that an individual pennit is required within 45 calendar days of receipt of a complete PCN, the pennittee cannot begin the activity until an individual pennit has been obtained. Subsequently, the pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following infonnation: (I) Name, address and telephone numbers of the prospective pennittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general pennit(s), or individual pennit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to detennine that the adverse effects of the project will be minimal and to detennine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the tenns of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intennittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The pennittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthennore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than !/JO-acre of wetlands and a PCN is required, the prospective pennittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective pennittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, detennined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Fonn of Pre-Construction Notification: The standard individual permit application fonn (Fonn ENG 4345) may be used, but the completed application fonn must clearly indicate that it is a PCN and must include all of the infonnation required in paragraphs (b )( 1 ) through (7) of this general condition. A letter containing the required infonnation may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the tenns and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 5 l, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intennittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or 9 state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception ofNWP 37, these agencies will have IO calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CPR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)( 4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. District Engineer's Decision l. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or ofan otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10:.acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district 10 engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of anNWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland, bog, bog-like wetland, aspen-dominated wetland, alkali wetland, wetlands in a dunal system along the Washington coast, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons cannot be authorized by a NWP, except by the following NWPs: NWP 3 -Maintenance II NWP 20-Oil Spill Cleanup NWP 32 -Completed Enforcement Actions NWP 38-Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Penni! General Condition 31 (Pre-Construction Notification) and obtain written approval before commencing work. 2. Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure l at www.nws.usace.army.mil, select Regulatozy Pennits then Permit Guidebook, then Nationwide Permits) requiring Department of the Anny authorization: NWP 12-Utility Line Activities (substations) NWP 13 -Bank Stabilization NWP 14 -Linear Transportation Projects NWP 23 -Approved Categorical Exclusions NWP 29 -Residential Developments NWP 39 -Commercial and Institutional Developments NWP 40 -Agricultural Activities NWP 41 -Reshaping Existing Drainage Ditches NWP 42 -Recreational Facilities NWP 43 -Stonnwater Management Facilities 3. New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound. Activities involving new bank stabilization in tidal waters in Water Resource Inventozy Areas (WR!As) 8, 9, l 0, 11, and 12 (within the specific area identified on Figure 2 at www.nws.usace.anny.mil, select Regulatozy Penn its then Pennit Guidebook, then Nationwide Pennits) cannot be authorized by a NWP. 4. Bank Stabilization. Any project including new or maintenance bank stabilization activities requires pre-construction notification to the District Engineer in accordance with Nationwide Pem1it General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4 (a)(2). Each notification must also include the following information: a. Need for the work, including the cause of the erosion and the threat posed to structures, infrastructure, and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps' jurisdiction (typically, the ordinary high water mark or mean higher high water mark). b. Current and expected post-project sediment movement and deposition patterns in and near the project area. In tidal waters, describe the location and size of the nearest bluff sediment sources (feeder bluffs) to the project area and current and expected post-project nearshore drift patterns in the project area. c. Current and expected post-project habitat conditions, including the presence offish, wildlife and plant species, submerged aquatic vegetation, spawning habitat, and special aquatic sites (e.g., vegetated shallows, riffie and pool complexes, or mudflats) in the project area. d. In rivers and streams, an assessment of the likely impact of the proposed work on upstream, downstream and cross-stream properties (at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for 12 determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e. For new bank stabilization activities in rivers and streams, describe the type and length of existing bank stabilization within 300 feet up and downstream of the project area. In tidal areas, describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. f. Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods. These methods include, but are not limited to, the use of bioengineering, biotechnical design, root wads, large woody material, native plantings, and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions, explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps detennines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources, you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g. A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States. Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts, requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4 (a){2). Each notification must also include the following information: a. Need for the crossing. b. Crossing design criteria and design methodology. c. Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if, during the course of conducting authorized work, human burials, cultural resources, or historic properties, as identified by the National Historic Preservation Act, are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C, the National Historic Preservation Act, and other pertinent laws and regulations could result in a violation of state and federal laws. Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat, as identified under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat (e.g., Pacific salmon, ground fish, and/or coastal-pelagic species) managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov/. 13 8. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands, and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48, the aquaculture area docs not need to be replanted with submerged aquatic vegetation. 9. Access. You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being, or has been, accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements. The pe1mittee must provide a copy of the nationwide permit verification letter, conditions, and permit drawings to all contractors involved with the authorized work, prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP 1. For activities associated with multi-phase residential, commercial, institutional, or recreational development projects, including real estate subdivisions, the pre-construction notification must include a history of the entire property involved in the project, including information about subdivisions of the property and past work on the property in or affecting waters of the United States. Required documentation includes copies of the original plat and State Environmental Policy Act (SEPA) determination(s) for the property, including the SEPA checklist. The District Engineer may allow a variance to specific requirements of this condition on a case-by-case basis. 2. No activity can result in the loss of greater than 300 linear feet of intermittent and ephemeral stream beds. E. STATE401 CERTIFICATION GENERAL CONDITIONS: I. For in-water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause, or be likely to cause or contribute to an exceedence of a State water quality standard (WAC I 73-201A) or sediment management standard (WAC 173-204). Note: State water quality standards are posted on Ecology's website: hllp:llwww.ecy. wa.govlprogramslwqlswq,! Click "Swface Water Criteria "for freshwaler and marine waler standards. Sedime11t ma11agement s/andard, are posted on Ecology's website: h11p://www.ecy. wa.govlbibliolwacl 73204.hlml. J11for111atio11 is also available by co/1/acting Ecology's Federal Permil staff 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Note: To deter111i11e ifyourprojec/ or activily is in a 303(d) /isled segment of a wa/erbody, visit Ecology's Water Quality Assessment webpagefor maps and search tools, hllp:llwww. ecy. wa.govlprogramslwq/303d/2008!. Information is also available by con/acting Ecology's Federal Permit sJajf 14 • 3. Notification. For projects or activities that will require Individual 401 review, applicants must provide Ecology with the same documentation provided to the Corps (as described in Corps Nationwide Permit General Condition 31, Pre-Construction Notification), including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Note: Welland ralingforms are t/vailable 011 Ecology's Wellands websile: hllp:llwww.ecy.wa.gov/programs/sealwetla11dslrati11gsys1e111s or by conlt/Cting Ecology's Federal Permit slajf. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State, Parts I and 2 (Ecology Publications #06-06- 011 a and #06-06-01 lb). ( d) Coastal Zone Management Program "Certification of Consistency" Fonn if the project is located within a coastal county (Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum, and Whatcom counties). Note: CZM Certificalion of Consistency forms t/re al'ailable on Ecology's Federal Penni! website: hllp:llwwll'.ecy. wa.govlprogramsl.,ea!fed-permitlindex.htm/ or by contacting Ecology's Federal Permit staff (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions, or notification conditions of the applicable NWP. Note: Ecology has 180 days from receipt of applicable documeltls noted above and a copy of the final authorization feller fi'Oln the Cm11s providing coverage for a proposed projecl or activity under the NWP Program to issue a WQC and CZM consistency deter111in<1lion response. lfmore lhan 180 days pass qfter Ecology's receipt of these documents, your requiremenl to oblain 011 individual WQC and CZM consistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Regional Condition 1): 15 • (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #04-06-025 and #04-06-015): • Estuarine wetlands • Natural Heritage wetlands • Bogs • Old-growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands • Vernal pools • Alkali wetlands (b) Fens, aspen-dominated wetlands, camas prairie wetlands, and marine water with eelgrass (Zostera marina) beds (except for NWP 48). (c) Category I wetlands (d) Category II wetlands with a habitat score::: 29 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20-Response Operations for Oil and Hazardous Substances NWP 32 -Completed Enforcement Actions 5. Mitigation. For projects requiring Individual 401 review, adequate compensatory mitigation must be provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. (a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (Ecology Publications #06-06- 01 la and #06-06-01 lb) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. n. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv. The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub- shrub wetlands, IO years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. 16 • Refer to Wetland Mitigation in Washington State -Part 2: Developing Mitigation Plans (Ecology Publication #06-06-0 I I b) for guidance on developing mitigation plans. · Ecology encourages the use of alternative mitigation approaches, including advance mitigation and other programmatic approaches such as mitigation banks and programmatic mitigation areas at the local level. lfyou are interested in proposing use ofan alternative mitigation approach, consult with the appropriate Ecology regional staff person. (see http://www.ecy.wa.gov/programs/sea/wetlands/contacts.htm) Information on the state wetland mitigation banking program is available on Ecology's website: l1ttp://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/index.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater discharge pollution prevention: All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the stale. For land disturbances during construction, the permittee must obtain and implement permits where required and follow Ecology's current stonnwater manual. Note: Stormwater permit itiformation is available at Ecology's Water Quality website: http://w1v11•. ecy. wa.go1,/progra111s/11•qlstom1water/index. html. Ecology's Stormwater Management and Design Manuals are available at: http: l/11ww. ecy. wa. gov!programs/1 vqls tormwat erlm un ic ipal/SI m 111• t rMan. htm I. biformat i 011 is al so available by contacting Ecology's Federal Permit staff 8. State Certification for PCNs not receiving 45-day response. In the event the U.S. Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days, the applicant must contact Ecology for Individual 401 review. F. STATE 40 I CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Permittee must meet Ecology 40 I General Conditions. Individual 40 I review is required for projects or activities authorized under this NWP if: 1. The residential development has impacts to waters of the state greater than Y., acre. 2. The project is a subdivision. Note: "Subdivision" is the divisio11 or redivision ofla11d into lots, tracts, parcels, sites, or divisions for the pwpose of sale, lease, or lransfer of ownership. G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A. Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 40 I certification: Mature forested wetlands, bogs, bog-like wetlands, wetlands in dunal systems along the Washington coast, coastal lagoons, vernal pools, aspen-dominated wetlands, alkali wetlands, camas prairie wetlands, estuarine wetlands, including salt marshes, and marine waters with eelgrass or kelp beds. 17 B. A 401 certification detennination is based on the project or activity meeting established turbidity levels. The EPA will be using as guidance the state of Washington's water quality standards [WAC 173- 20 la] and sediment quality standards [WAC 173-204]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 40 l certification. The water quality standards allow for short-tenn turbidity exceedances after all necessa,y Best Management Practices have been implemented (e.g., properly placed and maintained tilter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off-site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: Wetted Stream Width at Discharge Point Approximate Downstream Point for Determining Compliance Up to 30 feet 50 feet > 30 to 100 feet JOO feet > 1 00 feet to 200 feet 200 feet >200 feet 300 feet LAKE, POND, RESERVOIR Lesser of I 00 feet or maximum surface dimension C. 401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stonnwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. D. For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that pennit. Projects and activities not in compliance with NPDES requirements will require individual 401certification. E. Individual 40 I certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies (the 303(d) List) and the discharge may result in further exceedance of a specific parameter the waterbody is listed for. The EPA shall make this determination on a case-by-case basis. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL) or an approved water quality management plan, the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impainnent. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. The current list of303(d)-listed waterbodies in Washington State will be consulted in making this detennination and is available on Ecology's web site at: www.ecy.wa.gov/programs/wq/303d/20J2/index.html The EPA may issue 401 certification for projects or activities that would result in further exceedance or impainnent if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 certification review. 18 F. For projects requiring individual 40 I certification, applicants must provide the EPA with the same documentation provided to the Corps, (as described in Corps' National General Condition 31, Pre- Construction Notification), including, when applicable: ( a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, any other U.S. Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31, Corps Regional Conditions, or notification conditions of the applicable NWP. A request for individual 401 certification-review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist ofunsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). H. An individual 40 I certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality-related impacts of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: • impacts to any aquatic resources requiring special protection (as defined in EPA General Condition A or Corps General Regional Condition I) • any impacts to tidal waters or non-tidal waters adjacent to tidal waters (applies to NWP 14) • Or, any impacts to aquatic resources greater than \4 acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (Ecology Publication #06-06-01 la and #06-06-01 lb) and shall, at a minimum, include the following: (I) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (2) The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) (3) The rationale for the mitigation site that was selected (4) The goals and objectives of the compensatory mitigation project (5) How the mitigation project will be accomplished, including proposed performance standards for measuring success (including meeting planting success standard of 80 percent survival 19 after five years), evidence for hydrology at the mitigation site, and the proposed buffer widths; (6) How it will be maintained and monitored to assess progress towards goals and objectives. (7) Completion and submittal of an "as-built conditions report" upon completion of grading, planting and hydrology establishment at the mitigation site; (8) Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology, vegetation types, and aerial cover of vegetation. (9) For forested and scrub-shrub wetlands, IO years of monitoring will often be necessary. ( I 0) Documentation of legal site protection mechanism (covenant or deed restriction) to show how the compensatory mitigation site will be legally protected for the long-term. I. An individual 40 I certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. J. An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters (per Corps General Condition 22). K. An individual 40 I certification is required for any proposed project that would increase permanent, above-grade fill within the I 00-year floodplain (including the floodway and the flood fringe). [Note: The JOO-year floodplain is defined as those areas identified as Zones A, AJ-30, AE, AH, AO, A99, V, Vl-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the I 00-year floodplain on applicable local Flood Management Program maps. The I 00-year flood is also known as the flood with a I 00-year recurrence interval, or as the flood with an exceedance probability of 0.01.] H. EPA 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Denied. Individual 401 certification required. I. COAST AL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur subject to the following condition: When individual 40 I review by Ecology is triggered, a CZM Certification of Consistency form must be submitted for projects located within the 15 coastal counties (see State General 40 I Condition 3 (Notification)). 20 PRELIMINARY JURISDICTIONAL .DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 17 December 2012 8. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Justin Lagers. PNW Holdings. LLC. C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Seattle Dlsllict PNW Holdings. LLC /Fleldbrook Commons): NWS-2012-1281 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: State: '!iA County: lSi!Jg City: Renton Center coordinates of site (lal/long In degree decimal formal): Lat. 47.44919"N, Long. -122.1946"W Name of nearest waterbody: Big Soos Creek · Name of any water boclleson the site, In the review area, that have been idenlified as Section 10 waters: . Tidal: __ Non-Tidal: Identify (estimate) amoUJ1t of walers In the review anaa (If there are mulllple siles, use lhe table instead): Non-weUand waters (total for site): Dnear feet __ and width (ft)__ or __ acres. Stream Flow : RPW Flow path: Big Soos Creek flows to the Green River [NW) which outlets to the Duwamlsh River (Navigable Waters of the US\ Wetlands: WeUands A, B. C, D. E, and F 1.2 acres (total for site). Cowardin Class(es): PFO. PSS. PEM Site Latitude Longilude Cowardin Esllmaled amount of aqualic number Class resource in review area E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): 181 Office (Desk) Determlnalion. Date: 17 December 2012 D Field Determination. Date(s): __ Class of aquatic resource SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply. checked ilems should be included in case file and, where checked and requested, appropriately reference sources below): . 181 Maps, plans, plots or plal submll!ed by or on behalf of the appDcanVconsullanl: Fleldbrook Commons, Sewall Wetland Consulting, Inc.. daled November 2012. 181 Data sheets prepared/submitted by or on behalf of the applicanVconsullant. D Office concurs with dala sheets/delineation report. D Office does not concur with data sheets/delineation report. Explain: __ D Data sheets prepared by the Corps: __ • D Corps navigable wsters' study: __ • 0 U.S. Geological Su,vey Hydrologic Alias: __ . 0 USGS NHD data. 0 USGS 8 and 12 digit HUC maps. D U.S. Geological Su,vey map(s). Cite scale & quad name: __ . D USDA Nalural Resources Conservation Service Soil Survey. Citation: __ • D National weUands Inventory map(s). Cile name: __ • D Stale/Local wetland inventory map(s): __ . 0 FEMNFIRM maps: __ • D 10().year Floodplain Elevation is: __ (National Geodetic Vertical Datum of 1929) 181 Photographs: 181 Aerial (Name & Dale): Google Earih. D Photographs: D Other (Name & Date): __ . . D Previous determlnallon(s). File no., dale (and findings) of response letter (determination and coordination): __ . 181 Other Information (please specify): AlcMap Walers Tracker 2009, King Counly IMAP. 1. The Corps of Englneersbelleves Iha! th.ere may be Jurisdictional waters of Iha United Stales on the subject site, and Iha permit applicant or other affected party who requested this preliminary JD Is hereby advised of his or her option to request and obtain an approved jurlsdictlonal determination (JD] for Iha! site. Nevertheless, the permit applicant or other person who requested this prelimlnary JD has decrrned to exercise the option to obtain an approved JD in this instance and at this time. 2. in any circumstance whene a permit applicant obtains an Individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring 'pre-construction notification' (PCN), or requests verification for a non-reporting NWP or other general perm II, and the penmit applicant has not requested an approved JD for the activity, the pennil applicant Is hereby made aware oflhe following: (1) )he permit applicant has elected lo seek a permit authorization based on a preliminary JD, which does not make an official delennlnation of Jurisdictional waters; (2) that the applicant has the option to request an approved JD before a~pfing the terms and condiUons of the permit authorization, and that basing a permit authorization on an approved JD could possibly resull In less compensator, mitigation being required or dillerent special condiUons; (3) that the applicant has the right lo requesi an Individual permit rather than aocepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditlon.s of that pennlt, Including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in relianoa upon the subject permit authorlzaUon without requesiingan approved JD constitutes the appRcanfs acceptance of the use of the preliminary JD, but t!lat either tom, of JD win be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered Individual permit)' or undertaking any activity in reliance on any form of COl])S permit authorization based on a preliminary JD constitu1es agreement that all wetiands and other water bodies on the site affected In any way by that activity are jurtsdictlonal waters of the Uni led Slates, and precludes any challenge to such Jurtsdlctlon In any administrative or Judicial compliance or enforcement action, or In any administrative appeal or In any Federal oourt; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be prooassed as soon as is'practlcable. Further, an approved JD, a proffered lndiYldual pennit (and all terms and condillons contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R Part 331, and that In any administrative appeal, jurisdictlonal Issues can be raised (see 33 C.F.R 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official delennination whether CWA Jurisdiction exists over a site, or lo provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD lo aocompllsh that result, as soon as is practicable. This preliminary JD finds that thene 'may be' waters of the United Stales on the subject project site, and Identifies all aquatic features on Iha site that could be affected by the proposed actlvily, based on the Information in this document. IMPORTANT NOTE: The Information recorded on this lorn, has not necessarily been verified by the Corns and should nol be relied upon for later jurtsdictlonal determlnalions. Person' Requesting Preliminary JD Dale • Permltapprican~ landowner, a lease, easement or option holder, orlndMdual wi1h identifiable and substantial legal lnleresl In !he property; lh~ siJnature ~ not required for preITmlnary JO. associated wllh enfon:emenl actions. 2 iif.il. ~ us Army Corps of Engineers ® -Disblct CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT e . . Permit Number: ~N~W~S~·=20~1=2~-1=2=8~1 ----------- Name of Permittee: PNW Holdings. LLC. • Justin Lagers Date oflssuance: JAN 1 7 2014 Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the D terms and conditions of this permit. Date work complete: 0 Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced D permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: D Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Printed Name: ------------- Signature: ------------ Date: ------------- • City of Renton P\annin\J Division Sewall Wetland Consulting, Inc. 27641 Covington Way SE #2 Phare: 253-,859--0515 Covington WA 'ID42 Fax: ~2-4732 PNW HOLDINGS LLC -FIELD BROOK COMMONS 1.0 INTRODUCTION CITY OF RENTON MITIGATION PLAN 9-23-2013 NWS-2012-1281 This report describes the proposed wetland mitigation for the Fieldbrook Commons PUD project, located on the east side of Benson Road South, and north of Cedar Avenue South (SE 172nd Street) in the City of Renton, Washington (the "site"). 2.0 PROPOSED PROJECT & MITIGATION SEQUENCING The purpose of the proposed project is to construct a multi-family apartment complex as the property has been zoned for, as well as planned for in the City of Renton Comprehensive plan. The need for apartment units within Renton is high and this project has been proposed to meet that need. The proposed project is the construction ofa 161 PUD project with associated infrastructure. The location of Wetlands D, E and F result in most of the developable property on the site being encumbered by wetland or buffer. Since these wetlands, particularly Wetlands E and Fare of low value, and Wetland Dis small in size but because of its linear shape impacts the sites usable space so greatly, we are proposing filling these three wetlands. As a result, it is our intention to fill these wetlands and provide adequate mitigation for their lost functions by creating wetland on the eastern side of the site in and around Wetlands A, Band C. Impacts to wetlands must be justified through a mitigation sequence as detailed in City of Renton Code. Ideally we would be able to use the King County fee mitigation banking process as is preferred by the Corps and WADOE. We are in agreement that using the fee-in-lieu mitigation option would be ideal and the easiest/fastest way to mitigate the proposed impacts. However, the City of Renton has refused to let us use this as a mitigation option as it moves the mitigation area outside the City limits and in their opinion is a net loss of critical areas to the City. It appears the City looks at the mitigation, and trail through the buffer as part of the "public benefit" aspect of this project. The construction of the mitigation onsite, as well as the placement of a trail through the buffer are being required by the City to allow us to construct this Fieldbrook Mitigation Planl#I /-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 2 project. It is our opinion that the trail does increase the amount of human intrusion into the wetland, and would be best left off the plan. However, the City of Renton will not accept this and are forcing us to bring a trail through the buffer regardless of the logic. The next best option is on-site replacement of the wetland area and functions as proposed in our mitigation plan. The attached mitigation plan has been prepared with the recommended documents elements as requested by Suzanne Anderson of the US Army Corps of Engineers in previous comments. This plan is prepared in the exact same manner and with the same information as numerous mitigation plans we have submitted and had approved by the Corps for various Nationwide as well as Individual Permits. As requested the monitoring has been modified to include I Oyears of monitoring. (c) Per the Federal Mitiption Rule, you must provide additional information to document chat a waterahed approecli to ~IOI)' mitigation was used for the mitigation plan [33 CPR 332.3(c)). A link to w,1/and Mitigation Situ mtng a Watush,d Approach, Ecology Pubm:ation #09-06-032 is available from our webpege at www.nws.usace.lffll)'.mil, ae1«:t "Regulatol)' Bl'IIICh, Permit Information", then -Mitiption Resources", then "Mitigation Tools". We 1ffillDJl'end chat you demonstrate chat the chOllelt mitigation site ll&liltics criteria in Charts 2 and 3 of the site lelection guidance (i.e., identified u a site with potential and chat is lllllainable); and chat it satisfies criteria in Charts 4 through 11 for the appropriate flmctions. Using Chart 2 from the Watershed approach which is an analysis utilized to pick a mitigation site is not really applicable, as the City of Renton is requiring we conduct the mitigation on the site where the impact is occurring. In addition, there is no other available mitigation sites within this drainage basin that is owned by either the City or the client for use as a mitigation receiving site. Therefore, mitigating on-site is the only feasible alternative given these constraints. In regards to Chart 3; Question 3A: Identify the watershed processes that have been altered within the hydro/ogic unit where the mitigation site is located. Human activities can change watershed processes by changing water flows; introducing nutrients, pollutants, non-native species, and sediment; and by fragmenting habitats. Changes in these processes often create problems that can be improved through mitigation activities. To begin you need to identify the major landscape-scale problems (i.e., alterations to processes, not structure) that exist in the hydrologic unit where your site is found This will help you identify which restoration or enhancement actions will be the most effective in that hydrologic unit. Check the appropriate column in the following table to identify problems that might exist. The last column notes if the altered process has already been identified in an existing watershed plan as a problem that needs to be addressed. Fieldbrook Mitigation Plan!#l l-12 I Sewall Wetland Consulting, Inc. September 23, 2013 Page 3 The current flooding events within the Soos Creek drainage are generally not increasing due to the current use of modem storm water facilities within the basin. However, there still is some increase as there is more water getting to the basin faster in storm events. There is less eutrophication in rivers and streams in the basin primarily from removals of livestock and old septic systems. Water quality has been reduced in the basin to a degree. Some stream and bank erosion does occur within the basin. Habitat has become more fragmented as the area's population grows and more development occurs. Question 3B: Will the mitigation result in a wetland of the appropriate hydrogeomorphic (HGM) class for the landscape setting? Wetland mitigation sites are sustainable only if the type of wetland being proposed is appropriate for its position in the landscape. The HGM classification of wetlands is based on characteristics of water movement and position in a landscape. Therefore, it can be used to identify appropriate wetland types for different locations in a hydrologic unit. Yes, we will be mitigating for depressional wetlands with a depressional wetland mitigation area. Question 3C: Will the primary source of water to the mitigation site be appropriate for the HGMclass? Groundwater and direct precipitation will be the source of hydrology for the wetland mitigation site as was the source for the impacted wetlands. Hydrologic monitoring of the mitigation site has shown that surficial groundwater elevations in the mitigation area will sufficiently hydrate the creation area with soils saturated to the surface and some standing water in the growing season. Question 3D: Will the site have an adequate supply of water to maintain a wetland without engineering the delivery of water that would require long term control or maintenance? The surficial groundwater monitoring and proposed grades should create a wetland area that will require no additional or artificial source of water to maintain its viability. It is thought that Wetland A which is located within the area of an old mine is discharging water from historic mining and as such there is an abundant supply of water in this area. Question 3E: Will the mitigation activities maintain hydric soils, if they exist, at the site? Fie/dbrook Mitigation Plan/#11-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 4 Removing hydric soils can decrease the potential for success of wetland restoration. Hydric soils often contain a seedbank of wetland plants that supplement any planting you may propose. Hydric soils from the filled wetlands will be mixed with topsoil and utilized in the newly created wetland maintaining viable seedbanks. Question 3F: Can the mitigation be designed to control aggressive plant species? There is currently not a predominance of aggressive invasive or weedy species in the area of the proposed mitigation or the two wetlands that will be connected together with the creation. Standard invasive species control will be utilized in the mitigation area which has proven successful in other mitigation sites. Regarding the appropriate Charts 4-11; Ch;irt 3: Goal-ImprO\-ing Hrdrology Functions in Depn"s5ional Sy5fecms Ouhide ofTioodplains _ .......... , ,. ... !;:)'<··.· .. · -.. ~· ~' ......... ~,....... Ml¥ NPGIIINI Ill~ ~~wr,- lltUll..,..h,wCOllffHIU ill lhll~KNwiHIN -(IOtollellt ........ J •itflklmll) ... litlfllloffl'II ----0.flot ....... ~ tbM: anct....i ll'nlf. lF to ftPl .,etton) Fieldbrook Mitigation Plan!# l l-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 5 ( hart 7: Goal-Impro,ing Water Quality ('YQ) Funrtiom in Uepres.sional :-i,y._tems Ouhide of floodplains C.1111 ................ .......... 15¢" .. c.-........_ .. ._ -·-.. ... .. Chart 10: Go;il-Improi"iug Species Rirlums of Wildlif1> ~.' ~j ,,, ', • • . c:a, ......... llllllf.t ......... _ .. _ .. _ .. • (all--.N-.....1' Tw MChlll..:.:.......... .. 9 t" .. •::.::::; ... .. __ =$"'"' .. ~ ....... .. .. .. ~==--ll1• fH ; I lfflllle. Pw_...ie,~Llft ...... .... ~·-----· "" . Fieldbrook Mitigation Planl#J l-121 Sewall Wetland Consulting, Inc. Chart 11: G-Oal -I.mpro,iug Specie5 Richness of Pi.Int~ ~, .•. @ .... ... rt'r_,--..-_-. • ....., =:."t.-:W..:'i. .. ... .. ;· _ _.,, ~·-··· This sequencing requires addressing the following criteria; a. Avoid any disturbances to the wetland or buffer; September 23, 2013 Page 6 ~~~an~li1_..- Ml'ki!"'11111i.w.11""'""_""_._Ha; 0,, ~RIIIIINIMrillt: .... ~ ... ,., llt .... v-,1,.... ........ ~ .... ...n.,._,..., e......, .......... ,w111 ..... . ...... _...,...., el-.S. .... .......r y,ean·~ ............ ...._..,..,.. ........ o-.---,.i11e .. ~ i,-..st....1111 N--.11 ... r.... ,aal'llir1: -1ya.a.....,,1~'11'11f-_,,. • .ah ... ~IIIN!ft. ____ 'I......,> The site contains three small wetlands which the developer proposes to fill and mitigate for through the creation of a new wetland area and enhanced buffer areas for the existing and remaining wetlands A, B & C in the eastern third of the site. Wetland F located on the western side of the site is Category Ill wetland measuring I 595sf. Due to the requirement to provide a secondary fire access directly out to 108 1h Ave S.E. the developer is unable to avoid direct impact to this wetland. Wetland E, located in the center of the site and adjacent to S.E. 172 00 St. measures 68sf and is rated as a Category IV wetland. Due to the requirement to dedicate and construct the other half of the S.E. 172nd St. ROW the developer is unable to avoid direct impacts to this wetland. Wetland D is located generally in the center of the project and is rated as a Category Ill wetland measuring 7671 sf. b. Minimize any wetland or buffer impacts; The developer previously attempted to plan roadways and improvements around Wetland D, however the location and shape of the wetland impacted the vehicular circulation and Fie/dbrook Mitigation Plan/# 11-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 7 building locations to such an extent that the project would not be financially feasible to construct. c. Restore any wetlands or buffer impacted or lost temporarily; and Restoration of Wetland D in this location would not be feasible due to the location of the impacts and configuartion of the parcel and remaining wetland. d. Compensate for any permanent wetland or buffer impacts by one of the following methods: i. Restoring a former wetland and provide buffers at a site once exhibiting wetland characteristics to compensate for wetlands lost; This is not applicable to this site as no historic wetlands are located on the property. ii. Creating new wetlands and buffers for those lost; and A total of9,334sfofwetland will be filled. US Army Corps of Engineers Required Mitigation Using the recommended ratios from Table la, of the WADOE Publication Wetland Mitigation in Washington State Part 1, (WADOE March 2006 Pub. #06-06-01 la) Table 1 Wetland Size Category Vegetation Ratio Required Type Wetland Creation D 7671sf III Forested 2:1 l5342sf E 68sf IV scrub-shrub 1.5:1 102sf F 1595sf III scrub-shrub 2:1 3 l 90sf Total 9,334sf 18,634sf As described above, based upon the required USA COE and W ADOE ratio, a total of 18,634sf of wetland is required to be created. Fieldbrook Mitigation Plan/# 11-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page8 The proposed mitigation will create 25,430sf of wetland, which exceeds the required USA COE ratios by 6, 796sf. The extra wetland being created over the WA DOE recommended ratios is a result of the City of Renton having a higher mitigation ratio requirement than the Corps. As seen in Table 2 below, using the three main functions from the WADOE Rating System recognized by the Corps, a substantial functional lift will be attained from the connection of Wetlands A and C with 25,430sf of additional wetland over the existing functions of the proposed fill wetlands. T bl 2 F a e unctmna IC ompar1son o f' I d impact wet an s an d flrQDOSe d 'f f ml I a IOU Wetland Area Flood Species Water Hydrologic Habitat Storage Richness Qual. Function Function capacity Function WetlandD 767lsf 3800cu{l 5 svecies 12pts 8ots 13ots Wetland E 68sf 34cu(t 2 species llpts 4pts I Opts WetlandF 1595sf 500cu(t 5 species 20pts 8pts llpts Proposed 25430sf 7600cuft 15 species 24pts 20pts 21 pts Functional +16096sf +3266cuft +8species* +9pts +12pts avg +9pts I Lift av2 av2 *only 7 different species were found (excluding exotlc/mvasives) m Wetlands D, E &F The newly created wetland will connect to existing Category III wetlands (Wetlands A and C) and provide enough lift that this wetland will now be considered a Category II wetland under the W ADOE rating system. This is a substantial lift in function, surface water storage and species richness over the fill of Wetlands D, E & F, which are generally low value Category III and IV wetlands. Hydrologic monitoring o(mitigation site and general construction overview Category III IV III II +1 Cate2orv To compensate for the impact to 9,334sf of Category Ill & IV wetland, we will create 25,430sf of wetland between Wetlands A and C. This results in an overall wetland mitigation ratio of2.72:1 (createdwetland:impactedwetland). This mitigation will create Category II wetland for a combination of Category III and IV wetland impacts. As depicted on the attached Final Mitigation Plan, 25,430sf of area will be excavated out to a similar depth to the existing wetland in two areas to intercept the surficial groundwater table and create conditions favorable to create wetland hydrology. A series of 6 monitoring pits/wells were located within the proposed wetland mitigation area. These were monitored with weekly site visits from April of2012-August 2012 as well as March and early April of 2013. At each of these points soil saturation and water table levels were measured to determine what surficial groundwater elevations are, to facilitate designing grades for the new wetland creation area. What we found was that within the proposed creation area, groundwater levels in the early growing season area Fieldbrook Mitigation Plan/H / I-/ 21 Sewall Wetland Consulting, Inc. September 2 3, 2013 Page 9 between 14" -30" below the existing surface (see table below). It is assumed in the very early growing season (February and March) the groundwater elevations are shallower than the measurements we took, meaning the groundwater elevations are closer to the soil surface. As shown on the attached Final Mitigation Plan Sheets Wl-W3, we utilized these existing groundwater contours to create the new grades for our mitigation site. As can be seen by the grades and associated cross-sections, the grades will remove soil down to the existing groundwater elevations to create wetland areas with soils saturated to the surface for the early growing seasons, to also include flat areas that will hold some shallow I "-3" of surface water to provide a variety of wetland hydrologic regimes from saturated, to seasonally flooded. The fact that the excavation is being brought to the higher levels of groundwater within the growing season, and will not cut into the surficial groundwater table, should alleviate the concern of intercepting and draining off this water. All we are doing is removing the surface soil above the existing sloping groundwater table to make those saturated soils closer to the surface. Soil disturbance of the groundwater retaining portion of the soil column will not occur. Although creation of a slope type wetland is not the most conventional or common mitigation method, it is a feasible method of wetland creation when conditions warrant its use. Our company has been involved in two larger wetland creations using this type of concept, most recently a 3 acre wetland creation with over 10' of vertical drop across the landscape in sloping of the creation area (see Snohomish County Parks Centennial Trail II mitigation plan reviewed and approved by Jonathan Smith of the Corps). By using the same method of removing soil down to the level of the highest groundwater elevations as is proposed in the Fieldbrook project, we successfully created a 3 acre sloping wetland in the previously described project. Table 3. Groundwater elevations below surface o 'hvdrolo, v monitoring points 2012 Monitor DATE point& elev. 4/13 4/27 5/1 I 5/24 617 6/28 7/12 A417.5' -15 -14 -15 -20 -26 dry dry 8418' -17 -16 -16 -22 -27 dry dry C417' -20 -18 -17 -20 -25 drv drv D416.5' -14 -14 -14 -16 -20 dry dry E418.5' -27 -26 -24 -30 -36 dry dry F418' -21 -22 -20 -28 -36 dry dry Note: All elevations indicate the elevation of the saturated capillary fringe of soil saturation observed in hydrology monitoring points. 8/12 dry dry drv dry dry dry Table 4. Groundwater elevations below surface o Monitor DATE point& elev. 3/15 3/29 4/9 A417.5' -12 -10 -15 8418' -15 -15 -14 C417' -17 -16 -18 D416.5' -IO -11 -13 £418.5' -23 -20 -23 F418' -18 -19 -20 Fieldbrook Mitigation Plan!#/ 1-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 10 r hvdro/o, v monitorin2 points 2013 Note: All elevations indicate the elevation of the saturated capillary fringe of soil saturation observed in hydrology monitoring points. ..... '/" ...... . . . : . : . : . : . : "/ .. :1:.:. :-: . : . . : : : : :-:<-:-:(·>>>>."" .. : . : . : . : . : . :~:~:.:.: ;'~.:.:.: ,: . : . . ..... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. . . . . .. . . . . . . . - Fieldbrook Mitigation Plan!# I I-I 21 Sewall Wetland Consulting. Inc. E.mting sur{au 41aAc'---~~~---'w'i---~~',,_·~~~~----;1---~~---',c illl'-->---::::::::::::::::::::::::::::::::~=:::;::P,;:.,,...,;:~~;:, ~v:=:::::::::::::::::::::::::::::::::::::~::::~:::::::::::::::::::::::::::~I 41 41 41 41 41 41 41 411 8A 7 ~ 1 ~ . w - / P, -- \ ....... ....... f '\ .... I ....... .... '\ '\ '\ .... '\ September 23, 2013 Page // D ~ A small berm will be placed between the wetland creation area and Wetland B. This will prevent (in the unlikely case of surface water overtopping the edge of the wetland) the wetland creation area between Wetlands A and C from draining into Wetland B. Hydrologic monitoring will be conducted using peizometers in the proposed mitigation area through the winter and spring to verify groundwater elevations. This area will then be graded back at a slope no steeper than 3:1 (horizontal :vertical). The area will then be planted with a mix of native trees, shrubs and herbaceous species and will also include several habitat features (logs and snags) to increase its habitat function. As depicted on the attached Fieldbrook Commons Mitigation & Grading Plan (dated 9- 23-13), a split rail fence will be placed at the edge of the wetland buffer. There are no living spaces or recreational space next to the wetland or its buffer limiting use of this area. However, the City of Renton is requiring that the applicant provide a trail through the wetland buffer as depicted on the plan. We have moved this trail to the north, splitting the bzif.fer area between the wetland creation area and Wetland B to the north to maximize distance of the trail from the wetland as best possible. Signage and a split rail fence along the trail indicates the character of the critical area and will discourage intrusion into the wetland or buffer. All lighting will be located outside the wetland and buffer. All lighting in the developed portion of the site will be directed away from the wetland and its associated buffer. Fieldbrook Mitigation Plan!# 11-121 Sewall Wetland Consulting, inc. September 23, 2013 Page 12 The goal will be to create at least 25,430sf of area meeting all three wetland criteria (hydric soils, hydrophytic vegetation, and wetland hydrology) as specified in the Washington Stale Wetlands Identification Manual (W ADOE, March 1997) and the Western Mountains, Valleys and Coast region Supplement (Version 2.0) dated June 24, 20 I 0. All disturbed buffer areas will be restored with a dense planting of native trees and shrubs. The resulting wetland creation area will be monitored for IO years. The creation area will be delineated at Years 5 and IO to determine if25,430sf of area meeting wetland criteria has been created, If there is not at least 25,430sf of wetland created, the shortage will be made up with either; I. Fixing any small grading or hydrology issue which may be impacting the overall size of the creation area, or; 2. Purchase of mitigation credits from the King County Fee program or other similar program at that time. Site Protection Instrument The entire mitigation site as well as the buffer and undisturbed wetlands will be placed within a Native Growth Protection Easement (NGPE) and recorded on title prior to occupancy of the project. Long Term Maintenance The mitigation area will be monitored and maintained over the IO year monitoring period. This will include trash removal, weed and invasive species removal, repair of fencing and signage. After the required 10 years maintenance and monitoring period, the facility operating manual will include a description of the NGPE are and what type of maintenance can and should occur within this area. Management of the facility will be responsible for this work following the IO year monitoring and maintenance period. PROPOSED MITIGATION 1.0 MITIGATION PROJECT OVERVIEW Fieldbrook Mitigation Pfan/#//-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 13 To compensate for the fill of a 9,334sf Category III & IV wetlands, it is proposed to create 25,430sf of wetland between Wetlands A and C. Wetlands to be filled include Wetland D (7,67lsfCategory III wetland), Wetland E (68sfCategory IV wetland) & Wetland F (I ,595sf category III wetland). 2.0 MITIGATION GOALS 2.1 Mitigation Goals The mitigation proposal is to connect Wetlands A and C with an area of25,430sfof wetland. The wetland creation areas will be densely planted with native vegetation. The use of diverse native plantings are expected to significantly improve the overall function of the wetland and buffer as it will remove dense thickets of exotic blackberry as well as add emergent and shrub plant communities into what is now, a single class forested wetland. 2.2 Mitigation Goals 2.2.1 Create 25,430sf of emergent, scrub shrub and forested wetland. 3.0 CONSTRUCTION SEQUENCE The construction sequence of this project will be implemented as follows: 3.1 Pre-construction meeting 3 .2 Construction staking 3.3 Construction fencing and erosion control 3.4 Clearing and grading 3.5 Stabilization of mitigation area 3 .6 Plant material installation 3. 7 Construction inspection 3 .8 Agency approval 3.9 IO year Monitoring inspection and reporting 3 .10 Silt fence removal 3.11 Project completion 3.1 Pre-construction Meeting A pre-construction meeting will be held on-site prior to commencement of construction, to include the biologist, the City, and the contractor. The approved plans and specifications will be reviewed to ensure that all parties involved understand the intent of the construction documents, specifications, site environmental constraints, sequences, and inspection requirements. 3. 2 Construction Staking Fieldbrook Mitigation Planl#J J-121 Sewall Wetland Consulting, Inc. September 23, 2013 Page 14 The limits of clearing and grading near the critical areas will be marked in the field by a licensed professional land surveyor prior to commencement of construction activities, 3.3 Construction Fencing & Erosion Control All erosion control measures adjacent to the critical areas, including silt fencing and orange construction fencing, will be installed. Erosion control fencing will remain around the mitigation area until clearing, grading and mulch placement are complete in upland areas outside the critical areas, 3.4 Clearing & Grading Clearing and grading in and near the existing sensitive area will be per the approved Final Mitigation Plans. 3.5 Stabilization of Mitigation Area All graded areas in the wetland or buffer will be stabilized with mulch upon completion of grading. Orange construction fencing and erosion control fences will be restored (if necessary) and placed around the critical areas. 3. 6 Plant Material Installation All plant material will be planted by hand per detail and Construction and Planting Notes. The Mitigation Plan specifies the required size, species, quantity, and location of plant materials to be installed. The contractor will mulch areas disturbed during the planting process. Upon completion of the planting, the erosion control fencing will be restored and repaired. Plant substitutions or modifications to locations shall be approved in writing by the Owner's biologist prior to installation. 3. 7 Construction Inspection Upon completion of installation, the biologist will conduct an inspection to confirm proper implementation of the Mitigation Plan. Any corrections, substitutions or missing items will be identified in a "punch list" for the landscape contractor. Items of particular importance will be soils in pits, pit size, plant species, plant size, mulch around pits, and tree staking. Upon completion of planting, if installation or materials vary significantly from the Mitigation Plan, the contractor will submit a reproducible "as-built" drawing to the Owner. The As-built and installation sign-off report will be submitted to the Corps at that time. 3.8 Agency Approval Following acceptance of the installation by the City, the City biologist should prepare a letter granting approval of the installation. 3.9 Monitoring Fie/dbrook Mitigation Plan!#! !-12 / Sewall Wetland Consulting, Inc. September 23, 2013 Page 15 The site will be monitored for 10 years to insure the success of the mitigation project. If additional years of monitoring are required by the Corps, the plan will be revised to reflect this change. 3.10 Silt Fence Removal Erosion control fencing adjacent to the mitigation area will remain in place for at least one year, and/or until all areas adjacent to the mitigation area have been stabilized. The City's Biologist may recommend that the fencing remain in place for a longer duration. 4.0 CONSTRUCTION AND PLANTING NOTES 4. 1 Site Preparation & Grading 4. I. I The Landscape Contractor will approve existing conditions of subgrade prior to initiation of any mitigation installation work. The Landscape Contractor will inform the Owner of any discrepancies between the approved construction document and existing conditions. 4.1.2 The General Contractor will flag the limits of clearing with orange construction fencing and will observe these limits during construction. No natural features or vegetation will be disturbed beyond the designated "limits of clearing". 4.1.3 The Landscape Contractor will hand grub all non-native invasive plant species including the removal of root crowns. These species may include, but are not limited to Himalayan blackberry, evergreen blackberry, English ivy, and English holly. Weed debris will be disposed of off-site. 4.1.4 The wetland area will be excavated to the depths shown on the Final Mitigation Grading Plan and brought to final grade with 8" of topsoil. The biologist will be on-site to confirm the grading is acceptable for planting. 4.2 Plant Materials 4.2.1 All plant materials will be as specified in the plant schedule. Only vigorous plants free of defects, diseases and infestation are acceptable for installation. 4.2.2 All plant materials will conform to the standards and size requirements of ANSI Z60.l "American Standard for Nursery Stock". All plant materials will be native to the northwest, and preferably the Puget Sound Region. Plant materials will be propagated from native stock; no cultivars or horticultural varieties will be allowed. All plant materials will be grown from nursery stock unless otherwise approved. Fieldbrook Mitigation Plan!#l l-12 I Sewall Wetland Consulting, Inc. September 23, 2013 Page 16 4.2.3 No balled and burlapped, or bare root plantings will be used. Only container stock to be used. 4.2.4 All plant materials stored on-site longer than two (2) weeks will be organized in rows and maintained by the contractor at no additional cost to the owner. Plant materials temporarily stored will be subject to inspection and approval prior to installation. 4.2.5 Substitution requests must be submitted in writing to the Owner and approved by the Owner's biologist in writing prior to delivery to site. 4.2.6 All plant materials will be dug, packed, transported and handled with care to ensure protection from injury. All plant materials to be stored on site more than 24 hours will be heeled into topsoil or sawdust. Precautionary measures shall be taken to ensure plant materials do not dry out before planting. Wetland plants will be shaded and saturated until time of installation. Immediately after installation the mitigation planting area will be saturated to avoid capillary stress. 4.2.7 The contractor will verify all plant materials, the quantities shown on the planting plan, and the plant schedule. The quantity of plant materials shown on the plan takes precedent over the quantity on the plant list. 4.3 Plant Installation 4.3 .I All plant materials must be inspected prior to installation to verify conformance of the materials with the plant schedule including size, quality and quantity. Any plant or habitat materials deemed unsatisfactory will be rejected. 4.3.2 All plant materials delivered and accepted should be planted immediately as depicted on the mitigation plan. Plant materials not planted within 24 hours will be heeled-in. Plant materials stored under temporary conditions will be the sole responsibility of the contractor. Plants will be protected at all times to prevent the root ball from drying out before, during, or after planting. 4.3.3 All planting pits will be circular with vertical sides, and will be sized per detail on the mitigation plan and filled with pit soils approved by the Owner's biologist. Planting pits shall not be deeper than the root ball. If native soils are determined to be unacceptable by the Owner's biologist, pit soils will be amended with Cedar Grove mulch or equivalent. 4.3.4 No fertilizers will be used within the wetland. In buffer areas only, install "Agriform", or equal plant fertilizer to all planting pits as specified by manufacturer. Fertilizers are allowed only below grade in the planting pits in the buffer areas. No sewage sludge fertilizer ("SteerCo" or "Growco") is allowed in the mitigation area. Fieldbrook Mitigation Plan!#/ 1-121 Sewall Wetland Consulting, Inc. September 23, 20/3 Pa[?e 17 4.3.5 All containerized plant materials will be removed from their containers carefully to prevent damage to the plant and its roots. Plants removed from their containers will be planted immediately. 4.3.6 All plant materials will be placed as shown on the approved mitigation plan. If the final installation varies from the approved mitigation plan, the contractor will provide a reproducible mylar as-built of the installed conditions. All plant material will be flagged by the contractor. 4.4 Planting Schedule and Warranty 4.4.l A fall-winter installation schedule (October 1st -March 15th) is preferred for lower mortality rates of new plantings. If plant installation occurs during the spring or summer (March 15th -Oct. 1st) a temporary irrigation system will be required, unless the area can be sufficiently hand-watered. 4.4.2 All disturbed areas will be protected with an arborists mulch to a minimum depth of six inches. 4.4.3 The installer will warrant all plant materials to remain healthy and alive for a period of one year after final acceptance. The installer will replace all dead or unhealthy plant materials per the approved plans and specifications. 4.5 Site Conditions 4.5.1 The installer will coordinate with the Owner and the Owner's biologist for construction scheduling. 4.5.2 Landscape installation will begin after the City acceptance of grading and construction. The Owner will notify the Owner's biologist of acceptance of final grading. 4.5.3 Silt fences will be installed as shown on the approved mitigation grading plans. The installer is responsible for repair and replacement of silt fences disturbed during plant installation. No equipment or soils will be stored inside the silt fences. 4.5.4 After clearing and grading is complete in the mitigation area, exposed soils will be seeded or mulched. Orange construction fence will be placed around the mitigation area to prohibit equipment and personnel in the mitigation area. 4.5.5 Final grading will be based upon soil conditions found during excavation of the mitigation area. Fieldbrook Mitigation Plan!# 11-121 Sewall Wetland Consulting. Inc. September 23, 2013 Page 18 4.5.6 All plant material will be planted with suitable soils per planting details. Soils from planting holes will be spread and smoothed across the mitigation area. 5.0 MAINTENANCE PROGRAM This maintenance program outlines the program, procedures and goals for mitigation of the stream and buffer impacts at the mitigation site. This maintenance program will be the responsibility of the project owner through the duration of its ownership of the mitigation area, or throughout the duration of the monitoring period, whichever is longer. The maintenance contractor will complete the work as outlined below. 5.1 Maintenance Work Scope 5.1.1 To accomplish the mitigation goals, normal landscaping methods must be modified to include: a.No mowing or trimming of ground cover or vegetation in the mitigation area. b. No placement of fertilizers in the mitigation area. c. No placement of bark mulch or equivalent in the mitigation area, except as noted in the planting details. d. No placement of grass clippings, landscape debris, fill or ornamental plant materials in the mitigation area. 5.1.2 Work to be included in each site visit: a. Remove all litter including paper, plastic, bottles, construction debris, yard debris, etc. b. Remove all non-native and invasive species identified in Table 3-1 of Sheet W-3 of the Final Mitigation Plan within the mitigation area. All debris is to be removed from site and disposed in an approved landfill. c. Repair silt and/or permanent fencing and signage as needed. 5.1.3 Work to be completed on an annual basis includes: a. Areas containing non-native/invasive species identified in Table 3-1 of Sheet W-3 of the Final Mitigation Plan should be controlled by hand cutting and removing the root crowns for species such as Himalayan blackberry. Following hand removal, treating re-sprouting invasive/non-native species with a glyphosphate herbicide such as Roundup or Rodeo by a licensed applicator can be utilized. b. Replace dead or failed plant materials. Replacement plantings are to be of same species, size and location as original plantings. Plantings are to be installed during the dormant period. 5.2 Maintenance Schedule Fieldbrook ,\litigation Plani#/ J-121 Sewall Wetland Consulting, Inc. September 2 3, 2013 Page 19 The Owner will conduct all items listed in the Maintenance Work Scope on an annual basis. Additional work may be required per the Monitoring Report and as approved by the Corps. Additional work may include removal of the grasses around each shrub and tree, installation of wood chips at each shrub and tree base and erosion control protection. 5.3 Watering Requirements 5.3. l Watering with a temporary irrigation system will be required during the first spring and summer after the installation. The temporary irrigation system may be removed after the first year providing the plantings are established and acclimated to on- site conditions. 5.4 Close-out of Ten-Year Monitoring Program Upon completion of the monitoring program and acceptance of the wetland mitigation by the Corps, the maintenance of the project will be reduced to include removal oflitter and debris, repair of perimeter fencing and signage, removal of noxious weeds and undesirable vegetation, and repair of vandalized areas. 6.0 WETLAND AND BUFFER 10 YEAR MONITORING PROGRAM 6.1 Sampling Methodology The created wetlands and their associated buffers will be monitored once per year over a ten-year period, starting with the first year after the plants have been installed, and as required by the Corps. Monitoring will be conducted using the techniques and procedures described below to quantify the survival and relative health and growth of plant material. A monitoring report submitted following each monitoring visit will describe and quantify the status of the mitigation at that time. Vegetation monitoring will be conducted in August or September during monitoring years. Year I monitoring will occur at least one calendar year after installation sign-off. 6.],] Hydrology Wetland hydrology will be monitored using seven (7) combination staff/crest gauges. These will be located within the restoration area to be placed at the time of the installation sign-off by the biologist. Surface water level or ground water saturation depths will be measured at these stations to determine if wetland hydrology has been successfully attained. As is noted in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987) and the Western Mountains, Valleys and Coast region Supplement (Version 2.0) dated June 24, 2010, wetland hydrology is defined as inundation or soil saturation (usually within 12" of the surface) during the growing season. The growing season for this area is generally defined as the period between the middle of March and the middle of November. However, plant growth often Fieldbrook Mitigation Plan/# I I-12 / Sewall Wetland Consulting, Inc. September 23, 2013 Page 20 occurs earlier in the year and sound professional judgment will be needed to determine when the growing season is taking place at the site. Hydrology will be monitored twice a month from March I st through May 30th of each year. Wetland hydrology will be considered successfully created if wetland hydrology is observed inundating or saturating the soil within 12 inches of the surface during the growing season 6.1.2 Vegetation The vegetation monitoring consists of inspection of the planted material in late summer or early fall (August-September) to determine the health and vigor of the installation, as well as coverage estimates. All the planted material in the wetland and buffer will be inspected during each monitoring visit to determine the level of survival of the installation. All plants will be inspected and recorded as to whether they area alive or dead based upon the "as-built" in Years I & 2. In Years 3-5, coverage estimates will be used to determine success of the vegetation component. A total of 19 permanent 3.0m rectangular monitoring plots will be located within the mitigation area as depicted on Sheet W-3 to monitor shrub and tree species coverages. Within each of these 3.0m plots, the emergent plant community coverage of vegetation will be measured with 0.25m rectangular plots. Estimates of coverage percentages will be made within these plots. Photographs of the mitigation area will be taken from 6 photo points to be located during the installation sign off as well as at each permanent monitoring plot. Photographs will be taken at each of the monitoring and included with the monitoring report for each year from these points. During years I & 2 of the monitoring, replacement plants as well as dead plants will be flagged with distinctive flagging to distinguish what plants these are. , " Fieldbrook Mitigation Plan!# 11-121 Sewall Wetland Consulting, inc. September 23, 2013 Page 21 6.2 STANDARDS OF SUCCESS PERFORMANCE STANDARDS ITIM YIM$ TO II MONm:>UD __,IT ...... WETLAND HYDfiOlOGY YEAllS 1 ANO ;z SOILS WITHIN Ot£ATED WEllAND AREAS 5HAU. Bf SATURATED TO THC SUll;FAC£, ttAVE SHAU.OW l(REATED Will.ANO AND GROUNDWATDt PRESENT WITHIN 11 INCHES Of THE SOIL SUAJ4CE, ~ HAVt: SURFAC£ PCt.lDING W£TLANO A/WtT\A.ND CJ PRESENT FOR AT LEAST FOUR j4) CONSECUTIVE WIEKS OUMtG THE GROWING 5USON WHEN M.INFM.1. IS L1SS THAN OR EQUAL TO THE MEAN FOR TltE N:RIOD Of AVAILAIU RECORD. WETlANO D!UNtAl10N VEAAS S ANO 10 PERFORM DELINEATION OF wtTLANO A. WETlANO C, AND WETLAND OlEATION AMA TO OfTE~INE IF WHETHER WETI.AAD AAND W[lUI.IOC AA£ AFF£CT£0 av THE WlTlAND CREATION. PERFORMAHCI: STANDAROl$S.liTISFIED If: THERE 1$NOCHANGE TO WfllANDllMfTS. NATIVE VEGETATION vtARS 1, 2, !, 4, S, 1 AND 10 TREE AND SHRUB SPEOH jCR£ATEO WETlAHO/ (TO octv.l IN AUGUST Oft . iobi SUIMVAL IYINSTAUED 1'1.ANTSTOCIC AFTER TM: FIRST GROWING SEMON. ENHANCED WfTlAND SUFFEJlj SEPTeMRR 1£GINNING ON£ • 80% SURVIVAL SYINSTAUED PtANT srocx AFTER THE SECOND GROWING SEASON . 'tfM FOU.OWIHG INITIAL . INHAM(:ED IUFFER PLANTING AMM: MIMMUM PERCUIT COVEil iV TREES AND SHIWBS.: l'EAll J: NANT INSTALLATION,) 10%;VEARS:4W: 't'EAR 7; 65";Yl.U 10: 80%. UPT020%0fTHE NATIVE WOOOYJI\ANTSPECIES COVfRAGE MAY Bf COMPRISED OF OESIMBI.E NATM COl.ONIZING SPf:Cl(S.. . OIEATEOWiTI.AND NANTI,-ML\S; MINIMUM PE~NT COVER BY TR(E$ AND SHRUBS: YUR J; ~; VEAR 5: '°"-: Yf.U 7: lfflEi; VEAR 10: 30%. UP TO 2°" OF THE NATIVE WOODY PlANT SPEOES COVEMGE MAY Bl COMPAISED Of. OEStA.AllE NATIVE COlONIZING SPEOES. • AFTElt: THE FlffH CiflOWltilG SEASON, A MINIMUM Of fOUfl DIH'ERENT !'LANT SPECIES Will COMPRISE GREATElt 1liAl'4 1-mE. COVERAGE. EMERGENT Sl'ECIES . 2SiAVfll.A.Gf CO'w'EAAGE IY INSTMUD PLANT STOO:: AfWI TH( FIRST GROWWG SEA.$0H . . '°" AVERAGE COVERAG£ IY INSTAUED PLANT STOC1t.AHEII THE THIRD GltOWlNG SEASON, . !IOK AVEAAGE COVERAGE IV NATIVE EMERGENT Pl.Alff SPE:OES AFTER THI TOTH GflOWING seASON . . AFTifl THl ftfrH GftOWtNG SiASON, A MINIMUM OF THRlE D1FflRl1'4T Pl.ANT SPECIES WILL COMPRISE GWTeR THAN lOtl:i COW:11.AGE. NATIVE VECi£TATION YfARS 1, 2. J, c, ands . l!XM SUJI.VIVAl BY INSTAUl:D PLANT STOCK AfTEJI. TH£ FIRST GROWING SEASON . (ltESTORfD Wlll.ANO IUFFEII:) . '°" 51.tRVIVAL IY !NSTAllEO PLANT STOO: AFTER TH£ fHtRD GROWING SEASON . NOXIOUS WEED S,fCIES YEAI\S 1, 2, J, 4, S, 7, AND 10 lfSS THAN 109I, COVERAGE SY AU aASS "A", ·1·. AND •c NOXIOUS W!!OS (INQUDING NOft.RE.GUt.ATfD •1• ANO ~C" NO>CKIUS WEEDS) IOENT1F1(D ON THl l.ATEST IING COUNTY NO)(IOUS WEED UST. NC000VS WEED cot,iTROL l'ERFOfl.MAHCf: STANDARDS ARE UMITfO TO Pl.ANTtDAIIW ONLY. 7.0 CONTINGENCY PLAN 7.1 A contingency plan can be implemented if necessary. Contingency plans can include regrading, additional plant installation, erosion control, modifications to hydrology, and plant substitutions including type, size, and location. 7.2 Careful attention to maintenance is essential in ensuring that problems do not arise. Should any of the site fail to meet the success criteria, a contingency plan will be developed and implemented with the City approval. Such plans are prepared on a case- by-case basis to reflect the failed mitigation characteristics. 7.3 Contingency/maintenance activities will include, but are not limited to: -Replacing all plants lost to vandalism, drought, or disease, as necessary. -Replacing any plant species with a 20 percent or greater mortality rate with the same species or similar species approved by the City Biologist. ... . .. ' Fteldbrook Mitigation Plan!#I /-121 Sewall Wetland Consulting. Inc. September 2 3, 2013 Page 22 -Irrigating the mitigation area only as necessary during dry weather if plants appear to be too dry, with a minimal quantity of water. -Reseeding wetland and buffer areas with an approved grass mixture as necessary if erosion/sedimentation occurs. -Removing all trash or undesirable debris from the wetland and buffer areas as necessary. lfyou have any questions regarding this report, please call us at (253) 859-0515 or at esewall@sewallwc.com . Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetlands Ecologist PWS #212 Attached: Sheets Wl-W3 Ilx17 set. Sheets W1-W3 full size set. \ ( . ' Fieldbrook/# 11-121 Sewall Wetland Consulting, Inc. July 25, 2013 Page 23 August 13, 2013 Vanessa Dolbee -Senior Planner City of Renton 1055 South Grady Way Renton, Washington 98057 RE: Fieldbrook Mitigation Plan Revisions swc Job#J l-121 Dear Vanessa, Sewall Wetland Consulting, Inc. 27641 Covington WaySE#2 Covington WA S&W2 Phare 2.53-S59-ffi15 Fax 253-S524732 RECfJ\IE') AUG l 5 '/QY3 CITY Of 1co,rroN PLANNING D1Vl5i0N Attached is our latest revised Mitigation Plan based upon some comments we received from the Corps. In general it just adds more detail and clarifies the earlier approved plans. The changes include; I. Added existing contours to site plan(W-1) . 2. "Grading Concept Plan" (W-1) -re-scaled from 1 :30 to 1 :20; modified line format/types to improve readability. 3. "Planting Plan" (W-2) -rescaled from 1 :30 to I :20; added limits of wetland creation & wetland buffer enhancement; modified symbol for rose; switched snowberry for rose in upland; 4. W-2 updated plant count accordingly; added table describing typical spacing for proposed plants; added emergent planting detail; removed seed specification. 5. W-3-added the monitoring text to describe a lO year monitoring term; included monitoring schedule and performance standards in table format (rather than in text); created monitoring site plan describing plot and piezometer locations. Plots shown as lm x 2m rectangular with permanently marked corners. Piezo's per Corps standards outlined in EDRC TN-WRAP-00-02 (July 2000). If you have any questions in regards to this report or need additional information, please feel free to contact me at (253) 859-0515 or at esewall@sewallwc.com. Sincerely, Sewall Wetland Consulting. Inc. Ed Sewall Senior Wetlands Ecologist • June 7, 2013 Vanessa Dolbee -Senior Planner City of Renton I 055 South Grady Way Renton, Washington 98057 RE: Fieldbrook Critical Areas -LUA 12-00 I SWC Job#l l-121 Dear Vanessa, Attached is our final revised (Revision date 5-30-13) mitigation plan taking into account all of the comments from OTAK (see attached comment response letters), as well as the hearing examiners report and subsequent comments from the US Army Corps of Engineers. This plan meets all the Hearing Examiners conditions, as well as all other requests from the City as well as the Corps If you have any questions or require any additional information please feel free to contact me at (253) 859-05 I 5 or at esewall@sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Attached: Revised Wetland Mitigation Plan 5-30-13 March 16, 2012 Review Response April 10, 2012 Review Response September 17, 2012 Review Response • • ~.... ~~,:it1*/·· ....-:-~. , .. ~'"':_._~ "-· ----~- 61 -':'_eo_a_1-~-w-:_a_y1Sfi_a_~_~_Co_n_s_~_l_tre._in~.~-·~ln_c_~_ 5 _ March 16, 2012 Vanessa Dolbee -Senior Planner City of Renton 1055 South Grady Way Renton, Washington 98057 Covington WA 98042 Fax: 25&852-4732 RE: Fieldbrook Critical Areas Review Response swc Job#l 1-121 Dear Vanessa, I have reviewed the OTAK February 29, 2012, "Critical Areas Review ofFieldbrook Commons" letter. The following is our response to the Recommendations listed starting on Page 7 of the OTAK memo; 2.a. Offsite Wetlands: According to the RMC (4·3·050M3.a.i), "The applicant shall be required to conduct a study to determine the classification of the wetland !f the subject property or project area is within one hundred/eel of a wetland even if the wetland is not located on the subject property but it is determined that alterations of the subject property are likely to impact the wetland in questions or its b1!ffer." If any portion of the wetland or buffer is located onsite, the site plans will need to be revised accordingly. As requested, we investigated the off-site wetland area identified by OT AK. It appears to be a linear extension of Wetland B. We measured the distance of this wetland to the eastern property line of the site and it was 55'. As this appears to be a part of Wetland B, this would also be a Category 2 wetland with a 50' buffer. This buffer would not extend onto the site. 2.b. W-'ctland and Buffer Functions: provide an assessment and comparison of existing and proposed wetland and buffer functions and values using the Ecology methodology (http:/ /www.ecy.wa.gm'/pubs/0806009.pdt) to demonstrate that the proposed mitigation will achieve functional equivalency or improvement on a per function basis (RMC 4-3- 0501\111.d). Provide a table that compares existing and proposed wetland and buffer functions and values, such as that provided in the above mentioned methodology. • Fieldbrook Commons! 11-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 2 of /8 2.c. "laps: Future maps submitted should be printed at the appropriate scale and all contours and map notes should be legible. Pro,·ide appropriate scale bars on all maps. Maps contain scales and notes are legible in the copies provided to the City. 2.d. Wetland B Buffer Encroachment: If the buffer is being intruded upon from the neighboring yard, the applicant ,vill need to restore the degraded portion of the buffer and include new fencing to prevent future intrusion. This area will be restored by removing the fence and replanting with native trees and shrubs. 2.e. Tree Retention: 2.e.1. Per !UvIC 4-4-130 tree removal is an allowed activity under certain circumstances. However, prohibited activities include tree remonl from critical areas, including wetlands and their buffers (4-4-130D3). This chapter of the RMC also requires a tree removal and land clearing plan when a land development is submitted (4-4-130H2). It is impossible to fill any wetland that has trees and not remove them. Trees within the filled wetland will be removed. However, the proposed mitigation plantings replaces these trees with many more trees than will be removed. The areas of clearing within existing buffer of Wetland A for expansion of the wetland will also have trees removed. However, all of the new wetland and buffer will be planted with a dense planting of native trees and shrubs. 2.f. Mitigation Memo and Mitigation Plan Sheets: 2.f.1. Redsc the mitigation memo and mitigation plan sheets to contain all of the elements required by fu.'v!C 4-3-0SOM and 4-8-120D23, and address the items listed in Section 1.f above. The following are the sections under l.f referred to; 1.f.1. The mitigation memo and associated plan sheets constitutes a conceptual mitigation plan. 1.f.2. The project proposes to mitigate for the fill of existing wetlands D, E, and F by removing existing high functioning wetland buffers in order to create additional wetland. \Vetland Buffer requirements per !Uv1C 4-3-0501\16.a.iii states "All required wetland buffer zones shall be retained in their natural condition." The revised mitigation plan will not impact the buffer of Wetland B which is high functioning. Instead the new plan proposed creating wetland between Wetlands A and C and converting moderate function buffer to wetland, and then move the buffer to the edge of the newly created wetland. No loss in buffer function will occur as the same 50' buffer will be utilized on the new wetland creation area. • Fie!dbrook Commons!l /-121 Sewall Wetland Consulting, Inc. March /6, 2012 Page 3 ofl8 1.f.3. The mitigation memo lacks many clements required by RMC 4-8-120D.23 and Rl'v!C 4-3-0501-L The most important lacking elements arc: 1.f.3.1. Native Growth Protection Areas: Requirements for placement of wetlands and buffers into a Native Growth Protection Area (NGPA) (Rl'v1C 4-3-050E4 and 4-3-0501\17); as well as, specifications for NGPA signs, fencing, maintenance, and maintenance covenants (RMC 4-3-050E4); The final mitigation plan will depict NGPA areas as well as specific locations of signs and fencing. 1.f.3.2. Assessment and Comparison: Requirements to provide an assessment and comparison of existing and proposed wetland and buffer functions and values using an approved methodology to demonstrate that the proposed mitigation will achieve functional Using the WADOE Wetland rating systems which is based upon 3 major recognized wetland functions, Wetland D scored a total of 33 points, indicating a Category 3 wetland which also indicates low-moderate overall functional value. Wetlands E & F scored 25 and 29 points, respectively. This indicates low function Category 4 wetlands. As seen in Table I below, a substantial functional lift will be attained from the connection of Wetlands A and C with 25,508sf of additional wetland over the existing functions of the proposed fill wetlands. Table 1. Functional Comoarison of imoact wetlands and orooosed miti ation Wetland Area Flood Species Water Hydrologic Habitat Storage Richness Qual. Function Function caoacitv Function Wetland D 767Jsf 3800cufi 5 soecies 12ots 8ots 13ots Wetland E 68sf 34cufi 2 soecies llvts 4vts JOvts WetlandF 159Jsf 500cufi 5 soecies 1 Oots 8vts 11 ots Proposed 25508sf 7600cuft 15 species 24pts 20vts 21 pts Functional +16178sf +3266cuft +8species* + 12pts +12pts avg +9pts Lift avi, av!! Category 3 4 4 2 +1 Catei,orv *only 7 different species were found (excluding exotic/invasives) in Wetlands D,E &F The newly created wetland will connect to existing Category 3 wetlands (Wetlands A and C) and provide enough lift that this wetland will now be considered a Category 2 wetland under the W ADOE rating system. This is a substantial lift in function, surface water storage and species richness over the proposed low value Category 3 and 4 fill wetlands. Fieldbrook Commons/I 1-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 4 of 18 1.f.3.3. Protecting Buffer Functions: Specifications for locating and directing lighting outside of and away from wetland and buffer areas (Ri'v!C 4-3-050M6.c.ii.b). This will be noted on site plans for portions of the development abutting the wetland and buffer areas. 1.f.3.4. l\finimization: Requirements for minimizing wetland and buffer impacts is not addressed (RMC 4-8-120D23.i); 1.f.3.5. 1 lydrology: There is no information to determine whether there will be sufficient hydrology to establish and maintain wetland hydrology, hydrophytic vegetation, and hydric soils at the proposed elevations within the wetland creation area. • There is no evidence to support the assumption that groundwater elevations in the wetland creation area will be the same as in the existing wetlands. In the wetland creation area between Wetlands A and C, there is an approximate 2-foot difference in elevation and in the wetland creation area on the west side of Wetland B there is generally a 4-foot difference, 'w~th as much as a 6-foot difference in elevation. Currently we are monitoring groundwater within 6 wells within the new proposed wetland creation area between wetlands A and C. Current readings indicate groundwater is at a depth from 16"-28" below the surface. We will continue to monitor these points into April to develop an appropriate grading plan to create wetland conditions within the mitigation area. The 2' elevation difference between \Vetlands A & C will be considered when we prepare a final grading plan based upon groundwater elevations. Its possible that a small portion of the created wetland may have slope wetland characteristics. We have employed this type of grading in several wetland mitigation projects successfully. However, this will depend upon our findings of our hydrology monitoring which is currently being conducted. • There is no information that determines how the construction of the berm proposed between the combined Wetlands A and C will prevent water in this larger, combined wetland from flowing out to Wetland B. The use of a berm in this area if used, will be constructed of a soil material that will be an impediment to water passing through the berm through the use of a barrier such as clay. • There is no information to determine that excavating adjacent to Wetland B (Soos Creek headwaters) will not harm and/ or alter the existing wetland and stream hydrology and vegetation. No impacts or excavation in the area of Wetland Bare proposed at this time. Fieldbrook Commons! 11-121 Sewall Wetland Consulting. Inc. March 16, 2012 Page 5 of !8 1.f.3.6. Proposed Grasses: The specified planting of grass seeds in all disturbed portions of the buffer and created wetland. Grass has been shown to compete with and inhibit growth of installed woody plants, and tall grass can hide installed plants making them more difficult to locate during monitoring visits, and increase the likelihood of damage during maintenance actiYities. Grass see will be eliminated from the planting plan. Use of chips or mulch will be utilized instead. 2.f.6. Trails: the proposed trails in the mitigation wetland buffers must conform "~th RMC 4-3-050C7.a.i(2)., and the applicant must demonstrate that the construction and use of the proposed trails will not degrade wetland or buffer functions and values. The trail was a requested by the City. It has been removed from the plan so there will be no trail impacts. 2.f. 7. Grading Plans: provide clearing/ grading plans in the wetland mitigation area that demonstrates the proposed clearing/ grading in the buffers is the minimum necessary for the project (RMC 4-8-120D7). The plan has been revised to eliminate any connection to Wetland B. The plan will connect Wetlands A and C through the minimum grading required for the required wetland creation area. This will be based upon the results of our hydrology monitoring which started March 12, 2012. When we have sufficient early growing season hydrology data the grading plans for the mitigation area will be prepared. We anticipate that to be near the end of April-middle of May. 2.f.8. Storm Pond: Provide detailed plans regarding the storm water pond. Information that specifically needs to be included: • proposed outlet location and flow rate; • specifications regarding emergency overflow • information regarding how the adjacent wetlands and buffers will be protected from potential impacts regarding the outlet location(s); and • provide a planting plan for the storm water pond. The target community should be similar to the existing vegetation onsite. The storm pond has been eliminated from the project and a buried vault will be utilized outside the wetland and associated buffers. 2.f.9. Permits: Provide documentation regarding the required pennits from State and Federal agencies including Ecology, USACE, and \vTIF\V. Fie!dbrook Commons!/ 1-12 I Sewall Wetland Consulting. Inc. March 16. 2012 Page 6 ofl8 When the City accepts the Conceptual Mitigation Plan, we can then prepare a Final Detailed Plan which would be suitable for submittal for a Nationwide Permit from the Army Corps of Engineers, as well as to WADOE for 410 Water quality Certification. It is premature to submit for these permits at this time as the required documents (Final mitigation plan and reports) have not been prepared. 2.f.10. Long 'l'enn Monitoring: Provide for ten years of monitoring and maintenance of the mitigation area, including the entire wetland mitigation buffer. •Tobe consistent witb guidance from the USACE and Ecology, Section 5 Monitoring Program should specify tbat Y car 1 vegetation monitoring will occur in the at the end of growing season after the plants have been installed for at least one calendar year. • At a minimum, monitoring should occur in Years 1, 2, 3, 4, 5, 7, and 10. • Include specifications for monitoring hydrology in the wetland creation area from March through l\fay in piezometers per guidance from USACE (http://el.erdc.usace.army.mil/ elpubs/ pdf/ tnwrap00-2. pdf). City of Renton Code requires monitoring and bonding of a wetland mitigation project for five years. Although it is likely that the Corps and W ADOE may require 10 years of monitoring, the plan to be submitted to the City will meet the City Code of 5 years of monitoring. Hydrology monitoring of the creation area will be a component. 2.g. Buffers: 2.g.1. City code requires impacts to critical areas and their buffers be avoided, minimized, restored or compensated ~'\IC 4-3-050M8). Because avoiding all impacts does not appear possible, tbese impacts (permanent and temporary) must be MINIMIZED. Extensive proposed grading in the existing buffers does not minimize impact to these critical areas. In order to minimize impacts: • Do not re1nove the existing functional '\vctland buffer in order to create new wetland; • Retaining walls should be used adjacent to proposed trails, the storm water pond, an<l any other area \vhere extensive grading would otherwise impact the buffer; and • Buffer slopes should not be any steeper than they are under existing conditions. In order to minimize impacts to the wetlands and buffers, the formerly proposed storm pond has been removed and replaced with a much more expensive vault outside the wetland and buffers. The trail has also been removed from the wetland and buffers. The previous mitigation proposed in the high functioning, conifer dominated buffer of Wetland B has been removed from the plan. Now all the mitigation/wetland creation is to occur between Wetlands A and C. Both of these wetlands are isolated and not associated with the larger Wetland B. Fieldbruuk Commons/11-/ 21 Sewall Wetland Consulting, Inc. March 16. 2012 Page 7 of 18 The proposed area for the creation is deciduous forest comprised of scattered big leaf maple, a single cottonwood, and understory of vine maple, elderberry, blackberry and Indian plum. This area has had past disturbance from mining and contains existing disturbed areas as well as some trash and debris. Portions also include a large man-made berm that is comprised of peat and coal tailings. Preliminary hydrology monitoring reveals groundwater at depths between 16"-28" of the surface within the proposed creation area. Soils in this area are gravelly loams on the surface with tighter clay soils beneath. Wetland creation in these types of soils is typically very successful. The proposed work in the buffers of these wetland to create over 25,000sf of additional wetland area will not remove pristine buffer. Additionally, the newly created wetland edge will then have a 50' buffer of existing forest to protect the resource. Any buffer area disturbed during the creation of the mitigation project will be restored with native tree and shrub species. All the large trees removed from the buffer and the grading of the wetland creation area will be utilized as habitat features (snags and large woody debris) within the wetland and buffer mitigation area. 2.g.2. At a minimum, all disturbed and invasive-dominated buffer additions, as well as the areas designated as "buffer restoration for temporary impacts" have to have an enhancement plan that includes (at a minimum): invasin removal; installation of appropriate native trees and shrubs; performance standards Oess than 10% invasive cover, at least 80% survival for the first 2 years, reasonable % desirable woody cover, reasonable diversity of woody species); and monitoring, maintenance, and contingency plans. All disturbed areas and the entire mitigation area will meet this goal. If you have any questions or require any additional information please feel free to contact me at (253) 859-0515 or at esewall@sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Attached: Revised Existing Conditions Map Revised Conceptual Mitigation Plan Fieldhrook Commonsl/ /-121 Sewall Wetland Consulting. Inc. March 16, 2012 Page 8 of 18 1.0 CONCEPTUAL MITIGATION PROJECT OVERVIEW To compensate for the fill of a 9,334sf Category 2 &3 wetlands, it is proposed to create 25,508sf of wetland between Wetlands A and C. 2.0 MITIGATION CONCEPT AND GOALS 2.1 Mitigation Concept The mitigation proposal is to connect Wetlands A and C with an area of 25,508sf of wetland. The wetland creation areas will be densely planted with native vegetation. The use of diverse native plantings are expected to significantly improve the overall function of the wetland and buffer as it will remove dense thickets of exotic blackberry as well as add emergent and shrub plant communities into what is now, a single class forested wetland. 2.2 Mitigation Goals 2.2.1 Create 25,508sf of emergent, scrub shrub and forested wetland. 3.0 CONSTRUCTION SEQUENCE The construction sequence of this project will be implemented as follows: 3.1 Pre-construction meeting 3.2 Construction staking 3.3 Construction fencing and erosion control 3.4 Clearing and grading 3.5 Stabilization of mitigation area 3.6 Plant material installation 3.7 Construction inspection 3.8 Agency approval 3.9 Monitoring inspection and reporting 3.10 Silt fence removal 3.11 Project completion 3.1 Pre-construction Meeting A pre-construction meeting will be held on-site prior to commencement of construction, to include the biologist, the City, and the contractor. The approved plans and specifications will be reviewed to ensure that all parties involved Fieldbrook Commons! l /-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 9 of 18 understand the intent of the construction documents, specifications, site environmental constraints, sequences, and inspection requirements. 3.2 Construction Staking The limits of clearing and grading near the critical areas will be marked in the field by a licensed professional land surveyor prior to commencement of construction activities. 3.3 Construction Fencing & Erosion Control All erosion control measures adjacent to the critical areas, including silt fencing and orange construction fencing, will be installed. Erosion control fencing will remain around the mitigation area until clearing, grading and mulch placement are complete in upland areas outside the critical areas. 3.4 Clearing & Grading Clearing and grading in and near the existing sensitive area will be per the approved Final Mitigation Plans. 3.5 Stabilization of Mitigation Area All graded areas in the wetland or buffer will be stabilized with mulch upon completion of grading. Orange construction fencing and erosion control fences will be restored (if necessary) and placed around the critical areas. 3.6 Plant Material Installation All plant material will be planted by hand per detail and Construction and Planting Notes. The Mitigation Plan specifies the required size, species, quantity, and location of plant materials to be installed. The contractor will mulch areas disturbed during the planting process. Upon completion of the planting, the erosion control fencing will be restored and repaired. Plant substitutions or modifications to locations shall be approved in writing by the Owner's biologist prior to installation. 3.7 Construction Inspection Upon completion of installation, the County's biologist will conduct an inspection to confirm proper implementation of the Mitigation Plan. Any corrections, substitutions or missing items will be identified in a "punch list" for the landscape contractor. Items of particular importance will be soils in pits, pit size, plant species, plant size, mulch around pits, and tree staking. rieldbrook Commons!//-121 Sewall Wetland Consulting, Inc. March /6, 2012 Page JO of/8 Upon completion of planting, if installation or materials vary significantly from the Mitigation Plan, the contractor will submit a reproducible "as-built" drawing to the Owner. 3.8 Agency Approval Following acceptance of the installation by the City, the County biologist should prepare a letter granting approval of the installation. 3.9 Monitoring The site will be monitored for 5 years to insure the success of the mitigation project. 3.10 Silt Fence Removal Erosion control fencing adjacent to the mitigation area will remain in place for at least one year, and/ or until all areas adjacent to the mitigation area have been stabilized. The County's Biologist may recommend that the fencing remain in place for a longer duration. 4.0 CONSTRUCTION AND PLANTING NOTES 4.1 Site Preparation & Grading 4.1.1 The Landscape Contractor will approve existing conditions of subgrade prior to initiation of any mitigation installation work. The Landscape Contractor will inform the Owner of any discrepancies between the approved construction document and existing conditions. 4.1.2The General Contractor will flag the limits of clearing with orange construction fencing and will observe these limits during construction. No natural features or vegetation will be disturbed beyond the designated "limits of clearing". 4.1.3The Landscape Contractor will hand grub all blackberry varieties onsite. Weed debris will be disposed of off site. 4.1.4 The wetland area will be excavated to the depths shown on the Final Mitigation Grading Plan and brought to grade with 8" of topsoil. The biologist will be on-site to confirm the grading is acceptable for planting. 4.2 Plant Materials Fieldbrook Commons!I /-121 Sewal/ Wetland Consulting, Inc. March 16, 2012 Pagellof/8 4.2.1 All plant materials will be as specified in the plant schedule. Only vigorous plants free of defects, diseases and infestation are acceptable for installation. 4.2.2All plant materials will conform to the standards and size requirements of ANSI Z60.l "American Standard for Nursery Stock". All plant materials will be native to the northwest, and preferably the Puget Sound Region. Plant materials will be propagated from native stock; no cultivars or horticultural varieties will be allowed. All plant materials will be grown from nursery stock unless otherwise approved. 4.2.3All nursery grown plant materials will be in containers or balled and burlapped. Bare root plantings will be subject to approval. 4.2.4All plant materials stored on-site longer than two (2) weeks will be organized in rows and maintained by the contractor at no additional cost to the owner. Plant materials temporarily stored will be subject to inspection and approval prior to installation. 4.2.SSubstitution requests must be submitted in writing to the Owner and approved by the Owner's biologist in writing prior to delivery to site. 4.2.6 All plant materials will be dug, packed, transported and handled with care to ensure protection from injury. All plant materials to be stored on site more than 24 hours will be heeled into topsoil or sawdust. Precautionary measures shall be taken to ensure plant materials do not dry out before planting. Wetland plants will be shaded and saturated until time of installation. Immediately after installation the mitigation planting area will be saturated to avoid capillary stress. 4.2.7The contractor will verify all plant materials, the quantities shown on the planting plan, and the plant schedule. The quantity of plant materials shown on the plan takes precedent over the quantity on the plant list. 4.3 Plant Installation 4.3.1 All plant materials must be inspected prior to installation to verify conformance of the materials with the plant schedule including size, quality and quantity. Any plant or habitat materials deemed unsatisfactory will be rejected. Fieldbrook Commons/11-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 12ofl8 4.3.2 All plant materials delivered and accepted should be planted immediately as depicted on the mitigation plan. Plant materials not planted within 24 hours will be heeled-in per note 3.2.6. Plant materials stored under temporary conditions will be the sole responsibility of the contractor. Plants will be protected at all times to prevent the root ball from drying out before, during, or after planting. 4.3.3All planting pits will be circular with vertical sides, and will be sized per detail on the mitigation plan and filled with pit soils approved by the Owner's biologist. If native soils are determined to be unacceptable by the Owner's biologist, pit soils will be amended with Cedar Grove mulch or equivalent. 4.3.4No fertilizers will be used within the wetland. In buffer areas only, install "Agriform", or equal plant fertilizer to all planting pits as specified by manufacturer. Fertilizers are allowed only below grade in the planting pits in the buffer areas. No sewage sludge fertilizer ("SteerCo'' or "Growco'') is allowed in the mitigation area. 4.3.5All containerized plant materials will be removed from their containers carefully to prevent damage to the plant and its roots. Plants removed from their containers will be planted immediately. 4.3.6All plant materials will be placed as shown on the approved mitigation plan. If the final installation varies from the approved mitigation plan, the contractor will provide a reproducible mylar as-built of the installed conditions. All plant material will be flagged by the contractor. 4.4 Planting Schedule and Warranty 4.4.1A fall-winter installation schedule (October 1st -March 15th) is preferred for lower mortality rates of new plantings. If plant installation occurs during the spring or summer (March 15th -Oct. 1st) a temporary irrigation system will be required, unless the area can be sufficiently hand-watered. 4.4.2All disturbed areas will be mulched or seeded with native mixes as specified on the plans, as soon as the mitigation area grading is complete. The seed must be germinated and a grass cover established by October 1st. If the cover is not adequately established by October 1st, exposed soils will be covered with approved erosion control material and the contractor will notify the Owner in writing of alternative soil stabilization method used. Fieldbrook Commons!l l-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 13 of 18 4.4.3 The installer will warrant all plant materials to remain healthy and alive for a period of one year after final acceptance. The installer will replace all dead or unhealthy plant materials per the approved plans and specifications. 4.5 Site Conditions 4.5.1 The installer will coordinate with the Owner and the Owner's biologist for construction scheduling. 4.5.2Landscape installation will begin after the City acceptance of grading and construction. The Owner will notify the Owner's biologist of acceptance of final grading. 4.5.3Silt fences will be installed as shown on the approved mitigation grading plans. The installer is responsible for repair and replacement of silt fences disturbed during plant installation. No equipment or soils will be stored inside the silt fences. 4.5.4After clearing and grading is complete in the mitigation area, exposed soils will be seeded or mulched. Orange construction fence will be placed around the mitigation area to prohibit equipment and personnel in the mitigation area. 4.5.5Final grading will be based upon soil conditions found during excavation of the mitigation area. 4.5.6 All plant material will be planted with suitable soils per planting details. Soils from planting holes will be spread and smoothed across the mitigation area. 5.0 MAINTENANCE PROGRAM This maintenance program outlines the program, procedures and goals for mitigation of the stream and buffer impacts at the mitigation site. This maintenance program will be the responsibility of the project owner through the duration of its ownership of the mitigation area, or throughout the duration of the monitoring period, whichever is longer. The maintenance contractor will complete the work as outlined below. 5.1 Maintenance Work Scope 5.1.1 To accomplish the mitigation goals, normal landscaping methods must be modified to include: Fieldbrook Commons!//-/ 2 I Sewall Wetland Consulting. Inc. March 16. 2012 Page 14 of 18 a. No mowing or trimming of ground cover or vegetation in the mitigation area. b. No placement of fertilizers in the mitigation area. c. No placement of bark mulch or equivalent in the mitigation area, except as noted in the planting details. d. No placement of grass clippings, landscape debris, fill or ornamental plant materials in the mitigation area. 5.l.2Work to be included in each site visit: a. Remove all litter including paper, plastic, bottles, construction debris, yard debris, etc. b. Remove all blackberry varieties and scotch broom within the mitigation area. All debris is to be removed from site and disposed in an approved landfill. c. Repair silt and/ or permanent fencing and signage as needed. 5.l.3Work to be completed on an annual basis includes: a. Areas containing Himalayan blackberry should be controlled by hand cutting the blackberry and treating the remaining cut stems only with a glyphosphate herbicide such as Roundup or Rodeo (applied by hand, not sprayed). b. Replace dead or failed plant materials. Replacement plantings are to be of same species, size and location as original plantings. Plantings are to be installed during the dormant period. c. Remove tree staking and guy wires from all trees after one year. 5.2 Maintenance Schedule The Owner will conduct all items listed in the Maintenance Work Scope on an annual basis. Additional work may be required per the Monitoring Report and as approved by the City Biologist. Additional work may include removal of the grasses around each shrub and tree, installation of wood chips at each shrub and tree base, reseeding the mitigation area, re-staking existing trees and erosion control protection. 5.3 Watering Requirements 5.3.1 lf plantings are installed within the dormant period throughout the winter months (October through March 15th), watering is not required. However, watering will be encouraged if plants mortality rises due to dry conditions. Fieldbrook Commons!/ J-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 15 of 18 5.3.2If plantings are installed during the summer months (March through October 151 ), a temporary irrigation system will be required, unless the area can be sufficiently hand-watered. The temporary irrigation system may be removed after the first year providing the plantings are established and acclimated to on- site conditions. 5.4 Close-out of Five-Year Monitoring Program Upon completion of the monitoring program and acceptance of the wetland mitigation by the County Biologist, the maintenance of the project will be reduced to include removal of litter and debris, repair of perimeter fencing and signage, removal of noxious weeds and undesirable vegetation, and repair of vandalized areas. 6.0 WETLAND AND BUFFER MONITORING PROGRAM 6.1 Sampling Methodology The created wetlands and their associated buffers will be monitored once per year over a five-year period, as required by the City. Monitoring will be conducted using the techniques and procedures described below to quantify the survival and relative health and growth of plant material. A monitoring report submitted following each monitoring visit will describe and quantify the status of the mitigation at that time. The monitoring schedule will be determined after the plant installation has been completed. Typically, the first monitoring visit occurs one year after the installation sign-off. 6.1.1 Hydrology Wetland hydrology will be monitored using four ( 4) combination staff/ crest gauges located within the restoration area to be placed at the time of the installation sign-off by the biologist. Surface water level or ground water saturation depths will be measured at these stations to determine if wetland hydrology has been successfully attained. As is noted in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), wetland hydrology is defined as inundation or soil saturation (usually within 12" of the surface) during the growing season. The growing season for this area is generally defined as the period between the middle of March and the middle of November. However, plant growth often occurs earlier in the year and sound professional judgment will be needed to determine when the growing season is taking place at the site. Fieldbrook Commons/ I /-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 16 of 18 Wetland hydrology will be considered successfully created if wetland hydrology is observed inundating or saturating the soil within 12 inches of the surface during the growing season. Readings will be made early in the growing season (@ March 15) to determine if wetland hydrology is present. 6.1.2 Vegetation The vegetation monitoring consists of inspection of the planted material to determine the health and vigor of the installation, as well as coverage estimates. All the planted material in the wetland and buffer will be inspected during each monitoring visit to determine the level of survival of the installation. All plants will be inspected and recorded as to whether they area alive or dead based upon the "as-built" in Years 1 & 2. In Years 3-5, coverage estimates will be used to determine success of the vegetation component. Two (2) transects will be established across the mitigation site within each plant community for a total of 6 transects. Within the emergent plant community coverage of vegetation will be measured with 0.25m rectangular plots. Estimates of coverage percentages will be made within these plots. A total of 10 sample points within the herbaceous/ emergent plant community will be randomly located during the installation sign off. At each of these points four samples, one in each quadrant will be taken. Within the scrub-shrub and forested plant communities 1/100 acre, circular plots will be used. A total of 10 randomly located plots along each transect will be recorded. Within each plot coverage estimates for both emergent and woody species will be recorded. Photographs of the mitigation area will be taken from 6 photo points to be located during the installation sign off. Photographs will be taken at each of the monitoring and included with the monitoring report for each year from these points. 6.2 STANDARDS OF SUCCESS 1.a Evaluation of the success of the mitigation project will be based upon an 100% survival for all planted woody vegetation at the end of year 1. Fie/dbrook Commons! l /-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 17 of 18 l.b Evaluation of the success of the mitigation project will be based upon an 90% survival for all planted woody vegetation at the end of years 2. 1.c Years 3&5-Achieve at least 60% cover of woody species in shrub and forested plant communities by Years 3&4 and 50% cover of emergent species. l.d Not more than 10%cover of non-native invasive species within mitigation area after year 10. 2. The wetland mitigation project will create 25,508sf of wetland meeting at least the vegetation and hydrology criteria for a wetland as described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). 3. Volunteer native, non-invasive species will be included as acceptable components of the mitigation. 7.0 CONTINGENCY PLAN 7.1 A contingency plan can be implemented if necessary. Contingency plans can include regrading, additional plant installation, erosion control, modifications to hydrology, and plant substitutions including type, size, and location. 7.2 Careful attention to maintenance is essential in ensuring that problems do not arise. Should any of the site fail to meet the success criteria, a contingency plan will be developed and implemented with the County approval. Such plans are prepared on a case-by-case basis to reflect the failed mitigation characteristics. 7.3 Contingency/ maintenance activities will include, but are not limited to: -Replacing all plants lost to vandalism, drought, or disease, as necessary. -Replacing any plant species with a 20 percent or greater mortality rate with the same species or similar species approved by the City Biologist. -Irrigating the stream area only as necessary during dry weather if plants appear to be too dry, with a minimal quantity of water. Vieldhrook Commons! 11-121 Sewall Wetland Consulting, Inc. March 16, 2012 Page 18 of 18 -Reseeding stream and buffer areas with an approved grass mixture as necessary if erosion/ sedimentation occurs. -Removing all trash or undesirable debris from the wetland and buffer areas as necessary. April 10, 2012 Vanessa Dolbee -Senior Planner City of Renton 1055 South Grady Way Renton, Washington 98057 RE: Fieldbrook Critical Areas Review Response -LUA 12-001 swc Job#l 1-121 Dear Vanessa, This is a response to your March 30, 2012 email regarding the Fieldbrook Commons project. Below in italics are the items you asked us to address. After each item we have provided a response; I. The Map was not drawn to a I to JOO scale, it appears to be drawn to a I to 50 scale. Please provide a map drawn to scale including a "drawn" scale. The plan is now shown with a "drawn scale" and is at a scale of I "=JOO'. 2. The buffer averaging square footage was not provided per area. The areas of buffer reduction and buffer addition using buffer averaging are now shown on the mitigation plan (see attached). 3. The new buffer distances were not provided in areas of reduced buffer. Dimensions are now included in the areas of reduced buffer as requested. 4. A grading and clearing plan for the wetland creation shall be provided, including the total area of permanent impact and temporary impact. At this point in time we are still monitoring groundwater levels within the proposed creation area. So far monitoring has shown groundwater levels between 16"-28" below the existing surface of the proposed creation area. However, we need to monitor the area for approximately I more month to completely understand the hydrology of this area as it pertains to creating an appropriate grading plan that will allow us a higher certainty on creating adequate wetland hydrology. At that time we will prepare a grading plan which will depict the area to be graded and all areas to be Fieldbrook Commons/11-121 Sewall Wetland Consulting, Inc. April 10, 2012 Page 2 of8 replanted in the creation area and any area within the buffer that would be graded back and require restoration. 5. RMC 4-8-120 D.23.i, this was not addressed. This section of Code states the following; i. Alternative Methods of Development: If wetland changes are proposed, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order: Avoid any disturbances to the wetland or buffer; Minimize any wetland or buffi?r impacts; Compensate for any wetland or buffer impacts; Restore any wetlands or buffer impacted or lost temporarily; Create new wetlands and buffers for those lost; and In addition to restoring a lt'etland or creating a wetland, enhance an existing degraded wetland to compensate for /ostfimctions and values. This evaluation shall be submitted to the Department Administrator. Any proposed alteration of wetlands shall be evaluated by the Department Administrator using the above hierarchy. a. Avoid any disturbances to the wetland or buffer; The site contains three small wetlands which the developer proposes to fill and mitigate for through the creation of a new wetland area and enhanced buffer areas between Wetlands A and Con the eastern third of the site. Wetland (F) located on the western side of the site is Category 3 wetland measuring 1595sf. Due to the requirement to provide a secondary fire access directly out to I 08 1h Ave S.E. the developer is unable to avoid direct impact to this wetland. Wetland (E) located in the center of the site and adjacent to S.E. 172nd St. measures 68sf and is rated as a Category 3 wetland. Due to the requirement to dedicate and construct the other half of the S.E. 172nd St. ROW the developer is unable to avoid direct impacts to this wetland. Wetland (D) is located generally in the center of the project and is rated as a Category 2 wetland measuring 7671 sf. This wetland is located in the center of the site, and the preservation of this wetland with its associated buffer would remove such a large portion of the property as to not be feasible to develop in any way. b. Minimize any wetland or buffer impacts; The developer previously attempted to plan roadways and improvements around Wetland D, however the location and shape of the wetland impacted the vehicular circulation and building locations to such an extent that the project would not be financially feasible to Fieldbrook Commons! l /-121 Sewall Wetland Consulting, Inc. April 10, 2012 Page 3 of8 construct. The project has minimized impacts by avoiding impacts to Wetlands A, Band C and their associated buffers. These are the more valuable wetlands on the site, and preserving these wetlands would be the priority. c. Restore any wetlands or buffer impacted or lost temporarily: and No temporary impacts to wetlands are proposed except for along the edge of Wetlands A and C wehre the newly created wetland area will be constrcuted. Some temporarly buffer impacts will ccur from the construction of the stormwater outfall and along the edge of the buffers. These areas will be fully restoired following construction and replanted with native trees and shrubs. d. Compensate for any permanent wetland or buffer impacts by one of the following methods: i. Restoring a former wetland and provide buffers at a site once exhibiting wetland characteristics to compensate for wetlands lost: This is not applicable to this site as no historic wetlands are located on the property to restore. ii. Creating new wetlands and buffers for those lost; and A total of 9334sf of wetland will be filled. As described in Code; "Any applicant proposing to alter wetlands may propose to restore wetlands or create new wetlands, with priority first for on-site restoration or creation and then second, within the drainage basin, in order to compensate for wetland losses. Restoration activities must include restoring lost hydrologic, water quality and biologic functions". Additionally, Code states" Where feasible, created or restored wetlands shall be a higher category than the altered wetland. In no cases shall they be lower". d 'fi h Co e Spec, 1es t e following m1t1gat1on ratios f, or wet and 1 mpacts; i. RATIOS FOR WETLANDS CREATION OR RESTORATION: Wetland Category Vegetation Type Creation/Restoration Ratio Category I Forested 6 times the area altered. Scrub-shrub 3 times the area altered. Emergent 2 times the area altered. Category 2 Forested 3 times the area altered. Scrub-shrub 2 times the area altered. Emergent 1.5 times the area altered. Category 3 Forested 1.5 times the area altered. Scrub-shrub 1.5 times the area altered. Emergent 1.5 times the area altered. Fie I db rook Commons! 11-121 Sewall Wetland Consulting. Inc. April JO, 2012 Page 4 o/8 The following table outlines the wetlands to be filled and the required wetland creation using the City of Renton mitigation ratios: Wetland Size Category Vegetation Ratio Required Type Wetland Creation D 767 lsf 2 Forested 3:1 23013sf E 68sf 3 scrub-shrub 1.5: I 102sf F 1595sf 3 scrub-shrub 1.5: I 2393sf Total 25508sf Creation As required by Code, we are proposing to create 25,508sf of wetland. This wetland will all be Category 2 wetland. Proposed Wetland Mitigation location rationale. Given the configuration, topography, hydrology and character of the site, the available wetland mitigation areas are limited by I. Where sufficient hydrology exists 2. Where enough area exists without extending a buffer onto off-site areas. 3. Where it makes the most sense to create a wetland that doesn't leave an isolated, low function wetland. If any area of the site except the eastern side of the site were selected we would be creating a wetland that would be surrounded by development, and there fore isolated from other open space areas. This creates a functionally isolated feature that will not provide suitable wildlife habitat or support for many species. Additionally, there are no areas on the site, except along the eastern portion near Wetlands A, B or C that have suitable groundwater elevations to support creation of a wetland. For example, if we were to attempt to leave Wetland D intact, ad do creation around this wetland, its likely there would not be suitable wetland hydrology to support this wetland. Wetland Dis an isolated feature that appears to be perched on an impervious hardpan, that allows water to sit long enough to create wetland conditions. This wetland, as well as Wetlands E and F do not appear to be intersecting a surficial groundwater system as does Wetlands A-C. As a result, creation in these areas in and around Wetlands D,E and F would most likely lead to areas that would not successfully create wetland hydrologic conditions. Ideally, as is typically done in most wetland mitigation projects that are successful, expansion of an existing wetland with sufficient hydrology is utilized to create addition wetland. This consists of taking the edge of an existing wetland or wetlands, and by grading back from the edge of the wetland and creating grades similar to the wetland, interception the surficial groundwater table allows creation of wetland hydrologic conditions. This is what we are proposing to do in the area between Wetlands A and C. Based upon our hydro logic monitoring, these wetlands appear to have suitable hydrology for creation of wetland between them. Fieldbrook Commons!J /-121 Sewall Wetland Consulting, Inc. April JO, 2012 Page 5 o/8 As is typical in this type of creation, and also unavoidable, the excavation and creation must occur within the existing buffer of the wetlands. However, as is shown on our plan, we now move the buffer to the edge of the creation area, thus maintaining the required buffer on the new enlarged wetland. It should also be pointed out that most of the area between Wetland A and C proposed as a mitigation area has been historically disturbed by past mining and clearing activities. We have specifically tried to avoid the larger grove of conifers located in the buffer of Wetland B to preserve this higher quality habitat. 6. Wetland Mitigation Plan shall included the following additional items: a. Szefficient area for replacement ratios As depicted in the Table above, and on the attached Conceptual Mitigation Plan, we are meeting the ratios of mitigation required by Code. b. Planting scheme for wetland recreation and buffer enhancement areas At this point in time, it is premature to prepare a detailed planting scheme. Once the concept is approved, and the grading plan completed, we will prepare a plan that depicts the location of the native trees, shrubs and emergent plants to be installed, as well as the habitat features such as large woody debris (L WD) and snags. However, we would expect to include the following species within the created wetland and buffer areas; Douglas fir, western red cedar, sitka spruce, big leaf maple, Pacific willow, cascara, western crabapple, red osier dogwood, sitka willow, salmonberry, nootka rose, clustered rose, twinberry, Indian plum, hazelnut, black hawthome, red elderberry, vine maple, slough sedge, small fruited bulrush, and other species. c. A complete description of the structure andfanctional relationships sought in the new wetland As previously described, the new created wetland will create a larger combined Category 2 wetland by connecting Wetland A and C. This will result in a wetland that will include several hydrologic regimes including seasonally flooded and saturated areas. In addition, several types of plant communities will be present based upon hydrologic conditions. The created wetland will have a mix of hydrologic and vegetation characteristics which will provide a greater variety of wildlife habitats and opportunities for wildlife. The placement ofLWD and snags will create habitat features that do not currently exist within this area. d. A description of the author's experience in restoring or creating wetlands 1 have worked on hundreds of wetland mitigation projects throughout Washington State and the Pacific Northwest as well as in Ohio, New England and in Georgia since 1990. I have worked on small projects as well as large complex projects and have designed wetlands with a variety of hydrologic regimes, including numerous with slope type characteristics as presented here that have been very successful. I am very aware of the criteria needed to successfully create wetlands that replace and exceed the functions lost by the filling of the wetland they are meant to mitigate. Fieldbrook Commonsif J-121 Sewall Wetland Consulting, Inc. April JO, 2012 Page 6 o/8 I am highly confident the proposed Field brook Commons mitigation plan will be successful as we have described it. e. An analysis of the likelihood of success and persistence based on ground water supply, flow patterns, etc. As previously described above as well as described below, we have been monitoring the levels of groundwater within the proposed creation areas. The monitoring results within the first month of the growing season show the water table within 24" of the existing soil surface in the proposed creation area. We are aware that currently, groundwater within Wetland A seeps subsurface in a northerly direction through the upland area between Wetlands A and Cat a depth between 18"- 24". Our goal within this creation area is to maintain that same hydrologic contour within the soil profile, but to remove enough of the surface soils to bring water within 12" of the surface to create wetland hydrology conditions. 7. An analysis of impact on hydrology of the existing wetlands A and C after the additional creation of a new wetland adjacent. Would the creation of the new wetland change the categorization of the existing wetlands? In turn changing the buffer size? As previously stated, we are currently monitoring the hydrology of the area between Wetlands A and C to determine final grades of the creation area. It is probable, given the slight difference in elevation between Wetland A and C (approximately 12"), a portion of the creation area will be a "slope type" wetland. The grade between these two existing wetlands in the creation area will be determined based upon groundwater elevations we determine from our monitoring. Based upon those findings, the sloping portion of the wetland creation area will be a portion of the wetland that will have primarily saturated soils with no surface water. This will allow a slow migration of water through the soil profile from the south to the north through the creation area. This is currently occurring already in the upland area between Wetland A and C. However, it is at a depth >12" which differentiates it from an area that would be considered wetland. A portion of the surface soils will be removed that will bring this saturated soil zone within 12" of the surface meeting wetland hydrology criteria. This should have no impact on the wetland hydrology of either Wetlands A or C. The water we will be intercepting exists within the soil profile in the proposed creation area. We will be removing soil from this area to bring this hydrology closer to the surface, and in portions on the surface of the creation area. We will also be directing clean roof water from the proposed development within the contributing basin, to the edge of the buffer in level spreaders to maintain the hydrologic patters of the site. Connecting Wetland A, a Category 2 wetland, to Wetland C, a Category 3 wetland, will result in Wetland C now being considered a Category 2 wetland. As a resnlt a 50' standard buffer would e required on Wetland C now, and that is what we are providing as depicted on the attached plan. 8. Address review criteria of 4-3-050M6f (i-vii) for buffer averaging. i. That the wetland contains variations in ecological sensitivity or there are existing physical improvements in or near the wetland and buffer; and Fieldbrook Commons! 11-121 Se·wall JYetland Consulting, Inc. April IO, 2012 Page 7 of8 The proposed buffer averaging in the reduced areas will be within areas that have sufficient dense, native vegetation to maintain the function of the wetlands and protect these we lands. The portions of the wetlands closest to these reduced areas are not unique or have any sensitive characteristics that would make them susceptable to impact. ii. That width averaging will not adversely impact the wetland ji.mction and values; and The proposed averaging will not impact the functions or character of these wetlands in this area, The area of the reusltion is in low impact parking areas and will generally not have heavy use such as living or recreational areas, iii. That the total area contained within the wetland buffer after averaging is no less than that contained within the required standard buffer prior to averaging; and The proposed averaging will result in a reduction of 2, 135sf of buffer, but with a subsuquent addtioon of 4, 787sfof buffer, resulting in a net gain of 2,652sfofbuffer, iv. A site specific evaluation and documentation of bl-{ffer adequacy based upon The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000, or similar approaches have been conducted. lhe proposed bl{f{er standard is based on consideration of the best available science as described in rVAC 365-195-905; or where there is an absence of valid scientific information, the steps in RAfC 4-9-250F are followed The proposed buffer averaging and buffer widths follow the City requirements as specified in the code. The document cited above is a document that was put together to give jurisdictions some guidance on determining standard buffer widths to include in their regulations. It does not appear an appropriate citation or document to be using in this contex as standard buffer widths have been decided and adopted as Code, v. In no instance shall the buffer width be reduced by more than fl fly percent (50%) of the standard buffer or be less than twenty five feet (2 5J wide. Greater buffer width reductions require review as a variance per subsection NJ of this Section and RMC 4-9-250B; and The standard buffer on the wetlands being averaged is 50' There are two areas of buffer reduction within the averaging plan, onfthat reduces the width to 28.5', and a second to 34'. Botht of these areas are >50% of the standard buffer widtha nd meet this criteria. vi. Buffer enhancement in the areas where the buffer is reduced shall be required on a case- by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. Fieldbrook Commons!J J-121 Sewall Wetland Consulting, Inc. April JO, 2012 Page 8 of8 The buffer in the areas of the reduction is densly planted with native vegetation. There is no need to enhance these buffer areas. vii. Notification may be required pursuant to subsection FB of this Section. Notification, ifrequired will be done. 9. Please included the trial in the design addressing all portions ofOTAK's report on trail impacts to the wetlands. As required by the City, we have included a trail through the wetland buffer. This trail will be a soft surface wood chip trail that passes through the middle of the buffer area between Wetlands C and B. The If you have any questions or require any additional information please feel free to contact me at (253) 859-0515 or at esewall@sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Attached: Revised Conceptual Mitigation Plan September 17, 2012 Vanessa Dolbee -Senior Planner City of Renton 1055 South Grady Way Renton, Washington 98057 27611 Cbvington WaySE#2 Cbvington WA '0042 RE: Fieldbrook Critical Areas Review Response -LUA12-00I swc Job#l l-121 Dear Vanessa, Phare 253-859-0515 Fax: 253--852-4732 This is a response to the June 13, 2012 OT AK review regarding the Fieldbrook Commons project. Below, listed with the page and paragraph from the OT AK report in italics are the items that were underlined in the OT AK report that required further response from us. After each item we have provided a response; Page 5 paragraph I: "We recommend the applicant submit rating forms in order for the City to concur with the analysis and verify functional l!fi,, we recommend that an explicit assessment of existing proposed buffer functions to demonstrate that the proposed mitigation will achieve functional equivalency". The rating form for the new wetland mitigation area, which includes Wetlands A and C are attached to this report as requested. The existing buffer of Wetlands A and C that will be impacted consists of an open deciduous forested canopy comprised of big leaf maple, some small western hemlock, as well as an open understory of vine maple, indian plum, Himalayan blackberry and scattered other small shrubs. Several trails, piles of trash and debris, several coal tailing piles, and a small homeless camp is found in this area. This area currently provides some thermal cover to the area around and along the edges of the wetland. It also provides a source of organic material which contributes to the soil composition as well as a source of food to invertebrates utilizing the wetland. The buffer provides some sound reduction from the surrounding residential uses abutting the property. The buffer also provides some barrier to human intrusion. However, the forest is relatively open and sound reduction in this area is not that high. Additionally, the use of the area by local youth on bikes etc. and on and off by homeless has further reduced this function as human use in and around these wetlands appears to occur regularly. Fieldbrook Commons!/ J-12 I Sewall Wetland Consulting, Inc. September 17, 2012 Page 2 of /5 Wetland buffers can also act as filters to runoff entering the wetland, acting to clean and filter contaminants form sheet flow into the wetland. This function appears relatively intact. The proposed wetland creation area will require some conversion of forested buffer to wetland. It will also shift existing upland forest outside of the existing wetland buffers of Wetlands A and C, into the buffer as the edge is expanded. In essence, the buffer remains forested except for portions of the buffer that require grading to connect into the wetland contours. The area to be merged into the buffer is of similar forested character as the existing buffer. The portions that will be graded and be replanted as buffer will have a temporary reduction in some buffer functions in the period (10+ years) it takes the installed tree species to attain a height of approximately 20' or more. Some of the functions that will increase will be the fact that the wetland and buffer area will be fenced preventing the current type of human intrusion in this area from occurring. The trash and debris within this area will be removed and non-native invasive Himalayan blackberry will be removed and replaced with native species with high values for habitat, thus increasing the species richness within the plant community. Numerous pieces of large wood will be placed within the wetland and buffer to increase buffer complexity and provide some habitat features currently not existing within this area. Page 3 paragraph 2: Future submittals shall include.full scale maps with scale bars and legible notes. See attached Final Mitigation Plan Page 4 paragraph 3: redundant to Page 3 paragraph I answered on page I of this report. Page 4 paragraph 5: redundant question asking for rating form of new mitigation area. See attached rating form. Page 5 paragraph 2: The city will request review of the hydrology monitoring data and analysis. A series of 6 monitoring pits/wells were located within the proposed wetland mitigation area (see attached wetland hydrology monitor point map). These were monitored with weekly site visits from April of2012-August 2012. At each of these points soil saturation and water table levels were measured to determine what surficial groundwater elevations are, to facilitate designing grades for the new wetland creation area. What we found was that within the proposed creation area, groundwater levels in the early growing Fieldbrook Commons/ I/-/ 2 I Sewall Wetland Consulting. Inc. September 17, 2012 Page 3 of 15 season area between 14" -30" below the existing surface (see table below). It is assumed in the very early growing season February and March) the groundwater elevations are shallower than the measurements we took, meaning the groundwater elevations are closer to the soil surface. As shown on the attached Final Mitigation Plan, we utilized these existing groundwater contours to create the new grades for our mitigation site. As can be seen by the grades and associated cross-sections, the grades will remove soil down to the existing groundwater elevations to create wetland areas with soils saturated to the surface for the early growing seasons, to also include flat areas that will hold some shallow I" -3" of surface water to provide a variety of wetland hydrologic regimes from saturated, to seasonally flooded. Table 1. Groundwater elevations below surface o 'hvdrolo, v monitorinJ! points 2012 Monitor DATE point& elev. 4/13 4/27 5/11 5/24 6/7 6/28 7/12 A417.5' -15 -14 -15 -20 -26 dry dry B418' -17 -16 -16 -22 -27 drv drv C417' -20 -18 -17 -20 -25 dry dry D416.5' -14 -14 -14 -16 -20 dry dry E418.5' -27 -26 -24 -30 -36 dry dry F418' -21 -22 -20 -28 -36 dry dry Note: All elevations indicate the elevation of the saturated capillary fringe of soil saturation observed in hydrology monitoring points. 8/12 dry drv dry dry dry dry Page 6 paragraph I: We recommend a design realignment of the trail to the outer 25% of the buffer to comply with Code. The City has requested that a trail be run along the mitigation and wetland areas to create additional public benefit. It is not possible to have a trail of any public value in the outer 25% of the buffer as it would essentially be a trail paralleling the development and within 12 feet of the development. In order to create a trail that will allow the public to walk through and view the critical areas on the site, we will need to go closer to the critical areas than the 25% Code allowance. As a compromise, the trail has been placed approximately halfway between all of the wetland areas, essentially splitting the buffer areas. This would allow a trail to pass around and along the majority of the wetland areas. To compensate for the area of the trail in the buffer, additional area has been added to the buffer as compensation. Page 6 paragraph 3: Refers to the proposed stormwater outfall and its potential impacts to Wetland B. Fieldbrook Commons!/ 1-121 Sewall Wetland Consulting, Inc. September 17, 2012 Page 4 of 15 The current stormwater outfall is release to a level spreader near the edge of wetland B. This outfall will release water from the same basin matching closely with existing drainage patterns on the undeveloped site. Wetland B already has a highly fluctuating water table as a result of historic modifications off-site. As a result, fluctuations of surface water (when present) up to 6" are seen in this wetland during storm events in short periods of time. As a result, the plant community in Wetland B generally consists of species tolerant of a highly fluctuating water table such as willows, hardhack and reed canary grass. No change in hydrology or the character of Wetland Bis anticipated. Page 7 paragraph l: If ten years of monitoring are required (by WADOE&Corps) an addendum to the mitigation plan will be prepared to address this change. The Final Mitigation Plan will be submitted to the Corps and WADOE using the City required 5 years of monitoring. If the Corps requires additional monitoring years, this will be changed to reflect this requirement. The revised Monitoring Plan notes are attached at the end of this report. Page 8 paragraph l: redundant requirement to address buffer functions answered on Pages l and 2 of this report. Page 10 paragraph 2: Performance standards for cover will be addressed in review of the final mitigation plan. See Final Mitigation Plan attached. If you have any questions or require any additional information please feel free to contact me at (253) 859-0515 or at esewall(a)sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Attached: Revised Conceptual Mitigation Plan 1.0 MITIGATION PROJECT OVERVIEW Fie/dbrook Commons!J /-/ 21 Sewall Wetland Consulting, Inc. September 17, 2012 Page 5 of 15 To compensate for the fill of a 9,334sf Category 2 &3 wetlands, it is proposed to create 25,508sf of wetland between Wetlands A and C. 2.0 MITIGATION CONCEPT AND GOALS 2.1 Mitigation Concept The mitigation proposal is to connect Wetlands A and C with an area of 25,508sf of wetland. The wetland creation areas will be densely planted with native vegetation. The use of diverse native plantings are expected to significantly improve the overall function of the wetland and buffer as it will remove dense thickets of exotic blackberry as well as add emergent and shrub plant communities into what is now, a single class forested wetland. 2.2 Mitigation Goals 2.2.1 Create 25,508sf of emergent, scrub shrub and forested wetland. 3.0 CONSTRUCTION SEQUENCE The construction sequence of this project will be implemented as follows: 3.1 Pre-construction meeting 3.2 Construction staking 3.3 Construction fencing and erosion control 3.4 Clearing and grading 3.5 Stabilization of mitigation area 3.6 Plant material installation 3.7 Construction inspection 3.8 Agency approval 3.9 Monitoring inspection and reporting 3.10 Silt fence removal 3.11 Project completion 3.1 Pre-construction Meeting A pre-construction meeting will be held on-site prior to commencement of construction, to include the biologist, the City, and the contractor. The approved plans and specifications will be reviewed to ensure that all parties involved Fie/dhrook Commons!l /-12 I Sewall Wetland Consulting, Inc. September 17, 2012 Page 6 of 15 understand the intent of the construction documents, specifications, site environmental constraints, sequences, and inspection requirements. 3.2 Construction Staking The limits of clearing and grading near the critical areas will be marked in the field by a licensed professional land surveyor prior to commencement of construction activities. 3.3 Construction Fencing & Erosion Control All erosion control measures adjacent to the critical areas, including silt fencing and orange construction fencing, will be installed. Erosion control fencing will remain around the mitigation area until clearing, grading and mulch placement are complete in upland areas outside the critical areas. 3.4 Clearing & Grading Clearing and grading in and near the existing sensitive area will be per the approved Final Mitigation Plans. 3.5 Stabilization of Mitigation Area All graded areas in the wetland or buffer will be stabilized with mulch upon completion of grading. Orange construction fencing and erosion control fences will be restored (if necessary) and placed around the critical areas. 3.6 Plant Material Installation All plant material will be planted by hand per detail and Construction and Planting Notes. The Mitigation Plan specifies the required size, species, quantity, and location of plant materials to be installed. The contractor will mulch areas disturbed during the planting process. Upon completion of the planting, the erosion control fencing will be restored and repaired. Plant substitutions or modifications to locations shall be approved in writing by the Owner's biologist prior to installation. 3.7 Construction Inspection Upon completion of installation, the City's biologist will conduct an inspection to confirm proper implementation of the Mitigation Plan. Any corrections, substitutions or missing items will be identified in a "punch list" for the landscape contractor. Items of particular importance will be soils in pits, pit size, plant species, plant size, mulch around pits, and tree staking. Fieldbrook Commons! 11-121 Sewall Wetland Consulting, Inc. September 17, 2012 Page 7 of 15 Upon completion of planting, if installation or materials vary significantly from the Mitigation Plan, the contractor will submit a reproducible "as-built" drawing to the Owner. 3.8 Agency Approval Following acceptance of the installation by the City, the City biologist should prepare a letter granting approval of the installation. 3.9 Monitoring The site will be monitored for 5 years to insure the success of the mitigation project. If additional years of monitoring are required by the Corps or W ADOE, the plan will be revised to reflect this change. 3.10 Silt Fence Removal Erosion control fencing adjacent to the mitigation area will remain in place for at least one year, and/ or until all areas adjacent to the mitigation area have been stabilized. The City's Biologist may recommend that the fencing remain in place for a longer duration. 4.0 CONSTRUCTION AND PLANTING NOTES 4.1 Site Preparation & Grading 4.1.1 The Landscape Contractor will approve existing conditions of subgrade prior to initiation of any mitigation installation work. The Landscape Contractor will inform the Owner of any discrepancies between the approved construction document and existing conditions. 4.1.2 The General Contractor will flag the limits of clearing with orange construction fencing and will observe these limits during construction. No natural features or vegetation will be disturbed beyond the designated "limits of clearing". 4.1.3 The Landscape Contractor will hand grub all non-native invasive plant species including the removal of root crowns. These species may include, but are not limited to Himalayan blackberry, evergreen blackberry, English ivy, and English holly. Weed debris will be disposed of off site. Fieldbrook Commons/I /-121 Sewall Wetland Consulting Inc. September I 7, 2012 Page 8 of/5 4.1.4 The wetland area will be excavated to the depths shown on the Final Mitigation Grading Plan and brought to final grade with 8" of topsoil. The biologist will be on-site to confirm the grading is acceptable for planting. 4.2 Plant Materials 4.2.lAll plant materials will be as specified in the plant schedule. Only vigorous plants free of defects, diseases and infestation are acceptable for installation. 4.2.2All plant materials will conform to the standards and size requirements of ANSI Z60.l "American Standard for Nursery Stock". All plant materials will be native to the northwest, and preferably the Puget Sound Region. Plant materials will be propagated from native stock; no cultivars or horticultural varieties will be allowed. All plant materials will be grown from nursery stock unless otherwise approved. 4.2.3 No balled and burlapped, or bare root plantings will be used. Container stock only. 4.2.4All plant materials stored on-site longer than two (2) weeks will be organized in rows and maintained by the contractor at no additional cost to the owner. Plant materials temporarily stored will be subject to inspection and approval prior to installation. 4.2.5Substitution requests must be submitted in writing to the Owner and approved by the Owner's biologist in writing prior to delivery to site. 4.2.6All plant materials will be dug, packed, transported and handled with care to ensure protection from injury. All plant materials to be stored on site more than 24 hours will be heeled into topsoil or sawdust. Precautionary measures shall be taken to ensure plant materials do not dry out before planting. Wetland plants will be shaded and saturated until time of installation. Immediately after installation the mitigation planting area will be saturated to avoid capillary stress. 4.2.7The contractor will verify all plant materials, the quantities shown on the planting plan, and the plant schedule. The quantity of plant materials shown on the plan takes precedent over the quantity on the plant list. 4.3 Plant Installation Fieldbrook Commons!! 1-121 Sewall }Vet/and Consulting. inc. Sep/ember 17, 2012 Page 9 of 15 4.3.lAll plant materials must be inspected prior to installation to verify conformance of the materials with the plant schedule including size, quality and quantity. Any plant or habitat materials deemed unsatisfactory will be rejected. 4.3.2 All plant materials delivered and accepted should be planted immediately as depicted on the mitigation plan. Plant materials not planted within 24 hours will be heeled-in per note 3.2.6. Plant materials stored under temporary conditions will be the sole responsibility of the contractor. Plants will be protected at all times to prevent the root ball from drying out before, during, or after planting. 4.3.3All planting pits will be circular with vertical sides, and will be sized per detail on the mitigation plan and filled with pit soils approved by the Owner's biologist. Planting pits shall not be deeper than the root ball. If native soils are determined to be unacceptable by the Owner's biologist, pit soils will be amended with Cedar Grove mulch or equivalent. 4.3.4No fertilizers will be used within the wetland. In buffer areas only, install "Agriform", or equal plant fertilizer to all planting pits as specified by manufacturer. Fertilizers are allowed only below grade in the planting pits in the buffer areas. No sewage sludge fertilizer ("SteerCo" or "Growco") is allowed in the mitigation area. 4.3.5All containerized plant materials will be removed from their containers carefully to prevent damage to the plant and its roots. Plants removed from their containers will be planted immediately. 4.3.6All plant materials will be placed as shown on the approved mitigation plan. If the final installation varies from the approved mitigation plan, the contractor will provide a reproducible mylar as-built of the installed conditions. All plant material will be flagged by the contractor. 4.4 Planting Schedule and Warranty 4.4.1 A fall-winter installation schedule (October 1st -March 15th) is preferred for lower mortality rates of new plantings. If plant installation occurs during the spring or summer (March 15th -Oct. 1st) a temporary irrigation system will be required, unless the area can be sufficiently hand-watered. f leldbrook Commons/11-12 I Sewall Wetland Consulting, Inc. September 17, 2012 Page lO of 15 4.4.2All disturbed areas will be protected with an arborists mulch to a minimum depth of six inches. 4.4.3 The installer will warrant all plant materials to remain healthy and alive for a period of one year after final acceptance. The installer will replace all dead or unhealthy plant materials per the approved plans and specifications. 4.5 Site Conditions 4.5.1 The installer will coordinate with the Owner and the Owner's biologist for construction scheduling. 4.5.2Landscape installation will begin after the City acceptance of grading and construction. The Owner will notify the Owner's biologist of acceptance of final grading. 4.5.3Silt fences will be installed as shown on the approved mitigation grading plans. The installer is responsible for repair and replacement of silt fences disturbed during plant installation. No equipment or soils will be stored inside the silt fences. 4.5.4After clearing and grading is complete in the mitigation area, exposed soils will be seeded or mulched. Orange construction fence will be placed around the mitigation area to prohibit equipment and personnel in the mitigation area. 4.5.SFinal grading will be based upon soil conditions found during excavation of the mitigation area. 4.5.6All plant material will be planted with suitable soils per planting details. Soils from planting holes will be spread and smoothed across the mitigation area. 5.0 MAINTENANCE PROGRAM This maintenance program outlines the program, procedures and goals for mitigation of the stream and buffer impacts at the mitigation site. This maintenance program will be the responsibility of the project owner through the duration of its ownership of the mitigation area, or throughout the duration of the monitoring period, whichever is longer. The maintenance contractor will complete the work as outlined below. 5.1 Maintenance Work Scope f ieldbrook Commons/ I I-/ 21 Sewall Wetland Consulting. Inc. September I 7, 2012 Page II ~f 15 5.1.1 To accomplish the mitigation goals, normal landscaping methods must be modified to include: a. No mowing or trimming of ground cover or vegetation in the mitigation area. b. No placement of fertilizers in the mitigation area. c. No placement of bark mulch or equivalent in the mitigation area, except as noted in the planting details. d. No placement of grass clippings, landscape debris, fill or ornamental plant materials in the mitigation area. 5.l.2Work to be included in each site visit: a. Remove all litter including paper, plastic, bottles, construction debris, yard debris, etc. b. Remove all blackberry varieties and scotch broom within the mitigation area. All debris is to be removed from site and disposed in an approved landfill. c. Repair silt and/ or permanent fencing and signage as needed. 5.1.3 Work to be completed on an annual basis includes: a. Areas containing Himalayan blackberry should be controlled by hand cutting the blackberry and removing the root crowns. As a last resort, treating the remaining cut stems only with a glyphosphate herbicide such as Roundup or Rodeo (applied by hand, not sprayed) by a licensed applicator can be utilized. b. Replace dead or failed plant materials. Replacement plantings are to be of same species, size and location as original plantings. Plantings are to be installed during the dormant period. c. Remove tree staking and guy wires from all trees after one year. 5.2 Maintenance Schedule The Owner will conduct all items listed in the Maintenance Work Scope on an annual basis. Additional work may be required per the Monitoring Report and as approved by the City Biologist. Additional work may include removal of the grasses around each shrub and tree, installation of wood chips at each shrub and tree base, reseeding the mitigation area, re-staking existing trees and erosion control protection. 5.3 Watering Requirements Fie/dbrook Commons/11-121 Sewall fVetland Consulting, Inc. Sept em her 17, 2012 Page 12 of 15 5.3.lWaterwing with a temporary irrigation system will be required during the first spring and summer after the installation. The temporary irrigation system may be removed after the first year providing the plantings are established and acclimated to on-site conditions. 5.4 Close-out of Five-Year Monitoring Program Upon completion of the monitoring program and acceptance of the wetland mitigation by the City Biologist, the maintenance of the project will be reduced to include removal of litter and debris, repair of perimeter fencing and signage, removal of noxious weeds and undesirable vegetation, and repair of vandalized areas. 6.0 WETLAND AND BUFFER MONITORING PROGRAM 6.1 Sampling Methodology The created wetlands and their associated buffers will be monitored once per year over a five-year period, starting with the first year after the plants have been installed,and as required by the City. Monitoring will be conducted using the techniques and procedures described below to quantify the survival and relative health and growth of plant material. A monitoring report submitted following each monitoring visit will describe and quantify the status of the mitigation at that time. The monitoring schedule will be determined after the plant installation has been completed. Typically, the first monitoring visit occurs one year after the installation sign-off. 6.1.1 Hydrology Wetland hydrology will be monitored using four (4) combination staff/ crest gauges as well as four hydrology monitoring holes dug each sampling period near the piezometer. These will be located within the restoration area to be placed at the time of the installation sign-off by the biologist. Surface water level or ground water saturation depths will be measured at these stations to determine if wetland hydrology has been successfully attained. As is noted in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), wetland hydrology is defined as inundation or soil saturation (usually within 12" of the surface) during the growing season. The growing season for this area is generally defined as the period between the middle of March and the middle of November. However, plant growth often occurs earlier in the year • Fieldbrook Commons/ 11-12 I Sewall Wetland Consulting. Inc. September I 7, 2012 Page 13 of 15 and sound professional judgment will be needed to determine when the growing season is taking place at the site. Hydrology will be monitored twice a month from March 1 '' through May 30th of each year. Wetland hydrology will be considered successfully created if wetland hydrology is observed inundating or saturating the soil within 12 inches of the surface during the growing season 6.1.2 Vegetation The vegetation monitoring consists of inspection of the planted material in late summer or early fall (August-September) to determine the health and vigor of the installation, as well as coverage estimates. All the planted material in the wetland and buffer will be inspected during each monitoring visit to determine the level of survival of the installation. All plants will be inspected and recorded as to whether they area alive or dead based upon the "as-built" in Years 1 & 2. In Years 3-5, coverage estimates will be used to determine success of the vegetation component. Two (2) transects will be established across the mitigation site within each plant community for a total of 6 transects. Within the emergent plant community coverage of vegetation will be measured with 0.25m rectangular plots. Estimates of coverage percentages will be made within these plots. A total of 10 sample points within the herbaceous/ emergent plant community will be randomly located during the installation sign off. At each of these points four samples, one in each quadrant will be taken. Within the scrub-shrub and forested plant communities 1/100 acre, circular plots will be used. A total of 10 randomly located plots along each transect will be recorded. Within each plot coverage estimates for both emergent and woody species will be recorded. Photographs of the mitigation area will be taken from 6 photo points to be located during the installation sign off as well as at each permanent monitoring plot. Photographs will be taken at each of the monitoring and included with the monitoring report for each year from these points. During years I & 2 of the monitoring, replacement plants as well as dead plants will be flagged with distinctive flagging to distinguish what plants these are. • 6.2 STANDARDS OF SUCCESS fteldbrook Commons' 11-121 Sewall Wetland Consulting, fnc. September 17, 2012 Page 14 of 15 1.a Evaluation of the success of the mitigation project will be based upon an 100% survival for all installed planted woody vegetation at the end of year 1. 1.b Evaluation of the success of the mitigation project will be based upon an 90% survival for all planted woody vegetation at the end of years 2. 1.c Years 3&5-Achieve at least 60% cover of woody species in shrub and forested plant communities by Years 3&4 and 50% cover of emergent species. 1.d Not more than 10%cover of non-native invasive species within mitigation area at any time. 2. The wetland mitigation project will create 25,508sf of wetland meeting at least the vegetation and hydrology criteria for a wetland as described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). The new wetland area will be delineated in Year 5 to establish and insure adequate wetland has been created. 3. Volunteer native, non-invasive species will be included as acceptable components of the mitigation for percent coverage measurements. 7.0 CONTINGENCY PLAN 7.1 A contingency plan can be implemented if necessary. Contingency plans can include regrading, additional plant installation, erosion control, modifications to hydrology, and plant substitutions including type, size, and location. 7.2 Careful attention to maintenance is essential in ensuring that problems do not arise. Should any of the site fail to meet the success criteria, a contingency plan will be developed and implemented with the City approval. Such plans are prepared on a case-by-case basis to reflect the failed mitigation characteristics. 7.3 Contingency/ maintenance activities will include, but are not limited to: -Replacing all plants lost to vandalism, drought, or disease, as necessary. Fie/dbrook Commons/] 1-121 Sewa// Wetland Consulting, Inc. September 17, 2012 Page 15 of 15 -Replacing any plant species with a 20 percent or greater mortality rate with the same species or similar species approved by the City Biologist. -Irrigating the mitigation area only as necessary during dry weather if plants appear to be too dry, with a minimal quantity of water. -Reseeding wetland and buffer areas with an approved grass mixture as necessary if erosion/ sedimentation occurs. -Removing all trash or undesirable debris from the wetland and buffer areas as necessary. Fieldbrook Coininons Final PUD -Geotechnical Reports- May 6, 2013 ES-2089.02 PNW Holdings, LLC c/o American Classic Homes 9725 Southeast 36th Street, Suite 214 Mercer Island, Washington 98040 Attention: Mr. Justin Lagers Subject: Plan Review and Minimum Risk Statement Proposed Fieldbrook Residential Plat Southeast 172"d Street Renton, Washington Reference: Earth Solutions NW, LLC Geotechnical Engineering Study ES-2089, dated December 13, 2011 Dear Mr. Lagers: Earth Solutions NW LLC • Geotechnical Engineering • Construction Monitoring • Environmental Sciences In accordance with your request, Earth Solutions NW, LLC (ESNW) has prepared this letter providing additional pavement recommendations for the subject project. We understand as part of the SEPA conditional approval (item #10), verification that pavement designs near the proposed trash collection area can withstand HS-20 commercial/emergency vehicle loading. We understand the trash enclosure area has been relocated out of the Coal Mine Hazard buffer area. In our opinion, the following pavement section recommendations will provide adequate support for occasional HS-20 traffic loading associated with trash collection and commercial/emergency vehicles. This section is also provided in the referenced geotechnical engineering study. Heavy Pavements The performance of site pavements is largely related to the condition of the underlying subgrade. To provide adequate pavement performance, the subgrade should be in a firm and unyielding condition when subjected to proofrolling with a loaded dump truck. Structural fill in pavement areas should be compacted as recommended in the "Site Preparation and Earthwork" section of the referenced geotechnical engineering study. It is possible that soft, wet, or otherwise unsuitable subgrade areas may still exist after base grading activities. Areas of unsuitable or yielding subgrade conditions will require remedial measures such as overexcavation, placement of a geotextile and thicker crushed rock or structural fill sections prior to pavement. 1805 -136th Place N.E., Suite 201 • Bellevue, WA 98005 • (425) 449-4704 • FAX (425) 449-4711 PNW Holdings, LLC c/o American Classic Homes May 6, 2013 ES-2089.02 Page 2 For relatively high volume, heavily loaded pavements subjected to moderate to high, loaded truck traffic, the following preliminary pavement sections can be considered: • Three inches of hot-mix asphalt (HMA) placed over six inches of crushed rock base (CRB), or; • Three inches of HMA placed over four and one half inches of asphalt treated base (ATB). The HMA, ATB and CRB materials should conform to WSDOT specifications. All soil base material should be compacted to at least 95 percent of the maximum dry density. Final pavement design recommendations can be provided once final traffic loading has been determined. We trust this letter meets your current needs. If you have any questions, or if additional information is required, please call. Sincerely, EARTH SOLUTIONS NW, LLC Raymond A Coglas, P.E. Principal Earth Solutions NW, LLC PREPARED FOR PNW HOLDINGS, LLC October 31, 2011 Revis ·December 13, 2011 Kyle R. Campbell, P.E. Principal REVISED GEOTECHNICAL ENGINEERING STUDY PROPOSED FIELDBROOK COMMONS RESIDENTIAL PLAT SOUTHEAST 172ND STREET RENTON, WASHINGTON ES-2089 Earth Solutions NW, LLC 1805. 136 1h Place Northeast, Suite 201 Bellevue, Washington 98005 Phone: 425-449-4704 Fax: 425-449-4711 Toll Free: 866-336-8710 October 31, 2011 Revised December 13, 2011 ES-2089 PNW Holdings, LLC c/o American Classic Homes 9725 Southeast 36th Street, Suite 214 Mercer Island, Washington 98040 Attention: Mr. Justin Lagers Dear Mr. Lagers: Earth Solutions NW LLC • Ceotechnkal Engineering ~ Construction Monitoring • Environmental Sciences Earth Solutions NW, LLC (ESNW) is pleased to present this report titled "Geotechnical Engineering Study, Proposed Fieldbrook Commons Residential Plat, 172nd Avenue Southeast, Renton, Washington". In general, the site is underlain native soils consisting primarily of firm sandy glacial till deposits with two exceptions. Loose organic fill is present in the western portion o the site and fill containing coal debris is present in the eastern margins of the development envelope. In our opinion, the proposed residential buildings can be supported on conventional continuous and spread footing foundations bearing on competent native soils, re- compacted native soils, or structural fill. Competent soils suitable for support of foundations should be encountered at depths of between one to three feet below existing grades at most locations. Where loose or unsuitable soil conditions are exposed at foundation subgrade elevations, compaction of the soils to the specifications of structural fill, or overexcavation and replacement with a suitable structural fill material will be necessary. The fill present within foundation areas should be removed and replaced with structural fill. Groundwater seepage was not observed at the majority of test pit locations except within areas of fill. However, in our opinion, perched seepage should be expected during grading activities. Recommendations for foundation design, site preparation, drainage, and other pertinent recommendations are provided in this study. We appreciate the opportunity to be of service to you on this project. If you have questions regarding the content of this geotechnical engineering study, please call. Sincerely, EARTH SOLUTIONS NW, LLC 1805 -136th Place N.E., Suite 201 • Bellevue, WA 98005 • (425) 449-4704 • FAX 1425) 449-4711 TABLE OF CONTENTS ES-2089 PAGE INTRODUCTION ...................................... , . . . . . . . .. . . . .. . . . . . . . . . . . . . . 1 General ...................................................................... 1 Project Description....................................................... 1 SITE CONDITIONS ........ , .......... , ................................ , . . . . . . . .. .. . . 2 Surface........................................................................ 2 Subsurface ........................................................ ,.......... 2 Fill..................................................................... 2 Topsoil............................................................... 3 Native Soil ........... , . , . . .. .. . .. . . . .. . .. . .. . .. .. .. . . . . . .. .. . . . . .. . . 3 Geologic Setting ............... , ............. ,.................... 3 Groundwater................................................................. 3 Coal Mine Hazard Buffers..................................... 3 DISCUSSION AND RECOMMENDATIONS.................................. 4 General.. ........ , ........................................................ ,,... 4 Site Preparation and General Earthwork........................... 4 Wet Season Grading............................................. 5 In-situ Soils.................................................................... 5 Imported Soils ............................... ,............................... 6 Structural Fill ............................................................... ,. 6 Wetland Filling............................................. 6 Foundations ........................................... ,.................... 6 Seismic Design Considerations...................................... 7 Slab-On-Grade Floors ...................... , .... ,........................ 7 Retaining Walls............................................................ 8 Drainage ...................................................................... ,............ 8 Infiltration ................................... , ........ ,............... 8 Excavations and Slopes.......................................................... 9 Utility Trench Backfill..................................................... 9 Pavement Sections ... ........... .. .. . . .. ..... . ... ..... ... . . .. .. .. . .. . .... 9 LIMITATIONS........................................................................ 10 Additional Services.............................. .. . . . . .. . . . . . . . . .. . . . .. . . 10 Earth Solutions I-NY, LLC GRAPHICS PLATE 1 PLATE 2 PLATE 3 PLATE4 APPENDICES Appendix A Appendix B TABLE OF CONTENTS Cont'd ES-2089 VICINITY MAP TEST PIT LOCATION PLAN RETAINING WALL DRAINAGE DETAIL FOOTING DRAIN DETAIL Subsurface Exploration Test Pit Logs Laboratory Test Results Earth Solutions NW, LLC GEOTECHNICAL ENGINEERING STUDY PROPOSED FIELDBROOK COMMONS RESIDENTIAL PLAT S0UTHEAST172N°STREET RENTON, WASHINGTON ES-2089 INTRODUCTION General This geotechnical engineering study was prepared for the proposed residential development to be constructed north of Southeast 172nd Street in Renton, Washington. The purpose of this study was to explore subsurface conditions across the site and develop geotechnical recommendations for the proposed development. Our scope of services for completing this geotechnical engineering study included the following: • Conducting subsurface explorations within accessible portions of the development envelope; • Laboratory testing of soil samples obtained from the subsurface exploration; • Engineering analyses, and; • Preparation of this report. The following documents/maps were reviewed as part of our report preparation: • Preliminary Site Plan prepared by Riebe & Associates, Inc. dated September 8, 2011; • City of Renton ERC Report, dated June 23, 2008 for project LUAOB-034 SHPL-H, ECF; • Geologic Map of the Renton Quadrangle, Minard 1965; • King County USDA Soil Conservation Survey (SCS); • Geotechnical Engineering Report prepared by Cornerstone Geotechnical, Inc. for Wagner Property, LLC dated October 11, 2006, and; • Coal Mine Hazard Evaluation Report, prepared by Icicle Creek Engineers for Gem Construction Inc. dated September 12, 2007. Project Description We understand the subject site will be developed with 13 two and three-story apartment buildings, a recreation facility, access roadways, and associated utility improvements. The remainder of the site will be developed with general landscaping, a storm water retention pond, and asphalt paved driveways. We anticipate the residential structures will be constructed near existing site grades using a slab-on-grade configuration. Grading activities will likely involve cuts and fills on the order of ten feet or less to establish the final design grades. Stormwater will be conveyed to a detention pond located in the eastern portion of the property, and a vault on the west side. PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 ES-2089 Page 2 Building construction is anticipated to consist of relatively lightly-loaded wood framing and slab- on-grade floors. Perimeter foundation loading is expected to range from approximately one to two kips per foot. Slab-on-grade loading is expected to be on the order of 150 psf. The proposed stormwater detention pond will likely consist of cut slopes on the west and fill berms on the east. If the above design assumptions are incorrect or change, ESNW should be contacted to review the recommendations in this report. ESNW should review the final design to confirm that our geotechnical recommendations have been incorporated into the plans. SITE CONDITIONS Surface The site is located in the northeastern corner of the intersection between 1 oath Avenue Southeast and Southeast 172nd Street in Renton, Washington. The approximate location of the property is illustrated on Plate 1 (Vicinity Map) included in this study. The site is irregular in shape and consists of several adjoining tax parcels. The site is currently forested, except in the northwestern corner where a fire station and associated improvements are located, and a small shack in heavy disrepair is located in the north-central portion of the site. The site is bordered to the north by existing residential parcels, to the east by wetlands and open space, to the south by Southeast 172nd Street and to the west by 1 oath Avenue Southeast. The existing site topography generally undulates between a high of about 436 feet to a low of about 420 feet with the majority of gradients less than about 25 percent. Vegetation consists primarily of forested areas. Subsurface An ESNW representative observed, logged and sampled seven test pits excavated using a backhoe and operator provided by the client. The approximate locations of the test pits are depicted on the Test Pit Location Plan (Plate 2). Please refer to the test pit logs provided in Appendix A for a more detailed description of the subsurface conditions. The southern parcel was acquired after the fieldwork conducted by ESNW. The soil conditions reported by others across that parcel and within the proposed development envelope consist primarily of firm native glacial till-type deposits. Fill Two areas of fill were encountered during our fieldwork; in the extreme east portion of the site, near an old coal mining area and along the west project frontage. Loose to medium dense silty sand with scattered coal tailing material (Unified Soil Classification SM) was encountered in the upper approximately six feet at test pit location TP-4. Along the western site frontage (TP-1, TP-6 and TP-7) about three to three and one-half feet of loose silty sand with gravel (SM) fill was overlying loose silty sand with gravel fill which contained abundant woody and organic debris and extended to depths of 12, 9.5 and 3 feet, respectively. Earth Solutions NW, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 Topsoil ES-2089 Page 3 Topsoil was encountered at all test pit locations extending lo depths of between about four to eight inches. Topsoil is not suitable for use as structural fill nor should it be mixed with material to be used as structural fill. Topsoil or otherwise unsuitable material can be used in landscaping areas if desired. Native Soil In general, underlying the fill and topsoil, medium dense to dense native silly sand with gravel (SM) was encountered extending to the maximum termination depth of about 13 feet below existing grades. Isolated sand layers (SP-SM) were encountered at some test pit locations. At test pit location TP-4, underlying the fill, stiff sill (ML-MH) and hard clay (CL) was encountered extending to the termination depth of 12 feet. This location is relatively close to a mapped wetland and may represent old wetland deposits. Geologic Setting The referenced geologic map resource identifies glacial till (Qgt) deposits across the site and surrounding areas. The referenced SCS soil survey identifies Alderwood series soils across the entirety of the site. Alderwood soils formed in glacial till and typically present a slight to moderate erosion hazard and slow to medium runoff. The soil conditions observed at the test pit locations are generally consistent with glacial till deposits. Groundwater Perched groundwater was observed within the fill zones at several test pit locations during the fieldwork (June 2011. Perched seepage should be anticipated in general site excavations. Groundwater seepage rates and elevations fluctuate depending on many factors, including precipitation duration and intensity, the time of year, and soil conditions. In general, groundwater flow rates are higher during the wetter, winter months. Coal Mine Hazard Evaluation The referenced ERC report provides a review of the coal mine hazard evaluations prepared by others for the newly acquired site to the south of Southeast 172"d Street. ESNW reviewed the report and are in general agreement with the evaluation and setback recommendations. A moderate coal mine hazard and associated setback has been delineated. Based on the evaluation provided in the referenced geotechnical report, the recommended setback has been delineated on the Test Pit Location Plan (Plate 2) of this report. Earth Solutions r-rw, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 DISCUSSION AND RECOMMENDATIONS General ES-2089 Page 4 In our opinion, construction of the proposed residential development is feasible from a geotechnical standpoint. The proposed residential buildings can be supported on conventional continuous and spread footing foundations bearing on competent native soils, re-compacted native soils, or structural fill. Slab-on-grade floors should be supported on dense native soil or structural fill. Competent soils suitable for support of foundations should be encountered at depths of between one to three feet below existing grades. Where loose or unsuitable soil conditions are exposed at foundation subgrade elevations, compaction of the soils to the specifications of structural fill, or overexcavation and replacement with a suitable structural fill material will be necessary. Organic fill, such as the material present within the eastern and western project envelope should be removed and replaced with structural fill. Recommendations for foundation design, site preparation, drainage, and other pertinent geotechnical recommendations are provided in the following sections of this study. This study has been prepared for the exclusive use of PNW Holdings, LLC and their representatives. No warranty, expressed or implied, is made. This study has been prepared in a manner consistent with the level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. Site Preparation and Earthwork Site preparation activities will involve removal of existing structures, site clearing and stripping, and implementation of temporary erosion control measures. The primary geotechnical considerations associated with site preparation activities include building pad subgrade preparation, underground utility installations, and preparation of pavement subgrade areas. Temporary construction entrances and drive lanes, consisting of at least 12 inches of quarry spalls can be considered in order to minimize off-site soil tracking and to provide a stable access entrance surface. Erosion control measures should consist of silt fencing placed along the down gradient side of the site. Soil stockpiles should be covered or otherwise protected to reduce soil erosion. Temporary sedimentation ponds or other approaches for controlling surface water runoff should be in place prior to beginning earthwork activities. Topsoil and organic-rich soil was encountered generally within the upper approximately four to eight inches at the test pit locations. Topsoil and organic-rich soil is not suitable for foundation support, nor is it suitable for use as structural fill. Topsoil or organic-rich soil can be used in non-structural areas if desired. Over-stripping of the site, however, should be avoided. A representative of ESNW should observe the initial stripping operations, to provide recommendations for stripping depths based on the soil conditions exposed during stripping. Earth Solutions r-NV, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 ES-2089 Page 5 Subgrade conditions expected to be exposed throughout the proposed building and pavement areas will likely be comprised of silty sand deposits, except in the area of Building A where loose organic fill was encountered and portions of Building M, where fill and/or silt and clay deposits were encountered. Loose organic or otherwise unsuitable material should be removed from foundation areas and replaced with structural fill. After the completion of site stripping and rough grading activities ESNW recommends a proofroll utilizing a fully loaded solo dump truck in order to determine the suitability of the exposed native soils for support of foundations and roadways. ESNW should be retained during this phase of earthwork to observe the proofroll and other earthwork activities. The soils exposed throughout subgrade areas should be compacted to structural fill specifications prior to constructing the foundation, slab, and pavement elements. The subgrade throughout pavement areas should be compacted as necessary and exhibit a firm and unyielding condition when subjected to the proofrolling with a loaded solo dump truck. Structural fill soils placed throughout foundation, slab, and pavement areas should be placed over a firm base. Loose or otherwise unsuitable areas of native soil exposed at subgrade elevations should be compacted to structural fill requirements or overexcavated and replaced with a suitable structural fill material. Where structural fill soils are used to construct foundation subgrade areas, the soil should be compacted to the requirements of structural fill described in the following section. Foundation subgrade areas should be protected from disturbance, construction traffic, and excessive moisture. Where instability develops below structural fill areas, use of a woven geotextile below the structural fill areas may be required. A representative of ESNW should observe structural fill placement in foundation, slab, and pavement areas. Wet Season Grading The high moisture sensitivity of the site soils expected to be exposed during excavations will make grading during periods of rain and/or snow difficult or impossible. Mass grading should take place during the late summer months when conditions are more favorable. If grading takes place during the wetter winter or spring months, a contingency in the project budget should be included to allow for export of native soil and import of structural fill as described below. In-situ Soils The soils encountered throughout the majority of the test sites have a high sensitivity to moisture and were generally in a moist condition at the time of the exploration (June 2011 ). In general, soils encountered during site excavations that are excessively over the optimum moisture content will require moisture conditioning (aeration) prior to placement and compaction. Conversely, soils that are below the optimum moisture content will require moisture conditioning through the addition of water prior to use as structural fill. If the in-situ soils are determined to not be suitable for use as structural fill, then use of a suitable imported soil may be necessary. Earth Solutions NW, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 Imported Soils ES-2089 Page6 Imported soil intended for use as structural fill should consist of a well graded granular soil with a moisture content that is at or near the optimum level. During wet weather conditions, imported soil intended for use as structural fill should consist of a well graded granular soil with a fines content of 5 percent or less defined as the percent passing the #200 sieve, based on the minus three-quarter inch fraction. Structural Fill Structural fill is defined as compacted soil placed in foundation, slab-on-grade, and roadway areas. Fills placed to construct permanent slopes and throughout retaining wall and utility trench backfill areas are also considered structural fill. Soils placed in structural areas should be placed in loose lifts of 12 inches or less and compacted to a relative density of 90 percent, based on the laboratory maximum dry density as determined by the Modified Proctor Method (ASTM D-1557). Soil placed in the upper 12 inches of slab-on-grade, utility trench, and pavement areas should be compacted to a relative compaction of at least 95 percent. Additionally, more stringent compaction specifications may be required for utility trench backfill zones, depending on the responsible utility district or jurisdiction. Wetland Filling Due to the undulating relief across the site, several small, unregulated wetland areas will be filled and/or mitigated. These areas were not explored during our fieldwork. In general, organic or otherwise deleterious material should be removed prior to placement of structural fill in these areas. ESNW should be on-site to observe conditions in the wetland mitigation areas to provide recommendations for grading. Foundations Based on the results of our study, the proposed residential structures can be supported on conventional spread and continuous footings bearing on competent native soils, re-compacted native soils, or structural fill. Based on the soil conditions encountered at the test sites, competent native soils suitable for support of foundations should be encountered at depths of between two to four feet below existing grades; except buildings A and M. Where loose or unsuitable soil conditions are exposed at foundation subgrade elevations, compaction of the soils to the specifications of structural fill, or overexcavation and replacement with structural fill, may be necessary. The location of building A is underlain by loose, organic fill up to about 12 feet deep. Building M is underlain by about six feet of silt fill overlying firm clay deposits. Existing fill located beneath buildings must be removed and replaced with structural fill. If subgrade conditions warrant, a woven geotextile fabric should be placed at the subgrade prior to placement of structural fill. Conditions should be observed by ESNW during construction. Earth Solutions NW, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 ES-2089 Page? Provided foundations will be supported as described above, the following parameters can be used for design of new foundations: • Allowable soil bearing capacity • Passive earth pressure • Coefficient of friction 2,500 psf 350 pcf (equivalent fluid) 0.4 A one-third increase in the allowable soil bearing capacity can assumed for short-term wind and seismic loading conditions. The above passive pressure and friction values include a factor-of- safety of 1.5. With structural loading as expected, total settlement in the range of one inch and differential settlement of about one-half inch is anticipated. The majority of the settlements should occur during construction, as dead loads are applied. Seismic Design Considerations The 2009 International Building Code specifies several soil profiles that are used as a basis for seismic design of structures. Based on the soil conditions observed at the test sites, Site Class C, from table 1613.5.2, should be used for design. In our opinion, the site is not susceptible to liquefaction based on the relative density of the native soils and the lack of a shallow groundwater table. Slab-On-Grade Floors Slab-on-grade floors for residential buildings constructed at this site should be supported on a firm and unyielding subgrade. Where feasible, the existing native soils exposed at the slab-on- grade subgrade level can be compacted in place to the specifications of structural fill. Unstable or yielding areas of the subgrade should be recompacted or overexcavated and replaced with suitable structural fill prior to construction of the slab. A capillary break consisting of a minimum of four inches of free draining crushed rock or gravel should be placed below the slab. The free draining material should have a fines content of 5 percent or less (percent passing the #200 sieve, based on the minus three-quarter inch fraction). In areas where slab moisture is undesirable, installation of a vapor barrier below the slab should be considered. ff a vapor barrier is to be utilized it should be a material specifically designed for use as a vapor barrier and should be installed in accordance with the manufacturer's specifications. Earth Solutions NW, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 Retaining Walls ES-2089 Page 8 Retaining walls must be designed to resist earth pressures and applicable surcharge loads. The following parameters can be used for retaining wall design: • Active earth pressure (yielding wall) • At-rest earth pressure (restrained wall) • Traffic surcharge for passenger vehicles (where applicable) • Passive resistance • Coefficient offriction • Seismic surcharge 35 pcf (equivalent fluid) 55 pcf 70 psf (rectangular distribution) 350 pcf (equivalent fluid) 0.4 6H (where H equals retained height) Additional surcharge loading from adjacent foundations, sloped backfill, or other loads should be included in the retaining wall design. Drainage should be provided behind retaining walls such that hydrostatic pressures do not develop. If drainage is not provided, hydrostatic pressures should be included in the wall design. Retaining walls should be backfilled with free draining material that extends along the height of the wall, and a distance of at least 18 inches behind the wall. The upper one foot of the wall backfill can consist of a less permeable soil, if desired. A perforated drain pipe should be placed along the base of the wall, and connected to an approved discharge location. A typical retaining wall drainage detail is provided on Plate 3. Drainage Perched groundwater should be anticipated in site excavations. Temporary measures to control surface water runoff and groundwater during construction would likely involve interceptor trenches and sumps. ESNW should be consulted during preliminary grading to identify areas of seepage and to provide recommendations to reduce the potential for instability related to seepage effects. In our opinion, foundation drains should be installed along building perimeter footings. A typical foundation drain detail is provided as Plate 4. Infiltration Based on the presence of glacial till (hardpan) deposits and perched groundwater, in our opinion infiltration on the site or individual slots is not feasible. Earth Solutions rm, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 Excavations and Slopes ES-2089 Page 9 The Federal Occupation Safety and Health Administration (OSHA) and the Washington Industrial Safety and Health Act (WJSHA) provide soil classification in terms of temporary slope inclinations. Based on the soil conditions encountered at the test pit locations, the weathered native soils encountered in the upper approximately four feet of the test pit locations and where fill and/or groundwater seepage is exposed are classified as Type C by OSHA/WJSHA. Temporary slopes over four feet in height in Type C soils must be sloped no steeper than 1.5H:1V (Horizontal:Vertical). Medium dense to dense native soils encountered below about four feet and where no groundwater seepage is exposed would be classified as Type A by OSHA/WISHA. Temporary slopes over four feet in height in Type A soils must be sloped no steeper than 0.75H:1V. The presence of perched groundwater may cause caving of the temporary slopes due to hydrostatic pressure. ESNW should observe site excavations to confirm the soil type and allowable slope inclination are suitable for the exposed soil conditions. If the recommended temporary slope inclination cannot be achieved, temporary shoring may be necessary to support excavations. Permanent slopes should maintain a gradient of 2H:1V, or flatter, and should be planted with vegetation to enhance stability and to minimize erosion. A representative of ESNW should observe temporary and permanent slopes to confirm the slope inclinations, and to provide additional excavation and slope recommendations, as necessary. Utility Support and Trench Backfill In our opinion, the soils anticipated to be exposed in utility excavations should generally be suitable for support of utilities. Organic or highly compressible soils encountered in the trench excavations should not be used for supporting utilities. The native soils are moisture sensitive and will therefore be difficult to use as structural trench backfill if the moisture content of the soil is high. Moisture conditioning of the soils will likely be necessary prior to use as structural backfill. Utility trench backfill should be placed and compacted to the specifications of structural fill provided in this report, or to the applicable City of Renton specifications. Groundwater seepage should be anticipated within utility trench excavations. Caving of the trench sidewalls due to hydrostatic pressure may occur and temporary shoring may be necessary. Pavement Sections The performance of site pavements is largely related to the condition of the underlying subgrade. To provide adequate pavement performance, the subgrade should be in a firm and unyielding condition when subjected to proofrolling with a loaded dump truck. Structural fill in pavement areas should be compacted as recommended in the "Site Preparation and Earthwork" section of this report. It is possible that soft, wet, or otherwise unsuitable subgrade areas may still exist after base grading activities. Areas of unsuitable or yielding subgrade conditions will require remedial measures such as overexcavation, placement of a geotextile and thicker crushed rock or structural fill sections prior to pavement. Earth Solutions NW, LLC PNW Holdings, LLC October 31, 2011 Revised December 13, 2011 ES-2089 Page 10 For lightly loaded pavement areas subjected primarily to passenger vehicles, the following preliminary pavement sections can be considered: • Two inches of hot-mix asphalt (HMA) placed over four inches of crushed rock base (CRB), or; • Two inches of HMA placed over three inches of asphalt treated base (ATB). For relatively high volume, heavily loaded pavements subjected to moderate to high, loaded truck traffic, the following preliminary pavement sections can be considered: • Three inches of hot-mix asphalt (HMA) placed over six inches of crushed rock base (CRB), or; • Three inches of HMA placed over four and one half inches of asphalt treated base (ATB). The HMA, ATB and CRB materials should conform to WSDOT specifications. All soil base material should be compacted to at least 95 percent of the maximum dry density. Final pavement design recommendations can be provided once final traffic loading has been determined. If areas of seepage are exposed in roadway excavations, drains should be installed in these areas to allow removal of the water. Specific recommendations and details for roadway drainage can be provided upon request. LIMITATIONS The recommendations and conclusions provided in this geotechnical engineering study are professional opinions consistent with the level of care and skill that is typical of other members in the profession currently practicing under similar conditions in this area. A warranty is not expressed or implied. Variations in the soil and groundwater conditions observed at the test locations may exist, and may not become evident until construction. ESNW should reevaluate the conclusions in this geotechnical engineering study if variations are encountered. Additional Services ESNW should have an opportunity to review the final design with respect to the geotechnical recommendations provided in this report. ESNW should also be retained to provide testing and consultation services during construction. Earth Solutions r-lW. LLC Reference: King County, Washington Map 656 By Thomas Brothers Maps Dated 2009 NOTE: This plate may contain areas of color. ESNW cannot be responsible for any subsequent misinterpretation of the information resulting from black & white reproductions of this plate. Drwn. GLS Checked SSR Vicinity Map Fieldbrook Commons King County, Washington Date 09/15/2011 Proj. No. Date Sept. 2011 Plate 2089 1 (_ _____ _) ; ____ I J ,,,/ ,---T---+----,; I I I \ // I I I \ / , I J / 410 --------" --1 4301 I 430 I 42 '/ , ,-I I I l / ', :::-"°"-,"--,-,---~L-.:.. I-------=:=---;7""--=--=~1-~ T-_I.;._ --'i' -:;-,-:~__..,,.--~ ""'"".?-~-:::'.~~~~~ ~-+ _:::l:::_±_1 -.... \. I \ '\ ' > ~/ \_.,.--1 \ I --.... \ .,, ,,, // .... a~ J?;(° ----....__ ~ \.\,1.± ::J,,:. --~ __ ,. r-/ I I'...._ l I \ '\ ', \ / / /;,, .I~ --.,,.-----.......... ---,_' '\ \~ -±.I.~ / c..:::.. _.... I ; ·~--:-~ , \ \ ( .-l::tG-&/ I '\ , ~ :::k -Jr , ~ _,,. d "'I...., -...........,,...._. '-u _. /"I I --..._) \. \ I! I// ...,....*.i/ ; .,,-------...... ..,,---"\ \ I').~. -=::J?. ,J/ , I C ~± -y / / -..... 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' \ \ -.... \ \\ ~ -- / I ""/' \.\., I I'---, ,w·-, -\,',?/, //,k: .,, I \ ', , , \ \l± ,.,.-1,,1 __.,,.,,r-,//,±.~ I \,,,I\- 1 \ \ \ /""/ / j,,,. ::4? :::k / ,,,-.-_, .------\~ \ \ \ I ~ f I I \ -.,,, I ::.L::: ~ -~ ~ I / \ \\ I I \ I '{ ~ J / / / I.. / .,,./ --::.1::::1.I ', j / \ \ I \ \ /"* .,,.,,, I I I I _; -.,,. -' ) ~ )¥. * -~ .,. \ \ \1 I I I \ ~ ,/ a \ _1" // »:'.: ~ J \ \ \ '\:~\ \ I I \ ,,,.-\ I\ \ / ,,-::.L:::. ~1 -~ -) \ \ '\,,, I \ J ::,_ .,,. I I \ \ / // /i_ ~ / ,I/ ::.k_ :4q ! ) \ ':;-'\I \ I /6,,k_ I I/ ~ -~ T -( I I I ,"''\~\,1 I y- \ I \ \ ...._ ...._ ( :;k ~ \ ~ ~ ~ ~ l I I \. '\'\ \ ~ I _\:::k \ ~ \' ---,-----~~-_,_.1..:. _ -=\ .. -_ ....i_ -_ l,J__ ~ --~\'f~ -/1-- , I \ \ i--._ _..., _ _::::_ ___ -=--....::::-:. .....::'.::::._ _-,:.:.._ -L ...::::,_ -_ ....... _--~ 430 , S.E. 172ND STREET . ---:.r---.. . I --------,--------.....:: J I \ I '(/----,-----j,, 420 420 420 410 I \ I I I 11 I V I I LEGEND P-1-f-Approximate Location of ESNW Test Pit, Proj. No. ES-2089, June 2011 ---1 Subject Site ~ Proposed Building ----1 I I I I Z-±""~ . -±- Existing Building Approximate Wetland Area ±.1.-.,J fnolino'!:llfO~ h\/ ("\fho.rc\ I I I t r I I I I I I Setback Line 1 , J , 1 1 / (~lineated By Others) /-, , ..,t' (I:. -Coal Mine 'l Hazard Line -/(Delineated By Others) --...... __ _., ,.,,. / .............. / / L_.:;;:::...._.......,._.L _____ _ 0 100 200 I LI Scale in Feet 1"=100' NOTE: The graphics shown on this plate are not intended for c purposes or precise scale measurements, but only to illustrate approximate test locations relative to the approximate location existing and/ or proposed site features. The information illustr is largely based on data provided by the client at the time of 01 study. ESNW cannot be responsible for subsequent design ch or interpretation of the data by others. 111 111 111 NOTES: • Free Draining Backfill should consist of soil having less than 5 percent fines. Percent passing #4 should be 25 to 75 percent. • Sheet Drain may be feasible in lieu of Free Draining Backfill, per ESNW recommendations. • Drain Pipe should consist of perforated, rigid PVC Pipe surrounded with 1" Drain Rock. LEGEND: Free Draining Structural Backfill 18" Min. Structural Fill SCHEMATIC ONLY-NOTTO SCALE NOT A CONSTRUCTION DRAWING RETAINING WALL DRAINAGE DETAIL Fieldbrook Commons King County, Washington Drwn. GLS Date 09/16/2011 Proj. No. 2089 Checked SSR Date Sept. 2011 Plate 3 Slope ... ,•,·, 2" (Min.) Perforated Rigid Drain Pipe (Surround with 1" Rock) NOTES: • Do NOT tie roof downspouts to Footing Drain. • Surface Seal to consist of ............ .............. rl'•rl'•rl'•rl'•rl' ............. ."•."'•,l'•,l'•,l' ............. 12" of less permeable, suitable soil. Slope away from building. LEGEND: Surface Seal; native soil or other low permeability material. 1" Drain Rock SCHEMATIC ONLY-NOTTO SCALE NOT A CONSTRUCTION DRAWING t,::· 'Ear!h ;:Earth Solutions NWLLc Solut10IIS11fu"..C"-,-.,.~---~---~--NW UC 1;p.eotechnlcal Engineering, Construction Monit,xi.-,~ -•1111.ii:{:_,_.. and Environmental Sciences Drwn. GLS FOOTING DRAIN DETAIL Fieldbrook Commons King County, Washington Date 09/16/2011 Proj. No. 2089 Checked SSR Date Sept. 2011 Plate 4 APPENDIX A SUBSURFACE EXPLORATION ES-2089 The subsurface conditions at the site were explored by excavating a total of six test pits across accessible portions of the property. The subsurface explorations were completed on June 7, 2011. The approximate test pit locations are illustrated on Plate 2 of this report. Logs of the test pits are provided in this Appendix. The test pits were excavated to a maximum depth of 12 feet below existing grades. Earth Solutions tNI, LLC Earth Solutions NWLLc SOIL CLASSIFICATION CHART MAJOR DIVISIONS LEITER TYPICAL DESCRIPTIONS COARSE GRAINED SOILS MORE THAN 50% OF MATERIAL IS LARGER THAN NO. 200 SIEVE SIZE FINE GRAINED SOILS MORE THAN 50% OF MATERIAL IS SMALLER THAN NO. 200 SIEVE SIZE GRAVEL AND GRAVELLY SOILS MORE THAN 50% OF COARSE FRACTION RETAINED ON NO. 4SIEVE SAND AND SANDY SOILS CLEAN GRAVELS (LITTlE OR NO FINES) GRAVELS WITH FINES (APPRECIABLE AMOUNT OF ANES) CLEAN SANOS (LITTLE OR NO FINES) SANDS WITH MORE THAN 50% FINES OF COARSE FRACTION PASSING ON NO. 4 SIEVE (APPRECIABLE SILTS AND CLAYS SILTS AND CLAYS AMOUNT OF FINES) LIQUID LIMIT LESS WAN 50 LIQUID LIMIT GREATER THAN 50 HIGHLY ORGANIC SOILS GW GP GM GC SW SP SM SC ML CL OL MH CH OH PT WELL-GRADED GRAVELS, GRAVEL. SAND MIXTURES, LITTLE OR NO ANES POORLY-GRADED GRAVELS, . GRAVEL -SAND MIXTURES, LITTl.E OR NO FINES SILlY GRAVELS, GRAVEL-SAND- SILT MIXTURES CLAVEY GRAVELS. GRAVEL -SAND • CLA V MIXTURES WELL-GRADED SANDS, GRAVELL y SANDS, LITTLE OR NO FINES POORLY-GRADED SANDS, GRAVELLY SAND, LITTLE OR NO FINES SIL TV SANDS, SAND -SILT MIXTURES CLAVEY SANDS, SAND· CLA V MIXTURES INORGANIC SILTS AND VERY ANE SANDS, ROCK FLOUR, SIL TV DR CLAYEY ANE SANDS DR CLA YEV SILTS WITH SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CLAYS, SANDY CLA VS, SIL TY CLAYS, LEAN CLAYS ORGANIC SILTS AND ORGANIC SIL TV CLAYS OF LOW PLASTICITY INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS ANE SAND OR SILTY SOILS INORGANIC CLAYS OF HIGH PLASTICITY ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY, ORGANIC SILTS PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC CONTENITS DUAL SYMBOLS are used to indicate borderline soil classifications. The discussion in the text of this report is necessary for a proper understanding of the nature of the material presented in the attached logs. ~ <:> ! ~ t iii -~ ! • Earth Solutions NW 1805136th Place N.E., Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 TEST PIT NUMBER TP-1 CLIENT . American Classic Homes _P_R_O_JE_<?_TNUM.~B,:ER:.:...c2=0=8=9=7 === PROJECT NAME Fieldbrook PROJEC! _LOCATION King Coun_ty. Washington PAGE 1 OF 1 DATE STARTED 6/7/11 __ _ COMPLETED 617/11 GROUND ELEVATION TEST PIT SIZE EXCAVATION CONTRACTOR Client Provided EXCAVATION METHOD GROUND WATER LEVELS: LOGGEDBY~SS=R~---CHECKED BY SSR ____ _ ATTIME OF EXCAVATION -=- AT END OF EXCAVATION -· AFTER EXCAVATION .=. _ . NOTES Depth of Topsoil & Sod 4": forest duff_ w a. u ii: .. j'.: ffi c,i lg wm TESTS ti w-...J :;; c,i ~...J Cl a.:, :i ::.z (!) ;)i 0 SM f--OOoet 3·0 SM 10 12.Q MC= 22.80% SM MATERIAL DESCRIPTION Brown silty SAND with gravel, loose, moist (Fill) -becomes medium dense Dark brown silty SAND, medium dense, moist (Fill) -trace gravel -becomes loose, wet -abundant organics up to large tree limbs -heavy seepage ·· Gray silty SAND, loose, wet -becomes medium dense, sandy layers Test pit terminated at 13.0 feet below existlnQ grade. GfOundwater-seeJ)age encoUriiered ai - 10.0 feet during excavation. Bottom of test pit at 13.0 feet. <:>L__.J_ __ L._ _____ _i_....L_...J... ______________________________ _, . • Earth Solutions NW TEST PIT NUMBER TP-2 1805 136th Place N.E., Sutte 201 Bellevue, Washington 98005 Telephone: 425-284-3300 CLIENT American Classic Homes ____ _ PROJECT NUMBER 2089 PROJECT NAME Fieldbrook -=~-·~-=~P_R_O_J_E_C_TLOCA TION King County. Washington DATESTARTED 617/11 _ _ COMPLETED .fil/11 GROUND ELEVATION ___ _ TEST PIT SIZE _ EXCAVATION CONTRACTOR Client Provided GROUND WATER LEVELS: EXCAVATION METHOD ___ _ LOGGED BY SSR ___ _ __ CHECKED BY SSR ___ _ AT TIME OF EXCAVATION - AT END OF EXCAVATION _ .... AFTER EXCAVATION -NOTES Depth of Topsoil & Sod 6": forest duff and brambles ____ _ TESTS MATERIAL DESCRIPTION 0 Reddish brown silty SAND with gravel, loose, moist SM ------l.S_ . Brown well graded SANO with silt and gravel, medium dense, moist . SW- SM '•. . .. 5 ..• PAGE 1 OF 1 -' ~::(,-l,I :1._.s --,-1 ~---c-c------ MC-9.30% Fines -33.10% Gray silty SAND with gravel, dense, moist ------------------1 SM 00becomes very dense ,refusal at 7.5' 1---\-..LJc.j. 1.c7-,<S ___ =-==-====-==-- Test pit terminated at 7.5 feet below existing grade. Groundwater SeeP3ge encountered at 5.5 feet during excavation. Bottom of test pit at 7 .5 feet. " iii 8 .. " I; a ~ "' I i ~ i • Earth Solutions NW TEST PIT NUMBER TP-3 1805 136th Place N.E., Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 CLIENT American Classic Homes PAGE 1 OF 1 PROJECT NAME Fieldbrook PROJECT NUMBER 2089 =======-· . -------PROJECT~O<:ATION Kin_g County, Washington -= ·--·------ DATESTARTED 617/11 COMPLETED .§17111 ___ GROUND ELEVATION-·-· TEST PIT SIZE ____ ····-·--·-· EXCAVATION CONTRACTOR Client Provided EXCAVATION METHOD _ GROUND WATER LEVELS: ATTIMEOFEXCAVATION _-____ _ -------------- LOGGED BY SSR CHECKED BY . SSR ____ _ AT END OF EXCAVATION ..=· ___ _ NOTES Depth of Topsoil & Sod 4": forest duff w Cl. () I ~ ffi <n :i: (!) Ii iE' wm TESTS <i Cl. 0 w-... ::; ui ~..J Cl. :::, C ~z ::, (!) (/) 0 SM ~ . -SM MC~ 12.90% 2,0 6.0 AFTER EXCAVATION MATERIAL DESCRIPTION Brown silty SANO with gravel, loose, moist •trace gravel Gray silty sA··N"~D-wit~-~h-g-ra-ve~I-, m-e-d-iu-m-~d-ense, moiSt -becomes dense Test pit terminated at 6.0 feet below exiSting grade. No groundwater encountered dUrirag excavation. Bottom of test pit at 6.0 feet. ll__J___...J______L_--'-'------------' ,; iii 8 ~ le a ~ I ~ ~ " .. I • Earth Solutions NW 1805 136th Place N.E., Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 TEST PIT NUMBER TP-4 PAGE 1 OF 1 CLIENT .. ~merican Classic Homes _____ _ PROJECT NAME Fieldbrook ----------------- 1_P_R_O_J_EC __ TNUMl3_1:R'-'--=2=0='8=9=====~ ====-'··-PROJECT LOCATIClN King County, Washington r c . - DATE STARTED 617111 ______ COMPLETED ~6ll=/1~1 ______ _ GROUNDELEVATION _____ TESTPITSIZE __ .. EXCAVATION CONTRACTOR Client Provided GROUND WATER LEVELS: EXCAVATION METHOD ____ ------------ATTIME OF EXCAVATION -=·'--------- LOGGED BY ~S=S=R~-----CHECKED BY ~ss~Rc,_ ___ _ AT END OF EXCAVATION -"--------------- AFTER EXCAVATION _ ••· NOTES Depth of Topsoil & Sod 8": forest duff w a. I /: ffi li:e wai w-..J::;; 0 a.:, ::.z < "' 0 - . !; __ 10 .. TESTS MC-12.20% Fines -43.00% MC-12.40% SM SM Ml- MH Cl ,.o 11.0 ~ ~-120 MATERIAL DESCRIPTION Reddish brown silty SAND, loose, moist to wet (Fill) · · Browii silty fine SAND, medium dense, moist (Fllif-------~---------··--------· -organic layers (with coal tailings) Gray Sil T with clay, stiff, moist •seepage zone -sandy layer Gray ClA\ hard-, -m-o·-,st·----------· -------------------· Test pit terminated at 12.0 feet below existing g-rade. G"iOUndwater seepage encountered at 6.0 feet during excavation. Bottom of test ptt at 12.0 feet. l___j_ __ .___ ____ ...,___,_...,_ ________________________ ....J ,: .. • Earth Solutions NW 1805136th Place N.E., Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 CLIENT American Classic Homes .!'._ROJECT NUMBER 2089 -=- TEST PIT NUMBER TP-5 PAGE 1 OF 1 PROJECT NAME Fieklbrook ------ =_f'_R_OJECT LOCATION _King County. W~s_!l~nglon ------ DATE STARTED _,617=/-'-'11'-----· COMPLETED 617/11 ---GROUND ELEVATION ----TEST PIT SIZE --·---- EXCAVATION CONTRACTOR Clienl Provided GROUND WATER LEVELS: ---- ·-·---AT TIME OF EXCAVATION ··-· _________ ,,_ -EXCAVATION METHOD ______ _ LOGGED BY SSR ______ _ CHECKED BY SSR AT END OF EXCAVATION ·- NOTES Depth of Topsoil & Sod 8": forest duff w 0.. 0 :c ~ffi oi li:2 w"' d :i: (.') ·w-..J:; TESTS 0 ~g 0..::, C ~z ::, (.') <I) 0 SM ,_ C SM MC=11.20% C - gi_ 6.0 ------------·-- AFTER EXCAVATION . MATERIAL DESCRIPTION Reddish brown silty SAND, loose, moist -scattered cobbles and small boulders Brown silty SAND with gravel, medium dense, moist -----------! -becomes dense Test pit terminated at 6.0 feet below existing grade. No groundwater enCOuntered ctUrinQ--· - excavation. Bottom of lest ptt at 6.0 feet. l'----'--.L.-------'---'--'---------------------------_J ~ i • Earth Solutions NW 1805136th Place N.E., Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 TEST PIT NUMBER TP-6 PAGE 1 OF 1 CLIENT American Classic Homes _____ _ PROJECT NAME Fieldbrook ==·-,=====~ PROJEC:T LOCATION King County, Washington __ _ PROJECT NUMBER 20ec,8S0 ,_====~:~ DATE STARTED 617/11 ____ _ COMPLETED Sfl/11 GROUND ELEVATION _ TEST PIT SIZE ====--- EXCAVATION CONTRACTOR Client Provided GROUND WATER LEVELS: EXCAVATION METHOD AT TIME OF EXCAVATION ,-, __________ _ ------------------- LOGGED BY SSR _ CHECKED BY _S,cS,,R"-----AT END OF EXCAVATION_-____ _ NOTES Depth of Topsoil & Sod 4": brambles and saplings AFTER EXCAVATION -____ _ w <I. <) :,: 1': ffi ui :i: G Ii: ,e w"' TESTS <) ~g w-_,:; Ch n <I.:, :j ~z G "' MATERlAL DESCRIPTION n Brown silty SAND with gravel, loose, moist (Fill) SM I-- . - MC ~39.50% Fines = 25.90% - ___ .!!L f------3.5 --Dark brown silty SAND with gravel, loose, wet (Fill) ,=, ~ -l~rge wood pieces SM -abundant organics -eY.-.,,C, ··~·5>-------=-~--=7 --------- ,-SM ] Gray silty SAND, loose to medium dense, wet --------------·- 1--'--q~,o=.o,_ _ .,. Test pit terminated at 10.0 feet below existing grade. Groundwater seepage encoUn1:ered at 8.0 feet during excavation. Bottom of test pit at 10.0 feet. IL._.L __ L_. _____ _, _ __._ _ __,_ ______________________________ _. I g "!! i ~ " I i J!, 1li e - " • Earth Solutions NW 1805136th Place N.E .. Suite 201 Bellevue, Washington 98005 Telephone: 425-284-3300 TEST PIT NUMBER TP-7 PAGE 1 OF 1 PROJECT NAME Fieldbrook CLIENT _American Classic Homes PROJECT NUMBER 2089 DATESTARTED--'6~(1~/~11~--- ___ __ c· PROJECT LOCATION King County. Washington _ COMPLETED _617/11 ____ GROUND ELEVATION __ _ __ TEST PIT SIZE _________ _ EXCAVATION CONTRACTOR Client Provided GROUND WATER LEVELS: EXCAVATION METHOD ____ _ ------AT TIME OF EXCAVATION ·--------------_____ _ LOGGED BY SSR ___ _ CHECKED BY ..,s,,,s,..,R~----AT END OF EXCAVATION_._ .• _____ _ ---------- NOTES Depth of Topsoil & Sod 6": forest duff and saplings AFTER EXCAVATION - w :,: ~ ffi ts-wm w-..J ::; 0 0.:, iz TESTS MATERIAL DESCRIPTION 0 Brown silty SAND, loose, moist (Fill) SM . ------~----- Brown silty SAND with gravel, loose, wet -----, .. , ______ ----1 e-5 SM . - e . MC-21.80% ·-7.0 -seepage .. becomes medium dense Test pit terminated at 7.0 feet below existing grade. Groundwater seepage encountered at 5.0 feet during excavation. Bottom of test pit at 7.0 feet. ;,____,____. ___ __._,..___.,__ _________________ __, APPENDIX B LABORATORY TEST RESULTS ES-2089 Earth Solutions NW, LLC • Earth Solutions NW GRAIN SIZE DISTRIBUTION 1805 -136th Place N.E .. Suite 201 Bellevue, WA 98005 Telephone: 425-284-3300 CLIENT Americen Classic Homes PROJECT NAME Field Brook . PROJECT NUMBER ES-2089 PROJECT LOCATION Renton ~:..~= U.S. SIEVE OPENING IN INCHES I U.S. SIEVE NUMBERS I HYDROMETER 6432.r.1314112 3 ~ 8 810 1416 20 30 40 50 60 100140 200 100 I 'i I 1 I T 11 I I 95 -\ \ .. -· \ ~ 90 \ -· --·· \ 85 \ . j ' 80-\ -" \" 75 \ -\ -" ·- 70---"--~ " \ - 65 " .. '\ ~ ---. - ~ " C) eo . . . . ~ ' \ ~ 55 -· -. \ a: LU 50 .~ .. z ' ;;: \ I-45 --z '\ LU \ 0 40 ... . ~~~ I-a: \ LU D. 35 \ - 30 - 25 . ----.,, 20 -. 15 ·-. 10 ~-" .. - 5 -· ". -· . ·-- 0 100 10 1 0.1 0,01 0.001 GRAIN SIZE IN MILLIMETERS ~BBLES ! GRAVEL I coarse I SAND :a· SILT OR CLAY ·1 coarse I fine medium I Specimen Identification Classification LL PL Pl Cc Cu - 0 TP-2 7.0ft. Brown silty SAND with gravel, SM ·- l)ll TP-4 8.0ft. Brown silty SAND, SM . ._ t, TP-6 6.5ft. Brown silty SAND with gravel, SM -. - Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt %Clay lllo .. TP-2 7.0ft. 37.5 0.306 16.7 50.1 33.1 l)ll TP-4 8.0ft. 9.5 0.694 0.4 56.6 43.0 ~ t, TP-6 6.5ft. 37.5 1.47 0.114 31.6 42.5 25.9 ! " EMAIL ONLY REPORT DISTRIBUTION ES-2089 PNW Holdings, LLC c/o American Classic Homes 9725 Southeast 36th Street, Suite 214 Mercer Island, Washington 98040 Attention: Mr. Justin Lagers Earth Solutions NW, LLC • Geotechnical Engineering Report Wagner Prope_rty Renton, Washington For Wagner Property, LLC Cornerstone . llil Geotechnical, Inc. October 11, 2006 Ms. Charlotte V anLaningham Wagner Property, LLC 1201 Monster Road SW, #320 Renton, Washington 98055 17625-130fu Ave. NE, C102, Woodinville, WA 98072 Phone: 425-844-1977 Fax: 425-844-1987 Geotechnical Engineering Report Wagner Property -10900 Block of SE 17211<1 Street King County, Washington CG File No. 2135 Dear Ms. VanLaningham: INTRODUCTION This report presents the results of our geotechnical engineering investigation for the proposed residential project in the Renton area of King County, Washington. The site is located in the 10900 Block of Southeast 17211<1 Street, as shown on the Vicinity Map in Figure I. At your request, we have completed this report to evaluate the subsurface conditious at the property and provide recommendations for site development. This report provides geotechnical engineering recommendations and design parameters for the proposed construction, and does not discuss the risks associated with the site's coal mine hazard designation by King County. Based on infonnation obtained early in the evaluation process, we recommended that you retain an engineer with a significant amount of experience with coal mine hazards. This work was performed by Subterra, Inc., and their report provides conclusions and recommendations regarding these geologic hazards. Cornerstone Geotechnical has not conducted a coal mine or methane hazard analysis for this site. For our use in preparing this report, we have been provided with a copy of the site plan prepared by Kenneth R. Anderson and Associates, Inc., as well as previous geotechnical reports and coal mine studies for areas in the vicinity of the site, and the report by Subterra, Inc., dated September 22, 2006. The site plan shows the proposed lot layout, detention vault location, and access roadway alignment. Geotechnical Engineering Report Wagner Property-I 0900 Block of SE I 72•d Street King County, Washington October 11, 2006 CG File No. 2135 Page2 PROJECT DESCRIPTION We understand that you plan on developing the parcel with 9 residential lots with an access road extending onto the property from Southeast 17200 Street. A stormwater detention vault will be located in the southwestern quarter of the site. We have not been provided with a grading plan; however, the site is generally level and we expect that site grading will include minor cuts and fills. SCOPE The purpose of this study is to explore and characterize the subsurface conditions and present recommendations for site development Specifically, our scope of services as outlined in Phase I and II of our Services Agreement, dated June 8, 2006, includes the following: Phase I 1. Review available geologic maps of the area. 2. Review any available documents from the City of Renton related to the coal mine hazard area. PhaSeil 3. Explore the subsurface conditions at the site with trackhoe-excavated test pits. 4. Provide recommendations for building foundations. 5. Provide recommendations for site preparation and grading. 6. Provide general recommendations for site drainage. 7. Provide recommendations for the mitigation of the coal mine hazard (This has been provided by Subterra, Inc., and is not part of our services). 8. Prepare a written report to document our conclusions and recommendations. SITE CONDITIONS Surface Conditions The rectangular-shaped site is approximately 1.23 acres in size and has dimensions of approximately 165 feet in the east-west direction, and 322 feet in the north-south direction. The site is bordered by residential developments to the west and south, and by undeveloped land to the north and east. A layout of the site is shown on the Site Plan in Figure 2. Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-10900 Block of SE 172 00 Street King County, Washington October 11, 2006 CG File No. 2135 Page3 The site is generally level and is vegetated primarily with grasses, blackberries, and brush, as well as deciduous and fir trees. We estimate that the elevation change across the site is less than IO feet. Geology Most of the Puget S011nd Region was affected by past intrusion of continental glaciation. The last period of glaciation, the Vasho11 Stade of the Fraser Glaciation, ended approximately 11,000 years ago. Many of the geomorphic features seen today are a result of scouring and overriding by glacial ice. During the Vashon Stade, areas of the Puget Sound region were overridden bi over 3,000 feet of ice. Soil layers overridden by the ice sheet were compacted to a much greater extent than those that were not. Glacial till is an unsorted mixture of sand, silt, and gravel that was deposited below the glacier, and is commonly referred to as "hardpan." The glacial till has been consolidated under the weight of the glacier and exhibits both high strength and low permeability. Tertiary bedrock underlies the glacial soils at depth, and outcrops locally south of Seattle and along the western margins of the Cascade Range. These units typically consist of sandstone, with lesser amounts of siltstone, coal, and sandy shale. The Geologic Map of Kjng County. by Derek B. Booth and Aaron P. Wisher (GeoMapNW, 2006), indicates that the site is near the contacts of glacial till and the Renton Formation. Our site explorations encountered variable materials consisting of silty sand with varying amounts of gravel, consistent with glacial till, as well as weathered sandstone, siltstone, and coal seams, consistent with Renton Fonnation. Explorations Subsurface conditions were explored at the site on August 29. 2006, by excavating six test pits with a subcontracted trackhoe. l11e test pits were excavated to depths of 7.0 to I 1.5 feet below the ground surface. The explorations were located and logged in the field by a geologist from this firm who also examined the soils and geologic conditions encountered. Dr. Chris Breeds, PE, ofSubterra, Inc. observed the excavation of Exploratory Test Pits TP-4 through TP-6 to aide in his study; and he recommended the extent, location, and depth of these test pits while on site. The approximate locations of the test pits are shown on the Site Plan in Figure 2. The soils were visually classified in general accordance with the Unified Soil Classification System, a copy of which is presented as Figure 3. The logs of the test pits are presented in Figures 4 through 6. Cornerstone Geotechnlcal, Inc. Geotechnical Engineeriug Report Wagner Property-10900 Block of SE l 72'd Street King County, Washington October 11, 2006 CG File No. 2135 Page4 The location of the test pits are based on measurements with a JOO-foot measuring tape. We located the test pits using measurements from the provided tree survey data, and should be considered accurate to the degree implied by these methods. Additional surveying could be completed to verify our test pit locations. Additional deep explorations were not performed at this site by Subterra, Inc., because the known geomeoy of the coal seam appeared to match what was identified within the test pit explorations. Subsurface Conditions A brief description of lhe conditions encountered in our explorations is included below. A more detailed description of the soils encountered can be found in the test pit logs in Figures 4 through 6. Exploratory Test Pits TP-1 through TP-3 encountered I to 2 feet of forest duff and topsoil underlain by medium dense to vel)' dense, silty fine sand with variable amounts of gravel, consistent with glacial till. Exploratory Test Pits TP-4 and TP-5 encountered 1 to 1.5 feet of forest duff and topsoil underlain by l to 3 feet of medium dense, silty fine sand with gravel, consistent with glacial till. Underlying the till is stiff to hard, weathered sandstone and siltstone with local coal seams, indicative of the Renton Formation. Exploratory Test Pit TP-6 encountered 3 feet of loose fill comprised of silty f'me sand with gravel and local debris. This layer is underlain by 3 feet of dense, silty fine sand with gravel, consistent with glacial till. The till is underlain by stiff to very stiff, weathered sandstone, consistent with the Renton Formation. Test Pit TP-3 consists of a 75-foot long trench, excavated into very dense glacial till, extending north to south along the southwest portion of the site. Test Pit TP-4 consists of an approximately 70-foot long trench extending southeast to northwest in the southeastern portion of the site. This trench includes four distinct locations, which are described in the test pit logs. Hydrologic Conditions We observed light groundwater seepage in Exploratory Test Pit TP-4 at Location 2, approximately 11.5 feet below the existing grade. We would expect that a perched water condition may develop during the wetter times of the year a~ or near the contact between the weathered and unweathered glacial till layers, and within sand interbcds in weathered areas of the Renton Formation. Perched water does not represent a regional groundwater "table" within the upper soil horizons. Volumes of perched ground water vary depending upon the time of year and the upslope recharge conditions. Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-10900 Block of SE 172 00 Street King County, Washini,>ton October ll, 2006 CG File No. 2135 Page 5 - GEOLOGIC HAZARDS Coal Mine Hazard The Subterra, Inc. report, Wagner Property -Abandoned Mine Evaluation, dated September 22, 2006, characterizes the coal mine hazard for the site. This report discusses methane potential and the likelihood of ground subsidence and sinkholes. The conclusions and recommendations presented in this report reflect our exploration work and observations regarding the geotechnical suitability of the site for residential development. We have not performed a coal mine or methane hazard evaluation for this site. Furthermore, the setback/buffer from the coal mine hazard area should be determined by Subterra, Inc. Erosion Hazard The erosion hazard criteria used for determination of affected areas includes soil type, slope gradient, vegetation cover, and groundwater conditions. The erosion sensitivity is related to vegetative cover and the specific surface soil types (group classification), which are related to the uoderlying geologic soil units. The Soil Survey of King County Area, Washington, by the Soil Conservation Service (SCS), was reviewed to determine the erosion hazard of the on-site soils. The site surface soils were classified using the SCS classification system as Alderwood gravelly sandy loam, 6 to 15 percent slopes (Unit AgC) and Arents, Alderwood material, 6 to 15 percent slopes (Unit AmC). The erosion hazard for these soils is listed as being slight. Seismic Hazard It is our opinion, based on our subsurface explorations, that the Soil Profile in accordance with Table 1615.L! of the 2003 h1ternational Building Code (!BC) is Soil Class C. We referenced !lie 2002 map from the US Geological Survey (USGS) website to obtain values for S, and S1• The USGS website includes the most upduted published data on seismic conditions. The seismic design parameters are: S, 138.42% g s, 47.26%g Cornerstone Geotechnical, Inc. Geotechnical Engineering Report WagnerProperty-10900 Block of SE 172nd Street King County, Washington October 11, 2006 CG File No. 2135 Page 6 F, Fv 1.0 1.33 From Table 1615.1.2(1) of the 2003 me From Table 1615.1.2(2) of the 2003 me Site specific coefficients and adjusted maximum considered earthquake spectral response acceleration parameters apply as shown in Section 1615. I of the me. Additional seismic considerations include liquefaction potential and amplification of ground motions by soft soil deposits. The liquefaction potential is highest for loose sand with a high groundwater table. The dense till soils and very stiff to hard weathered Renton Formation interpreted to underlie the site are considered to have a low potential for liquefaction and amplificatioi;i of ground motion. CONCLUSIONS AND RECOMMENDATIONS General It is onr opinion that the site is generally suitable for development, provided that the coal mine hazard assessment by Subterra Inc. has been correctly investigated, interpreted, and concluded. The underlying medium dense/stiff to very dense/hard native soil deposits are capable of supporting the planned structures and pavements. We recommend that the foundations for the strnctures extend through any topsoil, loose, or disturbed soils, and bear on the underlying medium dense/stiff or firmer native soils, or on structural fill extending to these soils. Based on onr site explorations, we anticipate these soils will generaUy be encountered at typical footing depths. foundations for lot 7 must be embedded so that the loads of the structure are not within the zone of influence of the coal seam/mine. The report by Subtem,, Inc., recommends that development occur north of the coal sub-crop, with the southeast portion of the site utilized as greenbelt or park areas. We recommend that Subterra, Inc. provide building setback/buffer distances from the coal mine hazard areas, if they are needed. Some of the test pit locations will need to be overexcavated and backfilled prior to construction of the single-family residences. These areas, primarily when located within building footprints, should be backfilled per the Structural Fill guidelines below. CG should be on site to monitor the overexcavation and backfilling operations. Cornerstone Geotechnfcal, Inc. Geotechnical Engineering Report Wagner Property-10900 Block of SE 172"d Street King County, Washington October 11, 2006 CG File No. 2135 Page? Site Preparations and Grading Site preparation should begin with the removal of vegetation, topsoil, and any loose soils to expose medium dense/stiff or firmer native soils in pavement and building areas. The excavated material should ' be removed from the site, or stockpiled for later use as landscaping fill. The resulting subgrade should be compacted to a firm, non-yielding condition. Areas observed to pump or weave should be repaired prior to placing hard surfaces. The on-site soils likely to be exposed during construction are considered highly moisture sensitive, and the surface will disturb easily when wet. We expect that these soils will be difficult, if not impossible, to compact to structural fill specifications in wet weather. We recommend that earthwork be conducted during the drier months. Additional expenses of wet weather or winter construction could include over- excavation and the use of imported fill or rock spalls. During wet weather, alternative site preparation methods may be necessary. These methods may include utilizing a smooth-bucket trackhoe to complete site stripping and diverting construction traffic around prepared subgrades. Disturbance to the prepared subgrade may be minimized by placing a layer ofrock spalls or imported sand and gravel in traffic and roadway areas. Cutoff drains or ditches can be useful in reducing grading costs during the wet season. · These methods can be evaluated at the time of construction. Structural Fill General: All fill placed beneath buildings, pavements or other settlement sensitive features should be placed as structural fill. Structural fill, by definition, is placed in accordance with prescribed methods and standards, and is monitored by an experienced geotechnical professional or soils technician. Field- observation procedures would include the performance of a representative number of in-place density tests to document the attainment of the desired degree of relative compaction. Any loose/soft soils encountered in the test pit locations will need to be removed and backfilled according to these recommendations. Materials: Imported structural fill should consist of a free-draining granular soil, :free of organics and other deleterious material, and be well graded to a maximum size of approximately 3 inches. Imported all-weather structural fill should contain no more than 5 percent fines (soil finer than a Standard U.S. No. 200 sieve), based on that fraction passing the U.S. 3/4-inch sieve. Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-I 0900 Block of SE l 72"d Street King County, Washington October I I, 2006 CG File No. 2135 Page 8 The use of on-site soil as structural till will be dependent on moisture content control. Some drying of the native soils may be necessary in order to achieve compaction. During warm, sunny days this could be accomplished by spreading the material in thin lifts and compacting. Some aeration and/or addition of moisture may also be necessary. We expect that compaction of the native soils to structural fill specifications would be difficult, if not impossible, during wet weather. Fill Placement: Following subgrade preparation, placement of the structural fill may proceed. Fill should be placed in 8-to I 0-inch-thick unifonn lifts, and each lift should be spread evenly and be thoroughly compacted prior to placement of subsequent lifts. All structural fill underlying building areas, and within a depth of 2 feet below pavement and sidewalk subgrade, should be compacted to at least 95 percent of its maximum dry density. Maximum dry density, in this report, refers to that density as determined by the ASTM D 1557 compaction test procedure. Fill more than 2 feet beneath sidewalks and pavement subgrades should be compacted to at least 90 percent of the maximum dry density. The moisture content of the soil to be compacted should be within about 2 percent of optimum so that a readily compactable condition exists. It may be necessary to overexcavate and remove wet surficial soils in cases where drying to a compactable condition is not feasible. All compaction should be accomplished by equipment of a type and size sufficient to attain the desired degree of compaction. Temporary and Permanent Slopes Temporary cut slope stability is a function of many factors, such as the type and consistency of soils, depth of the cut, surcharge loads adjacent to the excavation, length of time a cnt remains open, and the presence of surface or ground water. It is difficult under these variable conditions to estimate stable temporary cut slope geometry. Therefore, it should be the responsibility of the contractor to maintain safe slope configurations, since the contractor is continuously at the job site, able to observe the nature and condition of the cut slopes, and able to monitor the subsurface materials and groundwater conditions encountered. For planning purposes, we recommend that temporary cuts in the near-surface weathered soils be no steeper than 1.5 Horizontal to I Vertical (I.SH:IV). Cuts in the dense/very stiff to very dense/hard unweathered glacial till and partially weathered Renton Fonnation may stand at a IH:IV inclination or possibly steeper. Jf groundwater seepage is encountered, we would expect that flatter inclinations would be necessary. Cornerstone Geotechnlcal, Inc. Geoteclmical Engineering Report Wagner Property-I 0900 Block of SE 172ml Street King County, Washington October ll, 2006 CG File No. 2135 Page9 We recommend that cut slopes be protected from erosion. Measures taken may include covering cut slopes with plastic sheeting and diverting surface runoff away from the top of cut slopes. We do not recommend vertical slopes for cuts deeper than 4 feet, if worker access is necessary. We recommend that cut slope heights and inclinations conform to local and WISHNOSHA standards. If the proposed landscaping includes sloped areas, we recommend that final slope inclinations for structural fill and cuts in the native soils be sloped no steeper than 2H: 1 V. Lightly compacted fills or common fills should be no steeper than 3H: IV. Common fills are defined as fill material with some organics that are "trackrolled" into place. They would not meet the compaction specification of structural fill. Final slopes should be covered with straw or jute netting until permanent vegetation is established. Foundations Conventional shallow spread foundations should be founded on undisturbed, medium dense/stiff or firmer soil. If the soil at the planned bottom of footing elevation is not suitable, it should be overexcavated to expose suitable bearing soil. Footings should extend at least 18 inches below the lowest adjacent finished ground surface for frost protection and it should also extend at least 1 fool into bearing soils,-whichever is deeper. Minimum foundation widths should conform to me requirements. Standing water should not be allowed to accumulate in footing trenches. All loose or disturbed soil should be removed from the foundation excavation prior to placing concrete. For foundations constructed as outlined above, we recommend an allowable design bearing pressure of 2,000 pounds per square foot (psi) be used for the footing design. IBC guidelines should be followed when considering short-term transitory wind or seismic loads. Potential foundation settlement using the recommended allowable bearing pressure is estimated to be Jess than I-inch total and Y.-inch differential between footings or across a distance of about 30 feet. Higher soil bearing values may be appropriate with wider footings. These higher values can be determined after a review of a specific design. We must be.retained to evaluate the embedment of the footings for the structure on Lot 7 relative to the coal seam. A location-specific evaluation should be performed to ensure that the structure is located outside of the zone of influence of the coal seam, and founded on medium dense/stiff or firmer soils, and/or structural fill. The llSe of drilled piers or piles may be necessary on Lot 7 if a coal mine setback is not provided/needed. · Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-I 0900 Block of SE 172•d Street King County, Washington October 11, 2006 CG File No. 2135 Page 10 Lateral Loads The lateral earth pressure acting on retaining walls is dependent on the nature and density of the soil behind the wall, the amount of lateral wall movement, which can occur as backfill is placed, and the inclination of the backfill. Walls that are free to yield at least one-thousandth of the height of the wall are in an "active" condition. Walls restrained from movement by stiffness or bracing are in an "at-rest'' condition. Active earth pressure and at-rest earth pressure can be calculated based on equivalent fluid density. Equivalent fluid densities for active and at-rest earth pressure of35 pounds per cubic foot (pcl) and 55 pcf, respectively, may be used for design for a level backslope. These values assume that the on- site soils or imported granular fill are used for backfill, and that the wall backfill is drained. The preceding values do not include the effects of surcharges, such as due to foundation loads or other surface loads. Surcharge effects should be considered where appropriate. The above drained active and at-rest values should be increased by a uniform pressure of 7.2H and 23.0H psf, respectively, when considering seismic conditions. H represents the wall height. The above lateral pressures may be resisted by friction at the base of the wall and passive resistan~e against the foundation. A coefficient of friction of 0.45 may be used to determine the base friction in the native soils. An equivalent fluid density of 225 pcf may be used for passive resistance design. To achieve this value of passive pressure, the foundetions should be poured "nee!" against the native medium dense/stiff soils, or compacted fill should be used as backfill against the front of the footing, and the soil in front of the wall should extend a horizontal distance at least equal to three times the foundation depth. A factor of safety of 2.0 has been applied to the passive pressure to account for required movements to generate these pressures. The friction coefficient does not include a factor of safety. All wall backfill should be well compacted. Care should be taken to prevent the buildup of excess lateral soil pressures due to overcompaction of the wall backfill. Slabs-On-Grade Slab-on-grade areas should be prepared as recommended in the Site Preparation and Grading subsection. Slabs should be supported on medium dense or firmer native soils, or on structural fill extending to these soils. Where moisture control is a concern, we recommend that slabs be underlain by 6 inches of free-draining coarse sand or pea gravel for use as a capillary break. A suitable vapor barrier, such as heevy plastic sheeting, should be placed over the capillary break. An additional 2-inch-thick Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-I 0900 Block of SE l 72'd Street King County, Washington October 11, 2006 CG File No. 2135 Page 11 damp sand blanket can be used to cover the vapor barrier to protect the membrane and to aid in curing the concrete. This will also help prevent cement paste bleeding down into the capillary break through joints or tears in the vapor barrier. The capillary break material should be connected to the footing drains to provide positive drainage. Detention Vault The concrete walls of the stonnwater detention vault may be supported on footing foundations bearing on the underlying very dense soils. The allowable soil bearing pressure should not exceed 4,000 pounds per square foot (psf) for the design of the wall footings poured on undisturbed, very dense/hard native soils. We recommend that footing drains be installed on the outside of perimeter footings. The footing drains should be at least 4 inches in diameter and should consist of perforated or slotted, rigid, smooth-walled PVC pipe, laid at the bottom of the footings. The drain line should be surrounded with free-draining pea gravel or coarse sand and wrapped with a layer ofnon-woven filter fabric. A vertical drainage blanket at least 12 inches thick, consisting of compacted pea gravel or other free-draining granular soils, should be placed against the walls. A vertical drain mat, such as Miradrain 6000 by Mirafi Inc., may be placed against the walls in lieu of the vertical drainage blanket. Structural fill is then placed behind the vertical drainage blanket or drain mat to backfill the walls. The vertical drainage blanket or drain mat should be hydraulically connected to the drain line at the base of the walls. A sufficient number of cleanouts at strategic locations should be installed for periodical cleaning of the wall drain line to prevent clogging. The perimeter walls of the concrete vault with a lid would be restrained at their top from horizontal movement and should be designed for at-rest lateral soil pressure, while the perimeter walls of a vault without a lid would be unrestrained at the top and may be designed for active lateral soil pressure. Active earth pressure and at-rest earth pressure can be calculated based on equivalent fluid density. Equivalent fluid densities for active and at-rest earth pressure of 35 pcf and 55 pcf, respectively, may be used for design for a level backslope. These values assume that the on-site soils are used for backfill, and that the wall backfill is drained. The preceding values do not include the effects of surcharges due to foundation loads, traffic or other surface loads. Surcharge effects should be considered where appropriate. For undrained soil conditions, the active and at-rest pressures should be increased to 80 pcf and 90 pcf, respectively. Undrained conditions may occur in the lower portion of the vault if there is not suitable fall Cornerstone Geotechnical, Inc, Geotechnical Engineering Report Wagner Property-10900 Block of SE 172•d Street King County, Washington October 11, 2006 CG File No. 2135 Page 12 to place a wall drain at the footing elevation. We recommend buoyant forces be calculated to avoid floatation of any underground structures. All wall backfill should be well compacted. Care should be taken to prevent the buildup of excess lateral soil pressures due to overcompaction of the wall backfill. This can be accomplished by placing wall backfill in 8-inch loose lifts and compacting with small, hand-operated compactors. We recommend that an equivalent fluid density of 260 pcf be used to calculate the allowable lateral passive resistance for the case of a level ground surface adjacent to the footing. A coefficient of friction between footings and soil of 0.50 may be used, and should be applied to the vertical dead load only. A factor of safety of 2 .0 has been applied to the passive pressure to account for required movements to generate these pressures. The friction coefficient does not include a factor of safety. Erosion and Sediment Control Erosion and sediment control (ESC) is used to minimize the transportation of sediment to wetlands, streams, lakes, drainage systems, and adjacent properties. Erosion and sediment control measures should be taken and these measures should be in general accordance with local regulations. As a minimum,· the following basic recommendations should be incorporated into the design of the erosion and sediment control features of the site: I) Phase the soil, foundation, utility, and other work, requiring excavation or the disturbance of the site soils, to take place during the dry season (generally May through September). However, provided precautions are taken using Best Management Practices (BMP's), grading activities can be undertaken during the wet season (generally October through April). It should be noted that this typically increases the overall project cost. 2) All site work should be completed and stabilized as quickly as possible. 3) Additional perimeter erosion and sediment control features may be required to reduce the possibility of sediment entering the surface water. This may include additional silt fences, silt fences with a higher Apparent Opening Size (AOS), construction of a berm, or other filtration systems. 4) Any rimoff generated by dewatering discharge should be treated through construction of a sediment trap if there is sufficient space. If space is limited other filtration methods will need to be incorporated. Cornerstone Geotechnical, Inc. Geotechnical Engineering Repo11 Wagner Property-I 0900 Block of SE I 72rul Street King County, Washington October 11, 2006 CG File No. 2135 Page 13 Drainage We recommend that runoff from impervious surfaces, such as roofs, driveway and access roadways, be collected and routed to an appropriate stonn water discharge system. We suggest that the finished ground surface be sloped at a gradient of 3 percent minimum for a distance of at least IO feet away from the buildings, as indicated in !BC Section 1803.3. Surface water should be collected by permanent catch basins and drain lines, and be discharged into a storm drain system. We recommend that footing drains be used around all of the structures where moisture control is important. The underlying silty soils may pond water that could accumulate in crawlspaces. It is good practice to use footing drains installed at least 1 foot below the planned finished floor slab or crawlspace elevation to provide drainage for the crawlspace. At a minimum, the crawlspaces should be sloped to drain to an outlet tied to the drainage system. If drains are omitted around slab-on-grade floors where moisture control is impo11ant, the slab should be a minimum of 1 foot above surrounding grades. Where used, footing drains should consist of 4-inch-diameter, perforated PVC pipe that is surrounded by free-draining material, such as pea gravel. Footing drains should discharge into tightlines leading to an appropriate collection and discharge point Crawlspaces should be sloped to drain, and a positive connection should be made into the foundation drainage system. For slabs-on-grade, a drainage path should be provided from the capillary break material to the footing drain system. Roof drains should not be connected to wall or footing drains. Utilities Our explorations indicate that specific deep dewatering will not be needed to install utilities. Anticipated groundwater is expected to be handled with pumps in the trenches. We also expect that some groundwater seepage may develop during and following the wetter times of the year. We expect tl1is seepage to mostly occur in pockets. We do not expect significant volumes of water in these excavations. The soils likely to be exposed in utility trenches after site stripping are considered highly moisture sensitive. These soils will generally be dense/very stiff to very dense/hard 4 to 6 feet below the existing site grades. We recommend that they be considered for trench backfill during the drier portions of the year_ Provided these soils are within 2 percent of their optimum moisture content, they should be suitable Cornerstone Geotechnical, Inc. Geotechnical Engineel'ing Report Wagner Property-I 0900 Block of SE 172nd Street King County, Washington October 11, 2006 CG File No. 2135 Page 14 to meet compaction specifications. During the wet season, it may be difficult to achieve compaction specifications; therefore, soil amendment with kiln dust or cement may be needed to achieve proper compaction with the on-site materials. Pavement The performance of roadway pavement is critically related to the conditions of the underlying subgrade. We recommend that the subgrade soils within the roadways be treated and prepared as described in the Site Preparation and Grading subsection of this report. Prior to placing base material, the subgrade soils should be compacted to a non-yielding state with a vibratory roller compactor and then proof-rolled with a piece of heavy construction equipment, such as a fully-loaded dump truck. Any areas with excessive weaving or flexing should be overexcavated and recompacted or replaced with a structural till or crushed rock placed and compacted in accordance with recommendations provided in the Structural Fill subsection of this report. CONSTRUCTION OBSERVATION We should be retained to provide observation and consultation services during construction to confirm that the conditions encountered are consistent with those indicated by the explorations, and to provide recommendations for design changes, should the conditions revealed during the work differ from those anticipated. As part of our services, we would also evaluate whether or not earthwork and foundation installation activities comply with contract plans and specifications. USE OF THIS REPORT We have prepared this repo1t for Wagner Property, LLC and its agents, for use in planning and design of this project The data and report should be provided to prospective contractors for their bidding and estimating purposes, but our report, conclusions and interpretations should not be construed as a warranty of subsurface conditions. The scope of our services does not include services related to construction safety precautions, and our recommendations are not intended to direct the contractors' methods, techniques, sequences or procedures, except as specifically described in our report, for consideration in design. There are possible Cornerstone Geotechnical, Inc. Geotechnical Engineering Rep01t WagnerProperty-10900 Block of SE 172'd Street King County, Washington October 11, 2006 CG File No. 2135 Page 15 variations in subsurface conditions. We recommend that project planning include contingencies in budget and schedule, should areas be found with conditions that vazy from those described in this report. Within the limitations of scope, schedule and budget for our services, we have strived to take care that our services have been completed in accordance with generally accepted practices followed in this area at the time this report was prepared. No other conditions, expressed or implied, should be understood. oOo Cornerstone Geotechnical, Inc. Geotechnical Engineering Report Wagner Property-10900 Block of SE 172"d Street King County, Washington October 11, 2006 CG File No. 2135 Page 16 We appreciate the opportunity to be of service to you. If there are any questions concerning this report or ifwe can provide additional services, please call. Sincerely, 7iff z:~""''_'·_'n_c· __ Phil Haberman, LG Project Geologist Rick B. Powell, PE President P AH:JPL:RBP:nt Three Copies Submitted Six Figures Information about this Geotechnical Engineering Report Cornerstone Geotechnical, Inc. Vicinity Map N f F G 4 Cornerstone Phone:(425)844-1977 . "'Geotechnical, Inc. Fax:(425 lB 44 •1957 -17625-130!h Ave NE, C-102 • Woodinville, WA, 98072 Wagner Property FIio Num bor Figura 2135 1 -$- , ~,., ''::!. ! 0 40 Scala 1""' 40' ;. \:l \ l~·-·-AiL......-:-·-7 r l " ,...,f" ,- \ J V ., ', ·v···-~ .... I ·-rrn_3 y -• .... , ·, I 1.r. I /,,. '\\ i r. TP-6 .\ !,.~ jl " .,. I.,. .... BO ·--4 L ) ; r \ ... #.- ·-- .. N A)•,· ,,, t ·11,,__ DoHIC0~,1 ) ~, \W-:-~ ----......... \ ' ·-. Site Plan "' ,· s>;;,,,u; I' , ill ' ,., '1 ---...,_,/ --"if';:J _,..,.,...-·, 1 ~· 1lff :<. ).. 1 J ...--;,..n,.:.~; II .. JJt \~ r · j9,&1 J i l I I _J_ ' ' · .... ,,-. \ . 'co '\ '\,,,,,,,, '\\\ ~ .. \ ' _ _J' _ ~ _ )1 _1 (D Tt=r--rp b--. S. E. : .,..----------'~,,--. "!"' 'r-tn.. ~...I ·.~ ···~ ......... _________ .. . ~ .?'-I -------.! __ _ _/__ r-•--....-,___ /10.0· I ,.....1__.. ... 1111 \ ( \ \ " I g I I I • ~ ---, !r I =I Q, I (.,.J 0, ~ I / . TP-111 I ; ; -t ·: } .,( r'" /·11 ' I i :} l ,---· '-• I ' ,,-/ /.,, ~ ; •• / . / == \ / , ,, //~-~ . ,,,(' ~ -..:_ -..,.r4--/r/· --~~ --F'-? (• • I / • -··------.r.-1 ,,f / /" / .. ' , . .. 35,0' LEGEND Cornerstone Phone: (425) 844-1977 Wagner Property Number and Approximate Location of Test Pit eo ec nJCa J nc. Fila Number Figure G t h · I I Fax: (425) 844-1987 I I -17625-1301hAveNE,C-102 •Woodinville, WA• 98072 2135 I 2 ' -.. -..,,-.,.., Unified Soil Classification System ----· MAJOR DIVISIONS GROUP GROUP NAME SYMBOL GRAVEL CLEAN GRAVEL COARSE· GW WELL-GRADED GRAVEL, FINE TO COARSE GRAVEL GRAINED MORE THAN 50% OF GP POORLY-GRADED GRAVEL COARSE FRACTION SOILS RETAINED ON NO. 4 GRAVEL SILTY GRAVEL SIEVE WITH FINES GM GC CLAYEY GRAVEL MORE THAN 50% CLEAN SAND RETAINED ON SAND SW WELL-GRADED SAND, FINE TO COARSE SAND number 200 SIEVE SP POORL\CGRADEDSAND MORE THAN 50% OF COARSE FRACTION SAND PASSES NO. 4 SIEVE WITH FINES SM SILTY SAND SC CLAYEY SAND SILT AND CLAY INORGANIC ML SILT FINE- GRAINED LIQUID LIMIT LESS THAN 50% CL CLAY SOILS ORGANIC OL ORGANIC SILT, ORGANIC CLAY MORE THAN 50% SILT AND CLAY INORGANIC PASSES NO. 200 SIEVI MH SILT OF HIGH PLASTICITY, ELASTIC SILT LIQUID LIMIT 50%0RMORE CH CLAY OF HIGH PLASTICITY, FAT CLAY ORGANIC OH ORGANIC CLAY, ORGANIC SILT HIGHLY ORGANIC SOILS PT PEAT NOTES: SOIL MOISTURE MODIFIERS 1) Field classification is based on · Diy-Absence of moisture, dusty, dry visual examination of soil in general to the touch accordance with ASTM D 2488-83. 2) Soil classification using laboratoiy Moist-Damp, but no visible water tests is based on ASTM D 2487-83. Wet-Visible free water or saturated, 3) Descriptions of soil density or usually soil is obtained from consistency are based on below water table interpretation of blowcount data, visual appearance of soils, and/or test data. Cornerstone Phone: ( 425) 844-1977 Unified Soil Classification System · Geotechn ical, Inc. Fax: <42§l 844-1987 -17B25-130lhAve NE, C-102 • Woodinvllle, WA" 98072 Figure 3 DEPTH. TEST PIT ONE 0.0-1.5 1.5-4.0 4.0-8.5 TESTPITlWO 0.0-2.0 2.0-3.0 3.0-10.0 TEST PIT THREE (ENTIRE LENGTH) 0.0-1.5 1.5-4.0 4.0-10.0 use SM SM SM SM SM SM SM SM SM LOG OF EXPLORATION SOIL DESCRIPTION DARK YELLOWISH BROWN SIL TY FINE SANO WITH ORGANICS (LOOSE, DRY) (FOREST DUFFrrOPSOIL) YELLOWISH BROWN SILTY FINE SAND WITH GRAVEL AND LOCAL ROOTS (LOOSE TO MEDIUM DENSE, DRY TO MOIST) (WEA THE RED GLACIAL TILL) YELLOWISH BROWN TO GRAYISH BROWN SILTY FINE SAND WITH GRAVEL AND LOCAL COBBLES (DENSE TO VERY DENSE, MOIST) (GLACIAL TILL) SAMPLES WERE COLLECTED AT 3.0, 4.0, 7.0, AND 8.0 FEET GROUND WATER SEEPAGE WAfl NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 8.5 FEET ON 8-29-2006 DARK YELLOWISH BROWN SIL TY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFF/TOPSOIL) YELLOWISH BROWN SILTY FINE SAND WITH GRAVEL AND TRACE ROOTS (LOOSE TO MEDIUM DENSE. DRY TO MOIST) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO GRAYISH BROWN SIL TY FINE SAND WITH GRAVEL (DENSE TO VERY DENSE, MOIST) (GLACIAL TILL) SAMPLES WERE COLLECTED AT 2.0, 4.0, 6.0, AND 8.5 FEET GROUND WATER SEEPAGE WAfl NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 10.0 FEET ON ll-29-2006 DARK YELLOWISH BROWN SILTY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFF/TOPSOIL) YELLOWISH BROWN SIL TY FINE SAND WITH GRAVEL AND LOCAL ROOTS (MEOIUM DENSE, DRY TO MOIST) {WEATHERED GLACIAL TILL) YELLOWISH BROWN TO GRAYISH BROWN SILTY FINE SAND WITH GRAVEL (DENSE TO VERY DENSE, MOIST) (GLACIAL TILL) SAMPLES WERE COLLECTED AT 3.0, 6.5, AND 9.0 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 10.0 FEET ON 8-29-2006 CORNERSTONE GEOTECHNICAL, INC, FILE NO 2135 FIGURE4 DEPTH TEST PIT FOUR (LOCATION 1) D.0-1.25 1.25-2.D 2.0-9.5 TEST PIT FOUR (LOCATION 2) 0.0-1.25 1.25-2.0 2.0-9.0 9.0-10.0 10.0-11.5 TEST PIT FOUR (LOCATION 3) o.o-1.5 1.5-2.0 2.0-7.0 use SM SM SM-ML SM SM SM-ML ML-CL SM-ML SM SM SM-ML LOG OF EXPLORATION SOIL DESCRIPTION DARK YELLOWISH BROWN SIL TY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFFFTOPSOIL) DARK YELLOWISH BROWN TO YELLOWISH BROWN SIL TY FINE SAND WITH GRAVEL ANO TRACE ROOTS (MEDIUM DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO ORANGISH TAN SILTY FINE SAND TO SANDY SILT(MEOIUM DENSE/STIFF TO DENSE/VERY STIFF, MOIS1) (WEATHERED RENTON FORMATION) LOCAL PIECES OF BEDROCK (SANDSTONEJAT 8 FEET SAMPLE WAS COLLECTED AT 9.5 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED THIS PORTION OF THE TEST PIT WAS COMPLETED AT 9.5 FEET ON 8-29-2006 DARK YELLOWISH BROWN SIL TY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFFFTOPSOIL) DARK YELLOWISH BROWN TO YELLOWISH BROWN SILTY FINE SAND WITH GRAVEL AND TRACE ROOTS (MEDIUM DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO ORAN GISH TAN SIL TY FINE SAND TO SANDY Sil T (MEIOUM DENSE/STIFF TO DENSE/VERY STIFF, MOIS1) (WEATHERED RENTON FORMATION) OLIVE GRAY SILT WITH CLAY (VERY STIFF TO HARD, MOIST) (PARTIALLY WEATHERED RENTON FORMATION) OLIVE GRAY SIL TY FINE SAND TO SANDY SILT (VERY DENSE/HARD, MOIST) (PARTIALLY WEATHERED RENTON FORMATION) SAMPLE WAS COLLECTED AT 10.0 FEET LIGHT GROUND WATER SEEPAGE WAS ENCOUNTERED AT 11.5 FEET TEST PIT CAVING WAS NOT ENCOUNTERED THIS PORTION OF THE TEST PIT WAS COMPLETED AT 11.5 FEET ON B-2!).2006 DARK YELLOWISH BROWN SIL TY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFF/TOPSOIL} DARK YELLOWISH BROWN TO YELLOWISH BROWN SIL TY FINE SAND WITH GRAVEL AND TRACE ROOTS (MEDIUM DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO DRANGISH TAN Sil TY FINE SAND TO SANDY SILT (MEDIUM DENSE/STIFF TO VERY DENSE/HARD, MOIST) (WEATHERED RENTON FORMATION) SAMPLE WAS COLLECTED AT 6.0 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED THIS PORTION Of THE TEST PIT WAS COMPLETED AT 7 FEET ON 8-29-2006 __________ ,, _________________________________ _ CORNERSTONE GEOT.ECHNICAL, INC, FILEN02135 FIGURES DEPTH TEST PIT FOUR (LOCATION 4) 0.0-1.5 1.5-3.0 3.0-4.0 4.0-10.0 TEST PIT FIVE 0.0-1.5 1.5-4.5 4.5-5.5 4.0-10.0 TEST PIT SIX 0.0-3.0 3.0-6.0 6.0-9.0 USC SM SM SM-ML OL SM SM SM-ML OL SM SM SM-ML LOG OF EXPLORATION SOIL DESCRIPTION OARK YELLOWISH BROWN SIL lY FINE SAND WITH ORGANICS (LOOSE, DRY) (FOREST DUFF/TOPSOIL) DARK YELLOWISH BROWN TO YELLOWISH BROWN SIL lY FINE SAND WITH GRAVEL AND TRACE ROOTS (MEDIUM DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO ORANGISH TAN SILlY FINE SAND TO SANDY SILT (DENSENERY STIFF TO VERY DENSE/HARD, MOISl) (WEA THE RED RENTON FORMATION) BROWN TO DARK BROWN COAL (VERY STIFF TO HARD, MOIST) (COAL SEAM WITHIN RENTON FORMATION) SAMPLE WAS COLLECTED AT 8.0 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 10.0 FEET ON 8-29-2006 DARK YELLOWISH BROWN SILlY FINE SANO WITH ORGANICS (LOOSE, DRY) (FOREST DUFF/TOPSOIL) DARK YELLOWISH BROWN TO YELLOWISH BROWN SIL lY FINE SAND WITH GRAVEL AND TRACE ROOTS (MEDIUM DENSE TO DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO ORANGISH TAN SIL TY FINE SAND TO SANDY SILT (MEDIUM DENSE/STIFF TO DENSENERY STIFF, MOISl) (WEATHERED RENTON FORMATION) BROWN TO DARK BROWN COAL (VERY STIFF TO HARD, MOIST) (COAL SEAM WITHIN RENTON FORMATION) SAMPLES WERE NOT COLLECTED GROUND WATER SEEFAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 11.0 FEET ON 8-29-2006 DARK YELLOWISH BROWN SIL lY FINE SAND WITH ORGANICS AND DEBRIS (LOOSE, DRY) (UNDOCUMENTED FILL) YELLOWISH BROWN SILlY FINE SAND WITH GRAVEL AND TRACE ROOTS (MEDIUM DENSE TO DENSE, DRY) (WEATHERED GLACIAL TILL) YELLOWISH BROWN TO ORANGISH TAN SIL lY FINE SAND TO SANDY SILT (MEDIUM DENSE/STIFF TO DENSE/VERY STIFF, MOIST) (WEATHERED RENTON FORMATION) SAMPLES WERE NOT COLLECTED GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PITWAS COMPLETED AT 9.0 FEET ON 8-29-2005 CORNERSTONE GEOTECHNICAL, INC. FILE N02135 FIGURES .,------Geotechnical Engineering Report----------- . Geotechnical Services Are P.erformed for Specific Purposes, Persons, and Projects Geolechnical engineers structure their serv'1ces io meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engi- neer may not fulfill the needs of a conslruction contractor or even anolher civil engineer. Because each geoleclmical engineering study is unique, each geotechnical engineering report is unique, prepared solelylor the client. No one except you should rely on your geotechnicat engineering report wilhout first conferring wilh lhe geotechnicat engineer who prepared il Anc1 no one -not even yw-shoutd apply the report for any purpose or project except the one originally contemplated. Read the Full Report Serious problems have occurred bec.1use those relying on a geotechnical engineering report did not read ii all. Do nol rely on an executive summruy. Do not read selected elements only. A Geotechnical Engineering Report Is Based on II Unique Set of Project-Specific Factors Geotechnical engineers consider a number of unique, project-specific lac- lors when establishing the scope of a sludy. Typical factors include: the client's goals, objectives, and risk management preferences; !he general nature of the structure involved. its size, and configuration; !he locanon of !he structure on !he site; and other planned or existing site improvements, such as access roads, parking lots, and underground ulililies. Unless the geotechnical engineer who conducted !he study specifically indicates oth- erwise, do not rely on a geotechnical engineering report that was: • not prepared for you, 0 not prepared for your projocl, • not prepared for \he specific site explored, or • completed belore important project changes were made. Typical changes that can erode 1110 reliability of an existing geolechnical engineering report include lho,e Iha! affect: • the function of the proposm structure, as llllen it's changed from a parking garage to an omcc building, or lrom a lighl industrial plant lo a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • comppsition of the de~ign learn, or • project ownership. As a general rule, always inform your geotechnicaf engineer of project changes--ilven minor ones-and request an assessment of !heir impact G[){)technical engineers cannot accept responsibility or liability for pmblems Iha/ occur because U1eir repo!ls do not consider developments of which lliey wem nat informed. · Subsurface Conditions Can Change A geotechnical engineering report is based on conditions thal existed al !he time the study was pertormed. Do not rely on a geotechnica! engineer- ing mportwhose adequacy may have been affected by: Iha passage of time; by man-made.events, such as construction on or adjacent to !he site; or by natural events, such as floods, earthqual1is, or groundwater fluctua- tions. All!\lys contact the geotechnical engineer before applying the report ID determine ii it is still reliable. A minor amount of additional testing or analysis could prevent major problems. Most Geotechnical Findings Are Professional Opinions Site exploraaon identifies subsurtace conditions only at those points where subsurface tests are conducted or samples are laken. Geolechnical engi- neers review field and laboratory dala and then apply their professional judgment lo render an opinion about subsurface conditions lhroughout tl1e site. Actual subsurface conditions may differ-sometimes significanlly- from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observalion is Uie most effective method of managing !he risks associated with unanticipated conditions. II Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. TliDse recommendations are not final, because Q[){)technical engi- neers develop them principally from judgment and opinion. Geolechnical engineers can finalize their recommendations·only by observing actual '----------····-·· ·-----·-·-------------------------_., --·· subsurtace conditions revealed durinq wnslruction. The geotechnic./ engineer who dew/oped your repwt cannot assume responsibility or /iabili/y for the report's recommendations if that engineer does not perform construction observanon. · A Geotechnical Engineering Report Is Subject to Misinterpretation Olher design team members' misinlmprntalion of geotechnicaf engineering · ruports has resulfBd in cosily problems. Lower that risk by having your geo- fechnlcaf engineer confer with appropriate membera of the design learn al!Br submitting the report Also relain your geofechnical engineer lo review perti- nent elements of the design team's plans and specificallons. Contraclora can also misinterpret a geotechnical engiooering report. Reduce that risk by having your geotechnical engineer participate in prellid and preconstruclion conferences, and by providing construclion observation. Do Not Redraw the Engineer's Logs Geotechnical engineera prepare final boring and testing logs based upon lhelr lnlerpretation of field fogs and faboralory data. To prevent errors or omissloos, the logs included in a gcolechnicaf engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction Is acceptable, but recognilli /h;Jt separating logs from the report c.n_eleva/a risk. Give Contractors a Complete Report and Guidance Some owners· and design professionals mistakenly believe they can make contractors liable for unanticipaled subsurtace conditions lly limiting what they provide forbid preparation. To help prevent costly problems, give con- traclors !he complete geotechnlcal engineering report, bu/preface ~ wilh a clearly writlen fetler of lransmiHal. In lhat teller, advise contractors that the report was not prepared for purposes of bid development and !hat the report's accuracy Is limiled; encourage them to confer ~th !he geo!echnlc:al engineer who prepared the report (a modest fee may be required) and/or to conduct addi!looal study lo obtain the specific types of infonna!lon !hey need or prefer. A prebid conference can also be valuable. Be sure con/Jae- /ors have sufficient ffme to pertorm additional study. On~ then might you · be in a position to give contractors lhe bes! lnfonnatlon avallallfe to you, while requiring !hem lo at least share some of the financial responsillllities slemming lrom unanticipated coruJilions. · Read Responsibility Provisions Closely Some clients, design professiooals. and conlraclors do not recognize lhat geotechnical engineeiing is far le.,s exact lhan olher engineering disci- plines. This lack of understanding 1,as crealed unrealistic expectations lhal have Jed to disappointments. claims, and dispules: To help reduce !he risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their reports. Sometimes labeled 'limitations' many of these provisions indicate where geotechnicaf engineeis' responsi- bilities begin and end. to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to pertorm a geoenviron- mental study differ significantly from those used lo perform a geolechnical study. For that reason, a geolechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about lhe likelihood of encountering underground storage tanks or regulated contaminants. Unanlicipa/ed environmental problems have led to numerous project tailU!eS. If you have not yet obtained your own geoen- vironme11taf information, ask your geotechnlcaf consultant for risk man- agement guidance. Do not rely on an environmental report pmpared for someone else. Obtain Professional Assistance To Dear with Mold Diverse strategies can be applied during building design, consbuction, operation, and maintenance to prevent significant amounts of mold from growing on indoor surtaces. To be effective, all such strategies should be devised for the expness pu/'f!DS8 of mold prevention, integrated into a com- prehensive plan, and executed with diligent oversight by a professional mold prevention consultant Biµuse just a small amount of water or moisture can lead to the development of severe mold lnfesta!ions, a num- ber of mold prevention strategies focus on keeping building surfaces dry. Whlfe groundwa!el, water lnfif!ralion, and similar issues may have been addressed as part of !he geotechnicaf engineering study whose findings are conveyed In this report, the geo!echnical engineer in charge of this project Is not a mold prevention consultant; none of the services per- formed In connection with the geotechnfcal engineer's study were designed or conducted tor the purpose of mold preven- tion. Proper Implementation of the recommendations conveyed in this repot1 wl/1 not of itself be sufficient to prevent mold from growing In or on the structure fnvolved. Rely, on Your ASFE-Member Geotechncial Engineer for Additional Assistance Membership in ASFE/fhe Best People on Earth exposes geo!echnica! engineers to a wide array of risk management lechniques thal can be of genuine benefit for everyone involved with a conslruciion project. Confer with you AS FE-member geotechnical engineer for more informaUon. A5FE TIie B1111 Ponll GIi Earlll 8811 Colesville Road/SuHe G106, Silver Spring, MD 20910 Telephone: 301/565-2733 Facsimifo: 301/589·2017 e-mail: info@asfe.org www.asfe.otg Copyright 2004 t,y AS1E IJW. Ol/p/kamm, ,eproduolitm, orcopy/nQ of //JI$-,_ fn who/o or In parl, t,y any me,ns IMlillsoe><r. ls s/rlcfJy p,o/llb/J,d, =f11 wfll, ASID specitk wrllten psrmlsslDn. ExurpJing, quaring, or otMrwiss extnctJng warding fmm t/JJs dacvment is pBnn/tud 011/y with tllS Bkp/?SS WTil1Rl1 pbrmissfon df ASf!; arrd o~ foF pUfP0$8$ of scholl/tt restSJCh or book revfew. Only members of ASF£ may usa this document as a comp/em8nt to or ;rs an et.ement of a ~ enginesring mpatt. tiny uther finn, lndlvltllA1, or OlhBr entity 1001 so usos this document wfthDut bdJra an ASFE 111B111ber CDIJ/d b6 committing negtJgem or lntentlollil {fr.ltldufent) misrepresentation. liGEflll6045.DM ( September 12, 2007 Matt Grimm Gem Construction, Inc. 21501 Connells Prairie Road East Buckley, Washington 98321 ICICLE CREE!( ·r--. ENGINEERS C-:t!L), .. ..- Geotechnical, Geologic and Environmental Services ,.lr.- MENT pu,..NNING OEV~if~ OF RENTON INTRODiJCTION Letter Report APR 1 02008 RECEIVED Geological Engineering Services Coal Mine Hazard E,,a]uation Ground Proofing Program Proposed Residential Short Plat Wagner Property King County Tax Parcel No. 2923059023 Renton (King County), Washington ICE File No. Q766-001 This letter report summarizes the results oficicle Creek Engineers' (ICE' s) ground proofing program ofaModerateRisk Sinkhole Hazard area within the south portion of.King County Tax Parcel No. 2923059023 (referred to as the Wagner Property) located off of the east end of 172nd Avenue SE near Renton in King County, Washington. Our services were completed in general accordance with our Proposal dated June 25, 2007 and were authorized in writing by Matt Grimm of Gem Construction, Inc., the property owner, on July 6, 2007. The project site is shown relative to nearby physical features on the Vicinity Map, Figure 1. ICE previously completed a preliminary coal mine hazard assessment of the property. The results of this study are presented in our letter report dated May 7, 2007. In our May 2007 preliminary assessment, w~ classified the south portion of the property as a Moderate Risk Sinkhole Hazard area that may be suitable for open space and trails. We further described in that report that with additional subsurface exploration (referred to as "ground proofing"), this Moderate Risk Sinkhole Hazard area could be "declassified" (no building restrictions associated with coal mine hazards) ifit could be shown that the underlying coal seams (Upper and Lower Splits of the Springbrook No. 3 Coal Seam) were intact (not mined). Specific details regarding the mining history oftbis area are described in ICE's May 2007 report. ' SUMMARY OF FINDINGS The coal seams were evaluated by drilling a test boring (Boring B-1) to a depth ofabout 71 !6. feet on August 23, 2007. The test boring was drilled using track-mounted, hollow-stem drill equipment owned and operated by Holocene Drilling, Inc. of Fife, Washington. The test boring was located in the field by measuring from known surface features. The ground surface elevation of the test boring was approxunated using a topographic site plan provided by Mr. Grimm. The approximate location of the test boring is shown on the Site Plan, Figure 2. Upon completion, the test boring was backfilled in general accordance with Washington State Department of Ecology guidelines. The test boring was continuously monitored by an engineering geologist from ICE who classified the soils or bedrock encountered, obtained representative soil and bedrock samples, observed ground water conditions (when possible) and prepared a detailed log of the exploration .. Matt Grimm Gem Construction, Inc. September 12, 2007 Page2 The soil consistencies noted on the log are based on the conditions observed, our experience and judgment, and blow count data and/or drilling resistance during drilling. Representative samples were obtained from the test boring at 5-foot depth intervals using a 1.5-inch inside-diameter split-spoon standard penetration test (SPT) sampler. The SPT sampler was driven 18 inches with a 140-pound weight falling a vertical distance of approximately 30 inches. The number of blows required to drive the sampler the last 12 inches, or other indicated distance, is recorded on the test boring log. The drilling resistance was monitored for soil/bedrock density, and to evaluate for the presence of voids that would indicate open mine workings. Soils encountered were visually classified in general accordance with the classification system described in Figure 3. Bedrock was classified using standard geological methods. The test boring log is presented in Figure 4. The test boring log is based on our interpretation of the field data and indicates the various types of soil and bedrock encountered. The boring log also indicates the depth at which these soil and rock types or their characteristics change, although the change might actually be gradual. If the change occurred between samples in the test boring, it was inteipreted. Ground water conditions were observed to the extent it was practical when using hollow-stem drilling methods. Boring B-1 encountered about 5 feet of soil overburden consisting of silty sand with gravel underlain by sedimentary bedrock (referred to as the "Renton fomiation"). The bedrock consisted of weathered, medium dense, fine-grained sandstone bedrock from a depth of about 5 to 7V. feet that graded to unweathered, very dense fine-grained sandstone and carbonaceous shale from a depth of about 7V. to 23 feet. At a depth of about 23 feet, the drilling resistance indicated soft drilling. The soft drilling resistance, blow count data and rock samples indicated the boring encountered caved rock from a depth of about 23 feet to 67 feet (44-foot thickness). The caved rock consisted of very loose to medium dense coal and sandstone fragments. A 2-foot thick void was encountered at about 45 to 47 feet below the ground surface. At a depth of about 67 feet, the drilling resistance increased suggesting intact bedrock (dense carbonaceous shale) to the completion depth of the boring at about 71 V. feet. Ground water was observed during drilling at a depth of about 18 feet. CONCLUSIONS Based on the results of our ground proofing program, the underlying Upper and Lower Splits of the Springbrook No. 3 Coal Seam are not intact in the area of Boring B-L It is probable that progressive caving, over time, of the two coal seams and bedrock interlayer has occurred causing the unstable and loose caved rock encountered in Boring B-1. RECOMMENDATIONS Because the condition of the coal seams was not intact as expected, we contacted Mr. Grimm to discuss the results of Boring B-1. We adyised Mr, Grimm that.the results of Boring B-1 were unfavorable for mine.b.a?.!ul:l'.'declassification" of the Moderate Risk Sinkhole Hazard area. Further exploration (two borings -----... -' . ' . ---· . -... •''' . --. . were planned to the west of Boring B-1) would likely encounter similar conditions ( caved rock) and, if caved rock was encountered, would not provide supporting data for declassification of coal mine hazards. We recommended to Mr. Grimm that the ground proofing program should be curtailed with the completion of Boring B-1. Mr. Grimm agreed with this recommendation. For the purpose of site development, we recommend that the area in the south portion of the Wagner property, south of the north edge of the Lower Split Coal Seam, maintain the cJassifi~Q.ll_!1'!,!l_''M_o~~Risk Sinkhole Hazard Area" as presented in the ICE's May 2007 report as shown on Figure 2. ----·-.::;:,:-. Icicle Creek Engineers n1,;.,;,nn11no1 ?n"7 Matt Grimm Gem Construction, Inc. September 12, 2007 Page3 USE OF THIS REPORT We have prepared this report for use by Gem Construction, Inc. for their use in planning development of the site. The data and report should be provided to permitting agencies for their information, but our report conclusions and interpretations should not be construed as a warranty of the subsurface conditions. When the design has been finalized, we recommend that the final design and specifications be reviewed by our firm to see that our recommendations have been interpreted and implemented as intended. There are possible variations in subsurface conditions between the locations of the explorations and also with time. A contingency for unanticipated conditions should be included in the project budget and schedule. We recommend that our firm be retained to provide sufficient monitoring, testing and consultation during construction to evaluate whether the conditions encountered are consistent with those indicated by the explorations and to provide recommendations for design changes should the conditions encountered during the work differ from those anticipated. Within the limitations of scope, schedule and budget, our services have been executed in accordance with generally accepted practices in this area at the time the report was prepared. No warranty or other conditions, express or implied, should be understood. *******~************ We trust this letterreport meets your present needs. Please call if you have any questions concerning this report. Document ID: 0766001.REP Two copies submitted Attachments: Vicinity Map-Figure l Site Plan -Figure 2 Explanation for Boring Logs -Figure 3 Boring Log-Figure 4 Icicle Creek En2ineers Yours Vel}'truly, Icicle Creek Engineers, Inc. ~ Matthew M. Kogle Senior Staff Geologist Principal Engineer/Geologist ""'".,.""' '""'"'" ... I en er en 0 i •• •1 I . ! 17~ - ,_ 0 2,000 Scale in Feet :i . z·· .!!! u: t'J. Icicle Creek En!Zineers N 4,000 v;,..;n;h:r l\A" .,.,.. _ P,rn,r,. 1 " Q -.,.___ " £; -----,, . "' :;; SE 172nd Street :;; iil ~ a'. [I] 55' / Base map reterance: $Uh Terra, Inc., Sep1emb.er 22.. 2006, Flgure 2. 0 40 1 80 Approximate Scale in Feet " ii: ~ Icicle Creek· Engineers- \ D 'q' Ill V, (') 80' 0' (j) fl1 1--------'""0"-' ____ _. 80' V, (') N 1-~-~--"'-8"'"3'~__::.;:..i.-~lQ.--1 .~ , Lower Split Coal Seam '7 'i' ,.,(' ( ( , Upper Split Coal Seam ' 8 _ 1 EXPLANATION EB Boring Location (ICE, August 23, 2007) TT-1 f¥%@&WJJ-~- Trench 1 m Le,.:: -1 orTF--::.'j TestTrench Location (ICE, May 1, 2007) Test Trench and Pit Location (Cornerstone Geotechnical, 2006) ~ ... Moderate Risk Sinkhole Hazard Area: ~ (appttl.droale ·see ICE Uay, 2.007 report for addlt~ detail} ·------------------------, Unified Soil Classification System Soil Classification and MAJORDMSIONS Generalized Group Description Coarse-GRAVEL GW Well-graded gravels Grained CLEAN GRAVEL Poorly-graded gravels More than 50% GP Soils of coarse fraction retained on the GRAVEL WITH GM Gravel and silt mixtures No. 4sieve FINES GC Gravel and clay mixtures SAND CLEAN SAND SW Well-graded sand More than 50% SP Poorly-graded sand More than SO% of coanc fraction SAND WITH SM Sand and silt mixtures retained OD the passes the FINES SC Sand and clay mixturea No. 200 sieve No. 4 sieve Fine-SILT AND CLAY ML Low-plasticity silts Grained INORGANIC Soils· CL Low-plasticity clays Liquid Limit ORGANIC OL .LOW plas1city orgamc silts less than SO and organic clays SILTANDCLAY MH High-plasticity silts INORGANIC High-plasticity clays More than SO% CH passing the Liquid limit ORGANIC OH High-plasticity organic silts No. 200 sieve greeter than SO and -... .. : .. clavs Highly Oip!Uc Soils: Primarily orgaak matter with organic odor PT Peet Nott:!: I) Soil clusificlllioa bmcd an visual d:mificntiDn ofsail is based OIIASTM D24&~o .. 2) Soil clmUlca!lon miaa laboratory 1em. is based caASIM D2487-90, 3) Dcscriptina of ,oil cL:mity ar combtmcy is l,ucd DII. iDt=ptclatioa afblow COi.im data lllld/o:r test data. Key to Boring Log Symbols Sampling Method Boring Log Description Symbol 34 I Location of relatively undisturbed sample Blows required to drive a 2.4 inch lD. split-barrel sempl ... I 12-inches or ether indicated 12 l.Dcation of disturbed sample distance using a 300-pound hammer fulling 30 inches. 21 D Location of sample attempt with no recovery Blows required to drive a 1.S· ~ Location of sample obtained in general inch LD. split ham:! sampler 14 accordance with Standard Peoetration Test (SPT • S!llndenl Penetration (ASTM D-1586) test procedures. Test) 12-inchcs or other iodicated distance using a rn location of SPT sampling attempt with no 140-pound hemmer fulling 30 30inches. recovery. Pushed Sampler p 0 Sampler pushed with the weight of the hemmer or against weight of the drilling rig Grab Sample G ~ Semple oblained from drill cuttings. Note: The lines sq,am.1:mg soil rypes on the logs reprcscnb approxhnBle botutdaries only. The actual boundaries may vay or be gradual. Tcicle (;reek Rmrineers Soil Particle Size Definitions Component Size Range Boulders Coer.;er than 12 inch Cobbles 3 inch to 12 inoh Gravel 3 inch to No. 4 (4.78 mm) Coarse 3 inch to 3/4 inch Fine 3/4 inch to No. 4 (4.78 mm) Sand No. 4 (4.78 mm)to No. 200 (0.074mm) Coaa;e No. 4 (4.78 mm)to No. 10 (2.0mm) Medium No. lO (2.0 mm) to No. 40 (0.42mm) Fine No. 40 (0.42 mm) to No. 200 (0.074mm) Silt and Clay FinerthanNo.200 (0.074mm) Soil Moisture Modifiers Soil Moisture Description DIY Absence of moisture Moist Damp, but no visible water Wet VISible water Laboratory Tests Test Symbol Density DN Grain Size GS Percent Fines PF Atterberg Limits AL Hydrometer Analysis HA Consolidation CN Compaction CP Permeability PM Unconfined Compression UC Unconsolidated Undrained TI uu Consolidated Undrained TX cu Consolidated Drained TX CD Chemical Anal""is CA .... .-------------, I Boring B-1 ;; ~ Approximate Ground Surface Elevation: 423 feet I ~ " i .... 'ID 8'. .5 = a. .. C 0 5 Soil Profile Description Brown silty fine to medium SANO v.th gravel (weathered soil) (drill aitt!ngs) .!! .c a. e g, C) ...J ,,, Sample Data SM Rock Rock 70 92/ 10• ··········-·····-··"'······--·····················---················--···········----·· :_:. ~ .. ·····---···· ·---·-···· ........ . .. • Page 1 of2 Pie:zometer lnslallation • Ground Water Oala Dark browrrblack catbonaceous SHALE (very dense, 1--f--t--+--+--i wet) (Renton fo:mation bedrock) ·····---------------·········································-·······--············ CAVED ROCK • Coal and Sandstone Fragments (IOose, wet) (caved Lower and Upper Splil Coal Seam) 25 soft drilling below 23 feet 30 35 grades to very Joose Icicle Creek Engineers Rock 78 ~ 7 • 4 ~ . Push 0 • ground wa obse,ved at 18 feel Rnrino T nn--p;n--,,..-o A ..... ~ Boring B-1 .... <:! "' C i,i :g :g Page2 of2 'iii Soil Profile Sample Data Penetration Resistance .. (Blows/foot -•) 2-Piezometer IL 0 'IQ 0 0 ~a, Installation. .E .!l a.o o, C .c ~§ D.g Moisture Content "C Ground Water £ Description a. = .0 EB O·- 0. I! "' i5 !, (Percent -II) .c;; Data .. Cl .3 _o .. 0 -5'2 0 CD U (/) ..J 0 40 qO 0 40 CAVED ROCK· Coal and sandstone Fragments Caved ~ ~ (toose, wet) (caved Lower and Upper Sp6t Coal Seam) Rocle 1 ~ ;.:. .,, .,, • !8 0 ..., 45 drilling resistance Indicates void from 45 and 47 feet ~ -· Void ~ € caved Push 0 ~ Rock -.. e' ;:; ... ' " !i. 50 ~ .~ it-3 -.. '" a "' = 0 M iii 1 55 grades lo loose ~ l Caved 5 Rocle .. ~ b -.. C ; = 8 i:• .. 60 C grades lo very loose ~ ,.,_ Q 2 =·· ;; harder drilling between 61 and 62 feet ~ ij z softer drfUlng below 62 feet u u ·e-.. 65 grades to medium dense 12 ~ • ·······-........... -········· Dark brown-blacle carbonaceous SHALE (dense, moist lo wet) (Renlon funnation bedrock} 70 36 • . .. Boring completed at 71.5 feet on August 23, 2007 Ground water observed at 18 feet 75 Icicle Creek Engineers Borino-T .no--Pimmo, LI. ~ First American First American Title Insurance Company August 13, 2013 Justin Lagers PNW Holdings LLC 9725 SE 36th ST STE 214 Mercer Island, WA 98040 Phone: Fax: Title Officer: Phone: Fax No.: E-Mail: Order Number: Escrow Number: Buyer: Owner: Property: 818 Stew a rt St, Ste 800 Seattle, WA 98101 Kristi Mathis (206)615-3206 (866)859-0429 kkmathis@firstam.com 1989803 1989803 Lotto Vacant Land Washington Attached please find the following item(s): Guarantee RECE\\/ED /1,UG l 5 "1.G\3 oFREN"fON C~~NNING DIVISION Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! orm 5003353 (2-1-13) Page 1 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington ~ First American Guarantee Third Report Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-1989803 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LJABILTIY AND THE CONDCT10NS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called the Company GUARANTEES PNW Holdings LLC, a Washington Limited Liability Company the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company DennisJ. Gilmore President Form 5003353 (2· 1 · 13) Page 2 of 10 Timothy Kemp Secretary This jacket was created electronically and constitutes an original document uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington 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 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 sh al I 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 orm 5003353 (2-1-13) Page 3 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington GUARANTEE CONDITIONS AND STIPULATIONS {Continued) 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. 5. 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. If 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 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 prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. 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. 8. 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 Form 5003353 (2-1-13) Page 4 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 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 title1 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. 9. 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. 10. 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. 11. 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 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 1 interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable Jaw, either the Company or the Assured may demand arbitration pursuant to the litle Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to1 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 Guarantee1 this Guarantee shall be construed as a whole. (b) Any claim of Joss 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 First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707 qaims.NIC@firstam.com Phone: 888-632- 1642 Fax: 877-804-7606 First American Title Form 5003353 (2-1-13) Page 5 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75 Washington ·~ First American --~ Subdivision Guarantee ISSUED BY , Schedule A First American Title Insurance Company GUARANTEE NUMBER 1989803 Order No.: 1989803 Liability: $1,000.00 Name of Assured: PNW Holdings LLC, a Washington Limited Liability Company Date of Guarantee: August 05, 2013 The assurances referred to on the face page hereof are: 1. 1itle is vested in: Fieldbrook Commons, LLC, a Washington limited liability company Fee: $350.00 Tax: $33.25 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5003353 (2-1-13) Page 6 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington I 'Iii s A"" .. •' C '~ First American Subdivision Guarantee i ISSUED BY Schedule B First American Title Insurance Company GUARANTEE NUMBER 1989803 RECORD MATTERS 1. General Taxes for the year 2013. Toe first half becomes delinquent after April 30th. Toe second half becomes delinquent after October 31st. Tax Account No.: 292305-9022-00 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 1st Half $ 3,450.11 $ 3,450.11 $ 0.00 $ $ 473,000.00 0.00 2nd Half $ 3,450.10 $ 0.00 $ 3,450.10 $ 473,000.00 $ 0.00 Parcel A 2. General Taxes for the year 2013. Toe first half becomes delinquent after April 3oth. The second half becomes delinquent after October 31st. Tax Account No.: 292305-9168-04 1st Half Amount Billed: $ 1,284.69 Amount Paid: $ 1,284.69 Amount Due: $ 0.00 Assessed Land Value: $ 180,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 1,284.69 Amount Pa id: $ 0.00 Amount Due: $ 1,284.69 Assessed Land Value: $ 180,000.00 Assessed Improvement Value: $ 0.00 Affects: Parcel B 3. General Taxes for the year 2013. Toe first half becomes delinquent after April 30th. Toe second half becomes delinquent after October 31st. Tax Account No.: 292305-9023-09 1st Half Amount Billed: $ 1,314.87 Amount Paid: $ 1,314.87 Amount Due: $ 0.00 Form 5003353 (2-1-13) Page 7 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington Assessed Land Val _. $ Assessed Improvement Value: $ 180,000.00 0.00 Amount Billed: 2nd Half $ 1,314.86 0.00 Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: $ $ $ $ 1,314.86 180,000.00 0.00 Affects: Parcel C 4. Taxes which may be assessed and extended on any subsequent roll for the tax year 2013, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 5. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 6. Right to make necessary slopes for cuts or fills upon said premises, as granted by Deed. Recording Information: 1336934 7. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Recording Information: 1336934 8. Right to enter said premises to make repairs, and the right to cut brush and trees which constitute a menace or danger to utility lines located on the property adjoining said premises, as granted by instrument recorded under Recording No. 4043987. 9. Easement, including terms and provisions contained therein: Recording Information: September 27, 1978 under Recording No. 7809270194 In Favor of: Cascade Sewer District, a municipal corporation For: Sewer mains and appurtenances 10. Easement, including terms and provisions contained therein: Recording Information: March 25, 1980 under Recording No. 8003250181 In Favor of: Cascade Sewer District, a municipal corporation For: Sewer mains and appurtenances Affects: Parcel A 11. The terms and provisions contained in the document entitled "Agreement to Dedicate Roadway" Recorded: March 10, 1981 Recording No.: 8103100664 Affects: Parcel A 12. Easement, including terms and provisions contained therein: Recording Information: October 22, 1982 under Recording No. 8210220372 In Favor of: King County Water District No. 58, a municipal corporation For: Water mains and appurtenances Affects: Parcel A 13. The terms and prov1s1ons contained in the document entitled "Developer Extension Reimbursement Contract Cascade Sewer District" ,Form 5003353 (2-1-13) Page 8 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington I Recorded: Recording No.: April 28, 1983 8304280626 14. The terms and provisions contained in the document entitled "Developer Extension Reimbursement Contract King County Water District No. 58" Recorded: April 28, 1983 Recording No.: 8304280645 15. Right to make necessary slopes for cuts or fills upon said premises, as granted by Deed. Recording Information: 9905141847 16. The terms and provisions contained in the document entitled "Soos Creek Water and Sewer District Developer Extension Reimbursement Agreement" Recorded: March 23, 2001 Recording No.: 20010323000684 17. The terms and provisions contained in the document entitled "Landscape Easement Agreement" Recorded: June 08, 2012 Recording No.: 20120608001094 Affects: Parcel A Informational Notes, if any ,Form 5003353 (2-1-13) Page 9 of 10 uarantee Number: 1989803 CLTA #14 Subdivision Guarantee (4-10-75) Washington I ... ,. "II •. ' ~ First American "" Subdivision Guarantee ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 1989803 The land in the County of King, State of Washington, described as follows: PARCEL A: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SEcnON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 230 FEET THEREOF, AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED DECEMBER 27, 1979 UNDER KING COUNTY RECORDING NO. 7912270174; AND EXCEPT THAT PORTION THEREOF, LYING WITHIN THE 60 FOOT WIDE RIGHT OF WAY FOR SECONDARY STATE HIGHWAY NO. SC (FORMERLY KNOWN AS JOHN F. BENSON ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUME 16 OF THE KING COUNTY COMMISSIONER'S RECORDS, PAGE 592; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED MAY 14, 1999 UNDER RECORDING NO. 9905141847. AND EXCEPT THAT PORTION CONVEYED TO RICHARD R. NIEMI, SYDNEY J. NIEME, DARLENE R. BJORNSTAD AND THE DARLENE R. BJORNSTAD TRUST BY JUDGMENT RECORDED APRIL 19, 2012 AND JUNE 8, 2012 UNDER RECORDING NOS. 20120419000630 AND 20120608001092 AND 20120608001093 AND DEED RECORDED MAY 29, 2012 UNDER RECORDING NO. 20120529000485. PARCEL B. THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SEcnON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET FOR HIGHWAY. PARCEL C: THE NORTH QUARTER OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SEcnON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. 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Wt of w; ot' Bi of the SWt cf Sit oec 29 t-,:, 23 M.R 5 BIN veJnt known a, s 173rd s~ produ~•d The cntr lll--alG the .z s~de ot ad road ratg Tgw the right of ingl'eae--(omst pa~ to tlast)--(~m1t/pa,r) Harold c Jll':1.okaon M1ldred A lriok•on kcwJul :27-50 t:1 1-iarold c Brickson and tlildred A !r5cl,aon,hwr, · · her Edwlil.rd P Thwlr.g ripfor Wnrenat :,(ns F1tb 3-5-1) Mlto 11p --- vls Branch :FAW,User :PA12 Comment; ·---------------------------,( ..,.._.__ - -~'W) . "-·--···· EASiEJ.IEHT NO. Zt-:U-.5-17 tU.UHt'lFI q[r,11!) -'l lil(ll.11.S, A jN"£C:U Wt!: :ss,.•;:;.\Hll ~\l,,1~~NY . J )QS· 4111 ~ilEMIE. SEAHLE. w~ mu PROJECT U.L.t.D. ll T .lllla ILV. I Ka:rJort. L. Louo , , ...J 11111:la J. &. Vtbl4 U'Bdl fit.tD FOR REt;OAP AT R£GiiEST OF t. O, ID• 2011 ~. SP.EMWI!~ ...... --... ,, · g; . a,RUITTIH, WASNlll81Qfl 98055 'f1I• 5,1,. ~......,_ ~ EAiE!EII . · ~IS INDElfflllli, Nd• tllb 1:3 uy of ~ t / 9'7.f-- c,,Jtll' J>y u4 MtveR ~l DISiU~c::lpai cotporatloo. C>of l QJ Coatr {' lfuhlqton,, hereb.after teta-4 tlte "Gnat"" .U ~ M, W. lOTIO & AIIJORI£ L. LOTTO,, H/W Ud lllLLUfl '1. O'IEIL I Viti.A ____ o_'_N_m.-'-,_•_IY. ____________ ,, lt.-enladter ·teraed. th.e "Grant.or•". WITIIESSETH: ftat the aaitf. Gnaton for a Yaluable consld•r•tlon,, fteetpt. of .talch :Ls br.'by acb.cn1l'Odp4 by Ue Cran tee, does by ~bes• presents convey,, ~t attd warrant unto the Gtntle a peTpllltual eas.1111mt for HVft' aaias u.• &fPUTten-..ces WLd.al', i:hnua;h,, aNYe, onr and acl'OH the followln,: .d,e,-crJblld properi, situated. la 11111 Cowa11 1 hsbinai;ont toa.itt!itt with *11 after a1:4uired uue of the GrP.'tor_. theor•U, and nre particularly described u fallws: · 'Iba 8outJI lldl or tllil lauth ball of tu 11D'r1:11Yut tmrtR of tM. Socu:blut quarter of a..u. u. ~ Z3 llmt:JL. Kap S lat. 11.11., 1D DDa Cinmty. v..biqtoCII; lm:IPr ,nt:S.. 1T,tq dtbia Secaalaf7 State m.-, aa.. ,,-c~ Sn1d ..-mt. ...U be t:he VNt: 10 fHt of the Aff9 4-c,:i.W .. ~el. ?' 'fDlethu 111th a u.pc,rUJ' comttuc:Cioa -.-mt 4acrlht4 -tk Vibe )0 f-t I; of t.H atmn "-"S.W s--..i. f 8dd · :ntUJ" ~t.t. ~t elwtll radn 1D fcn:ce 4arial coutruct.toll Cid . -c.:U ~ ldd app.a. enenrn an. aceept:1!11 for MfDteosnre Uld opent.:lal W,, C&8CAllt, ~ ... -.. MlllllC"f. Tit.e Gran.tOf' vaTr•ni• that th•ir title 11 fr•• •nd c1 ... r of a11.eacuabtan~1 e:a:cept:: Tho Cra~tar aclm,ovi•d1•• tiii part of £be cansliiraiion beln1 paid by the Gr&ntee is for ••1 and all,. .. ,, resultin& to or resulting ~ereaftor fro• t~• pc$5 ibl• 1n~•rference of the natdral flow of ••rface waters by Grantte'& 4:in;.tns of pl,-Une.s .,Heh ... ,.. dbtur~ the •etll ce111positio:n within nid ea1emnt. :·.-----.---,-----------·--" I I I ' ! I I ! Station Id :SILO . ..I / l I'-' ,-)· • KING.WA Page 1 of4 Printed on l l/7/2012 8:31 :06 AM Document: EAS 1978.0927.0194 Branch :FAW,User :PA12 Comment: ,,ct a> - ·---··-----------· -· • 1t1111 .u c.r.ut.e11 -.u. ....... t".lw dtbt •ithllut. pr10I' ia.11tJ.ttat:1a11i or -, au1 t of. p.roc:eeding at. 1-• .t auct.r. tiau u-, ha aaoeuary, ta ent:•r ap:ir,. tM-.._t to1: tt.• p.1rpM9' of eanst.ruc:tl.or,, npddltl', .Zterlnf or Nea1•t.ruct.l.Ag Mid ...,,.r aa1a 1 Qi: akhw •J' ODa!Met:1-9 tMNW1tb, wltha.at. hcUl'd.of IUIJ' ut.i au,-.u.an or· U,.;d)illtr tMnfOI', ~ tut: IIGCb cca.wtnctbg, NpaldJlia, •ltclnt ..-rr ll!IQMt.nr;:tbg of ..W UIIU Mia Mall bli aceaaplbbad. Ja adt a ••1111H tM:t. tbt pr1Ne.. LC ¥--Z,t-9 -1.atlnt &a Ud.• ....wt allal.1 not M ~ or dnt ~ .. , or bl It.ha .....t ta.at ~ -. Ill~ ,w ... tn,e,11:. t-,. •ill IN rap~ bl • 900! a ~tha u tbq WU11 ....U.Uly '-fora ti.. ~ 'IIU •e:aad apm 'bf" tJm Aid Qral'tN, • 4kaDtm' a.ll ~ tba dttat. w l1R ... ._._ of' Uie ...-t. u auch 11N dOst Mt iMufeN td.tll llllltall.at:iclll. Df tlle awu' Mia, ...,_, ta Qraltor ·a11a11 DK e29Ct; llaJ.141.nip u Rt"dOtUn& • ti., --~ a.:d.11!1' tbe a1--. Ol' Al4 ~t. fte .....at, dnrt.aw 1ta aiat•e11, aball Ile a ~ ~ "1th tr. land _. 11btll be ll1Jldhl9 on die ...:cnson, hain, Md -it-a!' bDt:11. al tN ...-U--.,_ 1] D9fl1lllliila:ns::ir, .,. hllftl Mt wr ~ ad saia 1:ltl.a. _____ ...... °' -------------'"---· o nan DP JWIRDlmClf) r,.. J •• "' aKlll'I' a, nae;: ) O') H. W. 0 '!hla U to citrt.l.fr tluit liln thle day panm&UJ' ..,..na Mfon -a:, tam>, IWUORIE L. LOTrO, Im.LIAM J. 8'HEIL and VIOL> O'NE"n~--- 1'---------------------------- f. .. _ .... ,-.. --1./)"":_ '';?,' 1e -... ---· ""'1'-•· ..... ,_s;,,zcl!:!j,:Zf.4-2..!=:/.,i//CL/...;qL,,LJ-'lg_ • : n i-; , .~ ' , -· -·--==>....c.c..,a<111,.11,•.,.~~').;,..:<'.!ii,_ __ --------MD MICIIITAaeli: • · 1K11UD ,. I ! -,_-on,· -n.·. Station Id :SILO ., KING,WA Page 2 of 4 Printed on 11/7/20!2 8:31:06 AM Document: EAS 1978.0927.0194 Branch :FAW,Uscr :PA12 ---·-·--· I " j; I it •' h: .,, 0 r-- N a, 0 «i r-- -----. --· I : I I ~ 15 ·-:---:-:--- Comment: ·----~. - @ ..t . "i .tiiiHi. \JE7 LOTTO ,o'NEIL n 14 . ·------_ -··,~--~,._~-------~- . : .. · ... .. ..· .. __ :-:.\ -_:__~--.. KING,WA Page 3 of4 Document: EAS 1978.0927.0194 Station Id :SILO ~ l\ \ hi\ \ .' .. I - r I I i Printed on 11/7/2012 8:31 :06 AM Branch :FAW.User :PA12 Comment: ----------~--------- •·.!a,:....:.t KING,WA I I I Document: EAS 1978.0927.0194 91B 118' 27 • ~ 30 ···~!:~ .. . ! :. :;,:" ... £1..Et":'·"· 'I": !'.U. A"'- n:Pl•r• Page4 of4 Station Id :SILO Printed on 11n12012 8:31 :07 AM • If,>,"' .. ,~"! ·"" ,@ .... ,,_ ' .r \. • • 1. ' ...• ' F~L-E.l> FOR RECORD AT Rrl!e 1il.t'c\ii!isT OF' PROJECT: Ill.Ill ,, -0..tte ~ASCADE SEWER DlSTRfCT I .--1\ M.W. Lotto , Marjorie L. totco 10828 S,E, 176th ., ... : l ~u wu1taJ.o'•e11,,ui..o• .. :1.1 ,:i, Renton, Washingto\!.,.iA!!.OSS~t·. tK DIS",li"' c' ' P. O. Bo1 2018 ~ ;,,. i!E ,1 '~' A S EM EN TRento~29805S _gj7i,-/~t.v TlllS INDENTURE, made this f:¥day of _, 19.IY), f'Y,. by and between CASCADE SF.WER ~ISTRIC • a municipa corpo ation of King County, Washington, hereinafter termed the "Grantee" and M. w. LOTTO & MARJORIE L. OOLOTIO, H/W & WILLIAM J. O'NEIL & VIOi.A C(.NEIL, H/W hereinafter te«ned the,/"~n", f:_/1 ..-W l T !l I!: SSE TH, J/_,3/,,.,,,..--.._,,.,1 • ~ That the said Grantors for a valuable consideratio;J,\ receitt ·· "'I' N of which· is hereby acknowled?,ed by the Grantee. does by these presents ~convey.grant and warrant unto the Crantee a perpetual/temporary easement /'· ~ 0 for sewer mains and appurtenances under, through, above, across the fol lowin~ \ ...._ ; Q'.) described property situat.ed in King County, Wash~ngton, together with · all after acquired title of the Grantors therein, and ~ore particularly described as follows: 199) llAI! ~ 1\11 8 30 SEE ATIACHED EXIIIBIT "A" f1Ln: :r-:"! nr::~;-f,T :. ~:cbr OF ~FECG ll)lf fijSti"'INC£ COIIPAIIY 2615 411> AVEIM. ~ ID 91121 ·_,!P.f.•:H~F · qc:.~c,p,::· & ELE C ·: ('l'J ·c:, • " ,..-a co. WN. '' f'l''"C-! ''T":" -----· The Grantor-warrants encumbrances except: that their title is free and clear of all NONE . -~-~--~~~~~~~ If the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording of this document. then the Grantors do hereby authorize the Grantee to add to this agreenent the designation (volUI!!e and page I etc.) of such plat. · The Granter acknowledges that pnrt of the considera.tion beir;; paid by the Grantee is for any and all damage resultin11 to or resultilll! hereafter from the possible interference of'the natural flow of surface waters by Grantee*s digging of pipe lines which may disturb the soil comp,.,sition .iithin sa.id easement. -r'j 1'he said Grantee shall have the rir,ht without prior· ir.stitution -of ":)\' any nuit or proceeding at law. at ~uch time Ss may be necessary. to enter upon the easement for the purpose of constructing, repairing. alterin~ or reconstructing said sewer.ma.in, or makin~ any connections herewith, without incurring any legal obligation or liability the.~efor, provided: (1) The Grantee, CascaQe Sewer Distr ct 1 will restore Grantors property to a condit .on as ~ood as or better than the premises were p ior· to entry by the Grantee, Cascade Sewer Distric (2) The District will e,cercise its best efforts n~t to damage any private imDrovements on the easement herein, but if it does so, it shall repair and/or replace said improvements; i'\.. ~v,s, rA;, NOT REQU,R'"" () ---r: lling Co. Records ~i,isi~n ~w,/,µ' f De~uty I I ., I '\ '.1 '.I I I ' .~ .. · . -I ;, i I \ \ i . \ ......... _-..._ _,.. -.iiloliir .. blll .. , ..... --............ ~Qb-________ .,a,a ~ . , --------------"' -=-·...- ,. --:;, .. -a) -I (3) Restoration--replacement--repa1r--shall be completed within 90 days of the date of any entry by the District and said restoration--replacement--or repair will be of a quality and/or quantlty that is cOL:,,arable or better'than existed prior to the Grantee's, District's, entry upon the eaeementi (4) The above set forth conditions shall apply not only to the initi&l constructi~n but also to any re- entry by the sewer District that becomes nc~essary for repair and maintenance of the sewer line on said easement; . . ofll/lllf""m~ (5) Any damage and/or removal of anyA,tree, shrub, fence, rockery shall be replaced within the aforl!lllentioned 90 day period by the District. The f::r:~~ shall retain the right to use the surface of the easement if such use does not in~erfere with installation of the sewer main. However, the grantor •hall not erect building or structures of a permanent natu~e on the easement during the e~istcnce of ~aid easement. existence, sh~ll be a covenant binding on the successors, heirs, hereto . ) )ss. ) ... a?peared lotto & • to me nown e e n escribed in and liho executed the within and foregoing instrument, and acknowledged that t~y signed the sa"1e as 1"1t. free an voluntary act ~nd <leed ,Or the uses and r,urposes mentioned. ' . STATE OF WASHINGTON) ' ' ) ss. COUNTY OF KING ) On this, · day of 19 , the ,undersigned, a Notary Pu6!tc in and for the ~tace of Wa,hington, duly commissioned and sworn, personally appeared ------ to me known to be ·che President ~nd Secretary, respectively, of--~~~- • the ~C~O~r~p~O~r~a"t~i~on=-~t~h~a~t"""e=x~e~c=u~t~e~d,r-t~h~e=-rto·re!Oing instrum•nt, and acknowledged the aaid instrume~t to be the free and voluntary act and .eed of said corp,o_rat:l.on. for the uses, .,.,d purposes therein mentioned. wnm:. 3 my hand and official &841 the day and vear first above written. NOi.AH PIJltte-1.naiid' for tne state of Waahlngton, reaiding at t t ;.i,' '. '' • ' ~ ' ..... -· ""' \~~,\_:, •',\' . ·' ;: ~);_ :. ' .'C .. ,,i' ... t .. . ,;..., .t. •• . . ' .. ~ ................... ., ,, .. ,... ; ; :_t I I I 1!1 -• ., Eaa....,nt No, 29-23-S-Sl BlHIBlT "A" The Eamterly ~O feet of the fallo~ing described parcel of land: The 0 South.half of the South ha~f of the Northwest quarter of the Southeaat quarter or Section 29, To.rnsh:tp· 23 Narth. lbnge S East, W .. M •• in King County • Wa.athington~ BXCF..Pt portion lying within Secondary State Highway No. S-C4 TOGkniEa WITH a teioporaz:y constl"Uction ea?ement described as the Easterly 25 feet of "the ·above parcel of land. Said temporary construction easement shall recain in force furing construction and until the sewers and appurtenances are aecepted for maintenance and operation by the CASCADE SEWER DISTRICT. -----·- I I • r I ' • . ' '. / . .' ... ~., .. ·_j: ~ ---·-· ..... a.r:ztl .. · ·-' . . -~ , ~.---~ : -~ ,lo· •. \~"': .,. ., . ... ~,-.~ . ,,... l -~. ·' . I' l• • ~ ~ .._ •· , . ..,~ . . .,. a., I • >" "_, . . .. .. .. ' .. . ~ •. t • • T.li, a-, (EL.iOZ.7) EDGE Of' :SWAMPl_ . ... ~·· --:i:orro t O'NE'II... ® ....-w~11 .... a11••••••••'.9•....-......-tl'¥N'e' .. --~~~~~~~:m"'!""-~JIIW~J~_,., . . . -· "ilil-' 1ii' :t,·.;,··"·;.· -...... .w._. -~··:··· ... ~ ' 13 \~ '~ i I I I i ·; Branch :FAW,User :PAl2 \ Comment: ·•\.' Tl!f; i::wr,;R,'iTF::i::.t". ;,s wmc·i-~ Ju foC' ~ fr:1p!(' flf rhe prnpercv dc$cribcd LTI ~,i;bit1lt ",\" ,1ltti~hNl •1('t'C'lo, i•1 nmi::itl•ir,1rir,n of th<!' pavment l"lf Ttm 1).-..llari, (S1'l l')O) .,nil ,,,:wr ;:ni,i.l •ind ·1.1:l1111hll' Cllhl'lidrr,Jr.imi. anJ collat:@f".11 hc.•nL•rlt~ ,.,, he dPriVj•d fr(in l:hl• •lrvPl1•pr.ienr c,r tli<" adjnintN~ r,n,pE'rt•:. nr,ml1ml lv ''"·~n :J h.v t.,.h,ir,c~ i!<.·ndc1·-.11n CL}., l1ic. O[" robe ncquir(•1I 11" l;b.-,rl•·~ llrml, r:1"1~ t: ... , ln,i;,, h<.>n.•hv il~rt'l' 1·t~ dccllc.occ r,1 i,;int: c:,,unt\·, "i.t i;rn··.n:1!:<.· .·•1 4 :r,1~:J"ll•1 11,.c_.11 b• tlc•dicruc propc-rt,· ;,1 ., r,•,;1i,·ia;1J t·111·111•r:1• i11:i or f,t:Hc i1,:l'IH'·1, 1·jw Jl1'opcrt'I d~<:crl~1(",: in ~::·:1l 1,ir "Ii" hi•n·r,,. ·!!1id1 nrn!•C!r:•J lM!!-pn•..,.inu~I·• \wc,i ::ivt•n 11 s ,1,1 ~·.-.~t•!!l,·r.r. t1• 1::,,,rlt·:; ,t,,,1,:l'l'!<:1111 Co,, 1,,~- cc,mmf'ticin·; c~n!<t.rul'li1,n 1:w,·1·,·11 ··=•:,l1l on~· <!1 ·::·:ir i,f 1:,1: 11:lfl• ,,r this J\i:rt.'cmcnl. ti'.' ! 11l i; i1;•,1·,:t1'li·111 • 1 h1• mwl'f,, i;'.u,.•,; ii,, '"'t ('(1::!.":1,I t terms of this ..\gn·t·t~t·nt. I/. [~•!'lo 1 ' ' 1 /.J ..• , .• I.•'• .. ...:?,.._(~ i::..~ . .tL .-.. ,-..... Y..nr'1nr. 1! r •. 1.c>no .. ~ r '•, ~ ·.' 1'1-'n\...L.--~~,,.,_.,··1 ·,'~.·· __ .J.l..LJ.i: . ' •.• ,, • Wt tun,l.11,.1. L .. •• "-·-·--··· ······---·-~··---·- Station Id :SILO ~ .-' ~' / " /.: / / • KING,WA Page 1 of4 Printed on 11/712012 8:31:08 AM Document: AGR 1981.0310.0664 Branch :FAW,User :PAIZ ·,' \ KING,WA ·'-., Document: AGR 1981.0310.0664 Comment: 11.< COU:iTY CW K t:-IG On ·.hli:; ,.fo:,, p<.•ri;11T1,1l 1•.• apr,cnro,: t11.!ron• ra,, .'·!. i..:. LOTTO nnd r.ARJORlt: L. J.Oii."O tc1 me.• knuwn to lw C11:! lnd1vt.1lu.:1h1 trl."''l'ril'i('d in nmi llho oxoc\1Lcll th~ with in .incl forc'.~Oillf~ in1'ltrllr.tl!nr ;1nd 11ckn,1Hll.'di~",;'d rh.:1t the:,,, sir.ncil l"hC! snml' .--ai,: thC?lr fn·~ ~mu volmn,,ry .nc:t .-md th.•ctl ~or the USC'H 11111.I purpose.<: t :wr, .. i.11 fT{';tt h•nt•tl. t:·rv1~;~ um.J"r rnv h11nd m,,1 1,rficf11I .. 1•.-11 1:ht1; ).t.\.1i,r111"'~, l931. S1'An; 0/ Wt\~IIIN(~l'tlm ') ~,. cou;rrv ,w 1-11:<; > ,:.• .. ~>:·~.:{'/, ;:o(!IJ"•J (1,J]i1 it: in -;.r,~q-;((>"t''"'(h9° ·st,~1.1' 1,f i:,1,hin1:i "11, 1'\·~idini• ,H ~·: •<I" '~ 011 lhi~ 1la;.r pr,,:c:nr,,:111·.' :ijtpc•:1r<"d hrfor,-'"" ~il.r.lJ\:.t .I. 11',;c:11. Rnd \'JIJU. 0':;1:1!. 1,, r:w knot·m '"'"'Hu-imlivld11;1J!I' JL·:a·dlwti iu :1rui who <"lH'L'UtL•,I rht• w!1·hir1 r1n-J r,,r,·:·.·•ln:• i11:11nr:111·111 :mll :1!'1in,""lt•·':.:C'1I l:hot tlwy Ni1:t1C"ll rlH!' u:lr.l<" :ui rhrli: fl't'l' .,11,I v,•l1111t:11·•: :1,·1 ;md ,J~·<·U (.,.- f~bl'U,ilJy, 1981. tlav or :: .. , :tl''.' 1'11hllc' io· nnd ·rnr·1f1c ·st~;t·~- 111' 1:,1i,,1:1[n~·tun, \'l'~iiJjn1\ :ll: Station ld :S !LO ----·-·-_....._... .... ·-~···-···" , ...... ~ ... ~ " Page 2 of4 Printed on 11/7/2012 8:31 :08 AM Branch :FAW,User :PAl2 .., § \ 8 a:, Comment: EXHIBIT "A" Tho South halr or tho South hair q,.,nrlo~ or tha Srrnthn:!iot. rit,ort-ar or lh11 'Jc,rUn:n.:it TounDh.1p 23 North, f1ont1n i; (n:lt. or 5nct..lrin 2'J, U'll~hinr,ton; · , U,l'I., kln•i 1:1111111;y, (XC[PT' StOlfl Hiqhuny rJ9ht nr y;pf. Station Id :SILO • 1';1;•11 , .. ,·1,\!,ll\•.C,1l1I,. NOT ARV fl'UBLIC.CERTIFICATION IINl>IVILJVAL OCt.NOW( fUloMl:NI ! S(o\l KJNG,WA Document: AGR 1981.0310.0664 : ~·-... -~',y: , ! • .,,.,9 f~,u.,. '" .. ~t ,,~ -~•._., ,., ,.I ;',>V,-,,,.~ ,.,..,•",I •I , •In f,c,~I•',' t~rt,I, fl>.,I ,~, ,1,;.,. ' ,; . I'•~ I . •r { "'"'" ......... ~., ...... ,.,,,~hlo,>l ..,,,,,.,1 ..... 1 "'''~'' '"" .,.,,.. "' •I. ,i•" ,~ .. ,I ~I •!"'I ... ~ .. ,,.,~'r.l ,,,. ,.,~I"''• ...... . ,, ... '"" • "';"'• ;; 1 ..,., ~..,., ~· .... w .. , • U!,..flo IIIIIIJI II ... 1Y tt&!\llt ••'111> <IH 11:,,.1 st ••1 ,,_., , .. ." ,,,.. ,,I ,: ' I . n ~:, ,;:. C · .. ·····-t·· -··-- :.--•. --·-· .,.,., .... , - Page 3 of4 Printed on 11/7/2012 8:31:08 AM Branch :FAW,User :PA12 Comment: ·~. EXH!BlT "B" :··· eoe:inrJ1ns Dt· tho -conterlino· 1ntersoet1orl of .. ·:·, 'tilth Benson-Hichwo1,y (100th AYonua. s.E.); . · · .. · thsnc:e l!:ost.u:rly a.lonn: tho said contcrl lno · · · o. distance or 11'5 .oo font :t.o D, point; · ·· thenco Nottmtostorly ti0.30 feet to a potnt. said point t,otno ; 6.00 toat t1orotne:r1y porpondiculor to centel'lino of. said SE 17:i!nd', •.:·., · .f'Bt':'CH?t; .... ,· ' , . , •-.. · ·: .. ·. .· ,, -''.1 :, . "° _thonce ltost'erly .a..d1stanett or o.oo rCtot olonn: o Hno·pnr'a:llol;' ·· ~8 to and G.ao foot Northerly or ..:;ontcrllne .or Gnid BE! 172nd Stroot ·: to o. point or-curvo; . · ...... -thonco nlon.n o curve to the daht ha:v1ne o radi"a or 51,00· roet 8 to o P'1'1nt, oa.id p(ll1.nt bei~ 16,00 :rcct ~asto-rl)" pcrpcncUculA-r , """ to t:cntorl f.no ot 111aJd Bonson 1118htmy 1100th Avl!'m..io SG); · ·~ thence t101.1tcrly lG~OO feet olonn n Hrln 1iorpc:tndlc1.1l.nr to : ccntcrltno of antd Denson llic;huoy 000th Avenue s.E.) to .n point lylhlJ on i;aid cnntor11no or Rnngnn IU(l.h.WilY (HJ!\th J\vonuc SE): thr.ncc ~,m,:hcrly nlonfJ tmld ccnt;orl11ll") of DcnDon Hir,hwny (1ont.h l\vcmuo SE) to tho pnJnt of bcr,lnnJ nr., U~CF.PT thnt portion lytng wlth1n the mi.lr;t.tnr. rtcht-or-way ot ffimiioii mctwmy ~ 10Bt.h Mcnuc r..F.,) , ________ ... -·--· -· ;,.,llllllila '-·· ..... , Station Id :S 1 LO KING,WA Page 4 of 4 Printed on l ln/2012 8:31:09 AM Document: AGR 198 l.0310.0664 Branch :FAW,User :PAl2 Comment: I;.•,.·. . . 1<. -- .....:..·, .· / i l ! I ,; • ! I I /. EAS!M21r ro. l9-IH-l l noJECT !(e,Jsey lane,, ?hase l H.W. O!arjorie t..otto & Vi1Ham J. l Vfolo, O'Neil 13630 S.E. looth Pl. 'Renton~ Wuh. gso56 1% r~CISE TJI.:: 11:::'.'W -: · . ' .. 1:,ti::.. ;,;: BASJMBRT l'BIS DJDElfflJD.1 ..de thia _u_ day 111[ f.ugust • 19...!L, liiJ QA Ntwaa me comm WAtD DISTIICT IIO, 58, a •UIL1t.1Jilll corporatlou or llD& Coua.t1, iuh- iqtoa, ~fdn.aftu tenerS the "Ct-1mtee"' llbl4 'Wil.URI &. VICU. O'Hfill. DI MIRJtlUE UJl"ro 11....tur terad tba 11Gl"atou11 ; 1ill111IS5ltH 11:aat tu u.14 Craton for • ftl.1111:tl• comlder1tloD: Hulpt of 'IMdl 1li lierehJ acbmolad&d by die CnDue, t1ou b7 tlteH preaent• emve,1 pat 11114 nrnDt mto the Cnatee a perpatuaJ./cnporuy ~t for ftt&r utu d ill'Pfftenaacn amlff, tbnap, akn, &U0SS ti.. folJ.orizaa dac.rtW propen:y dtaatd Sn Iha Count.7, ~toD. toa•thr ldth 1111 after aqdtta title of tlM lil'Utotl tberd:A, &ad !DON ~ tlailu}J" deKrlJMd .. follon: 82rt o,·22 103n 8 RECO F 6."sc-t CASHS\... **""'6• ~ i . -·--·-er_ .. _ .. _._ ... _rw4>-'. _-__ -__ .. _t1_._"_·_-__ -__ c1ar __ ·_{_.u __ .. _._ ... _._ ..... _."_2_2_ I • U tbe fTopertJ of tbl Cnftton It tJaa tim of lfUtint tu. ....-.at -b ·lilitpl..:" atad llllt ta pJ.attal prior to tm ~ of w., doe11111St, tlml. t:bt. C,..tan .~ bu"&y -~ die Crew,. to d4 to tb1* qntllat tilt tluipatioa. (whim -4 ,....., etc) af ~>1.tt. · ne cmwr •Cima 1tclaa tbat put et a.. COM1dlnt10D 1":1Qs,... 'bJ thl Cka-·· tN .S. fo:r -,, cd all 4aqa ruuldq, to or renltial !aereattu ~ tbe po .. Jlala ID-: tnfilhGCe of "t!Ni atall flow of IIUtflU Rtul 1tJ Oratee'• 4ialDI of:·ptpe 11nu-~eb . .., "--... ,o<l -·-...__ oo1, -·· . . . ... uf.41 etatM lta&ll blfl. de. rlp.t vUIDUt pT1ff iutt:t.W. of ,., oalc 01: preeel4b& at -1-. at ndl da u -, k DeCUNQ. to. mtc: v,-die •-t far die ,.,_.·o1 -.u.tJaa. ~. llttnll& or ncouthd.lq ~ wcc . .sn., ",.._ :trw .., ca~:l-blrntth, Y1tbout ~ ., lep.l ,.ltpdoa. or lul,1llty daaao- lbt, tt-arl.deds • · · · (1) 'l'lae CrutM, VltU Diatdc.t •o. JI, n11 ft.tore cnaton pnp.n., _,~ to a COlt4Uioa u s-41 .. or Mtter tMo. tha ,imN• an" prlor te nttJ · ., ~ Orantae, V.ur Dt.trlct llo. Sit (%) ne Dlf:trtt.1 v11l ea.TC:lH 1u but effDRII aot CJD 4Dlp -, l'tbata lmpr...aeat• CID. the eueant lerefal, bat U it doet H, 1t Aa2J tepait · u4/DT np:taca nid :lllfl'O"lawta, -... ~ ... Station Id :SILO ' ' r_-: :;· .. ' 7 ,: ,. ___ 1 (( I .. KING,WA Pagclof4 Printed on 11/7/2012 8:31 :09 AM Document: EAS 1982.1022.0372 Branch :FAW,User :PAl2 Comment: Station Id :SI LO :,,Jo,. .:~·""."' .:·u.··-· KING,WA ; i I , i l i ! ! ,· / Document: EAS 1982.1022.0372 Water District No. 58 EXHUIT •1• Easm!l':t lfo. 29-l3-S-1J Project: i:::elsey lerte, Phase l k. 'M. & ~rjorie Lotto a"4 Wi 11 iam J. & Vfcla O'Neil 13630 S.E. looth >L Renton, lilnli. 98tl56 n~ south half of the $OUth Nlf of the northwest quarter of the southeast quarter of Seetton 29t Township Z3 North, Ruge.5 Ust, V.1'1 .• in ling Couraty, llasMngton; LCSS tht north 100 rnl of the, west 230 fN"t thereof; AND less Road. Sdd ctMment ~11 be destt1bed u the sovth 10 feet 1:1f the ~t half of tbt sowtll 1111' of the so.ith Plllf of the northwest quarur of th soiittieast qunter of said :Sectton 29. USS the Mst 3C f'eft of ·51td south 10 feet. ~-..:....-. ---~----------·- ·. :,:-· f .· Page 2 of4 Printed on l ln/2012 8:31:IOAM Branch :FAW,User :PA12 Comment: r (J)Rut0Ht.1aa.-n.;.hc.Hent-rerdt-ehdl be co:,pleted vlthin ,o d67a of the data Df UJ' uuy by th111 Ui•tirir;t ..-ad Hid TestoratJ.or1.-npl.ace»ent--or rep&Lr vill b111 'of • q_uallt7 aa.d/or \UID.tity that 19 com;,111rable or better tbaa iulatecl p'l'10r tG the -Cran.tee'•, llbitr1ii::t 11. w:ry upoci tbe 8HH~. (li) 'J:ht: above "t forth coe:dlti~at. •hill appl1 not otll7 to tilt lnitlal coristnactioD. b\lt alao to any n .. ttl.tfJ' bJ the Veter Piatr!ct iUt l:,ecoaec ueceasu, fot rapatr aa.d aa1Ate11anee af the vat.er litu! aa. nid eastmeot. (5) "1Jf 4a:lla&--./ct rmov&l of any DrrWllnlU1 tre.e. ahTllb, face, or rockery llb&ll b• n,l•ca,1:JrttMa the afortsaat1o.ad 90 day pertoi )J the D~tr1c:t. nit Grutor 1'ball. ntain tha rl&t,t tD uH tliia surface of thl euemn.t st aucb uae dee, uot i.Dtf!tfei11: "1th lutelletioa cf the vater 1111.h. HCl'.lnu1 tbt gr6lltor ablll aot arect kUdiQp or at1111:t111res of • pel'lll&IN11t natun on tltt us1111.ur 4u'r':lfta tha u:• fatace of said u.1ument. · 'l'be UM!R11.t• tllur!A& it• ~taca1 aball IMt a cov111P-ant TUD.~ Yi.th tbe 1alall au A.U 1,a b~ OA tlae ataec:U(IO'l's. bein, .and antgn.a or both of tbe p11:rU.ea h!:n.to. e ( mD OP VASBnl(;!QII ) u anmTI' o, mu: ) · .. r:· rt: •.. Station Id :SILO { t . ;,. ....... . . . ,, I(,!~, • •. . . '" ·. ' < ' .--- KING,WA Page 3 of4 Printed on 11/7/2012 8:31:10 AM Document: EAS 1982.1022.0372 Branch :FAW,User :PA12 KING,WA Comment: L .. '"'O.N. . . .Rf". ( 108 "' \ AVE. ~-,~·------------. /ix If/ATC!? 12· OJ· \ ''fl. ... .. I ,· I ·~ t . t' ' '• \ ,, '. ~~ "~ ~,rti n ... ~~ ,, .. .... . . . • • 111 • ~". ~l ii . . r l i._ ~ .... . ~ .· ' . ' ----L-,l--tJ.-+-., . ... . J· • ' ,. • ! I. I . I Station Id :SILO . ; . . ';_:[J' ,.: ,: .'• l ... ' .. · .. ·:.}\ Document: EAS 1982.1022.0372 Page 4 of 4 Printed on 11n12012 8:31: 11 AM Branch :FAW.User :PA12 Comment: ·--· ' -;;;,--, i 1· ... ::--· Harct1 1s, , u.!!__ 'IIUS --..-.:1 .,,,_ into t,y ..., -CAll:AIE - n1m.rcr, a. ~ nutlci~ oorporatJ.cn, lam.natter .rafarmd tD aa D.iatrtct, am CEN1tBS ~ co.~ nc. ~-~-----------------~ ..... inof-1'1femod .... IMner/!lllWJ.q,er. lilTN.ESSETH: lt£NEM, tllo """'1"/DOWJ.c;,,r. hoa 1nBWlal ond/or -tD ioatall a 8BNBC fflWI am/or (ac:ility to Nnl! cen:A.UI pr:qaeny J.n CUOlde S8war Distdet, wd ha8 ..-i "3Cl'I a:11pleUon of ...., to tenar ta tha Diatdi:t. i11 bill of aue, and lilERB.\S, the bi&Uict MS beretofcn by and tJu:cur.it1 .it.s caimtnionsn ~ a reaolutim. providing' 'tor the PlilCUtiQ'I ~ a CXl'ltraet tD 1IWlbUn8 the <>,nor/lJeVelq,ar ...,._,, to ti. pn:,Viaialll hl!rt>lnaftm •t fatthr ..-.:1 llll!ll!'.>S, tile C<mloalcnera hlMt de-that lf'OOlfk pmp,r.y will Ila balofited t,y tile utilizot:ial of thia ~t. IOI, 'l'IBEmRB, ft Ii5 ~I 1. 1',at "11 p,q,artiea directly """"""'81 tD tile ~ ml/or pxoparty awnu:a allae:! to QUIE!ll;'t ~ use ot lateral.8 or tnnda, ah&ll pay • fair pio-rata llhlln of tha ooat'lct the a:mtr\lCt.iQ1 of aaid JJ.p:c at. SA.id i,ipiQ....,t 1-dNcr1bed ae fol.larai an e~ mdn m s. E, 112rd fraa 108th Ave. S. E, to :t6ti0' J!',,est::erly, 831"04/28 RECD F CASHSL to626 E i.00 .... .,a,6.00 22 'Ibo -"Y or ptq,erties tD which aid ~ "A'lY 1a deocr1lal ae ., Sf.E~"A" "1e 1,o-"'"' "'1all be $29.45 por froot foot. • ~fl :if.!! :.iilUfP'i a· 2. _ that. tm c.aer/DNtlqler WU r. anUu.t to meet• retm it --_,ted -for. porlaj of lS --~ - t:ba dam of tbia lDltnetJ pm,idld, 1111d, nri.... IL ii ~ to Im ~ ---- 3. -"· -· of _; __ t t1>at tile o-r/l)alelq>or llhall l>o entitlad to &hill be a ,we-*1• 8\11 dl'bmli.ned by a::111p1t1t.1w emu of U. ~ -within -.... -wltl>ln -Ula period, -"'"_.,.,....._ -t.opwldo ID tho Dlatru,t O ~ coot -111111111, elalll for - Station Id :SILO t r i~._ .... £ • ·-\ .... : } ' .) •. KING,WA Page I of4 Printed on I 1/7/2012 8:31:11 AM Document: ALN 1983.0428.0626 Branch :FAW,User :PAJ2 ·- ' • · .. / ... _/' . Comment: CASCADE SEWER DISTRICT UTECOfl£RS ND, 87 ~"A" ULSH LANE Tfle Stvth TSO. 00 reet or the \lest httr or the South fN1 t of tftt Soutll tiilf of the IOrt'*tst qui11rttr or tltt Soirt"tH1t qu11rt,r of Section 1't TOWl1hfp 23 llo tlli Rtn91" I Elst, w .... 1 tn ling Cour1ty 1 WHMngion· ' r • Un tflt lftst 180.00 fHt tllereof, ' Lattcwr''s fee, $29,45 pe,r Frvnt Foot • -IA-I .·1', ....::.!""" ~!~~'.:.< 04~ •. ;jf,·~: .. .,> ...... : ' (,,~-·-~-~1.:~;f:::.- Station Id :SILO ' ' KING,WA Page 2 of4 Printed on 11/7/2012 8:31:11 AM Document ALN 19&3.0428.0626 Branch :FAW.User :PAl2 _______ ,,_. "!I --·- ' KING.WA Comment: Station Id :SILO ... --,.,,.,... .,....,....-:· coat of conatn.icdan within t:bfrty (lO) day11 of hi• ex•cution af the bih or nle tor the tmprov .. ant to tho Dietriet. Th• Owner/Developer a9reo11 thllt ht1 fa11.ure to provide Mid tot:Al con record and total 001t ot con•ttvct.icn within tht t:I• period aforementicmltd, {30 day• fran the date of the hill of nl•J, 1ftall r1aiult in hie voluntary W,11;fver ot ~nr claim or ri9ht to reiabur1 .. nt pur1uant t.o th11 ~tract. That t111 Olffler/l)cvelope-r a,reea that the camiiHlonara ahall tMIYI t?t. ri9ht to datata!n• th• fair v•l~Q of the 1*pl'CVf!lll~t~ an4 that aaid ralllbur....,nt •hall !:ill bhed u,po11. that;: val'ue &nd not the actual coaatrucUo., coat inattred by .. 14 Owner/Deffloper1 pra.rl.ded, th.It e:aid detenilnation ah.Ill bG s,urPU&nt to a111olut1on No. '6B. 4. 'l'hat ~ha Dtatc~ct shall have the ri9ht to _pcovtl!e tor one 1e,r91Jation for f:l&ch proplt'ty owner with.in th111 111Ef'ected ·arM of th• iaprov-.r.it, .»'OYided, Aid fflr&9•tion •Mll btl 1.blited to a •Jnqle tamu, 4wa11i119 anll/or rnident, alld ehaU c:'Ontaln not 1••• than lOC feet of frontage. 5. 'fflat all aW11a r•C.hld by the DJ.atr1ct pus-auaot to thia reiabl.tl'ae1N1nt oontrM!'t ah.Ill N 111\d:ioject tc the reHot,Abh ildlllniat.r11Uve C!l'la~• of tUtnn percent (151), 4nd upon~ ?latrlct'a collec:tion of any fund• froa a benefttedl real property owner tlle D1atr1ct llhd.l have the rtght to deduct said 151 at 1ta aole option. i 1t.wu,1». thait if tor 411111' r-.111aon the Clliffllllt/Developar 4WJ/or U. .Nnettc- 1ad.ee of thia contract up~••·• de11ir1111 to waive pa.y11ant by any and/or Ul properda• a:ffKtacl tlonbJ,, tJut DlatrJct •hall be entitled to colle~t the 1511. at 10 nle option. 6, The duty of the Dletdct to reilld)yr-the OWnu/llevelOJl!ltl' ahall tam.in.ate on the dtbf:.day gf mad / u$ and all ralaburUllilllta CGilleet.Oil u.eq.Uar abaU bill th1111 aole Md HC'llHl'ht1 pt'(IPllrty of aatd Di1tl'ict1 it being: 'lnder• ataod that eft11r ai.acb period of ti• the Diatrict malnt.tinam:. Ind o,-rattaa ot .aid faciUty a.n4/or ....,., •in ~r ~itl atended p,-~iad of t1-~ entJtlo the DiltJi~ to t:11111 uaara contribQtion UI .t.111id 1111n and/or facility. 7. n. Ollnei'/Dlv•loper 119n<1111a that the .Dl•tdt:t"• duty to ianforc• t1Mi ralaDunaan.t OOftthllt vlll be l:laited to act\Ull utllia:atiOh of t•eiliU.•1 b)' real p,op,,n.y ovstor• &n:t that any ftOn~utiUu.t•.on reault.1119 fr<a • reel propart)' QIIIIMr's lfn.t,gn of a q•t• and/or r1-de11ign of the •y•t• eonuaplat.t p.irwuit to tbi1 C!C1118t.Nctiaq can.tr.et llh&ll not b& aubject to thh niabil,r.-.mt, novided fvthu, tllat any coat• of tba enforcaant. '~t this ra~aa..nt. contract, iael111U.n9 mt not " Ualted to at.tornay fell, •ball be ehllr'i1118'ble t(I the OWnu'/o.Yel,apu and ah.all ti. dciduc:ted fna 14~ta received by the Diatdct fl:CIL btmtfited Jl'tOJJIU'ty awnara, prfor to tM Dhtrict. lwtlnq an"I duty to pay wer to t.he Owur/bnlilc$ff, that 1n t.bl '9.-t SllclODdl Party h..t• heir•, ~= •••1gna, deair• to waJ.q tbe.11' rithta ot nP!bur.....,.t h9r'aandllr • ~ 1111 that aVent., tl!I• DUtdcrt lha.U ba tlfttitl~ t.a a payaa:11t of IOI GD uy raUll1111n_.t. an)J.or port.ion, of r•i.#IIU"--nt wa1"4 l,J-~ s.cm,d: Partr, I, 'lha.t at the UM ~ u put af tli1 l>lmaf/Dllftloplr 111 utenlJ.oli IMJl'._.t, t. Ownu./Dlno9lap,r ahall nDtify tlw D1atdc1: of hia dMin lac' n~ MU of Om\aUUCU.O. co.tar that it' the Olmer~1CMt" fdla to qquut niflllicaru- -.t tMn all hi.a diJbUI ,and clti1aa for ra~nt 11ft ~ -1.Nd and ll&1d rit~t llhall thueafter heca.e tba aola ,and emlu.tve proptrtr of the D.J.atdC't firM of any ol,IJ.u or reblb.lrHMftt by tlllt Oimer~to .. r. ·•- ,,:, .. ' i ' • ·-~·- Page 3 of4 Printed on J 1/7/2012 8:31:12 AM Document: ALN 1983.0428.0626 Branch :FAW,User :PAI2 I ' KING,WA Comment: cm e7 -REr.sEY IN£ BrA'5 CF lil\Slllmtl'.W l CXUll"/ CF KING l &a co, thlB 41 ~ior,of w•;/ , 1~1L. 1>of<lnt • ti. ~, a lbtaiy Pm · in ard for State of ~, duly omiui.cnld llll1 """"'• paa,cnoll.y _..i li'•6!!tt L, V(.(.LflNtJ ...S fftl'Pt< K ,t ~'Z,IL-, "' .., .known "' oe the r --t -s-.ury ~y, Of S'DER DISnUCf, the :corp::iration thDt. ~ tht fQmgDullJ iMtNmnt. --Jedgod tho •id inBt.nPent to l>o tho f""' --..,1,ntary ---of Mid axporat.:' ·I'&, fOr t.~ wiu and ~ tna:e1n 11111ntJoned, ..-w, m. aat!1 ataOldi that ti-, outlm"lmd tho """""ua, of aaid J..nsuua>t ...S that tho -1 &tu.cl io tf1'I mqiorab! 1111111 ot &111id ~J.m. Wl'N!SS ~ halxl -offi<al ....i. """'"' afu-5 tho day -yur lint ilD:MII writt:an, SlWIECFWilSIIJIODll)•8 aumr Cl' KIHl 1 '"' w.. dly penonally -,ad l>ofme .. --------- 11 • to JIii Jaa.l'll to be tfe J.ndivi4111 dl8cribed J.n "'..a=.i;.=-c........,a=e-.-...-,a....,....'"',""tliln,.....-,.iil="t01=-'-9 1 ng ~' ~ ICICnOW!adglld thllt aignld tm ... aa fme and wlwituy act m:d died, fm" the 1*111--_-- --..itliin,d. GlllDf IDier iii)' bind ...i offiosl oeol llu.o __ day of ,19_ iiffiijiy RB.IC Li iDci & &ii Sum of iMihLiijcm. rwoJdlng •• --------· Station Id :S !LO • Page 4•of 4 Printed on l ln/20!2 8:31:12 AM Document: ALN 1983.0428.0626 Branch :FAW,Uscr :PA12 ···11111&i' I I' ' KING,WA ' ··--- RECEIVED MAR U1983 Comment: II e3~ 04.·2B ~Eco rt CASHSL NarchlB , JU3 1111S AGIUiBIWI' .-.~ entered into by and be,-, WAmt DIS11UCT Ml. 58 • a Washington auaicip.al cotparahon1 N!reinaf'teT refenecl to as District, .and CHULES ~ OJ,, ZH:. hereinaftM refened to as Owner/Dt\'eloper. II WI~Elll: ;1 ttlPJtf.AS, the OlntJr/Devoloper has :Installed. ,nd/rrr a,rees to install 1 ' water ruin flll.d/or facility to se1"VI! cc-rta.itl pl'qJffty in 'Nater Dlstt'ict N>. SI, aid ha qrtdd upc.n ctqtletion of sane ·(t<' tender to the-District a bill of nlej ,nd ;; IIHEJU!AS, the Districi has heretofore by and thnu&h its Canlssimers " adopted a resolution. ptvvidiog for /,tile isxecut:Lon of a ccntract to re:lmurse the · '-ier/Dweloper punll:Ult to the provisions hereinafter set forth; e.r.d HREAS, ti.. r.am.tss!imon have determined that specific im,peny "111 be benefited by the utilization of this ~t. ' JOI, 111BAERlRB, IT IS AGREED: l. That all Jm)l'erti~ di:rectly r:amected. to the illprovmmt SM/(ft' propeny ownen allowed to camoct by use of lateral!J or brmdles, shall pay 1 fair pn>·nta share of the cost of ~cnstnJCtim o( said 1Jiipivww1t, Slid iaJizuuwt is d.!!cribed u !ollar,s: j i An 8" main an. an !aatal!n,t adjaoan.t to B. E. 172rds St. ftcm l08tl! -"~• S, B, to the Plat Bounda%y 1"'8terly. !! -la-rat,, wll be $19.0J poi,-·"""· I ii z. That the Ooner/Dm,loper slall be "'titled IX> ncelw re-t ma sal4 bmefital p!'OII01't1<s for aiperio4 of l5 years-., -tlle date~ this c;:mt.r,ct; i""ric.led, satd rebiOvrwnt b SliliJect. to W prwiliw Mt " -· ,1 3. That the -of ,,..~. that tho Omor/l)avelq, shall bo mtitlacl to "1all be a nu-le ...-de-by <<lll•otittw, emu of lib ..... tr- ,.,tl_ "1Wn .... ·-...... -tile ·-period; that ti.. C...,,/llovelopor - to pruride to tlae District • UJlll'lle~ C'CSt recoN and bia claia for m:11 ' Station Id :S 1 LO --~ -(( .. --:· ., Printed on 11/7/2012 8:31:13 AM Document: ALN 1983.0428.0645 Branch :FAW,User :PAl2 Comment Station Id :SI LO KING.WA I --~,,.: ' • IUIT£.lt PISTltlCT ll'O. 58 LATCOMEAS Ill>, 51 ~"A" K!LSEY LANE . ~-,.. .... _ -., , ..... ~ ..... ,~-~- ftm South 180,00 fNt of the Wnt half of tttt Soutb h11f of the SOwth half of th• NortflwHt quarter of ta, s-:.utfttllt qvirtll' of S.c:tton a, Townahtp Z3 North, hnge 5 flat, 11,M,, tn ktng tourtt:1, N1sJ11n1to11; USS tM Ve,t,t 180.0U feet thereof. L1tec•r'S Fee $19,03 p1r Front Foot -IA- I} . . :i, ;~'..;., . ; . ' , . . . .·.,.·::_:.·:-·d···:_,_·.·_.·,··.:'".·.:_•=,·· ··,··.'·::·':.::. ·.'.· __ ._•.,:··,···. -•.---.~.·. -;.'· .. ,._:.:._ .•.. _·:· .• ,·.· l.;\.;;J_'i-~"L-~ __ }~--;'· ~i~~tL;~;~:~-~:~~~:~··,::)+= . .-:-~~,;.:;;J:: .. ·~\~·-. ~ _-~~~. -~~:~~ ~-~- ,; Page 2 of4 Printed on 11/7/2012 8:31:13 AM Document: ALN 1983.0428.0645 . , Branch :FAW,User :PAI2 Comment: ' / LA'ltlOmla AGmf IS:I. l:P Sf -ff[SP'f LI.NE OOat Of oon•tnKitJ.C'·1 Wi tllin. t.tilrtr UOI day• of hU INl:l&t.ion etf Che bU.1 of Ull for tbe UIPRY1N.nt to the O.l.cde1t. The O.W:r/Drlelo"r ..,. •• &Mt hu f,lilv• . W to prorldt l'llid tot.11 coat record Uld total caat of ocmnnotloo withi• U. tia ' puiol afar.-iiMtloMII, I.JO da1• troll ~ 4ate of tl'I• WU of •1•), eba11 l'Nlllt &a Jue TOlan.t.Ny w..lNr or .nv cl.ala or l'itlbt to nt-ere ...... pu:911Mt ta thU --· that Uri OIIMr/Dff•lcPK afHII c:twit th.I aaaiHionen NU ..... tM dpt. to ~M tM ••tr VllN of tha lllprur,w':,t, ..a tbat Mid HlDr, .... 't ilha.11 be, baaed .... that Hll.lll and not tb• actu2 CONtNCJ1:iml OOlt iac:Vff4 llr Mid CllfflH/!Jlnalapu'J pl'Ol'icW, :that laid: det.lS~Mc.ioal 8MU -f!IZ'-.&Mt; 1,41, ....,,luuon IIO, 668. 4, '!Mt tt.. Pbtric't llbaU Mn the rJ.tbt to Plfl'..._ for GM ......,.u. IOI' Ma property wr wJ.~in, tbo llftcted '.UH of U.. 1:ap:o•wt, pnlf'la.l, Mid Nt.teptJon. thaU No l:laU:ld. to • es.11111 taaur ,-1u111 U/11,/oc 1Hidat. 111M ..,., OIMli&llti ~ 1 ... dlan .i.OQ tM't Of (nn~, 5. 'l'l'N,t all ,... recat'Nd by the Diatriot pur-t to thl1 nt"" t CJGDtl'Ut allall N ... )Nt tot.be r.uonabl• ... 1nUtnt1N .,..... af fiRND ..,.., (lSll, mid ~ l:be DUt:dot'a coll.c:tJoci of any funll t.-. a ._.,JIii& n&l ,.....er OIIIU' 1:111 JIUUiot ahlll bav• tht rii;ht ta uduct N:IA 151 d 1b IOll ..,U., NO'ISDID, ibat U! tor 1 .UV naNn 'the Qmer,/Dewllapar ,al/u Ille blNf.t.ci• wi.1 ot W• m:inuact upnu • dA.ln u n.ln ,-,-1 bf UF .-/W •11 p&'OIIN't&M affN~ .._.,. ~ Dlft.rlcit eh&ll b9 antiU.S Uc uollaft tM HI at. iU eole ...,U... 6. fta du.tr at U.. OJ.Ht'iO, &o h...._N thl a..u,._, taper ••.u t:aaWl&t. an CM~4&r of 77tel4 . 1t2/:' ~ all ,......._u CIOli.ac.l uan.attw allall taa tM IOl• Md uoluiwe ~1' or .a.14 DUUkl:1 ,t NUii ..._.. 1toad ua&t dear Mliirb ,-rJN or U• tb• .D.11trtot. au,~ Al ..,..t.Saa ol •W taaWIJ' uA/or ntw •in OfU' .. 14 uU..W puiod OI UM 1111111d •Utle die DUtl'iR ta die 118U1 ~:1211ati0n to Mid ,.a.in d/U f1e1llty. 7. 1M O..~ -,nu Ulil.'t the DlatrM'l.'I .. tf to at..-1M nia.-ar-.--aauan w111 a. ua11:a1 it0 aot-1 lllllt.U~ Of raoUt.t.ia llf 1'1111 ~ _. mill tbat 81' not1-ut.U~. * nnlt.inl lta • IM1 ~ --·• '-1P ol a -,.ta u,j/Dr n-ded~ ot tlla .,.ta ooat.laplaMl .,....._ IO Wa CIIIIMUIICUon coatnot Aall -t tMi IIIUjeR to tllil NIWt nu. ,._idtil .fvt:MI, tlwlt IIIJ' ooet:11 ot tbll eaforwt of W. nt t n\ .-...OC, &Mluaal INC aat u.l..i to ... """"' , ... , ablll .. obaqUlll• to tll9 0../Dlftllpll" ... IMJ.l .. ........ l'rta ,.,.. ... NN1 .... bp thl D.Lau.l.OI t~ ..... ,LW ,....rtf _.., .Jidor .. Illa DU'll'UC. ....... Uf illatr to pay .,._. to Ille Olall' .... I J I t2aat Sa ta. -.t. ,._., Nn:J' Ma ll&b.'1, f1ltl./U wifu, ..... IO W.iN tllldr ritllta of nf 9 t IN-a t ua a &11ac ..n, ua osa,r1ctt ... 11 ._ ...tldel! ta • ,.,...a .. lOI _ _,_, 1. ._, •t m u. ,... • pan ., u. o.r.11 t a •, • •= ••--"· u. .,..;'Pewia,.r -11:, .-.1.r, w D1aU10t or Me ~ ,_ .......... w ~ ...uuou.. ooeu, a.as 11 l:lll Qau/111 ••• ,a.u. t.u ,..._ "' = ..... a. all Ma sqM:a ud ala,_ fm nilltlm'.-t an ..._ M,1.,.a • -.M "'*' t IMJ.l ~ ...... tM Nlt ..... 1u1 .. flllPN'-r af Gill D:l.dm. tlN of -, eU:-• NI 2 Station Id :SI LO j • KING.WA Page 3 of4 Printed on 11/7/2012 8:31:13 AM Document: ALN 1983.0428.0645 Branch :FAW,User :PAI2 Comment: Station Id :SILO r--.. -!!1111 \ l'L,.-l'I Ill )f'llo KING,WA Document: ALN 1983.0428.0645 NH"'7l'•t,lir ;,. nJ/ar ,~,. illllro/ rNhl11flo• r.J;/iq ttl ~I ,ff!, $AF~Tlll• l,.u,a1111t Campa,!¥' -AOOIIO..,L.IOGMl'ff -COIIPOIUT~ '· Page 4 of4 Printed on 11/7/2012 8:3 I: 14 AM Branch :FAW,User :PAl2 Comment: Station Id :SILO ' lJ . ' - • y , , • ~ - • I ; I . ' 'Akir:::l~~(~!!P:i~ Kint CDUnry Proprny Sffwti:fl. D1viston 'nlO.fo~ Ave11ue Roci111 SOO s&u!r, WA 911104 11:rfemKe No.. 0,-"""~ ...,., Tu A«oUM No.: 1• 19ff.02:0.G1 Mujcn...-L Lonoand Viol10'Ne1l IC.in&Cllllmy S«tiCIII lf, T11l¥11,h1p 2J Nlll'lh, Rall&e 1 1;.111 l92311Htlll · e T\e Oranror hac111, MARJORIE L LOTTO 111d VIOLA O'lttlL. ucb u tbdr 11141¥1duM 1fJ11r:1ce al1la. (o.-die~ oI tEN DOLLARS. ($10.00) &Dd oltm lfUlllbkt ie111Wdetall01l. betcby oonYtp mid wamnt'I ro the COUNTY OF KING. State arWuhla1«m. ,U llJICrul 111 the followin,£ descnbed property: Thal portio11 1),111 1r:,uunr,uterly or lhe arc al a elrclc, with a 60.00 fool r.diu1, 1a11t ~1rtlc bcllll bn1mt 10 Ille nmrlr marJin. of 1or Ann11e So11lhtas1 and un1em to the northal)' fflilra.n or SoulhP$1 17:"' Sb'ttt of t.\e (al lawing dc11:r,bcd pan-1J; Tlw Saulh Half of the South Hallo( lbc No,,hwc,1 Quffl!r of 1M Sonltrul Qu&rtn of Sec1ion 29, To.11,;Ml!lp 23 Nc>f111, lunge 5 Eur. in W.M., ill Kin(! Counly, W1ll•int111rt; EXCEPT that portlOn lht"ol, l)'izlg with.in the·\so.oo ioot wide ri1ht of way for Sccand.ry Stale Hl&bwa.y Na. SC (fOffflffl)" kni:IW!'I u foM f, [kmon Road), natabhshal by urder tiled Mucb 19, 1912 wider Volume 16 of the King County CommtHl(lneJ", R~Olds. Pitt j92; AND EXCEPT lbe Nonh 100.00 rcet ofcbc: wi;,1, 2JO.OO feet thereof. 1.1 «mVt~d 10 lhe City of Renton by Dad rffotdcd undn K1q COl!llti/ RfCQl'ding Nul!IM791UNJ-1274. Co1t111111111 &a acH ofS ll,19 ~e feet°' 0.02 1.1:rc. tatllt or lw. 1 T~clhcr wilh the righl 10 rnakr 111 nccnNt)' alopc.1 for CUh &11d full iapoii &be~ propaty-on Hffl 11de 11f any road wllii:h 11 ...,.... or may be c11N111UCred laulter1111 wcl ptOPClt)', In confonoity with 11andud plans a.ad 1pccificibom f11r bilh'*I)' pl,!1'JIOSies. and 16 ll!e Dl!II! ull'nl lDd DU~ 111 if the nghts bncirl i:un1cd Md ben Kqwml by condemNtion ptoecie:dillis under Ernlncnl DumaiA Stat11ra aftbe SUM! ofW1WW1111>n. 5il!Ulted RI 1M COllllty of Kiag, SUik ofWl)hiil[IIJR, "''"----~-1999. .,/' ; () '.·· <ii.:.' ,,.,. ' •• it ~ e • :i ! r'l I , ·' .• i '1 Et684B97 05/14/99 hae I of2 .ao 3250.00 GJ\t.§· ... s; ,::;~ ::~ ;f#f##fj:,f;!@L --~JS p f{,,, I . ~· I. KING,WA Page I of2 Printed on I ln/2012 8:31: 19 AM Document: DED WAR 1999.0514.1847 Branch :FAW,User :PAI2 - - to,, ,di 21 ... <:I< ~ ~ ::, • ~ :,, ' I •• Comment: • • ! . ·J ,../,v VIOLAO'Nl!il. !r..TA.ttOtWASHINGTON J .. ! COUNlY OF KING ) On Ibis !by persoa1Ur ~ b!t'm m, MAACiOIUE. L. L01TO wl • '18b, 8'F 181.. to~ known la be the iadi.~ delawed in and who maud ~ widtln W ~ IIRWnfflL and 1.d:nowledgtd1hi:7 ,igned Ille 1,1.me q lliiil liu and volun!&ry u1 and dud t.r lb: IIStl :nl.parpma IL..-r,11, r'IWllhollo:d. ::sh(_,. .,... CJIVW under my hind md off'ocial 1«( lbe day me! )'Cflf 11.111bow wn!Rn. ~····· .. ,_.: -~,··· .... , .,,) . /.J;~··;;·;o./t;.\ \ >~r1 ~Ci./1( YU) . ''-[' T ~,,..,. ·. . --·--1\1 ~ll;~\'" '. NOTlt.Rl'P Ci11Ddf. s1.11c-orW~hington ! ~-,.:! i Roidi.a1~: _ _,o,E>"e,,,1J.1+m,.;...,,~=----;;, >. 8L\ /~ i MyAppoint1mn'IF..Jpirn;--,,_..,_-~j5-"".C,~,j.._ ____ _ ~ ... ,:'"ft-9\·,;;~/ (I,. .. ·;····.,._\./ STATE .. ,~ia:rNGTON ) ) .. COCNTY OF -f,<K•"1lt ) . On this day persontll;ly ~r.,peared before me VIOLA o•:n;IL, to me lmown to be the individual dea.cribed in and W"ho exeC'luted the within and foregoing instrument, and acknowledged 5he $~gned the same as her free and vo1u11tary a,ct:. and dead for the 1,1.ses and .purposes therein mentioned. GIVEN u:ider my hand and official seal the day and year. last ,11.br,ve writ:.te.n . Page 2 or2 • •'--"-• I • ~c· " ~ ,, • , -r<T r • '• -·~-15 ·· C.ff44t? .(:. :! m_ .. ., Station Id :SILO KING,WA Page ;2 of2 Printed on 1117/2012 8:31:19 AM Document: DED WAR 1999.0514.1847 Branch :FAW,User :PAl2 KING,WA ... a:, ..., = = = .., Document: AGR WTR 2001.0323.000684 Order: 1989803 Title Officer: LB Comment: f!LlID FOR RECORD AT REQUEST OF SOOS CRRRK WATER AND SEWf,R DISTRICT WHEN RECORDED RETURN TO: SOOS CREEK WATER AND SEWER DISTRICT P.O. BOX 58039 RENTON, WA 98058-1039 SOOS CREEK WATER A.ND SEWER DISTRICT DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT LA TF.COMER AGREEMENT NO. 113 i:81 Water D Sewer Resolution No. ~ 13 8 -W DA TED 1J12/01 Total Latecomer $703.60 per unit Total Latecomer Tcrmln11tlon Date J/3/2014 THIS AGREEMENT made and ente,:ed into by and between Soos Creek Water and SewcrDisttict, a Washington Municipal Corpgration, h&rein,1fter referred to as ''the District11 ~ !:Uld Ocvco. !no., or 38!!.igns, herelnafter colleclively refetTCd to as uowner" WITNESSEfH: WHEREAS, Owner has installed. water or sewer mains and/or facilines purauant to a Developer E.>c1<:ns1on Agreemenl 10 provide service co proporlles w,th,n the scrv1cc a,ca of the D1smct, md the Dtstnct has accepted a Bill of Sale tor such facihtics: and WBEREAS, in uocordance wilh R.C. W. 57.22 U.o Dis1ric1 ha• by Resolution provided for the execution or agniernenca ror lhe reimbursement t0 owners from other property owners who connect to or use such facilities willun 15 years. NOW THEREFORE IT IS AGREED: 1. Reimbursement. That OWner shall be enuUcd to reimbu1semCJ>t from connection charges dcsc:ribed herein wfthtn lS years from the date of the District's acceptance of a B1ll of Sale. -1- Station Id :S l LO / / ' Page I of6 Printed on 11/9/2012 8:36: 18 AM Branch :FAW,User :PAl2 Order: 1989803 Title Officer: LB Comment: 2. Amount of reimbursement to Owner, The Latecomer totlll.1s the amount winch has been determined by the District to be the Owner's l'OllSonablc costs ot con•trUction of the facilities for which it is entitled to ll'imburscment, plus 10% for the Di•trict'• reasonable costs of e.,tablishing and odministering this Agreement The D1str1ct shall retain such additional 10%, and shall deduct 10% from the remainder .. the Owner's share of the D11tncrs reasonable costs of cstabl1sh1ng and administering this Agl'CCJllent. 3. Developer Extension Agreement. That the terms of the Deve\Ojler &tension Agiecment between the parucs regarding Latecomer Reunbu1sement ,s incorporated herein by thlS retcrence. A copy ,s on file at the D1str1ct 4. Facllitie.<. That the f8"ilities subject 10 thi< Agreement are de~cnbed .s tallows: See F..xhihit HA" S. Re!mbursement Area, That the reimbun;ement area subject to tins Agreement is legru\y deacribed as follows: SOOS CREEK WATER AND SEWER DISTRICT By: Sec Exlub1t "B" -2- Station Jd :SI LO • K!NG,WA Page 2 of6 Printed on 11/9/2012 8:36:18 AM Document: AGR WTR 200!.0323.000684 Branch :FAW,User :PAl2 Order: 1989803 Title Officer: LB Comment: Station Id :S l LO KING,WA Document: AGR WTR 2001 .0323.000684 STATE OF WASHINGTON COUNTY OF KING d On this 7.1'-day of aj \oNJ~ , 2001, before ~nally ~ :; Coll..Q.~ 1\-cc,:,,s , to me known o be the Owner of ~ S • L r acknowl ged the foregoing instrument to be the free and voluntary act and deed of said Owner, for the uses and purposes therem mentioned WITNESS my hand and official seal hereto affixed the day and year wntten above NOTARY PUBe and for the State ofWasbmgton Restdmg at 3S>::l My comm1ss1on expires \ -I':\ -a? Page 3 of6 Printed on I 1/9/2012 8:36: l 9 AM KING,WA Document: AGR WTR 2001.0323.000684 ST A TF. OF W ASHTNGTON ) ) o. COUNTY OF KING ) On !lus _n_ day of ~~f.:•~J,'~"":"'.Y~~;;;;;;,· ;20~o~I~~· ;beti;:;o~re;rn;;e personally appeared , YAN :r. HvNb•N , to me known to be the PmsidenL and Secm•aF). resr,eetiPely, of _ __,,_l>.,e"'v"''·c;"'c.,....,"'-=~"-'--------- a Washmeton Corporation, !he corporation tbat e:xecuted the foregoing instrument •nd acknowledged said inslnlm.cnt to be tne free and voluntary act and deed of said corporation, for the use.• and purposes !herein mentioned. WITNESS my hand and official seal hereto affixed the day and yew: above wl.itten. Page 4 of6 Printed on 11/9/2012 8:36:19 AM Branch :FAW,User:PA12 -"° "" = = 0 .., KING,WA SIZE a· 8" Document: AGR WTR 2001.0323.000684 Order: 1989803 Title Officer: LB Comment: Exhibit "A" SOOS CREEK WATER & SEWER DISTRICT WATER LATECOMER'S NO. 113 BENSON DOWNS APARTMENTS -PHASES 1 & 2 Base Map C-3 ON FROM TO e..sement No. Fire hyclranl, 245+/. feet A poln~ 340+/-faet 29-23-S-W1038 Ea$1arlv of Point"£" SOUit\.;,., of fire h""l'>U\t Easement No. Vlllve, NOl1hweal comer of Blow off, 300+/" feet 29-23-5-W1036 Palm Court Condominiums Northerlv of vatve TOGETHER WITH valve$, fire hYdrents, services and appurtenances. Station Id :S 1 LO LENGTH 340 l.F 303 L.F. F,\12\014\03\LC113Exa.dOC• 10/tl4/99 Page S of6 Printed on 11/9/2012 B:36:19 AM Branch :FAW,User :PA12 Order: 1989803 Title Officer: LB Comment: Station Jd :SlLO KING,WA Exhibit "B" SOOS CREEK WATER & SEWER DISTRICT WATER LATECOMER'S NO. 113 BENSON DOWNS APARTMENTS-PHASES 1 & 2 Base Map C-3 Parcel "A· f292305-9023 > The North 300 feet of the following described parcel: •• The North quarter of the West half of the West half of the East half of the SouthWest quarter of the Southeast quarter of Section 29, Township 23 North, Range 5 East, W.M. In King County, Washington. Parcel ·e· C292305;902§l The North 40 feet of the followlng deseribed parcel: The South 280 feet of the West half ot the W8$l half of the East half of Southeast quarter of the Southeast quarter of Sect!on 29, Township 23 North, Range 5 East. W.M In King County, Washington; LESS County Road. Parcel ·c· 1292305-91571 The South 280 feet of the following described parcel: The West half of the West half of the East half of the Southeast quarter of the Southeast quarter of Section 28, Township 23 North, Range 5 East, W.M. In King County, Washington; LESS the South 280 feet. WATER LATECOMER'S CHARGE : $103.60 PER UNIT F:\12'.0'4\03\LC113ex9.doo. 11/09199 Page 6 of6 Printed on 11/9/2012 8:36:19 AM Document; AGR WTR 2001.0323 .000684 Branch :FAW,User :PAl2 " Comment: RECORDED ATTilE REQUEST OF Ii AND AFI'ER RECORDING RElURN TO, Sarah L. Atwood, E,q. 119 NE 56th St Seattle, WA 9Sl05·l737 ii " i! i! 11111111111118111 20120608001094 "1WOOOD SARAN 51l1S &a .ti P'IGE-881i OF Ul 8i/Nl2fl1Z 11 ;37 KING (:OIJN1Y, '-IA 8~(;;:~:~ T,"J. NOT~;:;.:;: ;;'."'.'.:D ~~:.,., WASHINGTON STATI RI.CORDER'S Cover Sbffl (RCW 6S.04) . DOCUMENT TITLI(S} (or transactions containm l.hi:nin): I LANDSCAPE EASEMENT AGREEMENT,~ :REVERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: II NIA Ii ' GRAN'TOR(S) (Last name first, then first name and initials) [I RAY W. LOTTO AS TRUSTEE OF TIIE MARJORIE L. LOTTO LIVING TRUST; ANO THE HEIRS AND DEVISEES FOR THE ESTA TE OF VIOLA T. O'NEIL II GRANTEE(8) (Lasl name first, then first na!!le and initials) RlCHARD R. NIEMI, SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND THE DARLENE R. BJORNSTAD TRUST 1; LEGAL D~RIPTION (G<anlod'ropo"J') '2 -:/>i ~ 'S° S': ~~~, 11Ju,i~ ~No,.. I ~ e.A J IL.I • J')'I " LEGAL DESCRIPTION (Grantee Property) 'II I ASSESSOR'S TAX PARCEL LD. NUMBER (Gran.tor Property) 292305-9(122 ' ' ASSESSOR'S TAXPARCl:LLD. NUMBER (Grantee Property) 292305-9031 Rnd:292305-9l07 Bild W230S-914' I .. • I • Station Id :SILO . I . ,'I KING,WA Page I of7 Printed on I 1/712012 8:31 :28 AM I.. j !' Document: EAS 2012.0608.001094 ------------------------~------------------------· ---- Branch :FAW,User :PAI2 KING,WA Comment: EXCLUSIVE LANDSCAPE EASEMENT AGREEMENT I Thh EXCLUSIVE LANDSc;.\Pjl.,j,ASEMENT AGREEMENT (this "Ag=rnont') ;, made efrcct:ivc this~ day of ~12 by md between RAY W. LOTTO AS TRUSTEE OF THE MARJORIE I. LOTTO !JVINO TRUST; ANO THE HEIRS ANO DEV!SEES FOR TIIE ESTA TE OF VIOLA T, O'NEll. C'Grantors") and RJC!lARD R. NIEMI, SYDNEY I. NIEMI, DARLENE R BJORNSTAD, AND THE DARLENE R. BJORNSTAD TRUST C'Grantees"). ·RECITALS WHEREAS, Oran.tors llt'C the record o'Wllers of that certain n:aJ property described as King Comrty Tax Parcel No. 292l0S-9022 ("Grantor's Property"}; and WHEREAS, Ormr.tees are, respectively as to Niemi and Bjornstad, the record owners of that certain real property described as 292lOS.g()Jl, 29'2JOS-910"1111.d :292305-9l4S (''Grantee's Propcrty');md WHEREAS, a portion of'Grantccs1 )'8rd and related landscaping, are located on a portion of Granton' Property (1he "Eucmcnt Area"); and WHEREAS, tbf: parties wish to avoid uncertainty and PfC"'CtLt conflict with zespect to the rights 10 use the Easement An:a and confirm the Grantees' and their successo:rs-in-intcrests' riglrts to use the Easement Arca in pttpetuity; NOW, therefore, in cowideratim1 Of the foresoing, and other good and valuable comidcration, ~ipt and mfficiency of whicb are hereby acknowledged by 'the _parties, Granters and Gnntces t.e~y declare, for thenuelvcs artd their successors and assigns as owners of GnntOtS' Property and Grantees' Property, respectively, the easemenls., oovennnts. conditions, privileges and tenns granled and 01:herwi11e provided for below: AGREEMENT J. Grantoni grant to Grantees' an exclusive:, peipCtual euem.ent to use for residential purposes, including landscapini. gardcrung, feoei.ng and related use.s consistent with an extension of Gnmtors' yard ovCT, along, in, on, upon and Wldet tbal. portion of Granton;' Property legally described as follows: TIIA T PORTION OF TIIE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSIDP2J NORTH, RANGE 5 EAST, Wll.LAMETIE MERIDIAN, lN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT TIIE NORTHWEST CORNER OF SAID SUBDIVISION; .2. Station Id :SILO Page 2 of7 Printed on lln/2012 8:3 I :28 AM Document: EAS 2012.0608.001094 Branch :FAW,User :PA12 Comment: THENCE sourn 89"49'04" EAST ALONG THE NORTI! LINE TIJEREOF 303.01 FEET TO THE POINf OF BEGINNING; . TI!ENCE CONTINUING ALONG SAID NORTH LINE sourn 89'49'04" EAST 37.00 FEET; TIIENCE LEA VINO SAID NORTI! LINE, sourn 67°11 '54" EAST 18.52 FEET; TIIENCE SOUTii 87°35'06" EAST 62.57 FEET; TilENCE NORTI! 76"27'04" EAST 14.63 FEET; TI!ENCE soum 88"29' l 9" EAST 100.31 FEET; Tl!JlNCE NORTI! 46"27'06" EAST 12.17 FEET TO A POINT ON THE NORTI! LINE OF SAID SUBDIVISION; TIIENCE SOIITII 01'42'56" WEST 15.01 FEET TO TIIE SOUTil LINE OF TIIBNORTI! 1S FEET OF SAID SUBDMSION; TIIENCE NORTII 88'49'04" WEST ALONG SAID SOtJnl LINE 239.50 FEET TO A PO!NTTIIAT BEARS SOUTH 00°10'56" WEST FROM THE PO!NT OF BEGINNING; TIIENCE NORTI! 00'10'56" EAST 15.00 FEET TO THE POINf OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING AND STATE OF WASIDNOTON. ibc foregoing Easement Alea is depicted on E1biblt .A. attached hereto. 2. The parties hereto further agree that Grantees shall exclusively be responsible for the maintenance of the Easement Affa. 3. This Agrccmcrit is iDtcodcd to run wi.th the land, perpetually burdening and benefiting Gran.tors' Property and Gran~es· Propmy and binding not only Grantors and Oramees, but also their sucusson: and assigDS in title to the pro~rties. IN WITNESS 0 WHEREOF, this Agreement is cxcc.uted I'S of the date first shown above, GRANTEES: ..fr~/.//.-~ FOR NJPfj,1',J,RTJis -~ k.Jld} ,t,fe,. _,, RAY W. L 0, FOR WTTO GRAN TOR By, , I ~ /J~ ,,.--FORBJORMITANDl'ARTIF-S -({e~ "~1-2·~*# :Jfoii7 ~'NEIL By>p-&..... ,f_ ~ . 3. Station Id :SILO KING,WA Page 3'of7 Printed on I 1/7/2012 8:31:29 AM Document: EAS 2012.0608.001094 Branch :FAW,User :PAIZ K!NG,WA Comment: STATEOP [J\Ltf¢&Nlh I ~ .... coUNTY o, EbrmJJN Icertifythatiknoworhavc~evi~ocelJtlt (/Ay Lt/ Lnt:f'i, Qlhc l)m'an who lpPe-ared b11Core me, and dm1 Slid person a1:bowledged that ,aid pa!IOH signed lbia !Jlstntment and 11.ck:nowledgd Lt lo be die ht IU!d VG)tll'lb:I)' act otu,ld per~ (Dr the USCll ll.lld purpose, mimtioacd in the _, (1.qibly Plinl ar Slimp Namc-o(Nowy) Notaryp11blic ID. and for the state of~, residing at. My llPPOilltmentexplres _ _,l_.:Z.c_• ._1._~"\-~----- STATB OF (J.z.si..,+., I COUNTY OF~ "· 1"""'""'1"""'~"'~"""""°"'""''""'°"' /1µ//ILM J &'l.k1 / -~''"'~ who appeared before me, md Chat wd penon 11t.lcnowlodgcd th.i :said pman. signed thb iMtNment and lldi:now11)(fgcd it tD be 1h11 he wl vohmwy act of said penon Ctll' lh! ust! .and purposes martiooed 1n the insttumcCll, ,.,2~-DU- (lqibly Prin1 or SWllp l,la,,c ofNOT;III)') Nowy P11blic itt and fur the 5tt11! ofWl!hmi\on. rcsidina 1.1. My appointtntnt cxpiml _,_,I :r,:;..,,:,(c.· 1,ct>:c,_I 3"'----- Station Id :S 1 LO Page 4 of? Printed on 11/7/2012 8:31:29 AM Document: EAS 2012.0608.001094 STATE OF WASHINGTON (Lqillyl'rinl Dr si:.n, NIIK ofNollrp} :Notary pqtJUc In and rorthe naco or Wahington, miidiflg 11 _ My appointment eicplrn ________ _ . s. KING,WA Page 5 of7 Printed on ll/7/20128:31:30AM Document: EAS 2012.0608.001094 3 "' :!! § ·~ vi ... " ~ 0 u N ~ ~ :) ':!;. ~ ..c! " e Cil ' ------T "' < ., ~ w J ;::, N % " w ~ > > < ------- !C ~ T I !Ir~ ~ ~ w " z N :::::, '!" {§) -,- ~II~ . -~::: ~ {! e 1-Jw .. z 0 ~ <§) POJNT or BEGINNING wt~ I ~' wl~ ~ . I L I ~ I JO' ;t ~I N89'49"04"W 308.01' NW CORNER s 1/2 Of s 1/2 or NW 1/4 Of St: 1/4 SEC. 29-2J-5 -1-1: ~ HORTli UNE OF = I s 112 a, s ,12 OJ" ~ NW 1/4 OF SE 1/4 sec. 29-23-s LANDSCAPE EASEMENT AREA EXHIBIT EXHIBIT _/;,__ OWN. BY [ DATE DBM 1/3/12 CHKD. BY I SCALE ,~ = 6ff N89"4S'0<4"W LANDSCAPE tASD..lf;NT .I.Rt" (§) 239.50' UNE BEARING " NEi'.n1'Si"W " NB?'l5'06 lJ M76'2704"( " ..i0\'4:2'56 C t5 NOoioss E lENClH 18.S'Y 6:t..S? 14.63 15.01 15.00' I NW 1/4. SE 1/4, SEC, .:«l. TWP. 2Jr.l., ANG". ~E., W.W. JOif NO: I ~ CONCEPT ENCJN"E&RING. INC. 3105\ SHEET 1 OF 1 45!, Ra'niar Baul~~ _li~J!! t1>r,c..-1 ~-~-.. ~ ·---· -------· :;;, <( 0 <:! "' ;.; N g -s il ;:; ~ .... 'o "' t -a, 0 0 ~ = 0 "' 0 "' 0 N "' <( "' <....: ':,; li • E Cj = z " -0 ;,,: Q Branch :FAW,User :PA12 Comment: Station Id :SI LO Landscape easement KING,WA Document: EAS 2012.0608.00 I 094 ALL THAT PO~TION OF THE NW~ OF THE SE M OF SECTION 29, TOWNSHIP 23 NORTH. RANGE 5 EAST, WM., DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE SE ~ OF SAID SEcnoN 29, THENCE N01" 42' 56"E ALONG THE WEST LINE OF SAJD SEX A DISTANCE OF 1592.BS'TO THE SOUTH LINE OF THE NORTH M OF THE SW X OF SAID NW X OF SAID SE M OF SAID SECTtON 29; THENCE S89' 49' 04"Ei ALONG SAID SOUTH LINE A DISTANCE OF 30.01' TO THE EA.ST MARGIN OF 108TH AVE SE; THENCE CONTINUING ssg• 49' 03"E A Of STANCE OF 278. 00 FEET; THENCE 589' 49' 04'E A 0f$TANCE OF FOR 37.00 FEET; THENCE Sfir• 11' 54"E A DISTANCE OF 18.S2 FEET; THENCE S87'" 35'06"£ A DISTANCE OF 52.84 FEET: THENCE S87' 35' 06"E A D1$TANCE OF 9.72 FEET; THENCE N7f,• 27'04"EA DISTANCE OF 14.63 FEET; THENCE S8B" 29' 19"E A DISTANCE OF 100.Jt FE£T; THF=NCE N46" 27'06"E A DISTANCE OF 12.17 FEET; THENCE so1· 42' 56"W'A DISTANCE OJ! 1fi.01 FEET: THENCE Neg• 49' 04-W A DISTANCE OF 239.50 FEET; THENCi: ,voo· 10' fi6"E A DISTANCE OF 1fi.00 FEET TO POINT A ANO THE TRUE f'OINT OF 8EGINNING. Page 7 of7 Printed on I In/2012 8:31:31 AM i. • 'o: J ',co,.>",X'-~>t ~,_:'.'l•" ,,;.. ~ ·-~-~~~~:e~,~~' . ···;irr• W',,..,1\(-. ;,! i-' ,_ " " V -: ,.. i :, ~, 'i .• :· <ts ·;1 " : . ...:,1 )«f O tall. -~. . : < .• , we,H)M• ·~-l .~;~ i . . i Quit l#lalm D11d THB GllANTOR S; M. W. l.oTTO arul MAILJORIE totto, buaband a"4 vife, Mid WILLUK .I. 9'11EIL .and. VIOLA O'NEIL, husband and "if• ior wl iD == 'dwt.ian. of a gtrt ror·municipal purpo&e3- """""" omd quit cWna te 'I'll! CITY OF RENTON, a """'1c1pal cOTpOraUcm ~'" l<>llo,,• o, dMcribed -1 •lele, aituatod in Ibo County nl ....-with .U aftu ocquiled title o'. the gnn!O>(I) tbe!Oio, ling !kallolW Lt,_, That portion of Southeast quarter of Section 2~·l'ownah1p 23• Range 5 E.V.M., described a. follows: Horth 100 feet of West IlO feet of South cme-half of South one-half of Northwest one-quarter of Southeast one-quarter, Leas West 30 feet for highway SUBJECT TO unpaid installment payments for Utility Locat ltnprovement District Ho. 33 of Cascade Sewer District, King County, wa,,hington. Thia Deed is given for the purpose of constructi~n, lnitdllation and maintenance of a fire station to be operated by the City of Renton. If the raal property desr.ribecl he.-ein 1a not ao used within a per ind of ten (10) years from the date hereof, all title end interest conveyed hereby shall revert t:., the Granto:ta or their heir a. ---·-··-··-·-··---.. ··-·----· ········-.. ·-----·-··---·---- CO a. lt...a to be d:w, ·----· ··--··----~ ..... ___ M_._,,.......,., l r :aly, of ' """-••h•-•-----··•·•-•M"-• -·-·------• the cu,pe.atiota Uwt IIIUalt.l die r....-. batr t ad sch · ·• I thloaidlawa tll:obeL\..;t1N.-r~--... ol.OIIIII.;.. •liodl. b tbl--Md~·--15 ... _. ........... t1111t1 .. ···--··--·---· ... --~-........ -.a... ... .... ... .... ... ~--otwid « ........... .....:-~.-..-..._ ........ _. .......... ~ .... , .............. . / .. ,.-_· , / Branch ;FAW,User :PAl2 KlNG,WA - - • ' I I ,1 Comment: Station Id :SI LO ' p • ~.~ -,,.. • c::,· .,)\ I"' . ,., . C ."'· •• ~ . '. f:\.,.. •r ·'' I ,1 . •. '-'' ll~c.eNa .. Gn.ntol': (i13111re: ""'' Tu Atcoui,1 N'o-.: WARRANTY DEED 7.1m.ozo.01 litlljooc L Lonollld Viola O'Ne!I t.irisc-11 Sfflan 19, T°"'•lnp 23 N'oltb, RlliKC 3 Ea&I 19:tJOS-,OU e The Grantor hem11, MARJORIE L LOffO 11111 VIOLA O'NZIL, uth u IIRir lndMdt11l scp1r:ue slabs, lM llhi= u.imidrntu;ia of TEN DOLLARS, ($10,00J ud, ol.ber nluable ~ralUJll. bfflby (ODVCYI and. '#IITUII to lbe COU!'o'TY OF KING, $lair ofWuluaJIOn. .!l lDtertit tn die fallow ins d=nbo!:d ptopa't)": Thai ponio11 lyin1 tou~erly I)[ the ire of I circle. widl, 60.00 foot !Hi!IS. utd ardl! bt1na u11gcn1 10 rho! easterly rnariin ar 108'6 Affflue Sautmu1 and w,gem co 1M nonbe1ly nP.IJLn of Sa11~u1 172 .. 5tml of~ followm1 dnenbed parc:el: Th<! SGuth Hair of the South Hdfoflhe NotCh~ Quuter o,fthe Soothrut Qumn afSn:ciun 29. TtJw..,jp 23 North,Rlasr 5 EuL iD WM .• iD Kin,: county. W•1hift!~11.: EXCEPT Chit porti°" thnmf", lying withm lht 60.00 roo1 widi! fiahtofway r« Secondary Stm Higbw1y No. 5C rfonnrrlyknownu Juhnf. EkasonR.oad),uu11bldhedbyorder filed Mucb 1'9, 1912 WMScr Volume 16-oflhc K111B, Couflly Co,nm1u10M1"'1 ~i.onk. P•g.:, Sl}l; AND EXCEPT the Nortll 100,00 r~ of the Wen lJ0.00 feet lhmof, u c:oo..-eyed to lhe Ciry of Ren um b-y Deed iuar&d un&t l(iftg Caumy RmlKling Numhu 79122JOl274 Con111nmg an attl of8l2.1 ~ "fllltt L'tttor0.02 am:. mo,c or I~ Toacdler with tht ri&hl ta fflD:f" •ll Meeuary dopes; for cutr 1.1111 fills upon lhe lbutanl property on eldi suk of1ny road v.-tikb ii now. or 1111y be c0111irvcted Nl,-uftrr on said ptOpfflY, m conComuty wilh 1!andlrd plalll &ad q,cc,rlC.lllons r« lllthQY purposu. .11nd 1o the ume B11C111 a4d OllfPMlll &1 if chc nghb hcwil1 v111rtd hid ken acq\ltted by ec,n~ ~ under iEmmm11 Domr,iJ:i StaluCH ol!M' Staie-df Wllhin&lon. Sinwcd in lb: Co11Atyo(IC.iag. Stitt: of W1thuielon . .,.,or _____ .. 1m. .oo ,i 'ii i I • JI ! ·-·· . ' I . ·' II iii . .,, :,:·.::,$ ;"&#ff#£%$:f, j/-.~-IS i1 ;/'~ I .-..! I. Page I of2 Printed on 11/7/2012 8:31 :19 AM Document: DED WAR 1999.0514.1847 Branch :FAW,Uscr :PAI2 - - e,. "" » ... ""' ... ) ~ :, ' :!) I ::,, r ' ' 1 • Comment: • • lW• 1.1•J?8.l)JD.tll ·J,../~ (7 ,11, 6 VIOLA O'NElL STA.TtOFWASHINGTON ) .. COUN'IY OF KING ) On. tbii day pmoully appeared Won: me MARGORIE L. LOTTO •.-1 • <J8b\ 8'f1EIL kl me known CiO tic 1IIC ind.ividlllifaq daailxd in arid who exmncd 1M Mihm 111d (Me,:o,'11 in,.lnllllalt, md acknowlnlg~ 1ipd lhl:-a t} ffl ;ind vol11ttm,y ICl artddud (or !lie 11x1and P'lf'POJCSIL"ff1n men.no Md. ~ CilV~N u~my btlld and 11{1iciat Kii 1hc d1y -.id y,ur 111:f,r 1t:,on wt1ltm. /~Y;, ~ , -: .. • ······ ... ·<,i, ·,. ' '~"" ~r. " ' /,.!'_.·~~ .. ~111 •i;x.~\ \ .,i ~-CAillfl/) ( :$1TA11rt,\,r,tl !_ N~Cinudr S1uco(Wuhinglon j ~ .. _ : ! ; RnNill111: Q,etJ ,\,sY\ i "~ULIC. /: f My Appoinime-.-l,c",.,."1J,l1~:'_""'f;...,_f-_..~/c."i~i.c~-,,Qil~,a=;,_-_-_-_-_-_-_-_-_- ~ ' .. ,., .. ,~.·· --/ o,-'"········,.~ -~ STATE •• n~~lNOTo• I I •• COCNTY OF ~,<,,,n,t) 01'1 this day personally ,e.ppear,ed before ll'l8 VIOLA o•m:::.IL to me known to be the individual described in and who e,ceeuted the within .and foregoing instrument, and acknowled9ed she signed the same as her free and voluntary act and deed for the uses and pur~oses ther~in ~ehtioned. GIVEN under my hand and official seal the do.y and year. last above written . .. e,&t;:a.::kl.: .. · 4¥%#!\i#!---~,15 Station Id :SILO KING.WA P•g• 2 of2 Printed on 11/7/2012 8:31: 19 AM Document: OED WAR 1999.0514.1847 \ I Branch :FAW,User;PA12 Comment: . i?,i~-'-,.,,,,· •. '·. Return Address: Rodri<:k J, Dembowski Foster Pepper PLLC I 111 Third AVe., Suilo 3400 Seattle, WA 98101 111111111111111 201204i90 11 .ee FO~~D~~~ ~/li/%01~ tt:14 KlfriLG COUN't't, WA Please """' or"""' infonnalion WASHINGTON STA TE RECORDER'S Cover Sheet rRCW 6S.04l Document Title(s} (or transactions conlained therein): (al1 areas applicable 10 your document must be filled in) I. Agreed Order, Decree and Final Judgment Quieting Title, Adjusring Property Boundary ond Dismissing all Claims with Prejudice and wilhoul Fees or Costs 2. ), 4, Rtfennce Number(s) of D0cumer1ts as,lgned or released: Addi1ional reference #'son page J:Y.A.. ofdocumenl Cranlor(s) (Las1 name first, then first name and initials) I. Rily W. Lotto as Trustee of the Marjorie L. Lotto Living Trust 2. Ray W. Lone as Personal Representative of die Probate Eslate of Marjorie L. Lono J. The Probate Estate of Marjorie L. Lotto 4. William J. O'Neil as Named Personal Representative of the Probate Est211e of Viola T. O'Neil mi Additional names on t1a111e I or documen1 Granlee(s) (Last name first, then first name and initials) I. Niemi. Richard R. 2. Niemi, Sydney I. ). Bjornstad, Darlene R. 4. Darlene R. Bjornstad Trust 0 Addi1ional names on page J::!ia.. or document Legal dncription {abbre>1iated: i.e., lot, block. pllu orsecdon, township, range) S 112 of die S 112 of die NW 1/4 of the SE 114, Seclioo 29, TS 23 N, Rllnge 5 Eas~ WM [E]Addilional legal is on pages 2, 3, 4 and 5 ofdocumcnl Assessof''S Property Te:ii: Parcel/Accounl Number 292305-9022; 292305-9107; 292305-9031 CJ Assessor Tax # not yet assigm:d The Auditor/Recorder w111 rely on lhe infonna1ion provided on the (onn. The staff wilt nol read the document 10 verify the accuracy or completeness of the index.ing information provided herein. JIJIHlt.l Station Id ;SILO (. 'l K!Nci;1~:t· -Page 1 of9 Printed on 11/7/20128:31:19AM Docwnent: JDG QTL 2012.0419.000630 . ~. Branch :FAW,User :PA12 Comment: Station Id :SILO 11~2-30314-4, SEA KING,WA -~ll.t'.!D l<TI\IS COUN"l'r'. WAS!11111GTC~, APR l 3 2012 . DEPARTMENT OF JUllOALAOMINISTRATION 5 6 7 8 EXP07 IN TI-IE SUPERIOR COURT OF THE STATE OF WASHINGTON IN, IN AND FOR KING COUNTY · 9 RICHARD R. NIEMI, SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND THE 10 DARLENE R. BJORNSTAD TRUST, 11 Plaintiffs, 12 v. 13 RAY W. LOTTO AS TRUSTEE OF THE . MARJORIE L. LOTTO LIVING TRUST; RAY 14. W. LOTIOASPERSONAL REPRESENTATIVE OF THE PROBATE 15 ESTATE OFMARJORIEL. LOTTO; THE PROBATE ESTA TE OF MARJORIE L. 16 LOTIO; Wllllt\t.' !.(l'NEILASNAMEO PERSONAL REPRESENTATIVE OF THE 17 PROBATE ESTATE OF VIOLA T. O'NEIL, AND MARJORIE L. LOTTO AND VlOLA T. 18 O'NEIL DBA MB INVESTMENTS, Defendants. No. 11-2-30314-4 AGREED ORDER, DECREE AND FINAL JUDGMENT QUIETING TITLE, ADJUSTING PROPERTY BOUNDARY AND DISMISSING ALL CLAIMS WlTH PREJUDICE AND WITHOUT FEES OR COSTS 19 20 21 I. JUDGMENT SUMMARY 22 I. 23 24 2. 25 J. 26 Plaintiff: Attorney for Plaintiff: Defendants: ORDER AND FINAL JUDGMENT· 1 11tl60DU Rich!lfll R. Niemi, Sydney J. Niemi, Darlene R. Bjornstad, and the Darlene R. Bjomstad Trust. . Sarah L. Atwood Law Offices of Sarah L. Atwood PLLC Ray W. Lotto as Trustee of the Marjorie L. Lotto Living Trust; Ray W. Lotto as personal iepresentative Page 2 of9 FOSTER P£PP£R PL1.C I I I J 'Tq1•11 A:¥blll~. sum J.oG SUT'Ttt,, WAS.lKCTCIM 9'101~1'\I • zt6..+4'f-MD0 Printed on 11/7/2012 8:31:20 AM Document JDG QTL 20\2.0419.000630 Branch :FAW,User :PAl2 Comment: Station Id :SILO ll-2-30314-4, SEil KING,WA 2 3 of the Probate Estate of Majorie L. Lotto; the Pmbale Estate of Marjorie L. Lotto; William J.O'Neil as named personal representative of the Probate Estate of Viola T .. O'Neil, and Marjorie L. Lotto and Viola T. O'Neil dba MB Invcstmenls 4 5. Real Property Affected: See Section I 11 and Section III 11[ l-3 herein; King ColDlly Tax Parcel Nos. 29230S-9022, 5 292305-9107, 292305-9031; . 6 6. 7 Principal Judgment Amo1D1t: $0.00 U. STIPULATION 8 9 10 II 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 II is hereby s1ipuiat<d by, between and among the parties hereto; and the Court on good cause finds that: 1. Plaintiffs brought suit against die defendants seeking to quiet title in certain property described in the Complaint pursuant to doctrines of adverse possession, mutual recognition of boundary, pmscriptive easement and similar equitable doctrines. ·n,e recori:1 title legal description for defendants' parcel, TAX PARCEL 292305-9022, is as follows: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTII, RANGE S EAST, WILLAMETTE MERIDIAN, "IN KING COUNTY Wt\SHfNGTON; EXCEPT TilE NORTH 100 FEET OF THE WEST 230 FEET THEREOF, AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7912270174; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE 60-FOOT RIGHT .OF WAY FOR SECONDARY STATE IDOHWAY NO. SC (FORMERLY KNOWN AS JOHN F. BENSON ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUME 16 OF THE KING COUNTY COMMISSIONER'S RECORDS, PAGE 592; AND EXCEPT THAT PORTION CONVEYED TO KJNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 9905141847. 2. Following the filing and serviee of the Complaint, Plaintiffs and Defendants, through their authorized agent entered into settlement negotiations. ORDER AND l'INAL JUDGMENT -2 UIIIODll.6 Page 3 of9 Printed on lln/2012 8:31:20 AM Document: JDG QTL 2012.0419 .000630 Branch :FAW,User :PA12 Comment: Station Id :SILO 11-2-30314-4 SEA KINO,WA 3. The parties have settled the dispute. The written CR 2A settlement provided for a 2 conve)l!ll1ce of the property described herein from Defendants to Plaintiffi, and other relief. 3 4. Title to the property described below should be quieted in Plainti!Tu, as set forth 4 below in the Judgment. 5 5. Tide to and between Plaintiffs' abutting properties shall be set forth in a separate 6 court order. 7 6. All other claims not otherwise resolved by the judgment quieting title, shall be 8 dismissed with prejudice and without an award of fees or costs to either party. 9 7. The boundary line adjustrnenlS between the DefendanlS and the Plaintiffs properties l O and between the Plaintiffs' properties do not cause a substantial amount of properties lo be 11 exchanged, is for no consideration, and that the parties' recording of quit claim deeds i1 for the 12 purpose of ending a bona fide property dispute, shall be regarded as a Lot Boundary Adjustment, 13 and is tax exempt pursuant to WAC 458-61-235. 14 Ill. JUDGMENT 15 Pursuant to the foregoing stipulation and findings, it is hereby ORDERED, ADJUDGED 16 AND DECREED that: 17 18 19 20 21 22 23 24 25 26 I. Boundary Line Adjustment No. I. Title to the following described real property situated in King County, Washington, shall be and hereby is quieted in and to the Plaintiffs to the extent and as they respectively own the abuttinJ properties along the following described strips of land, to-wit: THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETIE MERIDIAN, IN KING COUNTY WASHINGTON, · DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE S89°49'04" E ALONG THE NORTH LINE THEREOF 415.!5 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 41 S FEET OF SAID SUBDIVISION AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S 89°49'04" E 132.76 FEET; THENCE LEAVING SAID NORTH LINES 46°27'06" W 12.17 FEET; THENCEN 88"29'19"W 100.31 FEET; THENCES 76°27'04"W 14.63 FEET; THENCEN ORDER AND FINAL JUDGMENT· l Jlll&COS.6 Page 4 of9 POSTE~Pt?PERPLLC 1111 hlRII AYUIIIIE,SV~ 3400 Sum.it:, WA4Slf11C10N9110l-32'9 t, ZO(,..f.n-44100: Printed on 11/712012 8:31 :20 AM Document: JOG QTL 2012.0419.000630. Branch :FAW,User :PA12 Comment: 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 87°35'06" W 9.72 FEET TO A POINT WHICH BEARS S 01°42'26" W FROM THE POINT OF BEGINNING; TIIENCE N 87°35'06" W52.84 FEET; THENCE N 67°1 l '54" W 18.52 FEET MORE OR LESS TO THE NORIB LINE OF SAID SUBDIVISION; THENCE S 89°49'04" E ALONG SAID NORTH LINE 70.14 FEET TO THE POINT OF BEGINNING; SITUATE IN lHE CITY OF RENTON, COUNTY OF KING AND STA TE OF WASHINGTON. . 2. Boundary Line Adjustmenl Nos. 2 and 3 solely affecting Plaintiffs' properties shall be approved by separate court order, and Defendants do nol object to Plaintiffs' presenling that order ex parle. 3. Following the conveyance described in paragraph I, the legal description of Defendants' property, King County Tax PaICel Number 292305-9022, shall be BS follows, and 1itlc is he,by quieted in favor of Defendants BS against all claimants in the following described property:· THE SOUTII HALF OF THE SOUTH HALF OF TIIE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WlLLAMETTE MERIDIAN, lN KING COUNTY WASHINGTON; · EXCEPT THE NORTil IOO FEET OF THE WEST.230 FEET THEREOF, AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7912270174; AND EXCEPT THAT PORTION TIIEREOF LYING WITHIN THE 60-FOOT RIGHT OF WAY FOR SECONDARY 'STATE HIGHWAY NO. SC (FORMERLY KNOWN AS JOHN F. BENSON ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUME 16 OF THE KING. COUNTY COMMISSIONER'S RECORDS, PAGE 592;, AND EXCEPT TH.AT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 9905141847. AND EXCEPT 1HAT PORTION CONVEYED TO KING COUNTY TAX PARCEL 292305·9031 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE S 89049'04" E ALONG THE NORTH LINE THEREOF 415.15 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 415 FEET OF SAID SUBDIVISION AND THE POINT OF BEGINNING; THENCE LEA VINO. SAID NORTH LINE, S 01"42'56'' W 9.19 FEET; TIIENCE N 87°35'06" W 52.84 FEET; THENCE N 67°11'54" W 18.52 FEET MORE OR LESS TO ORDER AND FINAL flJDGMENT -4 FOSTU Pl:PP&R PLLC ·ui • TllnwAvtHUt.SUmJ<tOD Su,:rn.s.. WASRIJIIC'1011'8101-lffl • 206,.4,IT..UOO J,IIIIIOCIU Station Id :SILO KING,WA Page 5 of9 .Printed on 1 In/2012 8:31:20 AM Document: JDG QTL 2012.0419.000630 Branch :FAW,User :PAl2 Comment: Station ld :SILO 11-2-30314-4, SEA KING,WA 2 THE NORTH LINE OF SAID SUBDIVISION; THENCE S 89"49'04" E ALONG SAID NORTH LINE 70, 14 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY TAX 3 PARCEL 292305-9107 DESCRJBED AS FOLLOWS: COMMENCING AT THE NORTIIWEST CORNER OF SAID SUBDNJSION; 4 THENCE S 89°49'04" E ALONG THE NORTH LINE THEREOF 415.15 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 41S FEET OF SAID S SUBDNISION AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINES 89"49'04" E 132.76 FEET; 6 THENCE LEA VINO SAID NORTH LINE S 46"2?'06" W 12.17 FEET; THENCE N 88°29' 19" W 100.31 FEET; THENCE S 76°27'04" W 14.63 FEET; 7 THENCE N 87°35'06" W 9.72 FEET TO A POINT WHICH BEARS S 01 '42'26" W FROM THE POINT OF BEGINNING· THENCE N 01 °42"S6" 8 E9.l9FEETTOTHEP0INTOFBEGINNING; ' 9 4. Exhibit A attached to this Order and Final Judgment shows the conveyance in JO paragraph \ to plaintiffs with hatch marks. 11 12 5. 6. As adjusted and revised, the properties affected hereby shall be and are legal lots. The Court directS lhat oll jurisdictions, including the City of Renton and King 13 County, revise, reflect and recognize the properties and their boundaries, as their boundaries have 14 been adjusted herein. IS 7. The parties stipulate and agree to th~ Plaintiffs recording a corrected driveway 1 G easement that is on Plaintiffs' land. Jt is so ordered. 17 8. The Defendants shall forthwith record the landscaping easement agreed to in the . . ) 8 settlement agreement. It is so ordered, 19 9. Effective upon the Court's entry of this Agreement, Order, and the King County 20 Assessor's receipt of this Court Order, quit claim deed and excise tax affidavi~ this shall be treated 21 as tux exempt pwsuantto WAC 458-61-235, update the tax parcels, and adjust their maps. 22 lO. Any and all remaining claims in this action are hereby DISMISSED WITH 23 PREJUDICE, and without an award of fees or costs to any party, after, the entry of the order 24 adjusting the boundary Jines of the Plaintiffs' properties. 25 26 ORDER ANO FINAL JUOGMENT. 5 Page 6 of9 FOS"fl:.'R PEPP:ER Pl.LC l l I I 'Tt11111.ISAVICJIUa:,.Surnl400 SU.lTl.1£, WA$111JIIGTO.M91t0t..1D!l • 106-447-4400 Printed on 11n12012 8:31 :20 AM Document: JDG QTL 2012.0419.000630 Branch :FAW,User:PAl2 Comment: KING,WA 2 l 4 s 6 7 Stipulated to end Presented by and through: FOSTER PEPPER PLLC 8 'ff-..£!.), .. ~~""~. Rodrick J. Dembowski, WSBA No. 31479 9 Counsel for Defendants appearing on a limited basis to present this Order and Judgment 10 II Stipulated lo. approved as to form, and Notice of Presentation Waived by: 12 13 LAW OFFICES OF SARAH L. ATWOOD, PLLC 14 ~~ IS Sarah L Atwood, WSBA No. 31199 16 Allomeys for Plaintiffs 17 18 19 20 21 22 21 24 25 26 ORDER AND FINAL JUDGMENT ,6 Page 7 of9 Document: JDG QTL 2012.0419.000630 ' Station Id :SI LO FOSTER t1:PP£R Pl.LC I 11 J T1URp AY1tflfll£.Sl'1TrJ.f00 Sbn&.~ WASKIHGTOflf 9lll0J-J2'9 • J06..M7.....00 Printed on 11/7/2012 8:31:21 AM 1 · ' ' I ---~------·------- :3 '!' ;,! C: 0 ~ i ~ 0 u N ~ ! ~- «: '"' 1 O'.l ~ "'. .. ' .. .... M 0 7: N ' .... .... " w I Cl) "' N I w O> ::, N z ~ w "' ·> .. < 1:::- X: ::: ~ , ... 8 § ... ;,; , "' 30' ' ... :., ~ " ~ ~, NW CORNER s ,;2 Of s 1/2 or NW l/4 Of' SE. 1/4 SEC. 25-2J-5 @> N89"49°04~W -,- 1 I I T @ 4i5.15' N01"42'56•E 9.19' N6711'~4~W 16.~2· N87"l5"0Ei"W ~2-8'4' NORTH I IN£: Os:' S 1/2 OF S 1/2 OS NW 1/4 OF SE 1/4 SE.C. 29-13-5 Ta,;Po .,.. ng I ,'. ! J .8 ."'. • • F" .... "'18 ,, ' -~ :;, -,, ,.:s ... ,:;;£.ti;;.~ 3: -~ H l·" '" ~ GJ@ ~ :g• ,.. ·~ 0 WN·'!..·'··..:.:C),,f. ~ ~;· ~ ri >. -·· ..., 6~ .70' ,! ~ 1;. ..;1 20 •. ~.; r " :.:..f:;ic:r\t: I 1; l!DrNT~O~ :ii BEdiNttINft -£!A~ a.1~2. ~~.E~-~ i itJNlB" r. ~ f., &l ,- ~'~ IO·,_: . "' "' --~~ ~:.@ \ i' _.N ·::i ~ .-..;1~ . '·/ --,.:·. . N46'21'06 .. E ,z. ,,· a ~lii• '2 ·04·1 .:NB'7',lfi' • H1.i2'1' . S ff fl JfO YAS,E FROI :~II 902:Jio 910 i!~Jj 1 CONVEYANCE EXHIBIT CONvt!iAllcir j eo:z~ b°.l.Pf l a ,. C TAX PARCEL ·292305-9022 TO 292305-90.31 AND TAX PARCEL 292305-9022 TO 292305-9107 I NW 1/•. SE l/4, SEC 29, l\11'. 2JN .. RNG. SE.. W.M. EXHIBIT & . 'hN. BY DA;,: Joa NO:-·e-CONCEP'I' ENG!NEERJNG, !NC. . -... .. t;3M 12/IJ/11 31051 •s:; Roitlo,ct 8C11ilr.wtd HQl"lt, -lHGQUDti. Wosl\inglon 98027 :~""!KO. BY SCALE SHEET :"11111111 (425,) J9'2-BDS,$ FAX (425,) 191-0108 1-= 6G' 1 Of 1 . ~r;,;,.t @ l('!-~ ~ ·· -~: I ~1·.-.,-,"'9, Ille. M "911:1 ,__, ~ <;; "' 00 N g C: 0 I ~ 0.. °' 'Z 00 ~ Q.. 0 "' "' 0 0 0 ,,; ..,. 0 ,-.; 0 N ~ ~ <.;... ~ ~ " " Cl ~ ;z: 0 -0 l.: 0 Branch cFAW,User :PAil Comment: Station Id :S l LO KING,WA Page 9 of9 Printed on l l/7/2012 8:31:21 AM Document: JDG QTL 20 l 2.0419.000630 Branch :FAW,User :PAI2 Comment: 11111m1~n1111111111~ 20120608001092 ==-=I ~l u.ee oe,11,,2t12 11 ;31" KINI, CDIJNTY I UA Plm~11rint nr tvtt~llformROO<I WASHINGTON STATE RECORDER'S Covtr Sheet 1RtW65.Q~) Docfm:_';1 Titlc_i:) '.oi;. ttpn~clio_!"5 c,o,ntai:e~ .l~/eir,): (OIi nreu opplicAbl~ lo your document 1DJW be filkd ,n) I. r I I 2. ,. ,,..,ii •. :, t,....._ ,., '· Rcferem:c Numbcr(s) of Documents assigned or released: Addilionaf refemicc ll's an paBt __ of docurnen! Gran.tor(f;) Exactly as 11ame(s} appear o~umenc ,. f'r,t,t;,o,i,. t t..t,b/e £-w~ l"lll--. , A-.,1,,cte~.+ Viol" T t>'l:l-eU Additional names on pa~ __ Qr document, Grantee(!!) E1rac1!y H name[sJ zppear on document Qw\..,a,....e. t'. 8jcsm ?Jtid 1. ~71« .4 ~. hi-- '~~,J-~ . J.k;~ I{.tklcn:rilh,l11,:1!?1, Additional names on page ofdocumcnl. Legal description (~bbreviat~: i.e. lot. block, pla1 or seclion. towns.hip. range} Additional le,gel is oo page of document. Assessor's Property Tai:: Parcel/Account Number 0 Assc~or Tax. II tl01 ~ &higned lbc: Audilor/Rccordcr will rely on lhc information i,rovidcd on this form. The steITwill no< rea<I the i:101:umcnl Lo verify 1hc aceuracv or c-omclc1CT1CSs or the indcxin.1t. infonrt11tiM orovided herein. .. I am 11&nlnR below and paylnii: an addlllonal $:!10 rttordi11g rec {n proYldcd in RCW M.Ul.010 .and rrfemd lo II an emngtncy nonstndanl documen1}, Mcaust lhis document -does not meet mugin and forma.ttia; req11iremcnl~. F11rfhtnnon, I IH!reby unden;land 1h.at the rttordlng process may coyer up or oChcrwiR olncure some part oftbe tut ofthc orlglHI dixument a~ a result oflhis rtqunt." Signatun; of Requesting Party N11le t~iubmitttr; D~ no! 1i1i:n abOYf ni,, Oil' additionol S50 ru lftl'lt <1ot1.1111tnt ffltttl m•ralnffor11111tln.o rM-11lr,m,11t1 Station Id :S !LO ,' . ; I KING,WA Page 1 of8 Printed on 11/7/2012 8:31 :24 AM Document: JDG QTL 2012.0608.001092 Branch :FAW,User :PAl2 Comment: 2 4 ll-2•JOH4-4, S:Ell. ~ILi!:~ Klr-.'al COWNT'( Wl',3:-;INc.;TO: APR l S 1Dl1 UE?ARTM.t:1\i.T Of JUDCIALAOM!N1STRA1l0N 0 c • EXP07 n,J nlE SUP~RJOR COURT OF THE STA TE OF WASHlNGTON IN, IN AND FOR KrNO COUN'lY 9 RICHARD R. NIEMI, SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND THE lO DARLENE R. BJORNSTAD TRUST. ii 12 Y, l'laintim, 13 RAYW.J,01TOASTRUSTEEOFTHE MARJORIE L. LOTIO LIVING TRUST; RAY 14 W. LOlTO AS PERSONAL REPRES£NTATIVE Of THE PROBATE IS ESTATE OF MARJORlE L. LOTIO; THE PRO BA TE EST ATE OF MARJ0RJ£ L. l!i, I.OTTO; WH:.1.IAM J.o·:-ten~ AS NA.MP.D PERSONAL Rf*'RE.SENT A TIVE OF THE 1 17 PROBA'ffiESTATEOFVlOLAT.O'NEIJ., 1· AND MARJORIE L. LOTIO AND VIOLA T. . 18 O'NEIL OBA MB INVBSTMENTS, l9 Dcfi:ndmLS. i No. ll-2-JOJ.14-4 AGREED ORDER, DECREE AND FINAL JUDGMENT QUIETING TITI,E. ADJUS'IlNO PROPER.TY BOUNDARY .AND DJSMISSIN'O ALL CLAIMS Willi PREJUDICE AND Wrn!OUT FEES OR COSTS ,o 21 I. .fiJDGMENT SUMMARY 22 I. Plaintiff: " 24 2. Attorney for Plaintiff: " 3. I)cfl!ndants: ,. ORDER AND FThV,!. JUDGMENT· I ruchard R. Niemi, Sydrley I. Niemi, Darlene R. Bjornstad, and the Darlene It Bjornstad . Trust Sarah L. Atwood Law otrl(:=i of Sarah L. Atwood PLLC Ray W. Lotto as Tru*I! of the Marjorie L. Lotto Living TMt; Rny W. Latto as. personal re~ Station Id :SILO KING,WA Page 2 of 8 Printed on 11/712012 8:31 :24 AM Document: JDG QTL2012.0608.001092 .. Branch :FAW.User :PA12 2 ' Comment ll-2-30314-~, SE'A ¢f the Probate Estate of Majorie L. Lotto; 1M Probate Estate of Marjorie L. Lotto; William J.O'Neil as D8med pusorw representative of the Probate Estate of Viola T .. O'Ncil, and Marjorie L Lotto il{'l(I Viola T. O'Neil dl:ta MB hwes<ments 4 ,. Real Property Affected: See Section I 11 Md Section UITJ 1·3 hc,eill King Caw,ty Tax.Partct Nos. 292305-9022, 29230S-9107, 292305-903 i. 6 6. Principal Judgment Amount: $0.00 7 . B g 1D JI 12 13 L4 " L7 " L9 20 2L 22 23 24 ,s 26 IL STIPULATION ll is hc.rt:by ~pu1ated by, betw«n Md among the parties hereto; and the Co1,1rt on good 1. Phiin1ifTh brought suit againSl the <lcf•,mdants ~ng to quiet title in certain property dcsi;:ribed in the Complaint pursuant to, doarioes of advme p(l~siott, mutual n:cog,:iitiOrt of boundary, pn:scriptivc casement and similar equit11.ble doctrines. Tot reeoro title kg11.l descripliOJJ fordcfrndants' parcel, TIIX PARCEL 292305-9011, is as follows: THE sou:rn HALf OF THE S0tJTH HALF Of 11-IE NORTHWEST QUARTER Of THE SOUTIIEAST QUARTER OF SECTION 29, TOWNSHIP 2J NORTH, RANGE 5 EAST, WfLLAMEITE MERIDIAN, IN KlNG COUNTY WASHJNOTO't-1; EXCEPT THE NORTH 100 FEe.T OF THE. WBST 230 fBET THEREOF, AS CO?WEYED TO THE CITY OF RENTON BY DEED RECORDED UNDE!R KmG COUNTY RECORDING NO. 79122?0174; AND EXCEPT THAT PORTION THEREOF LYING WITIIIN THE 60-FOOT RIGHT .OF WAY FOR SECONDARY STATE HIGHWAY NO . .SC (FORMERLY KNOWN AS JOHN F. BENSON ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUMG J6 OP 1HE KINO COUNTY COMMISSIONER'S RECORDS, PAGE 592; AND EXCEPT THA1' PORTION CONVEYED TO KING COUNTY BY DflED RECORDED UNDER RECORDING NO. 9C)QS141fl47. .,. Following the filiJJg and ~ice of lh~ Complaint, Plaintiffs and, Defendants,. 1hrough their authoro.ed agent cnten:d into sett.lem«1t ci:agotiations. ORDER AND FrNALJU'DQMENT -2 I Station Id :SILO ... KING,WA Page 3 of8 Printed on 11/7/2012 8:31:25 AM Document: JDG QTL 2012.0608.001092 I· I I Branch :FAW,User :PAl2 KING,WA Comment: ll-2-303.H-4 SE/Ii 3. The parl.iC$ have .settled the: dispuk. The wrirten CR 2A settlement provided for a 2 conveyance of the property described he~n Jhm1 Defendants to P~intiffs, and oilier relief . .:1. Title lo the property described below should be quieted in Plaintiffs, as set forth 4 below in the ~udgmcnt. S. Title to .and betwcro Plaintiffs' abutting proptrti~s shall be stt forth in e separate 6 courtorder. 7 6. All olhu clllims not otherwise rcsolv«I by lhe judgment quieting title, shill! be 8 dimi&sed with prejudice nod without en award offecs or costs to either party. 9 7. 'lne bo'tlndary ]ir.,e adjumnents belween the Defendants a,.d the Plaintiffs pl"apmies JO and between the Plaintiffs' properties do not ~au~ a sub$tamial amount of properties to be 1 l Cxchariged, is for 110 consideration, and that the parties' recording of quil i.laim d~~ t$, fof the 12 .purpose: of ending a boM lide property dispuu:, shall be regarded. ll9 a Lot Boundary Adju!tmenl,. 13 and is tnx exempt pUfS1J8111 to WAC <l58-6l-23S. 14 III. JUDGMENT 15 Pun;u~t to thc foregoing stipulation and fmiling:i, it is hereby ORDERED, ADJUDGED l7 18 19 20 21 · 22 23 24 '' 26 l. Boundarv Linc AdiJJstrnent No. J. Title to ~ rollowing described real prol)Crty situ.itcd i.n I(ing County, Wnshlngton, sh~ll be and hereby is quieted in and to the Plaintiffs to the extent and DS they rcspeetivcly own the abutting properties along Lhe following dcs~ri'bed strip, of land,. to-w:l: THAT PORTION OF THE SOUTH HALF OF nm SOUTH HALF OF TIIE NORTIIWEST QUARTER OFTIIE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETIE MERIDIAN, IN KING COUNTY WAS!IJNOTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; TIIENCE S89"49'04" E ALONG THE NORTH LINE THE.RE OF 415.15 FEET MORE OR LESS TO THE EAST UN2 OF THE \VF.ST 4 I 5 FEET OF SAID Stl8DIVlSION AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SATO NORTH LINES g9a49'04" E 132.76 FEET; THE}iCE LEAVI'NG SAIDNORTII LINES 46°2.7'06" W 12.17 FEET; ll!ENCEN 88"29'19"W 10(1.31 FEET; THENCES 76a27'04" W 14,6JF6ET; TH.EN'CEN 01'.0ER /4.ND F'lNAL JUDCiMENT· J Ulll~.I Station Id :SI LO Page 4 of8 Printed on 11/7/2012 8:31:25 AM Document: JDG QTL 2012.0608.001092 Branch :FAW,User :PA12 Comment: ll-2·J03lf-i S£A 87°35'06" W 9.72 FEET TO A POINT WHICH BEARS S 01 ~42'26" WFROM THE POINT OF BEGINNING; 11-IENCE N 87"35'06'' W52.84 FEE~ THENCEN 67°ll'54"W 18.52 2 FEET MORE OR LESS TO THE NORTH LTNE. OF SAID SUBDIVISION; THENCE S 89"49'~" E ALO'NO SAlD NORTif UNE 70.14 FEET TO THE POINT OF BEGINNJNC; SITUATE n,J THE CITY OF RENTON, COUNTY 01' KING AND ST A TE OF 4 WASHlNOTON. 6 1 9 10 ]I 12 13 1, 1 S ,. 17 18 19 20 21 22 23 24 25 ,6 2. Boundary LUJe Adjustment Nos. 2 and J solely affecting Plaintiffs' properties sh.all be approved by separate court order, and Defendants do not objcet to Plaintiffs' presenting that order ex parte. ). Fnllowing lhe conveyance described in para~ph I, 1he lt:gal de~ription of Defend.an,~· propCI1y, King County Tai.: Parcel Number Z9230S-9022. shall be as fotlo~s. e.nd title is hc1by !;]tiii:itc~ i11 favM ofDc.fcndants a~ againsl all cl~imants in the following describ~ property:· THE sourn J-IAU OF THB SOUTH HALF OF TIIB NORTHWEST QUARTER o·F THE SO(JIHEAST QUARiER OP SECTION' 29, TOWNSHIP 2l NORnJ, RANGE 5 EAST. WILLAMETIE MERIDIAN, IN KING COUNTY WASHmGTON; EXCEPT Uffi NORTH 100 FEET OF THE WEST.230 FEET THEREOF. AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER '.':ING COUNTV f..ECD!tDf!'IG NO. 791217!')17-'l; AND EXCEPT "nlAT PORT!ON THEREOF L YrNO WITIIIN IBE 60-FOOT RJOHT OF WAY FOR SECONDI\RY "STATE HTGHWAY NO. 5C (FORMERLY KNOWN AS JOHN F. BENSON ROID), AS ESTMLlSHED BY OR.DER FILED MARCH 19, 1912 UNDER VOLUM.E 16 OF TI-IE KING COUNTY C0:\1:MISSIONER'S RECORDS, PAGE 592;. AND EXCEPT TIJAT PORTION CONVEYED TO KINO COUNTY BY DEED RECORDED UNDER RECORDINO NO. 9905141847. AND EXCEPT THAT PORTION CONVEYED TO KING cowrv TAX PARCEL 291305-9031 DESCRIBEO AS FOLLOWS: COMMENCJNG AT THE. NORTIIWEST CORNER OF SAID SUBDJVIS10N; THENCE S 89°49'04" E ALONG THE NORnl LINE THEREOF 4 l 5.15 FEET MORE OR i.,ess TO 1lffi EAST LINe OF THE WESl' 415 FEET OF SAID SUBDIVISION AND TIIE POINT OF BEGINNING; THENCE LEA VlNG SA1D NORTH LCNE. S 01"'42'56" W 9.19 FEET: THENCE N srJS'06" W 52.84 FEET; TIIENCE N 67°11 '54" W IB.S2 rEET MORE OR LESS TO ORDER AND FIN"AL JUDGMENJ · -11 "'"'"'' Station Id :SILO \ ' KING,WA Page 5 of8 Printed on 11/712012 8:31:26 AM Document: JOG QTL 2012.0608.001092 Branch :FAW,User :PA12 2 4 6 7 s ' Comment: THE NORTH LlNE OF SAID SUBD1VTS[0N; THENCE S 89°49'04 1 ' E ALONG SAID NORTH LINE 70.14 FEE.TTO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY TAX PARCEL 29230S.9107 DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAlD SUBDIVISION; TIIENCE S 8~49'04" BAtONG TIIE NORTII LINE THEREOF 415.IS FEET MORE OR LESS TO TIIE EAST LINE OF THE WEST 41S FEET OF SAID SUB0N1Sl0N AND TI-IE POIJ'fr OF BEGINNING; TI-IENCE CONTINU[NG ALONG SAID NORTH LINE S 89°49'04" E 132.16 FEET; THENCE LEAVThlG SAlD NORTH LINE S 46~1'06'' W 12.17 FEET; l"HENCE N S8"19'19" W 100.31 FEET; THENCES 76°27'04" W l4.63 FEET; THENCE N 87°35'06" W 9.72 FEF.T TO A POINT WHlCH BEARS S 0!0 42'26" W FROM 1HE POINT OF BEGlNNING; THENCE N 01°42"56" E 9.19 FEET TO THE POINT OF BEGlJ\'NING; •• Exhibit A aua~htd to this Order and Finp.] J\ldgnu,nt shows the conveyance in 1 o pamgraph I to plaintiffs w:ith hatch marks. 1l 12 5. 6. As adjusted and revist:d, the properties affected hereby shall be and arc legal lots. The Co\ll'l dircet1 thru all jurisdictimi...:, including the City of Renton and King 13 C(Jill'lry, rcvitt, reflect nnd rcoognize the pmpertics and thcir boundBric:;:, u.s th~ir boundaries ha\'t 14 been adjusted h&'t:ir:i, IS 7. The parties stipulate and agree to the Pl11in1iffs recordins a corrected driveway 17 s. The Defcndnnts shall forthwith record the landscaping eosement agreed to in the 1 g sdtlcmentagreement. It is so 0rdm,d. 19 9. Effective upon the Collrt's entry ufthis Agreement, Ordcr, llfld. the King County 20 AssCJSOt's receipt of this Court Ord«, q\lit clnim deed and e,cc:isc lax nffidavit, nus shall be treated 21 as tax exempt pursuant to WAC458-61-235, update Lhe tax parcels, and odjust their maps. 22 10. Any and all remaining claim~ 111 1his action M: herel?Y DISMISSED WITI[ 23 PREJUDICE, and without an 4ward of fees or costs to UJ.Y party, llfler the entry of the order 24 11dj1,1$ting lh& boundary lines of the Plaintiffs' properties. 25 l6 ORDER AND FJ'N/\L JUDGMENT -5 FOSTBII Plll'nll ru.c (UIT1nUt.lWD.'1.,$~1'T'1':MCII Su.nu. W~sHl•OTONHIDl-lnt. ~n-uoo Station Id :SI LO KING.WA Page 6 of8 Printed on I In /2012 8 :31 :26 AM Document: JOG QTL 2012.0608.001092 ---------------------------·------------------ Branch :FAW,User:PAl2 KING,WA Comment: Stiputated to and Presented by and 1hmugh: 6 FOSTER PEPPER PLLC 9?-£0,. "'"'~' Rodrick J. Dembowski, WSBA No. Jl479 9 Co\lnsd for Defendan1s appearing on a limited ba,is ta presc:nl 1his Order and Judgment 10 11 Stip\ll111ed to, .llppmved as lo form. and Noti~ of Prcsen1&1i6n Waived by: 12 IJ LAW OFFICES OF SARAH L. ATWOOD, PLLC Sarah L. Alwood, WSBA No. 31199 i6 • t,ttom:.::,·.s for :"l:J!;;:;rr~ 17 18 19 20 21 22 2l 24 2l ,6 ORDER AHO FINAL JUDGMENT -6 Page 7 of8 Document: JDG QTL 2012.0608.001092 F05T(ll P£1'rU!. PU(: 1111 Tnr.~ ,.n:,,c,r~S11'n: Ult 5«,,Til.l, W4'UN(:TC>11Hltl.Jt?f • ~- Station Jd :SI LO Printed on 1117/2012 8:31:27 AM Branch :FAW,User :PA12 . 'I K!NG,WA '" " :,: iii ::; Document: JOG QTL 2012.0608.001092 Comment: tOBTH AVENUE SE ~,·a1 2 ·_,._·•-~-/" i"" W. uii'°·SE 1/4~21-2J-s L_I ' 4 I I I I I @ Station .Id :Sl LO U-2-30)H-~, SE/I. l I I I I I I L ·----i ® ~il ij £. tlWt Of" YJ. ~1,: ~ f.---NOr,~1.06· -2~ 'L----""tj , -::rm::• Page 8 of8 ® I I _I Printed on 11/7/2012 8:31:27 AM ,, iturnAo'm~d-~ L-~ PLlc.- m-~m;,cos 1111111111111111 20120608001093 ~x~r ... ,1 ~RWl 90.00 l&/08/Z812 11:37 K?NG COUNTY, UA WASHING Pl~sc: nrinl or l•·n~ h1rormallon ., Document Titlc(s) (or lransactions contained therein): (all nrcn.s applicable 10 your document mJW be filled in) I. ~ Gw.idH1~Tlfl-e. 2, J, 4, Reference Numher(s) of Documents assigned or released: Additional reference #'son page ___ of document Granlor(s) Exams name(s) appear on document 8jbl'Y\ btarl, o~~R. L N1·~ ~ ·c.k,..cd fQ,. ' 2. Ni~~ S-!:'.f?U1"!1 ~ • R>jo~~<"fvu~~., Addi1ional names on page ___ of document. ~~~~\ •• ,_ Ji\, Grantee(s) Exactly as name(s) appear on document I, (Y1 ~· f le_ fc:,t.c..,...,.d ~ , ' 2, IV'~l ~d+u.~~-• Additional names on page of document. Legal description (abbreviated: i.e. lot~ block. plat or sec1ioni lownship. range) Additional legal is on page __ of document Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read 1he document lo verifv the accuracy or completeness or the index in"' infonnation nrovided herein. "I am signing btlow and paying on additional S50 recording roe (as provided in RCW 36, 18,010 and refened to as an emergency nonstandard document), because this document docs not med margin and formotting requirements. Furthermore, I hereby understand that the recording process may cover up or othcnvise obscure-sorne part of the te:1t or the odginai document as a result or this request.'' Signature of Requesting Party Note to submiuer: Do not slim abnve nor pfty additional S~O ree if lhe document meets mnrghl/formnUina requiremenls r,> 1 I EXP07 ll•2f30314·4, SEA j. ·lif Ltl!D KINc;i COUNTY, WASHINGTON APR s o. 2012 DEPARTMENT OF JU!JCIALAOMJNISTRATION 2 3 4 s 6 7 8 IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON IN, IN AND FOR KING COUNTY 9 RICHARD R. NIEMI, SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND THE 10 DARLENE R. BJORNSTAD TRUST, 1 l Plaintiffs, (2 V. 13 RAY W. LOTTO AS TRUSTEE OF THE MARJORJE L. LOTTO LIVING TRUST; RAY 14 W. LOTTO AS PERSONAL REPRESENTATIVE OF THE PROBATE l 5 ESTA TE OF MARJORIE L. LOTTO; THE PROBATE ESTATE OF MARJORIE L. 16 LOTTO; WILLIAM J.O'NEIL AS NAMED PERSONAL REPRESENTATIVE OF THE 17 PROBATE ESTATE OF VIOLA T. O'NEIL, AND MARJORIE L. LOTTO AND VIOLA T. 18 O'NEIL DBA MB INVESTMENTS, Defendants. No. 11-2-303 l 4-4 KNT AGREED ORDER, DECREE AND FINAL JUDGMENT QUIETING TITLE, ADJUSTTNG PROPERTY . BOUNDARIES BETWEEN THE PLAINTIFFS' PROPERTIES 19 20 I. JUDGMENT SUMMARY 21 1. 22 23 2. 24 25 26 3. Plaintiffs: Attorney for Plaintiffs: Real Properties Affected: Richard R. Niemi, Sydney J. Niemi. Darlene R. Bjornstad, and the Darlene R. Bjornstad Trust Sarah L. Atwood Law Offices of Sarah L. Atwood PLLC See Section II ii and Section III 1m 1-5 herein. King County Tax Parcel Nos. 292305-9 I 45 292305-9107,292305-9031. AGREED ORDER. DECREE AND FINAL JUDGMENT QUlETINO TITLE. ADJUS"l1NG PROPERTY LAWOFFrCESOF' SARAH L. ATWOOD, PLLC 119 N.E. S6-ntSTREET SEAlTLE, WASHINGTON 91105 l06-S2'1 •0J77 (kl.) BOUNDARIES BETWEEN THE PLAINTlffS" PROPERTIES· I .I I , 2 3 4 5 6 7 8 9 JO I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11-2-30314-4, SEA 6. Principal Judgment Amount: $0.00 n. STIPULATION It is hereby stipulated by, between and among the Plaintiffs hereto; and the Court on good cause finds that: I. PlaintifTs·brought suit against the defendants seeking to quiet title in certain property described in the Complaint pursuant to doctrines of adverse possession, mutual recognition of boundary, prescriptive easement and similar equitable doctrines. The Plaintiffs Niemi and Bjornstad also had claims of adverse possession and encroachment against each other. The affected properties for this second Court Order are located at 108rh Avenue SE. Renton, Washington, 9805S. parcels numbers 9031, 9107, and 9145. 2. Following the filing and service of the Complaint, Plaintiffs and Defendants, through their authorized agent entered into settlement negotiations. 3. The parties have settled the disputes, including those aff~ting the Plaintiffs' boundary line disputes. By separate court order entered by this Court on April 13, 2012 the Plaintiffs and Defendants provided for a conveyance of real property from Defendants to Plaintiffs, and the entry of this second court order to provide for conveyance of real property solely between the Plaintiffs. 4. Title to the property described below should be quieted to each of the Plaintiffs, as set forth below in the Judgment 5. All panics have previously stipulated and agreed to the entry of a Court Order directing a change in lhe Driveway Easement to that driveway easement existing solely on Plaintiffs' properties to comport with the actual location of Plaintiffs' driveway. All parties have previously stipulated and agreed to the recording of a fully fenced landscaping easement granted AOREED ORDER. DECREE AND Fll'IAL JUDGMENT QUtETINO TITI,1':. AOJUS'llNO PROPERTY B0UNOARIE5 BETWEEN THE PLAINTIFFS' PROPERTIES· 2 LAW OFFICES OF SARAH I.. ATWOOD, PLLC 119 N.E, ,6 111 'Sntt1 SEAlTLE, WASHINGTON 9110! 206-,24-0377 (l<I.) ., ll·2·30ll4-4, SEA to Plaintiffs on Defendants' property, and that the Landscaping Easement shows the location of a 2 twenty foot buffer and t!'l."CS to be relained v.ithin said buffer. 3 6. All other claims not otherwise resolved by the judgments quieting title in two court 4 orders, were agreed dismissed with prejudice and without an award of fees or costs to either party. 5 7. The boundary line adjustments between the Plaintiff Niemi and Bjomslad's 6 abutting properties do not cause a substantial amount of properties to be exchanged, is for no 7 consideration, and that lhe parties' recording of quit claim deeds is for the purpose of ending a 8 bona fide property dispute. shall be regarded as a Lot Boundary Adjustment, and is tax exempt 9 pursuant to WAC 458-61-235. 10 I!T. JUDGMENT l l Pursuant lo the foregoing stipulation and findings, it is hereby ORDERED, ADJUDGED I 2 ANO DECREED that: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. Boundary Line Adjustment No. 2, Title to the following described real property situated in King County, Washington, shall be and hereby is quieted in and to the Plaintiff Niemi, to move the common legal boundary line between Plaintiff Niemi's properties lo 3.68' east of the legal line as shown on Exhibit ~ in the hatch marked area, and shall be transferred by a quit claim deed. The Plaintiff Niemi has two parcels with a common legal boundary between their contiguous properties located at I OS'h Avenue SE, Renton, Washington, 98055, parcels numbers 9031 and 9107, shown on ExMbit 2. to-wit: Existing legal Description/or Niemi Parcel 9107: THE EAST 100 FEET OF THE WEST 515 FEET QF THE SOUTH IS7 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CN KING COUNTY, WASHINGTON. Existing legal Description for Niemi Parcel 9031: . THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF TIIE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; ANO EXCEPT THE EAST 245 FEET 1HEREOF; "OREF.D ORDER. DECREE "NO FINAi.JUDGMENT QUIETING TITLE, ADJUSTING PROPERTY BOUNDI.RIES BETWEEN TilE PLAINTIFFS' PROPERTIES• 3 LAW OFFICES OF SARAH L. ATWOOD, PLLC I 19 N,F~ 56"' S~En SEATI'LE, WASHINOTON 91105 l06-S24,0)77 (lel.) 2 3 4 5 6 7 8 9 10 11 12 13 14 l.5 16 17 18 19 20 21 22 23 24 2S 26 11-2-30314-4, SEA ·~ AND EXCEPT ROAD. The overlapping and encroaching boundary line for Niemi Parcel 9031 is now ordered moved, to-wit: Amended, partial new legal Description/or Niemi Parcel 9031: THE WEST 415 FEET OF THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; AND EXCEPT ROAD. . Plaintiff Niemi shall by this Court Order and by quit claim deed convey from Tax Parcel 9031 to Plaintiff Nicmi's Tax Parcel 9107 the following piece of property containing an area of 575 square feet: BEGINNING AT THE INTERSECTION OF TIIE EAST LINE OF THE WEST 4 l S FEET OF SAID SE V. OF SAID SECTION .29. AND THE SOUTH LINE OF THE NORTH 'h OF THE SW Y. OF THE NW Y. OF THE SE '/. OF SAID SECTION 29, THENCE S89° 49' 04"E A DISTANCE OF 3.64 FEET TO THE WEST LINE OF THE EAST 245 FEET OF THE SW V. OF THE NW Y. OF THE SE V. OF SAID SECTION 29; THENCE NOl 0 43' SO"E ALONG SAID WEST LINE OF THE EAST 245 FEET A DISTANCE OF 157.06 FEET TO TIIE NORTH LINE OF THE SOUTH 157 FEET OF THE NORTH Y, OF THE SW V. OF THE NW V. OF THE SE Y, OF SAID SECTON 29; THENCE N89° 49' 04"W ALONG SAID NORTH LINE A DISTANCE OF 3.68 FEETTO THE EAST LINE OF THE WEST 415 FEETOF SAID SE V. OF SECTION 29; THENCE SOI O 42' 56"W ALONG SAID EAST LINE OF THE WEST 41 S FEET A DISTANCE OF 157.06 FEET, TO THE TRUE POINT OF BEGINNING. 2. Boundary Line Adjustment No. 3. Title 10 the following described real property situated in King County, Washington, shall be and hereby is quieted in and to the Plaintiff Niemi, to move the common legal boundary line between the Plaintiffs' properties to 32.71' east of the legal line as shown on Exhibit 3 in the hatch marked area, and shall be transFerred by a quit claim deed. The Plaintiffs Niemi and Bjornstad have two parcels with a common legal bowidary between their contiguous properties located at I os•h Avenue SE, Renton, Washington, 98055, parcels numbers 9107 and 914S, shown on Exl,ibfl 3 to-wit: Existing Legal Description/or Niemi Parcel 9107: AGREED ORDER. DECREI! AlllD PINAL JUOOMENI' QUIETING TITLE. ADJUSTING PROPERTY BOUNDARIES BF.TWEEN TIIE PLAINTIFFS' PROPERTIES • 4 LAW OFFICES OF SARAH L. ATWOOD. PLLC I 19N.E. S6"'S1ft:E£i SEATTLE, WASHINGTON9110S 206-524.0377 (tel.) ' ' ' 11·2·30314-4, SEA THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST 2 QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON 3 Existing Legal De.,criptionfor Bjornstad Parcel 9145: 4 THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 23 NORTH, 5 RANGE 5 EAST. W.M .. IN KING COUNTY, WASHINGTON: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXCEPT THE WEST 515 FEET THEREOF. Amended, parti<tl new Lege,/ De.,criptfonfor Niemi Parcel 9107: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION LYING BE.WEEN THE EAST LINE OF THE WEST 547.71 FEET AND EAST LINE OF THE WEST 515 FEET, OF SAID SOUTH 157 FEET OF SAID SECTION 29 Full, New legal Description for Bjornstad Parcel 9145: THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .. IN KING COUNTY, WASHINGTON: EXCEPT THE WEST 547.71 FEET THEREOF. Plaintiff Bjornstad shall by this Coun Order and by quit claim deed convey from Tax Parcel 9145 to PlainlifTNiemi's Tax Parcel 9107 the following piece ofpro11eny containing an area of 513& square feet: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WESTS 15 FEET OF SAID SE Y. OF SAID SECTION 2\l. AND THE SOUTH LINE OF THE NORTH Y, OF THE SW V. OF THE NW V. OF THE SE Y, OF SAID SECTION 29, THENCE S89° 49' 04"E A DISTANCE Ol'32.72 FEET TO THE EAST LINE OF THE WEST 547.71 FEET OF THE SW V. OF THE NW 'I, OF THE SE 11. OF SAID SECTION 29; THENCE N01° 42' 56"E A DISTANCE OF 157.06 FEET TO THE NORTH LINE OF THE SOUTH 157 FEET OF THE NORTH '/, OF THE SW V. OF THE NW V. Ol' THE SE'!. OF SAID SECTON 29; THENCE N89° 49' 04"W ALONG SAID NORTH LINE A DISTANCE OF 32.72FEETIO THE EAST LINE OF THE WEST 515 FEETOF SAID SE'!. OF SECTION 29; THENCE S01° 42' 56"W ALONG SAID EAST LINE OF THE WEST 515 FEET A DISTANCE OF 157.06 FEET, TO THE TRUE POINT OF BEGINNING 3. Following the conveyance and recordation of this Court Order and the two quit 25 claim deeds described in this Court Order paragraphs l and 2, and following the entry and 26 recordation of lhe previous Court Order with the Defendants (entered by this Court on April 13, AGREED ORDER. DECREE AND FINAL JUDGMENT QUlf.TING TITI..E. ADJUSTING PROPERTY 80\/NDAIUES BETWEEN THE PLAINTIFFS' PROPERTIES· 5 LAW OFFICES OF SARAH I.. ATWOOD, PkLC 11 C) N.E. , ~"' Sn~ET SEATTLE, WASHINGTON 9810S 206-l24.ol17 (tel) ·, 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 11·2·30314·4, SEA 2012) and the quit claim deed to Plaintiffs of Defendants' property, the legal descriptions of Plaintiffs· propenies. King County Tax Parcel Numbers 9031, 9107 and 9145, shall be as follows, and tille is hereby quieted in favor of Plaintiffs as against all claimants in the following described property: Full, new legal description for Plaintiff Niemi 1)x Parcel 9031: THE WEST 415 FEET OF THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 01' THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; . EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; AND EXCEPT ROAD. TOGETHER WITH COMMENCING AT THE SW CORNER Of THE SEY. OF SAID SECTION 29. THENCE N01° 42' 56"E ALONG THE WEST LINE OF SAID SE•;. A DISTANCE OF 1592.85' TO THE SOUTH LINE OF THE NORTH ii, OF THE SW V. OF SAID NW 'I, OF SAID SE'/. OF SAID SECTION 29; THENCE S89° 49' 04"E ALONG SAID SOUTH LINE A DISTANCE OF 30.01' TO THE EAST MARGIN OF 1osnt AVE SE; THENCE CONTINUING S89° 49' 04"E A DISTANCE OF J8j.)4 FEET TO THE EAST LINE OF THE WEST 415 FEET AND TRUE POINT OF BEGINNING; THENCE S01'42'56"W A DISTANCE OF 9.19 FfoET;; THENCE N87° 35' 06"W A DISTANCE OF S2.84 FEET; THENCE N67'1 I 'S4"W A DISTANCE OF 18.52 FEET TO SAID SOUTH LINE: THENCE S89° 49' 04"E A DISTANCE or 70.14 FEET TO THE TRUE POINT BEGINNING. Full, new legal description for Plaintiff Niemi Tax Parcel 9107: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M .. IN KING COUNTY. WASHINGTON. . TOGETHER WITH COMMENCING AT THE SW CORNER OF THE SE Y, OF SAID SECTION 29, THENCE NOl 0 42' S6"E ALONG THE WEST LINE OF SAID SE V. A DISTANCE OF 1592.85' TO THE SOUTH LINE OF THE NORTH Y, OF THE SW V. OF SAID NW 'I, OF SAID SE V. OF SAID SECTION 29; THENCE S89° 49' 04"E ALONG SAID SOUTH LINE A DISTANCE OF 30.01' TO THE EAST MARGIN OF 108TH AVE SE; THENCE CONTINUING S89° 49' 04"E A DISTANCE OF 385.14 FEET TO THE EAST LINE OF THE WEST 415 FEET AND TRUE POINT OF BEGINNING; THENCE CONTINUING 589' 49' 04"E A DISTANCE OF 132.76 FEET; THENCE S46° 27' 06"W A DISTANCE OF 12.17 FEET; THENCE N88°29' 19"W A DISTANCE OF 100.31; THENCE S76° 27' 04"W A DISTANCE OF 14.63 FEET; THENCE N87° 35' 06"W A DISTANCE OF 9.72 FEET; THENCE N01'42'56"E A DISTANCE OF 9.19 FEET TO THE TRUE POINT BEGINNING. AGREED ORDER. DECREE ANO FINAL JUDGM"ENT QUIWNG TITLE. ADJUSTING PROPERTY BOUNDARIES BlffW&~N nm PI..AINTIFFS' PROPERTIES. 6 LAW OFFICES OF SARAH L. A TWOOO, PLLC 119 N.E. 56"" STREET $EA1TLE. WASHINGTON 9110l 206-ll4-0l77 (ttl.) 2 3 4 5 6 7 8 9 10 II 11-2·30314·4, SEA Full, New Legal Description for Bjornstad Parcel 9145: THE SOUTH l S7 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NOR TH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 547.71 FEET THEREOF. 4. Exltibit A attached to this Order and Final Judgment accurately shows the previously ordered conveyance and referred to in the prior Court Order entered on April 13, 2012, to 1he Plaintiffa from the Defendants. Exllibit Z a11d Exltibit J attached to this Court Order and Final Judgment accurately show the ordered conveyance be1ween 1he Plaintiffs referred to in paragraphs l and 2 of this Coun Order. II is so ordered. 5. As adjusted and revised, the propenies affected hereby shall be and are legal lots. 12 II is so ordered. lJ 14 15 16 17 18 19 20 21 22 23 24 25 26 6. The Coun directs that all jurisdictions. including the City of Renton and King County, revise, reflect and recognize the properties and their boundaries, as their boundaries have been adjusted herein. It is so ordered. 7. The panics stipulated and agreed to the Plaintiffs recording a corrected driveway easement that is on Plaintiffs' land. Exhibit ,f attached to this Order and Final Judgment accurately shows that corr«ted driveway easement. It is so ordered, 8. The parties stipulated and agreed to the Plaintiffs recording a landscaping easement and to a buffer zone with existing trees preserved under the panies' CR2 A agreement. Exhibit 5 attached to this Order and Final Judgment accurately shows that landscaping easement and buffer zone with existing trees preserved under the parties' CR2 A agreement, It is so ordered. 9. Effective upon the Court's entry of this Court Order, and the King County Assessor's receipt of this Court Order, quit claim deed(s) and excise tax affidavit(s), this transfer AGREEO ORDER, OECP.EE ANO FINAL JUDGMENT QUIETING TITLE, ADJUSTING PROPERTY BOUNOARIESBETWEEN THE PLAINTIFFS" PROPERTIES, 7 LAW OFFICES OF SARAH L. ATWOOD, PLLC 119 N.1:. S6'"' STREET SEATTLE, WI\SHINOTON 98101 21J6.ll4-03'TT ("'·> 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 11•2•30314·4, SEA and conveyance shall be treated as tax exempt pursuant to WAC 458-61-235, and the King County Assessor's office shall update the tax parcels. and adjust their maps. It is so ordered. 10. Effective upon the Court's entry of this Court Order, and the City of Renton's Department of Planning and Development's receipt of the quit claim decd(s) and this Court Order. City of Renton Department of Planning and Development shall generate a memo agreeing to the court-ordered lot line, sending this memo 10 City staff in order to update maps to reflect the new lot line, and send this memo lo the King County Assessor, so that the tax parcels also arc updated. IT IS SO ORDERED. DONE IN OPEN COURT this J'Ci7 <a'ay of April 2012. Stipulated to and Presented by and through: JJ.JOOi!I UR OMMlSSIONER Henry Judson Pro Tern LAW OFFICES OF SARAH L. ATWOOD, PLLC Sarah L. Atwood. WSBA No. 31199 Attorneys for Plaintiff Niemi Stipulated to and Agreed 10 Entry: LAW OFFICES OF SARAH L. ATWOOD, PLLC Sarah L. Atwood, WSBA No. 31199 Attorneys for Plaintiff Bjornstad AGREED ORDER. DECREE AND FINAL JUDGMENT QUIETING TITLE. AOJUSTINQ PROPERTY BOUNDARIES BETWEEN THE PLAINTIFFS' PROPERTIES· 8 LAW OFFICES 01' SARAH L ATWOOD, PLl.C 1 19 N.E. 561• SnEET SEATTLE, WASHl1'GTON 981 OS 206-S24.0)71 (t<I.) ' ,. ' .. 11-2-30314·4, SEA EXHIBIT A L lJ "' .. ' .. .... .., 0 .., • N .... .... w ,.,, (/). /,J, us !Z ::::> i 1'f z lu IJ.J : ~ > I., <( lc:- J: .., I-1"' -,.., -!2" 0 ::; ~ 0: z/ NW CORNER S 1/2 Of S 1/2 Of NW 1/4 OF SE 1/4 SEC. 29-23-5 8 Ns9·49·04 "w -i- i CONVEYANCE EXHIBIT T @ ,1s.15· !"6711"~4~W ,e.s:.r N87'J5'05"W 52.84' NORni UNE or S 1/2 OF S 1/2 Of NW 1/4 Of SE 1/4 SEC. 29-23-5 T 1-- inlg :,; ... w 0 :ll w • z N ~ ~ ·15 "'z I (§) POINT OF BEGINNING 132. 76' 100.Q,4." ;,, 1 l<l ;,; ,...: ;,;I:'? .. , ... o' "' w ·"' Z N ::; ~ ·lo w % N88"29'19"w 100.l1• N76'27'04"E H.63' N87'35'06"W 9.72' @ CONVEYANCE rnou 9022 10 9107 '· § N46'27'06"E 12.17' TAX PARCEL 292305-9022 TO 292305-9031 ANO CQNV[YANCE FROM 9022 TO 90.}I i TAX PARCEL 292.305-9022 TO 292305-9107 I NW 1/4, SE 1/4, SEC. 29. l\'IP, 23N., RNG. 5E .• W.t.l. 'ERJNG, INC. J'M~. 8Y DATE JOS NO. ~ CONCEPT ENGINF.-- :SM I 2/1 J/11 31051 ::.iiia c.5,) Roinie! BD1Jle...ord North -ISSCIQUOI\ ¥l°Oshi!19l(j~ 9BQ2? (e:KO. SY SCALE SHEET -Wt2-8055 FAX (42~) :,;12-0,08 I'' = 60' I OF l Cepy~I © ttl07 ~: l:1"1"t11wi"9-...c. ~ ~t .. ••-""'· EXHIBIT A . '·. "/J'"•~; -----------·- 11-2-30314-4, SEA EXHIBIT 2 .,,_.. "' "' "' ~ .,. H M 0 M N ' ... H . ··--······----. -· --. ·------- ·.·-· .. , ' ·-·-.-'""!"'--. ~ -.-.-~.-.. :-;:-~-::: EXHIBIT FOR BLA: LOTS A & B "'I ~I ::!1 "' "'I ~ w "' w .; -' JO' :;i .; " N. LINE S. 157 F'EET. N 1/2, SW 1/4. NW 1/4, SE 1/4, SEC. 29-23-5 285.10' ~ ~ ·.., "' ~ ... ~ ~ 148. 74' ";i lo~~ t: 8 ~ '-J,filJl.-1 ~ .._ I 5 \.J,£!Y :;;' / ..J !llC; ::l w~ 1g -1 ·1 ~LA ~-~~\oz !z ~CCL /" ~ ARCEL LOT A :... ~ ~~~ :l \o 9145 ~ ,n 9QJ1 0 lfi :;: N t-:I • a:i EAST LINE or WEST 41s· z '::t V) 12: . ,;J. 285.10' ~ BLA AREA=492 Sqfl L:OB ~ ,! 8 BLA AREA i; .z 3: z . "' •N ' -e,; ~~ w• "' :,- ..;Ill -S89'49'04"[ 385.14' L2 IOO , 1 -965 SqFI Z _ .:!1_•_ -148.70' -1 l.1 52.84' ·-IY\ t --_..,._ __ _ J0.01' N87'35' • LS "" "' ~ ARCEL '--SOUTH LINE & THE 06 W 9168 NORTH 1/2. SW 1/4 NW 1/4 4.1 ,wl.io <> !ll1"! "'"' .. a, ~1 32 ~S: ----.qJJ/.20\J "' SE 1/4, SEC. 29-23-5 [AST LINC Of WEST 230' _j ~ ----, ~ LINE TABLE UNE BEARING LENGTH L1 N67"11'54.W 18.52 L2 N01'42'5S"' 9.19 LJ N87'J5'06 "W 9.72 L4 q5"?7'04"W 14.63 LS S46'2T06"W 12.17 BOVIO & ASSOCIA 1rfES, INC. 828 INDEX CT NE, RENTON, WA 98056 425-204-0840 PARCEL 9022 S 1/2, S 1/2, NW 1/4, SE 1/4 SECTION 29 - AREA or OVERLAPPING DEEDS• 575 Sq. Ft. BLA LOT A: BLA AREA~ 492 Sq. Ft. BLA LOT Be BLA AREA-965 Sq. Fl. 0 100 ~-~ NW 1 /4. SE 1/4. SEC. 29-23-05 ·,:·. ',, .. , .. .,., ... •·· ';', ----·--· ' 11-2-30314-4, SE~ Legal Oescrtptton: BLA 2 -Lots A& B EXISTING LEGAL DESCRIPTION PARCEL 9031: THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M .. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; ANO EXCEPT THE EAST 245 FEET THEREOF; ANO EXCEPT ROAD. EXISTING LEGAL DESCRIPTION PARCEL 9107: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. BLA LOTS A & B (A COMMON LINE): LOTA: THE WEST 415 FEET OF THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M .. IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; AND EXCEPT ROAD. LOTB: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. BLA LOTS A & B (WITH THE COMMON LINE, TOGETHER WITH A PORTION OF PARCEL 9022) LOTA: THE WEST 415 FEET OF THE SOUTH 157 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 78.6 FEET OF THE WEST 315 FEET THEREOF; AND EXCEPT ROAD. TOGETHER WITH COMMENCING AT THE SW CORNER OF THESE Y, OF SAID SECTION 29, THENCE N01° 42' 56"E ALONG THE WEST LINE OF SAID SE-% A DISTANCE OF 1592.85' TO THE SOUTH LINE OF THE NORTH Y, OF THE SW Y. OF SAID NW% OF SAID SEY. OF SAID SECTION 29; THENCE S89' 49' 04"E ALONG SAID SOUTH LINE A DISTANCE OF 30.01' TO THE EAST . MARGIN OF 108TH AVE SE; THENCE CONTINUING S89" 49' 04"E A DISTANCE OF 385.14 FEET TO THE EAST LINE OF THE WEST 415 FEET ANO TRUE POINT OF BEGINNING; THENCE S01'42'56W A DISTANCE OF 9.19 FEET;; THENCE ., .-. 1 !': 11·2·30314·4, SEA N87' 35· 06'W A DISTANCE OF 52.84 FEET; THENCE N67°11"54"W A DISTANCE OF 18.52 FEET TO SAID SOUTH LINE; THENCE S89' 49" 04"E A DISTANCE OF 70.14 FEET TO THE TRUE POINT BEGINNING. LOT 8: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .. IN KING COUNTY, WASHINGTON. TOGETHER WITH COMMENCING AT THE SW CORNER OF THESE Y. OF SAID SECTION 29, THENCE N01' 42' 56"E ALONG THE WEST LINE OF SAID SEY. A DISTANCE OF 1592.85' TO THE SOUTH LINE OF THE NORTH Y, OF THE SW Y. OF SAID NW Y. OF SAID SE Y. OF SAID SECTION 29: THENCE S89' 49' 04"E ALONG SAID SOUTH LINE A DISTANCE OF 30.01' TO THE EAST MARGIN OF ,oa"' AVE SE: THENCE CONTINUING S89' 49' 04"E A DISTANCE OF 385.14 FEET TO THE EAST LINE OF THE WEST 415 FEET AND TRUE POINT OF BEGINNING; THENCE CONTINUING S89' 49' 04"E A DISTANCE OF 132.76 FEET; THENCE S46' 27' OG'W A DISTANCE OF 12.17 FEET: THENCE NBS' 29" .19'WA DISTANCE OF 100.31; THENCE S76' 27' 04'W A DISTANCE OF 14.63 FEET; THENCE N87' 35' OG'WA DISTANCE OF 9.72 FEET; THENCE N01°42'56"E A DISTANCE OF 9.19 FEET TO THE TRUE POINT BEGINNING. :~· ' . ~~· ·,~ ,,• ] .. ~:.:i 1 J ·1 ' . . , } J ;t ' • • 11-2·30314-4, SEA EXHIBIT 3 ·' ·, ,.· I I · ·~· . -· · · • · ·-'~:'!'-":"f~ ... ' ·· .");, .... ,, •• , .·•·•• · -r . · .: , ·.'1· . ·· , .. ·:, ··. ·:, ,.,,:-. i •·• •• , . .,._. · ._... •. ,-··~ •• .... ·:-·:··:-:~·rt~.!:. ::,e·':. ......... · ~··· v·. ·• ··:~-i::-: "''"l.~''"' .• ·::-•~: . ·;t.. ·.;.~:-T-~·:· ., , .. _.,. .. "' U) ... ' .. ,--< M 0 M ' "' ' ,--< ,--< EXHIBIT FOR BLA: LOTS B & C >- z !l! Oo ::,z ,..,, ... ... I ~I ,.-;., ~I .... c,; "' ... .:(_I '" "' ;., "' ... c,; 5 .... ,_ JO' t : ~/ . ., ~ ~I~ ... "' if 32 ~ ... 11Lllf!01l 30.01' N, LIN[ S. t57 FEET, N 1/2, SW 1/4, NW 1/4, SE 1/4, SEC. 29-23-5 S89'49'04"E ~ ARCEL ~ 385.14' "' .. c,; ... ARCE( 9031 BLA AREA=S137 Sqrt 32,71' 132. 7_6' 3g5 116.01' ~~~~', .:. ~t-~~ C! "'~ . ,.~ ... ~~~0~~~: ~o~:i:~N b !t~!t ";: ~CEL !" -~;:, .JO 14 .., J (DI/) .... ~ I-;.. l4 !:2~~ i S89'49'04"E _ 385.14' _!,)L7~ ~w /-115.97' -1 :-'C_ l -100.31 -· TPOB N87'35'06"W N88'29'19"W L5 .-,;P:;-AR;;:C;;;E:,-L SOUTH LINE Of TiiE L3 1--t-a.. 71' 9168 IIORlH 1/2, SW 1/4, NW 1/4, SE 1/4, SEC. 29-23-5 ~ ~ ... "' ...... -... ,. ), "' ... ... "' ~..; ... ~ ~ ,. wz ISAST LINE OF v.EST 230'__...j ~ ~ ~ S 1/2. S 1/2, NW 1/4, SE 1/4 SECTION 29 LINE TABLE LINE BEARING LENGlH L1 N67"ll'54"'W 18.52 LZ N01 '42'56"E 9.19 L3 N87'J5'06"W 9.72 L4 S76'27'04"W 14.63 LS S46'27'06"W 12.17 !BOVIO & ASSOCIA TIES, INC. 828 INDEX CT NE, RENTON, WA 98056 425-204-0840 BLA AREA= 5137 Sq. Ft. 0 100 ~~ NW 1/4, SE 1/4, SEC. 29-23-05 / ) 11-2-30314-4, SEA Legal Description: BLALots S&C EXISTING LEGAL DESCRIPTION PARCEL 9107: THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .. IN KING COUNTY, WASHINGTON. EXISTING LEGAL DESCRIPTION PARCEL 9145: THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 515 FEET THEREOF. LOTB THE EAST 100 FEET OF THE WEST 515 FEET OF THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION LYING BETWEEN THE EAST LINE OF THE WEST 547.71 FEET ANO EAST LINE OF THE WEST 515 FEET, OF SAID SOUTH 157 FEET OF SAID SECTION 29. LOTC: THE SOUTH 157 FEET OF THE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 547. 71 FEET THEREOF. ·f .. .,, ',I ,l ·l ' ; . ~ ·; \ 1 ., J ' " . -~ ·: ' [ '• ' .,. '. ·; !; ' I • EXHIBIT 4 11·2·30314·4, SEA. .. , ;, 1:i OJ "' • "' .... '" 0 '" • N .... rl -·· "'·- EXHIBIT: 20' DRIVEWAY EASEMENT: ... u, I "' tis l::J !!c "' z' :,: w z ::, ; w JO' w 0'in <> ~,~ "' "' ..c= ~, :il ~1 J2 ·~ "' PARCEL 9~2 20· DRIVEWAY EASEMENT l14 / Ll~ ~lQ&~"\~~~~~:,.t!a LJi PARCEL c~"; "' • .... "' ~ ~ w 3 .... ~ w PARCEL 9107 9031 ~ I ---NORTH 1/ 2 , , J SOUTH LINE ~ V~. SEC. 29-23-5 30.01 PARCEL ~ 1/4 NW 1/4 9168 _....-1 LINE L13 LH L15 Ll6 L17 L18 L19 L20 l.21 L22 E"ST LINE 0,: I WEST 230 LINE TABLE BEARING S01'4?'56"W NB4'46°48"W N89'49'04•w N72'48'48"W N6010·2s·w Nl5T11'c.4•w NA7"J5'"'"0 W ----'04 .. W ·· ~sa·29·19·w S46'27'06"W ~ ~ LENGTH 20.04 91.11 109.07 62.33 47.61 36.40 56.15 14.47 94.66 24.06 PARCEL 9022 LINE L2J l24 L25 L26 L27 L28 L29 LJO L31 LJ2 BOVIO & A.SSOCIA TIES, INC. LINE TABLE SEARING N01 '4''56"E H46'27'05"E S88'>9'19"E N76'27'04"E S87'35'06"< C::67'11'54'"" ull!.n"ln'~1:·w N..,..,, .. .t11• .. a•w S89'~9'04 .. " SB4'46' 48"< ,.. z" oi'!i "'" "'::, w 8i~ PARCEL 9145 t£NCTH 28.42 12.17 100.31 14.63 62.55 41.2J 46.63 57.12 106.96 90.76 0 100 ~.._.., 828 INDEX CT NE, RENTON, WA 98056 425-204-0840 NW 1/4, SE 1/4, SEC. 29-23-05 11-2-30314-4, SE/\ · .1' '{ Legal Description: 20' WKle Driveway Easement THAT PORTION NW Y. OF THE SE Y. OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. WM .• DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THESE Y. OF SECTION 29, TOWNSHIP 23 NORTH, RANGES EAST, WM .. THENCE N01' 42' 56"E ALONG THE WEST UNE OF SAID SEY, A DISTANCE OF 1592.85' TO THE SOUTH LINE OF THE NORTH Y, OF THE SW Y. OF SAID NW Y. OF $AID SEY. OF SAID SECTION29; THENCE S89' 49' 04"E ALONG SAID SOUTH LINE A DISTANCE OF 30.01'10 THE EAST MARGIN OF 108'" AVE SE; THENCE N01' 42' 56"E ALONG SAID MARGIN A DISTANCE OF 76.53'TO THE TRUE POINT OF BEGINNING; THENCE S84' 46' 48"E A DISTANCE OF 91.11'; THENCE S89' 49' 04"E A DISTANCE OF 109.07': THENCE 572• 46' 48"E A DISTANCE OF 62.33'; THENCE S60" 10· 26'"E A DISTANCE OF 47.61'; THENCE 557• 11" 54"E A DISTANCE A DISTANCE OF 36.40'; THENCE S87' 35' 06"E A DISTANCE OF 56.15'; THENCE N76' 27' 04"E A DISTANCE OF 14.47': THENCE S88' 29' 19"E A DISTANCE OF 94.66'; THENCE N46' 27' 06"E A DISTANCE OF 24.06'; THENCE so,· 42' 56"W A DISTANCE OF 28.42': THENCE S46' 27' os·w A DISTANCE OF 12.17': THENCE NBS' 29' 19'W A DISTANCE OF 100.31'; THENCE S76' 27' 04'W A DISTANCE OF 14.63'; THENCE N87· 35' os·w A DISTANCE OF 62.55'; THENCE N67" 11' 54"W A DISTANCE OF 41 .23' ; THENCE N60' 1 O' 26'W A DISTANCE OF 46.63'; THENCE N72• 48' 48"W A DISTANCE OF 57.12': THENCE N89' 49' 04"W A DISTANCE OF 106.96; THENCE N84• 46' 48''W A DISTANCE OF 90.76' TO SAID EAST MARGIN : THENCE No1• 42' 56"E ~ DISTANCE OF 20.04' TO THE TRUE POINT OF BEGINNING. .. , ., ·,. :> ., '.'. ? ,,. ... ' ., EXHIBIT 5 • .. i. 11-2-30314-4, SEA EXCLUSIVE LANDSCAPE EASEMENT AGREEMENT This EXCLUSIVE LANDSCAPE EASEMENT AGREEMENT (this "Agreement") is made effective this_ day of January, 2012 by and between RAY W. WITO AS TRUSTEE OF THE MARJORIE L. LOITO LIVING TRUST; AND THE HEIRS AND DEVISEES FOR THE ESTATE OF VIOLA T. O'NEIL ("Grantors") and RICHARD R. JIIIEMI, SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND TIIE DARLENE R. BJORNSTAD TRUST ("Grantees"). RECITALS WHEREAS, Gnntors are the recoid owners of that certain real property described as King County Tax Parcel No. 292305-9022 ("Grantor's Property'~; and WHEREAS, Grantees are, respectively as to Niemi and Bjornstad, the record owners of that certain real property described as 292305-903 I, 292305-9107 and 292305-9145 ("Grwilee' s Property"); and WHEREAS, a portioo ofGraotees' yanl and related landscaping, are located on a portion ofGrantors' Property (the "Easement Area"); and WHEREAS, lhe parties wish to avoid uncertainty and prevent conflict with respect to the rights to use the Easement Area and confinn the Grantees' and their successors-in-interests' rights to use the Easement Arca in perpetuity; NOW, therefore, ill consideration of !he foregoing, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the parties, Grantors and Grantees hereby declare, for themselves and their successors and assigns as owners of Granlors' Property and Grantees' Property, respectively, the easements, covenants, conditions, privileges and terms granted and otherwise provided for below: AGREEMENT I. Grantors grant to Grantees an e11clusive, perpetual easement to use for ~sidential purposes, including landscaping, gardening, fencing and relaled uses consistent with an extension of Grantors' yard over, along, in, on, upon and under that portion of Grantors' Property legally described as follows: TiiA T PORTION OF TiiE SOUlH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF Tiffi SOUTIIEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WlLLAMETfE MERIDIAN, IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT TIIE NORlHWEST CORNER OF SAID SUBDNISION; ·2. ;·t . • .. , ' -·~ ·:' ., .~· -, .·) _,, l ·-~ ' ' '. ll-2•l03l4·4; SEA : . THENCE SOUTH 89°49'04" EAST ALONG THE NORTH LINE THEREOF 308.0l FEET TO THE POINI' OF BEGINNING; . THENCE CONTINUING ALONG SAID NORTH LINE SOtITH 89°49'04" EAST 37.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 67°11 '54'' EAST l 8.52 FEET; TIIENCE SOUTH 87"35'06" EAST 62.57 FEET; TIIENCE NORTH 76'27'04" EAST 14.63 FEET; THENCE SOUTH 88°29'19" EAST 100.31 FEET; THENCE NORTH 46°27'06" EAST 12.17 FEET TO A POINT ON TIIE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH0\'42'56" WEST 15.01 FEETTOTIIB SOurH LINEOF Tiffi NORTH 15 FEET OF SAID SUBDIVISION; THENCE NORTH 88°49'04" WEST ALONG SAID SOUTH LINE 239.50 FEET TO A POINT THAT BEARS SOUTH 00' 10'56" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 00°\0'56"EAST 15.00FEETTOTI!E POINT OF BEGINNING; SITUATE IN THE CITY OFRENTON,COUNTYOF KING AND STATE OF WASHINGTON. Toe foregoing Easement Area is depicted on Exhibit A artacbed hereto. 2. The parties hereto further agree that Grantees shall exclusively be responsible for the maintenance of the Easement Area. . 3. This Agreement is intended to nm with the land, perpetually burdening 11t1d benefiting Grantors' Property and Grantees' Property and binding not only Grantors and Grantees, but also their sueecssors and assigns in title to the properties. IN WITNESS.WHEREOF, tltls Agreement is executed as of the dale first shown above. GRANTEES: FOR NIEMI PARTIES By: FOR BJORNSTAND PARTIES O'NEIL. By: .3. " ,, ·.:; . ; . ' I : ,;1 .;':. .. ,. ,. ,•. ·:::- ' . ll-2-30311-1, SER ·:·., ; j . ·; I :_ '. STATEOF [Al/ft>.(Nll): I COUNTY OF ~jJ .,, I comfy tha1 l know or bll"• ,atisli«ory evideoce 1ha1 RA Y W, 1,/J·[fJJ is th• person. who appeared before me. and that said pcrSQn ac'lalowledgcd that said person sigaed this instrument and a.clmowledgcd it to be the free end voluntary ai;, of said person for tbe usu ancl pwposcs mentioned in the. instn&ment. (Lct,ibly Print w Stamp Namt ofNowy) Notary ~lie in and for tile state of W~141J:1b, residing a1 • My appo111tm~ cxptres --'~Z.-·~2-i~,__.,~,,_ _____ _ STATEOF ~'+,1 I COUNTY OF '{~ \YJI, ss. I cenifythatllcnoworhavesa1isfactoryevidcncothat /J.µl/1411 J ~'/.k1 / lstllepersou who appcami before me, and that said person 1ttknowledged thal said person signed 1h\\ insb"wnent and ocknowlodged it to be 1he free and volunwy act of said persoc for the uses am! purposes mentioned in Ibo instrument Notary P\lllllc Sto1e or washlng1on .• JIM D URN6SS MyAppc>ntmen1fxp1J..,.Dec 21, 2()1j. STATE OF WASHINGTON COUNTY OF KING 2012;,vtL (Lc:gil,ly Print Of Slamp Name afNot&I)'} ,. Notary public in and for the state or Washln&ion.. residing a.t_ My appointmenl c,p;,., _~/~;)----';J.~(-·~1.~o~/1= 3 ____ _ I certify that I know or have satisfactory evidence that is tho pmon wl>o appeared befote me, and tba1 said pcm,o acknowledged that :raid penon ,igcod thi< inslNment and aclcnowledged ii to be Ibo free and volunlllr)' oct of said person for lhe u,cs and purposes mentioned in the instrum~l . Da1ed111is __ c1ayor _______ ~l0ll. (Sip~ ofNmary} (Lepl>ly Print c, Slamp N..,.o(NOIUy) ' Notary public in and for the slllto ofWuhington, tesidmg at. My •~illtmenl: expires __________ _ ·4- ·, ., ·'I! ·~ ~·~11, •• ,r: STATE OF WASHINOTON COUNTY OF l(JNO 11·2·30314·4, SEA I. r • I certify that I know or havo slllisfaolory evidence lhat is lhe penon wbo appea,cd before me, and 1h11 said person aclalowlcdged 1hot said person sig11ed this innrumeot and 1cknowlodgcd it to bt tho :fit:e and voluntary act of said person (or the uses and purposd mention~ iD lhe iastnmu:nL Dated this __ day or _______ ..., 2012. {LtgiblyPrin1 o, Scamp Ntmt.ofNOUJT) Notary public in and for 1hc ,st.ate of Washington, ,es;ding at. My appointment expires----------- .5. ·'- . ;._· ·,;~ ,. -·· ., . • r:, ,. •'.: I .. ,;; ,, ' , .. ':· :i _;. .. -,: "' "' "' ... ... . ~ M 0 M ' N ' ~ M ---------------------------- ,1•. ·.• .. -.;,::;~";¥,-' .. ~,.11. •. ....... , ... "!':. ....... ~~:-... ·~·-.• ~~ .. ~·~·~-:~~-·~·-'·· .... -.:~tor ~--· ~.¥· :~, .. ·1. :· .~~t -~..,;.,:..,·,-,.'"'""ii'···,:.~~-·~ . !-• ' • . C'?:!.., "' ' I ----T --1--1-- w "' I I I r "' .. N w I r ~r~ ~18 ::, ~ ~ " ~ " 2 u I . "' . ,n Hr--;r: -;r: - LJJ w w (§) .. .., <§) "' I!; > --:,, 0 :,, <( ~ w ·"' l£ ~ 2: N ~t :=i ~ ~ '1" e POINT~ wl~ ~,~ II) ,., BEGINNING I I 0 :, \_~46,7'06°[ .... i< r 1s· I 2.17" -A N89"49"04°W 308.01' --... 31.00·-,-70.14' --.-132.76' --,--- ':> ,n r////,£1/ r ~., .... ~~ ~ V ,// ........ ~ NW CO!lNER ._ S 1/2 Of" S 1/2 OF N'89'49'04-W 239.50" j \_ N88'29'19·w IIW 1/4 Of SE 1/4 I LANDSCAPE __, 100.Jr :.0 SEC. 29-2.3-5 "' I EASE;MENT AREA ~ NORTH L1NE OF ~ @ I ,._ S 1/2 OF S 1/2 Of <§) UN£ BEARING UENGTH ~, NW 1/4 OF SE 1/4 L1 N67"1 t'54"W T8.!)2' sec. 29-23-5 L2 N87'35'06 "W 82.~7' lJ N76'27'04°E 14.63' l4 ND1·42·55•E l5.m• l5 NOD10 56"( 15.DO' LANDSCAPE EASEMENT AREA EXHIBIT NW 1/4. SE 1/4, sec. 29. TWP. 2JN .• RNC. SE .. W.M, DWN. BY DATE JOB NO. ~ ""'"" -·-'· = DBM 1 /3/12 31051 :;..a 45~ ,Winier 8oulno1d Nor\h EXHIBIT A -1ssaq,;aon, WtHll'llllgton. 96027 CHKD. BY SCALE SHE£T -(425) J9Z-80~ r,x (425) 392-0,oa ,·· • 60" 1 OF 1 Cap~I ti"I 2007 C..C,pt .-............., lac. Al llgl,U t.......-4 • " Ol "' ., ., .... ..., 0 ..., "' . .... ... -------------- .-'t· ... j ~ . ~-.. , ">. -~ ' . 1: "'· , .. ,i l' ,•;.. .. .iJ• · ::···:,·:-,:.:·.-~~~;.-::,~ ~-t:: ·1t· -~ EXHIBIT FOR: TREES LOCATED IN LANDSCAPE EASEMENT & 20' BUFFER A PARCEL 9031 .... z w " Ill < .., .., ;;:; "-< u II> 0 :ii ~ ::J I 8 . X 'l' z ! i i > ~ ~ II[ Lal·-· w 15i'l BLA "' o,@i 1-. '• N 1-t ~ z ... :> ~ < ® w ® u z B ~- C --· . PARCEL u PARCEL "' 9107 C 9145 z 5 . ., ... I .. hh" " 'l... ~·'% -·-'f20· I . • • -----------,~ii, :iii;' \ +~---,._ -2o·euFFt:R-. ·rb~~~::.~;,• ~ 0 -J."9;. '-''·\\ l' ' ----.. "'"!,; 11 f t, ; ' ~-., ,:', . , .. ""' 4 ... _ -----; l' l'.-.. ~ ,fr~ i' ~ :~-'!l,~fi: ; ·----. .) ,.~ I .!_ .. _¢ ~.. ~ _j ,,ff,, ~ 61 ff f,_J l ~ 'It 1, fl"',ft~. {if.i~·~ \ .... ±_,,.,i ,,, .,: ~ ,lfjp;.. N'j'."7.;, ,<:-" Ii'.,. S • • -~ >·"'$,·-!>r;, ~ 0 '°·-·· _'.-."/ I .... ~ "'.: ~ ... ,$ ll·::i:c--... ,,.,, .; .... "' '!t,? ,,!! P.. fi: -:,J,:f'@A I ~~."' PARCEL !i f j I t ff LOT D ~ .., 9022 ?. S ~ ft" z,, a> , a•-~ ~ ~ --.. 1~"' ·; " -· ' t,! :· j -• ,( ~:~~f 1, 1 ... -..... ,0 • ~P. ,~ , _,1 •-!!~c i ~ .~ : ·d e ;.5-~ "'!'I ..... ~ :,_· --~";;: ~ I ·,.1.ilin. ~ I ~S:.-----,,-/13, 3 IBOVID & ASSOCIA 1l'ES, INC. B28 INDEX CT NE, RENTON, WA 98056 425-204-0840 ~ c j.~ I om , 40 NW ,){ fq1/~. srC. 29·i2·3-05 , . ,· I l 1 .. Branch :FAW,User :PAIZ KING,WA Document: DED QCL 2012.0529.000485 Comment: RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO, Sarah L. Atwood, Esq. 119NE 56th St Seattle, WA 98!05-3737 1:2545650 !i(.!912HZ 11 :23 SA 'IL.EAX COtMTY. loUI-SU.Ml $9.ee WASHINGTON STAT£ RECORDER'S Covtr' Sbed (RCW 65.04) DOCUMENT TITLE(S) (or tn.nsaciions conta.ined 1h~rei11): QUl'fCLAlM DEED REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASli:D: NIA GRANTOR(S) {Las! name first, I hen first name 800 initials) RAY W. LOITO AS TRUSTEE OF THE MARJORIE L. LOTTO LIVING TRUST; ANO THE HEIRS ANO OEV!SEES FOR THE ESTATE OF VIOLA T. O'NEIL GRANTEE(S) (Last name firnl, then first name and initial5) RICHARD R. N!EMI, SYDNEY J. NIEMI, DARLENE R. BJDRNST AO, ANO THE DARLENE R. BJORNSTAD TRUST LEGAL DESCRIPTION (Orantor Property) LECAL DESCRIPTION (Grantee Propcr1)'} ASSESSOR'S TAX PARCEL I.D. NUMBER (Grantor Property} 2'9230S-90l2 ASSESSOR'S TAX PARCEL I.D. NUMBER (Gran.ttt Propeny) 292)05,9031 and. 292305-9107 and 292305·9145 Station Id :S !LO r Pagel of5 Printed on I In/2012 8:31 :22 AM Branch :FAW,User :PA12 KING,WA Document: DED QCL 2012.0529.000485 Comment: WHEN RECORDED RETURN TO: Sarah L. Atwood, Esq. I !9NE 56th St Seattle, WA 98 I 05-3 737 Grontors: Abbreviated Legal Description: Assessor's Tax Parcel ID fls: Reference II (if applicable): QUITCLAIM DEED RAY W. LOTTO AS TRUSTEE OF THE MARJORIE L. LOTTO LIVING TRUST; AND THE llE!RS AND DEV!SEES FOR THE ESTATE OF VIOLA T. O'NEtL RICHARD R. NIEMI. SYDNEY J. NIEMI, DARLENE R. BJORNSTAD, AND THE DARLENE R. BJORNSTAD TRUST S t/2 OF S 112 OFNW 1/4 OF SE 1/4 LESS N 100 FT OF W 230 FT LESS PORTION FOR COUNTY ROAD 292305--9022 292305-90.31 and 29:230~·9107 and 292J.05-91<!15 THE GRANiORS. RAY W. LOTTO AS TRUSTEE OF THE MARJORIE L. LOTTO LIVING TRUST: AND THE HEIRS AND DEVISEES FOR THE ESTATE OF VIOLA T. O'NEIL, for no consideralion but to resolve a boundary di$f>utc, convey and quit-claim lo RICHARD R. NIEMI, SYDNEY J, NIEMl, DARLENE R. BJORNSTAD, AND THE DARLENE R. BJORNSTAD TRUST all oflt11::lr interest, ifa.ny, in and 1othe mil ~late described on EXHIBIT "A'' hereto, situated in the County of King. State of Washington, logethcr with all after acquired 1itle of the grantor U'lercin, as and to the extenl it abuts the Gran~s'...fi51j_oining property . .7 If'///!<--<--I '- DA TED February , 2012 . -~ -GRA!)JTOR;) R JIJOlllln.1 Station Id :SI LO Page2 of5 Printed on I Jn/2012 8:31 :22 AM Branch :FAW,Uscr :Pi\12 KING,WA Document: OED QCL 2012.0529.000485 Comment: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of <; l1Nl.. '&M'Ctliu pmonally appeami Jlc,"J W l off., . who proved to me on the basis of satisfactory cvufon~~ ~ the pcrson(s) whose namc~~re subs,;:ribed to the within 1ru;tn:iment an~owledged to me th~they exccl.lttd th~ same ir.~/tt.eir authorized capacity(ics), Md that b i er/thcirsignalure{s) on lhc instrument the person{s), or lhe entity upon bchalrof which the pel'$0n(s) ae~ , C)(~uled the instrument. I cenify under PENALTY OF PERJURY under the laws of the State ofCalifomi111hat the foregoing paragraph is true and tom:ct. ial seal. (f'Jo1&111Sr ADDITIONAL OPTIONAL INFORMATION Dl;SCRIPTION OF THE ATTACHED DOCUMENT l},,.·1 dJJJ,,t. .leerl . Nwnber of Pqe;s _L Documcn1 Otte~. (/1,dditilmal informa1iu, CAPACITY CLAIMED BY THE SICNER D lndiv!dlllll {s) D Corpormc Officer """' 0 Partner(s) 0 Attorney-In-Fact 0 Tru&lft(i) 0 °"'~----------- INSTRUCTIONS FOR COMPLETING THIS FORM ,1,ry """"""*dpmf n,,,,,...d;,, Od(/omi,, ,,, __ ,, ,..rbiap ~ .» oppmrr ttt>OM ,,. tilt _,,. r,trlon at If..,,.,._ ~ fo,1111•111Jr ~ ,,,_ny ~ "1111 rJftOffitd lO mtlJ ,,_..,_ 1Jtf Ollly t=pll"" /1 If 11 Jo~ JJ » N ftttltflli11Wt/;/1 o/Qlfifo,n{i,, I~ n,;A /-. .,.,,,,,.,_,., aclm,wfrd«-lfl ..,,,,. ru ""'Y M prln1td .., nr1, " __,,, ,,;, l""f "" 1M .......... t/,J,, ttql ""'P'H t.lw """'7 /r, Jr, -tlrJRt /Ja " l/lqal far lJ _..,. 1ft C,djfomi,, (l.o. n~ dw /IWIMl.-nl ~ <tf ,,., .t!plr). F'tlMI :llttl rlN drinmmit ~-», /" Fl'fW -/al "rll'dlJtt tJl'ldm/Offl !Nsfo,,>t, i/~ml. • Slllle"IMC""a!J' ift!"Dfflllli1t11 .....nbethe su,c,o ..,d Co....!)' ~tl,e~ t!IMn"I) pc!INM.11)' 1ppnt'Cd~ Ille r,q1a,y fK1bllC forackauwl..11"""". • Dlllllormmia.1i<>n "'""' be llledlle lhll lhe 1lpc,,11) pcnvnall)' 1111"111"1d w!,;ct, mun llm be 1M ume elm lht 1ml0\llled&mffll it wmplc=l. • ~ ~ p.,b1it ll'Nfl prinl hil or her nal!ll' u n IJIJll!UI v,,thin hi1 or hf, corrmis:lion follllwed b)'i(l)ffffll.1rd1hen)1)Uf 1i1k(na11ryp,.rblir;;) . • l'rin1 e.c nam,,{•) cf documm1 lipe,{1) wloa l"flOnatly fClpear ll dia ti,,ii, of ~ion. • tndl<ar Ille cort«1 ,i,.,,,,11t u, ph,.,111 r.,,., bJ, cn>:1sir,a: oft" lnanr«i rorms jl.1 ~il'-)Gfchctl111,llccmTffl.l'mm.,..}'ailur.:,;,~ly,r,,df::al<td,d ~'lffflNII0111111y Ind'° 111.ieccion of~t......,nli111 • TIie nola1)' -1 iffllftlllon rMSI be dtar 1111d phu1u1lll!llii~11y rrpl'W!l~1¢, lmprasic,n fllllrl !IOI~= tel11 or line1. If ,al imprcn10. Jrrudsot, ro-2111 If• suff"iciml-Pl""'ils. o!hc!',,i .. um~lt1e1di!Ter'fflt l!!Cklto"'1edlffll"1 rorm. • Si1Nt,n oflhc nomyp,blii: 111\dl ma\dl the 1il""Ull'l'on fil~ ..,;ii, 1M e!T"IOI" ar lhe--,i,dffl ,c, Addil.ionll iltCormllion l!I nOI required 111!1 <Wld litlp to e"ll"I: ihi, Kl'na.,.tfdJIMIX ii no1 m!suKd or ~ 1e1 1 dirr"""" d,;,c- 9 l~Q~ 1id, o, '>'" of •ftal:hc,d docwMM, number of JIISl!S I.rid da1~ ,a, ll'ldi::111: 1hc c:i,paeil)' ~laimcd hy 1111: •li:r,er. 1r lhc cl,imcd ~ 11, ~ orr,ca. indimet'le c~le (i.e. cl:O. CFO. S~to,y) • Securdy ~ dril dow,:,cnl IO the 1ip,cd dccummt Station Id :S 1 LO Page 3 of5 Printed on I I 1712012 8:3 I :23 AM Branch :FAW,User :PA12 KING,WA Document: OED QCL 2012.0529.000485 Corrunent: I certify tha1 I know (Ir hall!I' sllliJfll(l(II')' evides,ce 'lhld:\)y\\~ I.(?: Do t)'!b:'p1...( is!Mpasonwhoappeamlbef<1reme,11ndth1t1,1id person acknowledged that ~id person !!.igned 1his instrument and 11cknowltdgecl i110 be the r~e 11nd Yoluntary a,;:I of said penon fnrthe IH.l!J ind pulP(l$e, merilioned in the ins&:rumen1_ Da1cd lhis S~ay of rno...rc:J....... . ··--....:: ~~.a...~~~~..,.:;:::- STATE.OF _____ _ COUNTY OF ____ _ I certify that I know OT havt" ~isfack:Jry evidence tl1111 is the person who appeattd bcfbrc rm, and that Ja!d ptrton acknowledged ti.at nid person sig~ this instn.1111cn1 and acl:nnw1edged ic to he 1M free and vol1.1mary act of said pe~on fbr 1hc uses and purposes mentioned in Ulc instrument. lll<lOl>llt Da1edlliis __ d!lyof ________ .2012. {L~bly PrintatSlalllflNlm<orNaWy) Notary public In nnd for 1hc Slate ofWashh,gtcm. midins u,......,..~,------------ My appointment c11:pires ----------- Station Id :S 1 LO Page4 of5 Printed on l ln/2012 8:31:23 AM Branch :FAW,User :PA12 KING,WA Document: DED QCL 20 I 2.0529.000485 Comment: EYbibit A Legal Description of Property Conveyed THAT PORTlON OF THE SO\ITH HALF OF THE soum HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGES EAST, WlLLAMETTE MERlDJAN, IN KING COUNTY WASHrNGTON, DESCRIBED A.S POLLOWS; COMMENCtNG AT THE NORTHWEST CORNER OF SAlD SUBDIVISION; THENCE S 89°49'04" EALONG THE NORTH LINE THEREOF 41S.IS FEET MORE OR LESS TO THE EAST LINE OF THE WEST 4];5 FEET OF SAID SUBDIVISION AND nm POIS'f OF BEGINN[NG; TI-fENCE CONTlNUINCT ALONG SAID NORTH LINES 89°49'04" E 132.76 FEET; THENCE LEAVING SAID NORTH LINE S 46"27'06" W 12.17 FEET: THENCE N 88°29'19" W 100.31 FEET; THENCE S 76°27'04" W 14.63 FEET; THENCE N 87°35'06" W 9. 72 FEET TO A POINT WHICH BEARS S 01"42'26" W FROM nm POJNT OF BEGINNING; THENCE N 87D35'06" W 52.84 FEET; THENC~ N 67°11 '54" W 18.52 FEF.T MORE OR LESS TO THE NORTH LINE OF SAID SUBDIVISION; THENCE S 89°49'04" E ALONG SAID NORTII LINE 70.14 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON. COUNTY OF KING ANO ST A 1E OF WASHINGTON. Station Id :S !LO Page 5 of5 Printed on 11/7/2012 8:3 l :23 AM , When recorded return to: Hoda Mezistrano Hoda Mezistrano Law PLLC 7603 SE 37"' Place Mercer Island, WA 98040 STAUTORY WARRANTY DEED THE GRANTOR, PNW HOLDINGS, LLC, for and in consideration of$0.00 in hand paid, conveys and warrants to FIELDBROOK COMMONS, LLC the following described real estate, situated in the County of King, State of Washington, together with all after acquired title of the grantor(s) herein: THE NORTH QUARTER OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29 , TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. Tax Parcel No.: 292305-9023-09 Dated: April 16, 2013 PNW HOLDINGS, LLC .,.~ Its: Member and Manager E2611349 06/\4/2013 l&:43 KING coUNTV, UA $\0.00 TRX 50 .00 SRLE PRGE-001 OF 0•1 Description: King,WA Document -Year.Month.Day.DocID 2013.614.627 Page: 1 of 2 Order: s Comment: I , STATE OF WASHINGTON ) )§ COUNTY OF KING ) On this I 6th day of April, 2013, personally appeared before me Michael Gladstein, to me known to be the individual described in and who executed the foregoing instrument, as Manager of PNW HOLDINGS, LLC, and on oath acknowledged that she had the authority to and did sign and seal the same as the free and voluntary deed of said limited liability company for the uses and purposes therein mentioned. Given under my hand and official seal hereto affixed the day and year first above written. --~-- Notary l'Nbllc dt of Washln,ion HOOA M. MEZISTRANO I MY COMMISSION EXPIRES , ... 11'4U<i! 09, 2014 Description: King,WA Document -Year.Month.Day.DocID 2013.614.627 Page: 2 of 2 Order: s Comment: • Branch :FAW,User :PAl2 Order: I 989803 Title Officer: LB Comment: ' .. AFTER RECORDING MAIL TO: PNW ~o/d/ngs LLC 9725 Southeast 36th Street, Suite 214 Mercer Islnad, WA 98040 Flied fr;ir Record at Request of: First American 11tle Insurance company National Commercial se,via,s ~I Ii~ 11 I~~ illl llliU~ II 20111117000671 FIRST RFQi:RICAN UD 63.H PAGE-001 OF 002 11/17/2111 11:16 KING COl.lfTY, UA E2518796 11/17/2011 11;1S ICING COUNTY, UA mx fl, 743.ee SALE sz e , 01118 • 00 P~-H1 OF 801 STATUTORY WARRANTY DEED FIie No: 1u:s-soo320-WA1 (vie) Date: November 14, 2011 Grantor(s): TL Investment Group, LLC Grantee(s): PNW Holdings LLC Abbreviated Legal: ptn Sec 29, Twp 23N, Rge OsE, SE Qtr, SW Qtr. Additional Legal on page: Assessor's Tax Parcel No(s): 292305-9023·09 THE GRANTOR(S) TL Investment Group, LLC, a Washington llmlted llablllty company for and In consideration of Ten Dollars and other Good and Valuable Consideration, In hand paid, conveys, and warrants to PNW Holdings LLC, a Washington llmlted llablllty company, the following described real estate, situated in the County of King, State of Washington. LEGA~ DESCRIPTION: Real property In the County of King, State of Washington, described as follows: THE NORTH QUARTER OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M,, IN KING COUNTY, WASHINGTON, Subject To: This conveyance Is subject to covenants, conditions, restrictions and easements, If any, affecting uue, which may appear In the public record, induding those shown on any recorded plat or survey. Pa,;ielofl LPB 10-05 Station Id :S JLO KING,WA Page I of2 Printed on 11/9/2012 8:34:45 AM Document: DED WAR 2011. I I 17 .000671 Branch :FAW,User :PAl2 Order: 1989803 Title Officer: LB Comment: ' ... . . APN:292305•SD23-o9 TL Investment Group, LLC, a Washington limited liability company By: Khan Thi Huynh, Manager STATE OF Washington COUN1Y OF King )·SS ) Fie No.: NCS-$00320-WAI (Yk) I certify that I know°' have satisfactory evidence that Khan Thi Huynh, ls/are the person(s) who appeared bef«e me, and said person(s) acknowledged that he/she/they signed this lnstrumen~ on oath stated that he/she/they ls/are authorized to execute the Instrument and acknowledged it as the Manager of TL Investment Group, LLC to be the fr and voluntary act of such party(tes) for the uses and purposes mentioned In this instrumen r Dated: J./{]1/&c,/,µ,) / 5,""Jd / ) LP8 10--05 Station Id :SILO KING,WA Page 2 of2 Printed on l l/9120)2 8:34:45 AM Document: OED WAR 20) l.l 117.000671 \ Branch :FAW,User :PA 12 Order: 1989803 Title Officer: LB Comment: !li~llf llll~llll l~ll!~IIII I~ 20120417001486 AFTER RECORDING MAIL TO: Reldbrook commons, LLC 9675 SE 36th Street, # 105 Mercer Island, WA 98040 Fll,ecS for Recoro et Request of: FPIAST AnERICAN UO 63 ee RG£-98J OF eez · 04/17/2012 15:32 KING coUNrv' UA E2538944 14/17/2912 15:32 ICING COUNTY, I.IA TAX $10.80 SALE $I.BB Fl1"5t Amertcan Title Insurance Company National Commerdal Setvices PRGE .. Nl OJ' 001 STATUTORY WARRANTY DEED Ale No: NCS-500241•WA1 (vie) Date: April 12, 2012 Grantcr(s): City of Renton Grantee(s): Fletdbrook Commons, LLC Abbreviated Legal: ptr, NWV. of SE'4 Sec 29, T23N, RSE Additional Legal on page: AssessO~s Tax Parcel NQ(s): 292305·9168-02 • THE GRANTOR(S) City or Renton for and In consldera~on of Ten Dollars and otller Good and Valuable Consideration, In hand paid, amveys, and warrants to Fieldb.-Commons, LLC, a Washington llmllll!d liability company, the following desa1bed real estate, situated In the County of King, state of Washington. LEGAL DESCRIPTION: Real property in the county of King, state of Washington, described as follows: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF TIIE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN ICING COUNTY, WASHINGTON.· EXCEPT THE WEST 30 fEET FOR HIGHWAY. subject To: This conveyance Is subject tc rovenants, conditions, restrfctlons and easements, If any, affecting title, which may appear In the public r,,cord, lndudlng those shown on any recorded plat or survey. Pagel of:2 LP8 l(),()5 Station Id :SI LO • L KING,WA Page 1 of2 Printed on I 1/7/2012 8:20:25 AM Document: DED WAR 2012.0417.001486 .~ .... i KING.WA Document: DED WAR 2012.0417.001486 APN: l92l05-H68-02 City of Renton By: Denis Law Mayor STATE Of Washington COUNlY OF King ) )-ss ) flh! Na.: NCS-.SOD241-WA1 (vtc:) I certlfy that J know or have sa~sfactory evidence that Denis Law is/are the person(s) who appeared before me, and said person(s) acl<nowledged that he/she/they signed this lnstrumen~ on oath stated that he/she/lhev IS/are authorized to execute the Instrument and acl<nowledged It as the Mayor of City of Renton to be the free and voluntary act of such party(les} for the uses and purposes men~oned In this Instrument. Dated: 4/1~/t.v &z.+.11' J /0?/r,,.,..._ r &~ c'(<f.A,.. ·Notary Public! and for the State of Washington Residing at: ~ My appointment expires: ~ -'1-H)I f ?age 2 of 2 Page 2 of2 /..-··-· ·--.... / ~,. ,\ • •(~I -...:., I ~' '\ 0: .. ·······, ...... ,. ' I ~/ I •• •• ,. \• ' lu. -.... ' I 1·,,,:' <( ··.•";\ I : I • ..,. t ; <" i: I l~\ '"LL'• :f. \ 10·.. ·, I \-r ·· .... (/) ... ·'.,fl .• \. ./,., ........... ,q i' ·,~ "A.. V .. ,.,ro ,,.t,•". . " ...... 114, ........ .. L.PB LO-OS Printed on 11/7/2012 8:20:25 AM Branch :FAW,User :PA08 FIRS.J. AMERICAN :;, \ 11'./ AITTR RECORDING MAIL TO: Fieldbrook Commons, LLC 9675 SE 36th Street, Unit 105 Mercer Island, WA 98040 Flied rcr Record at ReQuest of: First AmeitiJl Titte lnS1Xance Company Comment: llil~l~~1; ~~!Ill~ ~ill I Iii 20130212002010 FIRST RlfERICAM l,lD 76.0~ PAGE-Hl OF e05 ft/12/ZCll3 14:21 K[NG COUNTV, I.IA E2588795 12/1212Cl13 14:ZS Ki:~ COUNT~. LIICl26,70S.041 S$0LE $1,lee,000.00 PAGE-Hl oF 081 STATUTORY WARRANTY DEED Signed In Counterpart File No: 4243·1908025 (BS) Date: February OS, 2013 Grantor(s): Marjorie L Lotto Uving Tn1,t and Estate af Viola O'Neil, deceased Grantee(s): Fleldbrook Commons, LLC Abbreviated Legal: PTN SEC 29 TWP 23N RGE SE NW QTR SE QTR, KING COUNTY Additional Legal on page: Assesso~s Tax Parcel ~(s): 292305·9022-00 THE GRANTOR(S) Ray W. Latta, as Tn1stee af the Marjorie L, Latto Uvlng Trust, as to an undivided 500/o Interest and WIiiiam J, O'Nell, Personal Representative far the Estate of Viola T. O'Neil, deceased, as to an undivided 500/o Interest for and In consideration of Ten Dollars and other Good and valuable consideration, In hand paid, conseys, and warrants to fleldbrook commons, UC, a Washington Umlted Uablllty Company, the following described real estate, situated In the County of King, State or Washington. LEGAL DESCRIPnON: Real property In the County of King, State or Washington, described as fellows: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE •SOUTHEAST QUARTER OF secnON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 230 FEET THEREOF, AS CONVEYED TD THE CITY OF RENTON BY DEED RECORDED DECEMBER 27, 1979 UNDER KING COUNTY RECORDING NO, 7912270174; AND EXCEPT THAT PORnON THEREOF, LYING WITHIN THE 60 FOOT WIDE RIGHT OF WAY FOR SECONDARY STATE HIGHWAY NO. SC (FORMERLY KNOWN AS JOHN f, BENSON ROAD), AS ESTABUSHED BY ORDER FILED MARCH 19, 1912 UNDER VOWME 16 OF THE KING COUNTY COMMISSIONER'S RECORDS, PAGE 592; Page 1 or 3 LP8 Ul-OS Station Id :TUMG KING,WA Pagelof5 Printed on 61412013 8:26:41 AM Document: DED WAR 2013.0212.002010 I I Branch :FAW,Uscr :PA08 Comment: StaMory Warranty Deed · a>ntlnued File No.: 4243-19DID25 (IS) AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY'DEEO RECORDED MAY 14, 1999 UNDER RECORDING NO. 9905141847. I AND ALSO EXCEPT TliAT PORTION AWARDED TO RICHARD ~ .NIEMI, SYDNEY J. NIEME, DARLENE R. llJDRNSTAD AND THE DARLENE R, BJORNSTAD TRUST BY JUDGMENT RECORDED APRIL 19, 2012 AND JUNE 8, 2012 UNDER RECORDING NOS. 20120419000630 AND 20120608001092 AND 20120608001093 AND CONVEYED BY DEED RECORDED MAY 29, 2012 UNDER RECORDING NO. 20120529000485. subject To: This conveyance Is subject to covenants, condlUons, restrictions and easements, if any, affecting title, which may appear In the public record, Including those shown on any recorded plat or su r,ey. Marjorie L. lotto Living Trust Ray W. Lotto, Trustee Paga 2 Of 3 LPB l0·0S Station ld :TUMG KING,WA Page2of5 Printed on 6/4/2013 8:26:41 AM Document: DED WAR 2013.0212.002010 Branch :FAW,User :PA08 Comment: Stmtutory ~nanty Deed • contlrYJed ~ Ale No.: 4243-1908025 (IS) AND EXCEPT THAT PORTION CONlll:nD TO KING COUNTY BY DEED RECORDED MAY 14, 1999 UNDER RECORDING NO. 9905141B47. AND ALSO EXCEPT THAT PORTION AWARDED TO RICHARD R, NJEMJ, SYDNEY J, NIEMI!, DARLENE R, BJORNSTAD AND THE DARLENE R, BJORNSTAD TRUST BY JUDGMENT RECORDED APRIL 19, 2012 AND JUNE 8, 2012 UNDER RECORDING NOS. 20120419000630 AND 20120608001092 AND 20120608001093 AND CONVEYED BY DEED RECORDED MAY 29, 2012 UNDER RECORDING NO, 20120529000485, Subject To: This conveyance Is subject to covenants, conditions, restrictions and easements, If any, affecting title, which may appear In the public record, Including those shown on any recorded plat or survey. Estate of Viola O'Neil, deceased William O'Neil, Executor Page 2 of J LPB 10·05 Station Id :TIJMG KING,WA Page 3 of 5 Printed on 6/4/2013 8:26:42 AM Document: DED WAR 2013.0212.002010 .Branch :FA W,User :PA08 STATE OF callfornla COUNTY OF Comment:· ~toryWi!i!TilTity ~ • continued ) )·SS ) FRe Na.: 4243•1908025 (IS) I certify that I know or have satisfactory evidence that Ray w. Lotto, ls/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this Instrument, on oath stated that he/she/they ls/are authorized to execute the Instrument and acknowledged it as the Trustee of Marjorie L, LOtto Living Trust to be the rree and voluntary act of such party(les) for the uses and purposes menUoned In this instrument. Dated:---------- STATE OF Washington )•SS COUNTY OF '(¥><¥-J. (Y\ I<>.-) Notary Public In and for the State of California Residing at: My appointment expires: I certify that I know or have saUsfactory evidence that Wllllam l. O'Neil, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this Instrument, on oath stated that he/she/they ls/are authorized to execute the Instrument and acknowledged It as the Personal Representative of The Estate of Viola O'Neil to be the free and v untary act of suc:h party(ies) for the uses and purposes mentiOned In this Instrument. C) . Dated: ~Y:j \.l 1201~ o ry Public In and for the State of Washington Residing et: ~ l'Yv\.\ Station Id :TUMG Myappointmente.plres: ~l \q \ 20\s;;- K!NG,WA Document: OED WAR 2013.0212.002010 Nolm,Pldllle . -o1w ... ......, TINA II OLNEY 1111 ~palntrMnt ba*ff;Apr 19. 2015 Page3ot'3 LPS 10-05 Page4of5 Printed on 6/4/2013 8:26:42 AM Branch :FAW.User :PA08 APN: 292305-9022•00 STATE OF California Comment: )·SS ) File No.: 4243·1908025 (85) I certify that l know or have satisfactory evidence that Ray W, Lotto, ls/are the person(s) who appellred before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they [s/are authorized to execute the Instrument and acknowledged It as the Trustee of Marjorie L Lotto Uvl ng Trust to be the free and voluntary act of such party(les) for the uses and purposes mentioned~ Dated: I JD/ nu1S~A TAN .;-. Cr,11•r,11~)1ti11 II 1913!,02' I ~ 111 1uy Pubhc · Caltlornl,1 i 1 Si111 h;mr;:11cc County - M Comm.£ lrH Nov 18 2014 STATE OF Washington COUNlYOF ) }-ss ) Notary Public in and for the State of Cal~ornla Residing at: S<tti r.-ztn,.c ,' .s .0 My appointment expires: i/f)f} I g I J.o I Y. I certify that I know or have satisfactory evidence that WIiiiam l. O'Neil, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this Instrument, on oath stated that he/she/they ls/are authorized to execute the Instrument and acknowledged ~ as the Personal Representative of The Estate of Viola O'Neil to be the free and voluntary act of such party(les) for the uses and purposes mentioned in this Instrument. Dated: ________ _ Page 3of3 Notary Public In and for the State of Washington Residing at: My appointment expires: LPB 10-05 Station Id :TUMG KING,WA Page 5 of5 Printed on 6/4/2013 8:26:42 AM Document: DED WAR 2013.0212.002010 Fie dbrook Commons Colored Display Bldg. Colored Elev. 1 Copies Fina PUD Submitta Exterior Architectural Finish Specifications Provide subm ittals of all finishes for designers' approval prior to installation. EXTERIOR PAINTING MATERIALS Scheme A P-1 Product/ Mfg.: Color: Finish: Location: P-2 Product/ Mfg.: Color: Finish: Location: P -3 Product/ Mfg.: Color: Finish: Location: Product/ Mfg.: Color: Finish : Location : P-5 Product/ Mfg: Color: Finish: Location: EXTERIOR STONE ST-1 Product/ Mfg: Style: Color: Location: Contact: Benjamin Moore North Creek Brovvn 1 001 TBD by Pa i nter Main Body Sherwin Williams Bengal Grass SW 6411 TBD by Painter Secondary Body (@ Shingle Siding) "bump-outs" Benjamin Moore Temptation 1 609 TBD by Painter Accent Body (@ Board & Batten) Benjamin Moore Squirrel Tail 14 76 TBD by Painter Trim and railings Benjamin Moore Gettysburg Gold 1 064 TBD by Painter Doors and garage doors Eldorado Stone Limestone York Column bases Abel Becho 206-696-3248 The Long Studio LLC Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page 1 of 19 5030 1 " Avenu e South, Seattle Washington 98134 Vo i c e (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelo ngstudio.com Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. EXTERIOR PAINTING MATERIALS Scheme C P-1 Product/ Mfg .: Color: Finish: Location: P -2 Product / Mfg .: Color: Finish: Location: Note: P-3 Product/ Mfg.: Color: Finish: Location: Product/ Mfg.: Color: Finish: Location: P -5 Product/ Mfg.: Color: Finish: Location: EXTERIOR STONE ST-1 Product/ Mfg: Style: Color: Location: Contact: Benjamin Moore HC-16 Livingston Gold TBD by Painter Main Body Benjamin Moore Temptation 1 609 TBD by Painter RECE\VED fl,UG 15 2G\3 CITY Of RENlON pl.}I.NN\NG o\VIS\ON Secondary Body(@ Shingle Siding)"bump-outs" Bump-out on north elevation to be painted P-2 even though it doesn 't have shingle sid i ng Benjamin Moore Gettysburg Gold 1 064 TBD by Painter Accent Body (@ Board & Batten) Benjamin Moore Squirrel Tail 14 76 TBD by Painter Trim and railings Sherwin Williams Bengal Grass SW 6411 TBD by Painter Doors and garage doors Eldorado Stone Limestone Castillo Column bases Abel Becho 206-696-3248 The Long Studio LLC Fieldbrook Commons Exterior Exterior Co l or S p ecifications .June 6 , 2013 Page 5 of 19 5030 1 s• Avenue South , Seattle Washington 98134 V oice (206) 706+9503 Data (206) 860-2122 M ail = Stev en@th elongstudio.c om Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. EXTERIOR PAINTING MATERIALS Scheme B RECEIVED P-1 Produ ct/ Mfg.: Color: Finish: Location: P-2 Product/ Mfg.: Color: Finish : Location: P-3 Product/ Mfg.: Color: Finish: Location: Product/ Mfg.: Color: Finish: Location: P-5 Product/ Mfg: Color: Finish: Location: EXTERIOR STONE ST-1 Product/ Mfg: Style: aa-"!1-...: Color: Location: ~iilil Contact: Benjamin Moore 1487 Herbal Escape TBD by Painter Main Body Benjamin Moore Gettysburg Gold 1064 TBD by P ainte r AUG 1 5 2013 CITY OF RENTON PLANNING DIVISION Secondary Body (@ Shingle Siding) "bump -outs " Shervvin Willi ams Bengal Grass SW 6411 TBD by P ainter Accent Body (@ Board & Batten) Benjamin Moore Squirrel Tail 14 76 TBD by Painter Trim and railings Benjamin Moore Temptation 1609 TBD by Painter Doors and garage doors Eldorado Stone Limestone Mt S. Helens Column bases Abel Becho 206-696-3248 The Long Studio LLC Fieldbrook Commons Exterior Exterior Color Specifications June 6 , 2013 Page 3 of 19 5030 1 "1 Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mai l = Steven@thelongstudio .com Exterior Architectural Finish Specifications Provide submittals of all finishes for designers ' approval prior to installation. ROOFING SHINGLES Product/ Mfg: Style: Color: IKO Cambridge AR Driftwood Contact: Steve Sloan 425-787-9865 RECEIVED AUG 15 2013 CITY OF RENTON The Long Studio LLC 5030 1 " Avenue South, Seattle Washington 98134 Vo i ce (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio.com PLANNING DIVISION Fieldbrook Commons Exterior Ex terior Color Specifications June 6, 2013 Page 4 of 19 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. ROOFING SHINGLES Product/ Mfg: Style : Color: IKO Cambridge AR Charcoal Grey RECE\VED AUG l 5 20\3 Contact: Steve Sloan 425-787-9865 CITY OF RENTON The Long Studio LLC 5030 1 •• Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio .com PLANN ING DIVISION Fieldbrook Commons Exterior Exterior Color Specifications -.June 6 , 2013 Page 2 of 19 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. ROOFING SHINGLES Product/ Mfg: Style: Color: IKO Cambridge AR W ea therwood Contact: Steve Sl oan 425-787-9865 The Long Studio LLC 5030 1 s • Avenue South, Seattle Washington 98134 Voi ce (206) 706 +9503 Data (206) 860-21 22 Mail = Steven@thelongstudio .com Fieldbrook Commons Exterior Exterior Color Specifications June 6, 20 13 Page 6 of 1 9 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. RECEIVED BUILDING J NORTH ELEVATION: SCHEME A AUG I 5 2013 P -4 The Long Studio LLC 5030 1 ., Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mai l = Steven@the l ongstudio.com CITY OF RENTON Fieldbrook Commons Exterior Exterior Color Specifications .June 6, 20 13 Page 7 of 19 PLANNING DIVISION ST-1 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. RECEIVED BUILDING J EAST ELEVATION: SCHEME A --AUG 1 5 2013 CITY OF RENTON PLANNING DIVISION ST-1 The Long Studio LLC 5030 1 •1 Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio.com P-5 Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page 8 of 19 P-4 P-5 P-5 P-4 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. RECEIVED AUG 152013 CITY OF RENTON BUILDING J SOUTH ELEVATION: SCHEME A ~ B P-4 The Long Studio LLC ~ 5030 1 st Avenue South, Seattle W ashington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio.com PLANNING D1v1s10N ~ ~ :R P-3 P-5 Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2 01 3 Page 9 of 19 Be P-5 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation . BUILDING J WEST ELEVATION: SCHEME A The Long Studio LLC 5030 1 •• Avenue South, S eattl e Washington 98134 V o i ce (206) 706+9503 D a t a (206) 860-2122 Mail = Steven@thelongstudio.com P-3 P-1 Fieldbrook Commons Exterior Exterior Color Specifications Jun e 6, 20 13 Page10of19 RECEIVED AUG 152013 CITY OF RENTON PLANrwrvG fJ/V/SiON Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. BUILDING B NORTH ELEVATION: SCHEME B RECEIVED AUG 1 5 2013 P-1 CITY Ot ~F.NTON PlANN1r,G :)IV/S/ON --=--i P -2 P -3 P-4 The Long Studio LLC 5030 1 •• Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@the l ongstudio.com P-1 Fieldbrook Commons Exterior Exter ior Color Specifications June 6, 2013 Page 11 of 19 P-4 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation . RECEIVED BUILDING BEAST ELEVATION: SCHEME B AUG 1 5 2013 The Long Studio LLC 5030 1 •• Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@the l ongstudio.com CITY OF RENTON PLANNING DIVISION P-1 F ieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page 1 2 of 19 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' app roval prior to installation. RECEIVED BUILDING B SOUTH ELEVATION: SCHEME B AUG l 5 20 13 P -4 P-1 P -4 T h e L ong Studio L LC 5030 1 •• Avenue South , Seattl e W ashi ngton 98134 V oice (206 ) 706+950 3 D a t a (206 ) 860-2 1 22 Mai l = Steven@the longstudio.com CITY OF RENTON PLANNING DIVISION P -1 P-3 Fieldbrook Commons Exterior Exterio r C o l or Specificat ions Jun e 6 , 2 01 3 Page 1 3 of 1 9 S T -1 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. RECEIVED BUILDING B WEST ELEVATION: SCHEME B P -2 The Long Studio LLC 5030 1 "' Avenue South, Seattle W ashing ton 98134 Voice (206) 706+9503 Data (206) 860-2 122 Mail = Steven@thelongstudio.com AUG 1 5 2013 CITY Or: RENTON PLANNING DiV/SfON Fieldbrook Commons Exterior Exterio r Color Specifications Jun e 6 , 2013 Page 14 of 19 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. BUILDING K NORTH ELEVATION: SCHEME C P -5 The Long Studio LLC 5030 1 •• Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio .com ST-1 ST-1 P-1 Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page15of19 RECEIVED AUG I 5 2013 CITY Of-RENTON PLANNING DIVISION Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. BUILDING KEAST ELEVATION: SCHEME C RECFfVED P-4 AUG 1 5 2013 CITY OF RENTON P -2 ST-1 The Long Studio LLC 5030 1 ., Avenue South, Seattle W ashington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@the longstudio.com Fieldbrook Commons Exterior Exterior Color Specifications .June 6 , 20 1 3 Page16of19 PLANNING DIVISION Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. BUILDING K SOUTH ELEVATION: SCHEME C RECEIVED P-4 ST-1 The Long Studio LLC 5030 1 •• Avenue South, Seattle Washington 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio .com AUG 1 5 2013 CITY OF RENTON ST-1 Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page17of19 PLANNING DIVISION Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. BUILDING K WEST ELEVATION: SCHEME C P-4 P-1 The Long Studio LLC 5030 1 •• Avenue South, Seattle Was hin gton 98134 Voice (206) 706+9503 Data (206) 860-2122 Mail = Steven@thelongstudio.com Fieldbrook Commons Exterior Exterior Color Specifications June 6, 2013 Page18of19 RECEIVED AUG 15 2013 CITY OF RENTON PLANNING DIVISION ST-1 Exterior Architectural Finish Specifications Provide submittals of all finishes for designers' approval prior to installation. SITE PLAN =------~.---~-·~·:!·-~-~""·=-:....-----,~' .,,. .. -~---., .. ., f....; '.-!~1:'.!!: ------Sii-mND t'>Tl'IEEl--------- The Long Studio LLC 5030 1 "1 Avenue South , Seattl e Wa shington 98134 Voice (206) 706+9503 Data (206) 860-2 1 22 Mail = Steven@thelong s tudio .com ~~l .. L "iii'liwr- "" ""AC:"Af·f:lt ~ • /'c~ / n V )_. •••••• • ~L ____ ,.. .. / Fieldbrook Commons Exterior Exterior Color Specifications June 6 , 2013 Page19of19 RECEIVED AUG 152013 CITY OF RENTON PLANNING DIVISION SHP1SHP20 SfF SF4PISl4nl •2' 20 2' .. 2• c~ i 24 ~ OU -... 30 !l .. it :: ] 4 -2• ~ 210 .. ...30 l 3' 0 0 JD I DD ! a· ,. . SFtP ,-r.,\ SFtl SN2 2• &30 .. e2• 30 '.Q] [J ~ ~-r 210 [J] [cJ • ..JO rn ;01 a DD ;~a~· I J • 0 D.D I ~D~ SHU SH1 SF2t 2.6 26 112' e2• : ~ ..i• rJ . •2' 210 210 210 "30 .. ..JO .. :JO ' • 0 RECE\\/t ~D oa ~uu t 5 1\)\3 ,,..._,.. 4 ~ Of REN1 L! LI! •t.e C\'t'l N1NG oN1s1 SNt1P SNV1P SH11PC pl.AN 2• 2• 2• 30 30 30 rJ I I ! 0 i ~ ~·o 0 D l C I mm a LE..OIIO LB We Finish Wh.at We Start! .. 9 ~ I Sprl,w Sl'R-200 t ) FLT-200 Sl'R-160 R.FlfilJ , 113 Standard Craftsman Collection 9 ~ I .. i,...--- ~T-I .. ~ ffllsthws HAS-200 1' FLS-200 Atrr-160 HAL-160 HAS-lfilJ f i I I .. j 1 lt ~ Flf.J(,() Bmttwood BRE-200 Rie,atow RJV-200 " BRE-lfilJ R/V-JfilJ Optional Craftsn1a11 Shelf C-2 11. la-11il,1b/(' i 11.'>JtuJOfl1 ur Tnfoffll lil>l't'ftlfl~) f,\'o sidf'i.itl' ,/,rlf oprio11 J For Decorative transom offerings see page 66. 55 SN1F -sntF -SF-.. ... ,, .. __ .. 2• 2• 1r 12· JO 30 I .... ~ 14• ~. I I ! 0 I 0 DD DD a U! •U! U! U! •UI SF• -SflF .. SF1tF .. SF2lfl18 -•20 20 2' •24 l4 2• 26 2' 3' •2' 2• .210 210 JO ' 30 ' 0 01 01 •u .. u • ,. SflF ,. SF11F ,. 26 2' .2• 2• JO 30 ! I i • o! 0 0 t 4 ! •LB .. u .. u SF2tlF .. SFJF .. 2' •2' 2' •2• JO •JO • ! ! 0 01 oi .... Sla11dnrd Lile Kil 9 Field brook Commons Exterior Lighting Theme ~•n[i]t Zoom /Full Scree n f.ffifil! £!i!1t 14 Like 0 RECEIVED AUG 1 5 2013 CITY OF RENTON PLANNING DJ\t/5/0N lWaylle - 1 Dalton L ----· ··-. . . .. -~=~,=.=J 8000/8100/8200 M O D E L S CLASSIC STEEL door construction • Embossed, hig h tensile steel pane ls give t he look of wood w ith the strength o f steel. • Two-coat , baked-on polyester fin is h is v irtually m ainte nan ce-free . This f in ish also makes an excellent base if yo u repa int to m atch the existing exterior co lors of your home . • Full 2"-t hic k doo r pa nels have box-s haped 20-gauge st iles for streng th and rigi dity. • Co nt ains expa nded po lystyre ne insulation (M odel 8000 is non-insu lated). • Wi nd load models avai lable . wJilSAFE Up to R-7.4 * Polystyrene Insul ation Tongue-And-Groove Panels 10-Yea r Warranty Colonial Panel, Taupe fmish, Praine I windows . • Heavy-ga uge steel wraparound end caps tri m-ou t door edges for better appeara nce . improved st reng t h and prot e ction o f t he insulation from damage . • Sound-a bsorbing ins ula t ion in M odels 8 100 a nd 8200 ma kes the door operate quieter and reduces wind-rattling . • Sile ntGl ide'" nylon rol lers with solid steel shaft s provide yea rs of smooth , quite and dependable operatio n . • An insulated garage door improves your home's therm al efficien cy. RECEIVED AUG 1 5 2013 CITY OF RENTON PLANN ING DIVISION specifications Panel Designs Steel pane ls embossed with textured s urface delive r high impact-resistance with m inimal ma intena n ce. Colon ial Colors W hite Ta upe Ranch Ne t ava.labl1:: 111 all a1ec1s Cor1:rn!t dl:.iler 1vr w..a1 labi l1tv. Almond Brown Safety and Security Sonoma The Way ne Dalton Torq ueMast e r® Plus is t he first cou nterbalance system to sea l spri ngs sa fe ly w it hin a steel t u be . It conta ins an anti-drop feature t ha t eliminates the ri sk of door free fa ll a nd p revents potential serious in jury. _w_a_rr_a _nt_Y __________ • Models 8200, 8100 and 8000 offer a 10-Year ~r Lim ited Warranty aga inst crack ing , splitting, ~ rusting t hro ugh or sec ti on deterioration. See dealer for co mplete warran ty details. Energy Efficiency and Noise Control • M o del 82 00 has expanded polystyrene insulation w ith an R-value* of 7.4. ~ • M odel 8 100 has expanded polystyre n e insu lation w ith an R-value* of 3.7. • M ode l 8000 is non insul at ed . • Tongue-and-groove pane l joints f it tog ether snug ly t o help seal out w ind and weather. • Bulb-sha ped bottom sea l rema ins f lexi b le even in t he co ld to keep o u t bad weather. 1-l .... • Wayne Dal ton uses a ca lculated doo r section A-va lue for o ur insulat ed doors. You Im www.wayne -dalton .com © 2013 Wayne Delton, a Divis ion of Ove rhead Door Corporation. Ccx1sistent w ith our policy of continuing pra duct im provement. we ,eserve the right to change product speofic at1ons without no tice or obligaticn. hem 328669 Windows Many decorative window inserts are available t o e nh ance t he look of your garage door, which in turn enhances t he look of your home. Here are just a few exam p les. See Series 8000 brochure (#330448), W indow Style brochu re (#330880). or web si t e for all options. Windows fo r Colonial panel designs l•••••l l a11ad1a11 Clear I Cascade I I• • • • iiii iiii iiii iiii ·-· ·-· ,._,. ·~· Cathedra l I Pr airie I I == •• •• •• I I• • • •I •• •• • • Stockton I Waterton I Windows for Ranch panel designs , __ , Clear II Cathed ra l I I She rwood II ~-------------· -----Cascade II iiiiiiiiii iiiiiiiiii ·--··--· Pra iri e II W ill iamsburg II Windows for Sonoma panel designst Clear I Clea r II 1--1 ·--··--· !!!!!!!!!!!! !!!!!!!!!!!! Arched Stockton Prair ie II 1--1 1--1 St ockton Ill Waterton Ill Double w idth doors may be ord ered with Ar ched Stockton II and Stockton II com bined. Not all wi ndows are ava ilable in all si2es. Check wi th your Wayne Oalto11 dealer fo r details. t Not availabl e in all areas SEE ALL THE LOOKS AVAILABLE ON OUR GARAGE DOOR DESIGN CENTER AT www.Wayne-Dalton .com r ' RECEIVED AUG 1 5 2013 CITY OF RENTON PLANNING DIVISION 0 :~IP.r I J·nnt Ar·.J