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Home My WebLink AboutReport 1~H ~.v'.'"n. FJ..ANTINcS FJ..AN .s D~TAIL.S r === FINAL SUFFER. ENHANCEMENT PLAN ~ ~~~ -------YIIHITMAN COURT ~ ri~ ::: RENTON, I'IASHIN6TON ---- NOTES .. SECTIONS FINAL SUF'l"e,.. eNHANCeMeNT "LAN ~HITMAN COURT ~NTON, ~SHIN6TON SPe.-II"I.-ATIONS I"INAL 6UI"I"EIO. ENHAN.-eMENT PLAN I'lHITMAN .-oUI'tT IO.ENTON, I'lASHIN~TON ';:' 1 , --' '/ -·1 ""~ ~ ~ ~ ,,,' " » I\,) d I,:, ~ :.... ,I I'---~L ____________________ _ I I I I I I " I I eJ _______ 1:l _______ eJ 1 WASHINGTON FEDERAL RENTON BRANCH FelTON, WA -0 I I I I I -.l ,I l I I I I -.l ,I ----0 H~ :n [~ ~~~ ~~ ~e: . ; ~ t ,..= "" 11 = "F;;~d 1 <:::t :=>[-~:=L :1 ~ ~ ,------- iij , '~ ri.--n 'iJ-,rn~i , l' ~ 1 [ ~ I : f~ mQ I ' r-.- I t-''---~. ~~W-" _ ====5 ~~~~e:!' !!!,~!I!S PENTON. #A~H'NGTON -" . c::::=.-"-"-T~ ... ~;:'\ -,llllll_t'!_'I-/I!-:I!I~. 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"~""" ~OOD '~'~"LL ~ :1g;n~~~,;~~~:-!..-:!E)?E-'C",,, = :#~':;;';;~.:': ~~;~~r~~~:, ~ ~ ~ 0' fA\" \4.3) Bldg C _ NOJ.9NiHS"'cfM 'NOJ.NalII ~ .. no" N'I>'KJ.IHM NI,f'aI J.NaV'-la?NVHNa ~a=l=lna 'VNid N'I>'1" M31""aAO CITY OF RENTOl' DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 29, 2015 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Whitman Court FPUD, Phase One LUA (file) Number: LUA-13-001044, FPUD Cross-References: AKA's: Project Manager: Rocale Timmons Acceptance Date: August 7, 2014 Applicant: Paul Ebensteiner Owner: Washington Federal Contact: Eric Labrie PID Number: 5182100020, 5182100022, 5182100021 ERC Determination: Date: Ap~eal Period Ends: Administrative Decision: Approved with Conditions Date: March 13, 2015 Appeal Period Ends: March 27 2015 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: ByWhom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting a Final Planned Urban Development for the first of two phases of the Whitman Court PUD (LUA14-000295). The City's Hearing Examiner approved the Preliminary Planned Urban Development on June 11, 2014 subject to 40 conditions of approval. A subsequent Administrative Private Open Space Modification was applied for and granted on July 2, 2014. The first phase includes the construction of a 20 (of the approved 40) zero lot line town homes and the 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. Phase 1 would be comprised of 4 (of 8 total) multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The approved PPUD was used to vary street, setback parkinq, and refuse and recycle standards. A subsequent Administrative Private Open Space Modification was a !d for and granted on July 2, 201 he applicant has proposed to preserve the wetland onsit~ and provide buffer enhancement as ,..art of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a storm water report, wetland enhancement plan, and a geotechnical report. Location: 4425 NE 4th St and 351 Whitman Court NE Comments: .. ERC Determination Types: ONS -Determination of Non-Significance; ONS-M -Determination of Non-Significance-Mitigated; OS -Determination of Significance. -~~.-----------Denis Law • f __ -=MaYO~r ----~-L~JU~Ju June 26, 2015 Eric LaBrie ESM Consulting Engineers, LLC 33400 8th Ave S Federal Way, WA 98003 Community & Economic Development Department C.E."Chip"Vincent,Administrator SUBJECT: Whitman Court Phase One Final Planned Urban Development LUA14-001044, FPUD Dear Mr. LaBrie: This letter is to inform you that the. appeal period ended March 27, 2015 for the Administrative Site Development Plan Review approval. No appeals were filed, therefore, this decision is final and application for the appropriately required permits may proceed. The advisory notes listed in the City of Renton Report and Decision dated March 13, 2015 must be adhered to during construction and prior to final inspection. Furthermore, the Administrative Site Development Plan Review decision will expire two (2) years from the date of decision. If you are unable to finalize the development within the two-year time-frame, a single two (2) year extension may be requested in writing, pursuant to RMC 4-9-200. In regards to the vesting of the above referenced project, please be aware that as long as the development of the project conforms to the approved plans and building permits are submitted within the relevant time limits, the zoning regulations in effect at the time ofthe original approval shall continue to apply. However, all construction shall conform to the International Building Code and Uniform Fire Code regulations in force at the time of building permit application. If you have any questions regarding the report and decision issued for this site plan development proposal, please call me at (425) 430-7219. Renton City Hall • 1 05S South Grady Way • Renton, Washington 98057 • rentonwa.gov Sincerely. Rocale Timmons Senior Planner • cc: Paul Eben'teiner / Owner(s) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Cityo[ FINAL PLANNED URBAN DEVELOPMENT REPORT & DECISION REPORT DATE: Project Name: Owner: Applicant: Contact: File Number: Project Manager: Project Summary: March 13, 2015 Whitman Court FPUD, Phase I Washington Federal; 425 Pike St; Seattle, WA 98101 Paul Ebensteiner; Lozier at Whitman Court LLC; 1300 114th Ave SE, Suite 100; Bellevue, WA98004 Eric LaBrie; ESM Consulting Engineers, LLC; 33400 8th Ave 5; Federal Way, WA 98003 LUA14-001044, FPUD Rocale Timmons, Senior Planner The applicant is requesting a Final Planned Urban Development (FPUD) for the first of two phases of the Whitman Court PUD (LUA14-000295). The City's Hearing Examiner approved the Preliminary Planned Urban Development on June 11, 2014 subject to 40 conditions of approval. The first phase includes the construction of 20 (of the approved 40) zero lot line townhomes and the 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (Ce) land use deSignation. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. Phase 1 would be comprised of 4 (of 8 total) multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The approved Preliminary PUD was used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Project Location: 4425 NE 4th St and 351 Whitman Court NE Site Area: 5.12 acres Project Location Map Whitman Court Pahse f FPUD Repart_LUA14-001044 City of Renton Department of Community & Eco"omic Development WHITMAN COURT FINAL PUD (PHASE I) Administrative Final PUD Report & DecisIOn LUAl4-001044,FPUD Report of March 13, 2015 I A. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Whitman Court Final PUD (Phase I) Report and Decision Final PUD Plan (Phase I) Approved Landscape Plan/Wetland Enhancement Plan Aerial Photo Residential Building Elevations Commercial Building Elevations Draft CC&R's Parties of Record Private Open Space Administrative Modification, July 2, 2014 I B. GENERAL INFORMATION: 1. Owner!s) of Record: Washington Federal Bank 425 PikeSt 2. Zoning Classification: Seattle, WA 98101 Commercial Arterial (CA) Commercial Corridor (CC) Vacant 3; Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: a. North: Mixed Retail (CA zone) b. East: United State Postal Service Office (CA lone) c. South: Multi-Family Residential (R-10) d. West: Critical Areas and Mixed Retail (CA zone) 6. Site Area: 5.12 acres F. ADMINSTRA TIVE FINAL PLANNED URBAN DEVELOPMENT REVIEW FINDINGS OF FACT: Page 2 of 15 1. The applicant is requesting approval of a Final Planned Urban Development for the first phase of Whitman Court PUD which includes the construction of Lots 1-20 (of the approved 40) zero lot line town homes and the 2,657 square foot commercial bank on the 41" lot. 2. On June 11, 2014 the subject project received approval for the Preliminary Planned Urban Development including Preliminary Plat approval with 40 conditions of approval, City File number LUA14-000295. No appeals of the Hearing Examiner decision were filed. 3. Phase II of the FPUD would include construction of Lots 21-40. The applicant.would be required to apply for and have granted Phase II of the FPUD prior to the expiration of the Preliminary PUD, June 11, 2019. 4. The PUD would be used to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The proposal included the preservation of the wetland onsite and buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Final PUD Report City of Renton Department of Community & E 'ic Development WHITMAN COURT FINAL PUD (PHAS .. _, Report of March 13, 2015 dministrative Final PUD Report & Decision WA14-001044,FPUO Page 3 of 15 5. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on April 21, 2014, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Whitman Court PUD_ The DNS-M included two mitigation measures. A 14- day appeal period commenced on April 25, 2014 and ended on May 9, 2014. No appeals of the threshold determination were filed. 6. The Planning Division of the City of Renton accepted the above master application for review on August 4, 2014 and determined complete on August 7, 2014. The project was placed on hold on September 30, 2014 pending receipt of additional materials. The project was taken off hold on February 9, 2015. Therefore, the project complies with the 120-day review period. 7. The subject site forms an "L" shape and is bordered by NE 4th St to the north, and by residential and commercial uses to the east, west, and south. S. The property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation, the Commercial Arterial (CA) zoning classification, and Design District 'D'. 9. The project site is comprised of three parcels created as part of the Ribera Balko Short Plat (LUA02-129) and is currently vacant. 10. After deducting 32,446 square feet for right-of-way dedications, 3,841 square feet for access easements, and 32,126 square feet for critical areas from the 223,073 gross square footage of the site, the net square footage would be 154,660 square feet (3.55 net acres). The 40 unit proposal would arrive at a net density of 11.14 dwelling units per acre (40 units / 3.55 acres = 11.~4 dulac). 11. The following table are proposed approximate lot sizes for the Phase I Lots 1-20 and 41' Lot Lot Size SF Lot Lot Size SF Lot 1 950 Lot 11 1,436 Lot2 997 Lot 12 1,028 Lot3 1,045 LotH 1,051 Lot 4 1,092 Lot 14 1,581 Lot 5 1,296 Lot 15 1,651 Lot6 904 Lot 16 1,053 Lot 7 838 Lot 17 1,039 Lot8 833 Lot 18 1,053 Lot9 827 Lot 19 1,031 Lot 10 1,062 Lot 20 1,317 Lot41 32,144 12. Access would be provided via a series of private roads, alleys and driveways extended from Whitman Court NE. A limited right in/right out access entry along NE 4th St, in the western portion of the site, is also being proposed for the commercial bank site (Lot 41). 13. Residential parking is provided in private garages. Commercial parking in the amount of 17 surface parking stalls would be provided in a surface parking area to the east and west ofthe bank structure. 14. Maplewood Creek flows south along the western border of the site and exits through the middle of the southern border. Two wetlands have been identified on the site one of which straddles Maplewood Creek along the western portion of the property. A second, isolated, wetland was delineated along the southern portion ofthe property. 15. The subject site is located in Zone 2 of the Aquifer Protection Area and contains sensitive slopes. 16. No public or agency comments were received for the FPUD. Final PUD Report City oj Renton Department of Community & f WHITMAN COURT FINAL PUD (PHA 1ic Development ,dministrative Final PUD Report & Decision LUA14-001044,FPUD Report of March 13, 2015 Page 4 of 15 17, Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report. 18. The proposal requires Final Planned Urban Development Review. The plan shall be reviewed for substantial conformance with the approved preliminary plan and consistency with the purposes and review criteria of RMC 4-9-1S0G. The following table contains project elements intended to comply with the 40 conditions of approval of the Preliminary Planned Urban Development/Preliminary Plat approval and the two mitigation measures issued as a part of SEPA review under City File number LUA14-00029S: Compliant if condition of approval is met Final PUD Report 1) The applicant shall comply with the two mitigation meosures issued os port of the Determinotion of Non-Significonce Mitigated, dated April 21, 2014. Staff Comment: See compliance analysis below under subsection B) SEPA Environmental Review. 2) A finol wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann-Oliver Mitigation PIon shall be submitted to, ond approved by, the Current Planning Project Manager prior to construction permit/Finol PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over thot part of the site encompassing the streom/wetland ond buffer area. Finally, the opplicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD appraval whichever comes first. Staff Comment: The applicant has submitted a Final Wetland Mitigation Plan, dated September 26, 2014 (Exhibit 3). The mitigation plan was approved on October 20, 2014. The applicant is proposing to install the mitigation project prior to the recording of the plat and as a result has provided a surety device in an amount necessary to guarantee the installation of the plantings, sign age, and fencing. Therefore staff recommends, as a condition of FPUD approval, the applicant be required to install the wetland mitigation project in conformance with the approved plan, dated September 26, 2014, prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings whichever comes first. 3) The applicant shall submit 0 screening/fencing detail plan. The screening/fencing detail plan shall be submitted to, and approved by, the Current Planning Project Manager prior to PUD/Final Plat approval whichever comes first. Staff Comment: The provided landscape plan, approved on October 20, 2014, includes screening/fencing detail to the satisfaction of the Current Planning Project Manager (Exhibit 3). 4) The applicant shall provide interpretative sign age/information at the trail entrance along NE 4th St and at the northern most lookout along the trail. The site plan depicting the signoge shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final Plat approval whichever comes first. City of Renton Department of Community & E WHITMAN COURT FINAL PUD (PHA- lie Development ldministrative Final PUD Report & Decision LUA14-001044,FPUD Report of March 13, 2015 Page 5 of 15 Compliant if candition of approval is met Staff Comment: The provided wetland mitigation plan, approved on October 17, 2014, includes interpretative signagejinformation at the trail entrance to the satisfaction of the Current Planning Project Manager (Exhibit 3). 5) An easement shall be recorded memorializing the public access to the wetland trail prior to Final PUD/Final Plat Recording whichever comes first. Staff Comment: A draft public access easement was submitted with the FPUD, which appears to be acceptable for recording. Staff recommends, as a condition of approval, the applicant shall be required to record the easement for public access to the wetland trail prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings, whichever comes first. 6) The applicont shall provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUD/construction permit ./ approval whichever comes first. Compliant if condition of opprovalis met Deferredta Final Plat Appraval Finol PUD Report Staff Comment: The provided landscape plan was reviewed and approved by the Current Planning Project Manager on October 20,2014 (Exhibit 3). 7) The applicant shall amend the landscape plan to reflect plants with a maturity height of 6-feet and 100% obscurity for the entire length of the modified 5-foot Wide visual barrier along the eastern partian of the sauthern property line. The revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager priar to canstructian permit/Final PUD approval, whichever cames first. Staff Comment: The approved landscape plan, approved on October 20, 2014, reflects plants with a maturity height of 6-feet and 100% obscurity for the entire length of the modified 5-foot wide visual barrier along the eastern portion of the southern property line (Exhibit 3). 8) The applicant shall revise the elevation so that garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. Staff Comment: The applicant has incorporated porches on all residential buildings in which garage doors can be viewed from the street. However, additional design elements should be incorporated into the first story including additional glazing, lighting, etc. in order to comply with this condition of approval. Therefore, staff recommends, as a condition of approval, the applicant submit revised elevations with additional architectural detailing on all sides of the residential buildings faCing a street. The revised elevations shall be submitted to, and approved by the Current Planning Project Manager, prior to the commercial building permit approval. 9) The applicant sholl be required to dedicate 1-foot behind the sidewalk for maintenance in addition to right-of-way dedication for existing luminaire foundations along NE 4th st. The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUD approval whichever comes first. City of Renton Department of Community & E nic Development ldministrative Final PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUD (PHA Report of March 13, 2015 Page 6 of 15 Staff Comment: The provided site plan depicts a dedication of one-foot behind the sidewalk along NE 4th St, however the applicant is proposing to formally dedicate the area as part of the Final Plat. Therefore staff recommends, as a condition of approval, the applicant shall be required to dedicate 1-foot behind the sidewalk for maintenance in addition to right-of-way dedication for the existing luminaire foundations along NE 4th St prior to or concurrent with the recording of the Final Plat. 10) A revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first, depicting the following: North of Road 'A', the required planter strip adjocent to the bank site would be 8-feet, the sidewalk would be 5 feet, the existing 32-foot paved public road portion would remain, to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required; South of Road 'A', would be required to remain a private road. The ,/ private rood would have minimum 26-feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5-feet and a 5-foot sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagrom to allow the turning of large trucks serving the post office is provided by the applicant. Signage must be provided by the developer ot the transition from the public to the private road. Deferred to Building Permit Approval Deferred Phose 2 of the FPUD Final PUD Report Staff Camment: The provided site plan depicts all street improvements as noted above to the satisfaction of the Plan Reviewer. ll} The centerline of Road 'A' shall align with the centerline of the main post office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Staff Comment: The provided site plan depicts the appropriate driveway alignment as noted above to the satisfaction of the Plan Reviewer. 12} The applicant shall be required to redesign the roads in order to provide a minimum of 20-foot wide paved drive lane, seporote from any required sidewalks. The revised site plan sholl be submitted to, and approved by, the Current Planning Project Manoger prior to construction permit/Final PUD approval whichever comes first. Staff Comment: The provided site plan depicts a minimum 20-foot wide paved drive lane as noted above to the satisfaction of the Current Planning Project Manager. 13} The applicant shall equip all tawnhomes with an approved fire sprinkler system due ta limited available fire flow and long dead end roadways at this site. Staff Comment: The applicant has indicated that all structures would be equipped with fire sprinkler systems. This condition will be verified at the time of building permit approval. 14} A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed comman parking spaces have appropriate sight distance. The revised site plan shall be submitted to, and approved, by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Staff Comment: The walls have been redesigned to allow for the separation as required. City of Renton Deportment of Community & E WHITMAN CDURT FINAL PUD (PHA 1ic Development Idministrotive Finol PUD Report & DeCIsIOn LUA14-001044,FPUD Report of March 13,2015 Page 7 of 15 Deferred to Final Plat Approval Deferred to Building Permit Approval Deferred to Building Permit Approval The proposed common parking spaces are sited within the second phase of the Final PUD and will be verified at the time of its submittal. 15) The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. A capy of the bylaws shall be submitted to, and approved by, the Current Planning Project Manager prior to canstruction permit/Final PUD approval whichever cames first. Staff Comment: Draft CC & R's were provided with the FPUD application. The CC & R's include the restriction of vehicle parking within the driveways. The CC & R's are required to be recorded prior to or concurrent with the Final Plat. 16) The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval for the bank. Staff Comment: The applicant has indicated that roof mounted equipment for the proposed bank has been provided. This condition will be verified at the time of building permit approval. 17) A revised site/landscape plan shall be submitted depicting intervening landscaping at no more than 7 stall intervals in arder ta reduce the visual impact of sUrface parking throughout the development. The revised site/landscape pian shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever cames first. Staff Comment: The provided site plan depicts intervening landscaping at no more than 7 stall intervals in order to reduce the visual impact of surface parking throughout the development (Exhibit 2). 18) The applicant shall submit a revised site plan depicting bicye/e parking in conformance with RMC4-4-080F.ll. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager priar to building permit/Final PUD approval whichever comes first. Staff Comment: A total of 12 bicycle parking stalls (10 reSidential and 2 commercial) are required for the first phase of development. Based on the provided plan set, 20 of those stalls would be provided within in the garages for the residential units. However, insufficient information was provided with the FPUD application to verify compliance with the standards in RMC 4-4-080F.l1.c. As such, staff recommends that compliance with condition 18 be provided with the building permit application. 19) The applicant shall be required to demonstrate how refuse and recye/ables would be picked up and where it would be located on pick-up doy to the satisfaction of the Current Planning Project Manager prior to Final PUD approval. ,/' Staff Comment: The applicant has submitted a revised plan for refuse and recyclables pickup which ensures truck access to all trash cans and provides adequate ADA travel throughout the neighborhood, including the construction of a concrete pad in Tract F, as shown for Lots 16-20. Additionally, the sidewalk is proposed to be widened in front of Lot 15 in order to accommodate trash receptacles for Lots 15 and 16. Finally, the applicant has added a concrete pad in the planter, south ofthe mailboxes, on Whitman Final PUD Report City of Renton Department of Community & E, lic Development dministrative Final PUD Report & Decision LUA14·001044,FPUD WHITMAN COURT FINAL PUD (PHAS Report of March 13,2015 Page 8 of 15 Ct for the benefit of Lots 5·10. Based on the revised plan the above condition has been met. 20) The applicant shall be required to revise the landscaping plan to enhance the landscaping/screening along NE 4 5t, primarily directly in front of the drive·thru bays. The revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. Staff shall apply this condition in a flexible manner in order to ,/ ensure that the security interests of the bank are not compromised. This condition may be revised as necessary by staff to accommodate any administrotive waiver to landscaping requirements authorized by City code. Deferred to Building Permit Approval Staff Comment: The provided landscape plan, approved on October 20, 2014, includes screening/fencing detail to the satisfaction of the Current Planning Project Manager (Exhibit 3). 21) The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Staff Comment: The applicant has indicated that the refuse and recyclable enclosure for the proposed bank is made of masonry, ornamental metal or wood, or some combination of the three, and has a roof. This condition will be verified at the time of commercial building permit approval. 22) The refuse and recycling facilities shall be screened with landscaping on a minimum of three sides. The revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit/Final PUD ,/ approVal whichever comes first. Final PUD Report Staff Comment: The provided landscape plan, approved on October 20, 2014, includes landscape screening for the refuse and recycling facilities on a minimum of three sides to the satisfaction of the Current Planning Project Manager (Exhibit 3). 23) The applicant shall be required to reduce the number of residential curb cuts along the internal rood system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to ,and approved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Staff Comment: With the FPUD the applicant submitted a revised plan which eliminates the number of curb cuts from the public street to the satisfaction of the Current Planning Project Manager (Exhibit 2). 24) The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Staff Comment: With the FPUD the applicant submitted a revised plan which depicts a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site to the satisfaction of the Current Planning Project Manager (Exhibit City of Renton Departmental Community & E WHITMAN COURT FINAL PUD (PHAS 'ic Development dministrative Final PUD Report & Decision LUA14-001044,FPUD Report of March 13, 2015 Page 9 of 15 Complionti! condition o! approval is met Camplianti! condition a! approval is met Final PUD Report 2). 25) The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western fa,ades of the commercial building. The revised elevations sholl be submitted to, and appraved by, the Current Planning Praject Manager priar to Final PUD or building permit approval whichever cames first. Staff Comment: The applicant submitted revised elevations as part of the FPUD application (Exhibits 5 and 6). Some of the conditioned detail elements are readily visible on the revised elevations however the applicant has noted additional elements could be presented at the time of building permit application. The revised elevations include contrasting materials (hardiboard beveled siding, wood braces,and entry stone) and modulation. Awnings and canopies have been included to provide special detailing along the ground floor for both the commercial and residential portions of the project. However, additional architectural elements are needed in order to meet the intent of this condition, and to ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment. In order to encourage building design that is more unique, urban in character, and is comfortable on a human scale, additional elements should be incorporated into the elevations. Staff recommends a condition of approval the applicant submit revised elevations which include additional architectural detailing to support a more distinctive design for the residential and commercial structures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant should consider the use of differing roof profiles, differing window sizes, lighting, additional braces, and/or additional changes in materials. 26) The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and color for the residential structures. The reVised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. The applicant may also want to consider the use of the brick, integrolly colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. Staff Comment: Two separate material boards were submitted for the commercial and residential portions of the project. Based on the elevations and the provided color schemes, all buildings would be finished with a combination of entry stone, painted beveled hardiboard siding, and roof shingles. See additional comments and condition of approval associated with Condition #25. 27) The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored cancrete masonry, pre-finished metal, stone, steel, glass, cast-in-place cancrete, or other high quality material. Staff Comment: Two separate material boards were submitted for the commercial and residential portions of the project. Based on the elevations and the provided color schemes all buildings would be finished with a combination of entry stone, painted beveled hardiboard siding, and roof shingles. Citv of Renton Department of Community & E WHITMAN COURT FINAL PUD (PHA nic Development ,dministrative Final PUD Report & Decision LUA14-001044,FPUD Report of March 13, 2015 Page 10 of 15 28) The applicant shall be required to pravide a lighting plan that adequately provides for public safety withaut casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative ,/ pedestrian scale lighting has been approved administrotively or is specifically listed Complianti/ condition 0/ approval is met as exempt fram provisions located in RMC 4-4-075 Lighting, Exterior On-Site. Staff Comment: The applicant submitted and had approved a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties during engineering permit review. 29) The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager priar to building permit approval. Staff Comment: With the FPUD the applicant submitted revised residential/commercial elevations. However, the elevations did not include ornamental lighting fixtures to the satisfaction of the Current Planning Project Manager. Therefore, this condition shall still be applied to the FPUD as compliance is verified at building permit application. 30) The applicant shall provide revised site plan demonstrating compliance with the private open space standard 0/ at least 15-/eet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager priar to Final PUD/building permit approval whichever cames first. This canditian may be modified as necessary by staff to conform ta any administrative waiver to the 15 faot standard gronted pursuant to City code. Staff Comment: Pursuant to RMC 4-9-250D the applicant requested an Administrative Modification from RMC 4-9-150E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. Each residential unit of the Whitman Court PUD appears to have private open space. However, the private open space does not appear to meet the minimum requirement of 15-feet in every dimension. The applicant ,/ is proposing a minimum of 75 square feet of private open space for each lot with no less than 7.s feet in every dimension. The proposed development is designed specifically to increase the access and opportunity for open space. The multiple open spaces throughout the site are well designed and provide a variety of recreational opportunities for both passive and active recreation. Both active and passive recreation areas are significantly larger than the standard code requirements for which its benefits would extend beyond the proposed development to the public. The Critical Areas Tract (Tract A) represents 35% of the gross land area of the site which would continue to be set aside for the preservation of critical areas and be used for passive/visual recreation. Additionally, the proposal includes seven recreation tracts totaling approximately 20,000 square feet. The proposed 20,000 square feet far exceeds the minimum code requirement of 50 square feet per unit (50 SF x 40 units = 2,000 SF). The trail proposed within Tract A would also provide approximately 4,800 square feet of passive recreation space for bird viewing and walking. Therefore the proposal was determined meet the objectives intended by the Code requirements. On July 2, 2015 an approval was issued for the Private Open Space modification (Exhibit 9). De/erred to 31) Prior to the issuance of any occupancy permit, the developer shall furnish a security Final PUD Report City oj Renton Department oj Community & E, WHITMAN COURT FINAL PUD (PHAS ic Development dministrative Final PUD Report & Decision WA14-001044,FPUD Report of March 13, 2015 Page 11 of 15 Final device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping Occupancy shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived, if a landscaping maintenance cantroct, with a reputable landscaping firm licensed to do business in the City of Renton, is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division. Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Occupancy ofthe commercial or residential buildings whichever comes first. 32) The applicant shall create a homeowner's association ta ensure that the private roods and other common facilities are adequately maintained. The CC&Rs shall Deferred to require the lot owners to maintain the common facilities and shall provide that the Final Plat City may maintain the facilities at the expense of the lot owners if the lot owners fail Approval to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat approval. ,/ 33) All proposed street names shall be approved by the City. 34} All adjacent rights-of-way and new rights-ot-way dedicated as part of the plat, Deferred to including streets, roads, and alleys, shall be graded ta their full width and the pavement and sidewalks shall be constructed as specified in the street standards or Final Plat deferred by the CED Administrotor or his/her designee. Approval Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat Approval. ~ 35} If staff has not already done so, staff shall assess the need for crosswalks as required by RMC 4-7-160(8} and require crosswalks as circumstances warrant. ~ 36} All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum rodius of fifteen feet (15 'i. ~ 37} Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 38) All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces ~ shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. Final PUD Report City of Renton Department of Community & E,' lic Development dministrative Final PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUD (PHAS Report of March 13, 2015 Page 12 of 15 39) Any cable TV conduits shall be undergrounded at the same time as other basic utilities ore installed to serve each lot. Conduit for service connections sholl be laid to each lot line by subdivider as to obviate the necessity for disturbing the street orea, including sidewalks, or alley improvements when such service connections ore extended to serve any building. The cost of trenching, conduit, pedestals and/or ./ vaults and laterals as well as easements, therefore required to bring service to the development, shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation ond capped. The cable TV company shall pravide maps and specifications to the subdivider and shall inspect the conduit and certify to the City thot it is praperly installed. 40) Monumenting and street signs shall be installed prior to final plat appraval os De/erred to required by RMC4-1-210. FinolPlat Approval Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat approval. B) SEPA Environmental Review Mltlg~ion Measures 1) All earthwork performed, implemented by the applicant, shall be consistent with the ./ recommendotions of the geotechnical report, prepared by Associated Earth SCiences, Inc., dated December 16,2013. 2) The applicant shall be required to design a Temporary Erasion and Sedimentation ./ Contral Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. I G. CONCLUSIONS: 1. The proposal complies with the Final PUD review criteria if all conditions of approval are met. z. The proposal is compliant and consistent with the plans, poliCies, regulations and approvals. 3. The proposal is compliant with all conditions of the Preliminary PUD and SEPA Environmental Review if all conditions of approval are met. 4. The second and final phase of the PUD would be required to be submitted prior to the expiration of the Preliminary PUD, June 11, 2019. 5. The request for Final Plat approval would be required to be submitted prior to the expiration of the Preliminary Plat, June 11, 2019. I H. DECISION: The proposed Final Planned Urban Development for Whitman Court PUD (Phase I), File No. LUA14-001044, FPUD is approved. The proposal is subject to the following conditions: 1. The applicant shall be required to install the wetland mitigation project in conformance with the approved plan, dated September 26,2014, prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings whichever comes first. Final PUD Report City of Renton Department of Community & f- WHITMAN COURT FINAL PUD (PHAS Report of March 13, 2015 ir: Development dministrative Final PUD Report & Decision LUA14-001044,FPUD Page 13 of 15 2. The applicant shall be required to record the easement for public access to the wetland trail prior to recording of the Final Plat or Final Occupancy, for the residential or commercial buildings whichever comes first. 3. The applicant shall submit revised elevations with additional architectural detailing on all sides of the residential buildings facing a street. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager, prior to the commercial building permit approval. 4. The applicant shall be required to dedicate one-foot behind the sidewalk for maintenance in addition to right-of-way dedication for the existing luminaire foundations along NE 4th 5t prior to/concurrent with recording of the Final Plat. 5. The applicant shall equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. 6. A minimum 2 feet of separation would be required between the face of any wall, and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to second phase of the Final PUD. 7. The applicant shall create a homeowner's association to ensure that the private roads and other common facilities are adequately maintained. The CC&Rs shall require the lot owners to maintain the common facilities and shall provide that the City may maintain the facilities at the expense of the lot owners if the lot owners fail to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. S. The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. The bylaws shall be recorded prior to Final Plat Approval. 9. The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to, and approved by, the Current Planning Project Manager prior to commercial building permit approval for the bank. 10. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC4-4- OSOF.l1. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 11. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 12. The applicant shall submit revised elevations which include additional architectural detailing to support a more distinctive design for the residential and commercial structures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant should consider the use of differing roof profiles, differing window sizes, lighting, additional braces, and/or additional changes in materials. 13. The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 14. Prior to the issuance of any occupancy permit (residential or commerCial), the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable Final PUD Report City of Renton Department of Community & Eco .: Development WHITMAN COURT FINAL PUD (PHASL . Report of March 13, 2015 ministrative Final PUD Report & Decision LUA14-001044,FPUD Page 14 of 15 landscaping firm licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division. 15. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the CED Administrator or his/her designee. 16. Monumenting and street signs shall be installed prior to final plat approval as required by RMC 4-7-210. Jennifer Henning, Planning Direct¥, TRANSMITTED this 13th day of March 2015 to the Contact/Applicant/Owner: Contact: Owner/Applicant: Eric LaBrie Paul Ebensteiner ESM Consulting Engineers, LLC 33400 8th Ave S Federal Way, WA 98003 Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 100; Bellevue, WA 98004 TRANSMITTED this 13th day of March 2015 to the Parties of Record: See attached Exhibit 8 TRANSMITTED this 13th day of March 2015 to the following: CE. "Chip" Vincent, CEO Administrator Steve Lee, Development Review Manager Vanessa Dolbee, Current Planning Manager Fire Marshal Land Use Action Appeols, Request for Reconsideration, & Expiration ~'II?'IU/)- Date The Final Planned Urban Development decision will become final if the decisions are not appealed within 14 days of the decision date. Appeals of the administrative decision must be filed in writing to the Hearing Examiner on or before 5:00 p.m. on March 27, 2015. APPEALS: An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $250.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) Final PUD Report City of Renton Department of Community & E WHITMAN COURT FINAL PUD (PHA: Report of March 13, 2015 lie Development dministrotive Fino! PUD Report & Decision LUA14-001044,FPUO Page 15 of 15 finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The applicant shall prepare and submit building permit applications which are accepted as substantially complete to the Department of Community and Economic Development within six (6) months of the effective date of approval. The developer shall complete the approved planned urban development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Community and Economic Development Administrator, unless a shorter time is designated. Failure to complete the planned urban development, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the planned urban development. Failure to submit a new application or to complete the planned urban development once construction has begun shall constitute abandonment of the planned urban development subject to subsection K of this Section. Expiration of any building permit issued for a planned urban development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the planned urban development requires a current approved planned urban development and a current building permit. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. RMC section 4-4-130 provides protection measures in order to preserve and protect the two trees during utility and building construction. The trees shall be fenced around the drip line and a sign posted that the tree is to be preserved, and the location of the trees shall be indicated on all utility construction plan sheets. The fencing shall be in place prior to the issuance of any utility construction permits and shall remain until the final inspection. Plan Review: 1. The transportation and utility details of the project will be as per the utility construction permit associated with this project. 2. Transportation impact fee will be applicable at the time of building permit. Final PUD Report ~ :::t Joot ta ~ ...., ilL !t', A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E, W.M., KING COUNTY, WA SE 128TH ST (KING COUNrY) l NE 4:~ .~; ~,~Z~TON) --------r~-----l I ~ :! 40 L; I "'""\:~~X, I,: A \ PHASE 1 ~ :' ' \ I / \ ' ,I, , / I TRA'O!fm" 'r--\. ii, ~'" 1--3"---1 '\ " --~-~\ ! -===~~\.-; ----;-;;- \: \ ~;;-- \ u,=:;iJ " \ ~;;: ) \' l (~TAACTD • \ \ \ --'-,-... \ --~.(§~~:. f SCALE: 1". 40' SHEET NO DESCRIPTION O\IERALL PlJ,T PLAN PUO-Ol PUD-02 puO-OJ fiNAl... PLANNED URBAN DEVELOPMENT PlAN aUILOINGSETaACKPl.JI.N LEGAL DESeR) PTION lor I e'.t\I' .. _9AlJ(OS><ORT ..... TN<l'lJ.O_O'_"._SH.LR'OORDED .... Q" Q.,O,," .os FlECORDING NO.20?90<09900002. REC'!"[)s or >(11<" ~OUNTY. ">SHINGTO~: E>t:E!'T ,....T""'!TIONC~OTCT"EC""OF"E'<·ON9·DELDR'coROEJu"[J["RECCR"'NG LOT l o· OIB~"",-9.'U(o 5I<0'l'f F'LlT NO .• u,o-02 "29-5><"_ "~CQ"DEO N'~L '. :000 AS REt:ORDING NO 20090«l990000~. RECO~D5 OF KING COUNT'r. W.I5"'NGTl),. TAACT" 0'-crrr 0'-R£f(f(lN LOT t:~E AIl<USTW[NT NOlJA-01-0<I0-LL.O OEco"o,n ~uGUST'8 =9 ~ RECOl;Ol_C _020QOO/l'~9:;.ooOI RKo.ns 0" ~"C 0"' .... §>ITED.~~ "~.~J. SF (' 0< .l,Cl '1.2"5' (. 00 AC: \ /, I' '---11'11-"':",(,[,.",: '\ \ \ -------] \ \, \ STOR'~~'i.~:i.,AG'[ , '" ~ \ \ "''''', PHASE 2 -. \ ' ~~~--! ;J _ l"''''GCA(COWWEIO,,,,,-'''''''R,,,,-) EXISTI"CuSE"M:»ITlNIO EXI""",, SlFIIJCTUOES' NO sn:oUCTUR,s ON ~Ir: pQOPOSED LSE. 31 TO"'NHOMES oI<!l.IN< PROPERTY OWNERS i..OllE:"AT .... ~_ CO\J~T LLe 1300 11"~ ,: .. r. ;E. ;um: 100 sn'EW ....... 9"OO. ~~.l,C6fP..ill'C~E9('<=~'" DEVELOPER L~:nER AT WHITIIAN COUiIT, L_C "OO,,.TH,,,,,-,,.sul','oo BElliWE.WAgllOQ.\ ~"'t;f..fr;~Ce""'!:'S-EINER GEOTECH ENGINEER ~;OC""TE:D EoU!TH Se'ENe,S "c ~'1 5T" ~VENU[ l:~.o.c5?7;;:~~; BLYIDN. Pf PLANNER/ENGINEER rs~ CONSU_T'NG E'fGNWlS Lee J:l'o:O !!To< ~'I[ 50.!"">. ,;O~ U"I"-",-6<·] CO".l,Cr ERIC L.O~.'E. ~CP SURVEYOR l~'g <:ENTAA. AIII'.: 5 UNIT J~ <Er<T"",r.8QJl (2~) 8'3_,.0. CO"A(:lNOR ..... E"""SON.l.S r II ,j! .' '\ '11 " m !i j~ g ...J Cl ;.: :JZ a: 0.. « ::J \L...J o I-0.. () II: I- Z :J « .: o...J :;; ()!L zj «« ~ t~ -I:;; II: ~ ~o ~ ...J PUD'01 A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E, W.M., KING COUNTY, WA n 'I I, 1" I' ,!f SE 128TH ST (KING COlJNTY) NE 4TH ST (RENTON) "''''',''''L'~''<'''' .=_"""":;;, -FI -.,,;;,..~ - ~~-:.'" 1-r,i!LI~U'~!~~MJ:J',"', "I Iflr. 1 i " )\1 \L:wr: Ii, ',I :;~"'''''\l\j "1,!' :~Fr"JL: I , ' ~Ji!', ,_ r-i 'I ' I \ " " j~~::TI_ , I '~:' \ '. '-:'~. I':' "~i\,~vJt:~~"" ;,~"'" i~~ \ ~" \ =K=~"" 1 ~ 1\~~! " \ (32.1211Sf') \('='~.+~~ " .... ~ 1M2 1,0211 1.052 I,OJII -I~'-' ...,.. PIJeUCI!lOHTO,. .... urs .E'S,O""",,,-LOT"""(l<E:Tl ---\ "" \ -- ~~!:.~".-1 \, \ =::: ' '."~~'-.. -' --C~~: .,' .,.>~ ~~.""'. :.' \ \ PHASE 2 \~ \ \ ~;~ -~ ': J:'-'JII'--I.'--:'.' =::--------' ~--r -HIIlI"IW"'",.,, ... LEGAL DESCRIPTION ~~;~4]i~J;if;o:~~:i~:~t;r~I~~~:'L LeT. 0'-RI"E",,-"""-'«l S>'ORl "",T NOlUA-O?-12'-'HPt RccORll£[) .F"R~ 9,2oo9,~S"ECOfl[l1NO"O"""'O_=,"[O""OSO'"''''COU''''' i I' I! III :;t~~~~,~.;:::,:;;: :f,:Z:;":"::;:::\:;':i,'~~,~~,,,,~ ~ ~,ooe 'I,I~7 SITE DATA t ,~'"~ "'''' "CO"", ,_, ",., " ,._., ~"~'."'O"~UN p_r 1 <72'1~' ('O!JI;;) WITHR~GARDTOTHE lO""" r;:A (OOU~ ""','<W..) ~~g...~YBSyU~;RE "",mNe LJ5£. """"""",0 POI~T'E.AND5HQMjaN D:!STING S-~UCTUR<S NO ;nIucru.os ON Sri! THIS SHEET DEVELOPMENT STANDARDS (CA) "_E1P"""","D"""""" 7",OU/."'O[ 105,,",,""""" "" 'UDl ... ,,-"""""" 'OO""'Nl0',O'T'<ROUOHSPRANONC""""''''''-1.S '00"_ I~' SlDE'NONE,,, 1F1.IlJ1CEN1'TO~E",DE"""""_ ""'" '''''IT" 10', 0' THFIO"OH SPR ,,"0 NO """'~ ......... , .fAR N()Nt, ,~' I' MIJ.oI::OO TO ",SIOENTL\l W", ~ .. 91.[><; '![J,,>I1' W ..,' ," W'"'O "5' 9UIOlI"C!> _ £11.00 coY[1I 6'~, ;~~ " "_M I'; <'fIOV1oro "SIO, "'< acn" 'ES'XN_ST>NCI'J!O ""<I.~POCMOCO 81 S°>J.," ~;S'XN_ HANOc.o;> ".<>1.,." sr ..... L.S P""",OEO :I S"JoI...5 UTILITY PROVIDERS """"'.' ."C[T SOU'~ E'<[J!CV OAS"uG[TSOu"O[OIERCY FIR,' C'l" or ""'<'ON DISTHIC'" '2~ SCHOOL Ol[WO. SCHOO. ~ISTHICT '400 PROPERTY OWNERS 1;100 11.THNI£ SE, sum:'oo ~6WIIC~;:11,:l8:"EN51('"(R DEVELOPER t~~~~'~~:.f~ SURVEYOR ~;~~~:':~:l8 PLANNER/ENGINEER GEOTECH ENGINEER ~~J,~..::"f7e}J~ BlYrO". 'r ~i j! ' • ~ II -Ii !I :h E fi r n i ~ m if, i'~ i~ (J -J -J ~ § ~ ::J 0. ~ o LL 9 (J f-~ Z (L..-CI ~ 6~~ U«~ ZIo "I'<! « :; ~ I! t: ~ w I ~ § ~ ~ -J PUO-02 ~ o ~ I: < 0 o " , . " --I --r- ',I ' I ,/ " .>, '/ N W (fJ « J: 0.. EXHIBIT 3 ".",,,,,,.,_ .. ,,., ."n """ ,,_y~_,~, :JTI 'siii!;ossv JdA!IO UU~iUl II~!:;::m!;~m 51"!! ~ -illil It .... ..-);o.,., n .. ~'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ &;ct<; .. Il .... "r,!Hlllr,!:! .. 1l " ~IIW 'IL~" ~I! ~ i I ~H~~ o -'128 64 128 Feel C~~ofRenton Financt: & IT nivi~ion Aerial Photo City and County Boundary 01her Ot~ of Ren18f1 Addresses Parcels 1st Floor 1st Floor 2nd Floor 1st Floor nthF!r Rllilrlinn!'; , Information Technology" GIS RentonMapSupport@Rentonw8.gov , 311312015 EXHIBIT 4 THIS MAP IS NOT TO BE USED FOR NAVIGATION Entire Document Available Upon Request I'~·~~m I!D=-~~ tEJ ~~-:-~:~~ ...... ~=...",:"""~.uoo",, .... _. =~~~C>~'A~~'~'~ ~;;7;:::::':;~ ~ ~~,:;~~:=:~ :!fT~~~::::~':~~~~~ t~,,~;.~"~!."~.-Hl =~~ @ ITJ~=~":.1''',~:'~, ~ ~"".c=~~~~V"'~"?"'-L =..~."'c'~·~""1,;'·~) =A~~,."~~""·" lB0i!'~"~,,';:~~~:':;':'~ .... , ~ ;:?~"t.':~'t'i;:=' ...... =..~;,c~~~c,,,, =~~~o"d...~t~~"''''' :~~~~~:~~~:~~~!;~@ BUILDING A -S~Uill ELEVATlO>l SCALE liS" -1'-0" I'~--~----~--~--~--~----~--EXHIBIT 5 I I I I BUILDING A -WEST ELEVA nON I S('ALF. 118" \'_0" C!:m ~:,.t.~i~. rRl :~'f::~~='~E==' (!L)::,:~.1""'@ ,.".",.. .. ""'. ____ .... -...oA. ~W,.i'..~=~ ~ r~~~i:F.>£~~=:' ~ ::~;3:-:===!:- ~~""""'""'-.. ...,"""",.." ...... ~, ~ ~.~":.._:_:C.~"' ... "'i' ......... ~ !:~~==:"'~...,J ....... ~~~~~.;!'A~ .. ~,~ B) ~~i~~::O~~~~ 1L@ ...... __ Nlt~ .. "'-A>< ~:>il1 ... ~--+"'='--! C/) ~ Z , 0 ~ i= , < ~ iii '...J ~ W 1 < ~ <!:J ~ z ~i5 , ...J ~ 5 ! II> (E) Bldg A CD ~UTH ELEVA TlON EXHIBIT 6 lOlQ"ERJOR MAKRW,S u;<:lENQ _~n_llt.1T"-~IR(>()F~I<DOW;' -" ~"' II1II'" Washington Federal. invested herr ~~ S •• ",. WA D01" ... ~~:.;_ l 'N\~Ei~.!. JG' ,",u """ ,.:.,1 ~~ ;~:: ~::::~ ~~",~' ..... (Il-') -~~~!~~~::r~ "",,~~~ '~~~ -------"-;O:~_0 -----~'!~~~ ---"~,,~~ <O."_;~," _ .r'".!c!;;~-0- ------~'!I~,-0- <I. a::r: ~O ~ ~~ :z: rn l'5 § ~~ I'w ~a: :;= \I~ l"'c(<.t"''' >\f'lO ",,' -"!!'Ll,'.'--~"""'-"fl~)' ~~~.~ ""I"'" _83.1 Entire Document Available Upon Requesl CERTIFICATE OF ARTICLES OF INCORPORATION FOR WHITMAN COURT COMMUNITY ORGANIZATION A Washington Nonprofit Corporation In compliance with the requirements of Revised Code of Washington chapter 24.03. as amended, Whitman Court Community Organization, a nonprofit corporation, hereby adopts this Certificate of Articles of Incorporation for Whitman Court Community Organization. ARTICLE I Name The name of this corporation is WHITMAN COURT COMMUNITY ORGANIZATION. ARTICLE II Duration The period of duration of this corporation shall be perpetual. ARTICLE III Purpose The purposes for which this corporation is organized are to promote the welfare and interests of the residents of the Whitman Court Development as defined by the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington by administering and enforcing the protective covenants governing the use of the property in the development. approving plans for improvements of lots in the development in accordance with the protective covenants, engaging in civic improvements and development activities, acquiring, owning, improving, managing, repairing, maintaining and operating real and personal property for the benefit of its members, and to do such things as may be necessary and convenient to accomplish all such purposes. ARTICLE IV Internal Regulations Section 1. Lots. As used in these Articles, Lot or Lots shall refer to Lots which are described in the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington. Section 2. Memberships. There shall be a maximum of one membership in this corporation for each Lot and no more memberships. Membership in this corporation shall be appurtenant to and not severable from such fee ownership interest and shall transfer and terminate with transfers and termination of such interests without further action on the part of this corporation or its several members. Membership shall stand in the name or names of the persons who from time to time are record fee title owners of lots. The holders of the memberships shall be members of this corporation. Section 3. Assessments. Each membership shall be subject to assessment in an amount determined by the Directors for administrative costs of the corporation and for Articles of Incorporation Whitman Court Draft Articles.docx EXHIBIT 7 ':\ './ .......... Paul Ebensteiner 1300 114th Ave SE, 100 Bellevue, WA 98004 (425) 635·3938 paule@loziergroup.com ....... - Verity Swearingen 4312 NE 2nd Ct Renton, WA 98059 (206) 384-5388 Whitman Court PUD LUA 14-000295 PARTIES OF RECORD ConIo<t ESM Consulting Engineers llC 33400 8th Ave 5 Federal Way, WA 98003 (2S3) 838-6113 eric.labrie@esmciviLcom Party of Recotd Jeffrey Thomson 272 Vashon PI NE Renton, WA 98059 """" 58 16 Ribera Balca lLC 190 Queen Anne Ave N, 100 Seattle, WA 98109 EXHIBIT 8 Pagelofl DEPARTMENT OF COM,mJNITY AND ECONOMIC DEVELOPMENT -ire Document Available Upon Request ADMINISTRATIVE MODIFICATION [8J APPROVAL 0 DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING CLASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Whitman Court PUD -Private Open Space Modification lUA14-000295 Rocale TImmons, Senior Planner Paul Ebensteiner Lozier at Whitman Court lLC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 Commercial Arterial (CA) 4425 NE 4th St and 351 Whitman Court NE Pursuant to RMC 4-9-250D the applicant is requesting an Administrative Modifications from RMC 4-9-ls0E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. BACKGROUND: The applicant requested Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi-family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (Ce) land use designation. The development would be comprised of 10 separate multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct NE. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The PPUD would be used to vary lot, landscaping street, setback, parking, deSign, and refuse and recycle standards. The applicant proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. On June 11, 2014 the City's Hearing Examiner issued an approval of the Whitman Court PUD subject to 40 conditions of approval. Specifically related to private open space Condition #30 states: EXHIBIT 9 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FINAL PLANNED URBAN DEVELOPMENT REPORT & DECISION REPORT DATE: Project Nome: Owner: Applicant: Contact: File Number: Project Manager: Project Summary: March 13, 2015 Whitman Court FPUD, Phase I Washington Federal; 425 Pike St; Seattle, WA 98101 Paul Ebensteiner; Lozier at Whitman Court LLC; 1300 114th Ave SE, Suite 100; Bellevue, WA98004 Eric LaBrie; ESM Consulting Engineers, LLC; 33400 8th Ave S; Federal Way, WA 98003 LUA14-001044, FPUD Rocale Timmons, Senior Planner The applicant is requesting a Final Planned Urban Development (FPUD) for the first of two phases of the Whitman Court PUD (LUA14-000295). The City's Hearing Examiner approved the Preliminary Planned Urban Development on June 11, 2014 subject to 40 conditions of approval. The first phase includes the construction of 20 (of the approved 40) zero lot line town homes and the 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. Phase 1 would be comprised of 4 (of 8 total) multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The approved Preliminary PUD was used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Project Location: 4425 NE 4th St and 351 Whitman Court NE Site Area: 5.12 acres Project Location Map Whitman Court Pahse / FPUD Report_WA14-001044 City of Renton Department of Community & Economic Development WHITMAN COURT FINAL PUD (PHASE I) Administrative Final PUD Report & Decision LUA14-001044,FPUD Report of March 13, 2015 I A. EXHIBITS: Exhibit 1: Whitman Court Final PUD (Phase I) Report and Decision Exhibit 2: Final PUD Plan (Phase I) Exhibit 3: Approved Landscape Plan/Wetland Enhancement Plan Exhibit 4: Aerial Photo Exhibit 5: Residential Building Elevations Exhibit 6: Commercial Building Elevations Exhibit 7: Draft CC&R's Exhibit 8: Parties of Record Exhibit 9: Private Open Space Administrative Modification, July 2, 2014 I B. GENERAL INFORMATION: 1. Owner(s) of Record: Washington Federal Bank 425 PikeSt Seattle, WA 98101 2. 20ning Classification: Commercial Arterial (CA) Commercial Corridor (CC) Vacant 3: Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: a. North: Mixed Retail (CA zone) b. East: United State Postal Service Office (CA zone) c. South: Multi-Family Residential (R-IO) d. West: Critical Areas and Mixed Retail (CA zone) 6. Site Area: 5.12 acres F. ADMINSTRATIVE FINAL PLANNED URBAN DEVELOPMENT REVIEW FINDINGS OF FACT: Page 2 of 15 1. The applicant is requesting approval of a Final Planned Urban Development for the first phase of Whitman Court PUD which includes the construction of Lots 1-20 (of the approved 40) zero lot line town homes and the 2,657 square foot commercial bank on the 41" lot. 2. On June 11, 2014 the subject project received approval for the Preliminary Planned Urban Development including Preliminary Plat approval with 40 conditions of approval, City File number LUA14-00029S. No appeals of the Hearing Examiner decision were filed. 3. Phase II of the FPUD would include construction of Lots 21-40. The applicant.would be required to apply for and have granted Phase II of the FPUD prior to the expiration of the Preliminary PUD, June 11, 2019. 4. The PUD would be used to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The proposal included the preservation of the wetland on site and buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Final PUD Report City of Renton Department of Community & Ec( : Development WHITMAN COURT FINAL PUO (PHASE '1 Report of March 13, 2015 T1inistrative Final PUD Report & Decision LUA14-001D44,FPUD Page 3 of 15 5_ Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on April 21, 2014, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Whitman Court PUD. The DNS-M included two mitigation measures. A 14- day appeal period commenced on April 25, 2014 and ended on May 9, 2014. No appeals of the threshold determination were filed. 6. The Planning Division of the City of Renton accepted the above master application for review on August 4, 2014 and determined complete On August 7, 2014. The project was placed on hold on September 30, 2014 pending receipt of additional materials. The project was taken off hold on February 9, 2015. Therefore, the project complies with the 120-day review period. 7. The subject site forms an "L" shape and is bordered by NE 4th St to the north, and by residential and commercial uses to the east, west, and south. S. The property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation, the Commercial Arterial (CA) zoning classification, and Design District '0'. 9. The project site is comprised of three parcels created as part of the Ribera Balko Short Plat (LUA02-129) and is currently vacant. 10_ After deducting 32,446 square feet for right-of-way dedications, 3,841 square feet for access easements, and 32,126 square feet for critical areas from the 223,073 gross square footage of the site, the net square footage would be 154,660 square feet (3.55 net acres). The 40 unit proposal would arrive at a net density of 11.14 dwelling units per acre (40 units I 3.55 acres = 11.t4 dulac). 11 The following table are proposed approximate lot sizes forthe Phase I Lots 1-20 and 41· , Lot Lot Size SF Lot Lot Size SF Lot 1 950 LotH 1,436 Lot 2 997 Lot 12 1,028 Lot3 1,045 Lot 13 1,051 Lot4 1,092 Lot 14 1,581 LotS 1,296 Lot 15 1,651 Lot 6 904 Lot 16 1,053 Lot 7 838 Lot 17 1,039 LotB 833 Lot 18 1,053 Lot9 827 Lot 19 1,031 Lot 10 1,062 Lot 20 1,317 Lot 41 32,144 12. Access would be provided via a series of private roads, alleys and driveways extended from Whitman Court NE. A limited right inlright out access entry along NE 4th St, in the western portion of the site, is also being proposed for the commercial bank site (Lot 41). 13. Residential parking is provided in private garages. Commercial parking in the amount of 17 surface parking stalls would be proVided in a surface parking area to the east and west ofthe bank structure. 14. Maplewood Creek flows south along the western border of the site and exits through the middle of the southern border. Two wetlands have been identified on the site one of which straddles Maplewood Creek along the western portion of the property. A second, isolated, wetland was delineated along the southern portion ofthe property. 15. The subject site is located in Zone 2 of the Aquifer Protection Area and contains sensitive slopes. 16_ No public or agency comments were received for the FPUD. Final PUD Report City of Renton Deportment of Communi Economic Development Administrative Finol PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUO (PHASE I) Report of March 13, 2015 Page 4 of 15 17. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report. 18. The proposal requires Final Planned Urban Development Review. The plan shall be reviewed for substantial conformance with the approved preliminary plan and consistency with the purposes and review criteria of RMC 4-9-150G. The following table contains project elements intended to comply with the 40 conditions of approval of the Preliminary Planned Urban Development/Preliminary Plat approval and the two mitigation measures issued as a part of SEPA review under City File number LUA14-000295: Compliant if condition of approval is met Final PUD Report 1) The applicant shall comply with the two mitigatian measures issued as part af the Determination of Non-Significance Mitigated, dated April 21, 2014. Staff Comment: See compliance analysis below under subsection B) SEPA Environmental Review. 2) A final wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann-Oliver Mitigation Plan shall be submitted to, and approved by, the Current Planning Project Manager priar to construction permit/Final PUD approval whichever comes first. Additionally, order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, ta maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant wauld be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first. Staff Comment: The applicant has submitted a Final Wetland Mitigation Plan, dated September 26, 2014 (Exhibit 3). The mitigation plan was approved on October 20, 2014. The applicant is proposing to install the mitigation project prior to the recording of the plat and as a result has provided a surety deVice in an amount necessary to guarantee the installation of the plantings, signage, and fencing. Therefore staff recommends, as a condition of FPUD approval, the applicant be required to install the wetland mitigation project in conformance with the approved plan, dated September 26, 2014, prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings whichever comes first. 3) The applicant shall submit a screening/fencing detail plan. The screening/fencing detail plan shall be submitted to, and approved by, the Current Planning Praject Manager prior to PUD/Final Plat approval whichever comes first. Staff Comment: The provided landscape plan, approved on October 20, 2014, includes screening/fencing detail to the satisfaction of the Current Planning Project Manager (Exhibit 3). 4) The applicant shall provide interpretative sign age/information at the trail entrance along NE 4th St and at the northern most lookout along the trail. The site plan depicting the signage shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final Plat approval whichever comes first. City of Renton Department of Community & Ecc Development ninistratlve Final PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUD (PHASE '/ Report of March 13, 2015 Page 5 of 15 Compliant if condition of approval is met Compliant if conditian af approvolis met Deferred to Final Plat Approval Final PUD Report Staff Comment: The provided wetland mitigation plan, approved on October 17, 2014, includes interpretative sign age/information at the trail entrance to the satisfaction of the Current Planning Project Manager (Exhibit 3). 5) An easement shall be recorded memorializing the public access to the wetland trail prior to Final PUD/Final Plat Recording whichever comes first. Staff Comment: A draft public access easement was submitted with the FPUD, which appears to be acceptable for recording. Staff recommends, as a condition of approval, the applicant shall be required to record the easement for public access to the wetland trail prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings, whichever comes first. 6) The applicant shall provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever cames first. Staff Comment: The provided landscape plan was reviewed and approved by the Current Planning Project Manager on October 20,2014 (Exhibit 3). 7) The applicant shall amend the landscape plan to reflect plants with a maturity height of 6-feet and 100% obscurity for the entire length of the modified 5-foot wide visuol barrier along the eastern portion of the southern property line. The revised landscape plan shall be submitted to, and approved by, the Current Plonning Project Manager prior to construction permit/Final PUD approval, whichever comes first. Staff Comment: The approved landscape plan, approved on October 20, 2014, reflects plants with a maturity height of 6-feet and 100% obscurity for the entire length of the modified 5-foot wide visual barrier along the eastern portion of the southern property line (Exhibit 3). 8) The applicant shall revise the elevation so that garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. Staff Comment: The applicant has incorporated porches on all reSidential buildings in which garage doors can be viewed from the street. However, additional design elements should be incorporated into the first story including additional glazing, lighting, etc. in order to comply with this condition of approval. Therefore, staff recommends, as a condition of approval, the applicant submit revised elevations with additional architectural detailing on all sides of the reSidential buildings facing a street. The revised elevations shall be submitted to, and approved by the Current Planning Project Manager, prior to the commercial building permit approval. 9) The applicant shall be required to dedicate i-foot behind the sidewalk Jor maintenance in addition to right-oj-way dedication for existing luminaire faundations along NE 4th 5t. The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUD approval whichever comes first. City of Renton Department of CommuflI Economic Development Administrative Final PUD Report & Decision LUAl4-001044,FPUD WHITMAN COURT FINAL PUD (PHASE II Report of March 13, 2015 Page 6 of 15 Staff Comment: The provided site plan depicts a dedication of one-foot behind the sidewalk along NE 4th St, however the applicant is proposing to formally dedicate the area as part of the Final Plat. Therefore staff recommends, as a condition of approval, the applicant shall be required to dedicate 1-foot behind the sidewalk for maintenance in addition to right-of-way dedication for the existing lumina ire foundations along NE 4th St prior to or concurrent with the recording of the Final Plat. 10) A revised site pion shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first, depicting the following: North of Road 'A', the required planter strip adjacent to the bonk site would be 8-feet, the sidewalk would be 5 feet, the existing 32-foot paved public road portion would remain, to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required; South of Road 'A', would be required to remain a private road. The or private road would have minimum 26-feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5-feet and a 5-foat sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagram to allow the turning of large trucks serving the post office is provided by the applicant. Signage must be provided by the developer at the tronsitian from the public to the private road. Deferred to Building Permit Approval Deferred Phase 2 of the FPUD Final PUD Report Staff Comment: The provided site plan depicts all street improvements as noted above to the satisfaction of the Plan Reviewer. 11) The centerline of Rood 'A' shall align with the centerline of the main post Office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Staff Comment: The provided site plan depicts the appropriate driveway alignment as noted above to the satisfaction of the Plan Reviewer. 12) The applicant shall be required to redesign the roads in order to provide a minimum of 20-foot wide paved drive lane, separate from any required sidewalks. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Staff Comment: The provided site plan depicts a minimum 20-foot wide paved drive lane as noted above to the satisfaction of the Current Planning Project Manager. 13) The applicant shall equip all tawnhames with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Staff Comment: The applicant has indicated that all structures would be equipped with fire sprinkler systems. This condition will be verified at the time of building permit approval. 14) A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to, and approved, by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Staff Comment: The walls have been redesigned to allow for the separation as required. City of Renton Department of Community & Ec 'c Development ministrative Final PUD Report & DeCision LUA14-001044,FPUD WHITMAN CDURT FINAL PUD (PHASE 'I Report of March 13, 2015 Page 7 of 15 Deferred to Final Plat Approval Deferred to Building Permit Approval Deferred to Building Permit Approval The proposed common parking spaces are sited within the second phase of the Final PUD and will be verified at the time of its submittal. 15) The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. A copy of the bylaws shall be submitted ta, and approved by, the Current Planning Project Manager prior to construction permit/Finol PUD approval whichever comes first. Staff Comment: Draft CC & R's were provided with the FPUD application. The CC & R's include the restriction of vehicle parking within the driveways. The CC & R's are required to be recorded prior to or concurrent with the Final Plat. 16) The applicant sholl provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to, and approved by, the Current Planning Project Manager prior ta building permit approval for the bank. Staff Comment: The applicant has indicated that roof mounted equipment for the proposed bank has been provided. This condition will be verified at the time of building permit approval. 17) A revised site/landscape plan shall be submitted depicting intervening landscaping at no mare than 7 stall intervals in order ta reduce the visual impact of sUrface parking throughout the development. The revised Site/landscape pion shoil be submitted to, ond opproved by, the Current Plonning Project Monoger prior to construction permit/Finol PUD approvol whichever comes first. Staff Comment: The provided site plan depicts intervening landscaping at no more than 7 stall intervals in order to reduce the visual impact of surface parking throughout the development (Exhibit 2). 18) The applicant sholl submit 0 revised site plan depicting bicycle parking in conformance with RMC4-4-080F.11. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. Staff Comment: A total of 12 bicycle parking stalls (10 residential and 2 commercial) are required for the first phase of development. Based on the provided plan set, 20 of those stalls would be provided within in the garages for the residential units. However, insufficient information was provided with the FPUD application to verify compliance with the standards in RMC 4-4-080F.l1.c. As such, staff recommends that compliance with condition 18 be provided with the building permit application. 19) The applicant shall be required to demonstrate how refuse and recyclobles would be picked up ond where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager prior ta Final PUD approval. ,/ Staff Comment: The applicant has submitted a revised plan for refuse and recyclables pickup which ensures truck access to all trash cans and provides adequate ADA travel throughout the neighborhood, including the construction of a concrete pad in Tract F, as shown for Lots 16-20. Additionally, the sidewalk is proposed to be widened in front of Lot 15 in order to accommodate trash receptacles for Lots 15 and 16. Finally, the applicant has added a concrete pad in the planter, south of the mailboxes, on Whitman Final PUD Report City of Renton Department of Communi Economic Development Administrative Final PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUO (PHASE I) Report of March 13,2015 Page 8 of 15 Ct for the benefit of Lots 5-10. Based on the revised plan the above condition has been met. 20) The applicant shall be required to revise the landscaping plan to enhance the landscaping/screening along NE 4 St, primarily directly in front of the drive-thru bays. The revised landscape plan shaJ/ be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. Staff shall apply this condition in a flexible manner in order to ,/ ensure that the security interests of the bank are not compromised. This condition may be revised as necessary by stoff to accommodate any administrotive waiver to landscaping requirements authorized by City code. Deferred to Building Permit Approval Final PUD Report Staff Comment: The provided landscape plan, approved on October 20, 2014, includes screening/fencing detail to the satisfaction of the Current Planning Project Manager (Exhibit 3). 21) The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Staff Comment: The applicant has indicated that the refuse and recyclable enclosure for the proposed bank is made of masonry, ornamental metal or wood, or some combination of the three, and has a roof. This condition will be verified at the time of commercial building permit approval. 22) The refuse and recycling facilities shall be screened with landscaping on a minimum af three sides. The revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to constructian permit/Final PUD approval whichever comes first. Staff Comment: The provided landscape plan, approved on October 20, 2014, includes landscape screening for the refuse and recycling facilities on a minimum of three sides to the satisfaction of the Current Planning Project Manager (Exhibit 3). 23) The applicant shall be required to reduce the number of residential curb cuts alang the internal road system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to ,and appraved by, the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Staff Comment: With the FPUD the applicant submitted a revised plan which eliminates the number of curb cuts from the public street to the satisfaction of the Current Planning Project Manager (Exhibit 2). 24) The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Staff Comment: With the FPUD the applicant submitted a revised plan which depicts a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site to the satisfaction of the Current Planning Project Manager (Exhibit City of Renton Department of Community & feo Development ninistrative Final PUD Report & Decision LUA14-001044,FPUO WHITMAN COURT FINAL PUD (PHASE I) Report of March 13, 2015 Page 9 of 15 Complionti/ condition 0/ approval is met Complionti/ condition 0/ approval is met Final PUD Report 2). 25) The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western fa,ades of the commercial bUilding. The revised elevations shall be submitted to, and appraved by, the Current Planning Project Manager prior to Final PUD or building permit appraval whichever comes first. Staff Comment: The applicant submitted reVised elevations as part of the FPUD application (Exhibits 5 and 6). Some of the conditioned detail elements are readily visible on the revised elevations however the applicant has noted additional elements could be presented at the time of building permit application. The revised elevations include contrasting materials (hardiboard beveled siding, wood braces, and entry stone) and modulation. Awnings and canopies have been included to provide special detailing along the ground floor for both the commercial and residential portions of the project. However, additional architectural elements are needed in order to meet the intent of this condition, and to ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment. In order to encourage building design that is more unique, urban in character, and is comfortable on a human scale, additional elements should be incorporated into the elevations. Staff recommends a condition of approval the applicant submit revised elevations which include additional architectural detailing to support a more distinctive design for the residential and commercial structures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant should consider the use of differing roof profiles, differing window sizes, lighting, additional braces, and/or additional changes in materials. 26) The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and color for the residential structures. The revised elevations shall be submitted to, and approved by, the Current Planning Praject Manager prior ta building permit/Final PUD appraval whichever comes first. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. Staff Comment: Two separate material boards were submitted for the commercial and residential portions of the project. Based on the elevations and the provided color schemes, all buildings would be finished with a combination of entry stone, painted beveled hardiboard siding, and roof shingles. See additional comments and condition of approval associated with Condition #25. 27) The applicant shall submit a materials board subject to the approval af the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination af brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass, cast-in-place concrete, or other high quality material. Staff Comment: Two separate material boards were submitted for the commercial and residential portions of the project. Based on the elevations and the provided color schemes all buildings would be finished with a combination of entry stone, painted beveled hardiboard Siding, and roof shingles. City of Renton Deportment ofCommun, Economic Development WHITMAN COURT FINAL PUD (PHASE I) Administrative Final PUD Report & Decision LUA14-001044,FPUO Report of March 13, 2015 Page 10 of 15 28) The applicant shall be required ta provide a lighting plan that adequately provides for public safety without costing excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative .r pedestrian scale lighting has been approved administratively or is specifically listed Complianti/ condition 0/ approval is met as exempt from provisions located in RMC 4-4-075 Ughting, Exterior On-Site. Staff Comment: The applicant submitted and had approved a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties during engineering permit review. 29) The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. Staff Comment: With the FPUD the applicant submitted revised residential/commercial elevations. However, the elevations did not include ornamental lighting fixtures to the satisfaction of the Current Planning Project Manager. Therefore, this condition shall still be applied to the FPUD as compliance is verified at building permit application. 30) The applicant shall provide revised site plan demonstrating compliance with the private open space standard of at least 15-feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. This condition may be modified as necessary by staff to conform to any administrative waiver to the 15 foot standard granted pursuant to City code. Staff Comment: Pursuant to RMC 4-9-250D the applicant requested an Administrative Modification from RMC 4-9-150E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. Each residential unit of the Whitman Court PUD appears to have private open space. However, the private open space does not appear to meet the minimum requirement of is-feet in every dimension. The applicant .r is proposing a minimum of 75 square feet of private open space for each lot with no less than 7.5 feet in every dimension. The proposed development is designed specifically to increase the access and opportunity for open space. The multiple open spaces throughout the site are well designed and provide a variety of recreational opportunities for both passive and active recreation. Both active and passive recreation areas are significantly larger than the standard code requirements for which its benefits would extend beyond the proposed development to the public. The Critical Areas Tract (Tract A) represents 35% of the gross land area of the site which would continue to be set aside for the preservation of critical areas and be used for passive/visual recreation. Additionally, the proposal includes seven recreation tracts totaling approximately 20,000 square feet. The proposed 20,000 square feet far exceeds the minimum code requirement of 50 square feet per unit (50 SF x 40 units = 2,000 SF). The trail proposed within Tract A would also provide approximately 4,800 square feet of passive recreation space for bird viewing and walking. Therefore the proposal was determined meet the objectives intended by the Code requirements. On July 2, 2015 an approval was issued for the Private Open Space modification (Exhibit 9). De/erred to 31) Prior to the issuance of any occupancy permit, the developer shall furnish 0 security Final PUD Report City of Renton Department of Community & Em Development linJstrative Final PUD Report & DecisIOn LUA14-001044,FPUD WHITMAN COURT FINAL PUD (PHASE 'I Report of March 13, 2015 Page 11 of 15 Final device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping Occupancy shall be planted within one year of the dote of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived, if a landscaping maintenance contract, with a reputable landscaping firm licensed to do business in the City of Renton, is executed and kept active for a 2 year period. A copy of such controct shall be kept on file with the Planning Division. Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Occupancy of the commercial or residential buildings whichever comes first. 32) The applicant shall create a homeowner's association to ensure that the private roads and ather common facilities are adequately maintained. The CC&Rs shall De/erred to require the lot owners to maintain the common facilities and shall provide that the Final Plat City may maintain the facilities at the expense of the lot owners if the lot owners fail Approval to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat approval. .r 33) All proposed street names shall be approved by the City. 34) All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, De/erred to including streets, roads, and alleys, shall be graded to their full width and the Fino/Plat pavement and sidewalks shall be constructed as specified in the street standards or Approval deferred by the CED Administrator or his/her designee. Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat Approval. ,f 35) If staff has not already done so, staff shall assess the need for crosswalks as required by RMC 4-7-160(8} and require crass walks as circumstances warrant. ,f 36) Alliat carners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15 '). ,f 37} Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 38) All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces ,f sholl be installed, including all service connections, as approved by the Department. Such installation sholl be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. Final PUD Report City of Renton Department of Communi Economic Devefopment Administrative Final PUD Report & Decision LUA14-001044,FPUD WHITMAN COURT FINAL PUD (PHASE I) Report of March 13,2015 Page 12 of 15 39) Any cable TV conduits shall be undergraunded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or ./ vaults and laterals as well as easements, therefore required to bring service to the development, shall be borne by the developer and/or land owner. The subdiVider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide mops and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. Deferred to Flna/P/at 40) Monumenting and street signs shall be installed prior to final plat approval as required by RMC4-7-210. Approval Staff Comment: Staff recommends that the abovementioned condition be retained and deferred to Final Plat approval. 8) SEPA Environmental Review Mltiptlon Measures 1) All earthwork performed, implemented by the applicant, shall be consistent with the ./ recommendotions of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. 2) The applicant shall be required to design a Temporary Erosion and Sedimentation ./ Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. G. CONCLUSIONS: 1. The proposal complies with the Final PUD review criteria if all conditions of approval are met. 2. The proposal is compliant and consistent with the plans, policies, regulations and approvals. 3. The proposal is compliant with all conditions of the Preliminary PUD and SEPA Environmental Review if all conditions of approval are met. 4. The second and final phase of the PUD would be required to be submitted prior to the expiration of the Preliminary PUD, June 11, 2019. 5. The request for Final Plat approval would be required to be submitted prior to the expiration of the Preliminary Plat, June 11, 2019. I H. DECISION: The proposed Final Planned Urban Development for Whitman Court PUD (Phase I), File No. LUA14-D01044, FPUD is approved. The proposal is subject to the following conditions: 1. The applicant shall be required to install the wetland mitigation project in conformance with the approved plan, dated September 26, 2014, prior to recording of the Final Plat or Final Occupancy for the residential or commercial buildings whichever comes first. Final PUD Report City of Renton Department of Community & ECl Development WHITMAN COURT FINAL PUD (PHASE I) Report of March 13,2015 ninistrative Final PUD Report & DeCision WA14-001044,FPUD Page 13 of 15 2. The applicant shall be required to record the easement for public access to the wetland trail prior to recording of the Final Plat or Final Occupancy, for the residential or commercial buildings whichever comes first. 3. The applicant shall submit revised elevations with additional architectural detailing on all sides of the residential buildings facing a street. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager, prior to the commercial building permit approval. 4. The applicant shall be required to dedicate one-foot behind the sidewalk for maintenance in addition to right-of-way dedication for the existing luminaire foundations along NE 4th St prior to/concurrent with recording of the Final Plat. 5. The applicant shall equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. 6. A minimum 2 feet of separation would be required between the face of any wall, and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to second phase ofthe Final PUD. 7. The applicant shall create a homeowner's association to ensure that the private roads and other common facilities are adequately maintained. The CC&Rs shall require the lot owners to maintain the common facilities and shall provide that the City may maintain the facilities at the expense of the lot owners if the lot owners fail to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. 8. The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. The bylaws shall be recorded prior to Final Plat Approval. 9. The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to, and approved by, the Current Planning Project Manager prior to commercial building permit approval for the bank. 10. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC4-4- 080F.11. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 11. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 12. The applicant shall submit revised elevations which include additional architectural detailing to support a more distinctive design for the residential and commercial structures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant should consider the use of differing roof profiles, differing window sizes, lighting, additional braces, and/or additional changes in materials. 13. The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 14. Prior to the issuance of any occupancy permit (residential or commercial), the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable Final PUD Report City of Renton Department of Community __ conomic Deve{opment WHITMAN COURT FINAL PUD (PHASE I) Report of March 13, 2015 Administrative Final PUD Report & Decision LUA14-001044,FPUD Page 14 of 15 landscaping firm licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning DiVision. 15. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the CED Administrator or his/her designee. 16. Monumenting and street signs shall be installed prior to final plat approval as required by RMC 4-7-210. Jennifer Henning, Planning Director TRANSMITTED this 13'h day of March 2015 to the Contact/Applicant/Owner: Contact: Owner/Applicant: Eric LaBrie Paul Ebensteiner ESM Consulting Engineers, LLC Lozier at Whitman Court LLC 33400 8th Ave S 1300 114th Ave SE, Suite 100; Bellevue, Federal Way, WA 98003 WA 98004 TRANSMITTED this 13th day of March 2015 to the Parties of Record: See attached Exhibit 8 TRANSMITTED this 13th day of March 2015 to the following: c.E. "Chip" Vincent, CEO Administrator Steve Lee, Development Review Manager Vanessa Dolbee, Current Planning Manager Fire Marshal Land Use Action Appeals, Request for Reconsideration, & Expiration 511?;/~UI)- Date The Final Planned Urban Development decision will become final if the deciSions are not appealed within 14 days of the decision date. Appeals of the administrative decision must be filed in writing to the Hearing Examiner on or before 5:00 p.m. on March 27, 2015. APPEALS: An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $250.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) Final PUD Report Ciry of Renton Department of Community & Ec C Development WHITMAN COURT FINAL PUD (PHASE I} Report of March 13, 2015 ministrative Final PUD Report & Decision WA14-001044,FPUD Page 15 of 15 finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The applicant shall prepare and submit building permit applications which are accepted as substantially complete to the Department of Community and Economic Development within six (G) months of the effective date of approval. The developer shall complete the approved planned urban development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Community and Economic Development Administrator, unless a shorter time is deSignated. Failure to complete the planned urban development, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the planned urban development. Failure to submit a new application or to complete the planned urban development once construction has begun shall constitute abandonment of the planned urban development subject to subsection K of this Section. Expiration of any building permit issued for a planned urban development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the planned urban development requires a current approved planned urban development and a current building permit. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these nates are provided as informotion only, they ore not subject to the appeal pracess for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. RMC section 4-4-130 provides protection measures in order to preserve and protect the two trees during utility and building construction. The trees shall be fenced around the drip line and a Sign posted that the tree is to be preserved, and the location of the trees shall be indicated on all utility construction plan sheets. The fencing shall be in place prior to the issuance of any utility construction permits and shall remain until the final inspection. Plan Review: 1. The transportation and utility details of the project will be as per the utility construction permit associated with this project. 2. Transportation impact fee will be applicable at the time of building permit. Final PUD Report ;!r 0>00aElf."""""0lII' .... ~ ::c .... aI :r N I'L 11 uP. 23 N., RGE. 5 E. W.M .• KING COUNTY, WA A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, ,.,., r-~-----=--~ I , l~--I :; \ I I "~,. ,::oe.~-X '" I:, J ~ \ i; '" / \ PHASE 1 i,l:;' ,/ '\ \ ," ~'" \ :~m Ii:!! " 'y--\. I"" ) \ : \ ( ~,-. \ ~ \~~) \ ( \ , \ \ ~'.:' \ "0'-""" SE 128TH ST (KING COUNTY) NE 4'~'o~~~~;,~TON) PHASE 2 ''G_~ ~ ~ __ ~/~~~,f.~" n~ t ~t SCALE. '" VICINITY MAP ~ ~"e_ SHEET NO. DESCRIPTION OVERALL PLAT PLAN PUO-02 fiNAl PLANNED URBAN OMLOP~ENT PlAN PUO-03 BUILDING SETBACK PLAN ., Nfl l",,-02_I~O_SH.l RECORDED ...... D, 0000 ft~COROS Of ",.n COUNTY. WASHI~G""'" EXCV" "" 0' R['lTOH !I'f DEED REWIIDED u>lOOi I!ECO.OI~C LOTZOF"RI8[R/H)",-"CSKORTf>\ATNOlUA-OZ-',O-S><I'\.Q£CORoED •• nA.9.00'j N> ~EC()IIOING N020MOo«l99OOO1l2. R,CORDS Of" KJ~C COONrr ... ...","'~'ON. =AOF"CrrYOfllEN1t>NlOTUN~!U>JUSTIIE'IT~U."'-07-0$0-ll.AIlECORllm NJGUST'8,.OOOASRECOlIOINGN01QOO<llll8900X10lR[CORIlSOf"K'NI';<;O.J ...... SITE DATA f>\A, ..... , _rr ..... cOOR"PUC em "'.E ~""'I!f:" ,"'" 14-OOOZ;~ SJl£ .oooR£SS ~22~ NE 4TH Sf '" )51 11><"""" r:; ~E ..... 00. Mu~aE~ ~182'O-ootO. -00". -oon SITEAAEA 2~J.071'~(~'2 AO) p~, '''Ill' 5'-(~Q~IoCJ PliASE241242s.-(IIJ8IoC) lO~lN<: CA (GOW~(RC1Al N!lUW.1 £ll"">«lUS£VAU.NTlANO <lISTI ... STII\JCTI.OlE'5NOSTRYCllJR£SO.SITI PROF'Cs.ous, J~TO'IO'N"!lIoI[Sa_ PROPERTY OWNERS LOZI(RATWlm~COlJRT,W: IXIO'l4n<.\I£SE.SUm:,00 II[lllW"WA9~~ (4lSI=-Jg~ ~AC'AAIJ'£DE..srmIER 425 Pi"E ST SEATTlE WA g~10' GEOTECH ENGINEER ...ssOClOlUI£AIII\1SCIENCE5,IHC 1111 ~TH NiE"UE .1FI ...... O, .... 98Q3,1 ~'i'~~';:J~JBL'lTO'<. PO PLANNER/ENGINEER [';wC""S' •. Jl"GQoIt;lNEE~ llC ~~~"",~~'j05 ~~E:~'taRI[. "CP "'I§ z ~ Pd o f-0. ~ II ~ « I ::; , f--~ :c Z::J :;: « « f--::;II « f-W II :r > l!! ~O 9 11 1, Ii' , I A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E, W.M., KING COUNTY, WA :ot SE 128TH ST (KING COUNTY) ~ <:r:>".,.. ~,~.~ ... ~" NE 4TH ST (RENTON) -----~ --._ _ ___ _ _ /=;;=~r,:; .. " .... ",,··"'"ll'h..... _~~_=~.!:" I I ~.--~-4 I~t-'_c;:;i--~ LOT AREA TABLE I""'! SCALE:1'~ 40' I ill 1'"=[ ~-DL~~:h('" CO"O:O,~':!:C'''';:'TE ~ "}~' if '£i§ " " . , 11\ --f1' I '.z:.0 ~: :1~ I ~ '\ \ \) U I ~~ 5 ~E~ :/' ~\ \' c-I II'''-'~~ ,., ... ". ; ,,, \~ v ~'-IJJ '," I, I'C;:":' __ ;~ ..... \~ m E~~ " 'I \ 'fr',""-r:-_t,': ; : im m ~~ ,..lX_ ....... SITE DATA n~ . t '-.~ -:1 f ,_. PKOSE:2 VICINITY MAP ~ I1""",,sr (0..001""1 ",,""P-"""") ~' \ ;,,~,:: ~it,;~~· _~~=:..'::": DEVELOPMENT STANDARDS (CA) ~ =i~ =~~ ,.~. NSS'ln.·. il """",F OP£NSPIoX " .. ' '~I \ E;~5~:; t g, \ ft, 1S~~~;: ,.~ ::~: • (W~" I ___ ~mu __ .,,£ ~ 1 WE"flI,NOAS ~ E~~THe ", \ SHOATI'I.AT I CRITICAL AREA TABLE "'I ~::~ ~" B;:? ,~.\ ~ .~ \ [" ~.~ ,~'-- "\ \ II 1,1 tL-_____ '_."!:'~=--I_-:-"" ~:;",.--"\ \ ~, .:':" , :----------------, ., ... > \' I "... \ \--," ? ~ - --.~--:;~)-~ ~ ! ~~"-=~.~.,~"--------~ PHASE 2 LEGAL DESCRIPTION LQTl"","8E<IA-"""""s..oRTF>LJ,TNO,""-O,-".-S_"".1IECOO00l""", ... =~!:~~l:=5g.~~~,C~~""III:~><f'r~ as\!~~~1~RCUG" ~;:~~;;;a~~s UTILITY PROVIDERS PROPERTY OWNERS ~~!~SumlOO t_c"~ .. ",,,,"," .... :rru: '"" ~~'O' DEVELOPER ~l~~::~~ £S~ t(IN'j\JLT''''' , ... ,."", L-.C ~~';'~ ':~~l'~ ~~~£:';;'~, ... ,,? GEOTECH ENGINEER ,: III ~~f~~;C:i.!? :r",~"::'~,;:,,;::::~;~':;-,:::~. L.OT , Of" RI.£FIA-IWJ<O SIlOR'T PI..lI "'''''''_02_,,,_5_"' ROCOFtX:l 'P"~ ~. ~oo'. OS 0[00lI0..0 "'" ~o:IOOO409!1OCOO'. 1<EC(lIO()S or " .... ro.. ........ IIIlSI<INCTOI<, ::r~Tro~]~"~ ~~':!"g)~g: EIi.'OTOI<. P, p I ~I'~ l' ~r i d ~ g ~ m fi ':l .J -0 !i' b: [ ~ 6 LL g U t-~ Z CCT"'"Co ..: :::Jw~ :2 OUl~ !::: ()«:::J In a.'l! ~ \:2 ~. a: t: 'i! w I ~ N 3: 3 PUD-02 i z o ~ <J) u, o w IE u, o ~ 1 1 J " '1 ~ I C\l UJ (/) <C I c.. Cl , 1 I , , I , , I I' 3~ i ,: 11 : ' III ," il! I EXHIBIT 3 ~'-" .--~.-:-l.;~~;';."~~.-:::-... --.. t--... ---------,...-_ ; :1 I j ill I, miUmwl!! IImummmm !111m!!! !!!!i i!iimil!iiiiii liiiiiiiiiiiiiiiiiii liiiiiiiiii 1m! ! j 5, ~" i 5 ~ iii", I!!!!!!!!!!!!!!!!! ~! iWWW! , ;j\ ~ h ~!! .. .,!!!!!! "'!!!! iII.;.. ill HW "fj1.,!l!:l_liiI1i!tt .. " .. g ...... IIiI .. ~plR!:lS=:lIlO!:i"il"U:llIl;!i:Jd~ ~:RHlClHStHiIl ~i~' i ~~~~g~~~~~~~~~~~ ~!! ,,2 .. ;G'" t:l!:!il il fl!l '0 2 ~ ~ ~ ~ ~ ~ ~H ~ ~ ~ ~ ~~ ~ ~~~ ~~~~~~~~~~ !!!!;. '" !l"~ n,,!J h~~~ o Aerial Photo Legend City and County Boundary -, Otrer C~ Clty:f"lenton Addresses Parcels 1st Floor 128 WGS_1984_Web_Merc:atof_Auxillary_Sphere 1s1 Floor 2nd Floor 1st Floor EXHIBIT 4 6:--=={28 F,,' I.,' nthpf Rllilrlinn~ ~==========~========~~~~ City of Relfto Ii hnance & IT Division Information Technology. GIS RentonMapSupport@Rentonwagov 3113/2015 Entire Document Available Upon Request r~~~~ ~i~~ ~~:::;~!f[ ~~:~~1~r BCILDING A -SOUTH ELEVATION SCALE llll" -1'..(1' EXHIBIT 5 I· :-~::!:~:::; o· '1 00 '!;j' ~ O~ ~ =§ ~, ~~ ~; llil , , UJ § z '0 ~ i= , .. ~Gj ~ ..J l W 1< IA\ .. t 4.1) Bldg A _ VM 'NOJN;!l H8NV'!:l8 NOlN3!:l lV'!:l3G3:l NOLONIHSV'M I 'I I , : I' !~ I I ~ Ii II I ~ i i l.-~.I \ l!~~rl I H.I .. ; ~@=l, i 'noioioi~ ~ Entire Document Available Upon Request CERTIFICATE OF ARTICLES OF INCORPORATION FOR WHITMAN COURT COMMUNITY ORGANIZATION A Washington Nonprofit Corporation In compliance with the requirements of Revised Code of Washington chapter 24,03, as amended, Whitman Court Community Organization, a nonprofit corporation, hereby adopts this Certificate of Articles of Incorporation for Whitman Court Community Organization, ARTICLE I Name The name of this corporation is WHITMAN COURT COMMUNITY ORGANIZATION, ARTICLE II Duration The period of duration of this corporation shall be perpetual. ARTICLE III Purpose The purposes for which this corporation is organized are to promote the welfare and interests of the residents of the Whitman Court Development as defined by the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington by administering and enforcing the protective covenants governing the use of the property in the development, approving plans for improvements of lots in the development in accordance with the protective covenants, engaging in civic improvements and development activities, acquiring, owning, improving, managing, repairing, maintaining and operating real and personal property for the benefit of its members, and to do such things as may be necessary and convenient to accomplish all such purposes, ARTICLE IV Internal Regulations Section 1. Lots, As used in these Articles, Lot or Lots shall refer to Lots which are described in the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington, Section 2. Memberships. There shall be a maximum of one membership in this corporation for each Lot and no more memberships. Membership in this corporation shall be appurtenant to and not severable from such fee ownership interest and shall transfer and terminate with transfers and termination of such interests without further action on the part of this corporation or its several members. Membership shall stand in the name or names of the persons who from time to time are record fee title owners of lots. The holders of the memberships shall be members of this corporation, Section 3. Assessments, Each membership shall be subject to assessment in an amount determined by the Directors for administrative costs of the corporation and for Articles of Incorporation Whitman Court Draft Articles.don EXHIBIT 7 "-Paul Ebensteiner 1300 114th Ave SE, 100 Bellevue, WA 98004 (425) 635-3938 paule@loziergroup.com PartyGfhc:ord Verity Swearingen 4312 NE 2nd Ct Renton, WA 98059 (206) 384-5388 Whitman Court PUD L UA 14-000295 PARTIES OF RECORD ContKt ESM Consulting Engineers LlC 33400 8th Ave S Federal Way, WA 98003 (253) 838-6113 eric.labrie@esmcivil.com Party<JfR.ard Jeffrey Thomson 272 Vashon PI NE Renton, WA 98059 own" SB 16 Ribera Balco lLC 190 Queen Anne Ave N, 100 Seattle, WA 98109 EXHIBIT 8 Pagel, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -E: re Document Available Upon Request ADMINISTRATIVE MODIFICATION L8J APPROVAL 0 DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING CLASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Whitman Court PUD -Private Open Space Modification LUAl4-000295 Rocale Timmons, Senior Planner Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 Commercial Arterial (CA) 4425 NE 4th St and 351 Whitman Court NE Pursuant to RMC 4-9-250D the applicant is requesting an Administrative Modifications from RMC 4-9-150E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. BACKGROUND: The applicant requested Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi-famify development containing 40 zero lot fine townhomes and a 2,657 square foot commercial bank. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning cfassification and the Commercial Corridor (CC) land use designation. The development would be comprised of 10 separate multHamily residential structures resulting in a density of 11.4 dulac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct N E. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The PPUD would be used to vary lot, landscaping street, setback, parking, deSign, and refuse and recycle standards. The appficantproposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. On June 11, 2014 the City's Hearing Examiner issued an approval of the Whitman Court PUD subject to 40 conditions of approval. Specifically related to private open space Condition #30 states: EXHIBIT 9 February 16, 2015 Eric LaBrie E5M Consulting Engineers, LLC 33400 8th Ave S. FederalVVaY,VVA 98003 SUBJECT: "Off Hold" Notice Community & Economic Development Department C.E."Chip"Vincent,Administrator ___ V~~--", ~vf3or;!/) VVhitman Court Phase One Final Planned Urban Development lUA14-001044, FPUD Dear Mr. LaBrie Thank you for submitting the additional materials requested in the September 30, 2014 letter from the City. Your project has been taken off hold and the City will continue review of the VVhitman Court Phase One Final Planned Urban Development project. If you have any questions, please contact me at (425) 430-7219. Sincerely, Rocale Timmons Senior Planner cc: Paul Ebensteiner / Owner(s) Renton City Hall _ 1055 South Grady Way _ Renton, Washington 98057 • rentonwa.gov Deni, Law __ ~May:..or __ ,.".".d_. r ..!~ ....... January 13, 2015 TO WHOM IT MAY CONCERN: Department of Community and Economic Development C.E. 'Chi p'Vincent, Administrator Subject: New Plats and Short Plats in the City of Renton Please see attached new plats, short plats and multi-building developments that have recently been addressed. Some ofthese have been recorded and I am supplying a list on new parcel numbers with the new addresses. If the plat is not recorded INR), I am only giving you the plat map with the new potential addresses written on it. Please add these addresses to your City directories and maps. 2001 Union Short Plat INR) NE 7th North Short Plat NE i h East Short Plat NE i h West Short Plat Avana Trails AKA Fieldbrook Commons Cascade Greens Short Plat INR) La Rosa Meadows Plat INR) limelight Short Plat INR) Maplewood Park East INR) Merlino Short Plat INR) Renton 7 Short Plat INR) Shattuck West Short Plat Stevens Point Short Plat INR) Whitman Court Townhomes INR) Sincerely, ,'I Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #l:platadd 3307iLord Short Plat INR) NE 7 North Phase 2 INR) Ne ih Middle Short Plat NE 24th 3 lot Short Plat INR) Carpenter Short Plat INR) Kline Stromberg Short Plat INR) Urn Short Plat INR) Lund Lotline Adjustment May Creek Court Short Plat INR) Piper's Bluff Plat INR) Rylee's Place Plat INR) Sheldon Short Plat INR) Woodebridge Lane Plat INR) ZK Short Plat INR) RentonCltyHali. lOSS South Grady Way • Renton,Washington980S7. rentonwa.gov ,/ ,/ I"LANTI"'" !"LAN I'INAI. LANt:>$(;AI'I! "LAN -~ , I'IHI'rMAN ""-II'<T IQ!NTON. 1'IASH'N6ToN .. r P1."NTIN6 ,.~ ,.INAI.. 1.."~Af'I! I"I.."N -,""AS/! I I'IHITMAA "OU"-T !'IeNTON, ~1N6ToN !j:" (I" \I;' .. G ": •• ~ ~ ~ 31 ~~~~g~~1!~~~~~~~~ "b." g r,~ .... ~ tI' t -" \I"~ 'II!. ~ ,,10 '1;;10':;'. '~(; "l '1 .. \[ ,,\ ii"i'" i If i" .-" 'II ~~~m!mmH~ mUlllm1m, !~ H\ ! Ii l ~ ~ I ~,i.!I I September 30, 2014 Eric LaBrie ESM Consulting Engineers, LLC 33400 8th Ave S. Federal Way, WA 98003 SUBJECT: "On Hold" Notice Community & Economic Development Department C.E."Ch i p"Vi ncent, Ad mi nistrator Whitman Court Phase One Final Planned Urban Development, LUA14-001044, FPUD Dear Mr. LaBrie: The Planning Division of the City of Renton accepted the above master application for review on August 7, 2014. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before December 30, 2014 so that we may continue the review of the above subject application: " An approved final wetland mitigation plan which integrates the Ribero Balko Wetland and" Stream Buffer Mitigation Plan with the Altmann-Oliver Mitigation Plan. An approved final detailed landscape plan. A copy of the project's bylaws or CC & R's restricting parking across the pedestrian pathways. Demonstration of how refuse and reCYciables would be picked up and where it would be located· on pick-up day. A lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and down lighting shall be used in all cases to assure safe pedestrian and. vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is speCifically listed as exempt from provisions located in RMC 4-4- 075 Lighting, Exterior On-Site. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430c7219 if you have any questions. Sincerely, Rocale TImmons Senior Planner cc: Paul Ebensteiner / Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov City of In Department of Community & Economic 1 opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMUNITY SERVICES APPLICATION NO: LUA14-001044, FPUD APPLICANT: Paul Ebensteiner, PROJECT TITLE: Whitman Court Phase One Final Planned Urban Development SITE AREA: 223,073 square feet LOCATION: 4425 NE 4th St and 351 Whitman Ct. NE COMMENTS DUE: AUGUST 21, 2014 DATE CIRCULATED: AUGUST 7,2014 PROJECT MANAGER: Rocale Timmons PROJECT REVIEWER: EXISTING BLDG AREA (gross): PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: The applicant is requesting a Final Planned Urban Development for the first of two phases of the Whitman Court PUD (LUA14-000295). The City's Hearing Examiner approved the Preliminary Planned Urban Development on June 11, 2014 subject to 40 conditions of approval. A subsequent Administrative Private Open Space Modification was applied for and granted on July 2, 2014. The first phase includes the construction of a 20 (of the approved 40) zero lot line townhomes and the 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. Phase 1 would be comprised of 4 (of 8 total) multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extenSion, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The approved PPUD was used to vary street, setback, parking, and refuse and recycle standards. A subsequent Administrative Private Open Space Modification was applied for and granted on July 2, 2014. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a storm water report, wetland enhancement plan, and a geotechnical report. PROJECT LOCATION:4425 NE 4th St and 351 Whitman Ct NE A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element oj the Probable Probable More Environment Minor MajOi Information Impacts Impacts Necessary Earth Housfn Air Aesthetics Water Li h Glare Plants Recreation I..and/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Hlstonc/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w~ere additional inform . n is needed to properly assess this proposal. Date C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas WheW, ddia:;:'J'ation is needed ta properly assess this proposal. ~ 8=-/3-11 Signature of Director or Authorized Representative Date __ ~tyOf .. ~ ----~ ~(~.BIlJit\DJ11 U NOTICE OF APPLICATION ~_Appllatlanlao_IU"_KQpfedwlttltMo.PI_ofComrroullty&EeonornkDew""",*" (CttlJ-,...",.,.Dtw-.oflhooty"'llMrtmL n.."""""""brWWy"-:ri __ .ppIIaII"".ndtlle_ry " .. - Tho.ppbntlsrwq...th!l.f1n.IPlannedUrt.nO""!apfMnlfartho_ oI\WOphast'lOII~WhItm..,Court~UD(lUA14-OOOl95\. n.OIy'.He.ri .. E:Gmlnet~f'IIIOeC!!IIIPreIimInaty Planne<lUrlMnCe¥elop'nelltonl .... l1.1Qa$Ubjto:tto4C<:OtNtlllon5c'.ppro-..l TheIlm~hMcl"""""'dlo "'nsuualan .. froloflho ... ~4D) ... ",Iat!".IDwnhom .. andIho2,1I57>q""_<Dmrrwn;lolboni:anthoon. Iot.The_S.UOCf1IsltelslDato<lwMIInIhoCUm .... rdalArI<Iri.I(CA)zcn,"'doos3if\atiln.ndlhotom_1 CotTkIorICC)Iond .... des/iIIatIOII.Thefl'bjtl;lm.bIoQQdonlho<a</ltrWfltCOllWlrotthelMf:l'$e<:donotNE4I!ISI; .nd_aME._l...,LJdbo"""p_af4Iorl_~mult!-fllmlly""'kI.ntlaldruc::I1Into ..... rur.In. demltyoflUdll/lC·and ..... ccmmetdllbuildl ... Tho...",rnetdlllolwouldbel<USSedfromNE.cdISt..ndl l'en\lIIrIinjreskler!tlildnooioponemplnl",;ca .. fromlhoexlsdnJi""r'!Ion.lndpro~_Mion,ofwtmr.wlaNE. Then! Is. c;.tqoIy l_nd loc;n.d on tho_m portion oflhl site. Tho:opp.......dPPUD .... _to-..ryJtr>oet -.a.~.ndrm...rHl~sblnd.n:!s. AlUb_LIIIntAdmnIrtrotiYoPl1nteOpenSp;o""MDdlbtlcnwa .ppIIe<IfQ'.nd .... ntedonl"ly2,lOlATh •• ppicanllmll"flPCl'<dto_ .... IIw_ndOll$ll.~pnwIdo1:Nfler eMance_asIWtOll\llepropa$1!dP'JOpubricbenofitllo", .. lthtl'iNncedpedtsb1:lnlndwloku\lrdrwlstloft, pedesb1I.n _!ties, lno:! IIndsap",," Studies indtHle I $10""""'"" ~ wftIond .. ",,_ ... 111 pion. _ • ....-1cI11tIpOrt. 44l5HE4'"5toncl351WhItrnanC1NE APPUCMT"ROItCTCONTACI'I'tRSCIN: EriclaBrle/E5Mca ..... ltlrc(nglf>eeB,ll.C/334OQ,..A""S.Ste2~~1 Wl'/,WA~tU/l'<Ic..I.lI_~ c.omnwrt!Ion~'_'PllIIcatIon_be"bm_lIIwrttlnlIllIlaClIoTlmnmno,.S._PIo ...... ,~rrt'" Cammunlt,._o.v.IaprMnt,1.(I$55.autbGrKy'Nq",R.nIIIo\.WA98057.IoyS:OOp.m.onAurim:;t1,1Ol4. lfY"u_q""stionooboullhl:sp",_I,orwbl!tcbomade.ponyQlfI«XI(!jlndreulYeadditlonal",,1ltIatIon1!y mail, CGnta<;t \lie Pro)oct M;uI.oP'H Ins) .a»n19. Anyanot """' .. _ writIon CDmmenb wllI.utc"",_t, ~m'.lIIny"'.-<I.ndwllbe""_DI""Y_onthl<~ PLEASi: r~aUDE THE PROJECT NUMBER WHEN CAWNG FOA PROPER FILE IDENTlRCATlON JULY 30,Z014 NDTlCEOFCOMPlfiEAPPUi:ATlON: AUGusr6,2014 F'ileNomo/,....' WhItmonCounPhlHo...R .. 1 fWA14-001(1oM,FPUO ========-_ay/5111o/l1p: _____ _ CERTIFICATION I, hereby certify that ~ copies of the above document were posted in __ conspicuous places or nearby the described property on Date: 8'/7/ kill tf Signed::---.:::.,?h~.?--~L===~'--'---=-=---=::,_ STATE OF WASHINGTON ) COUNTY OF KING ) ss ) I certify that I know or have satisfactory evidence that _______________ _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ______ _ Notary Public in and for the State of Washington Notary (Print): ------------------------ My appointment expires: ________________ _ (Signature of Sender): STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _______ _ Notary Public in and for the State of Washington Notary (Print): _______________________ _ My appointment expires: template -affidavit of service by mailing r ' Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE. 100 Bellevue. WA 98004 Jeffrey Thomson 272 Vashon PI NE Renton. WA 98059 190 Queen Anne Ave N. 100 Seattle. WA 98109 Verity 4312 NE 2nd Ct Renton. WA 98059 Eric LaBrie ESM Consulting Engineers LLC 33400 8th Ave 5 Federal Way. WA 98003 5182100013 5182100010 7436700220 FAULKES BRADLEY J+KATHY L SCHWAB LES PROFIT SHARING C/O RETIREMENT TRAN OANH T+ADRIAN HAl LE PO BOX 4248 TRUST #314 4236 NE 2ND CT RENTON, WA 98057 PO BOX 5350 RENTON, WA 98059 BEND, OR 97708 7436700210 7436700080 7436700090 DINH STEPHEN THO+MITZI ORTI YOON LONNIE C QUADE MELlSSA+BUDIG JAMES 4230 NE 2ND CT 257 VASHON AVE NE 263 VASHON AVE NE RENTON, WA 98056 RENTON, WA 98055 RENTON, WA 98059 5182100080 7436700100 7436700160 WOODALL ROSE SEDAN MERLIE CHEATHAM LARRY D 248 UNION AVE NE 252 VASHON AVE NE 4204 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700200 7436700180 7436700170 YIM JERRY H+STEPHANIE J CLAMPITT JEAN YU SIU LUN+IP QUEENIE 500 K 4224 NE 2ND CT 4212 NE 2ND CT 4208 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 5182100012 7436700190 7436700120 PROGRESSIVE DEVELOPMENT LLC KHUMALO GUGULETHU+JENNIFER HAUGK BRIAN A+KATHLEEN L 254 UNION AVE NE 4218 NE 2ND CT 1613 LYONS AVE NE RENTON, WA 98055 RENTON, WA 98059 RENTON, WA 98059 7436700110 7436700140 7436700130 BURNATAY JOSEPH V+MA LUNING NISHIMURA DAVID K+TEPAPORN WEISS MARTIN EVAN 258 VASHON AVE NE 264 VASHON AVE NE 4235 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700150 7436700270 7436700260 LOOK RAYMOND+MAY+SOON LE LUAN K+TANG JENNY WONG DENNY+RECHELLE 270 VASHON AVE NE 260 VASHON PL NE 266 VASHON PL NE RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700250 7436700240 7436700230 THORTON MATTHEW S+THOM50N J JOHNSON WILLIAM BERRIER ROBERT A+PATRICIA 272 VASHON PL NE 278 VASHON PL NE 4242 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 2325400120 2325400180 2325400550 SWEARINGEN BRET+COTTELL VER YERMOLOVA LADA WILKS ADAM ET AL 4312 NE 2ND CT 253 WHITMAN PL NE 601108TH AVE NE STE 1850 RENTON, WA 98059 RENTON, WA 98059 BELLEVUE, WA 98004 2325400170 2325400590 2325400580 HEADMAN MARY ELLEN DANGTHINH CHAN LOK MAN 259 WHITMAN PL NE 4335 NE 2ND CT 4329 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 ~ 23.5400570 2325400070 2325400080 BAUER ALAN W+CATHI A HUANG GUO LI & LILY NGUYEN THAO THANH+VUONG H P 32716 SE 46TH LN 5410 31ST AVE S 8433 44TH AVE S FALL CITY, WA 98024 SEA TILE, WA 98108 SEATILE, WA 98118 2325400090 2325400100 2325400540 ZHU YAO FU WULEI JACH INVESTMENT GROUP LLC 4330 NE 2ND CT 679 BREMERTON PL NE 20225 BOTHELL EVEREn HWY #2327 RENTON, WA 98059 RENTON, WA 98059 BOTHELL, WA 98012 2325400150 2325400190 2325400560 STOYANOV NIKOLAY I+ZLATINA BAKHCHINYAN SERGY&PARANZEM BURKMAN SAMUEL+LORILYNN 271 WHITMAN PL NE 233 WHITMAN PL NE 4317 NE 2ND CT RENTON, WA 98059 RENTON, WA 98056 RENTON, WA 98059 2325400110 2325400130 7312100100 KIM SUNG JOON+RAN SONG KIM LEUNG DEREK MIU+MAN CHING K FEDERAL HOME LOAN MORTGAGE 4318 NE 2ND CT 4306 NE 2ND CT 5000 PLANO PKWY RENTON, WA 98059 RENTON, WA 98059 CARROLLTON, TX 75010 5182100031 2325400140 7312100090 U S POSTAL SERVICE FREEMAN AMIE M MARU51C RADENKO+KATA 17200 116TH AVE SE 4300 NE 2ND CT 318 ANACORTES AVE NE RENTON, WA 98058 RENTON, WA 98059 RENTON, WA 98059 5182100022 5182100009 1023059374 SB 16 RIBERA BALCO LLC WALGREEN COMPANY PACWEST ENERGY LLC 190 QUEEN ANNE AVE N #100 ATINTAXDEPT 3450 COMMERCIAL CT SEATTLE, WA 98109 104 WILMOT RD #MS 1435 MERIDIAN, ID 83642 DEERFIELD, IL 60015 8805000010 8805000020 1023059263 BUYS/KOOYMAN ATIN EDWARDS D AUTO ZONE INC#4115 KING COUNTY WATER DIST #90 C/O J5H PROPERTIES INC DEPT 8088 15606 SE 128TH 10655 NE 4TH ST #901 PO BOX 2198 RENTON, WA 98059 BELLEVUE, WA 98004 MEMPHIS, TN 38101 8805000030 1023059128 1023059132 SAFEWAY INC STORE 1468 4TH & UNION RENTON BELLEVUE TI LLC C/O COMPREHENSIVE PROP TAX C/O JSH PROPERTIES 3300 MAPLE VALLEY HWY 1371 OAKLAND BLVD STE 200 10655 NE 4TH ST #901 RENTON, WA 98058 WALNUT CREEK, CA 94596 BELLEVUE, WA 98004 August 7, 2014 Eric LaBrie ESM Consulting Engineers, LLC 33400 8th Ave S, Federal Way, WA 98003 Community & Economic Development Department C.E."Chip"Vincent,Administrator Subject: Notice of Complete Application Whitman Court Phase One Final Planned Urban Development, LUA14-001044, FPUD Dear Mr. LaBrie: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, Rocale Timmons Senior Planner cc: Paul Eben'teiner I Ownerl') Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development ICED) -Planning Division of the City of Renton. The following brieflv describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: August 7, 2014 PROJECT NAME/NUMBER, Whitman Court Phase One Final PUD I LUA14-00l044, FPUD PROJECT DESCRIPTION: The applicant is requesting a Final Planned Urban Development for the first of two phases of the Whitman Court PUD (LUA14-000295j. The City's Hearing Examiner approved the Preliminary Planned Urban Development on June 11, 2014 subject to 40 conditions of approval. The first phase includes the construction of20 (of the approved 40) zero lot line townhomes and the 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (Ce) land use designation. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. Phase 1 would be comprised of 4 {of 8 total) multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The approved PPUD was used to vary street, setback, parking, and refuse and recycle standards. A subsequent Administrative Private Open Space Modification was applied for and granted on July 2,2014. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, wetland enhancement plan, and a geotechnical report. PROJECT LOCATION: 4425 NE 4th St and 351 Whitman Ct NE PERMITS/REVIEW REQUESTED: Final Planned Urban Development APPLICANT/PROJECT CONTACT PERSON: Eric laBrie/ESM Consulting Engineers, lLC/33400 8th Ave 5, Ste 20S/Federai Way, WA 98003/253-838-6113/Eric.LaBrie@esmcivil.com Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, Department of Community Be Economic Development, 1055 South Gradv Way. Renton, WA 98057. by 5:00 p.m. on August 21, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: JULY 30, 2014 NOTICE OF COMPLETE APPLICATION: AUGUST 6, 2014 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CEO, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name / No.: Whitman Court Phase One Final /lUA14-001044, FPUD NAME: _______________________________ __ MAILING ADDRESS: ______________ City/State/Zip: _________ __ TELEPHONE NO.: ____________ _ City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: See Attached. Whitman Court Phase One (Lots 1-20 & 40) Final Planned Urban Develoomen! PROJECT/ADDRESS(S)lLOCATION AND ZIP CODE: ADDRESS: 4425 NE 4" St and 351 Whitman CT NE, 98059 CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 518210-0020, "()021, -0022 APPLICANT (if other than owner) NAME". Paul Ebensteiner EXISTING LAND USE(S): Vacant Land COMPANY (~applicable): Lozier at Whitman Court, LLC PROPOSED LAND USE(S): Mixed use; Bank & Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 1300 114th Ave S.E., Suite 100 (CC) Commercial Conidor PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: Bellevue ZIP: 98004 (if applicable) N/A TELEPHONE NUMBER: (425) 635-3938 EXISTING ZONING: (CA) Commercial Artarlal CONTACT PERSON PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): 223,073 SF NAME: Eric G laBrie SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ESM Consulting Engineers LLC DEDICATED: 32,231 SF ADDRESS: 33400 8'· Ave S, Suite 205 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,841 SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Federal Way ZIP: 98003 ACRE (if applicable) 11.14 DUlAC TELEPHONE NUMBER AND EMAIL ADDRESS: (253) 838-6113 NUMBER OF PROPOSED LOTS (if applicable) 40 Eric.LaB!i!l@esmcivil.com NUMBER OF NEW DWELLING UNITS (if applicable): 39 C:\Documents and senings\pauJe\local Senings\Temporary Internet Files\ContcnI.Outlook\7K2S2T8E\Master Application.doc -J- PROJECTINFORMAT~IO~N_~(.c~o_n~ti_n_ue~d=I) ______________ -. NUMBER OF EXISTING DWELLING UNITS (if applicable): a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 23,144 SF SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPCSED NON-RESIDENTIAL BUILDINGS (if applicable): 2,657 SF SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NlA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 2,657 SF NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): On the bank site approximately 7 emDlovees will be employed by the new project.. PROJECT VAlUE: Commercial -+\-$800,000 Residential-+\-$12 Million IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALL Y CRITICAl AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFIER PROTECTION AREA ONE o AQUIFIER PROTECTION AREA TWO 0 FLOOD HAZARD AREA ___ sq. ft. 0 GEOLOGIC HAZARD ___ sq. ft. 0 HABITAT CONSERVATION ___ sq. ft. 0 SHORELINE STREAMS & LAKES ___ sq. ft. X WETLANDS 32,126 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION ~,TOWNSHIP 23N ,RANGE~, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Paul Ebensteiner declare under penalty of pe~ury under the laws of the State of Washington that I am (please check one) __ the cument owner of the property involved in this application or .1L the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. nn , ~ ~·""·/t Signature of OwnerlRepresentative Date Signature of OoNner/Representative Date STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that P ..utI ~tllA ~ signed this instrument and acknowledge it to be hislherltheir free and voluntary act for the uses and purpose mentioned in the instrument. Dated Notary (Print): _J_i?_~_" __ IC_. -~--t.L-~'----__ _ My appointment expires: ___ .,l..---,-(._J-_il-~!,--I\ ___________ _ -2 - LEGAL DESCRIPTION The kind In the County of King, StIItI! of Washington, desaibeclas follows: PARCaA: Lot 1 of the RlberH3elko Short Plat No. LUA-G2-129-SK'I.. recorded Apr. 9, 2009,115 Recording No. 20090409900002, records ci Ki'1g County, WlIShingI:Dn; Except that portion conveyed to aty of Renton by deed recorded under Recording No. 20120419001607. PARCELS: Lot 2 of the Ribera-BIIIko Short Plat No. LUA-02-129-SHPL recorded AprB 9, 2009, 115 Recording No. 20090409900002, records ci Ki'1g County, Washington. PARCELC: TIlICt A of aty of R81tDn Lot l.i1e Adjustma1t No. LUA-07-0s0-UA recorded August 18, 2009 as Recording No. 20090818900001, records of King County, Washington. JOINT DEVELOPMENT AGREEMENT Washington Federal & Lozier at Whitman Court, LLC This JOINT DEVELOPMENT AGREEMENT (this "Agreement") dated as of the ~ day of September, 2013 is made by and between Washington Federal, a national association ("WF') and Lozier at Whitman Court, LLC ("Whitman") (together the "Developers"). RECITALS WF is acquiring that certain property commonly known as Lot 1 of Ribera -Balko Short Plat, as more particularly described on Exhibit A hereto ( "Lot I"). Whitman is acquiring that certain property commonly known as Lot 2 and Tract A of Ribera - Balko Short Plat, as more particularly described on ExhIbit B hereto ("Lot 2"). Lot 1 and Lot 2 shall be collectively referred to as the "Property." WF wishes to develop Lot I for retail use. Whitman wishes to develop Lot 2 for residential use. In order to comply with the underlying CA Zoning of the Property, the City of Renton Planning Department requires the processing of the Property as one PUD and Preliminary Plat application allowing for separate retail and residential uses. Whitman's ability to develop Lot 2 into a fee simple, residential community is contingent upen such approval with the corresponding approval of Lot I as a retail/commercial development by WF. WF and Whitman desire to cooperate, participate, and share in development costs regarding certain aspects of development of the Property for the mutual benefit of one another. AGREEMENT NOW, THEREFORE, for good and valuable consideration, !he sufficiency of which is hereby aclmowledged, the Developers agree as follows: 1. Purpose -The purpose of this Agreement is \0 outline the areas where the Developers agree to jointly develop and share in development costs for the Property. 2. Jomt Development Actiyitjes (a) "Joint Development Activities" as used herein shall relate to the following activities: i. The joint preparation, application and approval of a PUD and Preliminary Plat to develop the Property consistent with retail use on Lot I and residential use on Lot 2 and construction of common infrastructure requirements required by the PUD and Preliminary Plat for use by andlor benefitting both Lot 1 and Lot 2. Final conditions of the PUD and Preliminary Plat may further dictate improvements to or changes of existing shared components of infrastructure which would be part of the Joint Development Activities. 1211·1 JoiPl Developmenl Agreem<nI 09.23.13 draft ii. The Developers shall have an equal and undivided interest as tenants in common in the ownership and responsibility for maintenance of common infrastructure constructed per the recorded final PUDIPIat for use by and benefitting both Lot 1 and Lot 2. The recorded final PUDIPIat and/or recorded deeds/covenants shall reflect such tenants in common interest and maintenance responsibility which conditions shall run with the land and be binding upon and inure to the benefit of Lot 1, Lot 2, and the Developers, their heirs, successors, and assigns. iii. Costs of shared development related to common conditions, requirements and improvements resulting from the PUDlPreliminary Plat approval shaJJ be considered Joint Development Activities. (b) The costs of developing (lot specific) WF retail development and Whitman residential development not specifically included in the above common costs shall not be considered Joint Development Activities. 3. Development Costs (a) "Development Costs" as used herein shall mean (but not limited to) the costs of (i) joint PUDlPreliminary Plat planning, design, engineering, consulting reports, fees and attorneys' fees as may be specifically required for the "Joint Development Activities", and which are typical development activities and (ii) construction of infrastructure requirements required by the PUD and Preliminary Plat for common use by andlor benefitting both Lot 1 and Lot 2. (b) Funding of Development Costs. i. Contributions. The Developers shall open one bank account for payment of Development Costs. Not later than three days before the need for payment of Development Costs, each Developer shall deposit its proportionate share of said payment. ii. Proportional Share. Unless specifically and mutually agreed to by the Developers in writing, all Development Costs shall be split 50%150%. iii. Failure to Contribute. If any Developer fails to make its contribution toward Development Costs, then the other Developer, if it has contributed all of its share may, at its option, and upon written notice to the non-contributing Developer, advance the non-contributing Developer's required pa}ment and treat such amount as a loan from the contributing Developer to the non-contributing Developer (a "Default Loan"). The Default Loan shall bear interest at twelve percent (12%) per annum. The principal balance of the Default Loan and accrued interest thereon shall be paid in full on demand. On any default of the Default Loan, the non-contributing Developer shall then be treated as in default of this Agreement. 4. Division of Responsibility (a) Processing. i. "Processing" shall consist of management of the specific preparation of documents and general negotiation with the City/County required to process the PUD. Processing shall be managed by Whitman. Whitman 1211-1 Joint D<velopm.m A_t 09.23.13 draft 2 shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. ii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the processing of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (b) Site Develo.pment. i. Site Development shall consist of (a) supervision and implementation of the engineering and development of Joint Development Activities; (b) identification, preparation and recommendation to Developers for their approval contract documents and selected subcontractors required to implement the site development of Joint Development Activities; (c) management of site work condncted by subcontractors and utilities; and (d) approval of invoices for payment and input to the preparation of draw requests. ii. Whitman shall be designated as the authorized agent for the project for purposes of signing applications, developer extension agreements and other documents necessary to accomplish the intent of this Agreement. Site Development shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact on the project or ftnancial outcome of the project shall be subject to the approval of both Developers. iii. Good Faith Actions. Whitman shaJl use reasonable skill and judgment in managing the Site Development of the Joint Development Activities hut shan have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. ( c) Accounting. i. Accounting shall consist of (al maintenance of the accounting records for the Joint Development Activities; (b) preparation and submittal of draw r~uests, (e) payment of approved invoices in a timely m8IUler; and (d) conducting any other accounting and business functions including periodic repons to the Developers required for the successful execution of this Agreement. Accounting shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact 011 the project or financial outcome of the project shall be subject to the approval of both Developers. ii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the Accounting of the Joint Development Activities but shall have no liability to WF for actions Or inactions made in good filith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (d) Compensation. Neither of the Developers performing the management functions specified in this Section 4 shall be entitled to receive any 1211-J Joint DevclopmenlAgrec:ment 09.23.J3 draft 3 compensation or reimbursement except as specifically stated in this Agreement except for those required as part of the Joint Development Activities. 5. Administration. (a) Scqpe of Authoritv. Except as expressly provided herein, nothing contained in this Agreement shall constitute a grant of authority to any Developer to act for or on behalf of the other Developer or the Property, as agent or in any other capacity except as specified herein except as provided in 4(b )(ii) above. (b) Bank Accounts· All funds related to the Joint Development Activities shall be deposited in a separate bank account. All drafts. checks, bills and cash which may from time to time be received by. for, or on account of the Joint Development Activities shall be deposited immediately in such account in the same fonn in which they are received. Withdrawals from such account for the payment of any routine, authorized indebtedness or the issuance of any checks on such account shall require the signature of a Whitman officer. Both Developers must authorize any costs exceeding $25,000. 6. Assignment. No party may assign, convey, or transfer its interest in this Agreement by any means whatsoever without the prior written consent of the other party. For purposes of this Section, a) sale or transfer of a majority interest in any corporate party shall be deemed a "transfer" requiring the consent of the other party, and b) any transfer must be to a person with sufficient financial capability and development expertise or consent may reasonably be withheld. 7. Right of First Refusal. The right of first refusal granted by this Agreement requires that any party herein shaJJ give the other party written notice of its intent to sell its respective property, as well as requires either party to give the other party written notice of any bona fide offer on either its respective property that the party is willing to accept. In the event any party notifies the other party that it received a bona fide offer, then the other party shall thereupon have sixty (60) calendar days after receipt of any such written notice to match the purchase price and the terms offered by any bona fide offer. In the event that any party notifies the other party of its intent to sell ("selling party"), then the other party shall thereupon have sixty (60) calendar days after receipt of any such written notice to enter into a written agreement with the selling party for the purchase and sale of its respective property, for a price equal to the then current fair market value of said property and upon terms mutually acceptable to the parties. Any party shall communicate its intent to exercise its right of first refusal to the other party in writing. If a party fails to timely exercise the right of first refusal, then the other party shall be free to accept or reject the bona fide offer, or advertise and list its respective property for sale at a price not less than the price or terms offered to the other party In the event that a party waives its right of first refusal with regard to a particular bona fide offer and the other party does not accept the bona fide offer, then the waiving party shall retain the right of first refusal regarding any future offer that the other party may receive its respective property pursuant to the terms set forth herein. 8. Default. 1111·) Jo;nt Development Agreement 09.13.13 dnlft 4 (a) Events of Default. A Developer to this Agreement shall be in default (a "Defaulting Developer") hereunder upon the occurrence of any of the following events: i. If the Developer makes an assignment for the benefit of a creditor or applies for the appointment of a trustee, liquidator or receiver of any part of its assets or co=ences any proceedings relating to itself under any federal or state law relating to bankruptcy, insolvency, reorganization or similar laws; Ii. If the Developer has a prooeeding commenced against it or relating to it or relating to appointment of a trustee, liquidator or receiver or pursuant to any proceedings under any federal or state law relating to bankruptcy, insolvency, reorganization or similar law wlrich proceeding is not dismissed witlrin ninety (90) days after filing such proceeding; iii. If a Developer allows its interest in the Property or in any portion of the Property to become subject to any attachment, levy, execution Or other judicial seizure, and sucb action is not dismissed or bonded within ninety (90) days; iv. If a Developer breaches the tenns of a Default Loan as provided in Section 3, or if no Default Loan is advanced, if a Developer fails to make a payment under Section 3 witlrin fifteen (15) days after notice by the non-defaulting Developer that such sums are due; or v. If the Developer breaches or fails to perfonn any other provision of this Agreement and such breach or failure is not cured witlrin thirty (30) days after written notice. (b) Remedies. i. Remedies of the Non-Defaulting Develgper. Upon any Developer becoming a Defaulting Developer, the Non-defaulting Developer may pursue any remedy at law or in equity against the Defaulting Developer. ii. Defaulting Developer's Loss of Management Participation. A Defaulting Developer shan not be entitled to participate in the management of the Joint Deyelopment Activities. iii. Additional Remedy of the Non-Defaulting Developer. In addition to the right of the Non-Defaulting Developer to pursue any remedy at law or in equity against the Defaulting Developer, the Non-Defaulting Developer may in its sole discretion, purcbase the Defaulting Develcwer's property m.im..£urrent fair market value. Disputes regarding the fair market value shall be resolved by arbitration as detailed herein. 9. General Provisions. (a) Notices. Any notice required or p=itted under this Agreement shall be personally delivered to the party to whom it is directed, sent via facsimile to such party with a return receipt fax, or if mailed by certified mail return receipt requested, addressed to the party's address set forth below the party's name on the signature page hereof. (b) Governing Law. This Agreement shall be governed by the intemallaws of the State of Washington. 1211"1 Joint Development Agreement 09.23.13 dn!~ 5 (c) Agreement Binding Upon Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the Developers and the Property. A memorandum of recording may be recorded against the Property reflecting that the Property is subject to the terms and conditions of this Agreement. (d) Counterparts. TIris Agreement may be executed in one or more countetparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (e) Remedies Cumulative. No remedy herein conferred upon or reserve to any Developer is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shaD be in addition to every other remedy given hereunder, now, or hereafter existing at law, in equity or by statute. (I) Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each term and provision of this Agreement shall be valid and enforceable as written to the fullest extent permitted by law. (g) Modification: Entire Agreement. TIris Agreement shall not be changed, modified or amended in any way except in writing signed by hoth Developers. This agreement sets forth the entire agreement and understanding between the Developers as to the subject matter treated herein and merges and supersedes all prior or contemporaneous discussions, agreements and understandings of every kind and nature between them with respect thereto. (h) Waivers. TIle failure of any Developer at any time to enforce any oflhe terms, provisions or conditions of this Agreement shall not be construed as a waiver of the same or of the right of such Developer to enforce the same. (i) Documents. The Developers agree properly and promptly to execute and deliver any and a1l additional documents that may be necessary to render this Agreement legally and practically effective. TIris paragraph shall not require the execution of any document that expands, alters or in any way changes tbe terms of this Agreement. G) Attorneys' Fees and Costs. The prevailing party to this Agreement in any proceeding brought to enforce any term of this Agreement shall he entitled to reimbursement of their attorneys' fees and costs. (k) Mediation. In the event that a dispute between the parties to this Agreement over the terms of this Agreement is not resolved within 10 days, the parties agree to fils! mediate the dispute. The parties shall jointly retain the services of a mediator through Judicial Dispute Resolution Washington or a similar service that is agreeable to the parties and in good faith attempt to resolve the dispute through mediation for a period of not less than four (4) hours. The parties shall contribute equally to the costs and fees of the mediator and shaD 1211-1 Joint Development Agreement 09.23.13 draft 6 be responsible for payment of their own attorneys' fees, if any. In the event mediation fails to resolve the dispute to the satisfaction of both parties, the parties shall then arbitrate the dispute as provided herein. (I) Arbitration. Any controversy or dispute arising out of or relating to this Agreement or the inteIpretation thereof shall be settled by arbitration through Judicial Dispute Resolution Washington or a similar service that is agreeable to both parties. The dispute shall be submitted to • single arllitrator who shall have had at least ten (10) years' experience in the real estate business. Judgment may be entered on any award tendered by the arbitrator in any federal Or state court having jurisdiction over the site in which the project is located. (m) Relationship of the Parties. Notwithstanding any other provision of this Agreement, or any agreements, contracts, or obligations which may derive here from, nothing herein shall be construed to make the Developers partners or joint ventures, or to render either party liable for any of the debts or obligations of the other party, it being the intention of this Agreement merely to cooperate in the development of the Property. (n) Full Understanding; Independent Legal Counsel. The parties to this Agreement each acknowledge, represent and agree that they have read this Agreement and the attached exhibits; that they fully understand the terms thereof; that they have had full opportunity to obtain advise from legal counsel, accountants and any other advisors with respect to the tenns of this Agreement. (0) Egual OJ2portunity to Participate in Drafting. The parties to this Agreement have had an equal opportunity to partiCipate in the drafting of this Agreement. No amhiguity shall be construed against any party to this Agreement based upon a claim that that party drafted language at issue. Executed by the undersigned Developers effective as of the date first above written. Address: Phone: Fax: 1300 _114" Avenue SE Suite 100 BeJlevue, W A 98004 425-454-8690 425-646-8695 121 I-I Joint Development Agreemcn1 09.23.13 dran 7 Washington Federal By ____ _ Keith Taylor Its Senior Vice President. _____ _ Address: 425 Pike Street Seattle, WA98101 Phone: Fax: 206-777-8228 206-777-8343 1211-1 Joint Development A.grecmenl 09.23.J3 dmft MINUTES OF FIRST MEETING OF LIMITED LIABILITY COMPANY MEMBER OF LOZIER AT WlllTMAN COURT, LLC Pursuant to notice, the first meeting of the Member of LOZIER AT WlllTMAN COURT, LLC was held at the Company's office at 1300 114'" SE, Bellevue, Washington, on September 24, 2013. The meeting was called to order at 4:30 p.m. Present at said meeting was the sole member. ACKNOWLEDGEMENT OF FILING OF CERTIFICATE OF FORMATION The Certificate of Fonnation has been filed in the office of the Secretary of State, State of Washington, on September 24, 2013, and a copy of such certificate and the evidence of filing with the Secretary of State have been inserted in the minute book of the Company. ELECTION OF MANAGER Upon motion duly made and unanimously carried, Gary Sanford was elected to serve as Manager until March 2014 and until a successor is elected. ELECTION OF ASSISTANT MANAGERS Upon motion duly made and unanimously carried, Brett Michaelson was appointed Assistant Manager. Brett Michaelson is authorized to sign all credit applications, annual reports, fmancial statements, payroll tax returns and similar documents on behalf of the Company. He shall also be authorized to request loan draws from the Company's lender, Westerfield Financial, LLC provided such funds are deposited in the Company's account with Bank of America. He shall also be authorized to sign any lease, deed, easement, bill of sale, mortgage, trust deed, security agreement, contract of sale, or other document conveying, leasing, or granting a security interest in the interest of the Company in any of its assets, or any part thereof. Upon motion duly made and unanimously carried, Paul Ebensteiner was appointed Assistant Manager. Paul Ebensteiner is authorized to sign all construction and development permit applications (including but not limited to developer extension applications, utility extension applications, clearing and grading permits, etc.); engineering, consulting and development contracts and agreements; and platting documents on behalf of the Company. He shall also be authorized to sign any easement, bill of sale for utility systems, the final plat and any other document related to development of the Company's assets. ADOPTION OF BANKING RESOLUTIONS Upon motion duly made and unanimously carried Bank of America is selected as the depository for the Company's funds and Brett Michaelson, an Assistant Manager, is authorized and directed to execute the forms for the company banking resolution of authority for bank accounts and borrowings required by said bank. AFPROV AL OF OPERATING AGREEMENT Upon motion duly made and unanimously carried the Operating Agreement between LOZIER AT WHITMAN COURT, LLC and Lozier Homes Corporation, in form reviewed by the Member, is deemed to be in the best interest of the Company and is hereby approved and accepted. The Member is authorized to execute such agreement, and execution of such agreement by the Member shall be conclusive evidence of such approval and acceptance. There being no further business, on motion duly made, seconded and unanimously carried, the meeting was adjourned at 5:00 p.m. PLANNING DIVISION WAIVL. _ OF SUBMITTAL REQUI. __ MENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Plat Name Reservation, Preapplicabon Meeting Summary , Public Works Approval Letter 2 £7j- Rehabilitation Plan, Screening Detail, Shorel,ine Tracking Worksheet 4 Site Plan 'AND' Stream or Lake Study, Standard 4 ~ Stream or Lake Study, Supplemental, ~ Stream or Lake Mitigation Plan .. ~ Street Profiles, Title Report or Plat Certificate, Topography Map, Traffic Study, Tree Cutting/Land Clearing Plan 4 ~ Urban Design Regulations Analysis, ~ Utilities Plan, Generalized, Wetlands Mitigation Plan, Final, Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation, Wireless: Applicant Agreement Statement 'AND' Inventory of Existing Sites 'AND' Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 'AND3 Map of View Area, AND 3 Photosimulations 'AND 3 ,J This requirement may be waived by: 1, Property Services 2. Public Works Plan Review PROJECT NAME: ------'/'-/V,-'-'f1;'--'/.L~'---'-'-''7jJ'_'.f-<.-...:o..c:"_T_'___n"_-;O____'L-c...1 z'<-L---2_ DATE: __ ---'7:..,,/:...2:...' _CJ.:....,LI-/;:...4--L· __ _ 3. Building 4. Planning H;\CED\Oata\Forms-Templafes\Self-Help HandolJts\Planning\waiyerofsubmittalreqs. 06109 PLANNING DIVISION WAIVEL _F SUBMITTAL REQUIRIENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2AND4 Deed of Right-of-Way Dedication Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural, AND 4 Environmental Checklist 4 Existing Covenants (Recorded Copy) 4 Existing Easements (Recorded Copy) 4 Flood Hazard Data 4 Ii!!?-- Floor Plans 'AND 4 Geotechnical Report 2 AND' Grading Plan, Conceptual 2 Grading Plan, Detailed 2 Habitat Data Report 4 L;P- Improvement Deferral 2 Irrigation Plan 4 /!7y-- King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual. Landscape Plan, Detailed 4 Legal Description 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) 1 ~. Neighborhood Detail Map 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Post Office Approval 2 This requirement may be waived by-: 1. Property SelVices 2. Public Works Plan Review PROJECT NAME: vYHITfflt\!{{/)1t'[ rpwD DATE: _'_------'7-,L0.=/f!'-'-7LJ.//'-1L--__ _ 3. Building 4. Planning H:'CEO\Data\Fonns·Templates\Self·HeJp Handouts\Planning\waiverofsubmittalreqs 06/09 1§§{i§1:;:,CONSULTING ENGINEERS LLC July 30, 2014 Job No. 1799-001-013 Ms. Rocale Timmons City of Renton Planning and Development 1005 South Grady Way Renton, WA 98057 RE: Whitman Court Phase One FInal Planned Urban Development Confirmation of Compliance with all Conditions of PPUD Approval LUA 14-000295 Dear Rocale: We are submitting to the City of Renton an application for Final Planned Urban Development for Phase One of Whitman Court. This letter will serve as the Confirmation of Compliance with all Conditions of PPUD Approval. The project went to a Hearing Examiner for review and also included an administrative minor modification. The first conditions are from the Hearing Examiner's Decision dated June 11, 2014 and include conditions associated with the Determination of Non-Significance Mitigated dated April 24, 2014. The Administrative Modification Decision dated July 2, 2014 includes one additional condition. For simplicity, I have broken this letter into three sections to address the conditions based on the date they were received. I have also copied the original condition in italics and our actions to meet the condition in bold. The original approval is for 41 lots, but during engineering the plans were revised and the project was reduced by one residential lot. Currently, the proposal is for 39 residential units/lots and 1 commercial bank site/lot The Whitman court PUD has been broken into two phases for development. The first phase will include lots 1-20 and lot 40 for the bank site. This phase will also include all wetland mitigation or enhancements. Roads A & B along with the improvements to Whitman Court will be built with Phase 1. Phase 2 will include the construction of lots 21-39 and roads C & D. Conditions from the Hearing Examiner's Decision dated June 11, 2014: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated April 21, 2014. The two mitigation measures from the Environmental Review Committee are as follows: ESMFederalWay 33400 8th AlJl! S, Ste 205 Federal Way, WA 98003 253.838.6113 tel 800.345.5694 toll free 253.838.7104 fax 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. ESMEverett 1010SEEverettMallWaV,Ste210 Everett, WA 98208 425.297.9900 tel 800.345.5694 toll free 425.297.9901 falC Ms, Rocale Timmons July 30, 2014 Page 2 All construction plans have been prepared to the specifications of the Geotechnical Report prepared by Associated Earth Sciences, Inc., dated December 16, 2013. As the project progresses to construction and earthwork, all work will be prefonned to the specifications of the Geotechnical Report 2. The applicant shall be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements, A Temporary Erosion and Sediment Control Plan (TESCP) was prepared pursuant to the King County Surface Water Design Manual Erosion and Sediment Control Requirements. The TESCP was submitted to the City of Renton Development Engineering for review on July 14, 2014. The applicant has not yet received review comments back from the City. 2, A final wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann-Oliver Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area Finally, the applicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first A final wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann-Oliver Mitigation Plan has been prepared and is included with this application for review by the Current Planning Project Manager. In order to preserve and protect the wetland, stream, and associated buffers the applicant has created a tract that will maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Prior to Final Plat the split rail fence will be installed on the site. 3, The applicant shall submit a screening/fencing detail plan. The screening/fencing detail plan shall be submitted to and approved by the Current Planning Project Manager prior to PUD/Final Plat approval whichever comes first Screening is shown on the final landscape plans that are included with this application. A specific detail plan was not prepared but rather integrated into the Final Landscape Plans. 4. The applicant shall provide interpretative signage/information at the trail entrance along NE 4th St and at the northern most lookout along the trail. The site plan depicting the signage shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final Plat approval whichever comes first Ms. Rocale Timmons July 30. 2014 Page 3 Interpretive signage/information at the trail entrance is Included in the revised Anal Wetland Buffer Enhancement plans and will be constructed with the plat prior to final plat recording. The final wetland plans are included in this application for review and approval by the Current Planning Project Manager. 5. An easement shall be recorded memorializing the public access to the wetland trail prior to Rnal PUOIRnal Plat Recording whichever comes first. Prior to final plat recording an easement will be prepared and submitted for review. 6. The applicant shall provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUOlconstruction permit approval whichever comes first. The final landscape plan for Phase One is included with this application. 7. The applicant shall amend the landscape plan to reflect plants with a maturity height of 6-feet and 100% obscurity for the entire length of the modified 5-foot wide visual barrier along the eastem portion of the southern property line. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUO approval whichever comes first The landscape plan has been amended to reflect this condition and is included with this application. The landscape plan includes plants with a maturity height of 6-feet and 1 00% obscurity for the entire length of the modified 5-foot wide visual barrier along the eastern portion of the southern property line. 8. The applicant shall revise the elevation so that garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUO/building permit approval whichever comes first The elevations of the buildings have been revised so that the garage doors provide additional details and all sides of the building facing streets have a front door/porch presence. The revised elevations are included with this application. 9. The applicant shall be required to dedicate 1-foot behind the sidewalk for maintenance in addition to right-of-way dedication for eXisting luminaire foundations along NE 4th St The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUO approval whichever comes first. The additional ROW is shown on the site plans and will be dedicated and recorded as part of final pial The revised site plan is included with this application. 10. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUO approval whichever Ms. Rocale Timmons July 30, 2014 Page 4 comes first, depicting the following: North of Road 'A: the required planter strip adjacent to the bank site would be B-feet, the sidewalk would be 5 feet, the existing 32-foot paved public road portion would remain to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required; South of Road ~: would be required to remain a private road. The private road would have minimum 26-feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5-feet and a 5-foot sidewalk The paved width of this portion of the road would be finalized after a turning movement diagram to allow the tuming of large trucks serving the post office is provided by the applicant; Signage must be provided by the developer at the transition from the public to the private road. The site plan has been revised according to the specifications listed above and is included in this application. 11. The centerline of Road ~' shall align with the centerline of the main post office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The centerline of Road A and the centerline of the main post office driveway across Whitman Court are now aligned. Please see the revised site plans included with this application. 12. The applicant shall be required to redesign the roads in order to provide a minimum of 20-foot wide paved drive lane, separate from any required sidewalks. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first A 20 foot paved drive lane is provided throughout the project Please see the revised site plans included with this application. 13. The applicant shall equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. All of the townhomes will be equipped with fire sprinkler systems. This will be reviewed and approved at the time of building permit 14. A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. The walls have been redesigned to allow for the separation as required. The sight distance for the common parking spaces is demonstrated on the engineering plans that are being reviewed at the City right now. 15. The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. A copy of the bylaws shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Please see the draft legal documents Included with this application. Ms. Rocale Timmons July 30, 2014 Page 5 16. The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank The detailed plan set shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval for the bank The detailed plan set for screening of roof mounted equipment for the proposed bank will be included with building permit application. 1 7. A revised site/landscape plan shall be submitted depicting inteNening landscaping at no more than 7 stall inteNals in order to reduce the visual impact of surface parking throughout the development. The revised site/landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permiUFinal PUO approval whichever comes first The site/landscape plans have been revised to include intervening landscape between stalls as required. Please see the revised site plans and landscape plans included with this application. 18. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC4-4-080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUO approval whichever comes first. The site plans have been revised to include bicycle parking. Please see the revised site plans included wHh this application. 19. The applicant shall be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager prior to Final PUO approval. The bank site has a designated refuse structure that is provided. The townhomes will have individual pickup of garbage. 20. The applicant shall be required to revise the landscaping plan to enhance the landscaping/screening along NE 4th St, primarily directly in front of the drive-thru bays. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to Final PUO/construction permit approval whichever comes first Staff shall apply this condition in a flexible manner in order to ensure that the security interests of the bank are not compromised. This condition may be revised as necessary by staff to accommodate any administrative waiver to landscaping requirements authorized by City code. The landscape plan has been amended to reflect this condition and is included with this application. 21. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The detailed elevations for the refuse and recyclable enclosure will be included with the bank building permit application. 22. The refuse and recycling facilities shall be screened with landscaping on a minimum of three sides. The revised landscape plan shall be submitted to and Ms. Rocale Timmons July 30, 2014 Page 6 approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. The landscape plan has been amended to reflect this condition and is included with this application. 23. The applicant shall be required to reduce the number of residential curb cuts along the internal road system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first Where possible the site plan has combined the curb cuts to reduce the overall number along the internal road system, Site Development plans have been submitted and are being reviewed. Tract B has a single driveway curb cut to serve lots 15-20. Lots 13 & 14 share a driveway drop and lots 11 & 12 also have been combined. Tract D has a single driveway curb cut and it serves lots 5-10. In Phase 2 of the project lots 37-39 share a driveway cut and lots 33-36 share a curb cut 24. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The site plan depicts the differentiation in materials for all pedestrian connections within parking areas. The site development plans also reflect this. 25. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western far;ades of the commercial building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD or building permit approval whichever comes first Revised elevations are included with this application. Some of the detail elements are readily visible on the revised elevations while other may be presented at the time of building permit application. The revised elevations Include a variety of contrasting materials and modulation. Awnings and canopies add additional special detailing along the ground floor. The northern and western facades of the bank site have been revised to include a low block wall fac;:ade, additional site lighting, and some variation in the materials and colors. 26. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and color for the residential structures. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Rnal PUD approval whichever comes first. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. Ms. Rocale Timmons July 30, 2014 Page 7 Revised elevations are included with this application. Brick elements have been added as recommended above. Contrasting materials and modulation have been incorporated. Some of the detail elements are readily visible on the revised elevations while others may be presented at the time of building permit application. 27. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonty, pre-finished metal, stone, steel, glass, cast-in-place concrete, or other high quality material. A materials board will be prepared and submitted as part of the building permit process. 28. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless altemative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-0.75 Ughting, Exterior On-Site. A lighting plan Is being prepared and will be submitted for review with the site development plans. As required all lighting will adequately provide for public safety without casting excessive glare on adjacent properties. 29. The applicant shall be required to submit revised elevations depicting additional omamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. Revised elevations are included with this application. Some of the detail elements are readily visible on the revised elevations while others may be presented at the time of building permit application. 3~. The applicant shall provide revised site plan demonstrating compliance with the private open space standard of at least 15-feet in eve/}' dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUOlbuilding permit approval whichever comes first This condition may be modified as necessa/}' by staff to conform to any administrative waiver to the 15 foot standard granted pursuant to City code. An Administrative Modification was applied for and approved. Please see attached approval. The modification reduces the minimum private open space standard to 7.5 feet in every dimension. The site plans reflect compliance with the modification. 31. Prior to the issuance of any occupancy permit, the developer shall fumish a security device to the City in an amount equal to the provisions of RMC 4-9-0.60. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Ms. Rocale Timmons July 30, 2014 Page 8 Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division. A financial security device will be furnished to the City for the landscaping prior to the issuance of occupancy permits. 32. The applicant shall create a homeowner's association to ensure that the private roads and other common facilities are adequately maintained. The CC&Rs shall require the lot owners to maintain the common facilities and shall provide that the City may maintain the facilities at the expense of the lot owners if the lot owners fail to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. The draft home owners association has been prepared and is included with this application for review by the City of Renton. These will be approved and recorded concurrently with the final plat approval and recording. 33. All proposed street names shall be approved by the City. Names have not yet been assigned to the streets within the project When names are being selected the City will be consulted for approval. 34. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. During construction of the project all adjacent and new rights of way will be graded to their full width and the pavement and sidewalks will be constructed per city codes. 35. If staff has not already done so, staff shall assess the need for crosswalks as required by RMC 4-7-160(B) and require crosswalks as circumstances warrant. Crosswalks have been included throughout the project There are no off-site improvements required for this project 36. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15? All lot corners at intersections of dedicated public rights-of-way, except alleys, have been designed with a minimum radius of fifteen feet (15'). 37. Side sewer lines shall be installed eight feet (8? into each lot if sanitary sewer mains are available, or provided with the subdivision development. Engineering plans have been prepared that show the 8' side sewer lines as conditioned. These plans are currently being reviewed by the City of Renton. 38. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department Ms. Rocale Timmon~ July 30, 2014 Page 9 All utilities have been designed to be underground as required. This is shown the Utility Plans included with the Engineering Plans that were submitted to the City of Renton. 39. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to seNe each lot. Conduit for seNice connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such seNice connections are extended to seNe any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring seNice to the development shall be bome by the developer and/or land owner. The subdivider shall be responsible only for conduit to seNe his development Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. Conduit will be provided as specified above. This will take place during site development 40. Monumenting and street signs shall be installed prior to final plat approval as required by RMC 4-7-210. Monuments and street signs will be installed prior to Final Plat approval and recording. We feel that the applicant has complied with the conditions as set forth by the Hearing Examiner and the Environmental Review Committee. Based on the completion of the site development and necessary improvements along with any performance guarantees that may be required, we request that you approve the Final Planned Urban Development Should you have any questions, or require additional information please contact me directly. We look forward to working with you. Sincerely, ESM CONSULTING ENGINEERS, LLC ;;f/v/J) ~ANM~ Project Planner Enclosures cc: Paul Ebensteiner; Brett Conway \\esm8\engr\esm-jobs\1799\001 I0131documentlconfirmation of compliance.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION [gJ APPROVAL 0 DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING ClASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Whitman Court PUD -Private Open Space Modification lUA14-00029S Rocale Timmons, Senior Planner Paul Ebensteiner lozier at Whitman Court llC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 Commercial Arterial (CA) 4425 NE 4th St and 351 Whitman Court NE Pursuant to RMC 4-9-2500 the applicant is requesting an Administrative Modifications from RMC 4-9-150E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. BACKGROUND: The applicant requested Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi-family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank. The vacant 5.12 acre Site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The development would be comprised of 10 separate multi-family residential structures resulting in a density of 11.4 dulac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct NE. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The PPUD would be used to vary lot, landscaping street, setback, parking, deSign, and refuse and recycle standards. The applicant proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. On June 11, 2014 the City's Hearing Examiner issued an approval of the Whitman Court PUD subject to 40 conditions of approval. SpeCifically related to private open space Condition #30 states: City of Renton Department of Commun;ty and Economic Development Administrative Modification Request Report & Decision WHITMAN COURT PUO LUAl4-000295, MOO Report of July 2, 2014 Page 2 of 4 30. The applicant shall provide revised site plan demanstroting compliance with the private open space standard af at leost is-feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD!building permit approval whichever comes first. This condition may be modified as necessary by staff to conform to any administrative waiver to the 15 foot standard granted pursuant to City code. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). Each residential unit of the Whitman Court PUO appears to have private open space. However, the private open space does not appear to meet the minimum requirement of 15-feet in every dimension. The applicant is proposing a minimum of 75 square feet of private open space for each lot with no less than 7.5 feet in every dimension. An administrative modification, from the City's PUO private open space standards, is needed in order to modify the dimensional requirements outlined in the code. ANALYSIS OF REQUEST: Section 4-4-1500.4 allows the Administrator to grant modifications from the PUO Development Standards for individual cases, provided the modification meets the following criteria (pursuant to RMC 4-9-250.0.2): Criteria a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, bosed upon sound engineering judgment; and Staff Comment: To ensure that areas for both passive and active recreation are available to reSidents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations there are requirements in the code for private and common open space. The proposed development is designed specifically to increase the access and opportunity for open space. The mUltiple open spaces throughout the site are well Criteria Met designed and provide a variety of recreational opportunities both passive and X active. Both active and passive recreation areas are significantly beyond the standard code requirements for which its benefits would extend beyond the proposed development to the public. The Critical Areas Tract (Tract A) represents 35% of the gross land area of the site which would continue to be set aside for the preservation of critical areas and be used for passive/visual recreation. Additionally, the proposal includes seven recreation tracts totaling approximately 20,000 square feet. The proposed 20,000 square feet far exceeds the minimum code requirement of 50 square feet per unit (50 SF x 40 units = 2,000 SF). The trail proposed within Tract A would also provide approximately 4,800 square feet of paSSive recreation space for bird viewing City of Renton Department oj Community and Economic Development Administrative Modij;cation Request Report & Decision WHITMAN COURT PUD LUAI4-000295, MOD Report of July 2, 2014 Page 3 of 4 and walking. Each unit is also proposed to have private open scape in the form of back/front yards in the amount of 75 square feet with minimum dimensions of 7.5 feet. Therefore the proposal, would meet the objectives intended by the Code requirements. b. Will not be injuriDus to other property(ies) in the vicinity; and Staff Comment: The proposed recreation space, both common and private, would provide adequate functional and usable space to accommodate the X residents of the Whitman Court PUD. It is not anticipated that the approval of a modification to permit reduce the dimensional requirements for private opens space would be injurious to other properties in the vicinity. c. Conform to the intent and purpose of the Code; and X Staff Comment: See discussion under criterion "a". d. Can be shown to be justified and required for the use and situation intended; and Staff Comment: The applicant contends a reduction in the private open space dimensional requirements is considered reasonable in that the communal X recreation and common opens space areas proposed are integral aspects of the development which would encourage pedestrians and residents to recreate. Staff concurs, the request is justified for the Planned Urban Development. e. Will not create adverse impacts to other property(ies) in the vicinity; and X Staff Comment: See discussion under criterion "a" and "b". DECISION The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250D.2 if all conditions of approval are complied with. Therefore, the Whitman Court PUD -Private Open Space modification, Project Number LUA14-000295, MOD is approved. Ilz/ UJI'f J f H PI 0 Jenm er enmn~ anmng Irector Date City oj Renton Department of Community and Economic Development Administrative Modification Request Report & Decision WHITMAN COURT PUD LUAl4-000Z95, MOD Report of July 2, 2014 Page 4 of 4 The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on July 16, 2014. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall-7th Floor, (425) 430-6510. If you have any further questions regarding this decision, feel free to contact the project manager, Rocale Timmons, at 425.430.7219 or rtimmons@rentonwa.gov. DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 223.073 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements" Critical Areas' Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43.560 for net acreage: 5. Number of dwelling units or lots planned: 1.932 square feet 49.785 square feet 32.126 square feet 2. 83.843 square feet 3. 139.230 square feet 4. 3.2 acres 5. 40 units/lots 6. Divide line 5 by line 4 for net density: 6. 12.5 = dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded . • * Alleys (public or private) do not have to be excluded. \\Esm8\engr\ESM-JOBS\1799\OOI\OJ 3\document\density -revised.doc -1-03/08 f-a: :) o Q Z < ~ I s: C;tf .. __ a... ..... __ _ -!It-_ -- SE t 28tH ST (KING COUNTY) ~4~J~ONi -- !!!~ Itli.t.l --=::.--E.: a& :=""'2::"'" 1--,-- ~ .......• ,,99-0(n-01l 0,~ -." 4-~ \ ') 9 'f-~J ~~F~ ..... =: 1 t..;'-;' 1 -- n t SCALE:1· ... <40' NO \) V-I'\I J\ U J--'~ ,'J. "\. ..Q,..\\' I\) F+ 'd-\ \3 01:> /~6> / ·00· JUL d,; \ , 29 ;'1 \", '014 ',,' \'--"'c!--£1 0"' " ~ ! ~", HJ)o;[I1'DRCOWI'\.IIIIatQCJT'I'If~ ROOFING pAeCO OR EQUIY. CARCOL.E BODY COLOR "D". ~DDA PAINTS -C;A]II, "I:>TOfir1" eEVEL.ED SIDING. ACCENT COLOR ~DA PAINTS -9-9 "DEYINE COOL." ElODY ACCENT COLOR BODY COLOR "C". ~DA I"'AINTI:> -CAIf)6ID, "CL.OVE" eEYELED SIDING. ACCENT COLOR ~DA PAINTS -CA21e "CAYENNE" ~T DOORS c METAL. CANOFrS WHITMAN BODY COLOR "B". ~DDA PAINTS -CAlD11D, ''B~AP" BEVEL.ED SIDING. o 8444 ~ TRIM COLOR ~DA FAINTS, 'SIE~ ElL.ANCA" CO!ONE~ c WINDOW miN -I CA045 I BODY COLOR "A". ~DDA I"'AINTS -CAIZ)4!;, "!-!EARTH" HA~IE PANEL. ENTRY STONE EL.DORADO STONE OR EQUIY. f'RE55COTT ElL.UFFSTONE D~Y -STACK COURT COLORS 4 MATERiALS • LOZIER HOMES GROUP1 • RENTON 1 WASH. CERTIFICATE OF ARTICLES OF INCORPORATION FOR WHITMAN COURT COMMUNITY ORGANIZATION A Washington Nonprofit Corporation In compliance with the requirements of Revised Code of Washington chapter 24.03, as amended, Whitman Court Community Organization, a nonprofit corporation, hereby adopts this Certificate of Articles of Incorporation for Whitman Court Community Organization. ARTICLE I Name The name of this corporation is WHITMAN COURT COMMUNITY ORGANIZATION. ARTICLE II Duration The period of duration of this corporation shall be perpetual. ARTICLE III Purpose The purposes for which this corporation is organized are to promote the welfare and interests of the residents of the Whitman Court Development as defined by the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington by administering and enforcing the protective covenants governing the use of the property in the development, approving plans for improvements of lots in the development in accordance with the protective covenants, engaging in civic improvements and development activities, acquiring, owning, improving, managing, repairing, maintaining and operating real and personal property for the benefit of its members, and to do such things as may be necessary and convenient to accomplish all such purposes. ARTICLE IV Internal Regulations Section 1. Lots. As used in these Articles, Lot or Lots shall refer to Lots which are described in the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington. Section 2. Memberships. There shall be a maximum of one membership in this corporation for each Lot and no more memberships. Membership in this corporation shall be appurtenant to and not severable from such fee ownership interest and shall transfer and terminate with transfers and termination of such interests without further action on the part of this corporation or its several members. Membership shall stand in the name or names of the persons who from time to time are record fee title owners of lots. The holders of the memberships shall be members of this corporation. Section 3. Assessments. Each membership shall be subject to assessment in an amount determined by the Directors for administrative costs of the corporation and for Articles of Incorporation Whitman Court Draft Articles.docx maintaining, repairing, improving, reconstructing, replacing, and regulating any property which the corporation may acquire and any other property that the corporation is required to maintain per the Declaration of Protective Covenants for Whitman Court as recorded in King County, Washington ("Protective Covenants"). The assessments shall be equally applied against each membership. The members who hold the membership shall be jointly and severally liable for assessments against the membership. Section 4. Voting. Each membership shall be entitled to exercise one vote on each matter presented to the membership for consideration. A party which holds more than one membership shall have one vote for each membership it holds. The manner of exercising the vote shall be as set forth in the bylaws. Section 5. Term of Initial Board. The initial Board of Directors shall serve until the expiration of the Development Period, which is defined in the Protective Covenants and which definition is incorporated herein as if set forth in full. Any vacancy occurring in the initial Board of Directors, regardless of the cause therefore, shall be filled by the action of the Declarant. Section 6. Election of Directors. Until the expiration of the Development Period, all Directors shall be appointed, and may be removed or replaced without cause by the Declarant. Upon the expiration of the Development Period, no less than three but no more than five Directors shall be elected by the membership. The number of Directors may otherwise be increased or decreased consistent with the Bylaws. A person receiving the most votes at an election of Directors shall be elected regardless whether such person receives a majority. If more than one Director is to be elected at a meeting then each Director shall be elected separately so that, for example, the first vacancy shall be filled by election before the nominations are closed and the election is held for the second vacancy. Nominations shall be made separately for each vacancy, may be made by a committee appointed by the President and may be made from the floor. Section 7. Term of Directors After Development Period. One Director shall be elected for a term of two years and two Directors shall be elected for a term of one year. The term of such Directors shall end on the day of the month on which the annual meeting of members is held; provided that in any event each of such Directors shall serve a term of at least one full year. Thereafter, at the expiration of the term of each of such Directors, a Director shall be elected for a term of two years to fill the vacancy. In any event, each Director shall serve until a successor is elected and qualified and shall be elected at an annual meeting of members. Section 8. Qualifications of Directors. After the initial term of Directors ends, no person shall be qualified to be elected as Director of this corporation or to continue to hold office as Director of this corporation unless such person holds a membership in this corporation. Section 9. Reserves. As determined by its Directors, from time to time this corporation may establish and maintain reasonable reserves for maintenance and replacement of its property. Section 10. Amendment. These Articles may be amended by a majority vote of those present at a meeting of the organization at which a quorum is present, provided that during the Development Period, the Declarant may unilaterally amend these Articles at any time if such amendment is necessary to bring any provision hereof into compliance with any applicable statute, rule, regulation or judicial decision. No amendment to these Articles shall be adopted during the Development Period without the written consent of the Declarant. Articles of Incorporation Whitman Court Draft Articles.docx ARTICLE V Initial Registered Agent The address of the initial registered office of the corporation is 1300 114th Avenue S.E .• Suite 100, Bellevue, Washington 98004, and the name of the initial registered agent of this corporation at such address is Lozier at Whitman Court, LLC, a Washington limited liability company. ARTICLE VI Initial Board of Directors The initial Board of Directors shall be comprised of a minimum of two Directors. The names and addresses of the persons who are to serve as the initial Directors are: Gary Sanford Brett Michaelson Lozier at Whitman Court, LLC 1300 114th Ave. S.E., Suite 100 Bellevue, WA 98004 Lozier at Whitman Court, LLC 1300 114th Ave. S.E., Suite 100 Bellevue, WA 98004 ARTICLE VII Incorporator The name and address of the incorporator is Lozier at Whitman Court, LLC, 1300 114th Avenue S.E., Suite 100, Bellevue, Washington 98004. ARTICLE VIII Distribution of Dissolution In the event of dissolulion of the corporation, the net assets of the corporation shall be distributed among persons and parties holding its memberships in proportion to the number of votes held by the respective memberships. ARTICLE IX Indemnification To the full extent permitted by law each Officer and Director of this corporation shall be indemnified by the corporation from and on account of any liability for acts or omissions occurring during the course of business or activities undertaken on behalf of the corporation, including but not limited to any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the corporation's Board) to which such Officer or Director may be a party by reason of being or having been an Officer or Director. This indemnification shall include indemnification against all costs and expenses, including attorneys' fees, litigation costs, civil penalties, fines and other charges incurred incident thereto. This indemnification shall not extend to any individual or joint willful misfeasance, willful malfeasance, willful misconduct, or bad faith on the part of any Officer or Director, nor shall this indemnification extend to any action by or on behalf of the Corporation against a Director in which action the Director has been adjudged guilty of any breach of duty toward the Corporation. In addition, no Officer or Director shall be personally liable to the corporation or any of its members for monetary damages for any mistake of jUdgment, negligent conduct or other conduct as an Officer or Director; provided that this Articles of Incorporation 3 Whitman Court Draft Articles_docx provision shall not eliminate or limit the liability of an Officer or Director for acts or omissions that involve willful misfeasance, willful malfeasance, willful misconduct, or bad faith by the Officer or Director or for any transaction from which the Officer or Director will personally receive a benefit in money, property, or services to which the Officer or Director is not legally entitled. To the extent that it is necessary for the Officers or Directors to implement this indemnification, at the request of an Officer or Director, the Officers or Directors shall take such action as is appropriate and allowable to implement this indemnification. The corporation may, at the discretion of the Board of the corporation, maintain adequate general liability and Officers' and Directors' liability insurance to fund this obligation, if such coverage is reasonably available. DATED: August_.2014. LOZIER AT WHITMAN COURT, LLC a Washington limited liability company by __ ~~~~ ____________ __ Gary Sanford, Manager CONSENT TO SERVE AS REGISTERED AGENT LOZIER AT WHITMAN COURT, LLC, a Washington limited liability company, hereby consents to serve as Registered Agent, in the State of Washington, for WHITMAN COURT COMMUNITY ORGANIZATION, a Washington nonprofit corporation. We understand that as agent for the corporation, it will be our responsibility to receive service of process of the name of the corporation, to forward all mail to the corporation; and to immediately notify the office of the Secretary for State in the event of our resignation, or of any changes in the registered office address of the corporation for which we are agent. DATED: August_, 2014. STATE OF WASHINGTON COUNTY OF KING LOZIER AT WHITMAN COURT, LLC a Washington limited liability company by __ ~~~~ ____________ __ Gary Sanford, Manager 1300 114th Avenue S.E., Suite 100 Bellevue, WA. 98004 I certify that I know or have satisfactory evidence that GARY SANFORD signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of LOZIER AT WHITMAN COURT, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: August _, 2014. Notary Public.----:_---;-______ _ My appointment expires: Articles of Incorporation 4 Whitman Court Draft Articles.docx BYLAWS of WHITMAN COURT COMMUNITY ORGANIZATION a Washington Nonprofit Corporation ARTICLE I Offices and Definitions Section 1. Offices. This corporation shall have such offices as the Board of Directors may designate or its business may require from time to time. Section 2. Definitions. The corporation may be referred to herein as the "Organization" or the "Community Organization", as defined in the Declaration of Protective Covenants for Whitman Court. "Declaration" refers to the Declaration of Protective Covenants for Whitman Court. "Articles" refers to the Articles of Incorporation as filed on August _, 2014 with the Secretary of State of Washington, and as restated or amended. ARTICLE II Number of Directors The initial number of Directors of this corporation shall be two. The number of Directors is otherwise subject to change as provided in the Articles. ARTICLE III Members and Membership Section 1. Annual Meeting. The annual meeting of the members shall be held within the first quarter of each calendar year with the date to be determined by the Board, commencing in 2016, for the purpose of electing Directors if any are to be elected and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the state of Washington, the meeting shall be held on the next succeeding business day. If the annual meeting is not held on the day designated herein, the Board of Directors shall cause a special meeting of members to be held as soon thereafter as may be convenient to elect Directors. Section 2. Special Meetings. Special meetings of the members may be called for any purpose or purposes by the President, or by a majority of the Board of Directors and shall be called by the Secretary at the written request of any members holding not less than ten percent (10%) of all votes of the members. Section 3. Place of Meeting. The annual meeting or special meetings of the members shall be held at such place within King County, Washington, as the Board of Directors may from time to time designate. Section 4. Notice of Meetings. It shall be the duty of the Secretary to mail by first class prepaid United States mail or cause to be hand delivered to the Owner of each Lot (as shown in the records of the Community Organization) a notice of each annual or special meeting of the Community Organization. The mailing or delivery of a notice of meeting in the manner provided in this Section shall be served not less than fourteen (14) nor more than sixty (60) days before a meeting. The notice of any special meeting shall state the date, time, and place of such meeting and the business to be placed on the agenda by the Board of Directors for a vote by the Whitman Court Draft Bylaws 2.docx members, including the general nature of any proposed amendment to the Articles of Incorporation, Bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a Director. Presence at any such meeting shall be deemed a waiver of any required notice or defect therein. Section 5. Quorum. The presence in person or by proxy of holders of twenty five percent (25%) of the votes of the members shall constitute a quorum at a meeting of members. If a quorum is present, a majority affirmative vote of the members present and entitled to vote shall be the act of the members unless the vote of a greater number or voting by classes is required by law, the Articles of Incorporation or these Bylaws. If a quorum is present at the opening of a meeting, it shall be deemed to exist throughout the meeting. Notwithstanding the foregoing and pursuant to RCW 64.38.025(3), unless seventy-five percent (75%) or more of the members, in person or by proxy, reject a budget proposed by the Board, the budget is ratified, whether or not a quorum of members is present. Section 6. Method of Voting. The holder of a membership entitled to vote may vote in person or by mail or by proxy. No right to cumUlate votes at the election of Directors shall exist. Each membership shall have one vote on each matter submitted to a vote at a meeting of membership as is provided for in the Articles of Incorporation. If a membership is held by more than one member, then the holders of the membership shall designate the person or proxy who shall exercise the vote of the membership. If more than one person or proxy shall attempt to exercise the vote of the membership on the same issue, then the vote of the membership shall be disregarded, and the membership shall be recorded as having abstained from the vote. Section 7. Voting by Certain Members. The votes of memberships held by a corporation, domestic or foreign, may be voted by such officer, agent or proxy as the bylaws of such corporation may prescribe, or in the absence of such provision, as the Board of Directors of such corporation may determine. A certified copy of a resolution adopted by such directors shall be conclusive as to their action. The votes of memberships held by a partnership may be voted by any partner. The votes of memberships held by a limited liability company may be voted by any representative of the limited liability company. The votes of memberships which are held by administrators, executors, guardians or conservators may be voted by them, either in person or by proxy, without a transfer of such memberships into their names. The votes of memberships which are held by trustees may be voted by them either in person or by proxy, but no trustees shall be entitled to vote memberships held by them without a transfer of such memberships into their name. The votes of memberships which are held by receivers may be voted by such receivers, and memberships under the control of a receiver may be voted by the receiver without the transfer thereof into their name if authority to do so is contained in an appropriate order of the court by which such receiver was appointed. Section 8. Informal Action by Members or Directors. Any action required to be taken at a meeting of the membership or Directors or any other action which may be taken at a meeting of the membership or Directors may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by the affirmative vote of a majority of all the members or Directors entitled to vote with respect to the subject matter thereof. The Secretary shall mail the written notice to all members and shall include (1) a proposed written resolution setting forth a description of the proposed action and (2) a statement that such persons are entitled to vote by mail for or against such a proposal on a date not less than 20 days after the date of such notice shall have been mailed on or before which all votes must be received. Votes received after the specified date shall not be effective. Hand delivery of a vote in writing to the principal office of the corporation shall be equivalent to receipt of a vote by mail for the purposes of this Article III, Section 8. Whitman Court Draft Bylaws 2.docx 2 Section 9. Suspension of Voting Rights. During any period in which a member shall be in default in the payment of any assessment levied by the corporation or the Declarant, the voting rights of such member may be suspended by the Board. Such voting rights may be also suspended for violation of any provision of the Declaration, the Articles, the Bylaws, or the rules and regulations of the corporation. In the event voting rights have been suspended, such votes(s) shall not be counted for any purpose, including for the purpose of determining whether a quorum has been achieved or whether any required majority has been achieved. ARTICLE IV Board of Directors Section 1. General Powers. The business and affairs of the corporation shall be managed by its Board of Directors, except as provided in Section 9 of this Article. The Board may delegate the day-to-day management duties of the corporation to any Officer of the corporation or to a managing agent not a member of the Board of the corporation. SectiQo_l" Change in Number, Tenure and Qualifications. The number of Directors may be increased or decreased consistent with statutory requirements and subject to the provisions of this Article IV by amendment to these Bylaws. After the initial term of Directors ends, no person shall thereafter be qualified to be elected as Director of this corporation or to continue to hold office as Director of this corporation unless such person is a member of this corporation. Except as provided in the Articles of Incorporation and unless removed in accordance with the provisions of these Bylaws, each Director shall hold office until the second annual meeting of the members after the meeting at which they were elected and until their successor shall have been elected and qualified. Section.il., Regular Meetings. Without other notice than this bylaw, a regular meeting of the Board of Directors shall be held immediately after and at the same place as the annual meeting of members. The Board of Directors may provide by resolution the time and place, within the State of Washington as the place for holding any other regular meetings of the Board of Directors or committees called by them. In addition the President or any Director may call a special meeting of the Board of Directors. Section 4. Notice. Written notice of special meetings of the Board of Directors stating the time and place thereof shall be given at least two (2) days prior to the date set for such meeting by the person authorized to call such meeting or the Secretary of the corporation either by personal delivery to each Director or by telegram. If mailed, the notice shall be deemed to be given when deposited in the United States mail, postage prepaid, so addressed to the Director. If notice is given by telegram, the notice shall be deemed given when the telegram is delivered to the telegraph company for transmission. If no place for such meeting is designated in the notice thereof, the meeting shall be held at the registered office of the corporation. Any Director may waive notice of any meeting at any time. The attendance of a Director at a meeting shall constitute a waiver of notice of the meeting except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. Section 5. Quorum. A majority of the number of Directors fixed by these bylaws shall constitute a quorum for the transaction of any business at any meeting of Directors. Whitman Court Draft Bylaws 2.docx Secti()n~, Manner of Acting. The act of the majority of the Directors present at a meeting or adjourned meeting at which a quorum is present shall be the act of the Board of Directors unless the act of a greater number is required by the Articles of Incorporation or these Bylaws. Section 7. Removal. After termination of the Development Period, anyone or more of the Board of Directors may be removed from office with or without cause by a majority vote of the membership. Section 8. Vacancies. Subject to the provIsions of Article IV of the Articles of Incorporation, any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum of the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of their predecessor in office. Any Directorship to be filled by reason of an increase in the number of Directors shall be filled by the Board of Directors for a term of office continuing only until the next election of Directors by membership. Section 9. Architectural Control. Until the end of the Development Period, the Declarant shall appoint members of the Architectural Control Committee described in Article C of the Declaration of Protective Covenants for Whitman Court. After the end of the Development Period, the Directors of this Organization shall act as the Architectural Control Committee or may delegate such duties to a committee appointed by the Board of Directors so long as at least two seats on the Architectural Control Committee are filled by Directors. The Board is not obligated to fill a vacancy unless there are less than three members of the Architectural Control Committee. Section 10. Open Board Meetings. All meetings of the Board of Directors shall be open to all members, except as otherwise provided by RCW 64.38.035. The Board of Directors shall keep minutes of all actions taken by the Board, which shall be available to all members. Section 11. Executive Sessions. Upon the affirmative vote in open meeting to assemble in closed session, the Board of Directors may convene in a closed executive session to consider personnel matters; consult with legal counselor consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the Articles of Incorporation, Declaration and/or Bylaws of the Organization, and matters involving the possible liability of a member to the Organization. The motion shall state specifically the purpose for the closed session. Reference to the motion and the referred purpose shall be included in the minutes. The Board of Directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board of Directors, following the closed session, reconvenes in open meeting, and votes in open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. Section 12. Ratification of Budgets. Within thirty (30) days after adoption by the Board of Directors of any proposed regular or special budget of the Organization, the Board shall set a date for a meeting of the members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting seventy- five percent (75%) or more of the members vote, in person or by proxy, to reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the members shall be continued until such time as the members ratify a subsequent budget proposed by the Board of Directors. Whitman Court Draft Bylaws 2.doex 4 Section 13. j,.imitations on Authority of Board of Directors. Notwithstanding any other provision in these Bylaws, the Board of Directors may not act on behalf of the Organization to amend the Articles of Incorporation, to terminate the Organization, to elect members of the Board of Directors other than to fill a vacancy pursuant to Article IV, Section 8, or to determine the qualifications, powers, duties or terms of office of members of the Board of Directors. ARTICLE V Officers Section.J., Number. The Officers of the corporation shall be President, one or more Vice Presidents, a Secretary and a Treasurer, each of whom shall be elected by the Board of Directors. Such other Officers and assistant Officers as may be deemed necessary or appropriate may be elected or appointed by the Board of Directors. Any two or more offices may be held by the same person except the offices of President and Secretary. An Officer may sit on the Board of Directors as determined by the Board of Directors. Section 2. Election and Term of Office. The Officers of the corporation to be elected by the Board of Directors may be elected for such term as the Board may deem advisable not to exceed three years. Officers of the corporation shall be elected at the first meeting of Directors following the expiration of the term of office. Each Officer shall hold office until their successor shall have been duly elected and qualified regardless of their term of office, except in the event of their prior death or resignation or their removal in the manner hereinafter provided. Section 3. Removal. Any Officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an Officer or agent shall not of itself create contract right or rights to compensation. Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. Section 5. President. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments and shall sign all promissory notes. The President shall prepare, execute, certify, and record amendments to the Articles of Incorporation, the Declaration, and these Bylaws, at the request and under the direction of the Board of Directors, as authorized by the members when applicable. Section 6. Secretary. The Secretary shall: (a) keep the minutes of members' and Board meetings; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records of the Organization; (d) keep a register of the post office address of each member as furnished to the Secretary by each member; (e) have general charge of the membership books of the corporation, and (f) in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or by the Board. Section 7. Treasurer. The Treasurer shall have primary responsibility for oversight of all financial matters for the corporation, including preparation of the budget as provided for in the Declaration, preparing and delivering the annual financial report, and insuring the financial records of the corporation have been maintained properly and in accordance with good Whitman Court Draft Bylaws 2_docx accounting practices. The Treasurer may delegate all or part of the preparation and notification duties to a finance committee, a management agent, or both. ARTICLE VI Contracts, Loans, Checks and Deposits Section l Contracts. The Board of Directors may authorize any Officer or Officers, agent or agents, to enter into any contract or execute and deliver any instruments in the name of and on behalf of the corporation, and that authority may be general or confined to specific instances. A Director or Officer of the corporation shall not be disqualified by their office from dealing or contracting with the corporation either as a vendor, purchaser, creditor, debtor or otherwise. The fact that any Director or Officer, or any firm of which any Director of the corporation is a member, officer or director, is in any way interested in any transaction or contract shall not make the transaction or contract void or voidable, or require the Director or Officer of the corporation to account to the corporation for any profits there from if the transaction or contract is or shall be authorized, ratified or approved by vote of a majority of a quorum of the Board of Directors excluding the interested Director. Section 2. Loans. No loans shall be contracted on behalf of the corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. That authority may be general or confined to specific instances. No loans shall be made by the corporation to its members, Officers or Directors. Section 3. Checks, Drafts, Deposits, etc. All checks, drafts or other orders for the payment of money notes or other evidences of indebtedness issued in the name of the corporation shall be Signed by the Officer or Officers, agent or agents of the corporation and in the manner as shall from time to time be determined by resolution of the Board of Directors. All funds of the corporation shall be deposited from time to time to the credit of the corporation in the banks, trust companies or other depositories as the Board or Directors may select. Section 4. Financial Records. The Organization or its managing agent shall keep financial records sufficiently detailed to enable the Organization to fully declare to each Owner the true statement of its financial status. All financial and other records of the Organization, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the Organization. Each Organization managing agent shall turn over all original books and records, including electronic records, of the Organization immediately upon termination of the management relationship with the Organization, or upon such other demand as is made by the Board of Directors. An Organization'S managing agent is entitled to keep copies of the Organization records. All records which the managing agent has turned over to the Organization shall be made reasonably available for the examination and copying by the managing agent. Section 5. Membership Records. All records of the Organization, including the names and addresses of Owners and other occupants of the lots, shall be available for examination by all members, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the Organization or its managing agent. The Organization shall not release the unlisted telephone number of any member. The Organization may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Organization in providing access to records. Section 6. Financial Statements. At least annually, the Organization shall prepare or cause to be prepared, a financial statement of the Organization. In the event annual assessments by the Organization are fifty thousand dollars ($50,000.00) or more, the financial statements shall be audited at least annually by an independent certified public accountant, but Whitman Court Draft Bylaws 2.doex 6 the audit may be waived if sixty-seven percent (67%) of the votes cast by members, in person or by proxy, at a meeting of the Organization at which a quorum is present, vote each year to waive the audit. Section 7. Qrganization Funds. The funds of the Organization shall be kept in accounts in the name of the Organization and shall not be commingled with the funds of any other organization, nor with the funds of any manager of the Organization or any other person responsible for the custody of such funds. ARTICLE VII Waiver of Notice Whenever any notice is required to be given to any member or Director of the corporation under the provisions of these Bylaws, the Articles of Incorporation or law, a waiver thereof in writing, signed by the person or persons entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of notice. ARTICLE VIII Amendments Except for Section 2 of Article IV which may only be amended with the unanimous consent of all of the memberships entitled to vote, these bylaws may be altered, amended, or repealed and new bylaws may be adopted by the affirmative vote of a majority of the Board of Directors at a meeting called for that purpose, provided the Declarant may unilaterally amend these Bylaws at any time if such amendment is necessary to bring any provision hereof into compliance with any applicable statute, rule, regulation or judicial decision. No amendment to these Bylaws shall be adopted during the Development Period without written consent of the Declarant. The foregoing was adopted as the Bylaws of Whitman Court Community Organization at the first meeting of Directors held on August _, 2014. ATTEST: Brett Michaelson Secretary, Director Whitman Court Draft Bylaws 2.docx Gary Sanford President, Director WHEN RECORDED RETURN TO: Gary Sanford Lozier at Whitman Court, LLC 1300 114th Avenue S.E., Suite 100 Bellevue, WA 98004 Titles: Grantor: Grantee: Declaration of Protective Covenants for Whitman Court Covenants, Conditions and Restrictions Lozier at Whitman Court, LLC, a Washington limited liability company Whitman Court Community Organization Legal Description: Insert legal here under Recording Number _____________ ; Records of King County, Washington; Tax Parcel ID#'s: Insert tax account numbers here Declaration of Protective Covenants for Whitman Court Covenants, Conditions and Restrictions WHEREAS, LOZIER AT WHITMAN COURT, LLC (herein referred to as Declarant), is the owner of certain real property in King County, Washington, included in the property to be platted as Insert legal here recorded under Recording Number Records of King County, Washington, and desires to establish a plan of private subdivision for all such properties within the plat of Whitman Court; In order to provide for land use restrictions as a part of such plans for the aforementioned properties, Declarant does hereby declare and establish the following restrictions, covenants and easements appurtenant: ARTICLE A Definitions Section 1. Definitions. As used herein, whether capitalized or not: 1. The words "Community Organization" and "Organization" shall refer to the Whitman Court Community Organization, a Washington nonprofit corporation, formed for the purpose of enforcing these covenants and providing other things that may benefit its members. 2. The word "Committee" is defined as the Architectural Control Committee as provided in Article C. Whitman Court Draft CCRs Number 3.docx 3. The words "Common Maintenance Areas" shall mean and refer to all real property in the Plat that is owned by the Organization, or that is designated by Declarant for future ownership by the Organization on a final plat or other recorded document creating a Phase, including certain open space areas and improvements thereon, as well as any areas or facilities that the Organization is charged with maintaining or monitoring. Areas that the Organization is charged with maintaining may include areas on individual lots as defined in Article D, Section 2 and Article E, Section 1(b). Common Maintenance Areas include: (a) Landscaped areas in the public right of way and any associated irrigation systems. (b) Landscaped areas, hardscapes and walkways on Tracts E, F, G, H, I, J, K, Land M which are owned and maintained by the Organization and any associated irrigation systems. (c) Landscaped areas on individually owned lots (as described in Article D, Section 2 and Article E, Section 1 (b)) and any associated irrigation systems excluding the rear yards of Lots 11 through 20 and Lots 33 through 39. (d) Any retaining walls located in Tracts owned by the Organization. (e) Any fencing installed by the Declarant as a plat amenity. (f) Any fencing, landscaping and irrigation installed by the Declarant along the boundary of the wetland and wetland buffer designated as Lot A Wetland as established by Ribera-Balko Short Plat. (g) The permanent critical area signage placed on the fencing in Lot A Wetland as established by Ribera-Balko Short Plat. (h) Any entry monumetation in Tract G. (i) Sidewalks, curbs and private roads, excluding Tracts Band D which are owned and maintained by the owners of lots 15 through 20 and lots 5 through 10, respectively. U) Private roads under joint maintenance agreements with adjoining property owners under recording numbers ____ and (k) Illumination facilities within the Plat. ----- (I) Mailbox structures. 4. The word "Declarant" shall mean and refer to Lozier at Whitman Court, LLC. "Declarant" shall also mean any assignee, provided said assignee is a also a successor in title to all or any portion of the unimproved lots or undeveloped portions of the plat of Whitman Court; and, provided further a certificate, signed by Declarant, has been recorded in the County in which the plat of Whitman Court is located, stating that said assignee assumes the rights and duties of Declarant. 5. The words "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) 90 days after 100% of the lots subject to this declaration have had single family attached residences constructed thereon by either the Declarant or Participating Builder and have been sold as residences; (ii) December 31, 2025; or (iii) the date upon which a Supplementary Declaration is recorded by Declarant terminating the Development Period. 6. The words "Governing Documents" shall mean and refer to this Declaration, any Supplementary Declarations subsequently filed, the Articles of Incorporation and the Bylaws of the Organization. 7. The word "Lot" shall refer to a lot as shown on any Plat as defined hereby but shall not include a parcel designated a "Tract" or "Parcel" on a Plat. 8. The word "Owner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to a Lot, excluding, however, any person holding such interest merely as security for the payment or satisfaction of an obligation. The Declarant and any Participating Builder(s) are Owners under this definition. Whitman Court Draft CCRs Number 3.docx • 9. The words "Participating Builder" shall mean a builder who has purchased an unimproved Lot or Lots in the Plat of Whitman Court for the purposes of building residences on such Lot or Lots and offering such residence(s) for sale. 10. The word "Plat" shall refer to Insert legal here recorded under Recording Number Records of King County, Washington. 11. The words "Protected Areas" shall refer to any Native Growth Protection Areas ("NGPAs"), Native Vegetation Protection Easements ("NVPEs"), any other areas recorded on the plat as environmentally protected areas, wetlands, streams, and open spaces. 12. The words "Subdivision" and "Whitman Court Development" shall refer to the real property included within any Plat as defined hereby. ARTICLE B Building and Land Use Restrictions Section 1. Improvements. No dwelling, residence, outbuilding, fence, landscaping, wall, building, pool, sport court or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article C. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. (b) Prior to making any change or alteration to the external appearance of any existing improvements on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article C. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences unless the work relates to the initial home construction. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period, including the initial home construction period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community except as allowed by Section 5 below. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (1) single family attached dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be submitted to and approved by the Committee as provided in Article C. (g) All structures and improvements shall comply with the provisions of applicable building and zoning codes, as amended from time to time, relating to site improvements, setback requirements, drainage easements and other easements or buffers: provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Codes. (h) No fence or wall shall be permitted on a Lot except that nothing shall prevent the erection of (i) a necessary retaining wall, (ii) fences installed by the Declarant, and (iii) rear yard fences on lots 11 through 20 and 33 through 39 which have been approved by the Committee as to appearance prior to installation. At no time shall any fence, wall, hedge, or mass planting Whitman Court Draft CCRs Number 3.docx functioning as a hedge, where permitted, extend higher than six (6) feet above the ground without the approval of the Committee. Fences shall be strictly in compliance with design guidelines established by the Committee, which standards may provide for limited acceptable styles, materials, and/or specifications. All fences shall be of approved designs and color as established by the Committee. (i) No lines or wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the buildings of a Lot, unless the lines and wires shall be underground or in conduit attached to a building. (j) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Installation of such satellite dishes shall be subject to the approval of the Committee. When mounted on the side of the home, they should be placed on the rear third of the house as close to the roof overhang as possible. Rear mounted satellite dishes should be mounted near the corner of the home as close to the roof overhang as possible. No satellite dishes may be mounted on the front of the home. If reception requires a mounting location other than those specified above, a site review by the Committee is required prior to approval. Solar panels shall be allowed as provided for in state law; the Committee may regulate location and require screening to the extent allowed under state law. (k) Seasonal decorative lights are allowed on the homes and landscaping improvements from October 15th through January 10th only unless otherwise approved in writing by the Committee. Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Subdivision. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Committee shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Dogs shall not be allowed to run at large. Leashed animals are permitted within the right-of-way. Pets shall be confined within the property or attended at all times. Section 3. Signs. No sign of any kind shall be displayed to the public view on any Lot except (1) entry signs identifying the neighborhood, (2) one sign of not more than five (5) square feet advertising the property for sale or rent, (3) political signs consistent with state law and City or County ordinance, and (4) signs used by the Declarant or Participating Builder of a residence on the Lot to advertise the property and identify the Declarant or Participating Builder during the construction and sales period of the residence. Participating Builder and Declarant signs may include project marketing signs, directional signs and model home signs. During the Development Period, Declarant shall review and approve all Participating Builder signs prior to posting. Political signs may not be displayed more than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Right of Way owned or maintained by the Community Organization. This Section shall not be applicable to the flag of the United States of America where such display is consistent with state and federal laws. Section 4. Nuisances. No lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. All animal waste must be removed from lots, Tracts and rights of way by the animal's owners or the Lot owner. All animal pens and enclosures shall be kept clean and odor free at all times. Nothing shall be done on a lot which may become a nuisance to the neighborhood. Whitman Court Draft CCRs Number 3.docx 4 Section 6. Businesses, No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful use and enjoyment of any part of the Subdivision shall be conducted or carried on upon any Lot or within any building located within the Subdivision. The evidence of said interference shall be either visible from the street or adjacent Lots, shall increase the noise level in the surrounding area, or shall increase traffic or decrease available parking to other than usual residential volumes. This Section shall not operate to limit operation of an adult family home if permitted under state law and City or County ordinance; however, improvements constructed for such operation may be reviewed by the Committee and must comply with this Declaration. All permitted businesses must comply with any applicable City or County ordinances. Section 6. Storage and Parlsin9., No goods, materials, supplies or equipment. and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be kept, stored, dismantled, or repaired in the street, driveway, or within view from the street in the Subdivision. There shall be no parking of passenger vehicles in the driveway. Garage parking spaces shall mean the number of parking spaces within a garage attached to a residence. All passenger vehicles, which are defined as passenger automobiles, non-commercial vans and trucks, motorcycles, and similar type vehicle, used regularly and primarily as transportation for the occupants of the Lot. shall be parked within a garage parking space. No commercial and/or recreational vehicle shall be permitted on the driveway or any other portion of the Owner's Lot. During the Development Period, the Declarant and any Participating Builder may store equipment and building materials and maintain temporary trash storage sites within the Subdivision. Designated guest parking is for guests only. Section 7. Firearms and Related Activity. No firearms, whether for hunting or target practice, shall be discharged in the Subdivision. Section 8. View Protection. No trees or shrubs on a Lot. except trees identified for protection on the recorded final Plat, shall be allowed to grow to a size that noticeably and unreasonably interferes with a view of significance from another residence. Trees identified for protection on the recorded final Plat shall not be trimmed or removed except in accordance with the permitting requirements of the local jurisdiction. The Committee shall be the sole judge in deciding whether the view is of significance and whether there has been unreasonable interference with the view. Should the Committee determine that there is an unreasonable interference, it shall notify the Member of such tree or shrub in writing, specifying the nature of the interference. what should be done to eliminate the interference, and the time in which such action should be taken. Section 9. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement. Section 10. Gardens, Play Equipment, Sport Courts, Pools and Spas. Any vegetable garden. hammock, statuary, play equipment, sports equipment, sport courts, pool or spa which has received the approval of the Committee and is to be erected on any Lot may only be located between the rear residence line and the rear Lot line or the rear yard side of a fence, if a fence has been constructed. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. No basketball backboard may be attached to the residence. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the residence or in the garage and may not be s10red in the front or sides of the residence or anywhere which allows the standard to be visible from the street. Any violation of these restrictions may result in the removal of such device. The Whitman Court Draft CCRs Number 3.docx Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Considerations for approval shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. Section 11. Construction and Sale Period. For the duration of the Development Period nothing in this Section B shall be construed to prevent the Declarant or any Participating Builder from the normal and reasonable conduct of their operations in constructing and selling the homes to be built. Nor shall this Section 11 be construed to give the Declarant or Participating Builder the right to conduct their operations in a manner that is unreasonably intrusive in the context of the intentions set forth in these covenants. In the event of disagreement, the Architectural Control Committee shall make the final determination. ARTICLE C Architectural Control Section 1. Architectural Control Committee. The Architectural Control Committee (the "Committee") shall be appointed and organized in the manner described in the Organization's Articles of Incorporation and Bylaws. The address of the Committee shall be the registered office of the Community Organization. Section 2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted together with an Architectural Committee Application Form in person or by mail to the address of the Committee. Submittals must be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure or improvement upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with these restrictions. The Committee shall issue a written receipt documenting submission of said plans and specifications. The Committee may require applicants to notify adjacent property owners of their request for approval. Section 3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Subdivision, which authority shall include but not be limited to determining the height, configuration, design and appearance of the dwelling and fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the dwelling. Such determinations may be amended and shall be binding on all persons. Section 4. Approval or Disapproval. Within 30 days after the receipt of plans and specifications or information with a request for approval submitted under this Article, the Committee shall by majority vote approve or disapprove the request based upon standards adopted pursuant to this Article. The Committee may disapprove any request which in its opinion does not conform to the Protective Covenants or the standards adopted pursuant to this Article. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. In all circumstances, each Owner is responsible to ensure that all plans and specifications are nevertheless in compliance with all the restrictions contained in these Protective Covenants. If the plans and specifications submitted are incomplete and the Committee requests additional information in order to approve or disapprove said request, the thirty (30) day period shall be counted from the date of complete information being delivered to the Committee. If the Committee fails to approve, disapprove or request additional information Whitman Court Draft CCRs Number 3.docx 6 regarding submitted plans and specifications within 30 days after the plans and specifications have been submitted, the Owner may submit the application directly to the Organization's Board of Directors for review and approval or disapproval. Section ~ Advisors, The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Subdivision. Section 6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved (a) must be in writing, (b) shall not be materially injurious to the improvements of other Lots, and (c) shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. Section 7. Responsibilities. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals issued by the Committee and shall be responsible for correcting any and all violations of those standards and conditions. No member of the Committee or person acting for it shall be responsible for any defect in any plan or specification submitted or approved, or for any defect in any work done according to such plans and specifications. Section 8. Release. Plans and specifications are not reviewed by the Committee for engineering, structural design or quality of materials, and by approving such plans and specifications neither the Committee, the members thereof, nor the Organization assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Organization, the Committee, the Board, nor the Officers, Directors, members, employees, and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that such person or Owner will not bring any action or suit against Declarant, the Organization, the Committee, the Board, or the Officers, Directors, members, employees, and agents of any of them to recover any damages and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any negligence, or nonfeasance and hereby expressly waives the provisions of any law which provides that a general release does not extend the claims, demands, and causes of action not known at the time the release is given. Section 9. Indemnification. To the fullest extent allowed by applicable Washington law, the Organization shall indemnify and hold the Committee members harmless against any and all expenses including without limitation, attorneys' fees, imposed upon or reasonably incurred by any Committee member in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding) to which such Committee member may be a party by reason of being or having been a Committee member. The Committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own willful misfeasance, willful malfeasance, willful misconduct or bad faith. The Committee members shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Committee, and the owners shall indemnify and forever hold each such Committee member free and harmless against any and all liability to others on account of any such contract or commitment Any right to indemnification provided for herein shall not be exclusive of any other rights to which any Committee member may be entitled. Whitman Court Draft CCRs Number 3.doex Section 10. 6QQIi<;:ation of Architectural Controls. For the duration of the Development Period nothing in this Section C shall be construed to prevent the Declarant or any Participating Builder from the normal and reasonable conduct of their operations in constructing and selling the homes to be built. The Declarant and Participating Builders agree to the Architectural Standards established by the Architectural Control Committee as set forth in Section 3 of this Article C. As pertains to any disagreement regarding the interpretation of the Architectural Standards, the Architectural Control Committee shall make the final determination. ARTICLE D Landscaping, Fence and Home Maintenance Section 1. Initial Landscaping. Prior to occupancy of any residential building on a Lot, the front and rear yards of the Lot shall be landscaped; provided that if weather conditions or ground conditions due to weather are such that it is not reasonable to landscape the Lot within the time provided, the time for completion of the landscaping shall be extended for a period of thirty (30) days after weather conditions and ground conditions due to weather are reasonable for landscaping. Any dispute over the time when weather or ground conditions due to weather are reasonable for landscaping may be determined by the Committee which determination shall be binding upon all interested parties. Section 2, Landscape and Fence Maintenance. Front yard areas shall be maintained by the Community Organization as described under Article E, Section 1 (b) below. (Landscaped maintenance on Lots and the Public Right of Way extends to the back of the curb.) For areas not maintained by the Community Organization under Article E, Section 1 (b), the owners of each Lot shall maintain the landscaping on the Lot in a neat, healthy and presentable condition at all times and shall not permit the Lot to become overgrown or allow weeds and other noxious plants to proliferate on the Lot. A program of regular scheduled maintenance of these areas which includes watering, fertilizing, cutting and trimming of lawns and plantings, removing dead plants, trees and bushes is considered the responsibility of the homeowner, In accordance with Article E, Section 2, the Community Organization shall be responsible for maintaining, repairing and replacing fencing installed by the Declarant as a plat amenity along the property lines of Tracts. This shall include the staining of the fencing on the exterior side of the fence and the replacement of broken fence boards. Other than the aforementioned fences, the owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair, This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. After giving reasonable notice, as defined by the Board of Directors, to the owner of the Lot, the Community Organization has the authority to remedy, at the Lot owner's expense, any violations of this Section 2. The Community Organization reserves the right to enter adjoining tracts that abut lots in order to perform maintenance deemed necessary for public health and safety. Section 3. Home Maintenance. (a) All Lots and homes, including any associated improvements, shall be maintained in a clean and attractive manner consistent with the overall appearance and quality of the community, All homes and other improvements shall be painted and otherwise maintained in the same colors and with the same exterior finishes as the original construction unless otherwise approved in writing by the Architectural Control Committee. The obligations established by this Section shall include an obligation to keep all exterior areas of Lots clear of debris, stored items and unsightly accumulations of materials of any kind which detract from the general appearance of the community. The Architectural Control Committee shall be responsible for determining whether any individual Lot or home is being maintained in compliance with the standards in this Section. Whitman Court Draft CCRs Number 3,docx (b) All of the homes on the Lots share certain physical improvements with an adjoining home, including but not limited to shared roofs, exterior walls and other features. The following rules regarding maintenance and repair shall apply to such homes. (1) Each Lot Owner shall be solely responsible for maintenance and pair of all building components which are not shared with the adjoining lot. This shall include minor repairs to roof or siding that can be accomplished without involving the other party. (2) Both Lot Owners shall be jointly responsible for maintenance and repair of all shared building components, provided: (i) If maintenance or repair is required as the result of the negligence or intentional misconduct of an Owner, their guests, invitees or other agents, that Owner shall be responsible for all associated costs of maintenance and repair. (ii) If one Owner believes that maintenance and repair, other than minor touchup painting and the like, is required or prudent, that Owner shall contact the adjoining Owner and seek that Owner's mutual consent to the proposed work. (c) The Organization may adopt Rules and Regulations regarding repainting schedules for routine maintenance and all other aspects of the repair and maintenance of all homes in the community, including components which are the responsibility of individual Owners. Section 1. Easements. ARTICLE E Easements and Open Space (a) Construction, Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities for the benefit of the Organization are hereby created and established over, across, and under the ten (10) feet in width of the portion of each Lot abutting a street. Easements for the construction, repair, reconstruction and maintenance of drainage facilities are hereby created and established over, across, and under a five (5) foot wide strip along each side of interior lot lines (where applicable) and over the rear ten (10) feet of each lot. In the event lot lines are adjusted after the recording of the plat, the easements shall move with the adjusted lot lines. No structure (other than rockeries, retaining walls, decks, patios and walkways installed with original home construction and fencing approved by the Committee), planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements. The portion of these easements on each Lot shall be maintained by the owner of the Lot, except for those improvements within the easements the maintenance for which a public authority, utility company, or the Community Organization is responsible. (b) Landscape Easement. A landscape maintenance easement exists over all front yards from the front face of the house and garage to the street or sidewalk and that portion of the side street yards from the face of the house to the street or sidewalk not including any yard area enclosed by a privacy fence. The purpose of this landscape easement is to allow for the Community Organization to maintain the landscaping within these areas. Maintenance shall include but is not limited to irrigation, fertilization, weeding, pruning, mowing, edging, and general upkeep in accordance with sound gardening principles. Lot owners may not remove any existing landscape planting in these areas or in areas noted as landscape screening or buffer zones adjacent to the northerly and southerly property boundaries. Lot owners may, with the Committee approval, add additional plantings in these areas. Whitman Court Draft CCRs Number 3.docx 9 Section 2. Maintenance of FaciUties and/or Common Maintenance Areas. The Community Organization shall be responsible for maintaining, repairing and replacing: (a) Landscaped areas in the public right of way and any associated irrigation systems. (b) Landscaped areas, hardscapes and walkways on Tracts E, F, G, H, I, J, K, Land M which are owned and maintained by the Organization and any associated irrigation systems. (c) Landscaped areas on individually owned lots (as described in Article D, Section 2 and Article E, Section 1 (b)) and any associated irrigation systems excluding the rear yards of Lots 11 through 20 and Lots 33 through 39. (d) Any retaining walls located in Tracts owned by the Organization. (e) Any fencing installed by the Declarant as a plat amenity. (f) Any fencing, landscaping and irrigation installed by the Declarant along the boundary of the wetland and wetland buffer designated as Lot A Wetland as established by Ribera-Balko Short Pial. (g) The permanent critical area signage placed on the fencing in Lot A Wetland as established by Ribera-Balko Short Pial. (h) Any entry monumetation in Tract G. (i) Sidewalks, curbs and private roads, excluding Tracts Band D which are owned and maintained by the owners of lots 15 through 20 and lots 5 through 10, respectively. U) Private roads under joint maintenance agreements with adjoining property owners under recording numbers ____ and ____ _ (k) Illumination facilities within the Pial. (I) Mailbox structures. Section 3. Access Easements. The Organization and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Organization, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots of Owners for the following purposes: (a) The maintenance, repair, replacements, or improvement of any Common Maintenance Area accessible from that Lot; (b) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (c) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (d) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Lot Owner. Section 4. Right of Entry. The Community Organization reserves the right to enter upon each Lot for the purposes of inspection and the performance of maintenance of the facilities listed in this Article E. Section 5. Protected Areas. The Organization, Owners, and their guests, agents, contractors, and employees are strictly prohibited from using any Protected Area in the Plat in a manner contrary to the local jurisdiction's rules and regulations, including dumping, erecting Whitman Court Draft CCRs Number 3.docx 10 structures, constructing landscape features, cutting or removing vegetation, using pesticides, andlor planting any vegetation without authorization. Owners shall not fence off or otherwise exercise any dominion or control over any Protected Area. Section 6. Damage Caused by Owner. In the event that the Organization determines that the need for maintenance, repair, or replacement of any improvements within any tract or Common Maintenance Area that is the responsibility of the Organization hereunder is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Organization may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. In the event the Organization determines that perimeter fencing abutting any Lot has not be adequately maintained, the Organization may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner pursuant to the process set forth in Article F. Declarant may, without obligation, replant any damaged or removed landscape plantings from any Protected Area or Lot, repair any damage or destruction thereto, or remove any encroachment from any Protected Area. For a period of three (3) years, or as determined by the local jurisdiction, following transition of control over the Organization from the Declarant, the Organization and any Owner shall be responsible to the Declarant for any damage or destruction to, or encroachment into any Protected Area, caused in whole or in part by any Owner or the Organization or guests, agents, contractors, or employees of either. The Organization andlor Owner shall promptly pay Declarant the costs to fully remedy any such damage or destruction. ARTICLE F Liens Section 1. Community Organization Membership. There shall be one membership in the Community Organization for each Lot in the Subdivision subject hereto and no more. The fee title owner of a Lot shall hold a membership in the Community Organization. Such membership shall be appurtenant to and not severable from such fee ownership interest and shall transfer with the transfer of the fee title interest without further action on the part of the Community Organization or its several members. Membership shall stand in the name or names of the persons or parties who have such interests from time to time as they may appear in the public record. Section 2. Lien. In order to provide for the proper operation of the Community Organization, for the maintenance and improvement of any property which the Community Organization is obligated to maintain and for the administrative costs of the Community Organization, each grantee of a Lot, their heirs, successors and assigns shall and do, by the act of accepting a deed of a Lot, agree that they and each of them shall hold the membership in the Community Organization appurtenant to the Lot and shall pay to the Community Organization the assessments, dues and charges levied according to the Articles of Incorporation and Bylaws of the Community Organization against that membership. No Owner may waive or otherwise avoid liability for assessments, dues and charges by non-use of the Common Maintenance Areas or Protected Areas or abandonment of the Lot. Any assessment, dues or charge, or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. In the event that any such dues or charges remain unpaid to the Community Organization for a period of 60 days after the due date, then the Community Organization may place a written notice of public record in King County, Washington, that the Community Organization claims a lien against the Lot to which the membership is appurtenant for the amount of delinquent Whitman Court Draft CCRs Number 3.docx 11 assessments, dues and charges together with any late charges, interest at the rate of twelve percent per annum from the date due until paid, and attorneys' fees, as herein provided. From and after recording such notice, and not prior to such recording, the Lot to which the membership is appurtenant shall be subject to a lien to the Community Organization as security for all unpaid dues and charges accrued until the lien arising because of the notice is released by the Community Organization. Any dues and charges hereunder, together with any interest, costs and reasonable attorney's fees, shall also be a personal obligation of the person who was the Owner of the Lot at the time the dues and charges were due. The lien herein granted to the Community Organization shall be subordinate to the lien of any bona fide mortgage or deed of trust given for value recorded prior to the recording of the notice of claim of lien. A release of a lien shall only release the lien arising because of the notice but not rights under this Article to file a subsequent notice of claim of lien for subsequent delinquencies after a notice is released. Such lien may be foreclosed in the manner of a mortgage of real property and in such foreclosure action, the Community Organization shall recover a reasonable sum as attorneys' fees therein and the reasonable and necessary costs of searching and abstracting the public record. The Organization shall have power of sale for any lien. Notwithstanding any provisions hereof appearing to the contrary, the sale or transfer of title to a Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien created hereby for any unpaid dues and charges which became due prior to such sale or transfer, except to the extent of personal obligation upon the Owner; provided that no sale or transfer shall relieve such Lot from a lien for dues and charges thereafter becoming due and provided further that "mortgage" as used in this sentence means a mortgage, deed of trust or other security given for a debt which is guaranteed by the Veterans Administration or FHA as agencies of the United States government and debt which has been sold to FNMA (Fannie Mae) or FMAC (Freddie Mac). Section 3. Special Assessments for Improvements. In addition to the annual assessments set forth in the Articles and Bylaws, and the dues and charges provided for herein, the Community Organization may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any maintenance, construction, reconstruction, repair or replacement of any improvement or capital improvement upon the Common Maintenance Areas and/or Protected Areas. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a meeting of the members to consider ratification of the special assessment in the same formal process as the ratification of the annual budget, as set forth in the Bylaws. Section 4. Uniform Rate of Assessment. Both annual and special assessments must be fixed as a uniform rate for all Lots and must be collected on an annual basis. Section 5. Start-Up Fee. Upon the sale of each Lot by the Declarant, the purchaser shall pay a one-time start up fee of Two Hundred and Fifty and no/100 ($250.00) Dollars per Lot. Such start-up fee shall be paid on or before the date of recordation of the deed from Declarant to the purchaser. Declarant shall be entitled to collect this one-time start-up fee at the closing of the Lot sale and submit said fee to the Community Organization. This one-time start-up fee shall be used to defray organizational and operational costs for the Community Organization. The Declarant may waive the start-up fee in sale of Lots to Participating Builders. In such event, the one-time start up fee shall be paid on or before the date of recordation of the deed from Participating Builder to the purchaser. Whitman Court Draft CCRs Number 3.docx 12 Section 6. Enforcement of Assessments. The Board may take such action as is necessa-ry-:-i~cluding the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided herein. ARTICLE G General Provisions Section 1. Effect. The covenants, restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any Lot or portion of the Subdivision, whether or not it shall be so expressed in any deed or other instrument, shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions of this Declaration, the governing documents, and all rules and regulations applicable to the Lots duly promulgated pursuant to action by the Organization or its Board or Committee. Section 2. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 3. Enforcement. The parties in interest in and to any part of the Plat and the Community Organization, for the benefit of the Owners of the Plat, and each of them shall have the right and authority to enforce the provisions hereof, including all covenants and restrictions, and in addition to any other remedy for damages or otherwise, shall have the right to injunctive relief. Failure by the Board or Organization or any Owner to enforce any provision of this Declaration or the governing documents shall in no event be deemed a waiver of the right to do so in the future. Section 4. Fines. In the event a Lot Owner violates any of the covenants, conditions, and/or restriction set forth in this Declaration, the Organization has the right to assess fines for said violations. The Board of Directors shall adopt rules and regulations which shall set forth the fines for violations of any of the covenants, conditions, and/or restrictions set forth in this document. Section 5. Duration. This Declaration shall run with and bind the Plat, and shall inure to the benefit of and shall be enforceable by the Organization or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument refiecting disapproval Whitman Court Draft CCRs Number 3.docx 13 signed by the then Owners of at least seventy-five percent (75%) of the Lots within the Plat and the Declarant (during the Development Period) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. Section 6. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. Section 7. Insurance. The Organization may purchase as a Common Maintenance Area expense and shall have authority to and may obtain insurance for the Common Maintenance Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Maintenance Areas. The comprehensive liability coverage shall be in amount to be determined by the Board. The Board may also obtain insurance to cover the Board, the Organization, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Organization's duties under this Declaration. Following the Development Period, all such insurance coverage shall be written in the name of the Organization as trustee for each of the Members. The Organization shall review the adequacy of the Organization's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be cancelled or substantially modified without at least a ten (10) day prior written notice to any and all insured named therein, including Owners and institutional first mortgages that have requested notice. Section 8. Dispute Resolution. In the event there is any dispute related to any provision of this Declaration, including future amendments, the parties may agree to resolve the dispute by binding arbitration using the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures, or similar rules if agreed upon by the parties, in effect at the time of the dispute. The arbitration shall be administered by an arbitrator located in King County upon which the parties shall agree within 30 days of the arbitration filing. No arbitration or judicial proceeding shall be commenced or prosecuted by the Organization unless approved by at least seventy-five percent (75%) of the Members. This Section shall not apply, however, to (i) actions brought by the Organization to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article F hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Article H, Section 2, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. In addition, any claims against Declarant require (a) a 75% vote of members and (b) written notice to Declarant with a 60 day response time before filing. This Section shall not apply to defense of the Organization in any matter. Section g. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, Whitman Court Draft CCRs Number 3,docx 14 grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. The terms of all governing documents are subjoined herein and run with the land to the greatest extent allowed under the law. Section 10. Attorneys Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Section 11. Organization Rights. The Organization may exercise any right or privilege given to it expressly by state law, this Declaration, the governing documents, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any law, right or privilege given to it therein or reasonably necessary to effectuate any such law, right or privilege. Section 12. Indemnification. To the full extent permitted by law each Officer and Director of this Organization shall be indemnified by the Organization from and on account of any liability for acts or omissions occurring during the course of business or activities undertaken on behalf of the Organization, including but not limited to any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by its then Board) to which such Officer or Director may be a party by reason of being or having been an Officer or Director. This indemnification shall include indemnification against all costs and expenses, including attorneys' fees, litigation costs, civil penalties, fines and other charges incurred incident thereto. This indemnification shall not extend to any individual or joint willful misfeasance, willful malfeasance, willful misconduct, or bad faith on the part of any Officer or Director, nor shall this indemnification extend to any action by or on behalf of the Organization against a Director in which action the Director has been adjudged guilty of any breach of duty toward the Organization. In addition, no Officer or Director shall be personally liable to the Organization or any of its members for monetary damages for any mistake of judgment, negligent conduct or other conduct as an Officer or Director; provided that this provision shall not eliminate or limit the liability of an Officer or Director for acts or omissions that involve willful misfeasance, willful malfeasance, willful misconduct, or bad faith by the Officer or Director or for any transaction from which the Officer or Director will personally receive a benefit in money, property, or services to which the Officer or Director is not legally entitled. To the extent that it is necessary for the Officers or Directors to implement this indemnification, at the request of an Officer or Director, the Officers or Directors shall take such action as is appropriate and allowable to implement this indemnification. The Organization may, at the discretion of the Board of the Organization, maintain adequate general liability and Officers' and Directors' liability insurance to fund this obligation, if such coverage is reasonably available. Section 13. Additional Property. In addition to the real property initially subject to this Declaration, from time to time but not after December 31, 2020, the Declarant, Lozier at Whitman Court, LLC, may subject all or any portions of property described on Exhibit A to the provisions of this instrument as a part of the plan of subdivision of real property by filing of record a declaration expressly setting forth such intent signed by Lozier at Whitman Court, LLC or their assigns as the subdivider thereof. Lozier at Whitman Court, LLC may assign its rights under this Section 13, but Whitman Court Draft CCRs Number 3.docx 15 only by written instrument which contains an express reference to this Section 13. Except for the foregoing, no other properties may be made subject hereto. ARTICLE H Amendment Section 1. Amendment of Use Restrictions. Articles B, C, and D of this instrument which relate to use of the Lots in the Subdivision may be amended and changed by the written consent of the owners of the fee title of not less than 60% of all Lots in all of the Subdivisions which have been made subject to the provisions of this Declaration. For the purpose of amendment, consent to an amendment by a fee owner shall be binding upon the owner and of any successors to the fee title for a period of six months after it is given for the purpose of calculating the percentage required for adoption of the consent. Consents required under this Section shall be delivered to the Community Organization which shall tabulate them. Its determination of the sufficiency of the consent shall be conclusive, and an amendment to Articles B, C and D shall be effective when a written Notice of Amendment signed and acknowledged by the President and Secretary of the Community Organization is recorded in King County, Washington, stating that the requisite consent has been obtained and setting forth the amendment in its entirety. Sectj9I!.1.. Amendment by Declarant. This Declaration may be amended unilaterally at any time and from time to time by Declarant during the Development Period (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any owner's Lot unless any such Lot owner shall consent thereto in writing. Further, so long as Declarant owns any property for development andlor sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot owner. Section 3. Declarant Consent. During the Development Period, all amendments shall require the consent of the Declarant. EXECUTED this _ day of ___ ,2014. LOZIER AT WHITMAN COURT, LLC By __ ~~~~ ____________ _ Gary Sanford, Manager Whitman Court Draft CCRs Number 3.docx 16 STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that GARY SANFORD signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of LOZIER AT WHITMAN COURT, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ___ , 2014 Notary Public __ ~ ______ _ My appointment expires: Whitman Court Draft CCRs Number 3,docx 17 Return Address: Lozier at \Vhitman Court, LLC Attn: Gary Sanford 1300 -114'" Avenue S.E. Suite 100 Bellevue, W A 98004 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): I. Declaration of Covenants, Conditions, Restrictions and Easements Reference Number(s) of Documents assigned or released: Grantor(s): I. Lozier at Whitman Court, LLC D Additional names on page of document. -.~-. Grantee(s): I. Lozier at Whitman Court, LLC D Additional names on page of document. -~ -_._- Legal Description: (abbreviated) Lots and __ , Insert Legal Here D Additional legal is on page of document. Assessor's Property Tax LoUAccount Number: 1nsert Tax numbers here DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS Lozier at Whitman Court, LLC, a Washington limited liability company ("Declarant"), is the owner of certain real property in the City of Renton, King County, Washington, legally described as: LOTS AND , INSERT LEGAL HERE RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. The owners of Lots and are hereinafter referred to as "Owner" or "Owners" or "Lot Owner" or "Lot Owners." The insert number of lots here Lots are referred to collectively as the "Lots". Lozier at Whitman Court, LLC, as Declarant, and in furtherance of protecting the economic value, desirability of ownership, and architectural uniformity of the Lots, hereby declares that the above-described Lots are hereinafter subject to the tenns, conditions and provisions of this Declaration of Covenants, Conditions, Restrictions and Easements ("Declaration"). A. EFFECT OF DECLARATION The Lots shall be held, sold and conveyed snbject to the provisions, covenants, restrictions and easements contained in this Declaration. The provision of this Declaration shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof and shall benefit all persons who are or become owners of the Lots. B. EASEMENTS 1. Easements on Plat. The Owners of the Lots are subject to all applicable easements identified on the Plat of Whitman Court, recorded under King County Auditor's Recording No. ("Plat"). 2. Easements on Master Declaration. The Owners of the Lots are subject to all applicable easements identified in the Declaration of Protective Covenants for Whitman Court, recorded on under King County Recording No. ________ ("Master Declaration"). C. MAINTENANCE AND REPAIR OF ROOF AREAS I. Exclusive Roof Areas. Each Lot Owner shall be responsible to care for, maintain, reroof, repair and replace the roofs, roofing materials, roof overhangs and structures which are located exclusively on his or her Lot. The Owners shall use the same materials or materials similar in type, quality and color to the original roof unless otherwise mutually agreed upon by both Lot Owners and approved by the Architectural Control Committee in accordance with the applicable provisions of the Master Declaration. 2. Shared Roof Areas. (a) The Lot Owners shall be jointly responsible to care for, maintain, reroof, repair and replace any roofs, roofing materials, or roof overhangs which are not located exclusively on one Lot, including but not limited to the composition roofing and the gable roof bisected by the boundary line between the Lots ("Shared Roof Areas"). The Owners shall use the same materials or materials similar in type, quality and color to the original roof unless otherwise mutually agreed upon by both Lot Owners and approved by the Architectural Control Committee in accordance with the applicable provisions of the Master Declaration. (b) The cost for maintaining, repairing, and replacing the Shared Roof Areas shall be shared equally by both Lot Owners. Any Owner who does not pay his or her portion of the expenses shall be subject to the right of the other Owner to create and enforce a lien on the nonpaying Owner for the nonpayment of such expenses. 2 (c) Notwithstanding the foregoing, should any of the Shared Roof Areas be damaged or destroyed by any act or omission of a Lot Owner, whether intentional or unintentional, the Shared Roof Area shall be repaired or rebuilt at that Lot Owner's expense. Any Lot Owner who engages in repair work as described in this section shall have the right to enter onto the Lot of the adjoining owner to the extent that it may be reasonably necessary in connection with repair work. When entering onto the Lot of the adjoining Owner, the Lot Owner shall take and observe due precaution and care to protect the property of the adjoining Owner. D. UNIFORM APPEARANCE / MAINTENANCE & PAINTING The intent of these Declarations is to require a unifonn exterior appearance among the insert number of lots here homes located on the Lots. Accordingly, no building on the Lots may be altered in such a manner which would materially change the unifonn appearance existing at the time of the initial construction of the buildings, unless approved by the Architectural Control Committee in accordance with applicable provisions of the Master Declaration. The Lots Owners shall maintain the home located on his or her respective Lot in good condition, and in accordance with the community· wide standards of Whitman Court, as such standards may be set forth and amended from time to time by the Community Organization. Without limiting the foregoing, each building located on the Lots shall be painted on or before each and every seven (7) year period, commencing on the recording date of this Declaration and continuing every seven (7) years thereafter unless the Lot Owners unanimously agree otherwise. The purpose of this repainting requirement is to maintain the unifonn appearance of the building containing the insert number of lots here homes and preserve their value. In accordance with Article B, Section 9 of the Master Declaration, any changes to the exterior color(s) of the building must be approved by the Architectural Control Committee. Both Lot Owners must unanimously agree to any color changes. Unless the Lot Owners unanimously agree otherwise, painting shall be perfonned by a licensed and bonded painting contractor. The cost of painting is to be shared equally between the Lot Owners, except in the case of painting which is required or necessary as the result of the negligence or misconduct of one Lot Owner, (and not the result of nonnal wear and tenn associated with aging and weathering), in which case the cost of the painting shall be borne by the Lot Owner who committed the negligence or misconduct. Any Owner who does not pay his or her required portion of the expenses shall be subject to the right of the other Owner to create and enforce a lien on the nonpaying Owner for the nonpayment of such expenses. E. ARBITRATION In the event of any dispute, controversy, or claim related to or arising out of this Declaration, including any questions regarding its existence, enforceability, interpretation or validity, the Lot Owners agree to meet and confer in good faith to attempt to resolve the controversy or dispute without an adversary proceeding. If the Lot Owners are unable to resolve the controversy or dispute to the mutual satisfaction of the Lot Owners within five (5) business days of notice of the controversy or dispute, either party, upon 3 written notice to the other, may submit such dispute, controversy or claim to binding arbitration with Judicial Dispute Resolution (lDR), Seattle, Washington, or as otherwise agreed between the Lot Owners. The place of arbitration shall be in King County, Washington, and the JDR fees and expenses for the arbitration shall be borne equally by the Lot Owners. The Lot Owners consent to the jurisdiction of the Superior Court of the State of Washington, King County, and the United States District Court for the Western District of Washington, for all purposes in connection with this Declaration. The decision of the arbitrator shall be binding and may be confirmed and enforced in any court having proper jurisdiction. The provisions of this paragraph shall survive the expiration or tennination of this Declaration. Notwithstanding the foregoing, nothing herein shall prohibit or restrict either party from seeking injunctive or other equitable relief in a court having proper jurisdiction. F. TERMINATION The provisions of this Declaration are valid and binding for a period of fifty (50) years from the date of recording this Declaration in the office of the King County Auditor, at which time said provisions shall be automatically extended for successive periods of ten (10) years each unless the Lot Owners, by an instrument or instruments in writing, duly signed and acknowledged by them, unanimously terminate said provisions insofar as they pertain to the Lots, and termination shall become effective upon the filing of such instrument of record in the office of the King County Auditor. H. AMENDMENT This Declaration can be amended only by a unanimous vote of the Lot Owners, which amendment shall be recorded in the office of the King County Auditor. For purposes of voting, each Lot shall be entitled to one vote and no split voting among multiple owners of one Lot shall be pennitted. F. GENERAL I. Waiver. Failure of the Declarant or any Owner to enforce any covenant, restriction or exercise any rights herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. Attorney Fees. In any action to enforce or interpret this Declaration, including arbitration, the prevailing party is entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. 3. Severability. The invalidation of anyone of the provisions contained in this Declaration by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 4 4. Goveming Law. The validity of this Agreement, the interpretation of the rights and duties of the Lot Owners hereunder and the construction of the terms hereof shall be governed in accordance with the internal laws of the State of Washington. 5. Final Agreement. This Declaration is the final agreement between the Lot Owners pertaining to the matters contained herein, and there are no other agreements, written or oral, express or implied, between the Lot Owners. Tn the event of any conflict between this Declaration and the Master Declaration or the Plat, this Declaration shall control. Dated this __ day of ___ , 20_. DECLARANT: Lozier at Whitman Court, LLC By: ____________ _ Gary Sanford, Manager STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Gary Sanford is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of Lozier at Whitman Court, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ______ _ Notary Seal Brett D. Michaelson (Print Name) Notary Public My appointment expires: ____ _ 5 First American Title 1. CLTA 14 Subdivision Guarantee -WA .. ~ I First American First American Title Insurance Company February 10, 2014 Paul Lozier Group 1300 114th AVE SE STE 100 Bellevue, WA 98004 Phone: (425)635-3922 Fax: Title Officer: Phone: Fax No.: E-Mail: Order Number: Escrow Number: Buyer: Owner: Property: 818 Stewart SI:, Ste 800 Seattle, WA 98101 Kristi Mathis (206)615-3206 (866)859-0429 kkmathis@firstam.com 2208993 2208993 To Be Determined Renton, Washington Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! uarantee Number: 2208993 First American Title CLTA #14 Subdivision Guarantee (4-10-75 Washingto First American Title ISSUED BY I~ I FIrSt American I Guarantee Subdivision Guarantee I First American Title Insurance Company GUARANTEE NUMBER 5003353-2208993 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDmONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called the Company GUARANTEES Lozier Group FlrstAmerican Title Insurance Company Dennis J. Gilmore President Timothy Kemp Secretary This jad:et was created electronlcallv and constitutes an original document uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title 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) (l) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; Of, (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. (e) (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), eC) 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 Assuredsi (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 CONDmONS 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 purlXlse 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 shalt 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 shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. First American Title 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 CLTA #14 Subdivision Guarantee (4-10-75) washington First American Title GUARANTEE CONDmONS 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 iXlssible, 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 tile 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 Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of liability or to Purchase the Indebtedness. The Company shall have the option to payor 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 tile 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 tenninate, 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 Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor 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. S. 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 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title GUARANTEE CONOmONS ANO STIPULATIONS (Continued) any method, includmg 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 1055 or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 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, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance ArbitratIOn Rules of the American Land Title Association. Arbitrable matters may inctude, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together witfl all endorsements, jf any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the PreSident, a Vice PreSident, the Secretary, an Assistant secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake center, 1 First American Way, Santa Ana, california 92707 Claims.NIC@firstam.com Phone: 888-632- 1642 Fax: 877-804-7606 First American Title uarantee Number: 2208993 First American Title CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title Subdivision Guarantee ISSUED BY I~ I First American I Schedule A First American Title Insurance Company GUARANTEE NUMBER 2208993 Order No.: 2208993 Liability: $1,000.00 Name of Assured: Lozier Group Date of Guarantee: February 04, 2014 The assurances referred to on the face page hereof are: 1. Title is vested in: Fee: $200.00 Tax: $19.00 WASHINGTON FEDERAL, A NATIONAL ASSOOATION AS TO PARCEL A AND LOZIER AT WHITMAN COURT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY AS TO PARCELS BAND C 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 validlly, 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 tiUe 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. uarantee Number: 2208993 First American Title CLTA #14 Subdivision Guarantee (4-10-75 Washingto First American Title ,··otl '4L-. ., First American Subdivision Guarantee ISSUED BY Schedule B First American Title Insurance Company GUARANTEE NUMBER 2208993 RECORD MATTERS L General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0021-02 1st Half Amount: $ 4,895.69 Assessed Land Value: $ 686,600.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 4,895.69 Assessed Land Value: $ 686,600.00 Assessed Improvement Value: $ 0.00 Note: Taxes and charges for 2013 were paid in full in the amount of $9,857.22. Affects: Parcel A 2. General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0020-03 1st Half Amount: $ 5,274.12 Assessed Land Value: $ 739,700.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 5,274.12 Assessed Land Value: $ 739,700.00 Assessed Improvement Value: $ 0.00 Note: Taxes and charges for 2013 were paid in full in the amount of $10,536.35. Affects: Parcel B 3. General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0022-01 1st Half Amount: $ 557.91 Assessed Land Value: $ 77,800.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 557.90 Assessed Land Value: $ 77,800.00 Assessed Improvement Value: $ 0.00 uarantee Number: 2208993 First American Title CLTA #14 Subdivision Guarantee (4~10~75) washington First American Title Note: Taxes and charges for 2013 were paid in full in the amount of $1,114.56. Affects: Parcel C 4. Taxes which may be assessed and extended on any subsequent roll for the tax year 2014, 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. Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Auditor's File No.: 192430 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. 7. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded November 18, 1964 under recording no. 5813072. Affects: Parcels A and C 8. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded December 16, 1964 under recording no. 5823627. Affects: Parcels A and C 9. Right to make necessary slopes for cuts or fills upon property herein described as condemned in King County Superior Court cause Number 632233. Affects: Parcels A and C 10. Easement, including terms and provisions contained therein: Recording Information: 8509260881 For: Sanitary Sewer Affects: Parcels A and B Said easement has been modified by easement recorded under recording number 8609111674. 11. Easement, including terms and provisions contained therein: Recording Information: 20000418000708 In Favor of: City of Renton, a municipal corporation For: Utilities and Utility Pipelines, including, but not limited to water, sewer, and storm drainage lines Affects: The Northerly portion of Parcel A 12. Easement, including terms and provisions contained therein: Recording Information: 20040309002194 In Favor of: United States Postal Service For: Joint Access Affects: The Easterly portion of Parcels A and B uarantee Number: 2208993 First American Title CLTA #14 Subdivision Guarantee (4-10-75) Washlngto First American Title 13. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Ribera-Balko Short Plat No. LUA-02- 129-SHPL recorded under recording number 20090409900002. 14. Easement, including terms and provisions contained therein: Recording Infonmation: 20090409001132 In Favor of: City of Renton, a Municipal Corporation For: Sanitary sewer utilities and utility pipeline Affects: The Easterly portion of Parcels A and B 15. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: Recording Information: Affects: August 18, 2009 20090818900001 Parcel C 16. The terms and provisions contained in the document entitled ''Temporary Construction Easement" Recorded: Recording No.: Affects: April 19, 2012 20120419001608 Parcel A This temporary construction easement shall become effective upon execution by the Grantor and Grantee and shall continue for two (2) years. 17. The terms and provisions contained in the document entitled ''Temporary Construction Easement" Recorded: Recording No.: Affects: May 30, 2012 20120530001619 Parcel B This temporary construction easement shall become effective upon execution by the Grantor and Grantee and shall continue for two (2) years. 18. The terms and provisions contained in the document entitled "Shared Access and Maintenance Easement" Recorded: May 30, 2012 Recording No.: 20120530001620 Affects: Parcel B Informational Notes, if any uarantee Number: 2208993 First American Title ClTA #14 Subdivision Guarantee (4-10-75) Washington First American Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2208993 I ~ I First Ammcan I Schedule C Subdivision Guarantee The land in the County of King, State of Washington, described as follows: PARCEL A: Lot 1 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records of King County, Washington; Except that portion conveyed to City of Renton by deed recorded under Recording No. 20120419001607. PARCEL B: Lot 2 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records of King County, Washington. PARCEL C: Tract A of City of Renton Lot Line Adjustment No. LUA-07-080-LLA recorded August 18, 2009 as Recording No. 20090818900001, records of King County, Washington. uarantee Number: 2208993 First American Title UTA #14 SUbdivision Guarantee (4-10-75 Washington iBl'N~ 4 : <}. l> IS2~ " (9~J s: 3 h,o .:.g ~ ,"""m e ., ,=~ii:~;~,;i,;,:':;~f i LOT 1 ~ ~, Ii! .~:.-_ 1~' "" j~l ~' i I~ .';;P084-83 ,e ""~ 'J LOT 2 840723900 ~ '" t-,g"" ':~.' ,~ I lOO ma· ,. ", "0"" "" if I' ; 0016 LOT 3 : ",::~." ~ I'" 0043 .. ~l "...-;;-".""",-""',_"''"i"',,....-~, I REN LLJI.. 009-86 86,09229010 REN LLA 011-88 88;10119002 .. 16C.;J3 ~"6~:il~'~shl 2N.3' .. ;r LOT 2 518210 ACRE -"t;;:;C""""'-;nni"!'l'7"2""".,......,.....oo_'-'--f 0031 l; LO- 7g10119D03 '" I :,l";;",(";l ':r ' .. "~ ~,,~.,::-~;-09 ~I>I" ; 1 ';':' TRACTS UNREC. J' .n,1lr H"i~QI 00" 0012 94.02 'il'" ... '" '~;"DO,,:Nf! -" r;;~;:. :f~u.:. ~ ;~~;;;~;g "?·66,i:it.J' ?1 1~.52 0410 ~ "'>-042.0 .>o.4~ol ~~ci " t~'~~~'~~;;3 ~ ;;~90 ~?hEf ~ 61lC:;~15~! § I ~ ~. ~39469~'n.'O"31 ::: ~: First American Title 3. Vesting_20131001001298 i~}M AFTER RECORDING MAIL TO: Washington Federal 425 Pike Street Seattle, WA 98101 E2633588 1.11112013 12:59 KING COlltTV I UA S:~ $I,~:~U: PAGE-0ll OF 001 ...,A'"Ied=fa=='''_=:;.=t-;;Req=uest=oI''::-------------~~tNs/lne*''R«IntrsI««/I;' Rnt American Tille Insurance COmpany National COnmerdal Servlces BARGAIN AND SALE DEED File No: NC5-595435-WA1 (vic) Date: September 19, 2013 Grantor(s): 5a 16 Ribera Balco LLC Grantee(s): Washington Federal and lozier at Whitman Court, LLC Abbreviated Legal: Lots 1-2, LUA-02-129-SHPL rec. 20090409900002 and Tract A, LUA- 07-oS0-LLA rec. 20090818900001 Additional Legal on page: Assessor's Tax Parcel No(s): 518210-0021-02 and 518210-0020-03 and 518210-0022-02 THE GRANTOR(S), sa 16 RlIMn Balco LLC, a Washington limited liability company, for and in consideration of Ten Dollars ($10.00) and other valuable consideration. in hand paid, bargains, sells, conveys to Washington Federal, a National Association as to Parcel I and lozier at Whitman Court, LLC, a Washington limited liability company as to Para!! II and Ill, the following described real estate, situated in the County of King, State of Washington. See Legal Description attached hereto as Exhibit A and by this reference Incorporated herein. Subject To: This conveyance is subject to covemmts, conditions, restrictions and easements, If any, affecting title, which may appear in the public record, induding those shown on any recorded plat or survey. Poge 1 013 LPB 15-05 Description: King,WA Document -Year.Month.Day.DocID 2013.1001.1298 Selected Pages 1·3 Page 1 Order: 21 Comment: First American Title 20131001001298.001 First American Title Bargain and Salt Deed -continued File No.: NC$-595435-WAl (v'c) Di111!: 09/19/2013 SB 16 Ribera Balco LLC, a Washington limited liability company By: Seatue Bank, Sole Member By: Patrick F. Patrick, President By: Keit McCullough, Voce President STATE OF Washington COUNTY OF King ) )-55 ) I certify IIlat know Or haYt! satisfactory evidence IIlat Pm 'u< f Ptm2lOH ~ HllTH I11c,{!,H.!.!-CtU!J>tt ~ the per.;on(s) who appeared before me, and said ~s) acknowledged that he/sheI® signed this Instrument, on oath stated that he/~ Is/are authorized to execute the instrument and ackn edged It l'S the S.hIi.>r't' P I t:S1't':n.t of ,6"lJ<l to be the free and voluntary act of such party(les) for the uses and purposes mentioned In this InstnJment. *" $0<.£ /11bnElfQ t?Jr: 58,,.. R/5~1I1'1 dllL.t.'''~'''''''C- Dated: 1I,<'il.!. '3 -=~~~""""""-'i?-~,_",,,,¥¥-,~ __ _ ::::£::~ ..... ~-ck Page 2 01'3 LPB 15-65 Description: King,wA Document -Year.Montb.Day.DocID 2013.1001.1298 Selected Pages 1-3 Page 2 Order: 21 Comment: First American Title 20131001001298.002 First American Title APN: 51121O-OO21~Z EXHIBIT A Rle No.: NC5-5V5435oWAl (vic> Dlte: 01/.1/2013 LEGAL DESCRIPTION: Real property In the County of King, State of Washington, described as follows: PARCELl: Lot 1 of the Ribera-Balko Short Plat No, LUA-D2-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records Of King County, Washington; Except that portion conveyed to ety or Renton by _ recorded under Recording No. 2012041Il001607. PARCELU: lot 2 or the Ribera-Balko Short Plat No. LUA-D2-129-SHPL recorded April 9, 2009, as Reconllng No. 20090409900002, records or King County, Washington. PARCELUI: Tract A or City or Renton lot Line Adjustment ND. LUA-D7-C18O-lLA recorded August 18, 2009 as _ding No. 200_18900001, records of King County, Washington. Pogo 3 013 Description: King,PIA Document -Year.Month.Day.DocID 2013.1001.1298 Selected Pages 1-3 Page 3 Order: 21 Comment: First American Title 20131001001298.003 First American Title 4. Exception_06 192430 First American Title First American Title ) " ) '\I (n . (Por. S) k'.T"ll", .1>4 en.ptl", fr .... Ill" lal>4 ..... 10 •• or. _ bWI\ "" _".11 "" ... fu r be ;;., .... uint4 to ccmt.al.a coal 01' irDD and allo chi \&Ie of .ucb "v'E'flet &I'CIU1'IIi .& "7 be DCee .. s.~ fa¥' mini", operatlou .n4 th.e .. 1&bt of ace ••• to .weh .. eu:"ed and I!Jlil:*pte4 COllI and irOll 101>4 •• fDr ~ ,,,'po .... f exp1 ... 1",. ".".,lopl", .I0Il ..... 1<1'" tho ..... First American Title First American Title 5. Exception 07 5813072 'l'r.(!t Nn •............. ~ .. 'nolt 1. :;It..,b." •• ad. ....... l'r.DII: !'I"·''J-aa [: ;fw~.........,..... .... $ 4.00 .• 00.................. [)oUarII ~dIII .... "tlwufltlio ....... to ... n:....'-.. __ .. .,~"'..,... ........ Wi*iq.publillll'Hll P~. aad .... iU ;. ....... "-"Mot. efIPII7 rtl_ aDd. quit. jo\M~ .. t,. 'f ~....,,\. StittefW .... mrtRl, f6rullf of I ~ ~:~i.;::rr:+f~~C!:Or.t~~~f:!!!r-~!~~!f~~~tt~·;y1~~·: ~. 42 ft. ",r the E.l/2 or the N.w.i of the N.Y..:;; ot the r;.w.~ ~r .. etlac ~:. iI~t!li~~~: ~?fi~t';i:ft (G2~~ l:::·S.E. to )~8tr Ave. S.~.) ~~~.:c:.::-.:r~JS:::r...:::.ct:~~'::: ==--=:!t~'=-.. :==-,,~-;: ... '-~ .... ~.,..... k,<'''t .,..t. (...?,;. T~ .... '"'". , ..... ., ........ . .LD.,..I-1- 1>t2~4 y.I~'" \." .. i71", .. :1'~· •.. ../.. -".' /, •. ~. -... -} ..... ~-----.. -- ......... 0.2:"..& .• "' ............ ""'''''-_ .... ~ ..... . .... __ ..... , ___ .. __ -rrl"f.:' JS,·'i" . .. _~_ ....... ~..s"""ia"'" ......... ..w.d .. _ • ... .., ... ,...ftrr· ............ "~~":ft~ w ......... ~":A.J~ ~#..,.. ..... First American Title First American Title 6. '_0' --'- First American Title R~'."".""-" •.. .w..llO ....................... ~ ....... ....... .,kMfltllA ........ 73.c. ........ ___ " .... .,..,.. .. tD4 I11aWIq, .. WieN4 ...... r7lr.lK ... _ .,..., .... nkl .. ~ ...... ~··· .,rltIF,. , .. !pit- tWa .... ,loOtClllUtIot'. H~1' " IldiflW .. iIIcI .... 1ol'II ..... • th~ itNnt, II I paMit rea! .slllt''"!.tli mt..I .. tt. f ..... tkarikd ,.1.-111,. It po!'ttoJ) ot T,.et .3 ot r"l'tiftl , terll ",uti tmrll~. in .$eo. 1S. S :!:.V,l! •• add ftO:t'Utm 'bdt./! duel'\b.1! •• hllo",1 Tbl S, it Ct. ~~dfu~W~d~L"~dfu~n.~ ..... i.~ of uid Jl'e. 1,. COJltJiI.l"8 .02 urel .en·. ot' 10!'11. ~\! S,!:. 126tt. St. ( l).?tid in. S.I!:, to 168HI Jl'ti. !..F,} r.,..:.~=::;.~~':==."""~=r::l.~'= .. tot .............. 04~.ifdil .. ".... Wr.-.. M~~IiM~ . ... u4u &1Ib .. l""'ltdat.1l1h 8tN" 1f b't ' . .., .. "/,,,/ . 8t'II"'W~ . -="",~-~~.-..... -:. 1 O'tM. ... ~..f. __ ........ ..,.t .... ,v.~.V¢;;q~K'.~ ..... o.f1."'_ .... N.ur, .... ,i1l .... ,., .. IIIdt,,~~~ ........ ,.,.....,..J.."':. '~I· .. :\'e-.. "'/ ."".eM<"' .... ..... ... MIIeII ._, .. ., .. First American Title 7. Exception 10 8509260881 i 2 First American Title UTll1TY EASOOT IHI$ ,''-''. _ "''' 1. 3 ... of /~ • 1. :J,f" ., a. ~ IIIEIn J. MLm Iftid .... .., llerettllfter alle4 -Cnntorh)·, .... FAfRFIW 1IEm.0PfIDTS. IIC ..... ,h' ... ......,.1. t.erehafter al111d "Grantee-, ~ ... , 9 IECI).F 7~OO CASHSt.. .... 7.00 vt1'1lESSElH: 35 Thet Slil Gralltoth). for ... 1. ansi_IU. of til! $. of $ _ OOU" paid .., liriltda-. _ ....... 1 ... 1t!' CCIIfISfdl!rIUDli. de by tfIese PftSt!IIlS. ,...fIt~ ...... tn. sell. tor'I'fIe1. 1M -.rraAt IIMto tbt n'4 Greatee. tts $ICCt$$Or'$ and fSSigrtS. In elsaent for unitary $etIICf" trlth ~$Iry I~ 0ftT. througb. across .nd upon t ... fol101ri,. desc;dbed pnlpeTty i. If., ca.tg". "'sh1ngton ..... particular', dI!oscrt~ is follows! The fast fifteeR (15) fftt of the following described propert1: 1hI! East 1/2 Df the ~t 1/4 of the ~""t 1/4 Df the IortIaiIIeSt If. in Sect10n 15, '..-ship 23 1IOrt1ll. Range s: East, 11.111 •• in ltlt! Coaty, Nls~.fng'tOli EJlCEPT pottion thereof COIt¥t.)'ed to King eo.nty for SouttJent 128th Street, under Wttor's File No. 5813072; ..., UCEPT all coal UId .tnere1$. Ind ttae dFt to elq)lore for and .,. tile s.e as es.clUdl!d 1n deed reconl!cl under Audttor's rnt 10. 301Z446i; (ALSO lIQII AS Tract 2 of ... rt1n's i\tre Tr,c;U. _h SiMQ ill the City of Renton. County of ling, State err Wtstrf"ftOtl. Ste ntadled stttdl. 6nlntor does: flll"tJM!r COfI'ItY and gn .. t II' ~ C(IC1Strvct1OR' els.eat for all ,.1"poSM ...-mv t:Iir! constrvcUon Gf tbfo said fac111U@5 Mert a(l"O$h 'lq. 1_. \!poIIIDd Bder the f0110111"9 descrfbecl ""'rt.v. ~ with tie right of, tigress to _ egJtis fn. said ~ribed property for the loregDing ~. $lid ~nlry nse.nt to ~ on till' dIIt.e of this 1nstn-.t ud to tenl'llIIte on tile dab! .actual use of utel 6lSe.nt .ret stitH wr.;natt. or IDwIIber 1. 1987, lIIhidaeYer o«wrs first .. 11Ie East 1/2 411' UIe IortIIesl 1/" of tM IIOI'tMs.t 1/4 of ttte ~ 1,,, till Settton IS. Townslt1p Z3 IIorth, -. 5 East, V4 " •• 1111 King County, !lashiAtto!i. EXCEPT portfon ~ ~ to 11ag County for Soot:heast 128th Street ...... !\udltor', File Mo. 5813072; ... £lC£PT .11 COltl a,M .tlllll!!l',h: Ind the .. tgllt to PDlort for aid .-5. tile ~ IS exc:1Ne4 in dttd rKOr4H under Auditor's File 10. lOlZC46; (ALSO QCIIII AS Tract 2 of ... rt ... ·s Acre TrICts. -); S1_teo 1ft 1:M Cttl of Renton. eo..ty of ~t"ll. State of 1IK""ngtoD. See I~ ,ttua. f.,rfield Deft:10111imts. it 'Suc:teSson. tletn. a.s US1gM • .,..en to ,lIIIeMtfJ ,., 1Io1d. hlnless 1M &rantor(s) fro-.,.y -ltlbfltt)'. costs or ~ *ttoe¥tr rtlattng to tN 'ItSI of tN t.por.ry .ease.ent by u. Cnntee(s'. Uaetl" s.xessors or Issi". ~ ... First American Title 1 I i S.ht ~an! .. ~ "-tet. it, StICc:eIHrS ", ISSfps •• 11" 111ft uIt rt.-.... ao.t ....... fIIrt.CIt ............ at 1 ... at sadt tt.s ~ ..,. lie ~ ttI ....... ~ $Ii411.~ .... ~.--t"" tile,...,.. of ClMlrKtt ..... m...... ,.,.trfll. .lter'",·.,. reeoMtnctfeg ,.t. Ittlftr. fit .'" .., etMKtt .. tllen!WltfI. wttlllfi twcwri", lIlY 1., eIIlt,.tflM; .. H..,l1ty :tIIeNforw. P"8"1-tMt MdII ~tndl ... .,I1U1 •• t ... "'INln ... alteM", II' ~tnctt .. of sueII .tnn, sI:II11 II! ~1"" tw sum • _ UMlt die ,.-fwtte ~ at,"", ... tfIt rttllt(s)-of..., *11 ..c: _ IIftsbrt.e. .. ~. Of" t. tile eftftt u.,. are 4fstwW ......... tIItr wt11 lie ,..1KM I. IS .... awdttfOit IS tIII1.n t.e4fatel, ~ tile "..rty was eat.recf IqICM by tbe tnnt.. TIll! GrHcor _11 hill, ItS1! 1M II!ftJo1 tbe .. fomItscr1W ,..,.tws. 'lkl ..... .., tile 1"iIM-to reQ1. tile rf,rat to .. tie $1W'face-of SIf4 rigllt-of...., If s.cII .. IItOes IIDt t.terlere "'tit iMtll1ltiOll MId .t~ of the utiltty li_. ~. _ ,"l'Itor .11 Mt ... t .. dldf. or stnctures ewer. n*r or teres, tt. rigbt-of...., duM.., the plstefte4: of sveII .-ti11t1. Cnntor ICktotledfes tMt tile Gral)tee .. , transfer tMs e.SMeIIt to tfIe Cit}< of leeton fw tbe purposes herein descrlb!d. 1111$ ~t shiH lie " ~ NlAi-sJ.ll'ltil the tDd ifMI shill be b"tndt8g1 .. tilt fir_tor, ~. ltw!iT sutc:essors. IIe1rs, ~ ass1Jll$. &rntars cuw&.o1: tMt they.~ tIM! ~1 IIInM'S of tbI aboft ~fes nd dial thI:7 ...... ...... ~l rtjllt tG euc::vte tttts ~. ~~ -&-!k .... ~ 1iuLr,. -'iii . .,.... II . ....UOIJ =.:~ I··· I. tilt -,,_,. _" "'lIe t ........ tile Stat. Of~~ _ eortffy tho. t ... "".~ ofa...;;" . .e-= • 19. , appNred lIefore.. He.aCt.r 09~ : ... acl.,::r;...t,ca : to ___ ,to be illllh1du11(i) described t. aM. tHrlltllted UtI! f0ng0111g 111S~.,and -_ ---det .t ........... lOdtlle ~ as ~ free and volunory '!'Ct ...... for ~ vses ud puI"pOHS 'DeNt ___ 1Ofted. -2-....... First American Title First American Title ---... ."\ J I . , .-~ I , 1 2 3 .... ~. uttt.\O. " t 1. !. _ .s~ ..... Ii Ii 1-I! t' I ! .... "-' ~< ...... ~) .... , .. ; First American Title First American Title 8,Exception 10a 8609111674 r First American Title Slr 'I ~ \r iH'U 86 .... 09 ... 11 116710 B ItECD F" 8.00 CASHSL *.,,-e. 00 'l'BIS Df8'1'R1JXD'1'~ 8Mi tbi • ..t:Ii day Gf ... r"'Z/j. .... "'-__ 1"., by ana ~ ruuULD DBYZlDJIIBIft'I, De., • w.aingt4m eorporJ.tion (hHdnafter cralled IIGrantor") and t'JII ern or UR'I'OB, a ... altllinqton wnlo1pal OOrpoN1:1011. C!lUeJ. ... nu called IItba City· I • 1IPDDS, Grantor 1M. olttaiM(l • atility .. .-.nt thrcugb, aoro.. IUJII qpon prvp.rty in Jt1ng Co\Inty. Ha .... ington, .. id .... - .ent beiD; recorded. 1D tu official ncom. of' lU.ng county. • eOPY lOr Which h attacbad banl:o a. Ixldbit I. and. incorporated :by this nfereDCa hereinl and 1lIBRBAS, kid .. uaat nprw.a1r provicl .. that the ...... nt .. y be traII.tund. to the City CIt RutOlll ad 1I8EItD8, tbf, City bb H:qQtIlt4a4 t.be t;nnafu CIt aid ..... • ant .. put of til. QprOYal ptOOti .. of Crantor'. hvel~ Gf the pt'OpN'ty aet'Vad bJ' aid. ...... t. _. ftI8IUI:laItB, in oondderaticm of tbII autual connanb contaiMd. :ur.in and. ot!lu voocI an4 vdoabl. OQIWiduatian, Gnzrtcr don by theM preunta grant, :bImln. aell and 0MNrf aato tbe City .. id utility ........ ncord-S in tM Gltlol&1 reocmIt of Itint CoaDty, • copf cf ItdliClll t •• t:.~ lMzwto .. bhibit A, alan; with all r.1gbte and p.,..lbUitJ. .. -wurteu.t ~reto. Inntor "aiDa _ taporu]I' CJOUtruct.ioft ......nt t_ all pazpou. l!IariDg tlIIe 00Mtz'UCt.1on ~ lIllY facllitta 0ftZ'. acro.a, along. ta, crpoa., .ad 1IDdeZ' ad4 -.-at, ~ V1th tH rt_t Gf iat:n-to ad. egl"M8 tr-. Aid. ....... 101' tM lXIMtnatlaa, ~ .ad nprlr of -a' atUlt:7 eaoJ.11U. nqaiftIII to be 1Mtal1 .. OJ' ~ 1IJ' enator. -------------_.-........ ' ............. -' First American Title r D tfnIID. 1l1liIl0l' the _aid ,rantot' baa ueoutd thi. 1D11U--t em the~ 4ey at 10;' , 1911. rUllPrJLD J)IYELOPIIEII"lIil. INC. ~.:_".~~ ~'''''-"''J;':':i ~ii~.·~!t'$' Vic. Pr •• ident ' 4E _.j. U4 - First American Title First American Title r r First American Title .. " , . .:,L Tt ..... '.. . ... :.":~.- 4JlJI/(T A UTILITY WUOT litiS IIISTUIIIIT •••• ..,1. 1.3 da, 0' a.,....:r-. I' a.[" ......... _ II£IIIY J. 1011.11' ... _~'!I!..UI~!k!!! ____ --' llentMfUr allH '"Ir..-tor(s)·. and FAIRFiElD DEYELOP'IEIITS. IIC" • VuhfflgtOft ClDrpor.ttOll IleNt"'"r c.lltd ·IGT.ntt.·, ""09/2£ 110881 S ItECD F' 7.00 IIIItlESSETtI: CASHSL ~.oo. That Hid Grlntl)l"(S}. for pd In (OftIldtr.tlon of tilt , .. of S ONE DOLlAR Plld by "'IfIUlI Inti otfMlr valuabl. con ....... tIOft, do by thts. pr'fSectts. grant, blrg.tn. tell. ~"t1. Inc:! .rflnt unto the Ittd "'.ntH. Its lueas'DrJ and IlIt",s, ,q ,"'l!!IIefIt for H"fUry sewr with IIHfts"l IppurtenallUS over, tlll"(l"9", .CroIS .nd upon ttle followfftg descrtbe4 property In Ki"ll Covnt.Y, IQshtngton, III)r' ,trUeul.,1, descrtbeCI IS '011(.$: The tlst rtft .. ,. US) feet of the follOOn9 .scrfbl!d property: The t.st 1/2 of the NorthWest 1/4 of tilt fIorthwest 1/4 of the Nortllwest 1/0' in kelton no Towns.f, 23 North. RI. 5 E.Sl. II.",. In King tounty, "'sh'n~; EXCEpt portion tlIerecf canve,rtll' to Unt ~~2tor Sout •• st lOth Street, ynder Auditor IS rl1e 110. AND EXCm .11 COl' .Itd 111r.rlls P1d the rfllht to explol'@ for .nd .tlll th. I •• IS ellt1vded 1n deed f'KGnIecI under Au4lftor'l Ftle 10. 3012446; (ALSO DOWIf AS Tract 2 of Marthl's Acre Trltts. IIIIl'Kordecl); S1tu.te In tfllt City af Renton. Coanty of I{fnt. sub! of Ita,h'nttmt. See Ittlct\td' st.tc:". 6r.llter does further conftJ' .nd lp'lnt • tetlPOrery COII,trvc:t101 tls.lnt 10r .11 purpt»fs dartlll the cORstruction of tfte Slid f.c1liUes oyer. ICross, along. in, upon and under the fol1owing dMcrtbed PfOpertJ. t09ltJIer viti! tfllt. T'ght of 1...,e1l to ,nd t9"SS ffOll sltd .scribed property fOT the fOfl!fOtltg purpostS. Slid teIIPOr.ry HS .... t to c~ 011 the date af t"15 fnst.,.",..t ItMI to ttNIIflWlU on thl dati! IctUil use of Slid O","t ..... shin te .. t ... te. or IoveMIer 1. 1981. "fllttltlvtt occ:un 1tnt. The East 1/2 of the IIorthwtst 1/. of the NortlMSt 1/" of die RoTttlWe,t 1/4 fill SecttOil 15. Township 23 Irnih, Ringe 5 [uti 11.11' •• 1ft It ... County, WlsMItgtOII; EXCEPT portlOll Uereof CfJfJ~ to ling ~;&tor Southeast l:ath Street. IIfIW Awdttor's F 1e 10 • .... £lC£PT .11 COI1 1M .ai_r.lI and ttIrt 1'1. to • .,lore for IIHI 11'1 .. the .-IS eacludec1 111 dtId. recorde4 .,.... AMttor's FUe MD. :'l~~1.d\-:-SO ..... AS Tr.d 2 of Mlrtt.'s At" TTtCh, St_toe t. the Ctty .f IIeIltoil. eo.tJ .f ltllt. Stab! of 111ft,,,., S. tttldllld sketdl. FIItrfte14 "'~I tt ~. Mi" ....... t ......... tt t ..... .., .., .W ...... 'till ~I) .". .., "*ltt,r.cedI .. ....... ......... ,.1".., co ... _ ., tile .....,. -.-t ., tilt ...... b' . .... f'......,."'_t .. ~ ..., ( First American Title r Sltd Mrttofor1l _tt .... "'In •• its !luettnor. or .111." lihln hive ,III right, without prior not'ce or proettdf"O It 1 .. , It sue" tt •• " ., lie 1IICft .... , to enter _pcHI Ht. ,bowf.dtscrtbn ......... t ,11""",t for till purpost of COftstrucU"" .'ntltnt"" "Pltrtng, "tlrt", or recOMtrwcttn, .1141 uetUer. Of' .. tftg '''1 cCNmICttom; therewfth, wiu.o.t fncUI'Tf", ,ny 1tt11 .1Ip1.IOftI or Hlbtltty tMNfol't. prow'" Utit such COfturuc:UOtI • .. fnta'ntltt, repalr'nt. ,'tfrfnsl fir ntComtruc:t11'1f of .uel! utility 'Nn lie .c~1tlhtd 'n llieh • _MItT tINt tM print,. 'IIIprov-.,ts Ia:httng til the rftht(I)-of-wt)' ,h11 nat btl dfltllrbt4 or ,..pd, or til tilt .ftnt t., IN dhtlll"becI 01" .... ~I thef will be replaced In .s good a conditIon .. they were '_df.tet, lIffo", thl property fir., entmsod upon b, ttlt S"ntel. The lirllllor shill full, ule Ind ,Iljoy thl Ifondn;cr'beI;I p,...tsIS. 'f1I;luc1tng tile "ght to ... ttfn the rfgtlt to uSf Che surf.ce of s,'d rfgllt-ct' .... y If sudli USI does not Interfere with Inltallation end .f"tmara of ttle utflfty HM, However, the-Gr.ntor shill not erect buildll\S" or struc~re5 oYer. un6er or leron the right..of .... y during the e,llistent't of such IItfl fty. Gnntor .dltCJlllllK1lJ11s thlt tht Grant~ .. y tronsfer thh etHB!flt to thl!! City of Aent(MI for the ",rpM" her.ln dncribed. TMs elSeMnt shill be I covC!lWInt runnll19 with til. land .11(1 sh.ll .,. btndttllr on t"U!!! ,,".ntor. 6r"I1ttN. tbttr SUCUSSOI"S, he-frt. fIId .niglls. ~'ntm'S coYeMnt that they Iff Ute llllff\ll I*M!I'S of the .~oye properties and thlt they Nve • good I.d lawful right to I!ncute-this 1!Jn!R!lIt. ~,>~k "d~ 6uL, ::0: ~t;?t& l ... I i t l • First American Title I. tilt 1IfMWS1111H, a ItOtII')' Publ1c tit and for the StlU of ~~ ... ...., certtfy tlllt 01 thfs~y ~~r"W"':': • l' I 1 appHr'N .rClTe _ He.-,cu..:r ~ and ad. J\..1.t:O r : to. tncMn ta lie tndh1du11W _crl ..... tn .nd •• ....ecvttrll U. fortgo ... tnstr..-nt, "nct "d:now'eQH tlltt =rlr.ej 5tpM .1Id ,.,lee! tIM! s_ .s ~ free "nd volunttrl tet "lid .. for tht uses .ad purposes Ihert:ln .... ttCMltd. 4i - First American Title 9. Exception 11 20000418000708 CD <=> r- <=> <=> <=> "'" <=> <=> ~ &",,,,Addn,, City CIcrk', 0lIicc City afRaltou lOSS South OradyWay Rarton WA 980SS ~--------------_. ------- Title UTILITIES EASEMENT I Pr_Tu:ParcelN_ber: 5781./() -OD2l> Project Fdc. R. 5 J.! l. fLl7, I -"""'-'-or Plajecl Nome AI € 4~ 10 S-r &f lin" Reference Number(l) ofDocumcllts a.mpcd or RIessed Addttimllrcfma<e .... bm ....... __ ~ GrOlltor('): r. Grutee(.): I /?d3cI~A' f3.!,.·.,[;.,f'€I2.PIlI'><'S, I CltyofRmtoa,aMurucipaiCorporabon ~ ~ i_ilL V Lt,.,,n;-o r;1~~", n. G ..... r. ullllJD<dabove. roror .... In......s...b ... 01'_ beoo&U, borcby....,r.. borpu>J...us .... cIdJ ...... the above _ c ... t<e. the follo_ dcocnbed~ AddttimIl kpI is on _ --*-.r-...ul (.4bbntUI..,,..,.....,,,. MUST .. _) L5GALDESCIUPTION ,4 fN,..,i:.I'j or Sec./. .... /-> ~Z3,v.RnfS ~ WM.K,"j COVIl/-f / W'4 ~ eso:i!ifr- ~J/)nn· /Yl"::J. .... ' First American Title First American Title .-= = = CC> ...... = That said GmDtor(s), for and Ill_on orllllllualladill. do by !bose preIOIIIS, ....,.. barpln. sell, _, and WImIIIII UDIo tbo Slid GranIoo, its _and oaIps, OIl _ for p.DIu: uUhties (iDclwlulg _, _let, and surfaI:e water) wItb........,....,...,...,.. _.1dIdor,1hIough,..".,.. and upon the followins dcoI:ribccI pt<JpCr\)' (the risht-<d'-way) in KID, County, WIllliastoD. _ pulicularly descnbod on page I. (or ifftllllcgal is DOl on page l-ExhlblI A) For the pUl»Ole or coDStn1C:UDg. rcooDSlrUOliD& IDsIaIIm& n:pairiq. '"Placing. coJarsm& operabng aDd mainIauung uUhU .. and uUhty p1pelmcs, includm& but DOl BmIted to, water, sewer and storm drainage Imcs, IOgetbor with the right or Illgross and _ tbm:IO without prior InsIiIulion or OIly IUIt or prooccdinp of law and without mcurrIng OIly lepl oblipl!.on or hability tborefi>r Pollowills the iDitlaI COIIIIJUCIion of i .. faahbCS, Grantee may Iiom bme 10 time OODSII\ICl ...... llldldoual faciIidcs IS it may reqwrc Tho CIIICDICDl is granted subject 10 the following terms and coDdilions The Gnntoe s11oIl, upoII_l ...... of IIl'/ work withm tha prcperty _ by the _ ....-Ibe rurr.oc of tha _and any ""vate 1mpfO_ duturbcd or destn>yed duru!f......-of the _ ... IIt8rly .. pndIcablo to Ibe OOIIIhUOD theywm: ID _ybel'oro _t of the work or CDIr)' by the_ Grantor Ihall relaID tha nabl to _Ibe rurr.oc oftha ......... uloq ullxh use does not _ With tha eesemeot nab" granted to tha Gran ... Grantor Ihall DOl, however, ..... the nJIII to .. _I orlll8Ultaln any ~ or stnICtUra Wlthm thaeuement; or b PIonI _, _ or -,",,00 hoYllll deep """ potIaDs wIw:b msy.".... -.. 10 or mlerfere With the lII1hbes to be plaoed Wlthm Ibe _ by Ibe Grutee, or Develop.Iandsc:ape, or besubCy Ibe ............. ID IIl'/ way w!uch would UIIfOaSOIIIbIy _Ibe ..... to the Grantee ofrestorlDfl tha ............... andanyprivatelmpro......us thenon 01&. twmel or perform other forms of_on .,t",boo an tha prcperty wIw:b wooId chsturb the compacl1aa or _ Gnm ..... r.cwbes ... 1be riihl-Gl"-way. or """"""" Ibe Iatenl support r.cwu .. Blast Wlthm fifteen (IS) reet orlbe nJh!..,r.way TIus easement shall run Wlth the laud dcscnbcd bclllD, and .ba11 be bincIuIc; upon the pam ... thetr hetr$, successors LD intc_ and a.sslgDS GnmIOB """"DInt that they arc the Iawftd owners of the above properIJCS and that they ba .. a pi and lawful ngbt to execute du. agroomoDI By tIus oonvcyance, Grantor Wlll warrant and defend the sal. bcRby made uolO the Gnmtcc agamst all and every person or persons. whomsoever. IawlWly claiming or 10 claim the same This conveyance .ba11 bind the he .... _n, admirustraton and ISSIgDS fo .... r A- IN WITNESS WHEREOf, .. ,d Grantor lias caused tIn .... _ to be executed tin. £dsY o(~ ~D ~4-~ ~ INDIJIlDUA.LFOIWOFACDiOWLEDGMENT=====-----------1 Notary Seal m .... be wuhm box STATE OF WASHIN(/TQN ) S5 First American Title COUNTYOFJONG ) I ccrury thelllaIowor .......... 1'ac""Y mdcnce ""'1 ______ _ acIoI==Owkdp:l==;-:":-:to='bc=Iu--IIbodtha==It:Cho=--and=\'O::;h="tary=:::S.::::""~ menuoned 111 the II1Jtrwncot Notary Pubhe 10 and for the State of Washington Notary (Pnnt}, __________ _ My apJlOlDllllCDt expua ________ _ Dated ..... First American Title .:::> CO> .... .:::> ." ." .:::> ..... INIJIJ'1DI/Al.IO/UIOTACDIOW1ZIJ6JRNT Naloly Seallllllll be Wllhia box STATE OF WASIIINl1l'ON ) 55 COUN1YOF KING ) lcatdYtbIlllmowor_~ ________ _ ~~~~~-.L~~~~~~~~~~ad adowwIodpd d to be __ he ad wi-,. act r ... 1IIe .... ad pIII]IOOOII _ialbe_ Notary Public ill aDd fOr tbc Statio orWashiDaton Notary (PriDI),_-:-_______ _ My~~~ ________________ __ Dated CORPORATE F'OIW OF AI%NOWLE1JCIIVIT NoW)' Seal must be Wltlun box STATE OF WA8IIINOTON ) ss COUNTY OF KING ) On ..... ____ day or 19 ~ beCOn: me pcnooaIly appeared ~be---------------~~1IIe--~~~~~w execull:d .... WlIhm_and~.1IIeIlld-ltobe1llefr .. and ..,Iuntary lei and dad ~oucI OOIJICnIIoo, for 1IIe ..... and __ menboaecl, and _ 0Il_11a1ed that boIJbe wu ~ to execute .... mstnunc:at and. u.t the IC&l afIixed IS the ccxpontc ICal of .. Id corporaUOll Notary Pubhc ill aDd fOr tbi!I State ofWashmgIon Notary~),~_=---------- My~~~~ _______________ _ Dated H OORMSIKCRECOIUllEASEMENT OOC\ Pap' First American Title First American Title "" ..... = = = = "" Attaoilment "A" Storm Drainage Easement to the City of RentoD The north 10 feet of the east 190 feet of Parcel A of CIty of Renton Lot Line Adjustment No LUA99075LLA filed under King County Recording No 19990623900005 ALL SITUATE in the southeast quarter ofSectton 15, Township 23 north, Range 5 east of the WIlIamette Mendlan Itt the CIty of Renton, County of Kmg and the State of Washmgton Page 4 First American Title First American Title 00 Q = = = "" = "" = N First American Title Storm Drainage Easement Exhibit Northeast 4th Street 1 1" =60' 190' 10' Stor drainage easement Parcel A LUA99075LLA Page 5 First American Title 10. Exception_12_20040309002194 AFTER RECORDING RETURN TO: Thomas F Peterson Betts, Patterson & Mmes, P.S. One Conventton Place. SUIte 1400 701 PIke Street Seattle. WA 98\01-3927 ACCESS EASEMENT AGREEMENT Gmntor Grantee: AbbrevIated Legal Descr Assessor's Tax Parcel No Ribera-Balko -Enterprises Family LU11Ited l'artnersblp United States Postal Sel"V1ce East 112 ofNW 1/4 ofNW 1I40fNW 1/4, Sec. 15. T23N, R5E, W.M. (Complete legal descnptton on Exlubll A) 5128210-0020 -t~EASEMENT AGREEMENT (dus "Agreement") IS made !hIS Il'f! day of ~ 2004, by and between Ribera-Balko Enterpnses Famtly Lnnlled Partnership, Wasbmgton hmlted partnersbJp. ("Grantor") and Untted States Postal Sel"V1ce. an Independent establtsJunent ofthe EX<;c11uve Branch of the UOlted States Government. ("Grantee"), wl!h reference to the following facts RECITALS A Grantor IS the owner ofcertam real property located in the CIty of Renton, Kmg County, Washmgton described m the alt8ched Exhlbtt A ("Grantor's Property"). B. Grantee IS the owner of certalO real property 10 the City of Renlon, [(lOg County. Washmgton, descnbed 10 the attached Exlubll B ("Grantee's Property") C, Grantor seeks approval of a shorl plat apphcatlon from the CIty of Renton ("the CIty"). The shon plat apphcatJon IS known as LUA-02-129 ("the Short Plat ApplIcatIon''), Wben approved and recorded, the Shorl P1at ApphcatlOn WIll subdIVIde Grantor's Property 1010 two IOls, referred to 10 the Short Plat ApplicatIOn as "Lot I" and "Lot 2 " 216967/120203 1701t71~70001 -1- First American Title First American Title D. The City bas placed a condItion on the grnntmg ofthe Sbort Plat Application that Grantor enter mto an easement agreement wIth Grantee that will create a JOint access route proVldmg access to Grantor's Property and Grantee's Property as depicted m the plans of the Short Plat Appltcation. The easement would be located entirely upon Grantor's Property. E A second conditIOn Imposed by the Cay on Ibe Shon Plat AppltcatlOn IS the construClJon by Granlor of certam off-Site Improvements as depLcted In the plans, tncludmg certain Improvements to Grantee's Property The Improvements tnc1ude Ihe ehmmatlOn of the current street access to Grantee's Property F GrllDtee has agreed to allow the c10smg of Its eXIstmg aCcess as reqwred by the City on the condlllOn that Grantor perform the oIT-slte work required by the City for approval of the Short Plat Application and grant the easement set forth herem. Grantor desIres to grnnt the easement nghts contained herem to Grantee JO order 10 obtain approval of the Short Plat Apphcallon AGREEMENTS NOW, THEREFORE, for good and valuable conslderalJon, the parties hereto agree 8S follows' L Recital. The foregomg reCItals are true and correct IIDd are Incorporated In tlus Agreement by thiS reference. 2. Grant of Easement. Grantor hereby grants and conveys (0 Grantee, lIS, grantees, successors, and assigns, for the benefit of Gran tee's Property, a permanem, non- exclUSive easement over and aCross that portion of Grantor's Property ("Easement Area~) descnbed m ElI.hlblt C and depicted In Exhlbll D attached hereto and tncorporated herem by thiS reference, for velucular access, mgress, and egress. No Obstrucllons of any lund whatsoever shall be allOWed W1thm the above-descnbed property that would matena Ily Impede mgress and egress for the purposes herem dermed, eIther during construChon or after complenon of construchon. Grantor, or a subsequent owner of Lol 2, may grant to the owner of Lot 1 easement righls to the Easement Area not Inconsistent With the easement granted herem USPS shall nol use (or allow use of) the Easement Area for any purpose not expressly permitted herem 3. Condition. The effectIveness oftlus Agreement and the nghts granted berem are expressly conditioned upon the approval by the Cuy of the Shon Plat Appltcallon and recordahon thereoCby Grantor witlun 12 months orthe executton of this Agreement or such addJttonal tIme as may be agreed to In wnlJng by the parltes If the City does not approve saId application or Grantor does nol record It wlthm srod time or extended ttme, then thIS Agreement shall be null and VOId 21~67/12fJlO31'1'OII'7J~70001 -2- First American Title First American Title 4. Maintenance Grantor shall undertake all maIntenance andlor repaIr of the Easement Area thai It deems necessary m lis reasonable Judgment at Its sole cost and expense Grantor shall not be responsIble for maintenance of any portion of Grantee's Propeny, mcludmg areas where Grantor may have performed off-SIte work pursuant to the Short Plat Apphcatlon or a separate agreement 5. Insurance. Grantor and Grantee shall mclude the Easement Area in Its poltcles or other coverage for cOlIlpreh<:llSlVe generaillablhty and property damage msurance m effect with respect to the" respecllve propertJes Grantee's inSurance pohcles for the Easement Area shall Include Grantor as an add,tIonal msured. Grantor and Grantee waIve therr respectIve nghts of recovery agamst each otber, mcludmg nghts of subrogatIon claImed through them, for any loss to the extent msured by any msurance poltcy requtred above Each owner shall obtam from Its respectIve msurers written and bmdmg approval of such waIVers Grantor and Gnmtee acknowledge and agree that the Postal ServIce IS self-Insured and that th,S proviSIon shall only apply to any subsequent owner of Grantee's property 6. Enrorc.ment In the event of a breach of any of the covenants or agreements comamed herem, 10 addItIon to damages, each party shall have the nght to speCIfic performance, mJunc\lon and such other eqwtable rehef as may be appropnate to remedy any vlolatJon or threatened VIolatIon of t!us Agreement. 7. No Public Rights Nothmg conlamed herem shall be construed as creatmg any nghts III the general public or as dedIcating for pubhc use any portion ofthe Easement Area or eIther parnes' respectlve prOpertIes. No easements, except those expressly set forth herem, shan be Implted by !lus Agreement, and no other easements for slgnage or other u\lhttes are granted or Imphed 8. Amendment. The partJes agree \hat the prOVISIOns of thIs Agreement may be morllfied or amended, m whole or 10 part. or lermmated, only by the wnnen consent of the parties, ev.denced by a document that has been fully executed and acknowledged by tbe part.es and recorded 10 the offiCIal records of the County Recorder of Kmg County, Washmgton 9. Consents Wherever m thIS Agreement the consent or approval of a pony IS reqUIred, unless otherw.se expressly proVIded bereln, such consent or approval shall not be unreasonably WIthheld or delayed. Any request for consent or approval shall. (a) be in wnlmg; (b) SpecIfY the sectIon hereof whIch requires that such nonce be gIven or thaI such consent or approval be obtamed, and (c) be accompanted by such background data as IS reasonably necessary to make an mfonned deCISIon thereon 10. No Waiver No waIver of any of tbe proVISIons of thIS Agreement shall be effectIve unless It IS m wntmg and sIgned by the pany agaInst whom It IS asserted, and any such wntten waIver shan only be apphcable to the spec.fic IOstance to whlcj:t It relates and shall not be deemed to be a continumg or fuMe wlllver '(6967/1202011'7(11171\70001 -3- First American Title First American Title 11. No Agency Notlung In t1us Agreement shall be deemed or construed by either party or by any third person to create the relationship of prmclpal and agent or of limIted or general partners or of Joint venrutes or of any other assocl,lIon between the parnes. 12. Covenanls to Rnn with Land it IS mtended that each of the easements, covenants, condIt/orIS, restnellom, nghts and obllganons set forth herem shall run WIth the land and create equitable servnudes 10 favor of the real properties benefited thereby, shall bmd every person haVIng any fee, leasehold or other mterest therem and sball mure to the benefit of the respeeuve parnes and their successors and assIgns 13. Time of E •• ence. Time IS of the essence of thiS Agreement 14. Entire Agreement. Tlus Agreement eontams the complete understanding and agreement of the parlles hereto With respeet 10 all maners referred to herem, and all pnor representations, negotiations, and understandmgs are superseded herehy 15. Notices NotiCes or other commumcatlons hereunder shall be m wnbng and shall be Bent via certified or registered mall, retJtrn receipt requested. or by other national overOlght couner company, or personal dehvery Nollce shan be deemed given upon recelpl or refusal to accept dehvery Each party may change from tune to orne Its respeenve address for nouce hereunder by like nollce to the other party The partJes' !Rlltal notIce addresses are as follows Grantar. Grantee. RIbera-Balko Enterpnses 16400 Southcenter Parkway, #308 Seattle, W A 98188 Allenlton' DIana RIbera Western Facllttles SerVIce Omce Uruted States Postal SetVJce 8055 E Tufts Ave, SUite 400 Denver, CO 80237-2881 Altenlton. Candace KlDne 16. Governing Law ThiS agreement shall be governed by tlte laws oflbe Stale of Washmgton. 17. Estoppel Certlfleales. Granlor and Grantee shall, from ltme to tlDle, upon wntten request froID the other propeny owner, execute, acknowledge, and deitver to the requestlDg owner or lis deSignee, a wntten statement statmg atat the easements and otber covenants proVIded for in this Agreement are tn full force and effect and have not been supplemented or amended 10 any way (or speclfymg the dale In teons of the agreement so effecting thIS Agreement), that t1us Agreement represents the enltre agreement between the 216967112010) 170lt7U7000L -4- First American Title First American Title parties as to the easements and covenants established herem; that all condlltons under thiS Agreement to be perfonned by Ihe party have been satisfied, includlOg, bUI wlthoullumtal1on, all mam\enance and repaIr obhgal1ons, that all required contnbutlons by an owner for repalf or mamtenance and that on thiS date Ihere are no eXlstmg clrums or defenses agrunst any owner, as applicable It IS tntended thaI any such slalement dehvered pursuant to lhis sectIOn may be rehed upon by a prospective purchaser of a Parcel Or holder of any mortgage upon a Parcel The owner providing the statement shall do so Within a reasonable lime, whtch shall nol exceed 15 days from the date of the actual or constructIve receIpt of the request 18. Authority The understgned certJIyand warrant that they are fully authorized to enter 1010 thiS Agreement and to bmd said party If execulmg In a representative capaCity, including that the Umted Stales Postal ServIce has obtamed any and all admmistraltve andlor leglSlaltve approval necessary to bmd the United States Postal ServIce as a branch of the Umted States Government DATED thlS~ day~ .2004 GRANTOR: GRANTEE. RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP, a Washmgton lumled partnershtp BY~<~~~ DaR1bera Its General Partner STATE OF WASHINGTON COUNTY OF--Lk.::..;I..;...{l-,5i-__ SS, UNITED STATES POSTAL SERVICE, an independent establlsbment of the Executtve Branch of the URlted States Govermnent On thiS Id't; of 1&~ 2004, before me, the undersigned, a Notary Public m and for the State of Wasb~ duly commISsIOned and sworn, personally appeared Diana Rlbera, to me known to be the General Partner of Rlbera-Balko Enterpnses FamIly Limited Partnershtp, the partnership that executed the foregomg mSlrumenl and acknowledged the slgnmg of said mstrument to be the free and voluntary act and deed of said partnershtp, for the uses and purposes therein menttoned, and on oath slated that she 15 authonzed to execule the saId mstrument '16967112&'1031701111S7OOI)1 -5- First American Title First American Title the day and 'year first above wntten THOW.S F PETERSON NOTARY PUBLIC STATE OF WASHINGTON COMMfSSION EXPIRES APRIL 9. 2005 STATEOF~ok COUNTY oJ>M/JirL and affixed my official seal N tary Pubhc m and for the StAte ofWashmgton Prmted Name' T"IloMas f V~n-.. Residing at· S€ol i:H~ My apPOlntment':::e"::,p='rre-=s.!.3j3J-=;-;-t.-r.o,""""",--- SS On thlsJ~y ocl;.hOO4, before me, the undersigned, a Notary Pubhc m and for the State !f~iD , duly cOmmJsS.\on~d and sworn, personally appeared z!ir,1'.£-f .. ~__ to me known \0 be the!!lAIttIUj)~f ~~.!Ifthe United States Postal Servtce, the enltty that executed the foregomg mstrument,d iC1mowledged the signing of saId Instrument to be the free and voluntary act and deed ofs8Id entity, for the uses and purposes therem menlloned, and on oath stated that hefshe IS authoozed to execute the said lnsltument IN WITNESS WHEREOF 1 have hereunto set my band and affixed my offiCIal seal the day and year fi rst above wotten I.. . A f. _.. I '116961/120200 1701171170001 First American Title ~ wui f\!1. (!ftIVtJ~ tary PublIc In and for tbe S'"ljj0[ ~I/..!!I{y nted Namej;j..c~If'. In f' ~"1J Resld ing at ~1A . l!o My appomtment expires ~ J 8, ()'{)6 S-- -6- First American Title EXRlBIT A Ribera-Balko Property Parcel A of Lot Lme Adjustment No. lUA99075LLA recorded under Recording No. 19990623900005, records of KlOg County, WashIngton SItuate tn the City of Renton, County ofKlDg, State ofWashmgton 2I(137)J0120040911f71~JOOOI First American Title First American Title EXHIBIT B United States Postal Service Propeny Parcel B of Lot Lme Adjustment No. LUA99075LLA. recorded under Recordmg No 19990623900005, records of King County, washtngton Slrnale 10 the CIty of Renton, County ofKmg, State of Washmgton, 21c/1741011004091ml~toool First American Title First American Title L\I'IU UMAII'1AUC: AI'1U U I ----------~------~---= First American Title First American Title First American Title EXHIBIT D JOINT Access EASEMEN r Tha.t po.1Ion 01 PaJeel II 0/ CiIY of Renton lol line A"uel/nenl No. LUA990751.1..A, CIIY I..an<I Record No. LN0300193, flIed under KIng County Raoonf/nq No. 1999082390000s, ReoorcI$ of 1<Ing County. WBShing\ofj; BEGINNING at the NOrtheast comer of .arel ParOQ{ A; THENCE Norlh 88" OS' 09' West, M.on _along the Norlh line of said PaICei A: 1H!;NCE Soutll 01· 56' SI" West, 225.oof8et. TliENCE SouU-r 8S' 0:1' 09' East, :l6.52 _ to the E:ast line of &al<l parOOi A: TliENCE North 00" 4-7' 46' East, 226.05 feet along ,old ElIOt line to the Norlheast ootner of eeic/ Pan=eI A and tho POINT OF BeGINNING. PRj"", Name: Palko AenIon 611e J\prtI8,2002 IlJSiaIh '754eI.OO1.O.pd First American Title 11, Exception _ 13_20090409900002 RIBERA-BALKO SHORT PLAT A PORTION Of TEiE NT!' 1/4 OF THE NW 1/4 OF SECTION 15. TOWNSHIP Z3 N. RANGE 5 E 'If)! CITY OF RENTON, KING COUNTY, WASlflNGTON OWNER'S j)'ECLARATmN' ACKNOWLEDGMENT' .,.~:~~~>E~"'r~~:r~~~;.~tiJo~~7i~~ ..... "(~;~'".~:.~~~" .. ~: ~~:, '., DECLARATION .. 9" CPVEl'It.ANT/"· /,' < ~;';':"~O"'1<~ ~~"~~,:;:~~-.~~:~\~:~~~~ ~iI:~~ffif~:~;~:? r,!::~:~J:;;r.:.::;:~~ NATlVE6ROWTIf ~RotECTIO!I~i.SE~~~; :~'~~.:!~~5.~z":0i~! ..... , •• ·,"'«""',. ...... ' ..... ,"." .. "'0" .. ""'1<' .. ~"' ... '.""'t'"_,_"T" .. """ ...... .., ..... "'",.,.-;,'""'-'-'"'''''', ........... ''' .... ,.....,10/;1 .. '''' .",."q ... ,\IO, ... roo_~ ...... Gf."""_...,..,_. ~.=,: ~,!:,:;':,:,~~,:,,~ "':i ::;:11«>.'''' ...,,.."',. ,,-, ,_._",-,--, ...... ..... _ .... OO<\O', ..... ' ..... ....,""'E>, .. """' .... .,. ...... ,"'"., ...... ".',""",,"'''',,''''.'-' ... lHI'II'I'-'W. "" .. ""'., ........ -"',..., • .,."., ._.r"". '~"'''''TI,",.''"'''''''''''''''.'''' "'_0. ....... 0.'''''_'"''''''''''0..",."" T> .. ~ ............ """' ..... ""I: ........... "'VC#_"" ' ... RI"""' .. ""_, .... ".".,.,"', ...... ,'., .. .......,.,. _ ... "'l<E_"""-u"-<, ... ,,t_"'"'''"'''-....... _"'_~"''''''''''"'' Covenanls: First American Title '· .. 1!~W PRIVATE EASEMElh··FOR DRAINAGE·· POt/ll AND ACCEs,s·, '., ,~.GREEMI'NT' . . . LUA-02-129-SHPL LND-20-0331 .DdCUMENTSl 'OF }iECORD: :.;,:t:..~~£~t ~';':;,~~;~ " .. ""If"" ;':iO ..;.=:,~t: if 01" or "'1,,, "'" "",m." t>CJ:""""""'"""",,,,,-,,,,,,!>Iro"""'O"" ..,""""'10....".., ,""""",.. ••• "' .. ,<KI"" ... ..., .. """,""" .. "..,..,""'" ""01-'oO.OJOTr.''''", ............ ''''''', __ AqUifer Prolection Notice: 'K-",.""'''Ell~".W..,,..'"''''''''OI'_''''''' .... _ .. O""' ... ~_"""""""O"O""<ICOJ,~.,,,,"c<'!Y'" "".'Do , •• ,,"-" ...-0 ',.J ..... A' -" " _, ... "'" .., " .. ""''''' .... ,......",''',."''', ..... , .. ,,...-,''', ............ '''' ... "'".-" .. "",...."'" """""""",,"" ..... ,,,..,"" ... ".l .. '," ' .... ,_-..., ..... """. '"_CIo''E .......... '>D!CI''''' '""" ...... ,.....-_,,'"'''' ...... '....,.. o"""n ..... "'~ TO...,"" __ ~ .. ,.".""_....., ... ",,""'.-..... 0$ '"" .. _,.'U·"O""',,,,,,,,"",.,."'.,, ....... ' .. First American Title First American Title RIBERA-BALKO SHORT PLAT r="I~ A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N, RANG~ 5 E. W.M CITY OF RENTON, KING COUNTY, WASHll'fCTON ~2~!1~&5 1.ND-2ll-0331 ;"'-S __ " SCAlEo 1-.. 60' &f~kl!," \ -~-~ LEGAL DESCRIPTION: _""",-. WI.,.'."",,",", '''''''-,~,''''''''''' __ u.o. ............ """"','""" ... ,'" .... ,"''''''"', ... LOT ADDRESS: :~l •.. ,"_" < .'R£FE.l~ENCES ··::~f:·~_".b '. ··~I0~;~1;~~~f~,~~~ First American Title 12. Exception 14 20090409001132 Retw'n Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 IS' WATERLINE EASEMENT Project File #: LUA·02-129 Reference Number(s) of Documents assigned or released: Additional reference numberS are on page __ . Grantor(s): Grantee(.): I. Langley 4" Avenue Associates, LLC 1. City of Renton, a Municipal Corporation The Grantor(s), as named above, for and in consideration of mutual benefits. do by these presents. grant, bargain, sell, convey, .and wamnt unto Ibe above named Grantee, its suc:ecssors and assigns. an easement for public water lines with necessary appurtenances over, under, through, across and upon the following described property (the right-or-way) in King County, Washington, more particularly described as follows: A portion of the following described property: Parcel A of City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. Situate in the NW ~ of Section 15, Township 23 north, Range 5 east, of the Willamette MeTidian, in the City of Renton, King County, Washington. See Exhibit "A" for easement description. ...., First American Title First American Title For the purpose of constructing, reconstructing, installing,. repairing, replacing. enlarging, operating and maintaining sanitary sewer utilities and utility pipelines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additiooal facilities as it may require. This easement js granted subject to the following ttons and conditions: The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any privme improvements disturbed or destroyed during exeeulion of the work, as nearly as practicable to the condition they were ill inunediately before commencement orthe work or entry by the Grantee. 2. Gratltor shull retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees., shrubs or vegetation having deep root patterns which may cause damage to or inferfere with the utilities to be placed within the el1Sement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which wauld unreasonably inl;:rcase the costs to the Grantee of restoring the easement area and any private improvements therein. d, Dig, tunnel or perfonn other fOnDS of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right·of·way, or endanger the Jatentl suppon facililies. Blast within fifteen (IS) feet of the rigbt·of·way, This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirS, executors. administrators and assigns forever, IN WITNESS WHEREOF, said Grantor has caused this insuumentto be executed this ~day of~ 20~. eLM '2~-:4b ------------------'m~v"'i~~mD"UA~L~~~O'""RMOFAC~~~N~O~W.~UWG~~M~EN~T.-------------------~ First American Title STATE OF WASHINGTON ) ss COUNTY OF KING ) I certifY that I know or bave SBlisfactory evidence that (D • ,. /tOI'Ha...b (u.:;1.q,C signed this instrument and acknowledged it to be hislherltheir free and voluntary act for the uses and purposes mentioned in the instrument First American Title IN WITNESS WHEREOF, I have he«un!o set my hand the day and year as written below. /Z---2-L-,,,,, :4 .. /-4-< INDlVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON) SS COUNTY OF KING ) I cenify that I know or have satisfacWry evidence that ______ _ ==============:-, signed this [nstnlmentand acknowledged il to be hislber/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notaty(Print), __ :--_________ _ My appointment expires:. ___________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) S8 Notary Sea1 must be within box First American Title COUNTY OF KING ) I certifY that I know or have satisfactory evidence that ____ _ =sta"',"'ed"'th;:-:.:-t -"h"CeJ"'sh-,-ef;;;th-ey::-::was/=wer<=-,--,-.u-:;th-o-,rized----;-t:-o-ex-e.,.~·~~: j~~s~~S:n~~t, on oath acknowledged it as the and -,--,-----co-.,----- of to be the free and volllntary act of such party/parties for the uses and purpGSeS mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)--:-_.,---__________ _ My appointment expires: __________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON) SS COUNTY O~ KING ) On this ~ day of [e txv:t"V . 20~. before me personally appeared (! .1' bOi\\Q'" E """ te (" '0 me known to be L'V\ e W\klh of the corporation that executed the wi1hin instrUment. and acknowledge the said instrumenl to be the free and voluntary act and deed of said c01poration, for the uses and purposes Iherein mentioned, and each on oath stated thai he/she was authorized to execute said 1 ent lUld that the seal xed is th co or e seal of said corporation. Pagel First American Title Exhibit "A" RIBERA-BALKO SHORT PLAT 15' WATERLINE EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Nwnber LVA 99075LLA, recorded under King County recording nwnber 19990623900005, more particularly described as follows: Lying within a strip ofland 15 feet in width, being 7.50 feet on each side of the following described line: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4· Street; thence South 88°03'09" East, along said south margin a distance of337.58'; thence South 00°48'45" West, a distance of211.74 feet to the True Point of Beginning; thence continuing South 00'48'45" West, a distaoce of 407.49 feet to the south line of said Parcel A; thence North 00°48'45" East, a distaoce of 140.73 feet; thence South 88°03'09" East, a distaoce of 309.07 feet to the terminus of said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. All situate in the NW quarter of Section IS, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington. Page'f First American Title First American Title EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., Iv.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 15' WATERUNE EASEMENT NOSHHWEST CORNER SEC. 15. h'ORIH QUARTER ~HEA SEC. 15. TWP. 2.3N" RNG. 5f .. W.M. TtlI' 23~" RNa 5£. IU'I. ( FOUND BRASS PIN IN CONCRETE rOLNJ J' BRASS OISC IIlTH SOUthfl~9t t2Bth Stl'ftt. (K:ing Co) INCASEO. 'Pl.lNCHATSlJRFACEOJ/2]'98' +-Northeast 4th Street (Renton) . SaS'03"09'E 2585.74' 323.22''''J--------___ _ I"'L 5SS'03'09"E 337.59' S! ---------------·1' -- , r N.., CORNEA OF I .' I r ~A~g~L A ~ I J ~~ I , K a:,'" I I ,~ r gru I r I ~ r I : I I I I I I I I I I L _______ ~' I~ Truel'D)llt otBeglnniflg in in ..: I I -----__ J Not to Scale CENTR~ p. INTE ConUftlllltS,1nt:., p.s. 206 Railroad Avenue North -Kent, WA 98032 253-813-1901 main 253-813-1908 fax pageS First American Title First American Title 13. Exception_15_20090818900001 LOT LINE ADJUSTMENT PILE NO. LUA-07-080-LLA ! / LA."l'D RECORD NO. LND-30-0331 yitINI'I'Y MAP LAND SURVEYOR'S CERTIFICATE First American Title First American Title LOT LINE ADJUSTMENT ---T;'65 (;'i~ F'ILfo~ NO LUA-07-OBO-LLA II LAND RECORD NO. LND-30-0331 A PORTION OF' THE NW 1/4 OF THE N'l\' 1/4 OF SECTION 15, TOWNSHIP 23 ~. RANGE:; E .• M CITY OF RENTON, KING CO'JNTY. ViASH1NGTON LlNE TAnLE: First American Title First American Title 14. Exception J6_20120419001608 CHICAGO TITlE INS, ~ AEFIJr'/ 3 n P-if ~ -&. After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 DOCUMENT TITLE: Temporary Construction Easement 1111111" ~~I TAtN"lAS .7.11 "/19/2812 15'34 KJNG COi.t<rv, 1M EXCISE TAX NOT REQUIRED I<L •• :! Aeam:ss. OM n III -?7 c:5 /%... 0epuIy t/ REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. SB 16 Ribera Balco, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Pin ofLoI I, City of Renlon SP #LUA-02-129-SHPL, #20090409900002 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): EKhibits A and B ASSESSOR'S TAX PARCEL NO(S): 518210-0021-02 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 198 TEMPRORARY CONSTRUCTION EASEMENT The Grantor, SB 16 Ribera Balco, LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of \he State of Washington, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the folloWing described real estate, for Right-of-Way purposes, situated in the County of King, State of Washington: First American Title SEE EXHIBIT A, AND AS DEPICTED IN eXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of4 First American Title AND REFERRED TO HERINAS THE "EASEMENT AREA" For the purpose of constructing the planned project improvements associated with the NE 3m/4th Corridor Improvements: Phase 1, Project within the Easement Area. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the Easement Area, restore the surface of the construction Site, and any private improvements thereon disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee except where modified by the project plans and specifications. Grantee shall indemnify, defend, and hold Grantor harmless from any and all liabil~y, loss, damage, expense, actions and claims asserted or arising out of the acts or omissions of Grantee and its agents, employees, or contractors in the exercise of the rights granted by this easement. The obligations of Grantee set forth in this paragraph do not extend to any liability, loss, damage, expense, actions or claims caused by or resulting from the negligence of Grantor or Grantor"s agents or employees. Grantee shall require the contractor it hires to work on the NE 3rd/4th COrridor Improvements within the Easement Area to obtain commercial general liability insurance and to name Grantor as an additional insured, as evidenced by a certificate of insurance provided to Grantee prior to commencement of the work. Grantee will prompUy pay when due all costs for materials, labor, and professional services performed pursuant to this easement and shall immediately cause any construction lien encumbering Grantor's property to be promptly removed. If Grantee fails to remove any such lien, Grantor may take whatever actions it deems necessary and appropriate to remove any such lien and shall be entitled to recover its costs and attorneys' fees in doing so. If either party brings suit to enforce the terms and conditions of this easement, the substantially-prevailing party will be entitled to recover all costs, expenses and attomeys' fees incurred in connection with that lawsuit. This temporary construction easement shall become effective upon execution by the Grantor and Grantee.and shall continue for two (2) years. . IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this..zt..dayof ~t ,20~. Page 2 of4 First American Title First American Title GRANTOR: 5B 16 Ribera Balco, LLC By: 4-1-/t1 .~ /201!5€-t%--r' fill. 1~5 [Print name] Its: -:---:-:G:-v-:-p _____ _ [TIDe/position) [Prinlname) lIs: SVP [Tide/position) Page 3 of4 First American Title First American Title Notary Seal must be within box LORRAiNE Xi. HEllUM NOTARY PUBLIC STATE OF WASHINGTON COM~lISSION EXPIRES JUL' 0 ?r'I,j p,.,,~-~ CORPORA TEll.Le FORM OF ACKNOWlEDGMENT STATE OF wt; ) S5 COUNTY OFtJ{r ) On this ;f;-r--day of Ml!lI~ . 20~. before me personally appeared RcGq:1-"'I. "J:rf-<'S and bvu,cct-· 6ypo........--to me known to be €liP and SVP ~ S8 16 Ribera Balco. LLC. that executed the within instrument. and acknowledged the said instrument to be the free and voluntary act and deed of said limited nabi'ity lil1!llIlW, for the uses and purposes therein mentioned. and each on oath stated that he/she was authorized to execute No ry Public in and for the State of --1<W:I:-__ _ Notary 1l..ll (Print) ~f'Io{,~,V\'l-.., My appointment expires: _=-J:....L+/..J'jl..,l..lll~3:2.... ___ _ APPROVED as to form only: Accepted by the City of Renton ~~ City Attomey Date: 'I-Inl Z.a I'L. i Page 4 of 4 First American Title First American Title EXHIBIT A TAX PARCEL NO. 6182100021 PRCWECT PARCEL 198 Parametrix LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NUMBER LUA.Q2-12&- SHPL (RIBERA -BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88'03'06' EAST, 183.21 FEET TO THE POINT OF BEGINNING; THENCE LEAVlNG SAID NORTH LINE, SOUTH 43'37'39' EAST 69.40 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 00"47'49' EAST, 14.29 FEET; THENCE LEAVlNG SAID EAST UNE NORTH 43"37'39' WEST, 49.00 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE NORTH 88'03'06' WEST 14.29 FEET TO THE POINT OF BEGINNING. CONTAINING 592 SQUARE FEET, MORE OR LESS. 1011 First American Title First American Title First American Title I I I I r---- I I J I I r-L---------, I I I !: ~~6t# J----J I I ~141-( ! ,~. I ,~I I I I~~ I I I;" I : I , I I L~ -___ '-----L --~-NE,4TH STREEr --~_ 888"03'06"E ~ P.O.C. N8II~ -~---- / P.O.B. 48.00' I ---__ _ I sea"03'06"E 183.21' I I LOT I, SHORT PlAT ~ R(C. 120090409900002 \ \ =1 a , I, I lfGEND ---___ NI.W 1II8'OIWn' C1lNS1RUCIION fASEIIENT - - - - - - _ _ PAACEL lJIE P.O.B.=f'1INI Of IIEllINNDIC --- ---EXlSllNIl ROW P.o.c..POINI Of OO1IMEHCIlIDII 592 SF. IDIf OR lfSS AR£.\ ----EXHIBITB 1·~80' TPN 5182100021 PROJECT PARCEL 19B TEMPORARY CONSTRUCnON EASEMENT First American Title 15. Exception_17 _20120530001619 CHICAGO TITLE INS, r.tJ1) REF' WIl,1,,'t.-f, After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 DOCUMENT TITLE: Temporary Construction Easement 111/11111111111 CHICAGO nTL/i5E~0001619 'ACE-e~1lI OF _ .7. ee eS/3e/ZIIZ 15·35 kING COUNTY. ~A EXCISE Tf\;( NOT REQUIRED ~~ REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): SB 16 Ribera Balco, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn of Lot 2, City of Renton SP #LUA-02-129-SHPL, #20090409900002 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): ExhiMsA ASSESSOR'S TAX PARCEL NO(S): 518210-0020-03 PROJECT NAME: NE 3rd14th Corridor Improvements PROJECT NO.: 19C TEMPRORARY CONSTRUCTION EASEMENT The Grantor, SB 16 Ribera Balco, LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, unto the City 01 Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the following described real estate, lor Right-of-Way purposes, situated in the County of King, State of Washington: First American Title SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATIACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of4 First American Title AND REFERRED TO HEREIN AS THE "EASEMENT AREA" For the purpose of constructing the planned project improvements associated w~h the NE 3m/4th Corridor Improvements: Phase 1, Project within the Easement Area. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the Easement Area, restore the surface of the construction site, and any private improvements thereon disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee except where modified by the project plans and specifications. Grantee shall indemnify, defend. a nd hold Grantor ha rmless f rom any and all liability, loss, damage, expense, actions and claims asserted or arising out of the acts or omissions of Grantee and its agents, employees, or contractors in t he exercise of the rights granted by this easement. The obligations of Grantee set forth in this paragraph do not extend to any liability, loss, damage, expense, actions or claims caused by or resulting from the negligence of Grantor or Grantor's agents or employees. Grantee shall require the contractor it hires to work on the NE 3m/4th Corridor Improvements within the Easement A rea to obtain commercial general liability insurance and to name Grantor as an additional insured, as evidenced by a certificate of insurance provided to Grantee prior to commencement of the work. Grantee will promplly pay when due all costs for materials, labor, and professional services performed pursuant to this easement and shall immediately cause any construction lien encumbering Grantor's property to be promptly removed. If Grantee fails to remove any such lien, Grantor may take whatever actions it deems necessary and appropriate to remove any such lien and shall be entitled to necover its costs and attorneys' fees in doing so. If either party brings suit to enforce the terms and conditions of this easement, the substantially-prevailing party will be ent illed to recover all costs, expenses and attorneys' fees incurred in connection with that lawsuit. This temporary construction easement shall become effective upon execution by the Grantor and Grantee.and shall continue for two (2) years. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this __ day of April , 20_12 __ . Page 2 of4 First American Title First American Title GRANTOR: 5B 16 Ribera Balco, LlC ::a:E~7 , patrick Patrick [Prinlname) Its; President [Tijle/posijion I First American Title BY:----Li&--.:..(J:...-,~_~_M_.~_,_""'"'_ Ibbertlttes [Print name) lIs: Exec. Vice President [Tillelposijion) Page3014 First American Title Notary Seal musl be within box ,.C ... A ... R .. M .... EN ... L""'··i.I"AlsBURv NOTARY PUBLIC STATE Ot I'IAStilNGTON COMMIS~lvt, EXPIRES OCTCtili:~ 3. 2015 STATE OF WASHING'lUN ) ss COUNTY OF KING ) On this I~ H day of April me personally appeared , 20..1L, before Patrick Patrick and RJbert Ittes to me known to be PreSl.<JeIlt ana Exec. Vl.ce BRIll President,of Seattle Bank, sole neti:>er of S6 16 Ribera Balco. LLC. that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said 'imned liabjlity !<!!!!!I!.!!!!l, for the uses and pu rposes therein mentioned, and each on oath stated that he/she was authorized to execute z:ent., Notary Public in a State of WASHING'ICN Notary (Print) ca!J!le!! L. Malsbury My appointment expires: _~1"'O!.1.I.>!.O"'3/'-'1"'5'--___ _ APPROVED as 10 form only: Accepted by the City of Renton ByhJ!'ft~ ~~ Printed Name: City Atlomey C')","'¥)Z"n>mF"=st.\ YE... .l§?.b\'1£' I CoB"",", llim;M'''''\.P-R\c,... Date: Page40f4 First American Title First American Title EXHIBIT A TAX PARCEL NO. 5182100020 PROJECT PARCEL 19C Parametrix LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 2, CITY OF RENTON SHORT PLAT NUMBER LUA-02-129-SHPL (RIBERA -BALKO SHORT PLAnAS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, SAID CORNER BEING COMMON TO THE SOUTHEAST CORNER OF WHITMAN CT. NE AS SHOWN ON SAID SHORT PLAT; THENCE .ALONG THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID WHITMAN COURT NE, NORTH 89'12'11" WEST, 42.00 FEET; THENCE CONTINUING ALONG SAID COMMON LINE NORTH 00'47'49" EAST, 9.29 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID LOT 2 NORTH 88'06'40" WEST, 18.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00'47'49" WEST, 329.63 FEET; THENCE SOUTH 89'12'11" EAST, 60.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION AND SAID EAST LINE, NORTH 00'47'49" EAST, 320.00 FEET TO THE POINT OF BEGINNING. CONTAINING 19,370 SQUARE FEET, MORE OR LESS. 1011 First American Title First American Title N 8!f06'4{)" W ----_ __ 18.00' Par.met, •• ~ 1" .. sO' First American Title "-, '-P.O.B. N 00"47'49" [ --I"L-,---l~ 9.29' 60 ------ S 89'ltll" E 60.00' -------- LEGEND ------TEMPORARY OONSTIWCOON EASElI£HT --------PARCULNE IJOSTlHG ROW 19,370 S.F. WORE (II! = ARE.< EXHIBITB TPN 5182100020 PROJECT PARCEL 19C TEMPORARY CONSTRUCTION EASEMENT First American Title 16. Exception_18_20120530001620 CHICAGO TJTI.£ INS. coCV REF' J,J}J J12lu -& City Clerk City or Renton 1055 S. Gmdy Way Renton. W A 98057 GRANTORS: GRANTEES: EXCISE TAX NOT REQUlnI:O By~:pAy SHARED ACCESS AND MAINTENANCE EASEMENT SB 16 Ribera Baleo. LLC." W""hington limited liability company United SUItes Posla! Service ABBREVIATED LEGAL DESCRIPTION: Ptn of' Lot 2. City or Renton SP #LUA.m- 1 29-S HPL .. #200')0409900002 SEE FULL LEGAL DESCRIPTION IN EXHIBIT A ASSESSOR'S TAX PARCEL NO.: 518210-0020-03 J First American Title First American Title SHARED ACCK'iS AND MAINTENANCE t:ASEMENT This Srum::d Al:t:c...;s and M~lintcnancc Eascmenl (the "EasemcnC) is enteret.l Ihi~ ~ day of h""-"1 . 2012, by and between. SB 16 Ribera Balen. LLC. a Washington limited Itabilil), comp'lflY ("Ribera Bako"), and Ihe United StOICS PosUlI Service ("Postal Servicc"). RECITAI.S: A. Ribe", Balen is Ihe owner of Ihe rcal propeny localed in the CilY of Renton. King County Washington describe,1 as King County Tax Parcel No. 518210. 0020·03 ("Ribem Baleo Property"). B. The Poslal Service is Ihe Owner of the real property 10''',led in the Cily of Renton. King Counly. W.,shingtnn describct.l as King Counly Tax Parcel No. 518210- 0031-00 CPoslal Service Pl'Opcrty"), C. As part of Ihc Cily of Renton's conslruclion of Ihc NE 3rd/41h Corridor Improvement Project. Ihc City of Renton agreed, among other things. 10 construct 01 shared acccss l'Oad serving Ribe", B"lco's and lbe Postal Servicc's Propcn)" Rihera Baleo and the Postal Service .agreed 10 enter into this Shared Access and Maintenance Euscmenl gmnling ncccss,ary casement inlerests and establishing maintenance obligatioD!i of tbe parties. NOW, THEREFORE. for ",ulual benelils, the parlies 'I£rce 'L' follnws: I: Recila), and Exhibits Incorporaled, Each recitnl scI forth above and each Exhihit attached herelo is illl.:urpmalcd into Ihis Eascmcn' as Ihough fully SCI forth herein. 2. Grant of Easement. Ribera Baleo docs hcrehy grant it perpcruul. non- c,c1usive easemenl Ihrough and o\'cr Ribem Balco's Property. in lbe EascRlCnI Area more panicularly described in Exhihil A and furtber depicled in Exhihil R, for the benefil of Ihe Poslal Services Propeny. The purpose of Ihe Easernelll is 10 provide for vehicular and pedestrian ingrc." 10 and egress from Ihe Poslal Services Propeny over Ihe Ribel1l Balco Prope,1y al all times; provided. however, Ihat such ingress and egress shall nul unreasonahly inlerfere wilh Ihe use of Ihe Easement Area by Rihera Baleo for ingress to and egress from its Property. 3. Ro.:ldway ConSIOiclion Maintenance All inilial conslruction of the sh;)rcd access road shall be al Ihe .'pense (If Ihe Cily of Renlon hUI ncilher the Poslal Service nor Ribera Baleo shall h!lveany obligmion Iherefor, Following slIch conslroclion. either Ribcm Bulen or Ihe Postal Services may undertake: rca'\onably necessary maintenance. First American Title First American Title rcp..'lir amV()r rcpl.:ll""t'lUcnt of the shared access mad uron not less than 30 days prior wrinen notice to the other pany of the anticipated scope. schedule and budget for such work. The responsibility for and cost of such work shall be burne equally by RiberJ Balm and the Postal Service. The party pcrronning such work shall be reimbursed by the other party ror its share or the cost within 30 days afler receipt of an invuice thererore wilh rcasonahlc docunlentation of such (.'osts. Prodded. /WlI'eL'f!r. that if ,my mllintcmmce. repair i.tn(Uor rcplac!!l'nent is necessitulcd by the negligent or willful act of either pany. the responsihilit)' of slIch repair andlor replacement shall be borne by such party. 4. Roadway Moditications. Neither pal1y to this casement shall make l11uditic,lIi()llS 10 the f.:in:uhuion pattern or geometry of the shared aCCeS!ii road without lirsl receiving written permission 10 do so hy the other party mu.lthc: Cily. 5. Reversion. AI any limc. if Ihe PO~1a1 Service's Property i!\ no longer occupied by the Poslal Service. whelher by sale. vae'llion of (he premises or other means, the righls "r Postal Service in the Ea.«menl Area shall terminate, and the Ea."'tnent Area shall be rully surrendered hy the Postal Se,,·iec. In the event, Ihe Postal Service will not unreasonably execule a Vacation of Easement in recordable format. However. if the Postal Service refuses or fails 10 e1(ccutc n. Vacation of EU:\el11enf in Ihose circumstances. the t:asemenl shall nonelheless lerminate and Ihe Easement Area shall rcvcn [0 Ribem B'lleo frec and clear of Ihis casement. 6. Bioding Efreet. The covenants and agreements SCt fonh in this Ea..,ment sholll be coVCnttnls moning wilh the land. Such covenants shall be binding upon, and. except as otherwise set forth in Section 5 above, inure ror the benefit of the panics hereto ilnd their rcspcclivc successors and aS5igns. The Easement granted hereby shall have priorily over ,uny and alt subsequently recorded liens. encumbranc;cs or olher inleresls in the encumbered propeny. and shall survive transl"cr of the fcc ownc",hip of. or any le" .. hold c.""tc in. the encumbered property. 7. Recording. This Easclltent shall he recorded in the real property records of King County. Washington. R. Nnticcs. Any and all notices or other communications required to per- mitted by this Easement or by law to be delivered to, served on or given to either pany to this Ea<Clltcnt by the other P,"1y to this Ea",ment. sh,,11 be in writing and shall be deemed properly delivered, given or served when person"lIy delivered to such pany, or in lieu of p.!l'Sonal services. when n1i.lilcd by Uniled States mail. express, ccnilied or regislercd, postage prepaid. or when delivered by a nationally recognized overnight delivery service. charges prepaid, addresses as follows: First American Title First American Title TO: S B 16 Ribe", Baicn. LLC clo Seuule Bank 600 University Sireel, Suile 1850 Scaulc, WA 98101-1129 TO: Uniled Stales Postal Service Western Facilities Ser.-icc Office 7500 EaSi 53'" Place, #1108 Den ver, CO 80266-Y918 All nmices delivered personally or by delivery service shall be deemed received upon delivery to recipient. or if placed in the United Stales mail, on the dale of .he rclUrn recl!ipl or, if delivery of such United Stales mail is refused or C.lnn01 be accomphshcd~ 48 hours afler deposil in Ihe Uniled Slales mail. Eilher pany may change ils address for Ihe purpose of Ihis Sec lion by giving lell (10) days "dvance wrillen nOlice of such change 10 the other puny in the manner provided in this Section. 9. Anlcndmem Thi.~ Easement may nol be modified, amended Of lerminutcd Wilhoul the prior wriuen approval of Ihe owners of both parlies. 10. Delinilions. A, used herein. Ihe lerm "Ribera Balco" shall refer 10 SB 16 Ribera Baleo. LLC. and iLo.;. successors Hnd assigns; and the term "Postal Service" shall refer 10 Ihe Uniled Slales POSial Service; and the lerm -'The Cily" shall refer to Ihe Cily of Renton. IN WITNESS WHEREOF, Ihis Ea>emenl is execulcU by Ihe panies. intended to be legally bound, as of Ihe dale forst wriuen above. First American Title First American Title SB 16 Ribera Balco. LLC United States Postal Service By: ~~SOl~ By: By: . ,jrk., ~ Printed Name: R:lbert Ittes Printed Name: Its: Exec. vice President Its: By: ~ECI.L,L Printed Name: Patrjck ~at;tjck Its: !7!il§ident Notary Seal must be within box STATE OF Wl\S!IING'IOI ) ss COUNTY OF KJNG ) On this ,.(.2. !!!>-day of Apr;] , 20...l2... before me personally appeared Ft:lbert Ittes and Patrick Patr~ tome known to be Exec. Vice Pr!il§ident and :Eresiceut of Seattle Bank, sole rneti>er of SB 16 Ribera Balco. LLC. that executed the within instrument, and acknowledged CARMEN L MALSBUrlY the said instrument to be the free and voluntary act and deed NOTARY PUBLIC of said limited liability company, for the uses and purposes STATE Ot WASHINGTON COMMISSION EXl'tRES therein mentioned, and each on oath stated that he/she was OC1OGtR 3. 2015 4~d to execute said instrument. : /?:'2:::% ...- Notary Public in and fdi'the StatQ::Qf lfasbi IIQ lIB I Notary (Print) carmen II Malsbllt:¥ My appointment expires: lot03ZIS First American Title First American Title Uniled Slales~~ By. __ ~ Prinled Name: ~ £cry--~ , lis: -"='?~7'::~~:;r:-- By:_~~~~~~~ ___ tiS: ~ \-<-..... c:. \.:. V'O,. ~ , lis: ----lP"=""''-------- NOlary Seal must be within box STATE OF \'Il\SHlNG'IGI ) ss COUNTYOF~KrnG~~ __ __ On Ihis ,o.!!:<>-day of --'''!'f''-'----, 20J.<.... before me personally appeared ~~~~~I~tbe~s~~~ _________________ and, Patrick Patri 10 me known to be EXec. ce i and Pres; dent of seattle Bank Ie of SB 16 Ribera Balco, ~~~..,....~~~~ LLC. that ecuted lhe wilhin instrument, and acknowledged CARMEN L MAlSBIl!IY Ihe said' strumenl to be Ihe free and voluntary acl and deed NOTARY PUBLIC STAte O~ WASHINGTON of sai imited liabililY company, for lhe uses and purposes COMMISSION EXPIRES Ih in mentioned, and each on oalh sialed Ihal helshe was OCTOiii:R 3. 2015 lhomed 10 execule said inslrument. washington 10/03/15 First American Title First American Title Notarv Seal mus. be witnin box First American Title STATE OJ»s-r. 'I tU-t.<1 ~ COUNTY OF ) On this ~ day of ~ ,20..li!::, before me personally appeared (~ ,4(. ..;rw;,f)) and ~ m me known to be and QaoH 2TA'75' ~.rt= of The 'United States Postal S iCe:lha;;;xecuted the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes therein mentioned, and each on oath stated that he/she was authoriz to execute said instru t.. P. Notary Public in and for the State of • e.. (Print) J2Y'''''''E'L A-. '11-Notary (? .10-~ My appointment e~ires: ~ ..... loft. ;:,,016 First American Title EXHIBIT A TAX PARCEL NO. 5182100020 PROJECT PARCEL NO. 19C LEGAL DESCRIPnON FOR ACCESS EASEMENT Parametrix COMMENCING AT THE MOST NORTHEASTERLY CORNER OF LOT 2, CITY OF RENTON SHORT PLAT NUMBER LUA-02-129-SHPL (RIBERA -BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, SAID CORNER BEING COMMON TO THE SOUTHEAST CORNER OF WHITMAN COURT NE AS SHOWN ON'SAID SHORT PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID WHITMAN COURT NE, NORTH 89°12'11" WEST, 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 89"12'11' WEST, 25.00 FEET; THENCE LEAVING SAID LINE SOUTH 00047'49" WEST, 220.00 FEET; THENCE SOUTH 89°12'11" EAST, 37.00 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE NORTH 00°47'49' EAST, 38.07 FEET; THENCE LEAVING SAID EAST LINE NORTH 23"13'00" WEST, 29.49 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00047'49" EAST, 37.70 FEET; THENCE NORTH 64'13'51" EAST, 13.42 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE NORTH 00047'49' EAST, 20.00 FEET; THENCE LEAVING SAID EAST LINE NORTH 62'37'31" WEST, 13.42 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00°47'49" EAST, 37.55 FEET; THENCE NORTH 64'13'52' EAST, 13.42 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE NORTH 00047'49" EAST, 20.00 FEET; THENCE LEAVING SAID EAST LINE NORTH 62'38'15" WEST, 13.42 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00'47'49" EAST, 15.75 FEET TO THE NORTH LINE OF SAID LOT 2 AND THE POINT OF BEGINNING. CONTAINING 6,743 SQUARE FEET, MORE OR LESS. 10fl First American Title First American Title First American Title I I I \ \ \ \ '\ 42' w :z ti I SE CORNER OF LOT 1 P.O.B. \---_._--NE CORNER or LOT 2 I ',- \ \ \ \ \ ') #: :~~,. I ~~.~ I I ( \ \ 581"12"11-[ \ 37.00' \ \ \ LEGEND ------ACCESS E.\SE1oENT --------PARCfLL1NE -----------U~GmM EXHIBIT B TPN 5182100020 PROJECT PARCEL 19C ACCESS EASEMENT First American Title 17. Legal Description_01_20090409900002 RIBERA-BALKO SHORT PLAT A PORTION" OF THE NW 1/4 OF THE N1f 1/4 OF SECTION 15, TOWNSHIP 23 N, RANGE 5 E. W.M CITY OF RENTON, KING COUNTY, WASHINGTON LUA-02-1Z9-SHPL l..!ID-:W-0031 ". ;1.,,-".~ ,;fi;;::;'q~: ::st':".""",.~,.'", ... ,.';''1'~ .. '' DECLARATION. QF' COVEN.ANT:f '''''-'''''''''~.-..c>"'~';~''-"''''''''''''''; l,;·;.;., .... "",~ ~~~;S~~:~~'l~~~~~~~~ . NAT[VEb~OWTH PRotECTlotf~AS~~E~; ~~I@~~~l~~:~E =:;;~iE!~:::;r~~~,!:3 ~;-' . O_AKJOCC<FI .... ""' .... ..-..-Alti""""""'''''-,'''' ....... '''''"" ...... ,<'''' .. ", ....... ",., '0 c .... '-r>r..-, ... ''''''''-c:.''_ .... '",''''.,,", • ..., . __ ." .... "'"""''''.,., ........... "..,, ... '01 _O'<VI'9'I'~~"".IU<I'I'U ... ""'.." """"" '' ... _,''''' .. ,,IT ....... , .. '''',,.,. ',",Oln "''''''''''' . ., .,.." <11'''_ .... '''''''''''''' ...... , _, '" "" ..... ~ ........ ".'YE""' ..... """ ..... , ... _ ....... ~., ....... '"' ... ~.,..,..........," Covenants: First American Title ACKNOWLEDGMENT. .0?i~.~~:.:~~~~ .. ' .... t.~ __ 1 • ,,:t."' ....... ,. """'''' """"""''''' ........ , .. ",. ~~.!::,~~ ~,:"",;'~:;:..r..,ufLl"" ~T~,~ ~ -n ""~TO_'~ ,,,,,"", -~~" m"~T~~···y ',.~, ·'::·,~~~~~~1~~~j~~~ ~~ ~:i-~,{';l'''~ ;:;~:.:':.";.;:::,;:'_~,,:'~_.", __ ._. .. ~ ~ ~.r'~"'~'~~"';"'=~";:;"~=;'""'" ""'. . :. '., Aquifer Proleclion Nolice: i J1.~XI PRIVATE EASEMEllTFOR DRA.INAGE' POND ANn ACCE~' "AGREEMENT. .' . . .... '0""""""""'''',,.'''''' ,,,."",..., ,..-....-T"'._"'" ...,""""' ....... _"""""'-"" ""~ .. ....,""""''' .. ,>(:<".", '"""''''''''''''''''--'''''"",>1"-_.'_' ___ '''''''' ...,,,TY .... ,,,,,,,,,,..-oo,,,,,,,,,,,, .. ,,,. ..... ,,,,...,., ...... ,,. """""....,.., ... <"' ......... '..,.".,,"" ... ' ..... _, .... ' ... . "" .. , .. , ..... ...,'""'"' ...... I<:E •• ""' ... ~,...... ...... ""'..., ..... -..I"""'_" ... ""~,...,,-.ot""" ...... ""TO...,"" '-CCWl-,<",tH'''''_''''"'OCE n",,,, __ ,,,, "'""'"',.'u",."""''''''"'"" ...... "." ..... ! .. First American Title First American Title RIBERA-BALKO SHORT PLAT A PORTION OF THE NT!' 1/4 OF THE NW 1/4 OF SECTrON 15, TOWNSHIP 23 N., RANGE 5 E., if M CITY OF HENTON. KING COUNTY. WASHINGTON .r=='I~ ~2~i;~{&S UID-20-0:331 First American Title 18. Legal Description_02_20120419001607 CHICAGO TITlf INS. oo:D REFI 13 J2 "'IiJ. -(" After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 DOCUMENT TITLE: Special Warranty Deed E2539364 e41l9/ZIDIZ U5 :33 KING CQUIITY, UA TAX $le.ee SALE $I." REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: NlA GRANTOR(S): 1. SB 16 Ribera Balco, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: PIn of Lot 1, City of Renton SP #LUA-02.129-SHPL, #20090409900002 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): ExhibHs A and B ASSESSOR'S TAX PARCEL NOIS): 518210-0021·02 PROJECT NAME: NE 3rd14th Corridor Improvements PROJECT NO.: 19B SPECIAL WARRANTY DEED (Not Statutory) PAGE-eel OF 001 THE GRANTOR(S), SB 16 Ribera Balco. LLC. a Washington limited liability company. for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration. in hand paid. bargains. salls, and conveys to the City of Renton. a Washington municipal corporation, the following described estate. situated In the County of King. State of Washington, to the same extent and purposas as if the rights granted had been acquired under the taws of eminent domain of the State of Washington: First American Title First American Title SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE The Grantor hereby requests the Assessor-Treasurer of said County to set-<lver to the remainder the lien of all unpaid taxes, if any, affecting the real property hereby conveyed, as provided by RCW 84.60.070. DATED this __ 2=-'--=---__ day of ~ GRANTOR: SB 16 Ribera Baleo, LLC BY:A~.~ [Print name) Its: 6vJO [Title:;'~po::Sl~'tl:::'o::;n);-------- First American Title [Print name) its: 5Vp [TKlelposilion) ,20.ll::.... First American Title Notary Seal must be A within box STATE OF VVr-r ) ss COUNTY OF I4I11lr: ) On this ~ day of Wloo01. 20l1::; before me personally appeared ---.!.~=bl4'~t-~ML:",,::r:..:;Ae~S~ _____ and :::-:-: ____ --!<12~f\I\<..L~'_li.,;t2J;.~·,.!jlMnJY'~~-----to =m=e~k~no~wn~t_O~be~~~~t?V~P~~ __ ~~~~~ ___ a~: SB 16 Ribera Balco. LLC. that executed the within instrument. and acknowledged the said instrument to be the LOAel-I \ ~ \1 YoLLGM ee and voluntary act and deed of said limited liability NOT A RY ? U all C . for the uses and purposes there.n mentioned. and STIITE OF IVASKINGTON a~h 0 oath stated that he/she was authorized to execute COMMISSION EXPIRES • In ~~ent. II n 0 JUl" 9 2~13 V~ o Public In and for the State of -'W=""-____ _ ~;~~ i-6l'YttVV'L v'vL ~LuV'-- My appointment expires: :J 1"'1)1'"'2 APPROVED as to form only: Accepted by the City of Renton ~~k lawrence J. Warren I City Attorney First American Title First American Title EXHIBIT A TAX PARCEL NO. 5182100021 PROJECT PARCEL 19B LEGAL DESCRIPTION FOR RIGHT-OF-WAY Parametrix ALL THAT PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NUMBER LUA-02- 129-SHPL (RIBERA-BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002. RECORDS OF KING COUNTY. WASHINGTON. LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE THEREOF SOUTH SS'03'06' EAST, 197.49 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION; THENCE LEAVING SAID NORTH LINE, SOUTH 43'37'39" EAST 49.00 FEET TO THE EAST LINE OF SAID LOT 1 AND THE TERMINUS OF THIS LINE DESCRIPTION. CONTAINING 337 SQUARE FEET, MORE OR LESS. 1011 First American Title First American Title First American Title I I I I r---- J : ~~1*/: I r-L---------, I I I I I ~., I I '!".iJ " h I~l""'" I I ~~~., I ~ I I .-,J..o-I I I~' I ,~I I I I~~~I I I I ~ I I : I I I I I I I L,-----___ 1 __ -L ____ J /P.o.c. ;sar03'08'E- I I I 11174' P.O.B. 02'1 , LOT 1, SHORT PlAT N43~ \ REC. 120090409900002 wi ~I : ! I , Ii; L£GEND ______ NrW _-OFIlAY ACWISI1IOH --------PAROO. 1M P .oB.-POIII OF IIIDNNINl ------ElII$IIIIl RIJIj p.o.c._ OF CCYIIDICfIIEIIT JJ7 5.F. lIOII( OR LISS /IIfA EXHIBITB TPN 5182100021 PROJECTPARCEL19B ROW ACQUISITION First American Title 19. Legal Description_03_20090818900001 LOT LINE ADJUSTMENT FlLE NO. LUA-07-0BO-LLA /! LAND RECORD NO. LND-SO-Oa3! ...• ' ........ .. ~f~~~'E-:fl!1i~~£/ ~ ~'i!,!..",,!~:::: -...:~ ...... ~_"",.u.; , ;::.;-:.:'~ =;. ::;:,,~.,::::':.-'1:,:'r'~-"/ .,,: " . :::~i...""~.:,:".~"'"'~~ __ .1. :\ . :~~~·~~;tl!t~~ .. i~~·· ~~=::,.~1 LAND SURVEYOR's CERTIFICATE: "" ............. ",-"._,-., .. ".-.. ....... -~ ... -..... , .. " .. "-.. .. " ........ "" ... "" .. , .... -''' ......... -..... -~-..... First American Title First American Title .,,"~-------------------------------------------------------------------------~ First American Title LOT LINE ADJUSTMENT FILE NO. LUA-07-080-LLA // LAND REGORll NO J.ND--30-033~ A. PORT]{)~ 01" THE NW 1/4 OF' THE NW 1/4 OF SECTION 15, TOWKSHIP 2:> ~ RANGE.'i E 'Ii M CITY OF RENTON, KING COn~TY. WASHINGTON ~-~' SCALE: 1" = 60' LINE TABl.E:- C~ ... , Li 1- ~ 4 ~ \,-;' i :165/:'1: ~; ~ First American Title 20, Invoice -42201516 , .. ", I "~ 4-First American To: RE: PR: NWFST Lozier Group \300 114th AVE SE STE 100 Bellevue. W A 98004 Attention: Paul Your Rcfl!TCnCe No.: Property: Vacant Land, Renton, WA First American Tide Insurance Company 8/8 Stewart SI, Ste 800 Seattle, WA 9810] Phone: (206)615-3206/ Fax: (425)551-4107 Final Invoice Invoice No.: Oate: Our File No.: Title Officer: Escrow Officer: Customer ID: Liability Amounts Owners: Lenders: Buyers: SB 16 RIBERA BALCO LLC, Sellers: LOZIER AT WHITMAN COURT, LLC Description of Charge Guarantee: Subdivision/Plat Certificate Sales Tax Ofe: 4220 (10465) 10465 -42201516 02/10/2014 4220-2208993 KristiMathis WABEL00007 INVOICE TOTAL Comments: Printed On: 211012014, 7:12 PM First American Title Thank you for your businC1ils! To aSSlife proper credit. please send a copy of this Invoice and Payment to: Attention: Accounts Receivable Department 818 Stewart St, Ste 800 Seattle, WA 98101 Requester: ADEe $219.00 Page: I RECEIPT EG00027111 BILLING CONTACT Paul Ebensteiner Lozier at Whitman Court LLC 1300 114THAVESE, 100 BELLEVUE, WA 98004 REFERENCE NUMBER FEE NAME -, I LUA14-001044 I PLAN -Final PUD Fee I Technology Fee Printed On: 8/5/2014 Prepared By: Rocale Timmons TRANSACTION TYPE I Fee Payment I Fee Payment Transaction Date: August 04, 2014 PAYMENT METHOD AMOUNT PAID ", '"'~-"''''' > ,--" !Check #46 $1,000.00 Fheck#46 $30.00 SUBTOTAL $1,030,00 TOTAL $1,030.00 Page 1 011 ~ . " ~t .... 0 OD , 0 00- ii:L /0 " u :2 >.. cern .:::-" .2,3 ~-,-" cece / "' ;?- o o / '" '" ;-. /" iii.: 0", I~ .,0 "'~ w /co 0,0 " N :-'ri-"'~ E'--- " N :-.. /1: ., :::::: A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTiON 15, TWP. 23 N., RGE. 5 E, W.M., KING COUNTY, WA. o ~,,~,o',~,~.'. '"~,.<,,, ~ TWP. 23N., RNG. 5E., W.M. , .... ----;.---,;, .... ' ......... _____ • -'-:r'.:.:.;-:":-"':" -·-· .... · •• ;;;, •. ,ii;">io·.::.,.;;. .. ·.··;...,···""."._· ... ···~:_= .. •.·.· .::;~;;:-~;::-:. i. ,i :;; .. i 1 1 ! I " 'I ... I I I I . , \/ EXISTING PROPERTY A I I LINE (TYP.) '. \ \ \ \ , \'" "\ ~ , ('" , , ....•...... ' ...........•... ' ' .,/ /' /'/ .~./ . . , ,,' " , c .' / \" ! 40 PHASE 1 n: I i '1 20 \ 19 --,---, \l--_-1-8~ \,-__ 1_7_ 2 \.-l-_~15_---1 \~ ____ 1_4---1~~26~,~--_3~ 13 4 12 t-------Ll·' , , , . . , " ,- I I' 1 : I", \ i 1 ( 1 1 TRACT H , i 1 8 5 '(, TRACT A .......... . ROW , _ SE 128TH STJ.KING COUNTY) NE 4TH ST (RENTON) (PRINCIPAL ARTERIAL) I, f LOT LINE (TYP.) EXISTING DRIVEWAY EXISTING DRIVEWAY .... ' .• e.' ... ' .. , •....... STORM DRAINAGE '. \' .' , i,,~ 'I.' " .. ~ .. ' .... ' .................•..... ' ...... ' / " '::i ".' :>' ". "., 14,386 SF " \ / ,." , ,.. i ./ , , , , PHASE LINE .. , .... -., PHASE 2 n NORTH QUARTER CORNER / SEC.15, TWP. 23N., RNG. 5E., W.M. FOUND 3" BRASS DISC WITH PUNCH AT SURFACE 03/24/98 -----'\r-~ 15 -, "" ' SCALE: 1" . 40' ~I :I~~ 40 20 0 40 80 SHEET NO. . I DESC~IPTION OVERALLlpLAT PLAN VICINITY MAP NOT TO SCALE ESM ASSUMES NO LIABILITY WITH REGARD TO THE BOUNDARY SURVEY PROVIDED BY CENTRE POINTE, AND SHOWN ON THIS SHEET. PUD-01 PUD-02 PUD-03 FINAL PLANNED URBAN DEVELOPMENT PLAN BUILDING; SETBACK PLAN LEGAL DESCRIPTION PARCEL I: LOT 1 OF RIBERA-BALKO SHORTI PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9, 2009, AS RECORDING NO.2009040990ob02, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE: CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.20120419001607. I I PARCEL II: LOT 2 OF RIBERA-BALKO SHORTi PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9, 2009, AS RECORDING NO.20090409900P02, RECORDS OF KING COUNTY, WASHINGTON; PARCEL III: I TRACT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO.LUA-07-080-LLA RECORDED AUGUST 18, 2009 AS RECORDING NO.20090818900001, RECORDS OF KING COUNTY, WASHINGTON. SITE DATA PLAT NAME: WHITMAN COURT P:UD CITY FILE NUMBER: LUA 14-00Q295 SITE ADDRESS: 4225 NE 4TH ST & 351 WHITMAN CT NE PARCEL NUMBERS: 518210-00,20, -0021, -0022 I SITE AREA: 223,073 SF (5.12 AC) PHASE 1: 175,831 S.F. (4.04 AC) PHASE 2: 47,242 S.F. (1.08 AC) ZONING: CA (COMMERCIAL ARTERIAL) .. CO·_ .. _. " __ . . . ___ ._. co L; .... · .. " .. "!',!, ",,'J .. '" ""·i:O/-;:···\"·,h",i,EXISTING USE"VACANf LAND-! -.-. ! t EXISTING STRUCTURES: NO STRUCTURES ON SITE . , PROPOSED USE: 39 TOWN HOMES & BANK I PROPERTY OWNERS LOZIER AT WHITMAN COURT, LLC 1300 114TH AVE SE, SUITE 109 BELLEVUE, WA 98004 (425) 635-3938 CONTACT: PAUL EBENSTEINER WASHINGTON FEDERAL 425 PIKE ST SEATILE WA 98101 DEVELOPER LOZIER AT WHITMAN COURT, 1300 114TH AVE SE, SUITE BELLEVUE, WA 98004 (425) 635-3938 CONTACT: PAUL EBENSTEINER SURVEYOR CENTRE POINTE i I ! LLq 10G I 1819 CENTRAL AVE S, UNIT 381 KENT, WA 98032 ! (253) 813-1901 CONTACT: NORMAN E LARSON, f.L.S. I GEOTEOH ENGINEER ASSOCIATED EARTH SCIENCES, INC. 911 5TH AVENUE KIRKLAND, WA 98033 (425) 827-7701 CONTACT: BRUCE BLYTON, P.E. PLANNER/ENGINEER ESM CONSULTING ENGINEERS, LLC 33400 8TH AVE SOUTH, #205 FEDERAL WAY, WA 98003 (253) 838-6113 CONTACT: ERIC LABRIE, AICP RECEIVED FEB 1 3 ?01~ CITY OF RENTON PLANNING DIVISION n • 0 ~~~ ____________________________________________________________________________________________________________________________________________________________________________________________________________ ~ ____________________________________________________ --J N .... l. REVISIONS NO. DESCRIPTION/DATE BY 1 ST SUBMITTAL 1 07/30/2014 ESM 2 2ND SUBMITIAL 02/13/2015 ESM ............. <l!J~~r.~ ~~"'~~,"\i . ".~ "'t'-'? I '1-~ ...,: -~ . : . : . . . . -ii .. 1) 40111 1 .. ~ • ~ ~ '1<) ~~~ I STE.'i;'"i:# tONAL) ~ -"1 -~o jt ~O ~ ~m ~m , I " ro~ 0 ~m roN • -~ ~~ !i' * ",0 ~.!, .~ .."3: (J) c a: ~ c • -o 0. ~ -0 W ~~ ce 0 * " W ."." ~~ C C Z -.3.3 - (!) - Z to 0 W N", -",0 I C :t:'O I • (!) "ro E Z U)m ! ",. -0: c '" ._ 0 U)~ >'c f0-E • a --' ~ . ~;:; o:~ " ::J 0 m-0 £~ 0 "O.~ (J) ro--c 0 oi!! 1~ o c Z _HL 0'" 0 ... " 0 () ".,'" E -",u. (JJ V '" ~ c 'e ~ . " .-" I~ c c ._ 0 I g'3: ! w .~ ! :=.J) .?: :J I 00- Z ~ c.!l Z I ~ () ...J I ...J CD ~ I I-J) Z II: a. « :J uL ...J 0 H-e.. () d: r-z ::J « « 0 ...J ~ e.. () I-...J --Z I ...J $ ~ « 2 a: I-H-w « -> I II: :E 0 w S --N 0 z 0 ...J I- Z UJ 0:: I.J... 0 ~ () JOB NO.: 1799-001-013 DWG. NAME: PUD-OI DESIGNED BY; LGB DRAWN BY; CJR CHECKED BY: DATE: 02/13/2015 DATE OF PRINT: I PUd-01 I I , 1 OF :3 SHEETS I C' . ' ,i :' , , 1"1 i':1 I I' , 'J I i 'I ,I ,I '! , , I' I I I H ~1 , " " 'I i I' I .' 0' . " ~t " " 0.0 6~ ~1: /" 2'-' 2 >, ~rn -;:;~ .22 ~-, 0 ~CL / "' ~ o o / '" '" ,... /" g:" 0,.., I ~ ,,0 <n-w -('~ 0'0 c" ~;.;- ro-E, "" " / .. A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTiON 15, 9~ A ljY--SE 128TH ST (KING COUNTY) S 43'37'42" E 49.00' NORTHWEST ,ORNER SEC 15, CONCRETE, iNCASED 03/24/98 FOUND BRAgS PIN IN TWP. 23N., RNG. 5E., W.M. NE 4TH ST (RENTON) ."" c .•.••... ">.,.'co::.,.,,.... . ..... ,,, .•. ~~INCIPAL ARTERIAL) ,! ; ~, EXISTING PROPERTY/ N; LINE (TYP.) wi: , '" ;c L{); b o· ·Z; /// I:' /' •. " , , ,.--' .' 40 TEMPORARY CONSTRUCTION EASEMENT RECORDING NO. 201204109001608 LOT 40 COMMERCIAL SITE REFUSE PREA . 64 S.F. TOTAL EXISTING IMPERVIOUS BUILDING AREA BUILDING COVERAGE TOTAL PAVED AREA TOTAL LANDSCAPED AREA ,.,; ..... U,b\~LI:,tiJl./f-1,--+-_ .. +----'·,JOINT ACCESS EASEMENT RE~ORDING NO. 20040309002194 ·m ...... ·· EXISTING o SI' 2,657 5F 8.21% 20.025 SF 9.452 \'iF 23 N., RGE. 5 E, W.M., KING COUNTY, WA NORTH QUARTER CORNER / SEC.15. TWP. 23N., RNG. 5E., W.M. FOUND 3" BRASS DISC WITH PUNCH AT SURFACE 03/24/98 -----~ 15 SCALE: 1;' = 40' LOT AREA TABLE ~ I I 40 20 0 40 i BO LOT # AREA (S.F.) BLDG (S.F.) COVERAGE 1 950 573 2 998 573 3 1.045 573 4 1.092 573 5 1.296 586 6 904 586 SITE DATA 7 838 586 8 833 586 PLAT NAME: WHITMAN COURT PUD 9 827 586 10 1.062 586 CITY FILE NUMBER: LUA 14-000295 n n VICINITY MAP NOT TO SCALE 11 1,436 573 12 1.028 573 60.32% 57.47% 54.83% 52.47% 45.22% 64.82% 69.93% 70.35% 70.86% 55.18% 39.90% 55.74% 54.52% 36.24% 34.73% 54.42% 55.15% 54.42% 55.58% 43.51 % 8.27% SITE ADDRESS: 4225 N~ 4TH ST & 35i WHITMAN CT NE 13 1.051 573 14 1.581 573 15 1.651 573 16 1.052 573 17 1.039 573 18 1,053 573 19 1.031 573 20 1.317 573 40 32.144 2.657 TOTAL LOT AREA: 54.228 S.F. = 1.24 AC. PARCEL NUMBERS: 511j210-0020. -0021. --0022 SITE AREA: 223.073 SF (5.12 AC) ZONING: CA (COMMERCIAL ARTERIAL) EXISTING USE: VACANT LAND PHASE 1: PHASE 2: EXISTING STRUCTURES: NO STRUCTURES' ON SITE PROPOSED USE: 39 TOWNHOMES & BA~K 175.831 S.F. (4.04 AC) 47.242 S.F. (1.08 AC) ESM ASSUMES NO LIABILITY WITH REGARD TO THE BOUNDARY SURVEY PROVIDED BY CENTRE POINTE, AND SHOWN ON THIS SHEET. .. ~' .....•.................•.•....•... I DRIVEWAY '. ,>~;ili}j;~~~i}~~J;;.,.~~i~i;~i§~1#~t,;i~~j;~~f~(~~~~i'~ii~,bi~i,:J,;1fj~_'~ ''''Cicii· •. ·; .· .• Yi,;',;;;r-:::-;-:, .-:-•. 7',;. :--:-':}\Ar::;R;-;::;E::JiA~T:;:-A;;BOilG' ;. 1:::;-' ~::;;::-:;-;;:;;::;;;;;:] ;.;(;.,,;";';;D. E·\( E·L:,() HM Ii N :T;i:.S.:r: ~~D~ R[yS·itC;A.)i\~k;!;&,,~"~,5;£;;\%;",;.,iM":~~k),~i;!,~y;jitiJ;.";:·;~,",z:.~"0;''';;;';~~;;·;c; N 88'56'26" W 35.89' ~ . / .•• ~ " __ '/ c' , , , /. 2' WIDE REFUSE PAD "'/, ··.··1··.·· . ,~A JAC?ORYII,/ . ,'WETkAND.i:\S ' , S 59'lZ'14" E I --7i';1-0-42. 00' Ht~I~_-+I---20' PRIVATE DRAINAGE I " c: POND ACCESS EASEMENT Wrn I Z~i I I-~ ~ o ~ I~ IZ~ " 5'x20' REFUSE AREA « Q; I ~ ff3 1-; ~ D~:~~I~:y - w I!:: "'" :b o V) ~ ';:S, 20\ ~\ o [J\ ESTAB~ISHEbl~IHE ..• RIB6RABALKO/' / .. ' SHORH"LA'f' .' . /32,129' ~Fi, /',' . LOT A S~ ~n~~~~L§GP~ I ,-I SHARED ACCESS AND MAINTENANCE ~ ~WP'f-htlM--+f---AGREEMENT EASEMENT RECORDING NO. 20120530001619 5' WIDE REFUSE PAD 0> ~ ( ... TEMPORARY CONSTRUCTION 1.1l\.~hirl~;r1fLr.~F;";,4~:]H.+-1'"+--'+J,--jj~~-EASEMENT RECORDING NO. '": 2012053001619 "'~~~~~~~~~~~~~~~~~; EXISTING DRIVEWAY --;~~ljli";;Yb;'.·:Wf~A~T:E~~R:D:EA~6SEMENT "....... . :: I NO. 20090409001132 N 18'05'50" W 52.56' \ \ N 07'56'31" W _---1 48.51' N 61'49'21" W 53.28' LEGAL DESCRIPTION PARCEL I: , .' ./ / LOT 1 OF RIBERA-BALKO SHORT PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9. 2009. AS RECORDING NO.20090409900002. RECORDS OF KING COUNTY. WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.201 Z0419001607. PARCEL II: LOT 2 OF RIBERA-BALKO SHORT PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9. 2009. AS RECORDING NO.20090409900002. RECORDS OF KING COUNTY; WASHINGTON; PARCEL III: TRACT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO.LUA-07-080-LLA RECORDED AUGUST 18. 2009 AS RECORDING NO.20090818900001. RECORDS OF KING COUNTY. WASHINGTON. ,--M---1+-~--SANITARY SEWER EASEMENT RECORDING NO. 8509260881 TRACT A .. _ .... _ .. ;;?I9BMPF,lALCiAQJ; ... , .... ,' .. 14.386 SF PHASE LINE PHASE 2 C)ESC. USE AREA (S.F.)M.AX. DENSITY: 60 DU/NETAC ' t~ TRACT A STORM DRAINAGE TRACT B PRIVATE ALLEY TRACT D T~ACT F T~ACT G T9ACT H T9ACT M ,ROW 9 0ADS ~OTS 40T A P~ASE 2 PRIVATE ALLEY OPEN SPACE OPEN SPACE OPEN SPACE OPEN SPACE PUBLIC RIGHT OF WAY PRIVATE ROADS RESIDENTIAL LOT AREA SENSITIVE AREA PHASE 2 (NET) 14.386 1.454 1.882 3,474 639 3.006 830 1.932 16.132 54.228 77.868 47.242 T~TAL AREA = 223.073 S.F. = 5.12 AC. CRITICAL AREA TABLE TYPE WETLAND AREA WETLAN D 32.126 SF WATER EASEMENr' RECORDING NO. 20090409001132 BUFFER AREA 45.741 SF i" '" "'" ~ b o VJ >}J MIN. DENSITY: 10 DU/NET AC r .. PHASE 1 PROPOSED DENSITY: 7.25 DU / ACRE t---- MIN. LOT SIZE: AS ESTABLISHED BY PUD LUA 14-000295 MIN. LOT WIDTH: NONE MIN. LOT DEPTH: NONE BUILDING SETBACKS: FRONT MIN: 10'; 0' THROUGH SPR AND NO BLANK WALLS FRONT MAX: 15' SIDE: NONE; 15' IF ADJACENT TO RESIDENTIAL ZONE SIDE STREET: 10'; O' THROUGH SPR AND NO BLANK WALLS REAR: NONE; 15' IF ADJACENT TO RESIDENTIAL ZONE MAX. BLDG HEIGHT: 50'; 60' IN MIXED USE BUIDLINGS MAX. BLDG COVER: 65%; 75% IF PARKING IS PROVIDED INSIDE THE BLDG MAX. IMP. COVER: NONE RESIDENTIAL PARKING REQUIRED: 78 STALLS RESIDENTIAL STANDARD PARKING PROVIDED: 81 STALLS RESIDENTIAL HANDICAP PARKING STALLS PROVIDED: 2 STALLS LOT 40 PARKING STALLS REQUIRED: 13 STALLS LOT 40 STANDARD PARKING STALLS PROVIDED: 16 STALLS LOT 40 HANDICAP PARKING STALLS PROVIDED: 1 STALLS DESIGN STANDARDS OF RMC 4-3-100 APPLY i OVERALL SITE IMPERVIOUS AREA: 2.t5 ACRES UTILITY PROVIDE~S !±~'lt.","J"--;i:t{:·/~J I"-~ WATER: CITY OF RENTON ,< .... ';/ .. ;'.;( .•. ,! I POWER: PUGET SOUND ENERGY I I GAS: PUGET SOUND ENERGY TELEPHONE: CENTURY LINK FIRE: CITY OF RENTON DISTRICT #251 SCHOOL: RENTON SCHOOL DISTRICT f403 , PROPERTY OWNE~S LOZIER AT WHITMAN COURT. LLC 1300 114TH AVE SE. SUITE 100 BELLEVUE. WA 98004 (425) 635-3938 CONTACT: PAUL EBENSTEINER WASHINGTON FEDERAL 425 PIKE ST SEATTLE WA 98101 DEVELOPER LOZIER AT WHITMAN COURT. LLC 1300 114TH AVE SE. SUITE 100 BELLEVUE. WA 98004 (425) 635-.3938 CONTACT: PAUL EBENSTEINER SURVEYOR CENTRE POINTE 1819 CENTRAL AVE S. UNIT 38 KENT. WA 98032 (253) 813-1901 CONTACT: NORMAN E LARSON, P.L.S. PLANNER/ENGINEER ESM CONSULTING ENGINEERS. LLC 33400 8TH AVE SOUTH. #205 FEDERAL WAY. WA 98003 (253) 538-6113 CONTACT: ERIC LABRIE. AICP GEOTECH ENGINEER ASSOCIATED EARTH SCIENCES. INC. 911 5TH AVENUE KIRKLAND. WA 9803.3 (425) 827-7701 CONTACT: BRUCE BLYfON. P.E. RECEIVED FEB 1 3 2015 CITY OF RENTON PLANNING DIVISION /" .. :::: .. 0 ~CL~ ______________________________________________________________________________________________________ ------~--------------------------~ REVISIONS NO. DESCRIPTION/DATE BY 1 15T SUBMITIAL 07/30/2014 ESM 2 2ND SUBMITTAL 02/13/2015 I T I I .~.I BAR' G~GOQo··t~ ~'t-"" <Ji WASJii"~ .~~~< .. ~ "'C:o ~ I "i \ ..... -, .~ . : : : . . . • 'R: 1l ... ",(; 40'" 'V,'~ ~·.Q/STf..'?,«;','~ S's'i'·····jt'+-IO ONAL -.-I -~o ~t _0 ~ _m 0m , , " 00"" 1) <l~ 2 -r;)1O :c * iON ,~~ t!..::.. (/J c II: ~ c V -00. ~ -0 W • ~~ 0. 0 • W '0'0 ~~ C C OW Z -~~ 3.3 - (C) -z l() 0 W N", ~ 0>0 I c -.t:: 0 " (C) :oro E Z (/)0> I "'v -« cO' i .-0 (/)5: >'c C-·0 -' ~ " E ~::; «i; " :J 0 U1~ 0 £5: () "O.!; (/J 00-1.: co or:> :~ o L Z ... ,,1. 00> 0 '<\''0 () 0 ",0> E -C'lLL rn Q) '" ~ , . c ~ '0 ~ •• .'" ~ C L .... 0 I g''' i w .~ ! ~~ , I uo. z ~ (!) z -I ~ () ....I ....I ~ 0 I-r Z a: :J w ::::;E ::J a... a.. 0 U. 0 ....J W () r-(ij z a:,....O « :JW~ ~ ooom r o «::J -I ZIIfj $ «Ia...~ r ~i :5 « r-' a.. a: _I ....J II < w z -$1 lL. N Ii , l"- ! 0 z 0 ....I I- Z W Ct: u... 0 I ~ () , I , JOB NO.: 1799~OO1-013 DWG. NAME' PUD-02 DESIGNED BY: LGB DRAWN BY: CJR CHECKED BY: DATE: 02/13/2015 DATE OF PRINT: PUD~02 2 OF ~ SHEETS ~ . " ut "' v on , 0 0'" Eel: --:8 :2 >, U.m ':;u -K~ ,i' u.u. /' "' ° /' o ;;. '" '" " :/:;, iil-< 0", l~ ;,0 "'~ w --C~ ,"0 c " /ri ro ~ E". " " 3-" /63 -Py----- (Jl "- co N N w N I I /z I I N 88'56'26" W 35.89' ,. N 18'05'50" W 52.56' N 07'56'31" W 48.51' \ , N 61'49'21" W 53.28' LaTA \ • -,'/""M_."",o', , ",,,~ "-. ' TR-F 20 15.7' LOT LINE (TYP.) I A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TWFP. 23 N., RGE. 5 E, W.M., KING COUNTY, WA NE 4TH ST (RENTON) I 53' 'PROPOSED ROW I r ROA __ D ~L.f;lII\r'---4--I S 89'12'14" E 42.00' 16 14 13 16.5' 12 17.5' 11 I CD o '"---1'--1-.« o 2 cr. / 10 9 8 7 6 -- 4.9' 5.6' TRACT A (STORM DRAINAGE) 14,386 SF w (i) Z ~ f-lil '" 0 .J '" Z F z « w Q ~ VJ w '" f-/8 .~~ - - I '" I .'1 \ , '" :" ..... ... b 0 (11 -- ~,' ' . " N 88'09'46" W ::--::::-::-::-::-::-S:8::8::'03'::':''' :. 2_9_8_.0_0' ______ _ -~~,,~."' -~"" -,~ ."'.','.'.,. ,~""""" '~'" _.0. .-,-,~--~''',_w.'''''_,' --.-"'"."" .",,~ . " , r-, ;;:: <,,·'w- • , '. , , " n 1" -40' SCALE: ~~_~~I 40 20 0 40 80 RECEIVED FEB 1 32015 CITY OF RENTON PLANNING DIVISION .. :::: v 0 ~~~----------------------------------------------------------------------------------------------------------------------------------------~ REVISIONS NO. DESCRIPTION/DATE BY 1 ST SUBMITIAL D 07/30/2014 ESM 2 2ND SUBMITIAL 02/13/2015 ESM , , , i , , , , - ! BAR G· ...... r~1\! ~~i';,'ri: '''(s t;= ~ '.~ -I: _' ~ . ! : : . . . . '"" '% ... ~ 40111 1 'V /<;;; '?tfj.'/-' STE'?;~'i~~ ,"au.ol\: ONAl, ,,-, 1 no , ~t ~O ~ ~o ~o , , , ~, U no ~N • -~~ " nm "' * mN ",0 ~.!-.£~ (/) c a:: ~ c v -00. ~ -0 W * ~~ "-0 m W uu ow c c Z -~~ ~.3 - (9 - Z 1!1 0 W N", ~ . ,,0 -'---. ---C :~o • (9 :Jal E Z (/)01 ",. -« cO> , ._ 0 (/)$: ~c f-" E d ...J > -«~ , :J 0 U1~ £$: 0 0 -o.£, (/) al-1.= co 0[" .~ o c Z ,~ .Ja. 0" 0 ..,." 0 () "'" E -",LL (/) Q) '" ~ , . C ~ ·C ~ • 00 .-" ~ C c ._ 0 g'l: W~ ~.g Un. , Z § Z I ~ ~ 0 .J .J i ~ 0 1 I-a: ::J' :J c..' 0 LL, z :5 0 r..i a.. Z a:,...~ « ::JW~ ~ OCJ)W I-() «if) -I I(!) $ Z'a.. z «I 0 , ....J I-~: ::::> « r-i m a: -, w II -s! N 0 ! z 0 .J I- Z W 0:: lL. 0 ~ <..l JOB NO_: 1799-001-013 DWG. NAME: PUD-03 DESIGNED BY: LGB DRAWN BY: CJR CHECKED BY: DATE: 02/13/2015 DATE OF PRINT: , PUD~03 , 3 OF , ~ SHEETS , ii ,. , , '~