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Home My WebLink AboutReport 1I a W' W. UNE E. JIU' N 1 1/4, sr. 1/4 src.· l!231£.. 162.60' -5 ,tnL d.U ,\;\ M,.Zl.Li,OON I r to ~ > o I ,- x "' X I 'x XX XX ) I ~ • • " E r :> B I I ~ X .. x I IX XX XX ) I :;J ~ § 0 z C z 0 .,-=J . " " ,-"' 1~; . ' ;cl i I l r~ ~ I •c< , .,, .,. ~ 0 ~ l:.l~"' 0 ~ ;§~ I, '° "' _,, ,, ' i~ ~ g~g ! 0 ~*" ~ ~ "' ~ ' ' " ,,, H ""' ,I ! !• ~ -, " ~·: 0 ! .,g ~ ~~!!! • ' ~~~ =l • I ~ •• ~b~ , s ~ i s~ ,, ! ~ ~a~ , • Cc !1 ' ,,, "' ' I § ;: a E"~ ~ 8 g~~ > ii ' , I il!o;; I i r §~l1 I ' i;;; §'! ' ~~ ,a ' ' ~ ,I ! i;a i ' ' •• I ;;~ i ~ ! ~; o£a ! ''" I ' 28 ~ .. i i ' ~~ i OQc i ! z:,:,., ' "« • ~ I ' ~~i ' ! • ' ; ' Ii <D 0 "' >- ''! 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' 0 ' i ~ ' I iti :, I~ 12 I~ I• ' :' 0 z 0 z 15 8 w ~ f--- <L ~ I x X) XX x, .J. ~ I 6 <( 3 3 • ---=· =---::=== ~ -·-~ .zr ·- i I 21 i ! t;====='ci I 11 2 • i I! __ ,,1 19 , , 11 IL~-/// ---u_ --Tfl;!!f!_~ 1 I~ I r ~~ ~Aih/ '/1-i 1 ,.--:~I -i-1 I "--~/: I I 11 ~ • , I 11:---.;11 111 rc--'=--"_,1 I l ' 11 ' 11, 13 I 1 ' -. ' =;t:;'il ",,1 '2 / / I ,. II , r I i II -11 / Ii/ 1 ,, _ / 1 1 , 1 1-~eT"D" ii 10 TRACT '"Bff: __ ,_,. __ "'"° M ___ y ____ ,M __ ----·-·---·~ .,.-~ .... ----~-,,~---~-~---,-n•-··-----~-~N0-~0---~-,--~-~ .. -.,--,.--·--_____ ., __ ,. .. ---~---·----·--~-·-"'~ ~-~·,.---~~~---·--·- ' 1 · _,1L ,· 1 • _ I----11 11 -_____ IL 14 II I -__11 CONCEPT MITIGATION PlAN ·---~ ~--=.~~...:::- !F'.il:~""~-" "' l ::-:--•-==, _i_ ·y ~ ~) 11 I 1 I I lil(I !Iii 1~11 I~ ' !u_ I i Tfi I j I , I I + i I I I .. -~-~---~----~---"' _..,. ______ , __ ~--~--·-·---n--. ... ~-·-·· :;:;;1.:::::,-, I I ~ I I' ' -. ( ! ~~<>Mf"r;i I ~ ; !l'J!:!:-····-!. ~ i 1=:1:::u,=- .-,.,_ ---··-·- ' , :"M~ 1 ~ 1 ---~~"" l ' , ~ACHOIJllcm'_""'I I =~-===7 .... i i COOITT ::::!_J -" ---a:. --]ljj_]_:: BUFFER Pi.ANT LIST = QNfY PIN/T N,WE (°) I s I &g, .. r_ ..... -~ ® ! 6 j Dwg/1,sF~ ''~~ @ I 9 .-,,Ra;c«Ja,· ""-cs 2C I VffMa,o,io --8 2C : /Wr,/m// -- ,,.1 , .. 1 2~·- '"' ,,._ '""" ·----· ·- --1 --j llSsmwr!i i \'r:· ~ ! :;:""'....-,,.. J,161 Msf-. , ©: 4S 11"'.wliRow 'Rt>/;.,r.oli</lfM 0: 3{J ~Cmran/ l!_lt,8!_~ --··------------, 2//tll """"""" 2g,tl "'"""""' MrTIGA TION Pi.ANTING PlAN WOOIITIONNOTES. Pwn/Jr,gliPM!l_bo_of_im•slw-5'JCll11&!/lma/ylm~S(;olr:t,tm,m ar,i/J(lffM/oolit,s/1/fr,a<>t/ol/,m/t6delwmint!(JliyCA)c C/osnngwi11/Jsawitx:18dbyhanilo,from/Ju/h,rMl(/----~oi/l'""ca:tJI' /;ffll1y-pl/!nrsmt$b<,~~/JJ911"511.>ihy~F/9gr/,,,gtob<oins(a{Ml)/lt,,a,,;hes(ff(!/ mtlinst<lmj c»Nlng/KIIJ~No/e$ B,a/ogiJ,li>btJ_aomg_awno~ Plan/lrlgllfMS""'11/l>,c/iJaredofNm-N/iW,!n-;aSN9~w,l,asH/tJw/8ll~.-/J,oom. w--G:""""~-"'-""""""'·gtilliM"'---~--~-ar>d S6d/1n91)/C(JfltfO/fMl{XfflJ(Pl$.IO/nema;umumMlefltptllC/JaJ/Jle./hetmmpMol--.tfromllloSMIO __ ,_,-.....,.,,,..snd"'*""'""l_,_En,s,a,Bm ___ i,,~,s sp,,afiodby/he~-sr,dsodiflWlt(XJ{l/!D/-/Jlld~rx/llm/Jl>d ~--lfJ/lloSl.r:fioal,l\,;oW~-. 5,,BBOIJOI~· FmmOc/tu,'/sf,,.,,.,,,,.'¢/JOlh, -J5rhe58IJ5Mll/-pe,i(x!,~ Nli/~sha/lor;;yr,op,;mlitt«Ji/-i)/he-olrheDlfllclorlllolMIOlf/savinglm a:mlnJ<:bmfiilH>ril<DndyWllhlhB"""""' ____ ,,,,~~-- ifrp/omM/IJ/Jon~lr,/heS<JtmeW.OWDe-s,;t,M/Jmllf/tllw/lha~of/he~. •.StfOIXXK1l!iorl5lflClrxJ/ng~ll>'O~,,iq:,o,sol11Pf""'1prr,.,,m,ty/O~-._- b.Propa,,,d-oo~and/N""""'Dfd/s#Jft>odMIM;/J/>O C Pro(x,<et!erwoo/Jl1llll'Jd/lr,fJn/8lll3tlron(ro/- ,$'-Ir,,,/ // ! ~ WDI.AND PLANT LIST QNT" Pl.ANT i\!4M€ SIZE SPACING @' 6 --,,. ·-• !'1(:81Jsilc/)(/fJ$i, ' 0 1 10 1 '!::::::".:t=: ,,. ·-® ,01:=:... I ,,._ ·- • 1ojf::-~ I I '"' ·- I e IS I Salmoobeey --i 2ga!. i asslKMr, 81.!ffER ~ Sf£D MIX ~AREASffDMIX IN-----/ ,.,_.__ -m!Redlap&,,,rr.-, '°'~~ i --~-Ry,, ,:;o,O--# ! ----1 iry,:::::,,.,., ~-·3/bt/(l(X)sq,/#1 =----~. -31,//(}(}/],a"'"' LEDGEND mil f/2~SF W£7WIDIIIIPACT D S.115SF B!ffffRIMPACT mm 1.t;64SF IIBIN«JCRE//.TION ~ 4.9CoSF 8/JFF&IENHANCEM8r. lil!I lfOSf R£STORA"r/ONOFTEMP. IM'P,\CTS 318 LF PERMANE!IT SENSfTM AREA FENCWG -\ ::EE,.:;;;: -I iw""'_"'_ _,,, __ ""' ' PEfWANENT SENS!TWE AR£4 SIGNS \_=~ TREE Pl.ANTING DETAIL ,,,,,,.,.,_....,, -"""'"'*'"'w - CONIFEROUS TREE PLANTING DETAIL NDrro= -,.:::=:. ~ ri::.::::.:::-::::.'...-:..-: ~?" .......,_ -, I / ::..-""' -~ .. -.. J'/ -,,,- ::.:.:· I/OT!ctl.<SEUIPPROIIKJE1)Brm1 I ~sf .. 0 , We!lcnd Consul1i,o~. Inc -----, 4 ~ " . . SCA!.£· r·~N ! <1<]<]( D "' lli :i:: l3"" 8~ !ii ~ >=:: ~"" t; ~ !,Q a g:: I Joo No. ....£:.'Z!.... .1-i,-'- I i =:; .::. ,.,..._ •• ,,,,IE'f,. . ...,,.,._. WETlANDSfGNOETAll -FENCE-DETAIL SHRUBPiANTINGDETA!l i ,,...,_,,,,;;,.__ ... _,,.,.._, , ... ,.,_,,,_.,,., I:= -:;- -~-""'"'""'-' ,.,,,ox,;, """'"""' ~----------------; . - ~ ,, ,~ m " .- --~ 1::1 ! ·R·_;,1,, . ~!;· ;;. .•.;-..• v· 1 ·. 1 -{ "·).'' , __ L--• r· 1.,~_ -1 -, .... ---. -1 '"'" f ' ).,·. . .. , -I -'----,. • J • j .. j -J • --; I •.~ -=~=----:,,,·=-:-',, ." --· .... ,. ' . j :'.] ·= -~ ·~--_:··--i-:' "·" ~ ---~--_;;",, .,. j ii . :.~-.. ,.:1;,o,s,;c-110 ,. ,me '' ·'"'"';::' .:",I' : I' i·n· ~,-,,.;' L.,.. "",;;;, • • , :·I I , -"l '[_: ~c ~--~, ·1 -:1·,:.: ··-----"~ . I-' j I. -,.d.:J .~ ~d[.; -,.J_~ .. I." --'"--i --L!J . - LS j. ·:: ... , ::110 1-. . . ~ "" ~1 ,,. c:c ~; "' ,-•.;:;• -··er·--"""7 ;-·:."."-!- -~ " ~ . . . . . ;t ~,,1 ·~r ~=lit=-. E ~ -.. ~l:=i 'f C,,.f ·-1-··e JJ"r r1 }" cr· t · i, ~ f · i · r · ~ ~'u'. ·.,~; '·!"" ~ ~-( ·-~-,...,; ·~: • ... ; ·-:"'.·- ,_ ·~~ !• :.:;;"~ ,. ~ :::.'."'' '"".~·: I I j -IP •· ,.,. -. "" · --'"'' ~-•,:.;-v,JJ>,L'rl;Ul~!:1---;~ ~ .,....,,, . _s,,~au... __ ~~·,• ;. O' •'-' I , I • L , I ;1 ( ·• I -J , -. f I --_ , --• • ,. '.j .. h,1 -n-· •. , ··j r: I ' ~·· ' ·-,---~~ ·"" ..:.-·:,,-J _J ,.,--. • J-t • 1! _f ~ ,j ~-t' · .. J I ·1,~----·, • "·' f -b , ... L ,. ;, • ' I· I • t.::,:. . · .. -1 --; -~-,,Ji.: NORTHWESTERN l GARDEN r · 1 -______ ·:;/ -TRACTS ?~r~'.:: .. ' •. ~.1 ·t·;_, ._ . "/ ,, -: " ;.L t' = 1 • I . L,;s,,.. I I~ I -I II._. . j I . .. 1 ' . ,. .• I . ll ~~(·~s~l: :~~~:ti rt', .. ·-,. -... ,, •. le 0 NEIGHBORHOOD DETAIL MAP WOODBRIDGE LANE A f-':)HH.l~ CF TH[ NE 1/4. SC 1/4. SE~TIO~ 32. TV,~. 2JN .. l{G[ t,[., l\'.M .. Cl7Y Of RENTON. KING CO~NW. WASKINGTON 1M17 ,,om AVE~U[ ~[ ~6Q55 PAR:::Ec MO 32230090~.; ORS ~ROC'C-HO 1~016 . Cynthia Moya From: Sent: To: Subject: Attachments: Categories: For the file and street address file. -Jason Jason Seth, (MC City Clerk jg_\jl_@rentonwa.gov 425-430-6502 From: Jan A. Conklin Jason Seth Tuesday, May 12, 2015 8:17 AM Sandi Weir; Cynthia Moya FW: Woodbridge Lane Plat AKA Welman Plat LUA14-001565 Woodbridge Lane.xis; welman-woodbridge addresses.pd/ Red Category Sent: Monday, May 11, 2015 3:01 PM To: Jan Illian; Jennifer T. Henning; Abdoul Gafour; Anjela St. John; Bob MacOnie; Bonnie Woodrow; 'Brian Powell'; Caldwell, Cory; 'Cannon, Debra'; 'Century Link'; Chris Barnes; Clarice Martin; Corey W Thomas; Cyndie L Parks; Dave Wilson (dave.wilson@kingcounty.gov); Deborah Needham; Donna Visneski; 'Doreen Karoly Post Office AMS'; Elsa Biscaino; 'Ericka Jones'; 'Eunice Verstegen'; Fessenden, Janise; Gary Fink; Gilchrist, Gael; Gordon, Susan; Helen Shindellbutler; Holly Powers; J. D. Wilson; Jason Seth; 'Jeff Wagner'; John P Lecoq; Julie E Bray; Karen E Bergsvik; Kathryn Svedin; Katie McClincy; Kevin Anderson; 'Kristina Kyle'; Kristine Stimpson; Loacker, John; Mark Peterson; 'Marsha Doviak'; Michelle Faltaous; 'Miranda Hett'; Morgan, Gail; Nancy Thompson; Nizar Salih; 'Park, Sarah S [Sarah.S.Park@usps.gov]'; Paul J Harm; 'Pierce, Ramon'; 'Renton Reporter'; Rick M Marshall; Russ Evans; 'Scott Chapman'; 'Scott Corwin]'; Shawn M Daly; Shirley Anderson; Smith, Patricia; Susan Liska; 'Susan Truong'; 'T. Mclaughlin (tmclaughlin@republicservices.com)'; Terri Weishaupt; 'Thoma, Carol'; Tim Moore; Tom Reynolds; Vanessa Poorman; Vicki, Whitt-Williams,; William Wressell; Zinski, Milla Subject: Woodbridge Lane Plat AKA Welman Plat LUA14-001565 Sorry, I forgot to attach the map 1st time. Recording #20150429000564 New Major #951075 Jan Conklin Energy Plans Reviewer City of Renton Development Services Division 425-430-7276 1 Woodbridge Lane or Welman Plat LUA14-001565 Recording #20150429000564 Major #951075 18417 116th Ave SE has been demolished and 3223059033 will be retired PID PSTLADDRESS PSTLCITY PSTLSTATE 9510750010 18503 115th Pl SE Renton WA 9510750020 18509 115th Pl SE Renton WA 9510750030 18515 115th Pl SE Renton WA 9510750040 18521115th Pl SE Renton WA 9510750050 18525 115th Pl SE Renton WA 9510750060 18529 115th Pl SE Renton WA 9510750070 18533 115th Pl SE Renton WA 9510750080 18551115th Pl SE Renton WA 9510750090 18555 115th Pl SE Renton WA 9510750100 18559 115th Pl SE Renton WA 9510750110 18563 115th Pl SE Renton WA 9510750120 18569 115th Pl SE Renton WA 9510750130 18575 115th Pl SE Renton WA 9510750140 18574 115th Pl SE Renton WA 9510750150 18568 115th Pl SE Renton WA 9510750160 18552 115th Pl SE Renton WA 9510750170 18528 115th Pl SE Renton WA 9510750180 18522 115th Pl SE Renton WA 9510750190 18516 115th Pl SE Renton WA 95107$0200 18510 115th Pl SE Renton WA 9510750210 18504 115th Pl SE Renton WA 9510750220 9510750230 9510750240 9510750250 9510750260 9510750270 PSTLZIP5 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 98058 PSTLZIP4 PLATLOT LEGALDESC PRESENTUSE 7166 1 7166 2 7166 3 7166 4 7166 5 7166 6 7166 7 7166 8 7166 9 7166 10 7166 11 7166 12 7166 13 7166 14 7166 15 7166 16 7166 17 7166 18 7166 19 7166 20 7166 21 Tract Tract Tract Tract Tract Tract I I I I I -i ! ~l\ ~ I \}\ CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 21, 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: Woodbridge Lane Final Plat LUA (file) Number: LUA-14-001565, FP · Cross-References: l,,u.lftr08'10l AKA's: Wellman Final Plat Project Manager: Jan Illian Acceptance Date: December 11, 2014 Applicant: Jamie Waltier, Geonerco Properties Owner: Contact: Jamie Waltier, Geonerco Properties PID Number: 3223059033 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: April 10, 2015 Anneal Period Ends: Aoril 24. 2015 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: ' ~ ij l " :; f I i I § f ! Project Description: Woodbridge Lane (aka Welman) Final Plat 21 lot subdivision. The applicant i is requesting a Final Plat of a 3.23 acre site located at 18417 -116th Avenue SE. This application ; is vested to King County Development Standards and is located within King County's R-6 zoning i designation. The applicant is proposing to subdivide the lot into 21 lots for single-family residential I development and 6 tracts for drainage and recreation, critical area and private access. Lots range ! in size from 3,523 to 5,150 square feet. Access to the lots would be via a public road. The applicant has proposed to install a drainage vault in Tract E, in addition to street frontage I improvements along 116th Avenue SE. Street lighting is PSE. Water and sewer is Soos Creek ! Water and Sewer. ;;; 18417 116'h Ave SE ' Location: ! Comments: ........................... J .... " ........ ................................... _ " .......... --········· -·--··············--·-···-·· ···········-···-···"········--·-···-·"·"-"' .............. ,,,---·---····--·---·-·-·-· ·············-···········--·-··· ................................. ERC Determination Types: • -Determination of Non-Significan DNS-M -Determination of Non-Significance-Mitigated; .,., -Determination of Significance. I 2 3 4 5 6 7 8 9 10 11 12 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Woodbridge Final Plat LUA! 4-001565 ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) 13 •~~~~~~~~~~~~~~~~---' 14 15 Summary 16 The applicant has applied for final plat approval of Woodbridge Final Plat. The final plat is 17 18 approved subject to conditions. Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: 1. 2. 3. 4. 5. 6. March 24, 2015 staff report. Vicinity Map. Plat map December 10, 2010 letter from Chip Vincent to Michael Romano. February 15, 2013 letter from Neil Watts to Jamie Waltier March 5, 2015 letter from Jennifer Henning to Jamie Waltier FINAL PLAT -I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Findings of Fact Procedural: I. Applicant. Geonerco Properties WA LLC 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 21 lot subdivision. The subdivisions received preliminary plat approval on December 8, 2008 by the City of Renton. The subdivision is located at 18417 -116th Ave SE Street. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-11 O(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the fmal plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION 25 The final plat application is approved, subject to the following condition: 26 FINAL PLAT -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. All plat improvements shall be either constructed or deferred with adequate security to the satisfaction of City staff prior to the recording of the final plat. Dated this 10th day of April, 2015. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-1 IO(F)(I) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(£)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-1 lO(E)(S) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-i 11 floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT-3 , ' DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: Geonerco Properties WA LLC Woodbridge Final Plat (aka Welman Plat) (Preliminary Plat LUA08-107) File: LUA14-001565, FP 18417 -116'" Ave SE SEX Section 32, Twp. 23 N. Rge. 5 E. City of SUMMARY OF REQUEST: Final Plat for 21 single family residential lots, with storm and streets. Water and sewer service is provided by Soos Creek Water and Sewer District. RECOMMENDATION: Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Geonerco Properties WA LLC filed a request for approval of a 21-lot final plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance on October 27, 2008, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 18417 -116'" Ave SE Street. The plat is located in Section 32, Twp. 23 N. Rge. 5 E. 6. The subject site is a 3.24 acre parcel. 7. The Preliminary Plat received approval from the City on December 8th, 2008. 8. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. • Oity of Renton Department af Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP Page 2 of 10 10. The plat has not expired due to an extension. The applicant has an existing SEPA determination and approved preliminary plat under City file LUA08-107. 11. The proposed Welman preliminary plat was accepted by King County prior to annexation to Renton. Following annexation, the King County preliminary plat conditions were amended at the request of the applicant, Michael Romano. The City approved the minor amendments (via a letter dated December 10, 2010 from Chip Vincent, CED Administrator). See Exhibit A. The following the conditions were approved: 1) Five foot wide planter strip and a five foot wide concrete sidewalk on the west side of 1151 h Ave SE. Planter strip and sidewalk is to be extended along the frontage of lots 1-4. 2) Joint use driveways for Lots 1-4. Joint use driveway shall not exceed a combined total width of 20 feet from the bottom of the curb tapers. 3) Extension of planter strip through Lot 13. Appropriate trees are to be planted in the planter strip. 4) Install six foot wide trail and picnic area within the storm/critical area tract. 12. Prior to preparation of the final plat, on March 5, 2015, the City approved (via letter from Jennifer Henning, Planning Director) minor amendments to the previously amended preliminary plat conditions approved on December 10, 2010. See Exhibit B. Condition 4 above has been met. 1) To remove the extension of the planter strip along the cul-de-sac through Lot 13 (see item 12. 3) above). 2) To remove the previously requested use of joint-use driveways for Lots 1-4 (see item 12. 2) above). 3) To retain a 6-foot high solid wood fence with intervening stone columns at regular intervals, rather than a modulated fence; and to provide landscaping in front of the fence. Amended Conditions of Approval for the Welman Preliminary Plat The proposed subdivision of Welman Plat, as accepted by King County for complete application on March 26, 2006, and granted preliminary plat approval by the City of Renton on January 261 ", 2009 is granted approval of minor amendments to the preliminary plat, subject to the following conditions of final plat approval: Hearing Examiner's Conditions as amended by Neil Watts, Director of City of Renton Development Services Division in the letter to Jamie Waltier of Harbor Homes, LLC, on February 15, 2013. See Exhibit C. 1. Compliance with all platting provisions of the Renton Municipal Code (RCM) 4-8-110. Response: The final plat has been prepared in compliance with cited code. ' Oity of Renton Department of Community & Economic Development WOODBRIDGE LANE FINAL PLAT 2. Original condition deleted. Response: Noted Fino/ Plat Report & Decision LUA14-001565, FP Page 3 of 10 3. The plat shall comply with the King County base density (and minimum density) requirements of the R-8 zone classification. All lots shall meet the minimum dimensional requirements of the R-8 zone classification and shall be generally as shown on the face of the approved preliminary plat, except that minor revisions to the plat, which do not result in substantial changes, may be approved at the discretion of the City of Renton Community & Economic Development Department. All future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. The houses shall otherwise be in conformance with the applicable vested King County setback requirements and other associated land use standards for development. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance, which indicates an encroachment, lines of possession or a conflict of title. Response: The final plat has been prepared in conformance with the preliminary plat and meets the density and dimensional requirements of the R-8 zone classification. There are no boundary issues to resolve. Any condition of approval related to the design and construction of future houses will be addressed at the time of building permit application. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. Response: The approved construction plans have been prepared in accordance with required standards. This condition has been met by the completion of construction of the site improvements, as shown on the approved plans. 5. The applicant must obtain the approval of the City of Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Response: This condition has been met by action taken by the developer and through the preparation of the approved water plans and approval of the City of Renton Fire Marshal. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also Oity of Renton Department af Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP be satisfied during engineering and final review. Response: The approved construction storm drainage plans have been prepared in compliance with the required codes. Page 4 of 10 a. The drainage facilities shall meet the requirements of the 2005 King County Surface Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the Level 3 Flow Control and Basic Water Quality in the KCSWDM, unless otherwise approved by the reviewing agency. Response: The approved construction sto.rm drainage plans have been prepared in compliance with the required codes. b. Standard plan notes listed in the 2005 KCSWM shall be shown on the engineering drawings. Response: The approved engineering plans include the required notes. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings# on file with the City of Renton Development Services Division. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: The required note has been included on the final plat. d. The drainage facilities shall meet the requirements of the 2005 King County Surface Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the KCSWDM. Response: This condition has been met by the completion of construction, as shown on the approved engineering plans. e. Drainage adjustment L07VODSS was approved for this project: All conditions of approval for this adjustment shall be met prior to engineering plan approval. Response: This condition has been satisfied with approval of the engineering plans. f. To implement the required Best Management Practices (BMPs) for treatment of storm water, the final engineering plans and Technical Information Report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. Response: The final recorded plat includes all required covenants, easements, notes, and other details to implement the required BMPs for site development. The approved engineering plans and Technical Information Report have been prepared in compliance Oity of Renton Department of Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP Page 5 of 10 with the applicable standards. Appropriate notes/restrictions have been included on the final plat. 7. The following road improvements are required to be constructed in lieu of the original King County street standards: a. The internal access road (115'" Place SE) shall be improved with 26 feet of paving, vertical curbs and gutters on sides, a six toot planting strip and a five foot sidewalk. The new right-of-way width shall be a minimum of 37 feet in width. The planting strip and sidewalk shall be on the east side of the street and parking shall be limited to only the east side of the street. Response: This condition will be met by the completion of construction, as shown on the approved construction plans. b. Future driveway widths for the plat must meet current City of Renton standards, with a maximum width of nine feet for a single car width garage and 18 feet for a double car garage. Response: The developer has opted to improve the westerly extension of SE 184th Street to the urban one-half street standard. This condition will be met by the completion of construction, as shown on the approved construction plans. c. The dead-end of 115th Place SE shall be improved with a cul-de-sac, with a minimum radius of 50 feet dedicated right-of-way and paved width of 43 feet. A minimum five foot sidewalk is required along the northerly and easterly portion of the cul-de-sac extended through the west side of proposed Lot 13. The sidewalk within the cul-de-sac area only may be adjacent to the new curb, and rolled curb shall be used in the cul-de sac area only. Response: This condition has been met by the completion of construction, as shown on the approved engineering plans. d. The project entryway frontage along SE 184th Street shall be improved with 20 feet of pavement with a 30 right-of-way dedication. A vertical curb and five foot sidewalk is required on the south side of the street. The north side of the pavement shall be a thickened edge, not extruded curb. Response: This condition has been met by the completion of construction, as shown on the approved engineering plans. e. The frontage improvements along 116th Ave SE shall include a new vertical curb and gutter 22 feet from centerline of the right-of-way. An eight foot planting strip from face of curb to edge of sidewalk and five foot concrete sidewalk are also required. These improvements will require dedication of a minimum of five (5) feet of additional right-of- way. The radius improvements at the intersection with SE 184th St must be per City of Renton requirements, along with any associated right-of-way dedication for the radius. Response: This condition has been met by the completion of construction, as shown on the approved engineering plans. The ownership and maintenance responsibilities have been assigned on the final plat. Oity of Renton Department of Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP Page 6 of 10 f. Street modifications may be approved by the City of Renton Planning Services Division according to the modification procedures of Renton Municipal Code 4-9-2500. Response: No variances to the road standards were employed in the preparation of the engineering plans. 8. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. Response: The applicant has chosen to defer payment of the required fee to the time of building permit application. The required note has been included on the final plat. 9. The applicant shall pay the Renton Transportation Mitigation Fee or Impact Fee in place at time of required payment. The current transportation mitigation fee requires full payment prior to recording of the plat. If the new transportation impact fees are adopted prior to recording of the plat, the applicant shall pay those newly adopted fees at the time stipulated in the newly adopted impact fee regulations. Response: The impact fees will be paid at time of building permit. 10. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. Response: The required SO% shall be paid by the developer prior to recording the final plat. A note regarding the remaining 50% has been included on the final plat 11. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. Response: The appropriate note has been included on the final plat. 12. The proposed subdivision shall comply with the Critical Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A, 24.160 shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Response: All plans have been prepared in compliance with the cited code. Prior to construction the critical area boundaries were marked and temporary construction fencing installed. As shown on the final plat, the boundary of the critical tract will be marked with permanent survey markers, signs will be installed by the developer prior to final plat approval. a. The Category IV wetland, less than 2,500 square feet, shall have a 50 foot buffer as shown on the preliminary site plans. The buffer maybe reduced to 25 feet provided the remaining buffer area is enhanced with native vegetation. Response: Buffers and enhancements shall be per the approved wetland mitigation plans. Oity of Renton Department of Community & Economic Development WOODBRIDGE LANE FINAL PLAT Fino/ Plat Report & Decision LUA14-001565, FP b. The impacts to Critical Areas and Buffers may be allowed for the construction of proposed Road 'A' and retention/detention pond provided a final mitigation plan is submitted during engineering review. Construction techniques to minimize impacts to critical areas and buffer shall be considered during final road design. Techniques may include the use of retaining walls within the right-of-way. Response: Wetland mitigation plans have been prepared and approved by the City. c. The wetland and buffer shall be placed in Critical Area Tracts (CAT) for long term protection. A four foot high split railed fence or similar shall be installed along the CAT boundary. Critical Area signs, one per lot on those lots that abut the CAT, shall be installed on or near the fence. Response: The tract has been provided on the final plat. The required fencing and signs will be installed by the developer prior to final plat approval. d. A 15' building set back line (BSBL) is required from the edge of Critical Area Tracts and shall be shown on all affected lots. Response: The required building setback line is shown on the final plat. e. Impacts to wetlands may require approval/permits from other review agencies. It will be the applicant's responsibility to obtain approvals from other review agencies and submit the approvals/permits during engineering review. Page 7 of 10 Response: This condition has been met by action by the developer. All required approvals have been obtained. f. Prior to construction or clearing activities on site, the CAT boundaries shall be clearly marked with orange construction fencing or similar, and shown on the engineering plans. The fencing shall remain in place until all clearing or construction is completed. Response: The critical area boundaries were marked and temporary construction fencing was installed. The developer shall maintain the temporary fencing throughout construction and install the permanent four-foot high split railed fence or similar prior to final plat approval. g. The engineering plans shall be submitted and reviewed by the City of Renton Community & Economic Development staff. Response: Engineering plans have been approved by the City. h. The following note shall be shown on the final engineering plan and recorded plan RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tract/critical area and buffer imposes upon oil present and future owners and occupiers of the land subject to the tract/critical area and buffer. The obligation, enforceable on behalf of the public by the City of Renton, is to leave all undisturbed trees and other vegetation within the tract/critical area and buffer. The Oity of Renton Department af Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP Page 8 of 10 vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by law. The common boundary between the tract/critical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community and Economic Development Department prior to any clearing, grading, building construction or other development activity and a lot subject to the critical area tract/critical area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area is completed. No building foundations are allowed beyond the required 15-foot -building setback line, unless otherwise provided by law. Response: The required note is shown on the final plat. 13. A suitable recreation space shall be provided within the combined drainage recreation tract; the recreation space may be placed above the vault. The recreation area must be accessible and consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 i.e, sport courts, children's play equipment, picnic tables, benches, etc. and landscaping of KCC 21A.16. In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact Fees prior to the final plot recording, using the fee schedules in effect, when the plat receives final approval. If the applicant opts to provide suitable recreation space on site, then the following conditions must be met: a. A detailed recreation space plan (i.e., landscape specs consistent with 21A.14 and KCC 21A.16) shall be submitted for review and approved by the City of Renton Community & Economic Development Department and City of Renton Parks Department concurrent with the submittal of the engineering plans. This plan shall include location, area calculations, dimensions, finished grades, access to underground vault (access grate) and general improvements, i.e., landscaping, fencing, and trail. Response: The required plans have been submitted and approved by the City. b. All landscaping shall be maintained in good condition and be irrigated. The landscape plan shall include the method of irrigation. Response: This condition has been met by the developer. 14. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: This condition has been met by the developer. A Homeowner Association has been established by the developer. 15. Street trees shall be provided as follows: a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE Place. Spacing may be modified to accommodate sight distance requirements for driveways arid intersections. Oity of Renton Department af Community & Economic Development WOODBRIDGE LANE FINAL PLAT Final Plat Report & Decision LUA14-001565, FP Page 9 of 10 Response: This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. b. Trees shall be located within the street right-of way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Standards, unless the City of Renton Development Services Division determines that trees should not be located in the street right-of-way. Response: This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. c. If the City of Renton determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-al- way line. Response: Noted d. The trees shall be owned and maintained by the abutting lot owners of the homeowners association or other workable organization unless the City of Renton has adopted a maintenance program. This shall be noted on the face of the final recorded plat. Response: The required note has been provided on the final plat. e. The species of trees shall be approved by the City of Renton Community & Economic Development Department if located within the right-of-way, and shall not include Poplar, Cottonwood, soft Maples, Gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Noted. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by the City of Renton Community & Economic Development prior to Engineering plan approval. Response: The required street tree plan and bond quantity sheet have been submitted and approved. g. The applicant shall contact Metro Service Planning at 206-684-1622 to determine if 116 Avenue SE is on a bus route. If 116 Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. Response: 116th Avenue is not on a Metro bus route. h. The street trees must be installed and inspected, or a performance bond posted to the recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after the Community & Economic Development Department has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: This condition shall be met by action taken by the developer. Oity of Renton Department of Community & Economic Development WOODBRIDGE LANE FINAL PLAT Fino/ Plat Report & Decision LUA14-001565, FP Page 10 of 10 i. A landscape inspection fee shall also be submitted prior to plat recording if the City of Renton fee schedule includes this fee at the time of recording. Response: All required fees will be paid prior to final plat recording 16. To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4- 130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. Response: The required tree retention plan has been submitted and approved by the City. 17. All future residences constructed within this subdivision (except those constructed on Lots 1 and 2) are required to be sprinklered (NFPA 13D) unless all portions of the exterior walls of structur_es will be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum, of 26 feet in width when parking is allowed on one side of the roadway and at least 32 feet in width when parking is permitted on both sides. Response: City of Renton requires 26' to allow for parking on one side with 20' unobstructed. 18. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquarnish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present Response: Noted. CONCLUSIONS: The Final Plat satisfies the conditions imposed by the preliminary plat process, and as amended via the minor amendments. RECOMMENDATION: The Hearing Examiner approves the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITIED THIS 23rd DAY OF March 2015 PLAN REVIEW COMMENTS LUA14-001565 Application Date: November 18, 2014 Name: Woodbridge Lane Site Address: 18417 116th Ave SE Renton, WA 98058-7166 Version 1 J February 24, 2015 Install all required street name signage. 2. Install 5 inch square blue fire hydrant reflector perpendicular to the new fire hydrant. 3. Fire hydrant is not in service. Provide confirmation from Soos Creek Water Department that water system has been placed in service and then remove black lastic ba from fire h drant. ......... . ''"°''"'''T'T'"''"'u'•'·~-,,, mHll''OOOOl"'llll"fllll~ ,, :T8C'ti°~-,c~.:ii!s~1~i~1i'i%e:11o-Mnrerfts-ti! M.J11 ~; ;;[l_,rn1 jh~l;1 L. ------,w--. -.,,,,, .. ,,., "'""" _ .. ~,~. . _,,,, .,. . -1lrn.~ J .. :Hlk111:L,. 3JLS0 Final Plali Bob Mac Onie 12/24/2014 Note the City of Renton land use action number, LUA14 001565 and the land record number LND10 0521, on all final plat submittal sheets. The type size used for the land record number should be smaller than that used for the land use action number. Note that the land use action number has a slightly different format than used in the past (one less dash and no "FP"). Review and revise as needed. Include a statement of equipment and procedures used, per WAC 332 130 100. Remove the DECLARATION OF COVENANT from page 1 of 4. Since plats are simultaneous conveyances it is not necessary. Note the addresses from the attached in the spaces already provided on Sheet 4 of 4. The "VICINITY MAP" of sheet 3 of 4 should include a north arrow. OY The year noted in the City of Renton approvals block (Sheet 1 of 4) needs updating. In fact, all the years included on Sheet 1 of 4 will need updating by the time said plat is approved and sent for recording in 2015. The Declaration of Covenants, Conditions and Restrictions document (attached to this submittal) needs to be referenced on the plat submittal and provide a space for the recording number thereof. Item Nos. 7, 8 and 9 (under NOTES AND RESTRICTIONS on Sheet 2 of 4) are not pertinent for the recording of this plat and should be removed from the plat submittal. Add the following statement to NOTES AND RESTRICTIONS on Sheet 2 of 4: "A 'Tract' is land reserved for specified uses, including, but not limited to reserve tracts, recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered building sites for the purposes of residential dwelling." Add the following statement to Item Nos. 5 and 6 (under NOTES AND RESTRICTIONS on Sheet 2 of 4) regarding Tracts 'E' & 'F', respectively: "In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract 'A' reviousl owned b the HOA and have the attendant financial and maintenance res onsibilities." Ran: April 21, 2015 Page 1 of 2 PLAN REVIEW COMMENTS LUA14-001565 ·---------- ENG -Final Plat Submittal Review Version 2 I Ran: April 21, 2015 Page 2 of 2 CITY OF RENTON COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT MAINTENANCE BOND ---------------·-------- Bond Number~'--''~·~· ~"~nu· _____ _ KNOW All MEN BY THESE PRESENTS; th.al we I \;;,hour I-fume.,. LLC ___ as Principal i:!nd Di:vclopt:L'i Surety :ind Indemnity Cornp:iny a corporation oq~anized and eKi.sting under the Laws of the State of_,clo'-'1c..1·,,_a ________ _ Surety are held and firmly bound unto THE CITY OF RENTON as Obligec, in the total ,um of Twn,.:y-On·.· T'.u;,J~Jnd S1·.,·cn H·,mdrcd '.'-1c·. ~·:i'._\ -Thr~ Do Pu:_.: and Five t_·,:111-~ \$ 2 l, /73. 05 ) dollars, for the payment of which, well and trul'r' to be made, the executors, administrators, succe'i.SOrs and as~fgn~, jointry and s.everalty1 firmty by these presents: for. _______________________________ _ NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy said wort free from defect, in materials and worl<mar\Shlp for a period of ., year(,) following completion, then this obligation sh.all be void otherwll<' It shal! remain in full force and effect. SIGNED, SEALED AND DATED th!s __ _1_~0_1 _day of __ ~l--'c~·h.cr~u.c:i~r-,'-'----20 l 5 H:Jrb JU llc11:1:::.~. l.l.C JJ)J~orgc ~l'lfnt'r-· Sccrc(J.r_y":'Trc~LSUJe1 sv._L::;:i;~ )~V~ta::0 Applicanr~ignat~r. ., -- ~·L-~··· l-14i /'-;. ;4th SLrcc:t Suite 200 Applicant's Address ,,.·c1• '"· \VA 9X 103 ------~--· -------------- City, State, Zip Code !">7;~· ·,·!1':,,._·r::; Sur~tv and Ind. c.:nna·tv -r:111:u:-: I ' . I - BY· //II! I,, '€_,///_ /,,:;, -!_' l'04A,//~--~~- ~ture of Bondlns Agent Elizabeth R. J le.hr:, Ntor.".cy :.~.-rac: Attach Power of Attorney Form to Bond Include contact information. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: April 21, 2015 TO: FROM: Gregg Zimmerman, Public Works Administrator Jan Illian x 7216 SUBJECT: WOODBRIDGE FINAL PLAT DRAWINGS FOR SIGNATURE LUA14-001565FP PARCEL# 3223059033 Gregg, Here are two sets of plat drawings for the Woodbridge Final Plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on April 10th, 2015. • All construction permit fees have been paid. • The impact fees will be paid at building permit issuance. • The inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:\projects\welman plat\plat to greg:g:.doc WOODBRIDGE FINAL PLAT LUA14-001565 1. As Built mylars submitted 2. As built street light mylars submitted. N/A PSE Lighting 3. Street lighting. N/A PSE Lighting 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable permit fees are paid 8. Planner approved final plat. Jennifer Henning 9. All wetland plans, construction issues approved 10. Technical Services recommends approval. Bob MacOnie 11. Check for courier 12. HOA and CRRs approved 13. Fire approval received 14. Two year Maintenance and Defect Bond in place 15. Water and Sewer is Soos Creek Water and Sewer District SOOS CREEK WATER & SEWER DISTIUCT 14616 S.E. 192nd St. • EO. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 f:£f!X (253) 6 -289 19 Z015 CJryOF PLA.,v,v,,vG RENroN D1v1s,o,v Certification of Sewer Availability for the Plat of: Welman Plat Soos Creek Water and Sewer District certifies herewith that the sewer system installed in the referenced plat has been accepted for maintenance and operation. Tftis sewer system has been incorporated into t!,e District's sewer system and service will be provided to the connecting properties on the same basis and under tfte same conditions as all other customers of tile sewer district. All lots/u11i1s wit/tin the plat of: Welman Plat now have sewer available by side sewer co1111ection. A side sewer permit must be obtained at tlte Soos Creek Waler and Sewer District office prior to connection. _ft,f"Ls~;b .. Ron Speer / c>iL District Ma11ager Tuesday, Ja11uary 20, 2015 Page 1 of/ www.sooscreek.com SOOS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • P.O. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 RECEIVED FEB 192015 CITY OF RE PLANNING NTON DIVISION Certification of Water Availability for the Plat of: Welman Plat Soos Creek Water and Sewer District certifies herewith that the water system installed in the referenced plat has been accepted for maintenance and operation. This water system ltas been incorporated into tlte District's water system and service will he provided to tlte com,ecting properties on tlte same basis tmd under the same conditions llS all other customers of the water district. All lots/units within tl1e plat of: Welman Plat now hllve water tlVllilllble by service co1mectwn. A Willer meter tlppliclltion must be obttlined Ill the Soos Creek Water and Sewer District office prior to connection. Ro~;r ~'c ----~- District Manager c*!l<, cc Local Fire Department Tuesday, Ja11ua,y 20, 2015 Page I of/ www.sooscreek.com 1 1 [ L) Department of Community and Economic Development C.E."Chip"Vincent,Administrator January 13, 2015 TO WHOM IT MAY CONCERN: 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 of these have been recorded and I am supplying a list on new parcel numbers with the new addresses. If the plat is not recorded (NR), 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 (NR) NE 7th North Short Plat NE 7'h East Short Plat NE 7'h West Short Plat Avana Trails AKA Fieldbrook Commons Cascade Greens Short Plat {NR) La Rosa Meadows Plat (NR) Limelight Short Plat (NR) Maplewood Park East (NR) Merlino Short Plat (NR) Renton 7 Short Plat (NR) Shattuck West Short Plat Stevens Point Short Plat (NR) Whitman Court Townhomes (NR) Sincerely, . .-, i Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #1:platadd 3307rtlord Short Plat (NR) NE 7 North Phase 2 (NR) Ne 7'h Middle Short Plat NE 24th 3 lot Short Plat (NR) Carpenter Short Plat (NR) Kline Stromberg Short Plat (NR) Lim Short Plat (NR) Lund Lotline Adjustment May Creek Court Short Plat (NR) Piper's Bluff Plat (NR) Rylee's Place Plat (NR) Sheldon Short Plat (NR) Woodebridge Lane Plat (NR) ZK Short Plat (NR) Renton City Hall • 1055 South Grady Way • Renton.Washington 98057 • rentonwa.gov WOODBRIDGE LANE '.3, '2 £._ ~ ~ 59 t13 '.3 A PORTION Of" THE NE. 1/4 OF THE SE. 1/4 SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.t.1., / , • L\ ~I/ .-O r-£5- CJTY OF RENTON, KING COUNTY, WASHNiCTON '-U rr-, y--. c....<.i"I" ~ cic;;,· LND-XX- ~ ... ~-...,..,.. --· 1J L --· SE. 184lH ST. iiir·~ ,u\.---· · ,nf< •.;:,:;I on...J.~~ "' ' :T 11.01 OT'tll"JIOfflllll~-- 1 _~ -1 r= 1 t I • . -I i •n. tr "'P'-~ TRACT f 1. ~~sr,iric, l ~ I I I '?:<I--17 '/; /k,..t_ S£ I~,~ . ~ I ., < •rs i: . .... ;~ L I I~= ,!! 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JJ;:..,..Lti_ City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Geonerco Properties WA, LLC Woodbridge Lane aka Welman ADDRESS: 1441 North 341 h Street, Suite 200 PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: 18417 1161 h Avenue SE, Renton 98055 CITY: Seattle ZIP: 98103 TELEPHONE NUMBER: 206-315-8130 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 3223059033 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Single Family Residential COMPANY (if applicable): PROPOSED LAND USE(S): Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) N/A EXISTING ZONING: TELEPHONE NUMBER: R-8 CONT ACT PERSON PROPOSED ZONING (if applicable): NIA NAME: Jamie Waltier SITE AREA (in square feet): 140,943 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): Geonerco Properties WA, LLC DEDICATED: 23,102 ADDRESS: 1441 North 341h Street, Suite 200 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle ZIP: 98103 ACRE (if applicable) NIA TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 21 -206-315-8130 jwaltier@harbourhomes.com NUMBER OF NEW DWELLING UNITS (if applicable): C: \U~crs \dthiessen \App Data \Local\M icrosoft\ Windows\ Temporary Internet Files \Content. Outlook \MN 714 KPK \mastera])p.doc -I - - P .. JJECT INFORMATION (continued) -----'------~------------ NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A D AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): N/A D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): N/A D SHORELINE STREAMS & LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A X WETLANDS 2,002 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach leaal descriotion on seoarate sheet with the followina information included! SITUATE IN THE SE QUARTER OF SECTION 32, TOWNSHIP 23N, RANGE 05E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) C"\<ic;f e, e_ [\ <1.\1 <L-:-, declare under penalty of pe~ury under the laws of the State of Washington that I am (plea check one) ..x_ the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that G.w'-' r ~e N;: C\: ''"I: JI' signed this instrument and acknowledge it to be his/her/their fr and voluntary act for the uses and purpose mentioned in the instrument. \ '5" .................. ... -D-a""'tel.ld...J-.,,!_/...0--,...,,.Q,,.i,",;.iioii';~\\~) I 1.-.• ,:,. I !~ ... OTAR" ~ " I " ' I : : -: ,. Not~ ~<:"in and for the State of Washington Notary (Print): Oo.\'\<( -1:1,¢;6(,Q Date \ \~ PUBLIC .,,i r/ ~~-..;:~ ..a~l \-vx~c,., 20 ;,:::-· My appointment expires: ---'/v_\(\,r_L_' \'\. __ 1:~o~~} __ O~lt2~)~-------- ",.,. ~ ~~n~···· ····~ ~· ,,,,,, ...... w,,..s ... ..,, .... ..._,,,,, ...... "'' C: \Users\dthiessen \App Data \Local\M icrosoft\W indows \ T empornry Internet Fi les\Content. Outlook\M N7 l 4 KPK \mastcrapp.doc -2 - EXHIBIT "A" Legal Description The east 383 feet of the north half of the Northeast Quarter of the Southeast Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the south 300 feet thereof; and Except the east 30 feet thereof for 116th Avenue Southeast, conveyed to King County by deed recorded under recording number 2698240. Subdivision Guarantee/Certificate Page 3 Printed: 10.23.14@ 01:26PM WA-CT -F NS E-02150. 6224 76-SP S-1-14-0026859-06 [111,111 November 11, 2014 Project No. 12016 City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: Woodbridge Lane Final Plat To Final Plat Reviewer: The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions as amended by Neil Watts, Director of City of Renton Development Services Division in the letter to Jamie Waltier of Harbour Homes, LLC, dated February 15, 2013. 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8- 110. The final plat has been prepared in compliance with cited code. 2. Original condition deleted. King County staff has been unable to provide any information on the content or intention of the referenced King County Council Motion No. 5952. Noted. 3. The plat shall comply with the King County base density (and minimum density) requirements of the R-8 zone classification in place in King County on March 26, 2006. All lots shall meet the minimum dimensional requirements of the applicable King County R-8 zone classification and shall generally as shown on the face of the approved preliminary plat, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Community & Economic Development Department. All future houses within the plot shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. The houses shall otherwise be in conformance with applicable vested King County setback requirements and other associated land use standards for development. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to F, i-.:. the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. The final plat has been prepared in conformance with the preliminary plat and meets the density and dimensional requirement of the R-8 zone classification. (King County) 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. The approved construction plans have been prepared in accordance with required standards. This condition will be met by the completion of construction of the site improvements, as shown on the approved plans. 5. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Applicant has obtained approval of the City of Renton Fire Marshal. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual and applicable updates adopted by King County. City of Renton Community & Economic Development Department approval of the drainage and roadway plans is required prior to any construction. The approved storm drainage plans have been prepared in compliance with the required codes. b. Standard plan notes as listed in the 2005 KCSWM shall be shown on the engineering plans. The approved engineering plans include the required notes. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." The required note is included on the final plat. d. The drainage facilities shall meet the requirements of the 2005 King County Surface Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the KCSWDM. The approved storm drainage plans have been prepared in compliance with the cited requirements. e. Drainage adjustment L07V0085 was approved for this project, All conditions of approval for this adjustment shall be met prior to engineering plan approval. This condition has been satisfied with approval of the engineering plans. f. To implement the required Best Management Practices (BMPs) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMPs for site development. The approved engineering plans and Technical Information Report have been prepared in compliance with the applicable standards. Appropriate notes/restrictions have been included on the final plat. 7. The following road improvements are required to be constructed in lieu of the original King County street standards: a. The internal access road (115th Place SE) shall be improved with 26 feet of paving, vertical curbs and gutters on both sides, a six foot planting strip and a five foot side walk. The new right-of-way width shall be a minimum of 37 feet in width. The planting strip and sidewalk shall be on the east side of the street, and parking shall be limited to only the east side of the street. This condition will be met by the completion of construction, as shown on the approved construction plans. b. Future driveway widths for the plat must meet current City of Renton standards, with a maximum width of nine feet for a single car width garage and 18 feet for a double car width garage, Driveways shall be configured to allow for a maximum number of on street parking spaces between the new driveways. The developer has opted to improve the westerly extension of SE 184th Street to the urban one-half street standard. This condition will be met by the completion of construction, as shown on the approved construction plans. c. The dead-end of 1151h Place SE shall be improved with a cul-de-sac, with a minimum radius of 50 feet dedicated right-of-way and paved width of 43 feet. A minimum five foot sidewalk is required along the northerly and easterly portion of the cul-de-sac extended through the west side of proposed Lot 13. The sidewalk within the cul-de-sac area only may be adjacent to the new curb, and rolled curb shall be used in the cul-de-sac area only. This condition will be met by the completion of construction, as shown on the approved engineering plans. d. The project entryway frontage along SE 184th Street shall be improved with 20 feet of pavement with a 30 right-of-way dedication. A vertical curb and five foot sidewalk is required on the south side of the street. The north side of the pavement shall be a thickened edge, not extruded curb. This condition will be met by the completion of construction, as shown on the approved engineering plans. e. The frontage improvements along 1161h Ave SE shall include a new vertical curb and gutter 22 feet from centerline of the right-of-way. An eight foot planting strip (from face of curb to edge of sidewalk) and five foot concrete sidewalk are also required. These improvements will require dedication of a minimum of five (5) feet of additional right-of-way. The radius improvements at the intersection with SE 184th St must be per City of Renton requirements, along with any associated right-of-way dedication for the radius. This condition will be met by the completion of construction, as shown on the approved engineering plans. The ownership and maintenance responsibilities have been assigned on the final plat. f. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. No variances to the road standards were employed in the preparation of the engineering plans. 8. All utilities within proposed rights-of-way must be built and approved per RMC 4-7- 200 prior to final plat recording. This condition shall be met by action taken by the developer and the City of Renton. 9. The applicant shall pay the Renton Transportation Mitigation fee or Impact Fee in place at time of required payment. The current transportation mitigation fee requires full payment prior to recording of the plat. If the new transportation impact fees are adopted prior to recording of the plat, the applicant shall pay those newly adopted fees at the time stipulated in the newly adopted impact fee regulations. The appropriate fees will be paid before recording of the plat. 10. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. The required 50% shall be paid by the developer prior to recording the final plat. A note regarding the remaining 50% has been included on the final plat. 11. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. The appropriate note has been included on the final plat. 12. The proposed subdivision shall comply with the Critical Areas Code as outlined in UCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of critical areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. All plans have been prepared in compliance with the cited code. Prior to construction the critical area boundaries were marked and temporary construction fencing installed. As shown on the final plat, the boundary of the critical tract will be marked with permanent survey markers, signs will be installed by the developer prior to final plat approval. a. The Category IV wetland, less than 2,500 square feet, shall have a 50 foot buffer as shown on the preliminary site plans. The buffer maybe reduced to 25 feet provided the remaining buffer area is enhanced with native vegetation. Buffers and enhancements shall be per the approved wetland mitigation plans. b. The impacts to Critical Areas and buffers may be allowed for the construction of proposed Road 'A' and retention/detention pond provided a final mitigation plan is submitted during engineering review. Construction techniques to minimize impacts to critical areas and buffer shall be considered during final road design. Techniques may include the use of retaining walls within the right-of-way. Wetland mitigation plans have been prepared and approved by the City. c. The wetland and buffer shall be placed in Critical Area Tracts (CAT) for long- term protection. A four-foot high split railed fence or similar shall be installed along the CAT boundary. Critical Area signs, one per lot on those lots that abut the CAT, shall be installed on or near the fence. The tract has been provided on the final plat. The required fencing and signs will be installed by the developer prior to final plat approval. d. A 15' building set back line (BSBL) is required from the edge of Critical Area Tracts and shall be shown on all affected lots. The required building setback line is shown on the final plat. e. Impacts to wetlands may require approval/permits from other review agencies. It will be the applicant's responsibility to obtain approvals from other review agencies and submit the approvals/permits during engineering review. This condition has been met by action by the developer. All required approvals have been obtained. f. Prior lo construction or clearing activities on site the CAT boundaries shall be clearly marked with orange construction fencing or similar, and shown on the engineering plans. The fencing shall remain in place until all clearing or construction is completed. The critical area boundaries were marked and temporary construction fencing installed. The developer shall maintain the temporary fencing throughout construction and install the permanent four-foot high split railed fence or similar prior to final plat approval. g. The engineering plans shall be submitted and reviewed by the City of Renton Community & Economic Development staff. Engineering plans have been approved by the City. h. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL, AREAS AND BUFFERS Dedication of a critical area tracUcritical area and buffer conveys to the public a beneficial interest in the land within the tracUcritical area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The critical area tracUcritical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tracUcritical area and buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the tracUcritical area and buffer. The vegetation within the tracUcritical area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Renton Community & Economic Development Department or its successor agency, unless otherwise provided by law. The common boundary between the tracUcritical area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Renton Community & Economic Development Department prior to any clearing, grading, building construction or other development activity on a lot subject to the critical area tracUcritical area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. The required note is shown on the final plat. 13.A suitable recreation space shall be provided within the combined drainage/ recreation tract. The recreation space may be placed above the vault. The recreation area must be accessible and consistent with the requirements of KCC 21A. 14.180 and KCC 21A.14.190 (i.e., sport court[s), children's play equipment, picnic table[s), benches, etc.) and landscaping of KCC 21A.16, In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant opts to provide suitable recreation space onsite, then the following conditions must be met. a. A detailed recreation space plan (i.e., landscape specs consistent with 21A.14 and KCC 21A.16) shall be submitted for review and approval by the City of Renton Community & Economic Development Department and City of Renton Parks Department concurrent with the submittal of the engineering plans. This plan shall include location, area calculations, dimensions, finished grades, access to underground vault (access grate) and general improvements, i.e., landscaping, fencing, and trail. The required plans have been submitted and approved by the City. b. All landscaping shall be maintained in good condition and be irrigated. The landscape plan shall include the method of irrigation. This condition shall be met by action taken by the developer. 14. A homeowners' association or other workable organization shall be established, to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). This condition shall be met by action taken by the developer. 15. Street trees shall be provided as follows: a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE 184th Place. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Standards, unless the City of Renton Development Services Division determines that trees should not be located in the street right-of-way. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. c. If the City of Renton determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Noted. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the City of Renton has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been provided on the final plat. e. The species of trees shall be approved by the City of Renton Community & Economic Development Department if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Noted. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by the City of Renton Community & Economic Development Department prior to engineering plan approval. The required street tree plan and bond quantity sheet have been submitted and approved. g. The applicant shall contact Metro Service Planning at 206-684-1622 to determine if 1161h Avenue SE is on a bus route. If 116 Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. 116th Avenue is not on a Metro bus route h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after the City of Renton Community & Economic Development Department has completed a second inspection and determined that the trees have been kept healthy and thriving, This condition shall be met by action taken by the developer. 1. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. All required fees will be paid prior to final plat recording 16. To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4-130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4- 130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. The required tree retention plan has been submitted and approved by the City. 17. All future residences constructed within this subdivision (except those constructed on Lots 1 and 2) are required to be sprinklered (NFPA 130) unless all portions of the exterior walls of structures will be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 26 feet in width when parking is allowed on one side of the roadway, and at least 32 feet in width when parking is permitted on both sides. City of Renton requires 26' to allow for parking on one side with 20' unobstructed. 18. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present. Noted. I trust this will satisfy the City's Final Plat submittal requirement Sincerely ours, D. R. \j/JIUag Eagiaoora lac Stephen J. Schrei, PLS Senior Project Surveyor SJS/lcs R.\2012\0\12016\2\Documents\Final Plat\L 12016_ 141103_ City Of Renton(R).Doc Steve Schrei From: Sent: To: Cc: Subject: Hi Jan, Maher Joudi Monday, November 10, 2014 2:59 PM Jan Illian Steve Schrei (steve.schrei@drstrong.com); Dane Thiessen Welman Final Plat submittal Irrigation Plans I understand that there was a question about why we marked "N/A" under irrigation plans on the checklist. The project does not have any irrigation plans; none were submitted nor requested during the review so none exist for the project. Please confirm that the "N/ A" designation is acceptable. Thanks for the help Jan. tin0 D.R. STRONG Consulting Engineers Inc. CIVIL ENGINEERS PLANNERS SURVEYORS Please Note: Maher A. Joudi, P.E. Principal, Sr. Vice President 620 7th Avenue Kirkland, WA 98033 Office: (425) 827-3063 Cell: (206) 948-7002 Fax: (425) 827-2423 The information in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual(s) named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error1 please notify the sender and delete the material from any computer. Thank you. 1 Tuesday, September 2, 2013 City of Renton Jan Illian, Karen Kittrick Development Services 1055 South Grady Way Renton, WA 98055 King County Water District No. 90 15606 South East 128th Street Renton, Washington 98059-4540 Phone: 425-255-9600 Fax: 425-277-4128 RE: Substantial Completion of Water Mains and Hydrants and Fire Flow -Piper's Bluff -1166 Hoquiam Ave SE Renton WA 98059 This letter is to inform you that King County Water District NO. 90 has reviewed the Piper's Bluff Water System and found that the water mains and all appurtenances are installed, operational and installed to the District specifications. The water system can supply over 1000 gpm for duration of more than two hours If you have any questions on this matter, please give me a call. Sincerely, Joshua Deraitus Operations Manager, KCWD 90 cc: John Peterson, Conner Homes Adrain Waalk, JR Hayes \\kcwd90.1ocal\data\CompanyData\Engineering\Developer fa1ensions\Substantial Complction\Pipcrs Bluff Substantial Completion 9- 2-14.doc 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. 140,943 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: 23,102 square feet __ square feet 14,448 square feet 2. 37,550 square feet 3. 103,393 square feet 4. 2.3736 acres 5. 21 units/lots 6. Divide line 5 by line 4 for net density: 6. 8.85 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. ' R:\20l2\0\12016\2\Documents\Final Plat\density.doc -I -03/08 WOODBRIDGE LANE FINAL PLAT LOT CLOSURES DRS PROJECT NO. 12016 PREPARED BY SJS 8/5/14 D.R. STRONG CONSUL TING ENGINEERS 620 7TH AVENUE KIRKLAND, WA. 98033 LOT SUB-1 OF BLOCK 1, TYPE:: LOT PNT# Bearing Distance Northing Easting Station 10000 159872.440 1305505.422 0.00 N 88°50'20" w 1312.40 10001 159899.035 1304193.293 1312.40 N 01°49'07" E 1382.90 10002 161281.238 1304237.178 2695.30 s 89°39'25" E 1321. 79 10003 161273.326 1305558.948 4017.09 s 02°11'17" w 1401. 91 10000 159872.440 1305505.422 5419.00 Closure Error Distance> 0.0045 Error Bearing> N 19°25'38" E Closure Precision> 1 in 1193118.2 Total Distance> 5419.00 LOT AREA: 1833434 SQ FT OR 42.1 ACRES Page 22 of 54 LOT SUB-2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10001 159899.035 1304193.293 0.00 N 88°50'20" w 1312.40 10004 159925.629 1302881.164 1312.40 N 01°26'19" E 1363.95 10005 161289.150 1302915.408 2676.35 s 89°39'25" E 1321. 79 10002 161281.238 1304237.178 3998.14 s 01°49'07" w 1382.90 10001 159899.035 1304193.293 5381.04 Closure Error Distance> 0.0086 Error Bearing> N 68°03'27" E Closure Precision> 1 in 624766.6 Total Distance> 5381.04 LOT AREA: 1808664 SQ FT OR 41.5 ACRES Page 23 of 54 LOT SUB-3 PNT# Bearing 10002 OF BLOCK 1, TYPE: LOT Distance Northing 161281. 238 10005 10006 10007 10002 N 89°39'25" W N 01°26'19" E N 89°32'11" E s 01°49'07" w 1321. 79 1363.95 1331.45 1382.90 161289.150 162652.671 162663.442 161281.238 Easting 1304237.178 Station 0.00 1302915.408 1321.79 1302949.652 2685.74 1304281.063 4017.20 1304237.178 5400.10 Closure Error Distance> 0.0055 Error Bearing> S 41°46'09" E Closure Precision> 1 in 980547.4 Total Distance> 5400.10 LOT AREA: 1821170 SQ FT OR 41.8 ACRES Page 24 of 54 LOT SUB-4 PNT# Bearing 10008 OF BLOCK 1, TYPE: LOT Distance Northing 161973.769 10009 10007 300 10008 s 89°56'18" w N 01°49'07" E N 89°32'11" E s 02°11'17" w 1326.59 691.45 1331.45 700.95 161972.340 162663.442 162674.212 161973.769 Easting 1305585. 711 Stat.ion 0.00 1304259.120 1326.59 1304281.063 2018.04 1305612.474 3349.50 1305585.711 4050.45 Closure Error Distance> 0.0085 Error Bearing> S 08°40'41" E Closure Precision> 1 in 479090.7 Total Distance> 4050.45 LOT AREA: 924533 SQ FT OR 21.2 ACRES Page 25 of 54 LOT SUI3-5 PNT# Bearing 10003 OF BLOCK 1, TYPE: LOT Distance Northing 161273.326 10002 10009 10008 10003 N 89°39'25" W N 01°49'07" E N 89°56'18" E s 02°11'17" w 1321. 79 691.45 1326.59 700.95 161281. 238 161972.340 161973.769 161273.326 Easting 1305558.948 Station 0.00 1304237.178 1321.79 1304259.120 2013.24 1305585.711 3339.83 1305558.948 4040.79 Closure Error Distance> 0.0065 Error Bearing> S 43°40'53" W Closure Precision> 1 in 624728.5 Total Distance> 4040.79 LOT AREA: 921407 SQ FT OR 21.2 ACRES Page 26 of 54 LOT BOUNDARY PNT# Bearing 509 OF BLOCK 1, TYPE: LOT Distance Northing 162273.369 508 507 506 N 89°56'18" E N 02°11'17" E s 89°32'11" w s 02°11'17" w 353.27 400.51 353.38 398.03 162273.749 162673.969 162671.111 Easting 1305213.879 Station 0.00 1305567.151 353.27 1305582.443 753.78 1305229.076 1107.16 509 162273.369 1305213.879 1505.19 Closure Error Distance> 0.0041 Error Bearing> N 76°32'13'' E Closure Precision> 1 in 370486.6 Total Distance> 1505.19 LOT AREA: 140943 SQ FT OR 3.2 ACRES Page 27 of 54 LOT CENTERLINE PNT# Bearing 10010 OF BLOCK 1, TYPE: LOT Distance Northing 162273.782 10011 10012 10013 N 02°11'17" E s 89°32 '11" w s 89°32'11" w S 02°11'20" W 385.71 30.03 111.63 192.68 162659.207 162658.964 162658.061 Easting Station 1305597.174 0.00 1305611.901 385.71 1305581.869 415.74 1305470.241 527.37 10014 162465.526 1305462.881 720.05 Radius: 50.00 Length: 72.75 Chord: 66.50 Delta: 83°22'05" Chord BRG: S 43°52'23'' W Rad-In: N 87°48'40" W Rad-Out: N 04°26'35" W Radius Pt: 10015 162467.436,1305412.918 Tangent: 44.52 Dir: Right Tangent-In: S 02°11'20'' W Tangent-Out: S 85°33'25" W Tangential-In Tangential-Out 10016 162417.586 1305416.791 792.80 10017 10018 10019 10020 10021 509 508 10010 S 85°33'25" W S 66°34'46" W s 89°56'17" w S 02°11'17" W S 02°11'17" W S 02°11'17" W N 89°56'18" E N 89°56'18" E 54.64 50.00 97.97 40.03 40.03 40.03 353.27 30.02 162413.354 162393.480 162393.374 162353.372 162313.370 162273.369 162273.749 162273.782 1305362.315 847.44 1305316.435 897.44 1305218.464 995.41 1305216.936 1035.44 1305215.407 1075.47 1305213.879 1115.50 1305567.151 1468.77 1305597.174 1498.80 Closure Error Distance> 0.0027 Error Bearing> S 31°52'20" W Closure Precision> 1 in 565074.7 Total Distance> 1498.80 LOT AREA: 86696 SQ FT OR 2.0 ACRES Page 28 of 54 Lot Report Lot File: R:\2012\0\12016\2\Carlson\MAPCHECKS.lot CRD File: R:\2012\0\12016\2\Carlson\12016.crd LOT ROW-DEDICATI OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 508 162273.749 1305567.151 N 02°11'17" E 400.51 507 162673.969 1305582.443 s 89°32'11" w 130.15 10022 162672.916 1305452.295 s 02°11'20" w 20.02 10023 162652.909 1305451. 530 s 02°11'20" w 50.73 10024 162602.221 1305449.593 s 02°11'20" w 47.04 10025 162555.219 1305447.796 s 02°11'20" w 47.04 10026 162508.217 1305446.000 s 02°11'20" w 56.50 Fri Jun 13 16:48:37 2C Station 0.00 400.51 530.66 550.69 601.41 648.45 695.48 10027 162451. 758 1305443.842 751.98 Radius: 28.00 Length: 52.13 Chord: 44.92 Delta: 106°40'33" Chord BRG: S 84°07'23" W Rad-In: N 59°12'54'' W Rad-Out: N 47°27'39'' E Radius Pt: 10028 162466.089,1305419.787 Tangent: 37.62 Dir: Right Tangent-In: S 30°47'06" W Tangent-Out: N 42°32'21'' W Non Tangential-In Non Tangential-Out 10029 162447.158 1305399.156 804.12 Radius: 50.00 Length: 44.45 Chord: 43.00 Delta: 50°56'06" Chord BRG: N 68°00'23'' W Rad-In: S 47°27'40" W Rad-Out: S 03°28'26" E Radius Pt: 10017 162413.354,1305362.315 Tangent: 23.81 Dir: Left Tangent-In: N 42°32'20'' W Tangent-Out: S 86°31'34" W Non Tangential-In Tangential-Out 10033 162463.262 1305359.286 848.56 Radius: 50.00 Length: 39.75 Chord: 38.71 Delta: 45°32'55'' Chord BRG: S 63°45'07'' W Rad-In: S 03°28'26" E Rad-Out: S 49°01'20'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 20.99 Dir: Left Tangent-In: S 86°31'34'' W Tangent-Out: S 40°58'40'' W Tangential-In Tangential-Out 10037 162446.142 1305324.567 888.31 Radius: 50.00 Length: 20.14 Chord: 20.00 Delta: 23°04'26'' Chord BRG: S 29°26'27" W Rad-In: S 49°01'20" E Rad-Out: S 72°05'46" E Radius Pt: 10017 162413.354,1305362.315 Tangent: 10.21 Dir: Left Tangent-In: S 40°58'40" W Tangent-Out: S 17°54'14" W Tangential-In Tangential-Out 10041 162428.725 1305314.736 908.45 Radius: 50.00 Length: 36.06 Chord: 35.29 Delta: 41°19'27" Chord ERG: S 02°45'30" E Rad-In: S 72°05'46'' E Rad-Out: N 66°34'46" E Radius Pt: 10017 162413.354,1305362.315 Tangent: 18.86 Dir: Left Tangent-In: S 17°54'14'' W Tangent-Out: S 23°25'14'' E Tangential-In Tangential-Out 10018 162393.480 1305316.435 944.51 Radius: 50.00 Length: 2.83 Chord: 2.83 Delta: 03°14'32'' Chord BRG: S 25°02'30'' E Rad-In: N 66°34'46" E Rad-Out: N 63°20'14'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 1.42 Dir: Left Tangent-In: S 23°25'14'' E Tangent-Out: S 26°39'46" E Page 1 of 4 Tangential-In Tangenti Out 10048 162390.917 1305317.632 947.34 Radius: 50.00 Length: 26.45 Chord: 26.14 Delta: 30°18'33'' Chord ERG: S 41°49'02'' E Rad-In: N 63°20'14'' E Rad-Out: N 33°01'42'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 13.54 Dir: Left Tangent-In: S 26°39'46'' E Tangent-Out: S 56°58'18" E Tangential-In Tangential-Out 10052 162371.434 1305335.063 973.79 Radius: 50.00 Length: 37.00 Chord: 36.16 Delta: 42°23'47'' Chord ERG: S 78°10'12'' E Rad-In: N 33'01'42'' E Rad-Out: N 09'22'06'' W Radius Pt: 10017 162413.354,1305362.315 Tangent: 19.39 Dir: Left Tangent-In: S 56°58'18" E Tangent-Out: N 80'37'54'' E Tangential-In Non Tangential-Out 10056 162364.021 1305370.454 1010.79 N 02'11'17" E 6.66 10057 162370.671 1305370.708 1017.44 Radius: 43.50 Length: 30.78 Chord: 30.15 Delta: 40°32'53'' Chord BRG: N 58°36'05" E Rad-In: N 11'07'29" W Rad-Out: N 51°40'22'' W Radius Pt: 10017 162413.354,1305362.315 Tangent: 16.07 Dir: Left Tangent-In: N 78°52'31" E Tangent-Out: N 38°19'38'' E Non Tangential-In Tangential-Out 10058 162386.377 1305396.440 1048.23 Radius: 34.50 Length: 19.13 Chord: 18.89 Delta: 31°46'08" Chord BRG: N 54°12'43" E Rad-In: S 51°40'22'' E Rad-Out: S 19°54'13'' E Radius Pt: 10059 162364.982,1305423.505 Tangent: 9.82 Dir: Right Tangent-In: N 38'19'38" E Tangent-Out: N 70°05'47'' E Tangential-In Tangential-Out 10061 162397.421 1305411.760 1067.36 Radius: 34.50 Length: 8.43 Chord: 8.41 Delta: 14°00'15'' Chord BRG: N 77'05'54'' E Rad-In: S 19°54'13'' E Rad-Out: S 05°53'58'' E Radius Pt: 10059 162364.982,1305423.505 Tangent: 4.24 Dir: Right Tangent-In: N 70°05'47'' E Tangent-Out: N 84°06'02" E Tangential-In Tangential-Out 10063 162399.299 1305419.959 1075.79 Radius: 68.50 Length: 30.34 Chord: 30.09 Delta: 25'22'32" Chord BRG: N 71'24'46'' E Rad-In: N 05°53'58'' W Rad-Out: N 31°16'30" W Radius Pt: 10015 162467.436,1305412.918 Tangent: 15.42 Dir: Left Tangent-In: N 84°06'02'' E Tangent-Out: N 58°43'30" E Tangential-In Tangential-Out 10065 162408.890 1305448.479 1106.13 Radius: 68.50 Length: 27.03 Chord: 26.86 Delta: 22°36'38" Chord BRG: N 47°25'11" E Rad-In: N 31°16'30'' W Rad-Out: N 53°53'08" W Radius Pt: 10015 162467.436,1305412.918 Tangent: 13.69 Dir: Left Tangent-In: N 58°43'30'' E Tangent-Out: N 36°06'52" E Tangential-In Tangential-Out 10067 162427.062 1305468.255 1133.16 Radius: 68.50 Length: 33.36 Chord: 33.03 Delta: 27°54'22'' Chord BRG: N 22°09'41'' E Rad-In: N 53°53'08" W Rad-Out: N 81°47'30'' W Radius Pt: 10015 162467.436,1305412.918 Tangent: 17.02 Dir: Left Tangent-In: N 36°06'52'' E Tangent-Out: N 08°12'30'' E Tangential-In Tangential-Out 10069 162457.656 1305480.716 1166.52 Radius: 68.50 Length: 7.20 Chord: 7.19 Delta: 06°01'09" Chord BRG: N 05°11'55'' E Rad-In: N 81°47'30" W Rad-Out: N 87°48'40'' W Radius Pt: 10015 162467.436,1305412.918 Tangent: 3.60 Dir: Left Tangent-In: N 08°12'30'' E Tangent-Out: N 02°11'20'' E Page 2 of 4 Tangential-In Tangentia~-Out 10071 10072 10073 10074 N 02°11'20" E N 02°11'20" E N 02°11'20" E N 02°11'20" E 39.87 47.04 40.03 25.80 162464.820 162504.659 162551. 661 162591. 662 1305481.368 1173.72 1305482.891 1213.59 1305484.687 1260.62 1305486.216 1300.65 10075 162617.446 1305487.202 1326.46 Radius: 27.00 Length: 41.16 Chord: 37.29 Delta: 87°20'51" Chord BRG: N 45°51'46" E Rad-In: S 87°48'40" E Rad-Out: S 00°27'49'' E Radius Pt: 10076 162616.415,1305514.182 Tangent: 25.78 Dir: Right Tangent-In: N 02°11'20" E Tangent-Out: N 89°32'11" E Tangential-In Tangential-Out 10077 162643.414 1305513.964 1367.62 N 89°32'11" E 36.14 10078 162643.707 1305550.107 1403.76 Radius: 25.00 Length: 40.43 Chord: 36.16 Delta: 92°39'06'' Chord BRG: S 44°08'16'' E Rad-In: S 00°27'49" E Rad-Out: N 87°48'43'' W Radius Pt: 10079 162618.707,1305550.309 Tangent: 26.18 Dir: Right Tangent-In: N 89°32'11'' E Tangent-Out: S 02°11'17'' W Tangential-In Tangential-Out 10080 162617.753 1305575.291 1444.19 10081 10082 10083 10084 10085 10086 10087 10088 508 S 02°11'17" W S 02°11'17" W S 02°11'17" W S 02°11'17" W S 02°11'17" W S 02°11'17" W S 02°11'17" W S 02°11'17" W 26. 01 40.03 47.04 47.04 47.04 47.04 40.03 50.04 N 89°56'18" E 5.00 162591.757 162551. 755 162504.754 162457.752 162410.750 162363.748 162323.746 162273.744 162273.749 1305574.298 1470.20 1305572.770 1510.24 1305570.974 1557.27 1305569.178 1604.31 1305567.382 1651.34 1305565.586 1698.38 1305564.058 1738.41 1305562.147 1788.45 1305567.151 1793.45 Closure Error Distance> 0.0171 Error Bearing> N 10°22'57'' E Closure Precision> 1 in 104906.6 Total Distance> 1793.45 LOT AREA: 23102 SQ FT OR 0.5 ACRES Page 3 of 4 ' Lot Report Lot File: R:\2012\0\12016\2\Carlson\MAPCHECKS.lot CRD F'ile: R:\2012\0\12016\2\Carlson\12016.crd LOT 1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10024 162602.221 1305449.593 s 89°56'18" w 90.00 10124 162602.124 1305359.593 N 02°11'17" E 50.09 10126 162652.181 1305361.506 N 89°32'11" E 90.03 10023 162652. 909 1305451. 530 s 02°11'20" w 50.73 10024 162602.221 1305449.593 Closure Error Distance> 0.0081 Error Bearing> N 13°45'05" Closure Precision> 1 in 34542.2 Total Distance> 280.85 LOT AREA: 4533 SQ FT OR 0 .1 ACRES Page 1 of 54 Fri Jun 13 16:05:02 2[ Station 0.00 90.00 140.09 230.12 280.85 w LOT 2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10025 162555.219 1305447.796 0.00 s 89°56'18" w 85.00 10136 162555.127 1305362.796 85.00 N 02°11'17" E 47.04 10125 162602.129 1305364.591 132.04 N 89°56'18" E 85.00 10024 162602.221 1305449.593 217.04 s 02°11'20" w 47.04 10025 162555.219 1305447.796 264.07 Closure Error Distance> 0.0007 Error Bearing> S 87°48'41" E Closure Precision> 1 in 385978.8 Total Distance> 264.07 LOT AREA: 3995 SQ FT OR 0.1 ACRES Page 2 of 54 LOT 3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10026 162508.217 1305446.0QO 0.00 s 89°56'18" w 85.00 10135 162508.125 1305361.000 85.00 N 02°11'17" E 47.04 10136 162555.127 1305362.796 132.04 N 89°56'18" E 85.00 10025 162555.219 1305447.796 217.04 s 02°11'20" w 47.04 10026 162508.217 1305446.000 264.07 Closure Error Distance> 0.0007 Error Bearing> s 87°48'41" E Closure Precision> 1 in 385976.7 Total Distance> 264.07 LOT AREA: 3995 SQ FT OR 0.1 ACRES Page 3 of 54 LOT 4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10027 162451.758 1305443.842 0.00 Radius: 28.00 Length: 52.13 Chord: 44.92 Delta: 106°40'33" Chord BRG: S 84°07'23" W Rad-In: N 59°12'54'' W Rad-Out: N 47°27'39" E Radius Pt: 10028 162466.089,1305419.787 Tangent: 37.62 Dir: Right Tangent-In: S 30°47'06" W Tangent-Out: N 42°32'21" W Non Tangential-In Non Tangential-Out 10029 162447.158 1305399.156 52.13 Radius: SO.OD Length: 44.45 Chord: 43.00 Delta: 50°56'06'' Chord BRG: N 68°00'23" W Rad-In: S 47°27'40" W Rad-Out: S 03°28'26'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 23.81 Dir: Left Tangent-In: N 42°32'20'' W Tangent-Out: S 86°31'34'' W Non Tangential-In Non Tangential-Out 10033 162463.262 1305359.286 96.58 N 02°11'17" E 44.90 10135 162508.125 1305361.000 141. 4 8 N 89°56'18" E 85.00 10026 162508.217 1305446.000 226.48 s 02°11'20" w 56.50 10027 162451.758 1305443.842 282.98 Closure Error Distance> 0.0045 Error Bearing> s 21°34'15" w Closure Precision> 1 in 63403.7 Total Distance> 282.98 LOT AREA: 4971 SQ FT OR 0.1 ACRES Page 4 of 54 LOT 5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10033 162463.262 1305359.286 0.00 Radius: 50.00 Length: 39.75 Chord: 38.71 Delta: 45°32'55" Chord BRG: S 63°45'07'' W Rad-In: S 03°28'26'' E Rad-Out: S 49°01'20'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 20.99 Dir: Left Tangent-In: S 86°31'34'' W Tangent-Out: S 40°58'40'' W Non Tangential-In Non Tangential-Out 10037 162446.142 1305324.567 39.75 N 34°54'14" W 56.35 10134 162492.356 1305292.323 96.10 Radius: 25.00 Length: 5.83 Chord: 5.82 Delta: 13°22'16" Chord BRG: N 33°20'12'' E Rad-In: N 49°58'40'' W Rad-Out: N 63°20'56'' W Radius Pt: 10116 162508.433,1305273.178 Tangent: 2.93 Dir: Left Tangent-In: N 40°01'20'' E Tangent-Out: N 26°39'04" E Non Tangential-In Tangential-Out 10115 162497.219 1305295.522 101.93 N 26°39'04" 10114 N 19°38'53" 10113 N 62'56'57" 10112 N 89°05'18" 10111 E 13.18 E 18.76 E 10.14 E 21. 4 6 162509.002 162526. 671 162531. 281 162531.623 1305301.435 115.12 1305307.744 133.88 1305316.771 144.02 1305338.232 165.48 Radius: 25.00 Length: 37.92 Chord: 34.39 Delta: 86°54'00" Chord BRG: N 45'38'18'' E Rad-In: N 00°54'42" W Rad-Out: N 87°48'42" W Radius Pt: 10110 162556.619,1305337.834 Tangent: 23.68 Dir: Left Tangent-In: N 89°05'18'' E Tangent-Out: N 02'11'18'' E Tangential-In Non Tangential-Out 10109 162555.665 1305362.816 203.40 S 02°11'17" W 92.47 10033 162463.262 1305359.286 295.87 Closure Error Distance> 0.0015 Error Bearing> N 22°18'07" W Closure Precision> 1 in 199362.7 Total Distance> 295.87 LOT AREA: 4391 SQ FT OR 0.1 ACRES Page 5 of 54 LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10037 162446.142 1305324.567 0.00 Radius: 50.00 Length: 20.14 Chord: 20.00 Delta: 23°04'26" Chord BRG: S 29°26'27" W Rad-In: S 49°01'20'' E Rad-Out: S 72°05'46'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 10.21 Dir: Left Tangent-In: S 40°58'40'' W Tangent-Out: S 17°54'14" W Non Tangential-In Non Tangential-Out 10041 162428.725 1305314.736 20.14 10133 10132 N 65°25'13" W S 89°56'17" W N 02°11'17" E 11.40 84.38 75.31 162433.467 162433.375 1305304.369 31.54 1305219.992 115.91 10120 162508.633 1305222.868 191.23 Radius: 25.00 Length: 39.52 Chord: 35.53 Delta: 90°35'00'' Chord BRG: S 44°46'14" E Rad-In: S 89°28'44'' E Rad-Out: N 00°03'43'' W Radius Pt: 10119 162508.406,1305247.867 Tangent: 25.26 Dir: Left Tangent-In: S 00°31'16'' W Tangent-Out: N 89°56'17'' E Non Tangential-In Tangential-Out 10118 162483.406 1305247.894 230.75 N 89°56'17'' E 25.31 10117 162483.433 1305273.205 256.06 Radius: 25.00 Length: 21.78 Chord: 21.10 Delta: 49°54'57" Chord BRG: N 64°58'48'' E Rad-In: N 00°03'43'' W Rad-Out: N 49°58'40'' W Radius Pt: 10116 162508.433,1305273.178 Tangent: 11.64 Dir: Left Tangent-In: N 89°56'17" E Tangent-Out: N 40°01'20'' E Tangential-In Non Tangential-Out 10134 162492.356 1305292.323 277.84 S 34°54'14'' E 56.35 10037 162446.142 1305324.567 334.19 Closure Error Distance> 0.0064 Error Bearing> S 66°49'01'' E Closure Precision> 1 in 52090.1 Total Distance> 334.19 LOT AREA: 4893 SQ FT OR 0.1 ACRES Page 6 of 54 LOT 7 OF PNT# Bearing 10018 s 89°56'17" w 10019 N 02°11'17" E 10132 N 89°56'17" E 10133 s 65°25'13" E BLOCK 1, TYPE: Distance 97.97 40.03 84.38 11. 40 LOT Northing 162393.480 162393.374 162433.375 162433.467 Easting 1305316.435 1305218.464 1305219.992 1305304.369 Station 0.00 97.97 138.00 222.38 10041 162428.725 1305314.736 233.78 Radius: 50.00 Length: 36.06 Chord: 35.29 Delta: 41°19'27" Chord BRG: S 02°45'30" E Rad-In: S 72°05'46" E Rad-Out: N 66°34'46" E Radius Pt: 10017 162413.354,1305362.315 Tangent: 18.86 Dir: Left Tangent-In: S 17°54'14" W Tangent-Out: S 23°25'14" E Non Tangential-In 10018 162393.480 1305316.435 269.84 Closure Error Distance> 0.0061 Error Bearing> N 36°00'30'' W Closure Precision> 1 in 44331.8 Total Distance> 269.84 LOT AREA: 3749 SQ FT OR 0.1 ACRES Page 7 of 54 LOT 8 OF PNT# Bearing 10091 s 02°11'17" w 10090 s 89°56'18" w 10020 N 02°11'17" E 10019 N 89°56'17" E BLOCK 1, TYPE: Distance 10.32 87.07 40.03 97. 97 LOT Northing 162363.775 162353.466 162353.372 162393.374 Easting 1305304.397 1305304.003 1305216.936 1305218.464 Station 0.00 10.32 97.38 137.41 10018 162393.480 1305316.435 235.38 Radius: 50.00 Length: 2.83 Chord: 2.83 Delta: 03°14'32" Chord BRG: S 25°02'30'' E Rad-In: N 66°34'46'' E Rad-Out: N 63°20'14" E Radius Pt: 10017 162413.354,1305362.315 Tangent: 1.42 Dir: Left Tangent-In: S 23°25'14'' E Tangent-Out: S 26°39'46" E Non Tangential-In Non Tangential-Out 10048 162390.917 1305317.632 238.21 s 42°12'00'' w 5.85 10093 162386.582 1305313.701 244.07 Radius: 36.00 Length: 25.14 Chord: 24.63 Delta: 40°00'43'' Chord BRG: S 22°11'39" W Rad-In: S 47°48'00" E Rad-Out: S 87°48'43" E Radius Pt: 10092 162362.400,1305340.370 Tangent: 13.11 Dir: Left Tangent-In: S 42°12'00'' W Tangent-Out: S 02°11'17" W Tangential-In 10091 162363.775 1305304.397 269.21 Closure Error Distance> 0.0026 Error Bearing> N 29°19'04'' E Closure Precision> 1 in 102837.3 Total Distance> 269.21 LOT AREA: 3617 SQ FT OR 0.1 ACRES Page 8 of 54 LOT 9 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10107 162313.471 1305308.479 0.00 s 89°56'18" w 93.07 10021 162313.370 1305215.407 93.07 N 02°11'17" E 40.03 10020 162353.372 1305216.936 133.10 N 89°56'18" E 93.07 10108 162353.472 1305310.007 226.17 s 02°11'17" w 40.03 10107 162313.471 1305308.479 266.21 Closure Error Distance> 0.0000 Total Distance> 266.21 LOT AREA: 3723 SQ FT OR 0.1 ACRES Page 9 of 54 LOT 10 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10131 162273.491 1305326.966 0.00 s 89°56'18" w 113.09 509 162273.369 1305213.879 113.09 N 02°11'17" E 40.03 10021 162313.370 1305215.407 153.12 N 89°56'18" E 113.09 10106 162313.492 1305328.494 266.21 s 02°11'17" w 40.03 10131 162273.491 1305326.966 306.24 Closure Error Distance> 0.0000 Total Distance> 306.24 LOT AREA: 4523 SQ FT OR 0 .1 ACRES Page 10 of 54 LOT 11 PNT# Bearing 10130 OF BLOCK 1, TYPE: LOT Distance Northing 162273.534 S 89°56'18" W Easting 1305366.997 Station 0.00 10131 40.03 89.36 162273.491 1305326.966 40.03 N 02°11'17" E 10095 162362.782 1305330.378 129.39 Radius: 10.00 Length: 6.98 Chord: 6.84 Delta: 40°00'43" Chord ERG: N 22°11'39'' E Rad-In: S 87°48'43" E Rad-Out: S 47°48'00" E Radius Pt: 10092 162362.400,1305340.370 Tangent: 3.64 Dir: Right Tangent-In: N 02°11'17'' E Tangent-Out: N 42°12'00'' E Tangential-In Tangential-Out 10094 162369.117 1305332.962 136.37 N 42°12'00" E 3.13 10052 162371.434 1305335.063 139.50 Radius: 50.00 Length: 37.00 Chord: 36.16 Delta: 42°23'47" Chord ERG: S 78°10'12'' E Rad-In: N 33°01'42" E Rad-Out: N 09°22'06" W Radius Pt: 10017 162413.354,1305362.315 Tangent: 19.39 Dir: Left Tangent-In: S 56°58'18" E Tangent-Out: N 80°37'54" E Non Tangential-In Non Tangential-Out 10056 162364.021 1305370.454 176.50 S 02°11'17" W 90.55 10130 162273.534 1305366.997 267.05 Closure Error Distance> 0.0072 Error Bearing> S 23°10'15" W Closure Precision> 1 in 37137.6 Total Distance> 267.05 LOT AREA: 3693 SQ FT OR 0.1 ACRES Page 11 of 54 LOT 12 PNT# Bearing 10129 OF BLOCK 1, TYPE: LOT Distance Northing 162273.577 10130 S 8°9°56'18" W N 02'11'17" E 40.03 97.21 162273.534 Easting 1305407.028 Station 0.00 1305366.997 40.03 10057 162370.671 1305370.708 137.24 Radius: 43.50 Length: 30.78 Chord: 30.15 Delta: 40°32'53'' Chord ERG: N 58°36'05" E Rad-In: N 11°07'29" W Rad-Out: N 51°40'22" W Radius Pt: 10017 162413.354,1305362.315 Tangent: 16.07 Dir: Left Tangent-In: N 78°52'31'' E Tangent-Out: N 38°19'38" E Non Tangential-In Tangential-Out 10058 162386.377 1305396.440 168.02 Radius: 34.50 Length: 19.13 Chord: 18.89 Delta: 31°46'08" Chord ERG: N 54°12'43'' E Rad-In: S 51°40'22'' E Rad-Out: S 19'54'13'' E Radius Pt: 10059 162364.982,1305423.505 Tangent: 9.82 Dir: Right Tangent-In: N 38°19'38'' E Tangent-Out: N 70°05'47" E Tangential-In Non Tangential-Out 10061 162397.421 1305411.760 187.15 S 02°11'17" W 123.93 10129 162273.577 1305407.028 311.09 Closure Error Distance> 0.0136 Error Bearing> S 36°42'05'' W Closure Precision> 1 in 22944.0 Total Distance> 311.09 LOT AREA: 4363 SQ FT OR 0.1 ACRES Page 12 of 54 LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10128 162273.620 1305447.058 0.00 s 89°56'18" w 40.03 10129 162273.577 1305407.028 40.03 N 02°11'17" E 123. 93 10061 162397.421 1305411. 760 163.97 Radius: 34.50 Length: 8.43 Chord: 8.41 Delta: 14°00'15" Chord BRG: N 77°05'54" E Rad-In: S 19°54'13" E Rad-Out: S 05°53'58" E Radius Pt: 10059 162364.982,1305423.505 Tangent: 4.24 Dir: Right Tangent-In: N 70°05'47'' E Tangent-Out: N 84°06'02'' E Non Tangential-In Tangential-Out 10063 162399.299 1305419.959 172.40 Radius: 68.50 Length: 30.34 Chord: 30.09 Delta: 25°22'32'' Chord BRG: N 71°24'46'' E Rad-In: N 05°53'58'' W Rad-Out: N 31°16'30'' W Radius Pt: 10015 162467.436,1305412.918 Tangent: 15.42 Dir: Left Tangent-In: N 84°06'02'' E Tangent-Out: N 58°43'30'' E Tangential-In Non Tangential-Out 10065 162408.890 1305448.479 202.74 S 28°04'04" E 4.73 10103 162404.718 1305450.704 207.46 Radius: 10.00 Length: 5.28 Chord: 5.22 Delta: 30°15'21" Ch.ord BRG: S 12°56'23" E Rad-In: S 61°55'56" W Rad-Out: N 87°48'43" W Radius Pt: 10102 162400.012,1305441.880 Tangent: 2.70 Dir: Right Tangent-In: S 28°04'04" E Tangent-Out: S 02°11'17'' W Tangential-In Tangential-Out 10101 162399.631 1305451.873 212.74 s 02°11'17" w 126.10 10128 162273.620 1305447.058 338.85 Closure Error Distance> 0.0038 Error Bearing> N 03°17'09'' E Closure Precision> 1 in 89949.5 Total Distance> 338.85 LOT AREA: 5150 SQ FT OR 0.1 ACRES Page 13 of 54 LOT 14 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10088 162273.744 1305562.147 0.00 s 89°56'18" w 115.09 10128 162273.620 1305447.058 115.09 N 02°11'17" E 50.04 10097 162323.622 1305448.969 165.13 N 89°56'18" E 115.09 10087 162323.746 1305564.058 280.22 s 02°11'17" w 50.04 10088 162273.744 1305562.147 330.25 Closure Error Distance> 0.0000 Total Distance> 330.25 LOT AREA: 5754 SQ FT OR 0 .1 ACRES Page 14 of 54 LOT 15 OF BLOCK l, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10087 162323.746 1305564.058 0.00 s 89°56'18" w 95.07 10096 162323.644 1305468.984 95.07 N 02°11'17" E 40.03 10099 162363.645 1305470.513 135.10 N 89°56'18" E 95.07 10086 162363.748 1305565.586 230.18 s 02°11'17" w 40.03 10087 162323.746 1305564.058 270.21 Closure Error Distance> 0.0000 Total Distance> 270.21 LOT AREA: 3803 SQ FT OR 0.1 ACRES Page 15 of 54 LOT 16 PNT!t Bearing 10086 OF BLOCK 1, TYPE: LOT Distance Northing 162363.748 s 89°56'18" w Easting 1305565.586 Station 0.00 10100 89.07 35.01 162363.652 1305476.517 89.07 N 02°11'17" E 10105 162398.638 1305477.854 124.08 Radius: 36.00 Length: 12.18 Chord: 12.12 Delta: 19°22'39" Chord BRG: N 07°30'02" W Rad-In: N 87°48'43" W Rad-Out: S 72°48'38" W Radius Pt: 10102 162400.012,1305441.880 Tangent: 6.15 Dir: Left Tangent-In: N 02°11'17'' E Tangent-Out: N 17°11'22" W Tangential-In Non Tangential-Out 10127 162410.651 1305476.272 136.26 N 89°56'18" E 91.11 10085 162410.750 1305567.382 227.37 s 02°11'17" w 47.04 10086 162363.748 1305565.586 274.40 Closure Error Distance> 0.0031 Error Bearing> N 26°59'55" E Closure Precision> 1 in 89333.6 Total Distance> 274.40 LOT AREA: 4194 SQ FT OR 0.1 ACRES Page 16 of 54 LOT 17 PNT# Bearing 10085 OF BLOCK 1, TYPE: LOT Distance Northing 162410. 750 S 89°56'18" W 91. 11 Easting 1305567.382 Station 0.00 10127 162410.651 1305476.272 91.11 Radius: 36.00 Length: 6.84 Chord: 6.82 Delta: 10°52'42" Chord BRG: N 22°37'43" W Rad-In: S 72°48'38" W Rad-Out: S 61°55'56" W Radius Pt: 10102 162400.012,1305441.880 Tangent: 3.43 Dir: Left Tangent-In: N 17°11'22'' W Tangent-Out: N 28°04'04" W Non Tangential-In Tangential-Out 10104 162416.951 1305473.647 97.94 N 28°04'04" W 11. 46 10067 162427.062 1305468.255 109.40 Radius: 68.50 Length: 33.36 Chord: 33.03 Delta: 27°54'22" Chord BRG: N 22°09'41" E Rad-In: N 53°53'08'' W Rad-Out: N 81°47'30'' W Radius Pt: 10015 162467.436,1305412.918 Tangent: 17.02 Dir: Left Tangent-In: N 36°06'52" E Tangent-Out: N 08°12'30'' E Non Tangential-In Non Tangential-Out 10069 162457.656 1305480.716 142.77 N 89° 56' 18" E 88.46 10084 162457.752 1305569.178 231.23 s 02°11'17" w 47.04 10085 162410.750 1305567.382 278.26 Closure Error Distance> 0.0118 Error Bearing> N 12°58'43" E Closure Precision> 1 in 23672.6 Total Distance> 278.26 LOT AREA: 4396 SQ FT OR 0.1 ACRES Page 17 of 54 LOT 18 PNT# Bearing 10084 Or BLOCK 1, TYPE: LOT Distance Northing 162457.752 s 89°56'18" w 88.46 10069 162457.656 Easting 1305569.178 Station 0.00 1305480.716 88.46 Radius: 68.50 Length: 7.20 Chord: 7.19 Delta: 06°01'09'' Chord BRG: N 05°11'55" E Rad-In: N 81°47'30'' W Rad-Out: N 87°48'40'' W Radius Pt: 10015 162467.436,1305412.918 Tangent: 3.60 Dir: Left Tangent-In: N 08°12'30" E Tangent-Out: N 02°11'20" E Non Tangential-In Tangential-Out 10071 162464.820 1305481.368 95.66 N 02°11'20" E 39. 87 10072 162504.659 1305482.891 135.53 N 89°56'18" E 88.08 10083 162504.754 1305570.974 223.61 s 02°11'17" w 47.04 10084 162457.752 1305569.178 270.65 Closure Error Distance> 0.0051 Error Bearing> N 19°30'12" E Closure Precision> 1 in 53384.5 Total Distance> 270.65 LOT AREA: 4141 SQ rT OR 0.1 ACRES Page 18 of 54 LOT 19 PNT# Bearing 10083 OF BLOCK 1, TYPE: LOT Distance Northing 162504.754 10072 10073 10082 10083 s 89°56'18" w N 02°11'20" E N 89°56'18" E s 02°11'17" w 88.08 47.04 88.08 47.04 162504.659 162551.661 162551.755 162504.754 Easting 1305570.974 Station 0.00 1305482.891 88.08 1305484.687 135.12 1305572.770 223.20 1305570.974 270.24 Closure Error Distance> 0.0007 Error Bearing> N 87°48'41" w Closure Precision> 1 in 394987.0 Total Distance> 270.24 LOT AREA: 4140 SQ FT OR 0.1 ACRES Page 19 of 54 LOT 20 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10082 162551. 755 1305572.770 0.00 s 89°56'18" w 88.08 10073 162551. 661 1305484.687 88.08 N 02°11'20" E 40.03 10074 162591. 662 1305486.216 128.11 N 89°56'18" E 88.08 10081 162591. 757 1305574.298 216.19 s 02°11'17" w 40.03 10082 162551. 755 1305572.770 256.23 Closure Error Distance> 0.0006 Error Bearing> N 87°48'41" w Closure Precision> 1 in 440089.4 Total Distance> 256.23 LOT AREA: 3523 SQ FT OR 0.1 ACRES Page 20 of 54 LOT 21 OF PNT# Bearing 10080 s 02°11'17" w 10081 s 89°56'18" w 10074 N 02°11'20" E BLOCK 1, TYPS: Distance 26.01 88.08 25.80 LOT Northing 162617.753 162591. 757 162591. 662 Easting 1305575.291 1305574.298 1305486.216 Station 0.00 26. 01 114.10 10075 162617.446 1305487.202 139.90 Radius: 27.00 Length: 41.16 Chord: 37.29 Delta: 87°20'51'' Chord BRG: N 45°51'46'' E Rad-In: S 87°48'40'' E Rad-Out: S 00°27'49'' E Radius Pt: 10076 162616.415,1305514.182 Tangent: 25.78 Dir: Right Tangent-In: N 02°11'20" E Tangent-Out: N 89°32'11" E Tangential-In Tangential-Out 10077 162643.414 1305513.964 181.06 N 89°32'11" E 36.14 10078 162643.707 1305550.107 217.21 Radius: 25.00 Length: 40.43 Chord: 36.16 Delta: 92°39'06" Chord BRG: S 44°08'16'' E Rad-In: S 00°27'49" E Rad-Out: N 87°48'43'' W Radius Pt: 10079 162618.707,1305550.309 Tangent: 26.18 Dir: Right Tangent-In: N 89°32'11" E Tangent-Out: S 02°11'17" W Tangential-In 10080 162617.753 1305575.291 257.63 Closure Error Distance> 0.0073 Error Bearing> S 47°44'21" E Closure Precision> 1 in 35396.0 Total Distance> 257.63 LOT AREA: 4277 SQ FT OR 0.1 ACRES Page 21 of 54 LOT TRACT A PNT# Bearing 10089 OF BLOCK 1, TYPE: LOT Distance Northing 162353.494 10090 S 89°56'18" W N 02°11'17" E 26. 02 10.32 162353.466 Easting 1305330.023 Station 0.00 1305304.003 26.02 10091 162363.775 1305304.397 36.34 Radius: 36.00 Length: 25.14 Chord: 24.63 Delta: 40°00'43'' Chord BRG: N 22°11'39'' E Rad-In: S 87°48'43'' E Rad-Out: S 47°48'00'' E Radius Pt: 10092 162362.400,1305340.370 Tangent: 13.11 Dir: Right Tangent-In: N 02°11'17" E Tangent-Out: N 42°12'00" E Tangential-In Tangential-Out 10093 162386.582 1305313.701 61.48 N 42°12'00'' E 5.85 10048 162390.917 1305317.632 67.33 Radius: 50.00 Length: 26.45 Chord: 26.14 Delta: 30°18'33'' Chord BRG: S 41°49'02'' E Rad-In: N 63°20'14'' E Rad-Out: N 33°01'42'' E Radius Pt: 10017 162413.354,1305362.315 Tangent: 13.54 Dir: Left Tangent-In: S 26°39'46'' E Tangent-Out: S 56°58'18'' E Non Tangential-In Non Tangential-Out 10052 162371.434 1305335.063 93.78 S 42°12'00" W 3.13 10094 162369.117 1305332.962 96.90 Radius: 10.00 Length: 6.98 Chord: 6.84 Delta: 40°00'43" Chord BRG: S 22°11'39" W Rad-In: S 47°48'00" E Rad-Out: S 87°48'43" E Radius Pt: 10092 162362.400,1305340.370 Tangent: 3.64 Dir: Left Tangent-In: S 42°12'00" W Tangent-Out: S 02°11'17'' W Tangential-In Tangential-Out 10095 162362.782 1305330.378 103.89 S 02°11'17'' W 9.29 10089 162353.494 1305330.023 113.18 Closure Error Distance> 0.0080 Error Bearing> S 33°48'50" E Closure Precision> 1 in 14141.2 Total Distance> 113.18 LOT AREA: 759 SQ FT OR 0.0 ACRES Page 34 of 54 LOT TRACT B PNT# Bearing 10106 OF BLOCK l, TYPE: LOT Distance Northing 162313.492 10107 10108 10089 10106 s 89°56'18" w N 02°11'17" E N 89°56'18" E s 02°11'17" w 20.02 40.03 20.02 40.03 Closure Error Distance> 0.0000 Total Distance> 120.09 LOT AREA: 801 SQ FT OR 0.0 ACRES 162313.471 162353.472 162353.494 162313.492 Page 35 of 54 Easting Station 1305328.494 0.00 1305308.479 20.02 1305310.007 60.05 1305330.023 80.06 1305328.494 120.09 LOT TRACT C OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10096 162323.644 1305468.984 0.00 s 89°56'18" w 20.02 10097 162323.622 1305448.969 20.02 N 02°11'17" E 40.03 10098 162363.624 1305450.497 60.05 N 89°56'18" E 20.02 10099 162363.645 1305470.513 80.06 s 02°11'17" w 40.03 10096 162323.644 1305468.984 120.09 Closure Error Distance> 0.0000 Total Distance> 120.09 LOT AREA: 801 SQ FT OR 0.0 ACRES Page 36 of 54 LOT TRACT D PNT# Bearing 10100 OF BLOCK 1, TYPE: LOT Distance Northing 162363.652 S 89°56'18" W 26.02 36.03 10098 162363.624 N 02°11'17'' E Easting 1305476.517 Station 0.00 1305450.497 26.02 10101 162399.631 1305451.873 62.05 Radius: 10.00 Length: 5.28 Chord: 5.22 Delta: 30°15'21'' Chord BRG: N 12'56'23" W Rad-In: N 87°48'43" W Rad-Out: S 61°55'56" W Radius Pt: 10102 162400.012,1305441.880 Tangent: 2.70 Dir: Left Tangent-In: N 02°11'17" E Tangent-Out: N 28°04'04" W Tangential-In Tangential-Out 10103 162404.718 1305450.704 67.33 N 28°04'04'' W 4.73 10065 162408.890 1305448.479 72.06 Radius: 68.50 Length: 27.03 Chord: 26.86 Delta: 22°36'38'' Chord BRG: N 47'25'11'' E Rad-In: N 31°16'30'' W Rad-Out: N 53°53'08" W Radius Pt: 10015 162467.436,1305412.918 Tangent: 13.69 Dir: Left Tangent-In: N 58'43'30" E Tangent-Out: N 36°06'52" E Non Tangential-In Non Tangential-Out 10067 162427.062 1305468.255 99.09 S 28'04'04" E 11.46 10104 162416.951 1305473.647 110.55 Radius: 36.00 Length: 19.01 Chord: 18.79 Delta: 30°15'21'' Chord BRG: S 12°56'23'' E Rad-In: S 61°55'56'' W Rad-Out: N 87°48'43" W Radius Pt: 10102 162400.012,1305441.880 Tangent: 9.73 Dir: Right Tangent-In: S 28°04'04" E Tangent-Out: S 02'11'17" W Tangential-In Tangential-Out 10105 162398.638 1305477.854 129.56 S 02°11'17" W 35.01 10100 162363.652 1305476.517 164.58 Closure Error Distance> 0.0025 Error Bearing> S 54°46'25" W Closure Precision> 1 in 66309.7 Total Distance> 164.58 LOT AREA: 1426 SQ FT OR 0.0 ACRES Page 37 of 54 LOT TRACT E OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10124 162602.124 1305359.593 0.00 N 89°56'18" E 5.00 10125 162602.129 1305364.591 5.00 s 02°11'17" w 1. 91 10123 162600.221 1305364.519 6.91 s 89°32'38" w 114.07 10122 162599.314 1305250.449 120.98 N 00°27'22" w 71.97 10121 162671. 279 1305249.877 192.95 N 89°32'11" E 202.43 10022 162672.916 1305452.295 395.37 s 02°11'20" w 20.02 10023 162652.909 1305451.530 415.39 s 89°32'11" w 90.03 10126 162652.181 1305361.506 505.42 s 02°11'17" w 50.09 10124 162602 .124 1305359.593 555.52 Closure Error Distance> 0.0100 Error Bearing> s 44°58'04" w Closure Precision> 1 in 55823.3 Total Distance> 555.52 LOT AREA: 9780 SQ FT OR 0.2 ACRES Page 38 of 54 :'...OT TRACT F OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10109 162555.665 1305362.816 0.00 Radius: 25.00 Length: 37.92 Chord: 34.39 Delta: 86°54'00" Chord BRG: S 45°38'18" W Rad-In: N 87°48'42" W Rad-Out: N 00°54'42'' W Radius Pt: 10110 162556.619,1305337.834 Tangent: 23.68 Dir: Right Tangent-In: S 02°11'18'' W Tangent-Out: S 89°05'18'' W Tangential-In Tangential-Out 10111 162531.623 1305338.232 37.92 s 89°05'18" 10112 s 62°56'57" 10113 s 19°38'53" 10114 s 26°39'04" 10115 w w w w 21. 4 6 10.14 18.76 13.18 162531. 281 162526.671 162509.002 1305316.771 59.38 1305307.744 69.52 1305301.435 88.28 162497.219 1305295.522 101.46 Radius: 25.00 Length: 27.61 Chord: 26.23 Delta: 63°17'13'' Chord BRG: S 58°17'40'' W Rad-In: N 63°20'56'' W Rad-Out: N 00°03'43" W Radius Pt: 10116 162508.433,1305273.178 Tangent: 15.41 Dir: Right Tangent-In: S 26°39'04" W Tangent-Out: S 89°56'17'' W Tangential-In Tangential-Out 10117 162483.433 1305273.205 129.08 S 89°56'17" W 25.31 10118 162483.406 1305247.894 154.39 Radius: 25.00 Length: 39.52 Chord: 35.53 Delta: 90°35'00'' Chord BRG: N 44°46'14" W Rad-In: N 00°03'43" W Rad-Out: S 89°28'44'' E Radius Pt: 10119 162508.406,1305247.867 Tangent: 25.26 Dir: Right Tangent-In: S 89°56'17'' W Tangent-Out: N 00°31'16'' E Tangential-In Non Tangential-Out 10120 162508.633 1305222.868 193.91 506 10121 10122 10123 10109 N 02°11'17" E N 89°32'11" E S 00°27'22" E N 89°32'38" E S 02°11'17" W 162. 60 20.80 71. 97 114.07 44.59 162671.111 162671. 279 162599.314 162 600. 221 162555.665 1305229.076 356.51 1305249.877 377.31 1305250.449 449.28 1305364.519 563.35 1305362.816 607.94 Closure Error Distance> 0.0020 Error Bearing> N 44°05'46'' W Closure Precision> 1 in 303831.7 Total Distance> 607.94 LOT AREA: 14448 SQ FT OR 0.3 ACRES BLOCK 1 TOTAL AREA: 7677790 SQ FT OR 176.3 ACRES Page 39 of 54 After Recording Return to: Harbour Homes, LLC c/o Geonerco Management, TLC Attn: John Baringer 1441 North 34'h Street, Suite 200 Seattle, WA 98103 DOCUMENT TITLE:DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF WOODBRIDGE LANE GRANTOR: HARBOUR HOMES, LLC GRANTEE: WOODBRIDGE LANE HOMEOWNERS ASSOCIATION AND THE PUBLIC LEGAL DESCRIPTION: LOTS 1 THROUGH 21, WOODBRIDGE LANE PARCEL NUMBERS: After Recording Return to: Harbour Homes, LLC c/o Geonerco Management, LLC Attn: John Baringer 1441 North 34th Street, Suite 200 Seattle, WA 98103 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF WOODBRIDGE LANE 2 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF WOODBRIDGE LANE THIS DECLARATION is made on the date set forth below by Harbour Homes, LLC, a Washington limited liability company ("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE I DEFINITIONS I.I Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanmgs: 1.1.1 "Association" shall mean Woodbridge Lane Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 3 1.1.3 "Bylaws" shall refer to the Bylaws of the Woodbridge Lane Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1. 7 "Declarant" shall mean and refer to Harbour Homes, LLC and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "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 date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 4 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder ofa Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four ( 4) adults who are legally unrelated. 1.1.1 7 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.18 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOTS I THROUGH 21, INCLUSIVE, OF WOODBRIDGE LANE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES AND RECORDS OF COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER ________ _ SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON s Private Tracts: Tract A is a private access tract owned and maintained by the owners of lots 8, 9 and 10. Tract Bis a Private Access Tract owned and maintained by the Owners of Lots 9 and 10. Tract C is a Private Access Tract owned and maintained by the Owners of Lots 14 and 15. Tract D is a Private Access Tract owned and maintained by the Owners of Lots 14, 15 and 16. Common Areas: Tract Eis a private storm drainage and recreation tract owned and maintained by the Association. The City of Renton has a drainage easement over said tract. Tract F is a critical area tract owned and maintained by the Association ARTICLE3 WOODBRIDGE LANE HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one(!) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (I) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (I) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any 6 meeting. In the absence of such advice, the Lot's vote shall he suspended in the event more than one (1) Person seeks io exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (I) nor more than five (5) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, 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 7 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 ASSOCIATION, THE ACC, 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 JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY 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. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance ofreal and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' 8 fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duly of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the 9 Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lol pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lol in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment 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. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4. 7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 10 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved ofliability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such I .ot to a Person other than Declarant. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. 4.12 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by the first Owner to the working capital of the Association in an amount equal to _______ _ Dollars ($ . This amount shall be in addition to, not in lieu of, the annual assessment and shall not be considered advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLES MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or 11 maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Tract A is a private access tract owned and maintained by the owners of lots 8, 9 and I 0. Tract B is a Private Access Tract owned and maintained by the Owners of Lots 9 and I 0. Tract C is a Private Access Tract owned and maintained by the Owners of Lots 14 and 15. Tract D is a Private Access Tract owned and maintained by the Owners of Lots 14, 15 and 16. In the event Tracts A, B, C and Dare not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain Tracts A, Band Cat such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association 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. 5.4 Owner's Responsibility. Except as provided in Sections 5. I, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs 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. 12 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Further Restrictions on Common Areas. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly 13 increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3 .5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3 .1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,500 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six ( 6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3 .6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the 14 exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3. 7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or a Residential Developer, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.4 Existing Residence. Intentionally omitted 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6. J No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 15 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight ( 48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (]) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6. 7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of armoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of armoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 16 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might dishlfb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for secmity purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refmbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device ( collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one meter or less. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation 17 and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the ACC. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights ( except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 18 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE? INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7 .1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit ofat least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. 19 Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7 .1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by tl1e Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements oftl1e Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 20 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction -Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like marmer at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the marmer described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 21 7.6 Damage and Destruction -Insnred by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7. 7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLES CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9 .1 .1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 22 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS l 0.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 23 I 0.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; I 0.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof; or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10 .1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affinnative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 24 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. IfDeclarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Constrnction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant' s express written consent. 10.6 Easement for Maintenance of Retaining Walls. There is hereby reserved to all lot owners within the Community an easement for ingress and egress across the adjoining lots for maintenance of any retaining wall and all structures therein. 25 ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association 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 reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) 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 therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3. I This Declaration may be amended unilaterally at any time and from time to time by Declarant (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 26 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 and/or 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. 11.3 .2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners ofat least seventy-five percent (75%) of the Total Association Vote and the consent ofDeclarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 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. 11. 7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 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 27 the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association ( except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director 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 officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval ofDeclarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to 28 unilaterally annex additional property to the C01rununity) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given lo it expressly by this Declaration, the Bylaws, the Articles ofincorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with !he overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association 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 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this_ day of ______ , 2014. DECLARANT: Harbour Homes, LLC By:--------------- Justin Harman Vice President 29 Stale of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that Justin Hannan is the person who appeared before me, and said person acknowledged that he signed this instrnment, on oath stated that he was authorized to execute the instrnment and acknowledged it as the Vice President of Harbour Homes, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrnment. (Seal Or Stamp) Dated: __________ _ Notary Public in and for the State of Washington Residing at: ________ _ Printed Name: -------- My Appointment Expires ___ _ 30 CHICAGO TITLE COMPANY OF WASHTh'GTON Steve Schrei D.R. Strong Consulting 10604 N.E. 38th Place, #101 Kirkland, WA 98033 SUPPLEMENT NO. 1 Title Officer: Commercial I Unit 6 Property: SW Comer of SE 184th Street and 116th Avenue SE Renton, WA 98058 Borrower(s): Geonerco Properties WA LLC, a Washington Limited Liability Company Seller(s): Order No.: 0026859-06 The above numbered report with an Effective Date of November 10, 2014 including any supplements or amendments thereto, is hereby modified and/or supplemented in order to reflect the following: The effective date is amended as follows: The Effective Date of October 16, 2014 is hereby amended to be: November 10, 2014 at 08:00AM For title inquiries, please contact the issuing office: Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Supplemental Date: November 17. 2014 Countersigned By: Authorized Officer or Agent Supplemental SSCORPD5190.doc I Updated: 02.27.14 Phone: Fax: Email: Page 1 (206)628-5610 (206)628-9717 CTISEA TitleUnit6@ctt.com Printed: 11.17.14@00:04AMbyMH -0026859-06 • SUBDIVISION Guarantee/Certificate Number: Issued By: CHICAGO TITLE INSURANCE COMPANY 0026859-06 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Geonerco Properties WA LLC, a Washington Limited Liability Company herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago Title Insurance Company By: Attest: President Secretary Printed: 10.23.14@ 01:26PM WA-CT -FN SE-02150 .622476-S PS-1-14-0026859--06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0026859-06 Liability $1,000.00 ISSUING OFFICE: Title Officer: Commercial / Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 981 04 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6(<l)ctt.com SCHEDULE A Premium $350.00 Effective Date: October 16, 2014 at 12:00AM The assurances referred to on the face page are: Tax $33.25 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Geonerco Properties WA LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Printed: 10.23.14@ 01:26PM WA-CT -FNSE-02150. 622476-S PS-1-14-0026859-06 EXHIBIT "A" Legal Description The east 383 feet of the north half of the Northeast Quarter of the Southeast Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the south 300 feet thereof; and Except the east 30 feet thereof for 116th Avenue Southeast, conveyed to King County by deed recorded under recording number 2698240. Subdivision Guarantee/Certificate Page 3 Printed: 10.23.14@01:26PM WA-CT -FNS E-02150 .622476-SPS-1-14-0026859-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B Subdivision Guarantee/Certificate Page4 GUARANTEE/CERTIFICATE NO. 0026859-06 Printed: 10.23.14@01:26PM WA~CT ~F N SE~02150. 62247S-.S PS-1 * 14-0026859-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0026859-06 SPECIAL EXCEPTIONS SCHEDULE B (continued) 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Energy, Inc. Utility systems for gas and electricity January 21, 2014 20140121000698 Portion of said premises as described in said instrument 2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 322305-9033-02 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: $445,000.00 $36,000.00 Billed: Paid: Unpaid: $7,028.61 $7,028.61 $ 0.00 3. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $1,751,780.00 May 12, 2014 Trustor/Grantor: Trustee: Geonerco Properties WA LLC, a Washington Limited Liability Company Northwest Financial Corporation Beneficiary: Banner Bank Loan No.: 14005925 Recording Date: May 21, 2014 Recording No.: 20140521001009 4. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Subdivision Guarantee/Certificate Page 5 Printed: 10.23.14@01:26PM WA-CT -FNSE-02150. 6224 76-SPS-1-14-0026859-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0026859-06 Note A: Note B: SCHEDULE B (continued) Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Por of SE 1/4 of 32-23-05. Tax Account No.: 322305-9033-02 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 10.23.14@ D1:26PM WA-CT-F NSE-02150 .6224 76-S PS-1-14-0026859-06 Page6 WOODBRIDGE LANE FINAL PLAT Title Documents Chicago Title Insurance Company Subdivision Guarantee Order No. 0026859-06 Dated October 16, 2014 DRS PROJECT NO. 12016 D.R. STRONG CONSUL TING ENGINEERS 620 7th Ave. Kirkland, WA. 98033 -~ RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 / EST .06W Bellevue, WA 98009-9734 + PUGET SOUND ENERGY REFERENCE#: \1111111111111111 20140121000698 plJGET SOUND EN EAS 74 ·0& pFl(;E-1111 OF 1113 01/21/2014 10/J.0 KING COUNTY, EASEMENT ORIGINAL GRANTOR (Owner): GEONERCO PROPERTIES WA, LLC. GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SE 1/4, Seel 32, Twp. 23 N., Rng. 5 E., W.M., King County ASSESSOR'S PROPERTY TAX PARCEL: 322305-9033 20140121000698.001 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GEONERCO PROPERTIES WA, LLC., a Washington limited liability company ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation if'SE' herein), for the purposes described below, a nonexclusive perpetual easement over, under, along aaoss and through the foDowlng described real property (the 'Property" herein) in King County, Washington: THE EAST 383 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; ExCEPT THE SOUTH 300 FEET THEREOF; AND ExCEPT THE EAST 30 FEET THEREOF FOR 116'" AVENUE SOUTHEAST, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2698240. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Excepl as may be otherWise set forth herein PSE's rights shall be exercised upon that portion of the Property iEasement Area' herein) described as follows: An Easement Area Ten (10) feet in width having Five (5) feet of such width on each side of a centerline described as follows: EAsEMENT No. 1: All STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBllC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT No. 2: A STRIP DF LAND 10 FEET IN WIDTH ACROSS All lDTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND 10·.5·.5· Plat Easemenl 2013 WO# 105074334 / 107048178 / RW-0871671 Welman Pagetof4 1:XCISE TAX NOT REQUIRED a:n1d•~ By ~J . , •. COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS ANO ROAD RIGHTS-OF-WAY LYING WITHIN THE ABOVE DESCRIBED PROPERlY. EAsEMENT No. 3: A STRIP OF LAND 10 FEET IN WIDTH ACROSS LOTS WHICH UTILIZE ALLEYWAYS AND PRIVATE DRIVES FOR ACCESS LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES. fAsEMENT NO. 4: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS ANO RELATED FACILITIES (''VAULT EAsEMENTS") ADJACENT TO EAsEMENT AREA No. 3. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH ENO OFTHEAS-BUILTVAULT(S). 20140121000698.002 1. Purpose. PSE shall have lhe right to use the Easement Area to construcl, operate, maintain, repair, replace. improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limlted to: Underground faclnties. Conduits, lines, cables, vaults, swttches and transformers for electricity; pipes, pipelines, mains. laterals, conduits. regulators, gauges and rectifiers for gas; fiber optic cable and olher lines, cables and facilities for communicetions; semi-buried or ground-mounled facilities and pads, manholes. meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such addltlonal facilities as It may require for such systems. PSE shall have lhe right of access to the Easement Area over and aaoss the Property 10 enable PSE to exercise Its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could. in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for lhe acltJal martcet value of merchantable timber (ii any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's worlc to the condition existing immediately prior to such worlc, unless said worlc was done at lhe request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's worlc and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not ioconsistent wtth the rights herein granted, provided, however, Owoer shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structtJres on the Easement Area and Owner shall do no blastiog within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the oegligence of PSE or its contractors in the exercise of lhe rights herein granted to PSE, but oothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 10'.S'-5' Plat Easement 2013 WOil 1050743341107048178/ RW--087167 /Welman Page 2 of 4 ·~ 20140121000698.003 7. Termination. The rights herein granted shall continue until such time as PSE terminates wch right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. h.,,.. /, I/ DATED this h day of_:,,..._/'--'fl...:.ll::.,1<"-.r~J:cj.... _____ , 201_ OWNER: STATE OF WASHINGTON COUNTY OF j(, 4 ) ) ss ) 'J"" / On this /Y day of .:J "-"""'~ , 20.1!/..._, before me, the undersigned, a Notary Public in and for the State of Washing , duly commissioned and swom, personally appeared ' • , to me known to be the person(s) who signed as ~· µ,.. v\'l ' of GEONERCO PROPERTIES WA, LLC., the limrted liability company that executed the within an foregoing instrument, and acknowledged said inslt\Jment to be free and voluntary act and deed and the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned; and on oath stated that be was authorized to execute the said inslt\Jment on behalf of said limrted liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 10•.5•.5• Plat Easement 2013 rz fi.f / LIC in and for the State of Washington, residing at, __ ..f..::.31!!c..!..!!1:..!,1::.::"'~---------- My Appointment Expires: __ 'i":...--=~=----2.-o...:./..S=. __ _ WOil 105074334 / 107048178/ RW-087167 /Welman Page 3 of 3 CHICAGO 11TLE INS. oo@ REF# /{i,!97-o(, 1111111111111111 20140521001009 CHICAGO TITLE DT 9l.00 PAGE-001 OF 019 When Recorded, Return to: Banner Bank 3005112" Ave NE, Suite 100 Bellevue, Washington 98004 Attn: Shari Mead Loan No. 14005925 0,,2112014 14:24 KING COUNT'f, UA DEED OF TRUST (Washington) Grantorjs): GEONERCO PROPERTIES WA, LLC Grantee(s): Trustee: NOl1hwust Financial Corporation Beneficiary: Banner Bank --==-=C......------------- Le ga) Descripdon (abbreviated): -'-Por:c...:col..::SE=-'::.14 .::of.=:32:.::·2:::.3--0.=:5'----------- el Complete legal oo ~ Asnssor's Tax Pan:al Identification No(s): 322305-9033-02 THIS DEED OF TRUST dated May 12, 2014, is made by and among Geonerco Properties WA, LLC, a Washington limned liability company (collectively, if more than one individual or entity, the 'Granto,'). whose address is 1441 North 34• Street, Sufte 200, Seattle, Washington 98103; Northwest Financial Corporation (the 'Trustee,. whose address is 10 S. First Avenue, Walla Walla, Washington 99362; and Banner Bank (the 'Beneficiary'), whose address is P.O. Box 907, Walla Walla, Washington 99362. Attn: Loan Servicing. Notice: One or more notes secured by this Deed of Trust contain provisions for a variable interest rate. A.P./Je$1Fmn>: De<JdofT,u,t H:~795\2012Laa1 RHm3(A.P. &,sl)'l!eedo/Ttu,1-W.mingfr,11.doc Fann Re'lfs/on Dato: Juno 2013 page I 20140521001009.001 1. Granting Clause. For good and valuable consideration, induding the indebtedness described below and the trust created hereby, Granter hereby inrevocably grants, transfers, conveys and ass~ns to Trustee, in trusl IWh power of sale, for the beneiit and security of Beneficiary, all of Grantor's estate, right, title, and interest in and to that certain real property located in King County, State of Washington, more particularly described on EXHIBIT A attached hereto and incorporated herein by this reference (the·~; together with: 1.1 After-Acquired TIiie. Any after-acquired tiUe of Granter in and to 1he Property and in and to land lying in streets and roads adj~ning the Property; 12 Easements, Etc. All access rights, easemenls, tenements, privileges. rights, hered'itamenls, and appurtenances now or hereafter belonging or in any way appertaining to the Property; 1.3 from the Property; Rents. The rents, issues, profits, royalties, income, and other benefits derived 1.4 Improvements. AD buildings, improvements, structures, fixtJJres, and articles of property now or hereafter erected on, attached to, located on, or used or intended ID be used in connection with the Property; 1.5 LicenseS/Water Rights. All water, water rights and ditch rights Oncluding slock in utilities with ditch or irrigation rights): and al other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, timber, geothermal and similar matters, and all requisite approvals, licenses, penmits, variances, cooperative agreements, tax credits (~ applicable), tax abatement benefits(~ applicable), recording engineering and entitlement maps, and land-use entitlements; and 1.6 Additional Property and Rights. All other property or rights of any kind or nature funher set forth herein; all of which shall be deemed ID be and remain a part of the Property and not severable wholly or in any part without material injury to the freehold and shaft be induded in any references to the Property hereunder. 2. Security Agreement This Deed of Trust shall also constitute a 'Security Agreement' under the Unnorm Commercial Code as adopted by the S1ale of Washington (the • UCC') between Gran tor as debtor and Beneficiary as secured party. As additional security for the performance of the obligations secured hereby, Grantor further grants and conveys to Beneficiary a security interest and a continuing lien on the following-described property and all proceeds cl such property (collectively, the 'Co/latwal'), all of which CoUateral shall be deemed a part of and shall be included in any reference to the Property here1mder: 2.1 Property il Section 1. Any of the Property described in Section 1 above that is deemed to be personal property; 2.2 Permits. Plans. and Contracts. All of Grantor's right, title. and interest in an permits, approvals, commibnents, designs, plans, specifications, architectural and engineering contracts, constroction contracts, surveys, appraisals, listing agreements, warranties, and any and all other m produd or general inlangbles relating to the Property or any part thereof and now or hereafter owned by Granter, including, without limitation, the Permits, Contracts, and Plans as defined in Section 6 below and any and all rights or claims that relate to the construction of improvements on or ID the Property that Grantor A.P.8..tl'otms: Deedo/Tnm Hlelnllam0il00195l2012 Loai Fonns (A.P. Elosl)'lleal ofTrus1 -Wo,hiflllon.<l>c page2 20140521001009 002 may have against any person or entity supplying, or who has supplied, labor, materials, or services in connection with the construction of improvements on the Property: 2.3 Rights under Covenants. All of Grantors rights under any declarations of covenants, conditions, and restrictions recorded for the Property, including all of Granters rights and powen; to elect or select officers and cirectors for any Homeowners' Association established for the Property; 2.4 Insurance: Eminent Domain. AD of Grantors rights under any and all contracts and policies of insurance with respect to the Property and to any and all awards made in ccnnection with any eminent domain or condemnation proceedings, or purchases in lieu thereof, of the whole or any part of the Property; 2.5 Riqhls of Sale. All of Grantor's righ!, title, and interest in any contracts or agreements of sale with respect to the Property, all purthase money indebtedness to Granter related to any sale, and any cash proceeds of such sale; 2.6 Accounts with Beneficiary. All accounls maintained by Grantor wilh Beneficiary or any subsidiary or affiliate of Beneficiary; 2.7 Improvement Fixtures, etc. All improvements, fixtures, equipment, furnishings, appliances, machinery, apparatus, goods, construction materials, and other articles of personal property owned by Grantor and now or hereafter affixed to, placed upon, or used in connection with tile Property, including, but not limited to, any structures constructed on the Property, all pipes for water and sewer lines, cables, eleclricaf wires for power systams, and construction materials, and any and an replacements and improvements thereof; 2.8 Other Property. Any and all other property or rights of any kind or nature further identified herein Of in any UCC financing statement filed in connection herewith; and 2.9 Proceeds. Any and all inlerest and estate that Granter or Granters assigns may hereafter acquire in any of the above Property and all the rents, issues, proceeds, products, and profits of sucli Property. Grantor authorizes Beneficiaiy to file one or more financing statements and such other documents as Beneficlaiy may from time to Ume require to perfect and continue the perfection of Beneficiary's security interest in any part of the Collateral. Granter shaH pay all fees and costs that Beneficiary may incur in tiling such documents in public offices and in obtaining sucli record searches as Beneficiary may reasonably require. Grantor shall cooperate with Beneficiaiy in obtaining control of any portion of the Property that consists of Deposit Accounts, Investment Property, Letter-of-Credit rights, and Electronic Chattel Paper, as such terms are defined in the Uniform Commercial Code as enacted in the state in which the Property is located. 3. Fixture Filing. It is intended that the recording of this Deed of Trust shall be effective as a "fixture fifing' under RCW 62A.9-402(6) with respect to any and all fixtures included within the Collateral and all goods or personal property that are now or may hereafter become aff'!Xed to the Property, and the Deed of Trust is to be lied and indexed in the real estate records not only as a deed of trust, but also a fixture filing. A.P. BestFonna: DNdofTnm page3 H:\Cl-anrol.!9195\2012 Losn Form, ',AP. Bes1)\Desd of Truol-w..hlf1!1'n.:loc 20140521001009 003 4. Obligations Secured. This Deed of Trust is given for the purpose of and does secure the following obligations: 4.1 Promissory Note. Payment of all obligations at any time owing under that certain Promissory Note payable by Granter, as maker. to the order of Beneficiary or order, executed concurrenUy herewith (the 'Note'), evidencing a loan from Beneficiary to Granter in the maximum outstanding principal amount of One Million Seven Hundred Filly-One Thousand Seven Hundred Eighty and 00/100 Dollars ($1,751,780.00) (the 'Loan'), together with interest thereon at a variable rate and any modifications, extensions or renewals thereof, whether or not any such modification. extension or renewal is evidenced by a new or additional promissory note or notes_ 4.2 Additional Obr(Qajions. Payment of any further sums advanced or loaned by Beneficiary to Granter or any of Granters successors or assigns, or otherwise owed by Granter to Beneficiary, together with interest 1hereon, if such sums, induding costs and expenses incurred by Beneficiary, are owing pursuant to this Deed of Trust or any of the other documents executed by Grantor securing or otherwise relating to the Note or the loan evidenced thereby, whe1her executed prior to, contemporaneously with, or subsequent to this Deed orTrust (this Deed of Trust, the Note. and ai other documents governing, securing, or otherwise relating to the Note or the loan evidenced thereby, with the excepUon of any enviroM1ental indemnity or other indemnity agreement that by its terms is not secured hereby (the '/11dem11/ty Agreeme,r(), and with the excepticn of any and all guaranties of payment and/or performance executed in connection with the Note (collectively, the 'Guaranties'), are hereafter referred to collectively as the 'Loan Documents'), together with interest thereon at the rate set forth in the relevant document and 4.3 Obligations Under Loan Documents. Performance of each agreement, term, and condition set forth or incorporated by reference in the Loan OOC1Jments and any modifications, extensions or renewals thereof. whether or not any such modification, extension or renewal is evidenced by a new document or documents. Granter further covenants and agrees as falows: 5. Assignment of Rants. Granter hereby assigns and transfers to Beneficiary all its rights and profits from the Property and the rig ht, tille, and interest of Granter in and under all leases now or hereafter affecting the Property. This assignment is absolute, unconcfdional, and not in the nature of a security interest. tt being the intention of Granter to establish a complete and present transfer of all interests assigned hereunder with the righl but without the obligation, to coOect all rents and profits of the Property. So long as Granter is not i1 default hereunder, Granter may collect assigned rents and profits as the same faff due; bul upon the occurrence of any Event of Default hereunder, all rights of Granror to collect or receive rents and profits shaD terminate. Further, all rents and profits of Granter receivable from or in respect to the Property !hat Granter shall be permitted to collect hereunder shall be received by it in trust Ill pay the usual and reasonable operating expenses of, and taxes upon, the Property and the sums owing Beneficiary on the obligations secured hereby. In the event of any def au It hereunder and the exercise by Beneficiary of its rights herein granted, Grantor agrees that payment made by tenants or occupants to Beneficiary shall be considered as though made to Grantor and in discharge of the tenants' obligations to Granter. Nothing herein contained shall be oo nstrued as obligating Beneficiary to perform any of Granror's covenants under any lease or rental arrangement 6. Auignment of Permits, Contracts, and Plans. In addition to and without in any way derogating from the security interest granted Beneficiary in the Collateral, Granter hereby assigns, grants, A.P.Bm/'omJS: O.edo/T,ust H:\CllanNlannsT'll9795'2!11Z i.,,an Fo!ms (A.P. Beol)llleed of T ""1-W8!1ling!D~,t,c 20140521001009.004 transfers, and sets over unto Beneficiary, Grantor's right, ti11e, and interest in, to, and under any and all permits, approvals, commitments. designs, plans, specilications. oonstrudion, architectural and engineering contracts, subcontracts, appraisals, listing agreements, and any and all other contracts for work product relating to development or construction on the Property or any part thereof, together with all amendments, mO<flfications, supplements, revisions, and addenda thereto hereto/ore or hereafter prepared or executed (collectively, the 'Permits, Contracts, and Pl11ns1. 6.1 Security for Loan. This assignment is made as additional seculily for the payment and performance of all of the obligations of Grantor set forth in Section 4 above. 62 Uabilities. Beneficiary does not assume any obligations or duties of Granter under the Permils, Contracts, and Plans unless and until Beneficiary shall have given Granter written notice that ~ is exercising its right to complete or cause the completion of construction on the Property in accordance with the terms of the Loan Documents. ~ Beneficiary does not directly undertake to complete development or construction of the Property, Beneficiary may assign such PellTiils, Contracts, and Plans to, and sudt obligations and duties of Grantor in connection with the Pennits, Contracts, and Plans shall be assumed by, the person or entity designated by the Beneficiary for the purpose of completing such development or construction, and Beneficiary shall have no liability whatsoever for the pedonnance of any such obligations and duties. 6.3 Representations and Warranties of Granter. Granter represents and warrants to Beneficiary that 6.3.1 No Prior Assignments. There have been no prior assignments of its rights, ti11e, and inlerest in, to, and under the Permits, Contracls, and Plans; 6.3.2 Authority. Granlor has lull power and autholily to assign its rights, tifle, and interest in, to, and under the Permits, Contracts, and Plans to Beneficiary and no consents or approvals of any other person or entities are necessary in order for Granter to validly execute, deliver, and perfonn this assignment and 6.3.3 No Defaults or Moiflfications. All covenants. conditions, and agreements set forth in the Permits, Contracts, and Plans have been performed as required as of the date hereof and neither Granter nor any other party is in default thereunder. Granter shall not amend or modify any of the tenns and conifrtions of the PellTlits, Contracts, and Plans without the prior written approval of Beneficiary, nor shall Granter assign, transfer, mortgage, or otherwise convey or encumber any of its rights, title, or interest in, to, or under the Pennits, Contracts. and Plans so long as any of Grantor's obligations under the Loan DOOJments remain unfulfilled. 6.4 Attorney-in-Fact. Granter hereby irrevocably constitutes and appoints Beneficiary as its attorney~n-fact, upon the occurrence of any defaults hereunder or under any of the other Loan Documents, to demand, receive, and enforce any and an of Granto(s righls under and with respect to the Pennits, Contracts, and Plans, and to perfonn any and all acts with respect to the Pennits, Contracts, and Plans that Beneficiary deems necessary or desirable with the same force and effect as if performed by Granter in the absence of this assignment 6.5 Assignment for Security. This assignment is for security purposes only. Beneficiary shall have no right puJSUant to this assgnment to enforce Grantor's rights with respect to the Pennits, Contracts, and Plans until Granter shall be in default under any of its obugatia,s to Beneficiary AP. Best form,; Deed of Tnist page5 H:lCll,.ll8aMsi\99795\lC12 Loan Forms (A.P. Be'1)'Dood of Trusl -Washir!ltmuilc 20140521001009.005 pursuant to this Deed of Trust or any of the other loan Documents. On the occurrence of any such defaul~ Beneficiary, without effecting any of its rights or remedies against Granter under any other instrumen~ document, or assignmen~ may exercise its rights underlhis assignment or in any other manner pelTTiitted by applicable law, and in addition, Benef1:iary shalt have and possess, without limitation, any and all rights and remedies of a secured party under the UCC or as otherwise provided by law. 7. Nature of Property/Reme<!les. Granter and Beneficiary agree that the filing of a financing statemeot in the records having to do with persona! property in conneciion with the Secunly Agreement provided herein shall never be construed as in any way derogating from or impairing the declaration and the stated intention of the parties hereto that the Property and all components thereof are, to the maximum extent possible, real property, subject to Beneficiary's right on default to exercise, in any manner permitted by applicable law, !hose remedies (a) available to Beneficiary under this Deed ofTrust, (b) avauable to Beneficiary as a secured party under the provisions of the UCC, or (c) otherwise provided for by law or available in equity. Whenever Beneficiary's security shall be deemed to include personal property, Beneficiary shall be entiUed to foreclose against such property in connection with and as a part of any judicial or nonjudicial proceeding against the real property secured hereby, the parties hereby acknowledging that such foreclosure constitutes a commercially reasonable method of selfing such property, or, in Beneficiary's sole discretion and as permitted by applicable law. to purs1Je any and all other remedies afforded a secured party under tile UCC or other applicable law. In case of a default hereunder, Granter agrees to assemble all such property and make it available to lhe TI\Jslee or Beneficiary as secured party at a place to be designated by such party that is reasonably convenient to all parties. 8. Representations and Wanantles. To protect the security of this Deed of Trust and for the benefit of Beneficiary, Grantor does, for Granter and for Granto(s successors and assigns, represent covenant warrant, and agree as follows: 8.1 Warranty of Title. That Granter has good and marketable title to an indefeasible fee simple estate in all real property described herein subject only to such fiens and encumbrances, ~ any, specifically described herein or otherwise accepted or approved by Beneficiary in writing; that Granter owns all of the Property described herein free from liens, security Interests, and encumbrances ri any kind (other than those approved in writing by Beneficiary); that Granter is vested with the right to convey an real property described herein to TI\Jstee for ttie benefit of Beneficiary; and that no consent of other parties is required as a condition thereto. Granter does hereby and will forever warrant and defend title to the Property herein conveyed and defend the validity and priority of the lien of this Deed of Trust against the claims and demands of all persons and parties; 82 Commercial Instrument That this Deed of Trust is and will continue to be a commercial Deed of Trust and that the proceeds of the loan secured hereby will be used for business or commercial purposes other than agricultural, timber, grazirig or farming purposes, and not for personal, family, or household purposes; 8.3 Property Not Agricultural. THE REAL PROPERTY IS NOT USED PRINCIPAl.L Y FOR AGRICUL TUR.AL PURPOSES; 8.4 Legal Entity. Business, Etc. That while any sums remain outstanding here1Jnder. Grantor will: (a) maintain its existence in the form under which it currenHy operates, and preserve in full forte and effect all its righls and franchises having a material effect upon ils business or the ownership of its properties; and (b) give prompt notice to Beneficiary of any material change in Grantor's business or financial position, any change in any location where Grantors accounts and/or assets are to be mainlained, Al', Bost Fonns: Deod of Trust H:1Cfien1\Bamell98795\2012 l.oan rom,, f/',J'. lleol)\Oeed ol Tru~ • Waslw'G')n.<llc page6 20140521001009.006 1he location of any new places of business of Granter and the changing or closing of any of ils existing places of business, and any change in Granlors name; and 8.5 No Subordinate Financing. That this Deed of Trust shall be the only lien or encumbrance affecting the Property. Grantor agrees 1hat there shall be no junior financing secured by 1he Property or any inlerest therein wilhllut Beoeficial)"s prior written consent. 9. Maintenance and Inspection of Improvements. Granter shall maintain the buildings and o1her improvements now or hereafter located on the Property in a first-dass condition and state of repair and shall not allow any material changes in the current use of the Property or ~s zoning without Beneficiary's consent. Grantor shall not cause, conduct, or permit any nuisance, nor commit or suffer any wasle; shall promptly comply with all the requirements of federal, state, and municipal authorities and all other laws, ordinances, regulations, covenants, conditions, and restrictions respecting 1he Property or the use !hereof; and shall pay all fees or charges of any kind in connection therewith. Grantor shall complete or restore promptly and in a wooonanlike manner any building or improvement that may be consbucted, damaged, or destroyed !hereon, and pay when due all costs incurred therefor. Beneficiary and ib; employees and agents shall be entitled rrorn time to time to enter on the Property (including the interior of any structures), al reasonable times and after reasonable notice, to inspecl the Property, ascertain compliance with the Hazardous Substances warranties set forth below and olher provisions of this Deed of Trust rmcluding the right to take soil samples and conduct other reasonable tests and investigations), conduct appraisals to determine the value of the Property, or to perform any olher act authorized hereunder. CoS1s incurred in obtaining such inspections, appraisals, tests, and other activities described above shall be part of the obligations secured hereby. Granter will pennft access to the Property and will fully cooperate with Beneficiary in this regard. 10. Collltruclion. This Deed of Trust is given to secure a construction or land aCGuisition loan. Grantor agrees to commence and complete consbuction promptly and in accordance with the terms of lhe Loan Documents. 11. Alterations. No building or olher improvemenl on lhe Property shall be structurally altered, removed, or demofished ~hout Beneficiary's prior written consent, nor shall any fixture or chattel covered by this Deed of Trust and adapted to the proper use and enjoyment of the Properly be removed at any time without such consent unless actually replaced by an article of equal suitability, owned by the Granter. 12. Hazardous Substances. Toe terms 'hazardous waste,' 'hazardous substance,' 'disposal,' 'release,' and "threatened release,' as used in this Deed of Trust shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 42 U.S.C. Section 9601, et seq. ('CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 499 ('SARA1, the Hazardous Materials Transportation Aci, 49 U.S.C. Section 1ao1, et seq., the Resource Conservation and Recovery Act 49 U.S.C. Section 6901, et seq., or other app6cable stale or Federal laws, rules, or regulations adopted with rasped to hazardous waste or substances. Except as disclosed to and acicnowledged by Beneficiary in writing, Grantor represenls and warrants to Beneficiary that (a) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment disposal, release or lhreatened release of any hazarcloos wasle or substance by any person an. under, or about the Property; (b) Granter has no knowledge of, or reason to beueve that there has been, except as previously disdased to and acknowledged by Beneficiary in writing, (i) any use, generation, manufacture, storage, trealment, aisposal, release, or lhreatened release AP. Besl Fonns: /Jeedol Tnrsl pege 7 H:'C-21.osi Forms flu'. Best]'lleed of Tru,t · Washi'Qtoo.dlc 20140521001009 007 of any hazardous waste or substance by any prior owners or occupanls of the Property or Oi) any acilJal or lhreatened litigation or claims of any kind by any person relating to such matters; and {c) Except as previously d"ISciosed to and acknowledged by Beneficiary in writing, (I) neither Granter nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, trea~ dispose of. or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shaU be conducted in compliance with all applicable federal, state, and local Jaws, regulations and ordinances, including wi1hout limitation those laws, regulations, and ordinances described above. Granter authorizes Beneficiary and its agents to enter upon the Property to make such inspections and tests as Beneficiary may deem appropriate to determine compliance of the Property with lhis section of the Deed of Trust Any inspections or 1ests made by Beneficiary shall be for Beneficiary's purposes only and shall not be construed to create any responsibility or liability on the part of Beneficiary to Granter or to any other person. The representations and warranties contained herein are based on Granto(s due diligence in investigating the Property for hazardous waste. Granter hereby (a) releases and waives any future daims against Beneficiary for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Beneficiary against any and all claims, losses, liabilities, damages, penalties, and expenses which Beneficiary may directly or indirectly sustain or suffer resulting from a bleach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Granto(s ownership or interest in the Property, whether or not the same was or should have been known to Granter. The provisions of this section of tile Deed of Tru~ induding the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Beneficiary's acquisiticn of any interest in the Property, whether by foreclosure or otherwise. 13. Insurance. Grantor shall continuously maintain insurance, with premiums prepaid, on all of the Property, against loss, fire, and other hazards, casualties, and contingencies, and shall maintain liabuity insurance, all as may be required from time to time by the Beneficiary in such amounls and for such period of time, with loss payable dauses (without contribution) in favor of and in form satisfactory to Beneficiary, and shan provide Beneficiary at least thirty {30) days' notice prior to the expiration of any existing insurance. All insurance shall be carried in companies approved by Beneficiary. W Granter shall fail for any reason to procure any such insurance at least fifteen ( 15) days prior to the expiration of any policy of insurance now or hereafter placed on the Property, Beneficiary may proo.1re the same at Granto(s expense. The amount collected under any fire or other insurance policy may be applied by Beneficiary to any indebtedness secured hereby and in such order as Beneficiary may determine, or, at the option of Beneficiary, the entire amounls collected, or any part thereof, may be released to Granter. Such appfication or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. In the event of foredosure of this Deed of Trust or other transfer of title or assignment of lhe Property to Beneficiary in lieu of foreclosure, all right, title, and interest of Granter in and to all policies of insurance required by Beneficiary shall inure to the benefit of and pass to the grantee of the Property. 14. Payment of Liens and Taxes. Granter shall keep the Property free from construction liens of any kind and pay all taxes, assessmenls, and other charges lhat may be levied or assessed upon or against the f'Joperty before any part of such taxes, assessments, or other charges become past due or delinquent and promptly deliver receipts therafor to Beneficiary. 15. Defense of Property. Grantor shaO appear in and defend any suit, action, or proceeding that might affect the value of this Deed of Trust, the Deed of Trust Itself, or the rights and powers of A.P. B&st Famrs: Deed of TnJ.t page a H:'Ciia1llllamor\!19795\21!11 lo8n FO!ms(AP. lle$Q\01'91 ofTrust • We"1fflllln.OOC 20140521001009.008 Beneficiary or Trustee, including, without limitation, any condemnation or pubfic improvement proceeding, and should Beneficiary or Trustee elect also to appear and defend any such action or proceeding, be made a party to such by reason of this Deed of Trust, or elect to prosecute such action as appears necessary to preserve said value, Granter will, at all times, indemnify from and, on demand, reimburse Beneficiary or Trustee for any and all loss, damage, expense, or cost, including cost of evidence of title and attorneys' fees, arising out of or incurred in connection with any such suit, action, or proceeding. 16. Beneficiary Authorized to Act Should Granter fail to make any payment or to do any act as herein provided, Beneficiary or Trustee may, but withoot obligation to do so and without notice to or demand upon Granter and without releasing Granter from any obligation hereunder: {a) make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof; (b) commence, appear in, and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; {c) pay, puichase, contest, or compromise any encumbrance, charge, or lien that in the sole judgment of Beneficiary either appears to be prior or superior to this Deed of Trust; and, {d) in exercising any such power, incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor, including cost of evidence of tille and reasonable attorneys· fees. 17. Condemnation Proceeds. In the event that all or any portion of the Property is taken under the nght of eminent domain or condemnation, Beneficiary shall have the righ~ nit so elects, to require that all or any portion of the monies payable as compensation for such taking be paid to Beneficiary and applied by tt first to any reasonable costs, expenses, and attorneys' fees, both in trial and appellate courts. necessarily paid or incurred by Beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby. Grantor further agrees, at its own expense, to take such actions and execute such instruments as shall be necessary to obtain such compensation. 18. Actions by Trustee. From time to time upon written request by Beneficiary, payment of fees, and presentation of this Deed of Trust and any note secured hereby for endorsement (m the case of full reconveyances, for cancellation), without affecting the liability of any person for the payment of the indebtedness, Trustee may (a) consent to the making of any map or plat of the Property; (b) join in granting an easement or creating any restiiciion thereon; (c) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge thereof. and (d) reconvey, without warranty, all or any part of the Property. The grantee in any reconveyance may be described as the 'person or persons legally entitled thereto; and the recitals therein of any matters of fact shall be conclusive proof of the truthfulness thereof. 19. ADAIFHAA Compliance. So long as this Deed of Trust remains outstanding, Granter will, at ~sown cost and expense, in respect of the Property and in respect of Grantor's business activities at or within the Property: (a) comply with all requirements of the federal Americans with Disabilities Ad (the 'AOAj and the federal Fair Housing Amendments Act of 1988 (the 'FHAA") and the rules and regulations promulgated thereunder (the "Rules"), to the extent applicable to Grantor's ownership, management. operation, leasing, use. construction, reconstruction, repair, remodeling, rehabilitation, or alteration of the Property or any part thereof; (b) immediately provide to Beneficiary written notice (and copies of) any and all notices of actual, potential, or alleged violations of the AfJA, the FHAA. or the Rules and any and all governmental investigations or regulatory actions instituted or threatened against Grantor or the Property or Grantor's business activities at or within the Property regarding the ADA. the FHAA. or the Rules; and (c) furnish to Beneficiary, from time to time whenever reasonably re11uested by Beneficiary, a Compliance Assessment in fonn and substance reasonably satisfactory to Beneficiary, prepared by an architect or engineer with skil, experience, and reputation aooeptable to Beneficiary, in the field of compliance with the ADA or the FHAA, as applicable. A.P. Best Fenn,: Deed of Trust page9 H.'ClienN!ame,\9979512012 Lo,n fonns JA.P. Be,t)\Do,d o!Tnsst • Wa,i,il1Jlcn.clJC 20140521001009009 20. Reappraisals. Beneficiary shall have the right to obtain at Grantors cost and expense reappraisals of the Property from any licensed or certified appraiser designated by Beneficiary, from time to time (a) whenever such reappraisal rrny be required by any law, rule, or regulation applicable to the conduct of Beneficiary's business, or may be requested or directed by any governmental authority charged wrth the administration of such law, rule, or regulation or Beneficiary's compliance lherewrth, whether or not such request or direction has lhe force of law, or (b) whenever Beneficiary has reasonable cause to believe that the then-current loan-to-value ratio applicable to the loan or Joans secured by the Property exceed the original loan-lo-value ratio approved by Beneficiary with respect to such loan or loans, or (c) whenever reasonably deemed appropriate by Beneficiary following the occurrence or during the oontinua1ion of an Event of Defau~. Beneficiary may use the results of such reappraisal to evaluate and restructure such loan or loans if necessary in Beneficiary's reasonable discretion. 21. Beneficiary's Expenditures. tt any action or proceeding is commenced that would materially affect Beneficiary's interest in the Property or if Granter fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Granters failure to discharge or pay when due any amounls Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Beneficiary on Granto~s behalf may (but shall net be obligated ta) take any action that Beneficiary deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. AD such expenditures incurred or paid by Beneficiary for such purposes will then beer interest at the rate charged under the Note from the date incurred or paid by Beneficiary to the date of repayment by Granter. All such expenses will become a part of the Indebtedness and, at Beneficiary's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term ol any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Property also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Beneficiary may be entitled upon Default 22. Non-Waiver of Defaults. The entering upon and taking possession of the Property, the colJection of rents. issues, and profits, or the proceeds of fire and other insurance policies or compensation or awards for any kind of taking or damage of the Property, and the application or release thereof as provided in this Deed of Trust shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice of default Further, by accepting payment of any sums secured hereby after their due dale. Beneficiary does not waive ill! right either to require prompt payment when due of all other sums so secured or to declare the failure to pay such sums an Event of Default. 23. Events of Default. Each of the following circumstances shall constitute an event of default under this Deed ofTrust (individually, an 'Event of Defautr). 23.1 Payment Default. Failure to make any scheduled payment of principal, interest or any required reserves under any note sectJred hereby, this Deed of Trust, or any of the other Loan Documents when due. 232 Default Under Loan Documents. Failure lo make any payment required under any of the Loan Documenls other than those identified in the pneceding paragraph or to perform any other covenan~ agreement or obligation under this Deed of Trust, or any of the other Loan Documents. or any breach of warranty or any material inaccuracy of any representation of Granter thereunder, and the failure to A.P. BestFom,s: o..do/Trust H:'Oienffianner\99795\2012: Loan Fmms W'. 8esl)1Dead of Trust. washington.doc page 10 20140521001009.010 cure such default within the stated cure period (or ff none is stated, then failure to cure within thirty (30) days after Beneficiarys delivery of written demand to Grantor, or ff such cure cannot be completed wiihin such thirty (30) day period, failure by Grantor to commence the required cure within such thirty (30) day period, and thereafter to complete fhe Cllre within ninety (90) days after Beneficiary's delivery of such written demand); 23.3 Default on Obligations Secured by Property. My failure to perform any obligation that is secured by any lien ;igainsl or any interest in the Property, rights, or interests encumbered hereby or any portion thereof, regardless of whether such lien or interest is prior or subordinate to the Deed of Trust, and which default or failure to perform is not cured within any appicable grace period or which in any manner threatens the tien of this Deed of Trust; 23.4 Cross-Default. My default by Granto, or an affiliate of Grantor under any obligations of Granter or any such affiliate to Beneficiary now existing or hereafter underlaken (fm purposes of this Section, an 'affiliate' shall include (ij any entity that controls, is controlled by, or is under common control with Grantor; and shall also indude (ii) any entity that owns in whole or in part, is owned by, or is under common ownership with Grantor); 23.5 Obligations to Third Parties. My material defalil by Granter under any loan or obligation owed to any third party; 23.6 Insolvency: Bankruptcy: Receivership. My of the following shall occur with respect to the Property, the Grantor, or any successor to the Granto(s interest in the Property: (a) the institution of any proceeding for appointment of a receiver, liquidator, or trustee; (b) the ins1itulion of any proceeding for 01SSolution, iquidation, or similar reUef; {c) the filing of a voluntary pelition for bankruptcy or reorganizatioo; (d) the filing of an involuntary petition for bankruptcy or reorganization that is not dismissed within sixty (60) days; or (e) Granter is unable to pay Grantor's debt, respectively, as they become due: 23.7 Delault Under Leases. My default by Grantor under any lease affecting the Ploperty, any termination of such lease, or any modification, surrender, or cancellation of such lease without Beneficiary's prior written consent; 23.8 Adverse Change. My material adverse change in the Property, including, without limitation, actual or threatened removal, demolition, or impairment of the Property or any improvements thereon, or in the financial condition of Grantor as determined by Beneficiary in its see disaetion based on its review of the most current financial statement provided by such parties and the status of their respective real estate portfolios and other investments. 23.9 Impact on Use of Property. MY impending or proposed: (a) condemnation, (b) rezone, or (c) modificalion or enactment of any ordinances or regulations Iha! could materiaffy affect any improvements on the Property or the use or value thereof, The waiver by Beneficiary of any Event of Default shalt not constitute a waiver of any other or subsequent Event of Default. 24. Acceleration Upon Defauf~ Additional Remedies. Upon any. Event of Defaul~ Beneficiary may, at notice to or demand upon Granter, exercise any one or more of the following actions: declare all amounts secured by this Deed of Trust immediately due and payable; bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents; fmeclooe this Deed of AP. Best Fomts: Deed of Trust tt:\CleaNl"""r\99795'2012 loal\ R,rm, (,Af'. ~'lleed ci Trual • W~doe psg,, 11 20140521001009 011 Trust as a mortgage; cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law; exercise Beneficiary's righ1s with respect to any leases and rents; and/or exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents or available under law or in equity. Ta the extent pennitted by law, every light and remedy provided in this Deed of Trust or afforded by law or equity or any other agreement between Beneficiary and Gran tor may be exercised concurrently, independent~, or successively, in any order whatsoever. Beneficiary may exercise any of its rights and remedies at its option without regard to the adequacy oftts security. 25. Foreclosure by Power of Sale. Should Beneficiary elect to foreclosure by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and request thatT rustee proceed with all notices required by law. 25.1 Notice of Default -Nonjudicial Sale. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published, and delivered to Granter such notices as are required by law and by this Deed of Trust Trustee shall, without demand on Granter, after lapse of such time as may then be required by law and after recordation of the required notice of trustee's sale, at public auction to the highest bidder, for cash in lawful money of the Untted States payable at the time of sale, sell the Property, either as a whole, or in separate lots or parcels or ttems as Trustee shall deem expedient, and in such order as it may determine, upon any terms and conditions specified by Beneficiary and permitted by ap~icable law. The Property, real. personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, then Trustee shaD be actirYJ as the agent of the Beneficiary in selling such Property. Any person or entity permitted by law to do so may purchase at any sale. Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold, but without any covenant or warranty, express or implied, and the recitals in the Trustee's deed showing that the sale was conducted in compflance with all the requirements of law shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. Any such non-judicial sale (or the acceptance of a deed-in-lieu of foreclosure) shaU have no effect on the enforceability of the lndemntty Agreement and Guaranties, which shall remain as separate and distinct obligations from the Note and fully enforceable in accordance wtth their respecti'le terms. 25.2 Application of Sale Proceeds. After deducting all costs, fee,i, and expenses of Trustee and of this trust, including costs of evidence of title in connection with the sale, Trustee shaH apply the proceeds of sale to payment of: (a) all sums expended under the terms hereof, not then repaid, with acaued interest at the Default Rate provided in any note secured hereby; (b) all other obligations then seC11red l\ereby; and (c) the remainder, if any, to the person or persons legally entitled thereto in accordance with the law. 25.3 Postponement of Sale. Trustee may postpone the sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone such sale by public announcement al the time fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postpcnemen~ or may, tt its discretion, give a new notice of trustee's sale. 25.4 Request for Notice. Granter hereby requests a copy of any notice of default and that any notice of trustee's sale hereunder, as well as any other written notifications required by other provisions hereof, be mailed to it at the address set forth in the first paragraph of this Deed of Trust A.P.!lastFonns: DeedolTnJSt HlCleoNlamer199Mt21112 Loa, Fooro [A.P. Best)\Deel o1T""1 • W"'1ill!IDl1,<I><; page 12 20140521001009 012 26. Foreclosure as Mortgage. Should Beneficiary elect to foreclosure this Deed of Trust in the manner provided by law for !he foreclosure of mortgages on real property, Beneficiary shall be entitled to recover in such proceeding all ccsts and expenses incident thereto (including costs on appeaij, including reasonable attorneys' fees (and attorneys' fees on appeal), in such amount as shall be fixed by the ccurt. Beneficiary shall be entitled to possession of the Property during any redemption period allowed under the laws of the State of Washington. Any such judicial foreclosure (or the acceptance of a deed-in~ieu of foreclosure) shall have no effect on the enforceability of the Indemnity Agreement and Guaranties, which shall remain as separate and distinct obligations from the Note and fully enforceable in accordance with their respective tenns. 27. Appointment of Receiver. If an Event of Default shaH have occurred and be continuing, Beneficiary, as a matter of right and without notice to Grantoror anyone claiming under Granter, and without regard to lhe then value of the Property or the interest of Grantor therein, sllafl have the right, to the extent permitted by applicable law, to apply to any court having jurisdiction to appoint a receiver or receivers of the Property, and Granter hereby irrevocably consents to such appointment without bond, and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of Beneficiary in case of entry and shall continue as such and exercise an such powers until the date of confirmation of sale of the Property unless such receivership Is sooner terminated. 28. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any obligations secured hereby and to exercise all rights and powers under this Deed of Trust, under any Loan Document or other agreement, or under any laws now or hereafter in force, notwithstanding some or all of the said obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, Deed of Trust, pledge, lien, guaranty, assignment or otherwise. Neither !he acceptance of this Deed of Trust nor its enforcement whether by ccurt action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficia,y, and each of them, shall be, to the extent permitted by ap~icable law, entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in !heir absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, or given by any of the Loan Documents to Trustee or Beneficiary, and either of them may pursue inconsistent remedies. The failure on the part of Beneficiary to promptly enforce any right hereunder shall not operate as a waiver of such right 29. Appointment of Successor Trustee. Beneficiary may, for any reason pennitted by law, from time to time appoint a successor or successors to any Trustee named herein or to any successor trustee appointed hereunder. Upon such appointment and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument exeCIJ!ed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when recorded in the office of lhe county c!erlt or recorder of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee. 30. Duties ofTrustH. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party A.P. Best Frons: Deed otnust page13 H:\Clentllleme~/95\2012 Loan Fonns (Af'. Besl)'ll<ed o!TM1-Weslling1Dn.<be 20140521001009.013 hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Beneficiary. or Trustee shall be a party unless such action or proceeding is brought by Trustee. 31. Repayment of Benefieiary'a Eiqiencfitures and Advances. Granlor shan immediately pay, without demand by Beneficiary, all sums expended or advanced hereunder or under any of the other Loan Documents. and all costs incurred by Beneficiary or Trustee in enforcing or protecting their rights or interests hereunder or under any of the other Loan Documents rmcluding, wilhout limitation, attorneys' fees. accountants' fees, and any other costs or expenses whatsoever). with interest from the date of any such expenditure or advance at the Default Rate provided in any note secured hereby, and the same shall constitute advances made under this Deed of Trust and repayment thereof shall be secured hereby. This includes, without limitation, attorneys' fees and costs incurred by Beneficiary to protect its interests at trial and in any bankruptcy or appellate proceeding. If Granter fafls to pay any such expend'rtures, advances, costs, or expenses, together with interest thereon. Beneficiary may, in addition to the other remedies provided hereunder to the extent permitled by applicable law, at its sole discretion: (a) commence an independent action against Grantor for !he recovery of such sums; and/or (b) advance any undishllrsed loan proceeds to pay the same. 32. Due on Sale or Encumbrance. Grantor acknowledges and agrees that the obligations secured by this Deed of Trust are personal to Grantor and that Grantor's personal responsibility, financial condition, and control of the Property were material inducements on which Beneficiary relied in making its loan to Grantor. Grantor agrees that neither the Property nor any interest therein shall be encumbered, sold (by contract or otherwise), conveyed, leased, or otherwise transferred by Grantor, nor shall there be any change in (i) the ownership or control of more than 25% of Granto~s stock if Grantor is a corporation, (ii) the ownership or control of any general partnership interest in Grantor, if Granter is a general or limited partnership, 0ii) the ownership or control of any membership interest in Grantor if Granter is a limited liability company, 0v) the ownership of any beneficial interests if Granter is not otherwise a natural person(s), or (v) the majority ownership of stock or any general partnership or membership interest in any COIJloration, partnership or limned liability company thal has an ownership interest in Grantor. My such action without Beneficiary's prior written consent shall be deemed to increase Beneficiary's risk, and shaD be an Event of Default hereunder. If Beneficiary elects in its sole discretion to consent to any such action, Beneficiary may condition its consent on such terms and conditions as Beneficiary may require, such as payment of a transfer review fee and/or assumption fee, and/or an inemase in the interest rate on the obligations secured hereby. Beneficiary shall not be required to release the original obugor or any other party liable for such obligations. 33. Partial Reconveyance. Should the Loan Documents allow for the partial reconveyance from the encumbrance of the Deed of Trust of any portion of the Property upon the payment of a certain sum to Beneficiary ("Pattia/ Reconveyance'). any such Partial Reconveyance shall be allowed only so long as the following adortional conditions are met: 33.1 No Defaults. Granter is not in default hereunder or under the terms of any of the Loan Documents: 33.2 Legally Subd'ivided. The Property has beer legally sulxtivided into parcels or lots (or condominium units, if applicable) such that both (a) the portion of the Property to be reconveyed and (b) the portion of the Property remaining subjeci to the Deed of Trust are legally segregated properties capable of being transferred to thirdi)arty purthasers in accordance with the law; AP. a..r Fonno: DeodofTrust pago 14 H:lCienl'llanner\98795'2012 I.om, Form, IA.P. Best)'lle,<I of TlllSI • Washil'Ql,n.doc 20140521001009.014 33.3 Access Unimpaired. The Partial Reconveyance does not deny or unreasonably impair access to public roads and utilities for either the portion of the Property remaining subject to the Deed ofT rust or the portion of the Property reconveyed: 33.4 ldentilication of Property. Granter secures all necessary services of surveyors, engineers, and other consultants of any kind or nature whatsoever required in connection with the Partial Reconveyance in order to S11fficiently identify the portion of the Property to be reconveyed and to enable the Trustee to complete the Partial Reconveyance; and 33.5 Costs. Granter pays al costs incurred in connection with the Partial Reconveyance. Beneficiary shall have no responsbifity for such costs and shall be reimbursed by Granter for any costs incurred by Beneficiary. 34. Indemnification by Granter. Granter agrees to indemnify and hold Beneficiary and Trustee harmless from and against any and all losses, liabilities, suits, obligations, damages, costs, and expenses, induding attorneys' fees and costs, that may be imposed on, incurred or paid by, or asserted against Beneficiary or Trustee by reason or account of: (a) any action by Granter in connection wi1l1 the Property: (b) any good faith and commercially reasonable exercise of any of the rights and remedies or performance of any of the duties of Trustee or Beneficiary under any of the Loan Documents; or (c) any other liabmty arising in any manner in connection with the Property other than as a result of the gross negligence or willful misconduct of Beneficiary or Trustee, and such obligation shall be secured by this Deed of Trus~ except to the extent that tt falls within the scope of any separate Indemnity Agreement that by its terms is not secured hereby. If any daim, action, or proceeding is brought against Beneficiary or Trustee that is the subject of the indemnity set forth in this paragraph, Granter shall resist or defend against the same, ~ necessary in the name of the Trustee or Beneficiary, by attorneys for Grantor's inS11rance carrier or otherwise by attorneys approved by Beneficiary. 35. Further Assurances. Granlor, from time lo time, within fifteen (15) days after request by Beneficiary, shall execute, acknowledge, and deliver lo Beneficiary such addnional security instruments, in form and substance satisfactory to Beneficiary, covering all property of any kind whatsoever owned by Granter or in which Granlor has any interest which, in the reasonable opinion of Beneficiary, is essential to the operation of the Property covered by this Deed of Trust, and shall execute, acknowledge, and deliver any financing statement, renewal, affidavit, certificate, continuation statement, or other document as Beneficiary may reasonably request in order to perfect, preserve, continue, extend, or maintain Beneficiary's security interests under or the priority of this Deed of Trust Granter shall pay all oosts in connection with the preparation, execution, recording, filing, and refiling of any such documents. 36, Multiple Granters. If Granter is comprised of more than one person or entity, then the term 'Grantot' used herein shall refer lo all such persons or entities coDectively and to each such person or entity individually, such that all obligations, covenants, warranties, requiremenis, restrictions and other provisioni; of this Deed of Trust shall apply both collectively and individually, and each such person or entity shaU be jointly and severally liable for all obligations secured by this Deed ofTrusl 37. Assignment Beneficiary may assign this Deed ofTrust in whole or in part to any person and may grant participatioo in any of its rights under the Deed of Trust without notice and without affecting Grantol's liability under this Deed of Trusl In connection with any proposed assignmenL participation, or similar arrangements, Beneficiary may make available to any person all credit and financial data furnished or lo be furnished to Beneficiary by Grantor or any guarantor under the loan Documents. Granier may not assign the Deed of Trust to any person at any time, except in connection with a transaction approved in AP. Best Forms: Dff<J of TIUSI page15 H:IC!en11Bame119971!S\1012 i.oa11 fcm,s [A.P. l!esll'lleed olTru~. Washlrgk>n.llOc 20140521001009.015 writing by Beneftciary under the lelTTls of this Deed of Trust. Subject to such prohibitions against Grantor's assignment, this Deed of Trust shaff inure lo the benefrt of and bind all of the parties hereto, their heirs. legatees, devisees, administrators, executors, personal represenlatives, successors, and assigns. 38. Appllcabl e law. This Deed of Trust is made with reference to and is to be cons1rued in accordance with lhe laws (without regard to the choice of law rules) of the Slate of Washington. 39. Miscellaneous. The term Beneficiary shall mean the holder and owner, induding pledgee, of the obligations secured hereby, whether or not named as Beneficiary herein. In construing this Deed of Trust and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number inciudes the plural. This Deed of Trust may be executed in two or more coonterpans, all of which will constitute one and the same instrument and lien. 40. Dlsclosures/Dlsclaimers. Beneficiary makes the following disclosures and disclaimers In connection with this Deed ofTrust: 40.1 Aetlons Solely for Benefit of Beneficial'/. Any and all subsequent purchasers of the Property, and any other parties acquiring an Interest In the Property, are hereby put on notice that any inspection or approval of any part of any development, construction, renovation, or Improvement of the Property by Beneficiary or any agent of Beneficiary shall be made exclusively for the benefit of Beneficiary, and Benefielary makes no representations whatsoever to any third party acquiring any Interest in the Property. Such third party shall have no rights 11f reliance upon any aetlon taken by Beneficiary. Beneficiary makes no representations whatsoever to any third party as to the adequacy or legaltfy of any action of Granter and any aetlon of Beneficiary Is solely for the benefit of Beneficiary. 40.2 Changes in Interest Rate. One or more notes secured hereby contain provisions permitting {a) Increases and decreases in the rate of Interest provided in the note, and (b) increases and decreases In the periodic payments required under the note . .41. Jury Waiver. BENEFICIARY AND GRANTOR HEREBY WANE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER BENEFICIARY OR GRANTOR AGAINST THE OTHER IF THERE IS A LAWSUIT, GRANTOR, AT BENEFICIARY'S OPTION, AGREES TO SUBMIT TO THE JURISDICTION OF SPOKANE COUNTY, WASHINGTON. 42. Noticas to Granter and Other Parties. Any notice under this Deed oi Trust shall be in writing and shall be effective when actually deflvered or, if matted, shall be deemed effective when deposited in the United States mail first class, registered man, postage prepaid, direeted to the addresses shown near the beginning of this Deed of Trust Any party may change its address for notices under this Deed oiTrust by giving formal written notice to the other parties, specifying that the purpose oi the notice is to change the party's address. All copies cl notices of foreclosure from the holder of any rien which has priority over this Deed of Trust shall be sent to Beneficiary's address, as shown near the beginning of this Deed of Trust For notice purposes, Granter agrees to keep Beneficiary and Trustee informed at all times of Grantor's current address. page 16 20140521001009.016 .. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. DATED as of the day and year first above written. GRANTOR: ·eswA, LLC, liability company I~ Steven D. Pari<er Its Authorized Representative A.P. Be,I Fonns: Deed of Trust H:\Cienl,8amer\99795\2012 Loan Foffl\S (A.P. Bost)IO<Blol Tru,t · W..hrl,>ln.ooc page 17 20140521001009.017 , MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS CJly of Renton Development Services Division 1055 S0u1t1 Grndy Way-Ren Ion. WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants fa be involved in helping you locaie your nia1!box:es before constructlon begins. Please call 1-800-275-8777 for the location of the Post Office that will servirJS your plat. Tht.::n, lake a copy of your plal rnap aiong with this form to t11e .-;pec.Jfied Pest Office for lheir sign-off Please submit the signed form along with your application. Propertyloc:alion: 18417 116th Ave Se, Renton, \\JA 9.3058 O•Nr!er's Name.HE1.r:bou.r tJomes LL.C Land Use ApplicaHon Number Post Oltice Approval: -L. _/ "'!' . 'v I 1._I ···-~:q-,... Date: ___ -_·_ .. ·._, ___ 1 ' . \ ,/ ; Q .Jweb/JJw!d,evservif oni, :1/p!annmg!maHb,:,n: .dee 12iC1.'04 , ' ' .. , NV\'f11M i, '.:;.~.': ,;'t \ J I 1 ' :,, ,. i{ ... _ 1055 S Grady Way Renton, WA 98057 BILLING CONTACT Jamie Walter GEO NERCO PROPERITES WA LLC 1441 N 34Th St #200 Seattle, WA 98103 INVOICE NUMBER INVOICE DATE 00030342 11/1812014 REFERENCE NUMBER FEE NAME INVOICE INVOICE DUE DATE INVOICE STATUS 11/1812014 Paid In Full LUA14-001565 PLAN -Final Plat Fee Technology Fee December 03, 2014 ---' '·· i . INVOICE DESCRIPTION NONE TOTAL $1,500.00 $45.00 SUBTOTAL $1,545.00 TOTAL l'--~~~~$-1,_54_5_.o_o___, Page 1 of 1 1.0 MITIGATION CONCEPT 1.1 CRITICAL AREA IMPACTS The proposed project is the development of a residential plat The proposed development will impact 928sf of wetland. As mitigation for impacts to wetland, the project will create 1,564sf of new wetland area along the southern boundary of the remaining wetland. The wetland creation area meets the required 1.5:1 mitigation ratio. 1.2 MITIGATION GOALS 1.2.1 Create 1,564sf of new wetland. 1.2.2 Enhance the portion of wetland buffer that is adjacent to the new created wetland with native tree and shrub species. ' 1.3 NATIVE GROWTH PROTECTION AREA As a condition of any development permit, the property owner shall be required to create a separate native growth protection area containing the areas determined to be wetland and/or wetland buffer, including areas of wetland creation and buffer averaging. Native growth protection areas shall be established pursuant to RMC 4-3-050E4. 2.0 CONSTRUCTION SEQUENCE The construction sequence of this project will be implemented as follows: 2.1 Pre-construction meeting 2.2 Construction staking 2.3 Construction fencing and erosion control 2.4 Grading of Creation Area 2.5 Stabilization of mitigation area 2.6 Plant material installation 2. 7 Permanent fence and sign installation 2.8 Construction inspection 2.9 Agency approval 2.10 Monitoring inspection and reporting 2.11 Silt fence removal 2.12 Project completion 2.1 Pre-construction Meeting A pre-construction meeting will be held on-site prior to commencement of any grading, to include the Owner's biologist, the Landscape Installer, the Owner and the City. The approved plans and specifications will be reviewed to ensure that all parties involved understand the intent of the construction documents, specifications, site environmental constraints, sequences, and inspection requirements. 2.2 Construction Staking The limits of the mitigation area will be marked in the field prior to commencement of construction activities to ensure that all plantings will be installed within the mitigation area for the site. 2.3 Construction Fencing & Erosion Control All erosion control measures adjacent to the mitigation area including silt fencing will be installed. Erosion control fencing will remain around the mitigation area until clearing, grading and the construction area is stabilized. 2.4 Grading of Creation Area The creation area will be over excavated to an approximate depth of 6-9-inches below the specified grades and will be brought back to grade with native top soil. Only quality topsoil/organic materials are to be use for the wetland creation mitigation area. 2.5 Staoilization of Mitigation Areas All mitigation areas disturbed during plant installation will be stabilized per Section 3.4.2 with seed, mulch, or alternative method as approved by the City, and the permitting agencies upon completion of installation. Erosion control fences will be restored and placed around the mitigation area as specified on the mitigation plans. 2.6 Plant Material Installation All plant material will be planted by hand per detail and Construction and Planting Notes. The Mitigation Plan specifies the required size, species, quantity, and location of plant materials to be installed. The Landscape Installer will re-seed or over-seed all mitigation areas disturbed during the planting process. Upon completion of the planting, the erosion control fencing will be restored and repaired. Plant substitutions or modifications to locations shall be approved in writing, by the Owner's biologist and the City · prior to installation. 2.7 Permanent Fence and Critical Area Sign Installation Upon acceptance of the plant material installation by the project biologist, a permanent fence will be installed along the west and north property lines as shown on the Mitigation Plan and Critical Area signs will be placed on-posts or on the fence as shown on the Final Mitigation Plan. 2.8 Construction Inspection Upon completion of installation, the Owner's biologist will conduct an inspection to confirm proper implementation of the Mitigation Plan. Any corrections, substitutions or missing items will be identified in a "punch list". Items of particular importance will be soils in pits, pit size, plant species, plant size, mulch around pits, and tree staking. Upon completion of planting, if installation or materials vary significantly from the Mitigation Plan, the Landscape Installer will submit a reproducible "as-built" drawing to the Owner. 2.9 Agency Approval Following acceptance of tf1e installation at both the project site and the mitigation site by the Owner's biologist, a letter will be prepared to the City and the permitting agencies requesting approval of the installation. 2.10 Monitoring Inspection and Reporting The monitoring program will begin in the first growing season (approximately one year) following installation approval by the City and the permitting agencies. The subsequent monitoring inspections will be conducted in accordance with the approved Monitoring Program. 2.11 Silt Fence Removal Erosion control fencing adjacent to the mitigation area will remain in place until the mitigation area has been stabilized. 2.12 Project Completion If, after the final year of monitoring, the project has satisfied the objectives and goals of the approved Mitigation Plan, the Owner's biologist will prepare a letter to the City and the permitting agencies requesting final approval and closure of the mitigation plan. 3.0 CONSTRUCTION AND PLANTING NOTES 3.1 SITE PREPARATION 3.1.1 The Landscape Installer will inform the Owner of any discrepancies between the approved construction document and existing conditions at the mitigation sites prior to initiation of any mitigation installation work 3.1.2 The Owner will define the limits of the mitigation planting area with orange construction fencing at both sites. The Landscape Installer will be responsible for maintenance of this fencing until the installation has been accepted by the City, and other permitting agencies. The Owner will be responsible for ensuring that this fencing remains in place during the construction of the project and the mitigation areas on the site. The Owner will be responsible for ensuring that no natural features or vegetation (existing or planted) are disturbed in the protected critical areas, including the mitigation area, during construction of the project and its amenities. 3.1.3 The Landscape Installer will hand grub all weedy species including scotch broom, blackberry varieties, and thistles within the mitigation areas where grading will not occure prior to mitigation planting. Grubbing of weeds, including root-stock, will be completed without the use of chemicals. Weed debris will be disposed off site. 3.1.4 Grading Requirements: A person who clears, grades or otherwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual. 3.1.5 Seasonal Limitations for Clearing and Grading: From October 1st through April 30th, which is the seasonal limitation period, clearing and grading shall only be permitted if shown to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual through a combination of the following: a. Site conditions including vegetative coverage, slope, soil type and proximity to receiving waters; and b. Proposed limitations on activities and the extent of disturbed areas; and c. Proposed erosion and sedimentation control measures. 3.Z PLANT AND HABITAT MATERIALS 3.2.1 All plant materials will be as specified in the plant schedule. Only vigorous plants free of defects, diseases and infestation are acceptable for installation. 3.2.2 All plant materials will conform to the standards and size requirements of ANSI Z60.1 "American Standard for Nursery Stock". All plant materials will be native to the northwest, and preferably the Puget Sound Region. Plant materials will be propagated from native stock; no cultivars or horticultural varieties will be allowed. All plant materials will be grown from nursery stock unless otherwise approved. 3.2.3 All nursery grown plant materials will be in containers or balled and burlapped. Bare root plantings will be subject to approval. 3.2.4 All plant materials stored on-site longer than two (2) weeks will be organized in rows and maintained by the Landscape Installer at no additional cost to the Owner. Plant materials temporarily stored will be subject to inspection and approval by the Owner's biologist prior to installation. 3.2.5 Substitution requests must be submitted in writing to the Owner and approved by the Owner's biologist and the City in writing prior to delivery to site. 3.2.6 All plant materials will be dug, packed, transported and handled with care to ensure protection from injury. All plant materials to be stored on site more than 24 hours will be heeled into topsoil or sawdust. Precautionary measures shall be taken to ensure plant materials do not dry out before planting. Buffer plants will be shaded and saturated until time of installation. Immediately after installation the mitigation planting area will be saturated to avoid capillary stress. 3.2.7 The Landscape Installer will verify all plant materials quantities shown on the planting plan and the plant schedule. 3.3 PLANT MATERIAL INSTALLATION 3.3.1 All plant materials must be inspected prior to installation to verify conformance of the materials with the plant schedule including size, quality and quantity. Any plant materials deemed unsatisfactory will be rejected. 3.3.2 All plant materials delivered and accepted should be planted immediately as depicted on the plan. Plant materials not planted within 24 hours will be heeled-in per note 3.2.6. Plant materials stored under temporary conditions will be the sole responsibility of the Landscape Installer. Plants will be protected at all times to prevent the root ball from drying out before, during, or after planting. 3.3.3 All planting pits will be circular with vertical sides and will be sized per detail on the mitigation plan. The pits will be filled with on-site amended native soils. 3.3.4 No fertilizers will be used within the wetland except as noted on the planting detail. In buffer areas only, install "Agriform", or equal plant fertilizer to all planting pits as specified by manufacturer. Fertilizers are allowed only below grade in the planting pits in the buffer areas. No sewage sludge fertilizer ("SteerCo" or "Growco") is allowed in the mitigation area. 3.3.5 All containerized plant materials will be removed from their containers carefully to prevent damage to the plant and its roots. Plants removed from their containers will be planted immediately. 3.3.6 All plant materials will be placed as shown on the approved mitigation plan. If the final installation varies from the approved mitigation plan, the Landscape Installer will provide the Owner with an "as-built'' reproducible drawing of the installed conditions. 3.3. 7 All conifer trees will be staked per the detail on the mitigation plan. All deciduous trees 1" caliper and larger will be staked per the detail on the mitigation plan. Tree staking and guy wires will be removed from all trees one year after installation. Cut guy wires away from trees and remove wire and tree stakes from site. 3.4 PLANTING SCHEDULE AND WARRANTY 3.4.1 A fall-winter installation schedule (October 1st· March 15th) is preferred for lower mortality rates of new plantings. If irrigation is required under Section 4.3 during the first year after plant installation, the plantings will be irrigated with a temporary automatic irrigation system throughout the summer months. The automatic irrigation system will provide head to head coverage of the entire planting area. The automatic controller will be scheduled for a minimum of fifteen (15) minutes every day until fall rains can provide adequate rainfall to support the plant material. The mitigation plantings will be watered twice a day for fifteen (15) minutes for the first week. This schedule may be modified if the City approves hand-watering for the project. 3.4.2 All buffer areas disturbed during installation will be mulched or seeded with mixes as specified on the plans as soon as the mitigation area grading is complete. If mulch stabilization is used, arborist mulch (or approved equivalent) should be placed at a minimum depth of 6 inches and must not tough the sems of installed vegetation. If seed stabilization is used, seeds must be germinated and a grass cover established by October 1st. If the cover is not adequately established by October 1st, exposed soils will be covered with approved erosion control material and the Landscape Installer will notify the Owner in writing of alternative soil stabilization method used. 3.4.3 The Landscape Installer will warrant all plant materials to remain healthy and alive for a period of one year after final acceptance. The Landscape Installer will replace all dead or unhealthy plant materials per the approved plans and specifications. 3.5 SITE CONDITIONS 3.5.1 The Landscape Installer will coordinate with the Owner and the Owner's biologist for construction scheduling. 3.5.2 The Owner will install silt fences as shown on the approved grading plans for both sites. The Landscape Installer is responsible for repair and replacement of silt fences disturbed during plant installation. No equipment or soils will be stored inside the silt fences or within the protected critical areas. 3.5.3 Orange construction fence will be placed around the mitigation areas as noted on the plans to prohibit equipment in the mitigation area of the project site. As noted above all planting will be by hand. The Landscape Installer will be responsible for maintenance of the construction fencing during installation and will insure that the fence is fully repaired as part of the final installation review process. 3.5.4 Soils exposed during plant installation al the project site will be seeded or mulched by the Landscape Installer using the native seed mix noted on the Mitigation Plan. 3.5.5 All plant material will be planted with suitable soils per planting details. Soils from planting holes will be spread and smoothed across the mitigation area. 4.0 MAINTENANCE PROGRAM INTRODUCTION This maintenance program outlines the program, procedures and goals for mitigation of the wetland and buffer impacts at the mitigation site. Maintenance is required for the mitigation site according to this program. This maintenance program will be the responsibility of the project Owner two times per year throughout the duration of the monitoring period. The maintenance will be completed as outlined below. 4.1 MAINTENANCE WORK SCOPE 4.1.1 The primary goals of the mitigation plan are to create wetland and preserve buffer areas a at the offsite mitigation area. To accomplish this goal, normal landscaping methods must be modified to include: a. No mowing or trimming of ground cover or vegetation in any parts of the protected critical areas except to control or eradicate invasive species, including blackberry, scotch broom, tansy ragwort, reed canary grass, etc. b. No placern;,nt of fertilizers in any parts of the protected critical areas in any parts of the protected critical areas. c. No placement of bark mulch or equivalent in any parts of the protected critical areas except around the individual shrubs and trees as noted in the planting details or in areas of invasive species removal. d. No placement of grass clippings, landscape debris, fill or ornamental plant materials in any parts of the protected critical areas. 4.1.2 Work to be included in each site visit: a. Remove all litter including paper, plastic, bottles, construction debris, yard debris, etc. b. Remove all non-native, invasive and noxious vegetation including blackberry varieties, thistles, tansy ragwort, scJtch broom, etc. Remove all vegetation, particularly reed canary grass, from the planting circle or inside the drip line of the plant, whichever is larger, adjacent to the installed shr~bs and trees. All.remov.al of vegetation is to be conducted by hand without the use of pesticides or chemicals. All debris is to be ·· removed from site and disposed in an approved landfill. Refer to agency list of noxious weeds for further information. c. Repair silt and/or construction fencing as needed. d. Repair permanent fencing and signage as needed. 4.1.3 Work to be completed on an annual basis includes: a. Replace dead or failed plant materials. Replacement plantings are to be of same species, size and location as original plantings. Plantings are to be installed during the dormant period. b. Remove tree staking and guy wires from all trees after one year. 4.2 MAINTENANCE SCHEDULE The Owner will conduct all items listed in the Maintenance Work Scope two times per year. Additional work may be required per the Monitoring Report and as approved by the City. Additional work may include additional watering, removal of the volunteer vegetation, particularly reed canary grass, around each planted shrub and tree, installation of wood chips at each shrub and tree base, reseeding the mitigation area, re-staking existing trees and erosion control protection. · 4.3 WATERING REQUIREMENTS 4.3.1 All plants in the mitigation area shall be watered during the first dry season (March through September) after installation .. Hand-watering may be used during this first growing season if the plants are installed during the dormant season (March 15 and October 15. However, a temporary irrigation system will be required (in the buffer area only) if the plants are installed between March 15 and October 15 of the installation year. The tempormy irrigation system may be removed after one year of monitoring at the approval of the permitting agencies providing the plantings are established and acclimated to on-site conditions per Construction and Plantings Notes Sec. 4.0. 4.3.2 Irrigation will continue from initiation through October 1st, or between June 1st and Oct. 1st for any subsequent year. Irrigation, if required, will provide head to head coverage for 15 minutes per day every day. 4.3.3 Hand watering may be approved by the City and other permitting agencies if water is not available to the site. A watering schedule will be approved by the Owner's biologist and the City, and other permitting agencies prior to final acceptance of the installation. · CLOSEOUT OF THE MONITORING PROGRAM Upon completion of the monitoring program and acceptance of the buffer mitigation by the agencies, the maintenance of the project will be reduced to include removal of litter and debris, repair of perimeter fencing and signage, removal of noxious weeds and undesirable vegetation, and repair of vandalized areas. 5.0 MONITORING PROGRAM 5. 1 SAMPLING METHODOLOGY The mitigatiqn area will be monitored 8 times over a five-year period. Monitoring will be conductedquarterly the first year and annually thereafter. Monitoring will be conducted using the techniques and procedures described below to quantify the survival, relative health and growth of plant material as well as the successful enhancement of the buffer vegetation. A monitoring report shall be submitted following each scheduled monitoring visit which will describe and quantify the status of the mitigation at that time. Both vegetation and hydrology will be monitored during each monitoring year. 5.1.1 Vegetation All the planted material in the mitigation area will be inspected during each monitoring visit to determine the level of survival of the installation. The health and vigor of the plants and the overall condition of the · mitigation areas will be noted. Healthy, vigorous plant material will be documented to determine both overall success of the plantings and individual species success. Vegetation monitoring will be completed during each site visit of each monitoring year and will be documented in the required monitoring reports. Additionally, peranent photo points wil.1 be estabolished to document vegetative reponse, and photos will be provided within the required monitoring reports. 5.1.2 Hydrology Hydrology will be monitored weekly from March through May throughout the monitoring period until which point it has been determined that wetland hydrolegy criteria have been .met in accordance with the Army Corp of Engineers guidance. Wetland hydrology will be considered present if innundation or saturation to the surface is present for 12.5 percent of the growing season, or approximatly 31 consecutive days. Hydrology will be monitored by the instillation of hydrology monitoring wells .. The locations of hydrology monitoring wells will be indicated on a map within the monitoring report. 5.2 STANDARDS OF SUCCESS 5.2.1 Standards of sucess for each of the Buffer Enhancement Area shall be as follows: a. Volunteer native, non-invasive species will be included as acceptable components of the mitigation succes and will count toward percent cover preformance standards. b. Success of the mitigation within the mitigation areas will be determined by Year 1 : 100 o/, survival of all planted shrubs and trees Year 2: .80% survival of planted material Year 3: 80% survival of planted trees and 55 o/, aerial shrub coverage at the end of Year 3 Year 4: 80% cover of planted trees and75 % aerial shrub coverage at the end of Year 4 Year 5: 80%, survival of panted trees and 80% aerial shrub coverage at the end of Year 5 c. Not more than 10'/, cover of non-native invasive species within mitigation area during any of the 5 years. 5.2.2 Standards of Success for the vVetland Creation Area shall be as follows: a. Volunteer native, non-invasive species will be included as acceptable components of the mitigation succes and will count toward percent cover preformance standards. b. Success of the mitigation within the mitigation areas will be determined by: Year 1: 100 °/, survival of all planted shrubs and trees, 50% ground cover of herbaceous· vegetation Year 2: 80% survival of planted material and 60% or greater ground cover of herbaceous vegetation Year 3: 80°/, survival of planted trees and 55 °/, aerial shrub coverage at the end of Year 3 Year 4: 80'/, cover of planted trees and 75 % aerial shrub coverage at the end of Year 4 Year 5: 80% survival of panted trees and 80% aerial shrub coverage at the end of Year 5 i . "----.... ,., ....... ,--·· ·,,;:.,,·_, ~.i~~S:'!-<I'.i:(~s _,_,.,.,. '. , . t, ,o., ,,, Not more than ,10°/, cover of nqn-native invasive species within mitigation area during any of the 5 years. ·, d. Successful hydrology will be determined by whether soil saturation or inundation occurs during the early growing season. Specifically, hydrology should meet the criteria as stated in the Department of Army Corp of Engineers delineation manual including the western regional supplement. 5.4 CONTINGENCY PLAN A contingency plan can be implemented if necessary. Contingency plans can include additional plant installation, erosion control, and plant substitutions including type, size, and location. If the monitoring results indicate that any of the performance standards are not being met; ii may be necessary to implement all or part of the contingency plan. Careful attention to maintenance is essential to ensure that problems do not arise. Should any part of the site fail to meet the success criteria, a contingency plan will be developed and implemented with the City and permitting agencies' approval. Such plans are prepared on a case-by-case basis to refiect the failed mitigation characteristics. Specific conditions that could require development of a contingency plan may include but are not limited to: a. Failure of the mitigation project to meet the standards for plant survival identified in Section 5.2 Standards of Success. b. Failure of the mitigation project to meet wetland hydrology criteria within the wetland creation areas.· Contingency/maintenance activities m~y include, but are not limited to: a. Replacing all plants lost to vandalism or mortality at the. end of the Year 1. b. Substituting any plant species with a 15 percent or greater mortality rate at the end Year 1 with a similar species approved by the City and the permitting agencies. Substituted plants will be installed in the same quantities and locations as shown on the approved Final Mitigation Plan. c. Temporary irrigation of the mitigation area may be required as necessary during dry weather if plants appear to be too dry during any site visit of the monitoring. Irrigation will be provided as noted in Section 4.3 Watering Requirements. d. Reseeding the enhanced stream and wetland buffer areas with an approved grass mixture as necessary if erosion/sedimentation occurs. f. Removing all trash or undesirable debris from the mitigation areas as required in Section 4.0 Maintenance Program. Removing invasive species fror11 the mitigation areas as required in Section 4.0 Maintenance Program. Sewall Wetland Consulting, Inc. 27641 Covington Way SE #2, Covington, WA 98012 253-859-0515 Fax 253-852-4732 (/) z D f-1 (/) f-1 > w Cl'.'. " 11!m U'';::.: .~~ii f't1:1L, ",)'<Jt ·;«v:,, ,;,;F/~'·' t/}i ,,;;_j_•C_' 'o"c-·.1 !'f>F1!-' /?!{;,_} ,. _, \c'" ~)ii;)''' J~:'.1{i} ,,,c'f-J;£ t~fin iit~~ :.ki-"'f <· 1'·.!, -, ,-,_u-:·'.-· ·c···Pr ',.F '.'j f\[0] - ._;!''Hi*"! ::;-;:, f:? tTF:•, it, <l <l <] <l Job No. A?-??? Designed by: ?? Drawn by: . AW Checked by. Date: MONTH-YR SHEET W-? OF W-? ·"··-------·---'. · ~ " I' .-1:·1, '" ,• ._ ' ·,.-'. ·, '·'£'ii, r, t-!J• ,.p ,,.,,: >icl.,f,''"' ·:M•tm ;11 :1,·· ;W/