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Home My WebLink AboutReport 01-. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M 0 RAN DUM DATE: September 26, 2016 TO: Official File / LUA16-000025 Union Avenue Lot Line Adjustment FROM: Jill Ding, Senior Planner SUBJECT: Principles of Acceptability of a Lot Line Adjustment Section 4-7-0608, lists 3 principles of acceptability that the Administratar or designee cansiders, along with all other relevant information, when making a decision on 0 Lot Line Adjustment application. Check the appropriate box and give analysis, if necessary: D _ Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments; Staff Analysis: [8J Improving: Create better lot design, or improve access; Staff Analysis: The purpose of the lot line adjustment is to adjust the dimensions of two lots such that each lot would have an adequate building envelop for the construction of a single family residence. [8J Conforming: Conform to applicable zoning: see chapter 4-2 RMC, subdivision and other code requirements pertaining to lot design, building location and development standards. Staff Analysis: The proposed lot line adjustment revises the lot lines such that the proposed lots would comply with the zoning and development standards. Principles of Acceptability of Lot Line Adjustment • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ------------------------------ • MEMORANDUM DATE: TO: FROM: SUBJECT: September 26, 2016 City Clerk's Office Jill Ding, CEDPlanning, x6598 Union Avenue Lot Line Adjustment; File No. LUA16-000025, LLA Attached please find five sets of the above-referenced mylar and three copies for recording with King County. Please have Postal Express take these documents via: Same-day service ($36.04)-10:00 AM deadline to City Clerk Attached is a check for the amount of $36.04 for the fee to Postal Express. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000.000000.007.558.60.49.003. Please call me at x6598 if you have any questions. Thank you. cc: Yellow file • REQ~ESir'FOR I:)(l)CIlIME:NiFS ifQ ~E 'BEGORDEp ~y, , ,Kl['ilG CQUNi¥BECQRDS, ~ ~l~c;rIO~S QIMISIQN oi<Submit with OO!lurnents1l' iii LLI NSi, .iXCCO.tJ.NTrN U MB~R; CXX!J. 000900. QD7. 5'3%. ~Q. '1"" ~3 -, ---- -_. -------. ------------- - 00C;;l;JMr;N'lifYp~: UFE0IVl> !;lA'fE-(if a.pp.lic~blE:!): 'QES€,~IPlll0N!PURf?QSE/P.ILE~:.F~~cJi~·IQ~ /;YII \+Q'tN'1<'l~ ,:~t±h ~t.4~: ~"ch~ ~o~.LLMllo.~ab fwD' lotS ,', CII:RD 'INDEXING NQT~S (incluge cross-r~fer~nGing to other fileS or #'~): , _Y-n ;~ "A~, Lo1-lire ... Ad.J~&1, ~-1 __ , , ?pl;C;IA~ REt.OROINGINSTRUCTIONS (attach seRa rate memo fqr sJrilultaneous recQrdin~s): ,NItA, _. ,. __ " ADDRESS: . '3't{'{'j'lO· 0"1'10 P.I.D:~'1a,'305-q~. H-R: --,=-,-'i_-_'9.,"-,',,'3~.'~N __ -~S_f~~~~.-'---=~ CROSSS'TREETS: u..'(l.\onAvt.. T\)E ~ ~fOt0~ c± , Q:\P.RINT\Jn\ReJ;prding Docs,Purpl~ Sheet -master.doc ' ~--------• • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------... Renton e M E M 0 RAN 0 U M DATE: August 22, 2016 TO: Ann Fowler, Plan Review FROM: Jill Ding, CEO Planning, x6598 SUBJECT: Union Ave Lot Line Adjustment, File No. LUA16-000025, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review acceptance: cc: Yellow File Approval Memos - ----------------, • • -DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ----",.".,,-s1'"Ren ton ® MEMORANDUM DATE: August 22, 2016 TO: Amanda Askren, Property Services FROM: Jill Ding, CED Planning, x6598 SUBJECT: Union Ave Lot Line Adjustment, File No. LUA16-00002S, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services acceptance: ~q/J//b Amanda Askren, PLS Date cc: Yellow File Approval Memos ------------------------------------------- --~~---~ --, • • @ Denis Law Mayor . ,-:'. ..' .' Community & Economic Development C. E. "Chip" Vincent, Administrator September 1, 2016 Cliff Williams Development Management Engineers, LLC 5326 SW Manning Street Seattle, WA 98116 SUBJECT: REQUEST FOR SIGNED PLAN SETS AND NOTICE OF LOT LINE ADJUSTMENT APPROVAL LUA16-00002S I Union Ave Lot Line Adjustment Dear Mr. Williams: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to send the final version for recording. Please submit five sets of original signed lot line adjustment plan sets and a check for $36.04 made out to Postal Express to my attention at the sixth floor counter of City Hall. Please verify that the plan sets have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, September 15, 2016. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk's Office, (425) 430·6510. If you have further questions regarding this project, please call me at (425) 430-6598. Sincerely, '7J--O ~ Senior Planner cc: Tuscany Construction / Owner 1055 South Grady Way, Renton, WA 98057 -rentonwa.gov • • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ----~ ... Renton e M E M 0 RAN 0 U M DATE: August 22, 2016 TO: Ann Fowler, Plan Review FROM: Jill Ding, CED Planning, x6598 SUBJECT: Union Ave Lot Line Adjustment, File No. LUA16-00002S, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review acceptance: Name Date cc: Yellow File Approval Memos • • -DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ----------Renton ® M E M 0 RAN 0 U M DATE: August 22, 2016 TO: Amanda Askren, Property Services FROM: Jill Ding, CED Planning, x6598 SUBJECT: Union Ave Lot Line Adjustment, File No. LUA16-00002S, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services acceptance: Amanda Askren, PLS Date cc: Yellow File Approval Memos • • . DJYeJopment .Manacemimt.Engineers. LLO 5326 SW Manning St Seattle, WA 98116 MEMORANDUM a/f Union Ave Sku: l Pial LUA 16-000025 Response to Review Comments dated Jan 14, 2016 Technical Services Comments: A Improvements on additional properties. Parcel B1, the existing ingress/egress easement is included in the project. The owners of this property are signatures to the LLA map, See Sheet 1. A Storm sewer and utility easement. See Burnham easement, the easement has been updated to inlcude both lots. A Land use number and new address: Added to LLA maps. A City of Renton "Approval" block: See sheet 1. . . A All vested owners need to sign: See sheet 1 A Easements can be recorded concurrently: Some easements have already been recorded and some will be recorded concurrently, see sheet 2. A New private access/utility easement: See sheet 2 and recorded easement documents. A Declaration of Covenant for Short Plat: See sheet 1. Engineering Review Comments: A Dedication of 15.5 feet of ROW. See attached document and sheet 2 J,. Waiver for frontage improvements: See Lot 1 building permit for approved civil plans for frontage improvements. Waiver document not provided to applicant. J,. An access/utility easement is needed from Lot 1 for Lot 2: See sheet 2. Drainage Plans: RECE'P:iJ J,. Provided per cover letter. (;;1'1 C"l Pl;\Ni\:I~~' UI'~._ . oJ" Prepared by: Cliff Williams, PE Aug 18,2016 • , :;. . ,' , .E ..... r-o--: • ? " . , ,j"'f" , H • , ~l)' ~f~ ',;' . . rL ;to ,,' " , , , , ~'H ,':C ' ....• ··'''f ,. ", r: 'r",; .'" , , - . , • \.: .. , .' :,~t. ',-. \ :. ;,:'1-I·H'VVU!')~ -': a'n~II,8-.·;'\ ~'i~' :'r .it ~.;~ •.. :) 'j ;-.;~ ....• """,. ,... Ji"': l':l~' ~ ,t~ih.,.l ,~rl }l-,\w:;~' it? .·!'~(.i .,-1'.: :. 'j~.!.I,j. l'~ ;):; ... ~Il ,Jr' ,,' i-C I. " :: .. ' ~ '. , . t. r . .' I' '~'.' , .~ • I . -,,, • Denis Law s# -.--........ C~it~y~o~f·~,-----....,..--- __ ~M=aYor __ ~~~~$fQ~tQrJU February 18, 2016 Cliff Williams, PE Community & Economic Development Department C.E. 'Chip'Vincent, Administrator Development Management Engineers, LLC 5326 SW Manning Street Seattle, WA 98116 Subject: REVISION REQUEST/ON HOLD NOTIFICATION Union Avenue Lot Une Adjustmentame of Project I LUAl6-00002S, LLA Dear Mr. Williams: The City of Renton has completed the initial review of your proposed lot line adjustment and determined that additional information will be required. Review of the Union Avenue Lot Line Adjustment is being placed on hold, pending the receipt of this additional information. The following changes will be necessary In order for the City to approve your proposal: 1. See attached plan review comments, dated February 16, 2016. Once the changes, as noted in the attached memo, have been made; please submit five copies of the revised lot line adjustment, drainage plans, and easement documents to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final signed documents. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-6598. Sincerely, 2:P) Senior Planner Attachments cc: Tuscany Construction I Owner Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov , . • ADVISORY NOTES TO APPLICANT LUA 16-000025 Application Date: January 14. 2016 Name: Union Avenue Lot Line AdjuSbnent PLAN -Boundary Adjustments • Site Address: 3956 NE 24th 5t Renton, WA 96059-3523 Version 11 . \, ," "~;, ", " .,'''' -.,"""'.",'".' • <,. ,'''':<i.'",;,,' ~ :.r\ ,',.":_ "",' '" '" .• Contact: 'Amanda'As!<ren 1425-430-73691 aaskren@rentonwa.gov . Improvements appear to be on additional properties not induded in the Lot Une Adjustment. The storm sewer and utility easement provided'is undear as to who the easement is being granted to. Declarations of Covenants, Conditions and Restrictions refer to common areas, but the infonnation submitted does not indude common areas. Note the City of Renton land use action number and land record number, LUA 16 000025 and LNO 30 0392. respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. The City of Renton "APPROVALS' block is signed by the City of Renton Administrator, Department of Community and Economic Development. All vested owner(s) of lhe subject, at the time of recording, need to sign the t1nal survey submittal. Parcel B as listed in the legal description is for an easement. This property is owned by someone other than the 2 parcels involved in the lot Une Adjustment Please address. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. If there is a new private access futilities easement, a -NEW PRIVATE EASEMENT FOR INGRESS. EGRESS & UTILITIES MAINTENANCE AGREEMENr statement should be noted on the survey drawing. The new easements for ingress, egress, utilities, etc. shown for the benefit of Mure owners of the proposed lots each need a note defining the rights assodated with the easement at issue. Since these new "proposed" easements shown aren't "granted and conveyed" until the benefited andlor burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this Short plat, in retum for the benefit to accrue from this subdiviSion, by si~ing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shan run with the land a8 shown on this short plat. The preceding statement obligates the seller of the lots aeated to ~expressly grant and convey" the lots "together with and/or subject to~ any new private easements delineated on the lot line adjust. ", . ." . . ... , ........ ,. .. ';'., .' . ,.". : .. .. , .Contee!: Ann Fowler. 1 425-430-7382 I afOWler@renlornila.gov. • . 1 " • Engineering RevJaw Comments' .,.". Engineering Review: Dedication of 15.5 feet of ROW is required along the property fronting Union Ave NE. Waiver of the frontage improvements is being reviewed separately. Revised plans show a stonn drain from lot 1 through lot 2. An access & utility easement is required for the stonn drain and the driveway. Ran: February 16. 2016 Page 1 of 1 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 • DEED OF DEDICATION Project File #: LUA16-000025 • Property Tax Parcel Number: 3448900440 Street Intersection: Union Ave NE & NE 24t Ct Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): 1. Tuscany Construction, LLe 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Full/ega/ description attached as Exhibit A on page L ) LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35, IN KING COUNTY, WASHINGTON. BEING A PORTION OF THE SE J>, NE J> SECTION 4, TWP. 23 N, RGE 5 E, W.M. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted Bv: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page 1 of 4 -C-'\ FrD n'.. . \. ::. t~·-,. __ . ft"'>-~"""",. --," ,.~,., "":;, \\ l' . .,,". PLN,!r'·~~:' \)IV'~~F.):\I • Exhibit A Legal Description • Project: UNION AVENUE LOT LINE ADJUSTMENT WO# PID: LUA16-000025 GRANTOR: TUSCANY CONSTRUCTION, LLC Slreel: UNION AVENUE NE THE EAST 15.50 FEET OF LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35, IN KING COUNTY, WASHINGTON. BEING A PORTION OF THE SE~, NE ~, SECTION 4, TWP. 23 N., RGE 5 E., W.M. CONTAINING 465 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. 06/24/' Page 2 6f4 Page 3 of 4 • • IN WITNESS WHEREOF, I have hereunto set mv hand and seal the dav and vear as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) 55 COUNlY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) 55 COUNlY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) 55 COUNlY OF KING ) On this day of .19-, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page 4 of 4 • Return to ' " .,/' ,;. . Tuscany cons'~ructjOn/{LC / Attn: Bob We~lk .. ,,'" " PO box 6127 Bellevue, WA 98008 .... i·,/ .;' ./ ... GRANTOR: Jan Short and Joan GRANTEm:'T\lSCany Construction, LLC LEGA£ DESC~PTION: Ponlon SE 1/4, NEI/4, :. """, (Additional legal d""ri~t;on'i$,c'li TJA9~o~~os: 3448900440,7788400025 , .,' dITAXNOT REQUlR"; ... : ._ .......... ,:) -. }' .. ian tQ ·RUQ.rds ~:":,/~ .)~;.-:~ [' .. '~;:' ,/ ":, .. """.". it: , PiigeiorS REC'::V':D r.' .-. .. ,,' • • • STORM DRAINAGE EASEMENT . Fo.~:a COIl~ide~t~~I'~;;~':OOo~oo. the p'Jl~.t of all taxes, fees. realtor/attorney costs, plus the restoration an,d impro\lem~ts li~ below, the prantoJ1; Jan Short and Joan Short. (hereinafter "Grantor"), the owner <¢that,:CeruUn Parcel(s)"¥. lari:d d,~n'bed w{follows: .. : ...• : ': ""':~' .:\ :.: ::' ::' .;' ,:::/ { ,.""''''''\''!;. < \OT.S, Bl;OCK,1, SIE.~Rl\.HEIGH~, AC;CORDI'jG IOTHE PLAHHEREOF RECORDED IN ··'·.NOWME'S4 OF PtATS}AGE 3.'~1C!6RDS OF KJN'i3eOUNTV, WASHINGTON. "'::. • '., .... 1 "f ::" }/:''';'!l {,. ... II :~;:; • .:it Hereby grants iln,d con~ys ta:the Qfantct~:Tuscany ConStruction, LLC. a Washington corporation limited liability compan)?{hefe'inaft~ "G~ntee"~ c~.~ o}~n'er:;ofthat certain parcel{s) of land described as follows: ,...;: '.' lOT X, HONEY eRi.EK Ejsr, A!iCOR.lilN<;,fo T~E P,!>I.THEREOF, RESQ.~DED IN VOLUME 261 OF PLATS, PAGES 32 T~~PUGH)jS, IN"KING CO~·N'l":·WASj:jINGTON. i '} " ':. '\" J' A STORM DRAINAGE easement ior.th.~ puWose:i:'fjnstal&~:usin'g. mam~fuing, repairing or replacing (with the same) a r stonn drainage pipe with ne¢esSiuy aPpurtelumces .for tti"e sole purposes of conveyance of domestic s10nn water generat~.~ by ~ de~'elopmenj'~n ~id 9fant~'<~.property. This stonn drainage ear,~ent is described as follows: ':'.:;< :: :: .••• , .... ~ ;:: .\:. }/ "'\:,\" ./:. \,. ritE W'ESllO FEET OF LOT 5, BLOCK 1, SIERRA HEtGH~~; ru::'CO~bING·lb,~tHt".PLA+,THERlROI{ /RECOROEO:.~.N VOLUME 54 OF PLATS, PAGE 3;'Rl;f9.ROS fl'F KI~G ~pUNl)'~,~!.sH'~GT9N. lor the construction and:)nstaUatlon of the storm drain on the West..Five ~et 9f Lot 5, as mea;i.Jre~ fro';' the west.~~opery;"'~unda:..v. ::;~' .. :/':' ./ ........... ;: :.i" /' ,:r ThdJrant~ shaii be ~sponsible for the installation, maintenance and/or ~pai'r'of~~ stQIm,:draiR.~ipe and n~~sSllJ'f:;:~ppwjiman~. The Gnmtee shall be responsible for the materia:l~ .. and h.:'.stal1,~ti~.t\ of ~:6' high ~ wqbd f~ an~,'two (2) gates(s) design offence, gate (s) and CompanY'htt¥ for.:·~tal1a~km shall be ,~pro~~ by 9ran~; """'.""."" ',.:\,.:-"" .' ·::Grant~~agtees to.i~si8I1, replace, '~d or repair fencing on the North. East and West sidi~ ,of-property, G~tor to apPTQ~e.ion~to~\ desfgn and fence type. Grantee shall pay for all costs of ~~tfrials and insta,':~.~:~:: .. ,.,/ :.r ;.:i:.' ,~.. .:.' ,/ .• """ '.:. Selected existing .hru~bert8nd lJ'CC$' within ttlt) 0' easement area shall be removed and replaced with shrubberylplants Qfthe·:Qn(nto'l',~c~Oosin~,:. The y.rest, north and east side shrubbery/plant beds will be finished with a top:.coat of3" Qfqedar.aro~ C~P'?!Itt. Disposal of chain link fencing. removed shrubbery, and con~ction .~br.is sh~1 be t~ r<ispqhsibility of Grantee. The excavation, installation, or repair of stonn drain ·littaU.not i~~erfe~ with existi~~ se~ic sy;.~tem or drain fields of Grantors property. No construction can commence:'~le~G'~~tor i~.:~ a~'~nd~~e 'J'~rin$ all construction phases except where Grantor has agreed in writing not.to be ~t. ::... " Grantee has responsibility for re~·it'ShaI{i·~cfude ~e re$i~ration of th~::8roJi1d surface to original or better condition if it is disturbed, The grantor shall.not coo",~t a~y s~ctures withll). this casement, but may ". "'."."'" .' ..•... .:" .:. , .,:, .... • • I fence or rockeI)'. The grantee shall indemnify. defend and hold Grantor harmless from and Bg,.;nst .my and all claims, costs and damages, including reasonable attorney's fees. arising in connection , Grantee's use of the easement rights granted herein. ,!~~::~;~;:. shall run with the land described herein, and shall be binding upon the parties, their heirs, .,;; and assigns. Grantors covenant that they are the lawful owners of the above they have a good and lawful right to execute this agreement. ~T~.E~)\".~I,".!'OI""'!~ 'G~,"tc" and Grantee has caused this Instrument to be executed this ;:)~~ ~y • INDIVIDUAL FORM OF ACKNOWLEDGMENT WASHINGTON ) SS rrii",":".rn, I • this in$trument and and voluntary act for the uses and Inthe LOT • • EXHIBIT "A" STORM DRAINAGE EASEMENT NE CT LOT X. HONEY CREEK EAST VOL 261. PAGES 32-35 LOT 6 23RD PL ., ...... ' .. ... ' ''''.1''' PQg. • of)' .: /' ,'-,13 _-5-,- ::;"",,;,:' r Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 • UENZE~ BOB • TEAS PAGE-001 OF 005 08/18/2016 12:01 KING COUNTY, UA 77.00 WATER EASEMENT Property Tax Parcel Numbers: 3448900440 & 0423059325 Project File #: LUAl6--000025 Project Name: Union Avenue lot Line Adjustment Reference Number!s) of Documents assigned or released: Additional reference numbers are on page n/a. Grantor!s): Grantee!s): 1. Tuscany Construction, LLC 1. City of Renton, a Municipal Corporation 2. The Grantor(s), as named above, for and in consideration of mutual benefits, do by these presents, grant. bargain, sell, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water with necessary appurtenances over, under, through, across and upon the following described property (the right-af-way) in King County, Washington, more particularly described as follows: LEGAL DESCRIPTION OF ENTIRE PROPERTY: Tax Parcel 3448900440 Lot X, Honey Creek East, according to the plat thereof, recorded in volume 261 of plats, pages 32 through 35, in King County, Washington. Tax Parcel 0423059325 Parcel A: Beginning 1020 feet north of the southeast corner of the southeast l' of the northeast l' of Section 4, Township 23 North, Range 5 East, W.M.; Thence North 88°19'21" West, parallel with the south line of said southeast 1', a distance of 305 feet to the true point of beginning; Thence continuing North 88°19'21" West 95 feet; Thence North 01°56'19" East, parallel with the east line of said southeast 1', a distance of 196 feet, more or less, to the north line of said southeast 1'; Thence south 88"19'21" East 95 feet; Thence south 01"56'19" West 196 feet, more or less, to the true point of beginning; Parcel B: A non-exclusive easement for ingress and egress described as follows: Beginning at said point 1020 feet north of the southeast corner of the southeast l' of the northeast l' of Section 4; Thence North 88°19'21" West, parallel with the south line of said southeast 1', a distance of 30 feet to the west margin of 132"" Avenue Southeast right-of-way and the true point of beginning; Thence continuing North 88°19'21" West 275 feet; Thence North 01°S6'19" East, parallel with the east line of said southeast 1', a distance of 30 feet; Thence South 88°19'21" East 275 feet to said west margin of 132"' Avenue Southeast; Thence South 01"56'19" West, along said west margin, 30 feet to the true paint of beginning Situate in the County of King, State of Washington. Page 1 of 4 EXCISE TAX NOT REQUIRED Klng Co. Recorda DMsion ~7'-~ \~ I • • For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining water lines and associated facilities, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement. restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in Immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface ofthe easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this If! day of ~. 20l.l.2. Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) 55 COUNTY OF KING ) I certify that I know or have satisfactory evidence that _________ _ -,_--.,.-,----:-:----:-:-:-::---,-:-:-:-__ -:---:-_signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the Instrument Notary Public in and for the State of Washington Notary (Printl ______________ _ My appointment expires: ____________ _ Dated: • Notary Seal must be within box Notary Seal must be within box • eal the day and year as written below. aiVIDUAL FORM OF ACKNOWLEOGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ -,---:-_:_--:-::-c-:--:---:--:c-c-:,-----;--:--:-signed this instrument and acknowledged It to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)/ _____________ _ My appointment expires:: ___________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certi that I know or have satisfactory evidence that ________ _ -'~=::..!2l2::=:.~~I!:....~ • ..'.M~~~~.:::~=_·.,_-Signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and ~--~~~~::~::~~~~~~d~g~ed~it~as~t2h~e~~~~~·)1 ~ .. _c~r-~~,---~ __ 4 .., t".e! to be the free and voluntary act of such Notary Public party/ nd purposes mentioned in the instrument. State of Washington ALLEN M HAN My Appointment Expires Aug 28, ~1t--f.--.J.6..6~====-------:"..,.,___.,.----------l Pub ic in a~ for the State of Washington ~----... ---"'"''"''(Print) Hllu M. UAA Notary Seal must be within box My appointment expires: C;)"n 7 ?j ?.o 1'1 Dated: '" "7.0' 0 CORPORA TE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) S5 COUNTY OF KING ) On this ___ day of ____ ~. 19-, before me personally appeared ~------------------------------------~_:_--_tomeknownto be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print)I ______________ _ My appointment expires:; ____________ _ Dated: F '\ --------------------------------,--- • • Exhibit A Legal Description Project: Union Avenue lot line Adjustment WOO PIO GRANTOR: Tuscany Construction, llC Street: Union Ave NE LEGAL DESCRIPTION OF PUBLIC WATER EASEMENT: Portions of Lot X, Honey Creek East (Tax Parcel 344890-0440-03) and Parcel A (Tax Parcel 042305-9325-03) as described in the Legal Description of Entire Property Herein, described as follows: Beginning at the southeast corner of said Lot X, Honey Creek East; Thence North 88"19'45" West, along the south line of said Lot X, a distance of 15,50 feet; Thence Nort 01"55'38" East 6,00 feet to the true point of beginning; Thence North 88"19'45" West 311,39 feet; Thence North 01"40'15" East 30,90 feet; Thence South 88"19'45" East 21.43 feet; Thence South 01"40'15" West 15,90 feet; Thence South 88"19'45" East 33,03 feet; Thence North 01"40'15" East 9,00 feet to a point on the north line of said Lot X; Thence South 88"19'45" East, along said north line, a distance of 4,00 feet; Thence South 01"40'15" West 9,00 feet; Thence South 88'19'45" East 219,17 feet; Thence North 01"40'15" East 9,00 feet to a point on the north line of said Lot X; Thence South 88"19'45" East, along said north line, a distance of 6,00 feet; Thence South 01"40'15" West 9,00 feet; Thence South 88"19'45" East 27,83 feet; Thence South 01"55'38" West 15,00 feet to the point of beginning, Containing 5,102 sqaure feet or 0,12 acres, more or less, Situate in the SE Yo, NE Yo, Section 4, Township 23 North, Range 5 East, W,M" City of Renton, County of State of Washington, 08/11/16 Water Easement 20160811\ Page 3 of 4 FORM 03 OOOB/bh • • Map Exhibit EXHIBIT "B" PUBUC WATER EASEMENT Ie e -- 18 .t e -:-~~~ ~'4" 8 14 I I PARCEL A \ 9 IS r-. 8 HE(~nIo CT PARCEL B L LJ'::.. LOT x: HONEY eRE£(( £AST---.J L-.J PUBUC w.~~ EASEMENT a 4 ~ G e 7 ~~~ ;P-, ----1;£-HE 23RD PL NOT TO SCALE 08/1 Water Easement 20160811\ Page4of4 FORM 03 0008/bh • • DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNION AVENUE LOT LINE ADJUSTMENT RENTON, WASHINGTON • • TABLE OF CONTENTS Page DESCRIPTION OF THE LAND ARTICLE 1 INTERPRETATION l.l Liberal Construction I 1.2 Covenant Running with Land I 1.3 Declarant is Original Owner I 1.4 Captions 2 1.5 Definitions 2 1.6 Percentage of Mortgagees 3 1.7 Percentage of Owners 3 ARTICLE 2 OWNERSHIP OF COMMON FACILITIES 2.1 Ownership of Common Facilities __ --:::----;:-;-:-_____ 3 2.2 Association Failure To Maintain Common Facilities 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 3.2 Owner's Rights of Enjoyment __________________ 4 _______________________ 4 Delegation of Use ARTICLE 4 OWNERS ASSOCIATION 4.1 Establishment :--_______________ 5 4.2 Form of Association 5 4.3 Membership 5 4.4 Voting 5 4.5 Bylaws of Association 6 ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development _________ 6 5.2 Management by Declarant =c,-----------6 5.3 Management by Elected Board of Directors 6 5.4 Authority and Duties of the Board 7 ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF OWNERS 6.1 Catch Basin ________________ 9 6.2 Easements ___________ 9 6.3 Common Drives _______________ 9 6.4 Storm Runoff -::--_-.,--_----:-::-:---:-_________ 9 6.5 Storm Detention Operations and Maintenance _____ 9 • • ARTICLE 7 COMMON EXPENSES AND ASSESSMENTS 7.1 Creation of the Lien & Personal Obligation of Assessments 9 7.2 Uniform Rate 10 7.3 Initial Assessment Amount 10 7.4 Limitation on Annuan Assessment Amount 10 7.5 Manner and Time of Payment II 7.6 Accounts 11 7.7 Lien 11 7.8 Waiver of Homestead 12 7.9 Continuing Liability for Assessments 12 7.10 Records, Financial Statements 12 7.11 Certificate of Assessment 12 7.12 Foreclosure of Assessment Lien, Attorneys' Fees & Costs 12 7.13 Curing of Default 13 7.14 Omission of Assessment 13 7.15 Assessment Deposit 13 7.16 Exempt Property 13 7.17 Effect of Legal Proceedings 14 ARTICLE 8 COMPLIANCE WITH DECLARATION 8.1 Enforcement 14 8.2 No Waiver of Strict Performance 15 8.3 Right of Entry 15 8.4 Remedies Cumulative 15 ARTICLE 9 LIMITATION OF LIABILITY 9.1 No Personal Liability 15 9.2 Indemnification of Board Members IS ARTICLE 10 MORTGAGEE PRO..:.T.:::EC;:::T.=ccI:.:;O:.:.N'----______ _ 10.1 Priority of Mortgagee 16 10.2 Effect of Dec1aration Amendments 16 10.3 Right of Lien Holder 16 10.4 Change in Manner of Architectural Review & Maintenance Within Project 10.5 Copies of Notices 10.6 Furnishing of Documents ARTICLES 11 EASEMENTS 11.1 Association Functions 11.2 Easements Over Common Facilities 11.3 Access to Public Streets 17 17 17 17 17 17 • • 11.4 Utility Easements ________________________ 17 ARTICLE 12 TERM OF DECLARATION 12.1 Duration of Covenants 18 12.2 Abandonment of Subdivision Status 18 ARTICLE 13 AMENDMENT OF DECLARATION, PLAT MAP 13.1 Declaration Amendment 18 13.2 Amendments to Conform to Construction 19 13.3 Amendments to Conform to Lending Institution Guidelines 19 13.4 Article IS Amendments 19 ARTICLE 14 INSURANCE 14.1 Insurance 19 ARTICLE 15 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 15.1 Annexation and Withdrawal by Declarant 20 15.2 Non-Declarant Annexations 20 ARTICLE 16 MISCELLANEOUS 16.1 Notices 20 16.2 Conveyances, Notice Required 21 16.3 Successor and Assigns 21 16.4 Joint and Several Liability 21 16.5 Mortgagee's Acceptance 21 16.6 Severability 22 16.7 Effective Date 22 16.8 Government Right of Access 22 EXHIBIT A LEGAL DESCRIPTION 24 • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNION AVENUE LOT LINE ADJUSTMENT RENTON, WASHINGTON THIS DECLARATION is made this DAY OF ______ 2016, by the undersigned TUSCANY CONSTRUCTION, LLC DESCRIPTION OF THE LAND A. TUSCANY CONSTRUCTION, LLC owns certain real property located within the State of Washington, which property and improvements are commonly known as the UNION AVENUE LOT LINE ADJUSTMENT, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Project"). NOW, THEREFORE, TUSCANY CONSTRUCTION, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on TUSCANY CONSTRUCTION, LLC, their respective successors, heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. TUSCANY CONSTRUCTION, LLC is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof • • except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.2 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.4 "Declarant" shall mean TUSCANY CONSTRUCTION, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.5 "Declaration" shall mean this declaration and any amendments thereto. 1.5.6 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 1.5.7 "Lot" shall mean and refer to any plot ofland shown upon any recorded Boundary Line Adjustment Map of the Project. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as tenants in common, nor included any land shown on a Boundary Line Adjustment Map but dedicated to the public or to a government entity. 1.5.8 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.9 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale ofa Lot. 2 • • 1.5.10 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person ofrecord holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.11 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.12 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.13 "Map" shall mean any Boundary Line Adjustment Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Maps depict the layout of the Lots on the Project. \.5.14 "Plat" shall mean and refer to the boundary line adjustment map of UNION AVENUE LLA as recorded in Book __ of Surveys, Pages _ through ___ Records; of King County, State of Washington, under Recording No. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. ARTICLE 2 OWNERSHIP OF COMMON FACILITIES 2.1 Ownership of Common Facilities. All Common Facilities (pavement, drainage structures, including but not limited to pipes, catch basins, water quality, detention and control facilities) shall be owned by the Association. The Common Facilities shall exclude those portions offacilities and utilities which have been or may hereafter be, dedicated to and owned by the public or a governmental entity or private utility company. The Common Facilities shall for all purposes be under the control, management and administration of the Declarant until all Class B membership (as 3 1..... ____________________________________________ _ • • defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Facilities in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. 2.2 Association Failure to Maintain Common Facilities. In the event the Association fails to meet its maintenance responsibilities for the Common Facilities, each Lot owner will have an equal and undivided responsibility for such maintenance and is jointly liable for the failure to do so. ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive right, in common with all Owners, of enjoyment in and to the Common Facilities that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following provisions: 3.1.1 The rights of the Association to dedicate or transfer all or any part of the Common Facilities, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. 3.1.2 The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the Common Facilities and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 10.5. 3.1.3 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to the public. 3.1.4 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.1, 3.1.2 and 3.1.3 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), hislher right of enjoyment of the Common Facilities to the members ofhislher 4 • • family, or hislher tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to hislher temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called UNION AVENUE LLA HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any contlict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration shall prevail. 4.3 Membership. 4.3.1 Oualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer oftitle to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. 4.4 Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to (10) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against the combined number. If Declarant elects to 5 • • annex Additional Lands pursuant to Section 15.1, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of anyone Lot shall be (1) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any contlict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLES MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not be bound directly or indirectly to any contracts or leases without the right of termination exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract. 5.3 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 6 • • 5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the operation, maintenance, repair, improvement and replacement of those portions of the Common Facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. 5.4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Facilities, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Facilities. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Facilities casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 15. 5.4.5 Maintenance and Repair of Common Facilities. Pay for the cost of painting, maintenance, repair of all landscaping and gardening work for all Common Facilities, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulation and the provisions of this Declaration. 5.4.6 Maintenance of Rights of Way. etc. Pay for the costs of maintaining and landscaping of rights of way, traffic islands and medians, or other similar areas which are not part of the Lots or Common Facilities but which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 7 • • 5.4.7 Fences. Landscaping. etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and interior fences, and landscaping and improvements on easements, if any, which are located on or across Lots including the common landscape area within the storm drainage easement adjacent to Lot 2 provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.9 Contracting and Payment for Materials. Services. etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as hislher attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Facilities, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.4.12 Adoption of Rules and Regulation; Fines. When and to the extent deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of 8 • • this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE 6 USE AND MAINTENACE OBLIGATION OF OWNERS 6.1 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September IS"' of each calendar year. 6.2 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Boundary Line Adjustment Map and as described in Article 1-1. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise provided in Section 11.4, any easement or portion thereoflocated on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 6.3 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shal1 be placed thereon of therein except by express written consent of the Board. 6.4 Storm Runoff. Each Lot Owner shal1 ensure that al1 roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shal1 be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 6.5 Access Road and Stormwater Operations and Maintenance. It is the responsibility of the Association to maintain the access road including the road stormwater collection system, until such time that those improvements are deeded or sold to a government agency, which will assume maintenance and responsibility of such improvements. These covenants may not be amended to eliminate the requirements to maintain the storm water facilities, private roadways and other common facilities, or permitting conveyance of those features to a third party without the written permission of the City of Renton. ARITCLE7 COMMON EXPENSES AND ASSESSMENTS 7.1 Creation ofthe Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of 9 • • any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to the title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable for installments that become due on and after said date. 7.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for cost incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 7.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time ofhislher purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of $150.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 7 and shall be for the purpose of reimbursing the Declarant and/or Association for maintenance and operating expenses of and for the Common Facilities during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liable for any initial assessments assessed or due so long as Declarant owns any Lot. 7.4 Limitation on Annual Assessment Amount. 7.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more then $250.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provision of this Declaration nor any initial 10 • • assessments provided for in Section 7.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 7.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 7.4.1 shall not be increased by more than fifteen percent (15%) without the approval of a majority of the Lot Owners voting at a meeting duly called for such purpose. 7.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 7.4.1 and 7.4.2 shall require the calling ofa meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 7.5 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (IS) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent (15%), and the Board may also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days. 7.6 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 7.7 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over al\ other liens and encumbrances, recorded or unrecorded, limited as provided in Section 10.1. Suit to recover a money judgment for unpaid assessments or 11 • • charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 7.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 7.9 Continuing Liability for Assessments. No Owner may exempt himselflherself from liability for hislher Assessments by abandonment of hislher Lot. 7.10 Records. Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 7.11 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien ofhislher encumbrance. 7.12 Foreclosure of Assessment Lien. Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 12 • • 7.13 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim oflien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the tenn "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 7.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect ofthe provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 7.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (I) annual assessment, plus either one (1) special assessment if special assessments are payable on an annual basis, or three (3) special assessment installments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (10) days or more delinquent in paying hislher assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 7.16 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 13 • • 7.16.1 All properties dedicated to and accepted by a governmental entity, 7.16.2 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 7.16.1, and 7.16.2 and which are devoted to dwelling use, shall not be exempted from said assessments. 7.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 8.1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE 8 COMPLIANCE WITH DECLARATION 8.1 Enforcement. 8.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on hislher own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 ofthis Declaration. 8.1.2 Compliance of Lessee. Each Owner who shall rent or lease hislher Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles ofIncorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 8. 1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 14 • • 8.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 8.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 8.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 9 LIMITATION OF LIABILITY 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 9.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a 15 • • party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of hislher duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligation assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 10 MORTGAGEE PROTECTION 10.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 10.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent proVISIOns. 10.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 16 • • 10.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and seventy-five percent (75%) of all Owners (other than Declarant) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep oflawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 10.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration. 10.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies ofthe Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 11 EASEMENTS 11.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 11.2 Easements Over Common Facilities. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Facilities, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project. 11.3 Access to Public Streets. Each Owner and hislher guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 11.4 Utility Easements. On each Lot, easements are reserved as provided by the Boundary Line Adjustment Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and 17 • • accessory equipment, together with the right to enter upon the Lots at all times for said purposes. ARTICLE 12 TERM OF DECLARATION 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years each, unless an instrument executed in accordance with Section 13.1 below shall be recorded, abandoning or terminating this Declaration. 12.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or terminate the subdivision status ofthe Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 13 AMENDMENT OF DECLARATION 13.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if the Owners vote for such amendment or without any meeting if all Owners have been duly notified and all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of all the Owners and all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Facilities, insurance or bonds; use of Common Facilities, responsibility for maintenance or repairs, expansion or construction ofthe Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Facilities into Common Facilities or vice versa; dedicating or transferring all or any part of the Common Facilities to any public agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the interests in Common Facilities; or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a written request to approve an amendment shall be deemed to have approved the request. In all 18 - ---------- • • events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. Notwithstanding the foregoing, this declaration may not be amended to eliminate the requirement to own and maintain the Common Facilities as described in Article 2, as required by approval of this subdivision, without the prior approval of the City of Renton. 13.2 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 13.3 Article 15 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration as are necessary in the exercise of Declarant's powers under Article 15. Annexations provided for in Article 15 shall be approved and recorded as an amendment to this Declaration as provided in this Article 13. ARTICLE 14 INSURANCE 14.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Facilities (and Common Facility improvements), if any, including common personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Facility improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or placement of the property damaged or destroyed, the Association may make a reconstruction assessment 19 • • against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 15 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 15.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality, or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. 15.2 Non-Declarant Annexation. Annexation of Additional Lands other than Declarant annexations provided for in Section 13.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 12.1 ARTICLE 16 MISCELLANEOUS 16.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or if no such address is filed, then to the address of the Owner's Lot. 20 • • (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 16.2 Conveyance, Notice Required. The right of an Owner to sell, transfer, or otherwise convey hislher Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notice the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 16.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 16.4 Jojnt and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 16.5 Mortgagee's Acceptance. 16.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 16.5.2 IAcceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that 21 • • this Declaration is binding upon all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 16.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 16.7 Effective Date. The Declaration shall take effect upon recording. 16.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 22 --------------_._------- • • IN WITNESS WEREOF TUSCANY CONSTRUCTION, LLC have executed this Declaration the day and year first hereinabove written TUSCANY CONSTRUCTION, LLC a Washington limited liability company By: __________________ __ STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the ---:_----,-,---, ___ ----,--,--,--,-is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the MANAGER of TUSCANY CONSTRUCTION, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED __________ , 2016 Print Name: _______ _ NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: _____ _ 23 • • EXHIBIT A Legal Description of the Project Real property in the County of King, State of Washington, described as follows: PARCEL A: LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35 IN KING COUNTY, WASHINGTON. PARCELB: BEGINNING 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , THENCE NORTH 88·19'21" WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 305 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTH 88·19'21" WEST, 95 FEET; THENCE NORTH 01·56'19" EAST, PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 196 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHEAST 1/4, THENCE SOUTH 88·19'21" EAST 95 FEET, THENCE SOUTH 01·56'19" WEST 196 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCELB1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST Yo OF THE NORTHEAST 1/4 OF SECTION 4; THENCE NORTH 88·19'21" WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 30 FEET TO THE WEST MARGIN OF 132ND AVENUE SOUTHEAST RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88·19'21" WEST 275 FEET; THENCE NORTH 01·56'19" EAST, PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 30 FEET; THENCE SOUTH 88·19'21" EAST 275 FEET TO SAID WEST MARGIN OF 132ND AVENUE SOUTHEAST; THENCE SOUTH 01·56'19" WEST, ALONG SAID WEST MARGIN, 30 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 24 '. ~...,.~~.r---__ _ .:..-.""",-D~e~~:~~~raw_' ........ __ --.. .,,'" D J ,,' ,City °r?1 " " , <~y '0 ,'~@]1~®J]j, ~~;' , Community & EcclI;omic Development Department' February 18; 2016 Cliff Williams, PE Deli~lopmentManag~mEmt Engineers,'LLC , 5326 SW Manning Street Seattle, WA 98116 " ' , , , C£~Chip"VinceniiAdministrator ' Subject: REVISION REQUEST/ON HOLD NOTIFICATION Union Avenue Lot Line Adjustmentame of Pr~j~i:t:1 LUA16-00002S, LLA, ,. ;' -., . . ... bear Mr. Williams: " The City of Renton has complete'd the initial review of your proposed lot line adjustment " and,determined that additional information will be required. Review otthe Union,Avenue tot Line Adjustment' is being placed on hold; pending the receipt of this additional , , information: ' Thef()lIowing changes will be> riecessary in, order' for the City to approve Y0l!r proposal: ' 1. See attached plan review comments, 'dated February 16, 2016. " , • ,"> .' .-" Once the changes, as noted irithe attached memo, have been made; please submit five copies of the revised lot line adjustment, drainage plans, and, easement documeritsto me . at the sixth floor counter of City Hall. The revised plans will be routed for final review and, you will ,be notified when it is appropriate to submit thetinal Signed d~cuments. If you have any, questions regarding your application' or the changes requested above, please contact me at (425) 430-6598. . ' Sincerely, (JJJ ,~ ~IDing Senior Planner Attachments cc: Tuscany Construction / Owner Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov II I • ADVISORY NOTES TO APPLICANT LUA 16-000025 Application Date: January 14, 2016 Name: Union Avenue Lot line Adjustment • ,--' Cit of, ___ ~ ~'(~l~'~'l((fi\rM'\ ,L!.'~I!~~J.;L!~~~~,~ Site Address: 3956 NE 24th St Renton, WA 98059-3523 PLAN -Boundary Adjustments Version 1 I The storm sewer and utility easement provided is unclear as to who the easement is being granted to. Declarations of Covenants, Conditions and Restrictions refer to common areas, but the information submitted does not include common areas. Nole the City of Renton land use action number and land record number, lUA 16 000025 and LND 30 0392, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. The City of Renton "APPROVALS" block is signed by the City of Renton Administrator, Department of Community and Economic Development. All vested owner(s) of the subject, at the time of recording, need to sign the final survey submittal. ParcelS as listed in the legal description is for an easement. This property is owned by someone other than the 2 parcels involved in the Lot Line Adjustment. Please address. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they Can be recorded concurrently with the lot line adjustment. The sUivey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. If there is a new private access futilities easement, a "NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENr statement should be noted on the survey drawing. The new easements for ingress, egress, utilities, etc. shown for the benefit of future owners of the proposed lots each need a note defining the rights associated with the easement at issue. Since these new "proposed" easements shown aren't Ugranted and conveyed" until the benefited and/or burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. The preceding statement obligates the seller of the lots created to uexpressly grant and convey" the lots Utogether with and/or subject to" any new private easements delineated on the lot line adjust. Engineering Review: Dedication of 15.5 feet of ROW is required along the property fronting Union Ave NE. Waiver of the frontage improvements is being reviewed separately. Revised plans show a storm drain from lot 1 through lot 2. An access & utili easement is required for the storm drain and the drivewa . Ran: February 16, 2016 Page 1 of 1 ---., , ,'" ' ! ' '-' -, -' -~ 'Denis Law , C' f' -----=May:.....o, ..,.,....,... ~.~ " ,,/. " -" • '''_'.' ·e _,' , .:_., ~ Januaiy28, 2016- Cliff Williams, PE ,(ommu'nity & Economic Development Department , , C.E."Chip"Vincent, Administrator Development Management Engineers"LLC 5326 SW Manning St. Seattle,WA 98116 , - Subject:. ' Notice of Complete Application' Union Ave. Lot Line Adjustmenti,LUA16-000025, LLA . -" Dear Mr. Williams: .', The, Planriing DiviSion of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepteq for review. Youwill be notified if any additional information is required to continue processing your application .. Please 'contact me at (425) 430-6598 if you have any questions. .' " Jill Ding Senior Planner cc: Tuscany Construction/LlC I Ownerls) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa,gov \ \ NAME: ADDRESS: CITY: • • LlAJ>, ,Iv oooo~ City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Tuscany Construction, LLC Union Avenue Lot Line Adjustment P. O. Box 6127 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ~956 NE 24"' St Renton, WA 98056 Bellevue, WA ZIP: 98008 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 206 714-6707 Parcel A 042305-9325 and Lot X 344890-0440 APPLICANT (if other than owner) EXISTING LAND USE(S): NAME: Undeveloped ~OMPANY (if applicable): PROPOSED LAND USE(S): SFR EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Residential Medium Density FITY: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if ZIP: applicable) TELEPHONE NUMBER: EXISTING ZONING: RoO CONTACT PERSON PROPOSED ZONING (if applicable): NAME: Cliff Williams, PE SITE AREA (in square feet): A.18,538 X.11,100 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): Development Management DEDICATED: 0 Engineers, LLC f,DDRESS: 5326 SW Manning St. SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOS EO RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle, WA ZIP: 98116 ACRE (if applicable) 2.9 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 2 206714-7161 cliff@Sltedme.com NUMBER OF NEW DWELLING UNITS (if applicable): 2 C:\ Users\Bob\AppData \Laca I\Microsoft\ Windows\ T em porary Internet Files\Content,Outlook\ U N05J403\masterapp (1).doc . 1 I , ! INUIMtjt:K OF EXISTING DWELLING o THE SITE LOCATED IN ANY TYPE OF r:>UIUA~(t: '''~mr''r.,,, OF PROPOSED RESIDENTIAL IOUILUI"~'" (if applicable): Lot 1: 2726 Lot 2: 3079 Y CRITICAL AREA, PLEASE INCLUDE l"I.lIU"t<t: FOOTAGE (if applicable): I'>UIUA~(t: FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS REMAIN Of applicable): D AOUIFIER PROTECTION AREA ONE OF PROPOSED NON-RESIDENTIAL ItlUILUIIN'-''' (if applicable): D AOUIFIER PROTECTION AREA TWO l"'U'UA~(t: FOOTAGE OF EXISTING NON-RESIDENTIAL LDINGS TO REMAIN (if applicable): FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if INUIMtjt:K OF EMPLOYEES TO BE EMPLOYED BY THE NEW (if applicable): 0 D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES LEGAL DESCRIPTION OF PROPERTY ___ sq. ft. ___ sq. ft. ___ sq. ft. ___ sq. ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF SECTION --...!.... TOWNSHIP A... RANGE ~ IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP .L2en;r A U/c:'7VzL I, (Print Name/s) '"/ , declare under penalty of pe~ury under the laws olthe State of Washington that I am (please check one) 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 i ation herewith are in all cts true and correct to the best of my knowledge and belief. Date Signature of Owner/Representative Date STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Io~~ ,R.a,;~ ! t1"'~ iJ/ls /1tK~ Dated Notary Public State ot Washington JEFF J WEMHOFF My Appointment Expires Nov 15, 2016 Notary (Print): My appointment expires: --,1...:.'_---'..(-,),--:...' 6=--_________ _ C:\ Users\Bob\AppData \Local\Microsoft\ Windows\ Temporary Internet Files\Content. Outlook\U NOSJ403 \masterapp (1).doc -2 • • LEGAL DESCRIPTION Real property in the County of King, State of Washington, described as follows: PARCEL A: BEGINNING 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , THENCE NORTH 88°19'21" WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 305 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTH 88°19'21" WEST, 95 FEET; THENCE NORTH 01°56'19" EAST, PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 196 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHEAST 1/4, THENCE SOUTH 88°19'21" EAST 95 FEET, THENCE SOUTH 01°56'19" WEST 196 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. LOT X: LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35 IN KING COUNTY, WASHINGTON. C:\Users\Bob\AppData \local\Microsoft\ Windows\ T em porary Internet Files\Content. Outlook\U N05J403\masterapp Il).doc -3 • • Union Avenue Lot Line Adjustment 3956 NE 24th Street 2 Single Family Residence PROJECT NARRA TIVE The proposal is to adjust the lot line (LLA) between 2 existing lots (Parcel Numbers 344890-0440 and 042305-9325) and construct 2 new homes. The properties are located in the Glencoe Neighborhood in the northeastern portion of Renton's East Plateau community planning area west of Union Avenue NE and just north of NE 23'" Place. Parcel 344890-0440 is a 30' strip fronting Union Ave NE and extending some 370' to the west. Parcel 042305-9325, a 0.43 AC site which adjoins the NW extent of the 30' strip. Both properties are presently undeveloped. The natural drainage from the properties is via sheet flow to the southwest and northwest with a natural drainage divide located near the midpoint of Parcel 042305-9325. The properties are relatively flat with about a 3% grade from Union Avenue to the west property line. Drainage ultimately flows to May Creek. Permits required: Land Use Action permit, Utility permits, and Building permits. Zoning designation: The property and adjoining areas to the east, west and south are zoned Single Family Residential R-6. The property adjoining to the north of parcel 042305-9325 is public lands zoned R-4. With the LLA, 2 lots will be established adequate for single family residential development based on R-6 zoning standards. Current Use: Vacant. Special features: There are no special features on the properties. Soil Type/Drainage: This property is underlain by Alderwood gravelly sandy loam (AgC) overlying glacial till soils that are essentially impervious. There is no stormwater infiltration proposed for this project. Proposed project stormwater facilities will include a storm water collection system, treatment and detention facility and controlled discharge to a public storm drain system. Proposed use: 2 single family residences Access: Access to the lots will be off Union Avenue NE from a proposed private access road internal to the project. The access road is located along the south 30' strip. This alignment will require removal of numerous significant trees. A water main extension, two fire hydrants, a fire department 20' minimum pavement width and fire truck turnaround and a portion of the storm drainage facilities will be installed within the access road. Proposed Off site improvements: The proposed off site improvements include a water main extension across Union Avenue to the site, a public storm drain extension from an existing storm drain in NE 23,d Place and sewer main extension from the existing sewer main located in a sewer easement bordering the west property line of the project. There are no frontage improvements proposed for Union Avenue NE. Trees removed: There are 25 significant trees on the two properties. All trees will be removed -14 will be removed as part of the private access road (to include accommodating Fire Department roadway width requirements) and water main extension, 11 will be removed for house construction. 1 tree will be removed from the adjoining property for storm drainage facility construction. Based upon the tree retention worksheet, 6 -2" caliper trees are required to be planted. Dedication to the City: There will be no dedications to the City. Proposed size, number and range: The 2 proposed lots are 9,025 to 20,613 square feet in area. lob shacks, sales trailers, and model home: No proposal at this time RECE\VED jf:\.H 1 4 2G1D erN o~ m..:.N10N PLANNING DIVISION ::.~ ,~' ... • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WAIVER OF SUBMITIAL REQUIRE,M~NTS, FOR LAND USE APPLICATIONS'; .J . . i • , I • I PlanQing Division .f. j'r , '. 1055 South Grady Way-Renton, WA 98057 Phone: 425'430-7200 Fax: 425-430-7231" ''',-'" ,-, J' . '. LAND USE PERMIT SUBMmAL REQUIREMENTS: Calculations I Construction Mitigation Description 2AND. Density Worksheet .; Drainage Control Plan , Drainage Report 1 . Elevations; Archite~yral'j ~N04. Environmental Checklist. Existing Covenant~ (R'ecorded Copy) lAND •. Existing Easements (Recorded Copy) lAND. ~Flood:Hazard Data 4- Floor Plans 3 AND 4 -~ . Geotechnical Report'· ..... . , ,2AND3 Grading Elevations & Plan;Conceptual 2 ··Grading Elevations & Plan, Detailed, . Habitat Data Report. -. 'Improvement Def;!rI·f.1 ; "Irrigation Plan •. WAIVED BY: MODIFIED BY: ..... , -,'" .,,,' :. ". " . .... ; ." ,'~ " ..... , . ...; "":',_ .. - COMMENTS: . ;', I, , '.' . ,.) '. \',. .. . . .~, . 'I .• •• , ... '.' '.,. H " ~,-. t . 'oJ>'. . " ' ,'r -', ,,' _!~,: \ ,. h , ' " .. ~ ... ,.., .1 " ' ~ '. - PROlE.CT N~ME: {JIt/IOt(I)t/E '''--Llt:;, '. j • J I " " ; • . DATE: _______ --:-__ -;-~ RP-' . :.:.D 1 H:\CED\Oata\Forms~Templates\Self~Help Handouts\Ptanning\Waiversubmittalreqs.docx j; .. ,.\ 1 4 20\6 . , Rev'OUl~ 0 .. ,)f RiENIU ~LANNING DIVISION • • LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED , 'COMM~N~S: BY: BY: . . ' King County Assessor's Map Indicating Site. , Landscape Plan, Conceptual. . " Landscape Plan, Detailed. Legal Description, ' , , , Letter of Understanding of Geological Risk. Map of Existing Site Conditions, Master Application Form. ' , Monument Cards (one ,per monument) 1 (, " .. Neighb,orho,?d Det~ilMap. ' , ' -. , , , , ;,-, . '" .. '. :t, .. , " ' .. Overall Plat Plan, Parking, Lot Coverage & Land§caping Analysis', n '-" " . , " .; ... : ...... ' .. ~ " Plan Reductions (PMTs). - Post Office Approval 2 ' .. " .. . ", -.. ;.:. " -, Plat Name Reservation. " ' ' , PlatPlan, -. <, .. < Preapplication Meeting Summary • Public Works Approval Letter, ' , c' ., - Rehabilitation Plan, ' " , Screening Detail • -,. I .. - Shoreline Tracking Worksheet. Site Plan 'AND' ' ~ , . " " .. Stream or Lake Study, Standard. j'lJ.. ' , , ,-<, -. " " , Stream or Lake Study, Supplemental. , .. • Stream or Lake Mitigation Plan. - Street Profiles, -. , , , , , Title Report or Plat Certificate lAND. . Topography Map. -' " Traffic Study 2 . -, , Tree Cutting/land Clearing Plan., ' " , . , ., -, ' , " Urban Design Regulations Analysis. " Utilities Plan, Generalized 2 .. , .. ' " . Wetlands Mitigation Plan, Final, t i' ; . ,~ , ' ' ---~.,~. Wetlands Mitigation Plan, Preliminary • 2 H:\CED\Oata\Forms-Templates\Self-Help Handouts\Planning\ Waiversubmittalreqs.docx '. Rev: 02/2015 , .. ... • LAND USE PERMIT SUBMITIAl REQUIREMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement, AND' Inventory of Existing Sites 2AND3 Lease Agreement, Draft, AND' Map of Existing Site Conditions 'AND' Map of View Area lAND] Photosimulations lAND! This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: \U 3 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx • COMMENTS: Rev: 02/2015 "Sight" Survey 990601-Z-0601 • Friday, October 23, 2015 11 :07 am. I'!\'" 1 Registered to: Hansen Surveying File Name: L:IDATAICOG0I2015121515.ASC Point Direction Distance Northing Database opened: Friday, October 23,2015 10:58 am. Importing Coordinates from L:lDATAICOG0I2015121515.ASC NEWLOT2 Start 75 189930.49751 N 88'19'45" W 370.00 76 189941.28653 N 1'55'38" E 130.15 82 190071.36005 S 88'19'10" E 95.00 83 190068.57382 S 1'55'38"W 100.13 79 189968.49970 S 88'19'45" E 275.00 80 189960.48084 Raw: 1.5538SW 30.00 TC S 1'55'38" W 30.00 75 189930.49781 TC S 11 '55'55" W 0.00 75 189930.49751 Precision Ratio = 1 : 3.28E+06 Length Traversed = 1000.28 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area = 20613.083 Sq. Feet or 0.473 Acres • Easting Elevation 1311406.60110 1311036.75874 1311041.13582 1311136.09488 1311132.72730 1311407.61006 1311406.60116 1311406.60110 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RECEIVED JAN 1 4 2016 CITY OIF ~EI\lTON PLANNING DIVISION "Sight" Survey 990601-Z-0601 • Friday, October 23, 2015 11 :04 am. F'!r. 1 Registered to: Hansen Surveying File Name: L:IDATAICOG0I2015121515.ASC Point Direction Distance Northing Database opened: Friday, October 23,2015 10:58 am. Importing Coordinates from L:IDATAICOG0I2015121515.ASC NEWLOT1 Start 82 190071.36005 N 1°55'38" E 95.00 77 190166.30719 S 88°19'10" E 95.00 78 190163.52096 S 1°55'38"W 95.00 83 190068.57382 Raw: 88.1910NW 95.00 TC N 88°19'10" W 95.00 82 190071.35989 TC N 24°14'15" E 0.00 82 190071.36005 Precision Ratio = 1 : 2.09E+06 Length Traversed = 380.00 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area = 9025.001 Sq. Feet or 0.207 Acres ------------------ • Easting Elevation 1311041.13582 1311044.33087 1311139.28993 1311136.09488 1311041.13574 1311041.13582 0.00 0.00 0.00 0.00 0.00 0.00 RECFIVED JAN 1 4 2016 CITY OIF m:fllTON PLANNING DIVISION "Sight" Survey 990601-Z-0601 • Friday, October 23, 2015 11 :01 am. Pg: 1 Registered to: Hansen Surveying File Name: l:IDATAICOG0I2015121515.ASC Point Direction Distance Northing Database opened: Friday, October 23,2015 10:58 am. Importing Coordinates from l:IDATAICOG0I2015121515.ASC ENTIRE PROPERTY Start 75 189930.49751 N 88'19'45" W 370.00 76 189941.28653 N 1'55'38" E 225.15 77 190166.30719 S 88'19'10" E 95.00 78 190163.52096 S 1'55'38" W 195.13 79 189968.49970 S 88'19'45" E 275.00 80 189960.48084 Raw: 1.5538SW 30.00 TC S 1'55'38" W 30.00 75 189930.49781 TC S 11 '55'55" W 0.00 75 189930.49751 Precision Ratio = 1 : 3.90E+06 Length Traversed = 1190.28 Length To Close = 0.00 Error in Latitude = 0.00 Error in Departure = 0.00 Error in Elevation = 0.00 Area = 29638.076 Sq. Feet or 0.680 Acres --------- • Easting Elevation 1311406.60110 0.00 1311036.75874 0.00 1311044.33087 0.00 1311139.28993 0.00 1311132.72730 0.00 1311407.61006 0.00 1311406.60116 0.00 1311406.60110 0.00 • • , . ',' . DOCUMENT TITLE: S~0flT! ~ewer and utilityj Easement.Agree~ent REFERENCE NUMBER(S) OF , RELATED DOCUMENTS: •. I 1'-' . ,,' " ", ,--" , Additional reference numbers on page(s)'_,_ of document! I' , " GRANTOR: I. Brad and Anita Burnham, a married couple .' 1(1. , , " " , " '.' \,,' I: '_ . '.:.' .' : GRANTEE: . , " f' r. ! ' I. Tuscany Construction LLC , , , ABBREVIATED LEGAL Tax parcel #042305-9128 DESCRIPTION: , , . " Additional legal on page of document. -- . -'. -'1' ' '" ' <, , ., " , ASSESSOR'S TAX PARCEL NO(S), 042305-9128 r." . I " , ," ' .,' . ), I'! " I • • ,~ _~.j-__ ' STORM SE~ER AND.UTILITY EASEMENT AGREEMENT J .. "r 'r I , ' , , THIS AC<;:E1'iS'EA~EMENT AGREEMENT (the ;'Agreement") i~~ade l!nd entered into this 29th Day of November 2015, by and between Brad and Anita Burnham, a married couple ("Grantors") and Tuscany Construction LLC ("Grantee"), based upon the following: t I. ' .' f RECITALS A. Brad Burnham and Anita Burnham are the owner's ofthat certain real property located in King County, Washington, and legally described as tax parcel # 042)05- 9128, AKA 4000 NE 24th Street Renton, W A 98059 ("Grantor's Property"). Exhibit "A" " , B. Tuscany Construction LLC is the owner of that certain real property located in King County, Washington, and is legally described as tax parcel # 344890-0440. Exhibit "8" Burnham easement.rtf/5@8Y03l1017415.0000I" RECEIVED JAN 1 4 2016 I. CITY OIF !1!::NlON PLANNING DIV!SION • • C. Brad Burnham and Anita Burnham desire to provide the Grantee's with the following non-exclusive easement for Storm Sewer and utility access. AGREEMENT IN CONSIDERATION of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned covenant, stipulate and agree as follows: I. Grant of Easement to Grantee's. Brad Burnham and Anita Burnham grants and conveys to Grantee a perpetual, non-exclusive "Storm Sewer and Utility Easement" over, on, under and across that portion of Grantor's propertY. .: . " . , 2. Easement to Remain Clear. No party may place, store, construct, erect or · install upon 'the Easement anything that impedes the free use across the Easement. 3. Severability. The invalidation by any court of any reservation, covenant, · restriction, limitation or agreement herein contained shall in no way affect any of the' other' · provisions hereof and the same shall remain in full force and effect. . 4. Runs With the Land. This Agreement constitutes a covenant running with the land affecting Grantor's Property, and shall be binding upon and inure to the benefit of the respective owners, and their successors and assigns. 5. Attorneys' Fees. If any party brings a legal proceeding to enforce or obtain a declaration of its rights under this Agreement, including any arbitrati~n or action to enforce any lien for maintenance costs, the prevailing parting in such legal proceeding shall be entitled to recover its reasonable costs and attorneys' fees from the nonprevailing paTty. , ", DATED this day of Decmeber. 2015 ,. By: Brad Burhnam ' .. ~\ By: Anita Burnham Burnham easement.rtfJ5@8Y03!/017415.00001 ,. 2 . -, • STATE OF WASHINGTON COUNTY OF KING , ' (, I ,j • I ) ) ss: ) :1, • , ! I. " I certify that I know or have satisfactory evidence'that Anita Burnham is the person' who appeared before me, and said person acknowledged that she is the owner ofthe above mentioned property and she'signed the instrument and acknowledged it to be her free and' voluntary act for the uses and purposes mentioned in the instrument. DATED: December ___ ,2016. (Use this space for notarial stamp!seal) , , Print Name: , NOTARY PUBLIC in and for the State of .. Washington, residing at My Appointment expires: r . '. Burnham easement.rtflS@8Y03!/01741S.00001 3 • STATE OF WASHINGTON COUNTY OF KING ) ) ss: ) • . , I certify that I know or have satisfactory evidence that Brad Burnham is the person who appeared before me, and said person acknowledged that he is the owner'of.the above mentioned property and he signed the.instrument and acknowledged it to be'his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: December __ -" 2016. (Use this spaee for notarial stamp/seal) , , Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: Burnham easement.rttl5@8Y03!1017415.00001 4 ... • • EXHIBIT A Legal Description':' Brad' and' Anita Burnham TAX PARCEL # '042305-9128 '. ~" J. AN EASEM.EII.T FOR INGRESS AND EGRESS DE$CRlf!IiQAS F()lLOrtS:,i" .,..... .Y·.,. BEGINNlkG ~)2Q.OO FEET. NORTH OF.SAID s~~cd~ek OF"i'Ft{S~'~JRTER OF THE"NORTHEAST QUARTER OF SECTION 4" , ..... ~.""., i . :" .. /" .......... ".".... i' /.i . THENcE NOR'ni 886 19'2i" WEST: PARAu.EL WrrH THE S6uTH·LItlEOF.sAID sc)I.rrnEAs'r •. QUARTI:R,A DISTANCE OF 30 FEET TO THE WEST MARGIIf'of 1~2ND;:;iVE~UE soU'lliEAisT RIGHT OF 'flAY ~ND 'ljitE T!i.UE POINT OF BEGINNI~G; , '. ''',''.''''' . .;;":,i .. < Ti1ENCE.f.lORlli 88'119'21" WEST 275 FEET; . . ......" i / /. . THENCe NORm 01<>56'19." EAst.' PARALLEL'WiTH THE fAST'LINE OF"!li.dD$o\.fJHEASr QUARTeil!J·1 . ;: DIs:r'ANCfoF ~.6 f,EEr; ....•• ,.... '\"",.,:: /. .... . .::JliENGe.SQUTH .• 8I!"19'21" EA!;;T 275 FEET TO SAID WEST MARGIN OF 132NDiAVetlUE SOUTHEAST; llIENCE SOlJl:.H 01°51\'.19" WEST, ALONG SAID WEST MARGIN, 30 FEET TO THE·tRUE POINT OF BEGIf>jNING;.· ., : . : .. " ". SITUATE'"iiii THEco~rrr;ioF~; STAfe.OF WASHINGTON. ":. ,.' ... ," ~ . . / / ,'" ,"" ;.~ Burnham eascment.rt175@8Y03!1017415.00001 " ' .. .. • • . ExmBITB .... ,. Legal Description -Grantee'~ , . ',,', ._., Property LECOAL.DE$CRIPTION:Real,:property "li\:the County of King, State of Washington, described as follows: .,' .,' ;../ ""., " \;",,:.'./ ::' ,:' " LOT X. HONEY;;~EEK EJt:'AccOiUillliG 't:O,THE PLAT THEREOF, RECORDED IN VOWME 261 ()fI .. PLAT$~ PAGEl132 'i1:tROU.GH'~5, IN KING COUNTY, WA5HINGTOf,I. ··':: .. ':~ .... i"·· .:'. .:\' . ::'IJ.:, .:' ,'. Subject To: This conveva~ Is'~~ect to .~nts/;~~itioiIs, restrictions and easements, If any, affecting title, which may apj:ieilH" thepul!Jlc recOrd"lnd"lIing those shown on any recorded plat or survey. ..\.?",.. ,,' .:,... ":'.;,.' . ·;::':'}I: ...... ; .... ·", " .' " .• " ;.:::: .. , .......• 344890-0440 Burnham easement.rtfJS@8Y03!/0174IS.00001 , . .- ,) • Return to: Tuscany Construction, LLC Attn: Bob Wenzl PO box 6127 Bellevue, WA 98008 • SIDE SEWER EASEMENT (COVER + 3 PAGES) GRANTOR: Tuscany Construction, LLC GRANTEE: Gwenyth McCluskey LEGAL DESCRIPTION: Portion SE 1/4, NE 1/4, Section 4, Twp 23 N, Rge 5 E, W.M. (Additional legal description is on Page 2) TAX ACCOUNT NOS: 3448900440,7788400020 Page 1 of 4 RECEIVED JAN 1 4 2016 • • SIDE SEWER EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the Grantor, Tuscany Construction, LLC, a Washington corporation limited liability company, (hereinafter "Grantor"), the owner of that certain parcel(s) of land described as follows: LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35, IN KING COUNTY, WASHINGTON. Hereby grants and conveys to the Grantee, Gwenyth McCluskey (hereinafter "Grantee"), current owner of that certain parcel(s) of land described as follows: LOT 4, BLOCK 1, SIERRA HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 54 OF PLATS, PAGE 3, RECORDS OF KING COUNTY, WASHINGTON. A side sewer easement for the purpose of installing, using, maintaining, repairing or replacing a side sewer pipe for the sole purposes of conveyance of domestic sewage generated by the development on said Grantee's property. This side sewer easement is described as follows: THE WEST 102 FEET OF THE SOUTH 15 FEET OF LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREROF RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON. The Grantee shall be responsible for the maintenance and/or repair of the side sewer pipe up to the point where it connects to the sewer main. Responsibility for repair shall include the restoration of the ground surface to original or better condition ifit is disturbed. The grantor shall not construct any structures within this easement, but may install paving, fence or rockery. The grantee shall indemnifY, defend and hold Grantor harmless from and against any and all claims, costs and damages, including reasonable attorney's fees, arising in connection with Grantee's use of the easement rights granted herein. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor and Grantee has caused this instrument to be executed this __ day of 20 __ . GRANTOR: GRANTEE: Tuscany Construction, LLC Gweynth McCluskey Page 2 of 4 • Notary Seal must be within box Notary Seal must be within box - ------------------------ • INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that -,-_-,---,--,-,.--,--,--,-,--:-:---:--:-_-,-_,.-_signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) r certify that I know or have satisfactory evidence that _,.-_-:--:-_,.---:---:-,.-__ -:-__ -,--,-_signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the ________ -,----:-and -, ___ -,---;--:-_01 to be the Iree and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: Page 3 of4 • • EXHIBIT "A" SANITARY SEWER EASEMENT NE 24TH CT (PRIVATE) LOT X. HONEY CREEK EAST LOT 3 LOT 4 SEIRRA HEIGHTS VOL 54. PAGE 3 NE 23RD PL VOL 261. PAGES 32-35 LOT 5 ! -$- LOT 6 ----cr:--------------- HANSEN SURVEYING LAND SURVEYORS Be CONSULTANTS 17420 116TH AVE. S.E .• RENTON. WA 96056 TEL: 425-235-8440 FAX: 425-235-0266 Page 4 af 4 .. • Return to: Tuscany Construction, LLC Attn: Bob Wenzl PO box 6127 Bellevue, WA 98008 • STORM DRAINAGE EASEMENT (COVER + 3 PAGES) GRANTOR: Gwenyth McCluskey GRANTEE: Tuscany Construction, LLC LEGAL DESCRIPTION: Portion SE 1/4, NE 1/4, Section 4, Twp 23 N, Rge 5 E, W.M. (Additional legal description is on Page 2) TAX ACCOUNT NOS: 3448900440,7788400020 Page I of 4 , RECEIVED JAN 1 4 2016 C~'1Y ,,,,\'= ~"!~.I"'O'" , , '. .". .... I.. • ~\l PLANNING DIVISION I •• , .\" . • • STORM DRAINAGE EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the Grantor, Gwenyth McCluskey, (hereinafter "Grantor"), the owner of that certain parcel(s) of land described as follows: LOT 4, BLOCK 1, SIERRA HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 54 OF PLATS, PAGE 3, RECORDS OF KING COUNTY, WASHINGTON. Hereby grants and conveys to the Grantee, Tuscany Construction, LLC, a Washington corporation limited liability company (hereinafter "Grantee"), current owner of that certain parcel(s) of land described as follows: LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35, IN KING COUNTY, WASHINGTON. A STORM DRAINAGE easement for the purpose of installing, using, maintaining, repairing or replacing a storm drainage pipe with necessary appurtenances for the sole purposes of conveyance of domestic storm water generated by the development on said Grantee's property. This storm drainage easement is described as follows: THE WEST 10 FEET OF LOT 4, BLOCK 1, SIERRA HEIGHTS, ACCORDING TO THE PLATTHEREROF RECORDED IN VOLUME 54 OF PLATS, PAGE 3, RECORDS OF KING COUNTY, WASHINGTON. The Grantee shall be responsible for the maintenance and/or repair of the storm drain pipe and necessary appurtenances. Responsibility for repair shall include the restoration of the ground surface to original or better condition if it is disturbed. The grantor shall not construct any structures within this easement, but may install paving, fence or rockery. The grantee shall indemnify, defend and hold Grantor harmless from and against any and all claims, costs and damages, including reasonable attorney's fees, arising in connection with Grantee's use of the easement rights granted herein. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor and Grantee has caused this instrument to be executed this __ day of 20 __ . GRANTOR: GRANTEE: Gweynth McCluskey Tuscany Construction, LLC Page 2 of4 " .' • J Notary Seal must be within box Notary Seal must be within box • INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) 55 COUNTY OF KING ) J certify that I know or have satisfactory evidence that -,_--.,.-,---,.,---.,.--,-::---;-:-_-;-_-,_.,--_ signed this instru ment and acknowledged it to be his/her/their free and voluntary act for the uses and purposes menfloned "In the "Instrument Notary Public in and for the State of Washington Notary (Print), _______________ _ My appointment expires: _____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) 55 COUNTY OF KING ) I certify that I know or have satisfactory evidence that _______ ,--,-_________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the ________ -,---:-and -, ____ .,---,-_of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: ____________ _ Dated: Page 3 of 4 , 'I "' • • EXHIBIT "A" STORM DRAINAGE EASEMENT NE 24TH CT (PRIVATE) LOT X. HONEY CREEK EAST VOL 261. PAGES 32-35 I I ! I I I I LOT 3 I LOT 4 LOT 5 • I I I I SEIRRA HEIGHTS h VOL 54. PAGE 3 LOT 6 1 10' WIDE STORM I DRAIN ESMT. I I NE 23RD PL ---~------------- HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E.. RENTON. WA 98058 TEL: 425-235-8440 FAX: 425-235-0288 Page 4 of 4 j " j I , " 0 LU > -Ul 0 UJ 0::: = = '" ~ ..-. z <l: -, I- Z a..UJ «~ ~~ -1:::::> -...., «0 ~<C WUJ °z O.....J 01-00 I.....J o:::UJ 0:::::> (OZ I UJ t9~ WZ zQ Z :::::> <.0 ,- 0 N "-... 1'0 ,- ,- r ' , , ' ... • • • Union Avenue 3956 NE 24th Street Renton, WA 98059 B15002755 Stormwater TIR For Full Drainage Review September 23,2015 Prepared for: Tuscany Construction, LLC PO Box 6127 Bellevue, WA 98008 206-714-7161 ENGINEERING 6045 4th Avenue NW Seattle, Washington 98115 Office: 206-525-5332 Cell: 206-898-4269 Email: beb.kehrlj@greenlakeenglneerin9.com • • GREEN LAKE ENGINEERING TABLE OF CONTENTS Section 1: Project Overview Section 2: Conditions and Requirements Summary Section 3: Offsite Analysis Section 4: Flow Control and Water Quality Facility Analysis and Design Section 5: Conveyance System Analysis and Design Section 6: Special Reports and Studies Section 7: Other Permits Section 8: CSWPPP Analysis and Design Section 9: Bond Quantities, Facility Summaries, and Declaration of Covenant Section 10: Operations and Maintenance Manual Figures Figure 1: TIR Worksheet Figure 2: Site Location Map Figure 3A: Existing Drainage Basins Figure 3B: Proposed Drainage Basins Figure 4: Soils Map Tables Table 1A: Existing Areas Table 1 B: Proposed Areas Table 2: Modeled Site Flows Table 3: Pipe Conveyance Calculation Appendixes Appendix A: DeSign Drawings Appendix B: WWHM Flow Control Calculations Appendix C: Maintenance and Operation Plan Appendix D: Bond Quantity Worksheet Appendix E: Declaration of Covenant GREEN LAKE ENGINEERING, LLC 60454'" Avenue NE, Seattle, WA 98115 206-525-5332 ------------------------ • • KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL ------ TECHNICAL INFORMATION REPORT (TIR) WORKSHEET ~~a~~l(~i~~~I~'l~~i[~1~ti&~tlt~;;{~~~~, Project Owner Tuscany Construction, LLC Phone 206-714-6707 Address PO Box 6127 Bellevue, WA 98008 Project Engineer Robert Kehrli Company Green Lake Engineering Phone 206-525-5332 I;~~B:~.~~~~~,8~;,E!¥i~lt!~~~§¥~g~;!\¥p\f;;iij2t? o Landuse Services ~ivison ! Short Subd. ! UPD " Building Servic~ M!F 1 Commerical ~ o Clearing and Grading o Right-ol-Way Use o Other Technical Information Report Type of Drainage Review ~ Targeted ! (circle): ~ Site Date (include revision dates): Date 01 Final: . m~~!§.~l!~~i:i~~~~R~ffifi~ll;ltr;~f:~rt! Project Name Union A:.!v~e"-. _____ _ DOES Permit # ________ _ Location Township 23 ____ _ Range 5 Section 4 Site Address 3956 N E,-,2::4,-"th"-,,,S~t. __ _ Renton, WA 98059 L-____ --..:... 0 DFWHPA o Shoreline 0 COE404 Management 0 DOE Dam Safety o Structural RockeryNauIV __ 0 FEMA Floodplain o ESA Section 7 0 COE Wetlands CJ Other Site Improvement Plan (En gr. Plans) Type (circle one): FIJI' { Modified C:imall Site> Date (include revision dates): Date of Final: Type (circle one): Standard ! Complex ! Preapplication ! Experimental! Blanket Description: (include conditions In TIR Section 2) Date of A roval: 2009 Surface Water Design Manual 11912009 1 • • KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Monitoring Required: Yes CEi:) Describe: _____________ _ Start Date: Completion Date: "'." "," Community Plan: -.,. ____________ _ Special District Overlays: ________________________ _ Drainage Basin: May Creek / Lake WashinQton Stormwater Requirements: All eight core and six special requirements DRiver/Stream ________ _ o Steep Slope _______ _ o Lake o Erosion Hazard _______ _ o WeUands _________ _ o Landslide Hazard ______ _ o Closed Depression _______ _ o Coal Mine Hazard ______ _ o Floodplain __________ _ o Seismic Hazard _______ _ o Other __________ _ o Habitat Protection _______ _ 0 _________ _ Soil Type AgC Slopes 6-15 Erosion Potential moderate o High Groundwater Table (within 5 feet) o Sole Source Aquifer o Other o Seeps/Springs o Additional Sheets Attached 2009 Surface Water Design Manual 1/912009 2 ," .... ---------, • • KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET REFERENCE LIMITATION / SITE CONSTRAINT o Core 2 -Offsite Analysis o Sensitive/Critical Areas o SEPA o Other 0 ____________________ _ o Additional Sheets Attached ···Pait12TU~SlJMMA'RySHg~T···. ···.·'i~i6'Jid~6~~:T1RSU;;;~~ $;'~t···p;'l"h~k~brd.6;~~h1lrii~'M~i'\·/: .,'," c. '-:' :":;~ Threshold Discharge Area: (name or description) Core Requirements (all 8 apply) Discharge at Natural Location Number o,Watural Discharge Locations: 2 Offsite Analysis Level.: W'2 / 3 dated: Flow Control Level: 1 ~W 3 or Exemption Number (incl. facilitv summarv sheet) Small Site BM Conveyance System Spill containment located at: Erosion and Sediment Control ESC Site Supervisor: to be determined Contact Phone: After Hours Phone: Maintenance and Operation Responsibility: ~ Public If Private. Maintenance Log Required: Yes /No Financial Guarantees and Provided: Yes / No Liability Water Quality Type: Wasic~ Sens. Lake / Enhanced Baslcm / Bog (include facility summary sheet) or Exemptionlifo. Landscape Management Plan: Yes / No Special Reauirements (as applicablel Area Specific Drainage Type: CDA / SDO / MDP / BP / LMP / Shared Fac. / None Reauirements Name: FloodplainlFloodway Delineation Type: Major / Minor I Exemption Cl5> 1 OO-year Base Flood Elevation (or range): Datum: Flood Protection Facilities Describe; Source Control Describe landuse: (comm.iindustriallanduse) Describe any structural controls: 2009 Surface Water Design Manual 11912009 3 • • KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL ~ECHNICAL INFORMATION REPORT (TIR) WORKSHEET Oil Control High-use Site: Yes eNo :> Treatment BMP: - Maintenance Agreement: Yes G2:> with whom? Other Dralnalle Structures Describe: 'f'an,IS;EROSIONAND;SEDIMENT'CONTROlREQlJtREMENTS<,",e,;;: ." ::' ":"':"'>:~"':}:',),~~-, ':;:,::,'. ' , " -". , ..• "; ..... MINIMUM ESC REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION AFTER CONSTRUCTION o Clearing Limits o Stabilize Exposed Surfaces o Cover Measures o Remove and Restore Temporary ESC Facilities 0 Perimeter Protection o Clean and Remove All Silt and Debris, Ensure o Traffic Area Stabilization Operation of Permanent Facilities o Sediment Retention o Flag Limits of SAO and open space o Surface Water Collection preservation areas o Other 0 Dewatering Control o Dust Control o Flow Control ;Pilit14:$TORMWATERFACllITYOESCRIPTIONS(Nilta:,lricltideFai;i1it\iSufi "rriat}i.arid:SkStch) i."',·""",,,,;,; Flow Control Type/Description Water Quality Type/Description 1I Detention StormTech o Biofiltration o Infiltration o Wetpool o Regional Facility ri Media Filtration xxx XXX o Shared Facility o Oil Control o Flow Control o Spill Control BMPs o Flow Control BMPs o Other o Other 2009 Surface Water Design Manual 119/2009 4 • • KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET 'i~~~6~'1:<~%~~N±#&~f;1~;tit;fjtJfj,:;,!;<~ ~~;~ii~;)~:f~~S¥~~~;~~~y.~I~\~\~:;!it/ji:l~!~Wj;J U~~in~ge~as~~ent' '," ""'" O~a~tinPlaCeVaUIt"'" ,,',' ", , "" o Covenant 0 Retaining Wall o Native Growth Protection Covenant 0 Rockery > 4' High o Tract 0 Structural on Steep Slope o Other 0 Other :"Part(17\ SIGNATtJRE,OF ,PROFESSIONAJ;'ENGINECR3:1\:, , ii, <")',:\,\,':,:'/:"",,:/': '2,)'1/\:"':)':'::'::' :t,':',;: I, or a civil engineer under my supervision, have visited the site. Actual site conditions es observed were Incorporated into this worksheet and the attached Technical Information Report. To the best of my knowledge the information provided here is accurate. S/an.dlDa,. 2009 Surface Water Design Manual 119/2009 5 • • PROJECT OVERVIEW The proposed project consists of a 2 lot single family development located at 3956 NE 24'h Street in Renton, WA. The site is currently is currently made up of two parcels that total 29,640 square-feet. The two lots will be created via a lot line adjustment and this report is covers both proposed lots. The proposed development will result in 2,770 square-feet of impervious area and 6,255 square-feet of landscaped area for the northern lot. The southern lot will comprise of 11,970 square feet of impervious area and 8,645 square feet of landscaped area. The existing easement to the north which contains part of the detention system will result in 620 square feet of replaced impervious area and 2,310 square feet of replaced pervious area. Access to the two lots will be via a private driveway from Union Avenue NE. The property is split by two separate drainage basins per the City of Renton base map. The northern lot generally slopes from east to west while the southern lot slopes from the east to the southwest corner of the lot. In order to preserve the natural drainage patterns on the two house sites, the stormwater will be handled separately within each site. The soils on-site are categorized as alderwood gravelly sandy loam. See Figure 4: Soils Map. Figure 2: Site Location Map Map from Google Earth Pro, downloaded September la, 2015 GREEN LAKE ENGINEERING, LLC 6045 4th Avenue NE, Seattle, WA 98115 206-525-5332 , I I ~ § / 1--' \..-- FIGURE 3A: EXISTING DRAINAGE BASINS _ 454 .<fo ,':' BASIN 1 (0.20 AC) \ ,,_ .. -·56 .--"-I APPROXIMATE LOCATION OF DRAINAGE BASIN DIVIDE PER CITY MAP I 0'_ I G;J IN AGE AREAl' • n'-OFFSI-rtE DRA AC) / (0,55 "l' ' h I \ \ ,,---'j , 1 """ / / 11 /" J SL _aiSIN ;dW~l " .. ---I .' ~ ~.-, \-t.~O.05 ] Ui U;~~:C)-+-fj "i-\ n :, > .... , II! ~-- 1"=30' /r.LI m Z a ~ ~ ,~ " Z ~ § ~ < , , 3 ~I 8J 11 \ . \ : ~/~ _ .... ----' .. [ ~ 7/;/(/// ////777//777777;( / /777 77 7 7 / ; ; ) ) ;. Nft--L'= '" --.{.UI ®, ~I ':.(,1,' ~ !i. ,;I PREPARED BY GREEN LAKE ENGINEERING 9/22/2015 , , , I I I I I , , , , , , , , i , \ , , , I \ ~. , f' • \.....V FIGURE 3B: PROPOSED DRAINAGE BASINS __ 4!)4 -----.-... ,'P " , r \ ~ =-y-BASIN 1 . (0.21 AC) '--_ •. -"56 <CJ I "'. (0.48 AC) I , .• ---'\ I 1 \ " ! \ B SIN 3 \ I =~ I , , , , " ""'" F] I " 'So --.j ,/ If (0.07 AC),,) :' I /' •. / I ~_ ~ I __ ~ \ '-. J ~ V77777777/{7)77 ;A \ / , / ---: ,,' .. --.... : ( •• 0-I h " .~ 1 ~ g ~ ~ " 1"=30' ~ ~ u ~ '. < • .. ~ '~. ~I' 8 ~ so =o/j'L ®f///r%S£j7(/5Y/y6>«¥~ff6wz0:7¥(~$4II_ -----MFI . l" .. ' 5? t;. ~ I, . ~ PREPARED BY GREEN LAKE ENGINEERING 9/22/2015 S9il Survey Dale: 0110912014 w~, O • .c~ .. c=~ ........ 2 ~ Miles • • CONDITION AND REQUIREMENTS SUMMARY The proposed project will result in over 5,000 square-feet of impervious area. Per the King County Surface Water Design Manual 2009 (KCSWDM) and the City of Renton Amendments to the KCSWDM, the project will be required to comply with Core Requirements 1-8 and Special Requirements 1-6. Core Requirements Core. Requirement #1: Discharge at a Natural Location Stormwater plans have been prepared and are included in Appendix A. Because of the unique situation where the two proposed lots fall within separate drainage basins (See Figure 3A) the two lots will implement separate measures to meet the project'stormwater requirements. The northern lot will utilize limited infiltration trenches as the impervious area for that site is under 5,000 square-feet while the southern lot will implement a detention facility to achieve Level 2 flow control. (More explanation included in Core Requirement #3 below) Core Requirement #2: Offsite Analysis A Level 1 analysis has been performed as required and can be found in Section 3.0 of this report. Core Requirement #3: Flow Control The project is located within the Flow Control Duration Standard (Forested Conditions) area as determined by the City of Renton Flow Control Applications Map Reference 11-A of the City Amendment to the KCSWDM. For the northerly lot, flow control will be provided by utilizing Limited Infiltration Trenches per KCSWDM Section C.2.3. Since the southerly lot, which includes the driveway will result in over 5,000 square-feet of impervious area, a detention facility utilizing control orifices has been designed to meet the Level 2 flow control standard per the KCSWDM. The Western Washington Hydrology Model 2012 (WWHM) was utilized to size and design the detention facility and control structure, see Appendix B for calculations. Core Requirement #4: Conveyance System As previously discussed, runoff from the northerly lot will be infiltrated. Runoff from the southerly lot will pass through the detention facility and be conveyed by a 6-inch storm drain line with capacity to convey the 1 OO-year flow from the detention facility. The line will discharge flows to the south of the site within a 10-foot wide easement along the western property line of parcel 778840-0020 (3918 NE 23,d Place) to the existing 12-inch storm drain line located in NE 23,d Place. See Table 3 in the Conveyance System Analysis section for conveyance calculations. GREEN LAKE ENGINEERING, LLC 60454'" Avenue NE, Seattle, WA 98115 206-525-5332 • • Core Requirement #5: Erosion and Sediment Control An Erosion and Sediment Control (ESC) Plan has been included along with the stormwater plans, see Appendix A. The contractor will also be required to prepare a Stormwater Pollution Prevention and Spill (SWPPS) Plan described in Section 2.3.1.4 of the City Amendment to the KCSWDM. Best Management Practices will be implemented and maintained by the contractor to control erosion and sediment from leaving the site. Core Requirement #6: Maintenance and Operations A Maintenance and Operations Plan has been prepared and is included in Appendix C. Core Requirement #7: Financial Guarantees and Liability The required bonds will be paid by the Owner per Section 1.2.7 of the City Amendment to the KCSWDM. See Appendix D for Bond Quantities. Core Requirement #8: Water Quality The northerly lot within its own drainage basin will create less than 5,000 square-feet of new pollution-generating impervious surface (PGIS), therefore water quality measure will not be implemented for that site. The southerly site will create more than 5,000 square-feet of PGIS, therefore Basic Water quality will be required. The Basic Water Quality Option 8-Stormfilter will be utilized and be located immediately downstream of the detention facility on-site. See Appendix A for design and specifications. Special ReQuirements Special Requirement #1: Other Adopted Requirements No additional area-specific requirements are applicable. Special Requirement #2: Flood Hazard Delineation The project is not adjacent to a flood hazard area. Special Requirement #3: Flood Protection Facilities No flood protection facilities are located on or within the vicinity of the site. Special Requirement #4: Source Control The project does not require a commercial building of commercial site development permit. Special Requirement #5: Oil Control The proposed site will not have high-use site characteristics. Special Requirement #6: Aquifer Protection Area The project is not located within an Aquifer Protection Area per Reference Map 11 B of the City Amendment to the KCSWDM. GREEN LAKE ENGINEERING, LLC 6045 4,h Avenue NE, Seattle, WA 98115 206-525-5332 '---------------------------------------------------- • • OFFSITE ANALYSIS The area of review includes the area located immediately to the north and east of the projects two proposed lots, the proposed project itself as well as the existing 12-inch storm drain main constructed in NE 23,d Place which was constructed in the mid 1990's as part of the Honey Creek Ridge development. The existing area to the north and east of the side show a general trend of drainage towards the project site with no definable concentration of flows. The existing offsite area northeast of the project is relatively well landscaped with a total area of approximately 0.55 acres. The existing 12-inch corrugated polyethylene pipe storm drain line in NE 23,d Place has a slope of 1.2 percent per the as-built drawings dated October 16, 1996. This pipe therefor'e has a calculated capacity of over 4 cubic feet per second. The existing pipe in NE 23,d Place does not appear to have any clogging or other capacity issues as observed from the street surface. With no changes to the existing off-site contributing drainage areas and an overall reduction of the on-site peak flow discharge rates, the 12-inch line in NE 23,d Place should have sufficient capacity to provide the necessary stormwater conveyance for the proposed lots. GREEN LAKE ENGINEERING, LLC 6045 4'" Avenue NE, Seattle, WA 9811 S 206-525-5332 ------------------- • • FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN The project site is located within a Level 2 Flow Control area, therefore the proposed project will need to provide detention and flow control to match historic (forested) durations for half of the 2-year peak flow through the 50-year peak flow as well as match historic 2-year and 10- year peak flows. The northerly developed site consists of 2,770 square feet of impervious area. Based on Section C.2.3 of the KCSWDM the northerly lot will be constructed with 208 linear feet of partial infiltration trench. The development of the northerly lot will not contribute to the detention system as it is located within a different drainage basin. The southerly lot utilizes the StormTech system as manufactured by ADS in order to provide the detention volume. The house downspouts as well as the impervious driveway will be tightlined to the detention facility. Runoff from a majority of the landscaped areas will be directed to the catchbasins and inlets on-site with a minimal amount of landscaped area at the southwest corner of the site expected to flow off site as it does in the existing condition. The control structure is designed per KCSWDM S.3.4.A with three control orifices. Downstream of the control structure is a media filtration device manufactured by Oldcastle in order to provide water quality required. In order to design the detention and flow control system WWHM 2012 was used. The predeveloped areas are included in Table 1 below and a summary of the Predeveloped and Mitigated flows can be found in Table 2. The complete results of the system modeling are located in Appendix B. Table 1A: Existing Areas Predeveloped Condition Soil Type Land Use Area C Forest Flat 0.540 Total 0.540 Table 18: Proposed Areas Mitigated (Proposed) Condition Soil Type Land Use Area C Lawn Flat -Roof -Driveways Total GREEN LAKE ENGINEERING, LLC 6045 4,h Avenue NE, Seattle, WA 98115 206·525-5332 0.251 0.053 0.236 0.540 Acres Acres Acres Acres Acres Acres • Table 2 Flow Frequency Return Periods Return Period Predeveloped Mitigated Flows (ets) Flows (ets) Half of 2-year 0.0105 2-year 0.0211 5-year 0.0348 lO-year 0.0451 25-year 0.0597 50-year 0.0715 100-year 0.0840 GREEN LAKE ENGINEERING, LLC 6045 4" Avenue NE, Seattle, WA 98115 206-525-5332 0.0052 0.0140 0.0220 0.0286 0.0385 0.0471 0.0570 • ------------- • • CONVEYANCE SYSTEM AND ANALYSIS The KCSWDM requires that all new piped systems have sufficient capacity to convey the 25- year peak flow. All proposed pipes meet this requirement. The capacity of the 6-inch conveyance line within the off-site easement was calculated using Manning's Equation. The proposed 6-inch line running at 0.3% has a calculated capacity of 0.40 cis. The proposed 100-year peak flow from the detention facility is calculated as 0.057cis, therefore the proposed pipe has approximately seven times the capacity of the calculated 1 OO-year flow. Table 3 Union Avenue 6" Conveyance Din,Q slope (possibly 1 equal to IF. ~-L---:--:l So of (or ratio to) full depth 00% or 1 if flowing full) GREEN LAKE ENGINEERING, LLC 60454'" Avenue NE, Seattle, WA 98115 206-525-5332 • SPECIAL REPORTS AND STUDIES No special reports or studies have been prepared. GREEN LAKE ENGINEERING, LLC 60454" Avenue NE, Seattle, WA 981 1 5 206-525-5332 • • • OTHER PERMITS A construction Stormwater General Permit is not required as the project will disturb less than one acre. GREEN LAKE ENGINEERING, LLC 6045 4,h Avenue NE, Seattle, WA 98115 206-525-5332 • • cswppp ANALYSIS AND DESIGN The Temporary Erosion and Sediment Control Plan (TESC) has been prepared and is included as part of the design drawing package in Appendix A. The contractor will be required to prepare a SWPPS plan in accordance with Section 2.3.1.1 of the City Amendment to the KCSWDM. GREEN LAKE ENGINEERING, LLC 60454'" Avenue NE, Seattle, WA 98115 206-525-5332 • • BOND QUANTITIES, FACILITIES SUMMARIES AND DECLARATION OF COVENANT A Bond Quantity Worksheet is provided in Appendix D. See Appendix E for the Declaration of Covenant. GREEN LAKE ENGINEERING, LLC 60454'" Avenue NE, Seattle, WA 98115 206-525-5332 • • OPERATIONS AND MAINTENANCE MANUAL See Appendix C GREEN LAKE ENGINEERING, LLC 6045 4" Avenue NE, Seattle, WA 9811 S 206-525-5332 • GREEN LAKE ENGINEERING, LLC 6045 4'" Avenue NE, Seattle, WA 98115 206-525-5332 • APPENDIX A :i ;;: uj '" uj (!) 0: z '" N ~ ..f z ~ () w tJJ ~ w z . ;!: w tJJ w :I: I- u. 0 z 0 f= 0: 0 0. Z ~ 0 ~ 0:: LO I-OZi:!2 UJI-°N UJ(/)I-g o::~(!)LO I-Z ~ co (/)ZI'IIo IO(/)I- • l , < , , , • , . , 1-(/)«:2 <::tZSC:: N UJ .W t~ I , 1; UJI-Zc.. Z><OC!) coUJI-Z l{')ZZCl O)-UJ:::! ("")«o:::::l ~ co > > , f , • jl;ll!,,,,, ... .. ! 0:: UJ I- ~ t8 133~lS Hl?l 3N 9~6r " " I , , , ~ ,j , " , I I ,J , f-"-~'·· "" .... ,~ IIII ~ ~ ~ ~ , , , , '-' 0 ::> 0 >- W '" 0 u. w OJ -OJ '" '" < " x u z ~ ~ lei ~i !~ g;: .; ~~ ~':: ~g " n , , uj '" uj ~ Z M N ... z o ;::: " UJ <J) ~ w z ;! UJ <J) UJ ~ U. o z o ~ o a. "<>~ ~ aZ E!i2 ~~:>,,::> <c'I' ~~~:h l1Sii~g ~~~~~~ ~n"~~ , ~i?~~~~ , ~~&!'r_1 ~ltilil ! ~~r~! • 1 ~g(;l~~i ~\}"~ -'/ I, • - • ~ • I I II " , , , '$--= It , , , I " ~ , , -----"-,-.......; '" ui ~ .. ·····r z M N w Z w <n w :I: ' >-I LL-~_,_~ __ o Z o ~ f( i ~~L000~L8 133~lS Hl~0 3N 9~6~ -,-1 -~ I ! I I ,I ,I , '\ ( ~ • I I \ ~ 1\ ~ \ e I ! !; ;9 c, I I I I I I I I ~ , " i ! • 0' i~ " Y .,i ~!i ". I I I I I I § I I , I \ >, • !, • b' ;;~ , . , ~1i'7 ~ l '\$;)1-;': ~.~~. 8 ~ '",,~f;t I' -, • ~ l' ~~;:-~ <r~ '. ~: -I n"._~ l"C;·(J.., l ~~;-2 t ·i~~-~ -~ , !! " ~i 1 8 w '" o u-w CD • ! , , oj ,. n~ t WZjr !i Ii hJd ~ '-;; ", 7/ m m ., N o o m m ~ W C. i" ~ I ~ ~ N W Z ~ m m n PORTION OF THE SE 14 , NE 1/4 SECTION 4, TWP. 23 N, RGE. 5 E., WM. ,----------------,------------------, WATER UTilITY NOTES AND SPECIFICATIONS '-c~".) L:.J • • ::t:K.=k-: ~~~~:t~.~ " ;;;;1z/~i;;:;r-· ]J2:r;~:¥k'~'" c_ 1,'~(,[J-'i'e"'-' .~;:;\:g~~~~.~'\'.1:t ~, ~~!~~~~~ ® """""O"""'O_ ......... ...,.H ,_' ....... L .. f-"~,~~:. -, ~~9i~:~r!.::.~ l~~·.: ... ,-L,,:,~'::..~ --" I .. ·IA.~ ;e:: 1" __ 0.'. 'Ill .. to'·'n pc",,. ,N £~ Grnen Lake Eng'neeting, llC 60454tt. Ave,NE. s-do, WA9Il115 """"" 200-525-5332 email: bob_kwhr!i@'loeriakson .... _q_com Con"'" : Bob K!Ihrh. PE f ': :~;;f;;:~,;~;~:;~~~::~~- ... ,-", y. l' ~ ---..... """" '''''' ''''' ""-.~--",, ,,,",,, ~~~~£~~~:~~:~~;". @ ... ,;,;. ?:::E.. ?:::rt?:·;:;.':;"'~:=. .. ;:::'~·.:': ::o.~ ~ ~ f~-If ~;~~:;~ .. ;~::~::",E;(.r~= ® ,.'-,.--~, BEFORE YOU DIG T~E;Sf. NOl(S SHAll APPfAR ON PROJeCTS fOR THr. WAl(R UllUTY All wori< mot.dol .noll b@ ;0 confom>on,e wit" th. stondord. Md <poc;~cahon. of tho Clly oJ R~nlon Plonnlng/Bu;ldln9/Publ;o Work. Deportment ond tho lal~.t ~d;t''''' af Ih. WSDOT/APW~ Stonda,d. ond SpooWootlon., "' opp'oved ond ",odifled by ~"e Clly o! Renton '" tho Renton Stondo,d PIons & Sp~oifiootion.. A ,~t 01 "1'p,o,,~d pi"" •• holl b. '''Pt on ,it. ot 011 t;mp, dudng onn,\cudk" 2 Tho nou" 01 wocl< ;n the .I,.el "ght of woy .ho'l b. "mlted to S;JO A", lo J,JO PM 0" ~e"'do~ unle •• ~th.,,,i.e oppco .. d;o ""Fng by tn. Pubilo Woo1<. O.po,tmOM ot 430-lJOI. Tho Polko Oep~rtmenl. r"e Oepo,tmec.l. and 911 ""alt be notified 24 hou," In odl'<lnce of any ,,0,. io tho 'i901 or ~oy. 3 All locolioo. 01 ~".ting uWit", •• ho,,", oro opp,o'im~t~ and I! ~holl be t~e c""l'od"" ro.po<>,lb;!ily 10 vedfy the t'ue and c",red locatl"" ,e 0' to ol'<l'd domog~ 0' dl"u,bon« ~o' u!~lty looole. 0011 ~8-hoo' localo" 800-424-5555 4 An oo~'oved T'oHio Conl'oI Plcn ;, requ"ed to be 5"bmitted ot the Pro-Con.trucl,,,,, ",.-eting 5 Oat"m fo< V~'I'ool Cont,ol sholl b. North Am."can V.,tleol Ootum 1988 ... el .... ond lor H""zonlo' Conl'oI sholl be Nor'h Amerkon Oo\um 198J/!991 "'el,,, ufile" Qlh",wl., QPP'o...,d by t~e City 01 Renton Poblie W",k, Oopo,!ment. ~efo,.nce b.nc~m~'k aod <I'vO!IOM a'. not.d on the p'on5 6 All wot.,mo'n p;pe i. !o be ,ement "ned ducHle i'on pipe cooformio9 to AWW~ CliO ond cm 0' 10t •• 1 r~,".ion. thlekn ... Clo.s 52 Coment mo,to' I;n;ng ond ,eof coating 'holl eon~orm 10 ~WWA CI04 or ,o! •• t ,""s'oo. Pipe jolnl' to b. pu.h-on or mechemloal Beddinq to be Clo," C. ~iI docl'e ~on pipe ood ntting •• holl be p""yothyleoe ~ropped pe, ANSO/AWW~ ClO~/A2l.5-9J Staodord, Ca.t iron and ductllo 'ron fitting' .holl be com.ot li~~d, p'~.'''r. ",ted o. nol~d on pions. ond in accordance "it~ ~NSI/~WW" Cl10/A21,10-87. Cem~"t lining .hotl be in occo,dance with ANSI/~WWA CW'/421/'-90. If fitting. ar< 3 to 12 loeh .. '0 diom.t..,. ond ho ... mochonlcol joio", t~e fltllng> shOll ;n o<cordone. ~ith ~i\h., ANSI/AWWA C!IO-~2L10-87 or ANSI/AWWA C153/A21 53-94. Th''''' (3) inch 10 12 Inch diameter lltlinq' ... h,eh ho,,", meehonical joint~ ond/or flong.d joinls. shalt be in occOfdonce ~ith ANSl/AWWA ClI0/Al!,IO.8? Of 0 ~omblnot;"" of ANSI/AWW~ el'O//'21.I08? ond ~NSI/~WWA C153/~2! 53-94 >"ch thol tno "art'on of the flttiog "it!> a m.ohon'cal p,nl(,) may b. with AN5l/A .... II~ CTS3/A21 5~-94 ord thol po<tion of lbe IIU;nq "'lh ftonged ;'Int(.) .holl be ;n OCC",donoe "ith AWW~ CnO/A21.W-81. ~«optonco te.tlng 10 occordonce ",th •• cllon 5J.5~ of ANSO/AWWA ,«tiM 10-43 of ANSI/AWW~ Cll0/A2UO-B7 sholl be obloioed by tn. COOlfoclo, ond l'cn.mIUe~ 10 th.own...-. 8 Cole vol"", ,hQII be I,on body, b'Qn,ed-n'ount.d, double di,c ",ith b'"",,e ".dg'ng ~e"k. oM O-,'ng .Iufflng bo. (AWWA CSOO) Of ot ,.,IIi..,1 •• ~I.d twe (AWWA C509) Vol.." ,holl be d.,ign.d for G minimum "ote' operal'ng p,""ur< of 200 p.L Gate vol""s sholl De Clo" ~,sl 14, "'u"'", Compooy NO A23BO or M & H. 9 F;,e ~ydrar.ts .hall b. Corey IW~ (op.nlP9 .. Ith th~ p,~",,,.) or ccmp,"s"oo t)pe (openin9 a90in<t pr •• ",,.) cOl"lfOf~,iog lo AWWA C-502-85 "Ith 0 6 ;n,n mechonl'OI pint ;nl.t and 0 mo;~ vol"" op.nlo9 ("'.VO) 01 ';_1/4 ;nc". t"o 2-!/2 ;O<~ hM. no"I •• ",!h Notional Stondard Thr.oc. 7-!/2 th'oM. 0"- 'n<~ ond ""e ~ ;ncn pumpe, nozzle wit~ the ~ew Seattle Pattern 6 Ih'eod. pO' I~ch. 60 d"lroes V Throod. oul.id~ di"",~t., 01 mo'~ Ih'eod "B7~ and mot d,amete, 4.6Z63. Hydrant • .no! hovo! a 1_1/4 ;"C~ pentogon operotlnq ~ut opened hy tu'nlnq oounl., olock"i.~ (I.ft) 10. Th. t ... o <-!/2 ;nch ho •• no"IO, .holl he IllIed ,,;lh oo,l "on t~,eod.d cop. "ith ope'ol;n9 nut ot t~e ,ome desi9n aod prop",Uon. 0' the hydrant ,t..", ~ul Cop, shOll b~ flttoM With .olto~re Mop'ene gQ,'ob fo' po"tl,.. "ote' tig~!ne" und., t.5t pr ... u' ••. 11 The ~ "'~h pumpe' nozzl •• ho11 be fitted ... ,th 0 Stor, odopte,. 4 ioch S~olil. Th«od • 5 Inch Sion St",. odopt~' .holl te r"'ged ood/or •• !rud.d 606l-T6 alum",om olloy, ho'<lcoot coo<l;:.<1 Th'eooJed ~nd pod;"" ,~oll ho,,", no lug. ,.,d t"o sel .cre"s 180 d09""" opo,1 Sto,", foc. !o b. m.tol. no ga.h! to wooth". 51" ... COP to hov. 5l"'t~elk molded ,ubb", goo"e!, ond 'halt be attac~ed to hydraot odopte' wllh t/8 in~h. coated, .toinle ... teel. ai'c'oft C<lble 12 Fke hyd'on!> "",011 b. polol~d wilh two "oat, of polnl P'e .. "oliv. poi~t n"mb .. 4J6~~ sof.ty )""11"" 0.-opprov<d equol. U Pump« c""neel,,,,, to foee 'ood"oy o .. emOly I., Fi,e hydcoftl. ""all b~ in,lailed p« City 01 Renlon Siondord Detoll ro' ~ .. hydron!>. 'ol.,! 'e~"on 15 'II "ot.,moln, !O I~che. o~d .",oll.r to moin!oln Q mlfii!num co"o' of J6 Im:he. beto" C,nish g'ode. All wot...-mo;n 12 'nches o~d lorge, sholl b. 01 ° mio,mu"'" of 48 i~eh., b.lo~ f,ni," 9,od. \\Ih.,.~ ut~ily confllcl. oCOlJr. wat.,ma'o, o'e lo be lo"e'ed to oleo'. 16, ,,, "ot"",oln, S In~n •• ond lo'g..-," dlom.tor '~QII be cleoned ""th p",~ cleonin9 "PIG5"p,ic< to di'inlectlon, The "Poly pig.".holl b • GI'o'd Indu.l'; •• Aquo 5,,0~-AS or opp'oved eQuol, 2 Ib/cu. ft. d"".ity fMm "il" gOA du,omet.,. urelhMe rubb..-eool,ng on t~e ,eoc of -"IG·only. 11. "PIGY,h"'l be c~;nd., Shope" ~Ith bullet no,e Of 'ouare end lhe c""hoclo, wm p.do,m lh. cI,o~Ing op",olloo lB. All .. ot.""ol". oM .. ''''c~ •• "all be nre,,,,,,. le.ted to 0 min,m_ of 200 psi e< 150 p.i ove, ope'o!inq pre,su'e. 'n occordonce ,,'th l .pec'fic~ti"". of the City of Renlon and !h~ Wa.hing!on S!ote H.olt Depml",enl. AU pres,,"," tesbog ,halt be d,,". In tho p,e.eoco of "pr ••• ntoti"", of !h. City of Ronton. Th~ Quontily 01 .. ole, lo,t I,,,, the main shall nol ",coed the numbe' of ga~""s pe, hou, as listed in Clly 0' Reoton 5toodord rlans & Specillca!Ions 7-!I.J{ll), The loss in p,o .. ur. sboll not e.o~ed 5 psi du,,09 th. 2 hou' test p."Od 19. All wot.nnoln. ono ,",vic~. sholl b. di"nlocted by tho ;"jectlo" 01 o 50 ppm (m'ol",um coocent,otlon) chIOf;no/wot.,. .olut;".,. O'y Coteium H)pochlor'l. 'hoil NOT be ploced in Ihe pipe o. laid. Chlorine shall be mete,.d/1njected '" occo,donce wilh Sect'"" 711,J(12)E 0' 7-!I.3(12)F "f t~e Slo~do,d Spec;flcolion. 'e(~'enoed obove 20, A pre-constructl"" o""le,enco is 'eQulred pdo, to ony oon,tnJoUon A m,nlmu'" of f, .... "",king d0)"S notlo. i ... qu~oM lor .cheduling 21. T"e~ty-Iou' «~) hou," notloe ,,!I b. 'equl,ed pdo' to ,ta,tlng new con,l'uetion 22 I! .holl b. th~ cont,oe!O'~ respoo",biol) to ,.rure 011 neoe,.a,y permil, pdor lo .torli~9 con.t,uctlon 2J In.toilolion of 'o,po'ol •• tops. wot~, '''''CO'. I'n~. ond met.,. ""all flot be d""e u"!,1 011 ,",,,ice ogeeem.nt', mel., opplicaHons. oon.t'uetion p",mlt •. ond pOl"'""t 0' Ie .. hoY< been mooJe !o the Clly of R<fltO~ 24 All cono.dl"" to •• i.l,n9 moln. I, '0 be o<compll'''ed by I"e City of R<ntM, e,cept ..-et !oo •• oohien may be mode by oopro .... d ~.t top ~onl,od"', wHh pdor opp'o",,1 I,om Ihe Public w."h Deportment. ~II nece"o'y e.co .. ot;O'l ao~ mote"ols are to be supplied by t~e cont'oetor o~d be oo-.,t. ~do< to City notif;coUoo. 25. In'Peetion ,,~I b~ oocompl',nM by a "pr ... ntoll"" of In@ Cily of Renton, tl shalt be tne cont,octo,'. responS!birity to notify De""lopmenl S.""oe, t"""ty f"", (24) hw" i" odvonoe d ~oc~filnng 011 cOMhcFoo. The conl'oet",. 0. ,,<II o. the ""9;ne~ .... ~oll keep o.-built d,owlng> 76. Controde< lo "'ovide plug; ond I.mr"'"o,y blo,,-off n",""bli.~ fm te,t'nq ond purity ocoeptonce p,i", to Fnol tie-in ;>7. All jo;ol ,.sho;flt ,)"Ste"" (.hookl. '.Od'. out •. bon •.• le') '''0. os ",onuloclured by the Slo' Monufoc!udng Compooy of Co'umbu. 0' '''''01, opp,o •• d In ..-riling by Ih. Publ,e Wo<~, O'po,tm.nt 2B. A'Phal\ and eonc,.! •• t ... t polo1oq sh~11 bo .oweut to 0 minimum deplh 01 t"o (2) Oil mot .I,eol. ",oy be .~ode eut. All ,u,loce c,,"orelo, po"",,,enl. ,idewoih, ou,b. gulle ... ond dd""woy oppmoche, .holl b •• owout 10 Q mlfilmum dopth 01 t"o (2) Incbe. 0' r..",ovoM to an .,istinq e,pansi"" joint 29. A l~mpo<o'y col~ m" o.pholl poten '"0,1 be plo~ed on t~e day of ;n;[;ol e.ooval;on ,,;[h 0 p","'on~nt, .. oled "otc~ to bo ploced. to C;ty of Recton policy. "'t~l~ 10 doys Coil fot" ,ubg'o". ;n.pectlon prio' to ploc..".nt of finol potch .• 30. For C;ty p,ojoct. ""ch o. t~l.m.try OondUlt, t~e PVC pip. u.~d shofl be All chemkol proee .. I'ne •• holl be sc~ed,,'e BO PVC p'pe 5ch."",. ~O In unlmp,o •• d a,.o, 000 ,ehoM"l. 80 PIIC p'p~ "nde' impro«d o'eos ~~. ~ -.I«lfIU." CITY OF RENTON WATER MAIN EXTENSION & STORM DRAIN TUSCANY CONSTRUCTION. LLC ./1./2015 I i:-:::;;:" I ® ",""",,./Il"din<;1fP""''' Wo"," .... ' WATER DETAILS / NOTES 3956 NE 24TH STREET I DEIT .. z o i= () UJ rn UJ z :! UJ rn LJJ ~ u.. o z o i= 0: a: , I _ _ "_';.;";,;0,:;0;:.' ;:' 8:..1 • .. -.:' j ! ! :;,.' l e~88 If ~~H , ! I " 133dlS HU' e.-3N 9S6£' " " .. -, HN 3Jm3A v""'" ,. ...... ". ,_ NOIN{1 w '" o "-W ."fO ::E s: uj t~ "' ~5 uj ". t!l ~ '" z .., N ~ <i z 0 >= l) W (/) :! w z ;!: w (/) W :I: >- "-0 Z 0 >= '" 0 "-i i ~ ~ : ~ .. " ~!r g~ ~~ .. B~ "I': !§ ££LZOO£ L8 133C11S HHZ: ]N 9£6£ ~ , 8 "'~' gi~ ~85 ~;; § 'i ~~ ~~ :!!~ .. ! ". ~§8 ~1 ~ ~~ E~ ~dt' 0. .., i 0 ~ , IIII ;; ~ ,. .. .!;; ~ '" 2 u "' >- (f) W 0: " o m --" w , CJ is OJ 0 >- w '" 0 "-w m CD --" --" <t U . . ' :! " ui "' :~ w (!) ~~ 0: 0" Z N~ -, ~~ M N 0: a~ ~ • u • ..; Z 0 ti w VJ ~ W Z ;! W VJ e§ w ~~ I .... 0" "-,,~ 0 N' ~~ Z ~ :~ 0: o~ ~ • 0 a. 133CJ1S H 11>(; ]N 9~6r , I I !: i ! j j JI <> ~ ~ ~ Iii i ~ iii • GREEN LAKE ENGINEERING, LLC 6045 4th Avenue NE, Seattle, WA 98115 206-525-5332 • APPENDIXB • WWHM2012 PROJECT REPORT Project Name: 2015_0917-FINAL Site Name: uNION aVE. Site Address: 3956 NE 24th St. City : Renton Report Date: 9/17/2015 Gage Seatac Data Start : 1948/10/01 Data End : 2009/09/30 Precip Sca1e: 1.17 Version : 2015/01/28 • Low Flow Threshold for POC 1 50 Percent of the 2 Year High Flow Threshold for POC 1: 50 year PREDEVELOPED LAND USE Name : Basin 1 Bypass: No GroundWater: No Pervious Land Use C, Forest, Flat Pervious Total Impervious Land Use Impervious Total Basin Total Element Flows To: Surface MITIGATED LAND USE Name : Basin 1 Bypass: No GroundWater: No Pervious Land Use Acres .54 0.54 Acres o 0.54 Interflow Acres Groundwater • C, Lawn, Flat Pervious Total Imeervious Land Use ROOF TOPS FLAT DRIVEWAYS FLAT Impervious Total Basin Total Element Flows To: Surface SSD Table 1 .251 0.251 Acres 0.053 0.236 0.289 0.54 Interflow SSD Table 1 Name Depth: SSD Table 1 2.333333 ft. Element Flows To: Outlet 1 Outlet 2 SSD Table Hydraulic Table Stage Area Volume Outlet (ft) (ae) (ae-ft) Struet NotUsed 0.000 0.127 0.000 0.000 0.000 0.083 0.127 0.004 0.003 0.000 0.167 0.127 0.008 0.004 0.000 0.250 0.127 0.013 0.005 0.000 0.333 0.127 0.017 0.006 0.000· 0.417 0.127 0.021 0.007 0.000 0.500 0.127 0.025 0.007 0.000 0.583 0.127 0.034 0.008 0.000 0.667 0.127 0.043 0.009 0.000 0.750 0.127 0.051 0.009 0.000 0.833 0.127 0.060 0.010 0.000 0.9l7 0.127 0.068 0.010 0.000 1.000 0.127 0.076 0.010 0.000 1. 083 0.127 0.084 0.011 0.000 1.167 0.127 0.092 0.015 0.000 1. 250 0.127 0.099 0.017 0.000 1.333 0.127 0.107 0.020 0.000 1.4l7 0.127 0.113 0.024 0.000 1.500 0.127 0.120 0.027 0.000 1.583 0.127 0.126 0.030 0.000 1.667 0.127 0.l31 0.032 0.000 1. 750 0.127 0.136 0.034 0.000 1.833 0.127 0.140 0.03'6 0.000 • Groundwater NotUsed NotUsed NotUsed 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 • 1.917 0.127 0.144 0.037 0.000 0.000 2.000 0.127 0.149 0.039 0.000 0.000 2.083 0.127 0.153 0.041 0.000 0.000 2.167 0.127 0.157 0.042 0.000 0.000 2.250 0.127 0.161 0.043 0.000 0.000 ANALYSIS RESULTS Stream Protection Duration Predeveloped Landuse Totals for POC #1 Total Pervious Area:O.54 Total Impervious Area:O ~tigated Landuse Totals for poe #1 Total Pervious Area:O.251 Total Impervious Area:O.289 • 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Flow Frequency Return Return Period Periods for Flow (cfs) 0.021095 0.034779 0.045167 0.059683 0.071457 0.084018 Predeveloped. poe #1 2 year 5 year 10 year 25 year 50 year 100 year Flow Frequency Return Return Period 2 year 5 year 10 year 25 year 50 year 100 year Periods for ~tigated. Flow (cfs) 0.01404 0.022039 0.028596 0.038487 0.047134 0.056977 Stream Protection Duration Annual Peaks for Predeveloped and ~tigated. Year PredeveloEed Miti51ated 1949 0.026 0.009 1950 0.030 0.015 1951 0.043 0.036 1952 0.015 0.009 1953 0.012 0.010 1954 0.018 0.011 1955 0.027 0.011 1956 0.022 0.019 1957 0.020 0.011 1958 0.020 0.011 poe #1 poe #1 • • 1959 0.017 0.010 1960 0.034 0.032 1961 0.017 0.015 1962 O.Oll 0.008 1963 0.016 O.Oll 1964 0.021 O.Oll 1965 0.015 0.018 1966 0.014 0.010 1967 0.032 O.Oll 1968 0.019 0.010 1969 0.018 0.010 1970 0.015 0.010 1971 0.019 0.014 1972 0.033 0.026 1973 0.016 0.016 1974 0.018 0.0l3 1975 0.025 0.010 1976 0.018 O.Oll 1977 0.006 0.009 1978 0.015 0.015 1979 0.009 0.008 1980 0.047 0.029 1981 0.014 0.010 1982 0.033 0.026 1983 0.023 0.012 1984 0.014 0.009 1985 0.008 0.010 1986 0.035 0.019 1987 0.032 0.028 1988 0.014 0.009 1989 0.009 0.009 1990 0.090 0.035 1991 0.041 0.031 1992 0.017 0.015 1993 0.016 0.009 1994 0.007 0.008 1995 0.022 0.014 1996 0.052 0.037 1997 0.041 0.033 1998 0.015 0.009 1999 0.056 0.027 2000 0.016 0.015 2001 0.004 0.008 2002 0.022 0.022 2003 0.030 0.010 2004 0.035 0.038 2005 0.023 0.013 2006 0.024 0.016 2007 0.067 0.047 2008 0.071 0.040 2009 0.032 0.020 Stream Protection Duration Ranked Annual Peaks for Predeveloped and ~tigated. poe #1 Rank Predeveloped Mitigated 1 0.0904 0.0475 • • 2 0.0710 0.0399 3 0.0668 0.0378 4 0.0563 0.0367 5 0.0515 0.0361 6 0.0472 0.0348 7 0.0434 0.0329 8 0.0407 0.0316 9 0.0407 0.0311 10 0.0353 0.0294 11 0.0348 0.0276 12 0.0337 0.0272 13 0.0331 0.0265 14 0.0328 0.0260 15 0.0324 0.0220 16 0.0321 0.0196 17 0.0320 0.0192 18 0.0302 0.0186 19 0.0300 0.0179 20 0.0274 0.0164 21 0.0258 0.0160 22 0.0251 0.0152 23 0.0237 0.014 9 24 0.0229 0.014 9 25 0.0225 0.0148 26 0.0223 0.014 8 27 0.0219 0.0138 28 0.0219 0.0136 29 0.0207 0.0132 30 0.0204 0.0126 31 0.0201 0.0121 32 0.0192 0.0114 33 0.0187 0.0111 34 0.0181 0.0108 35 0.0179 0.0107 36 0.0177 0.0107 37 0.0176 0.0106 38 0.0174 0.0106 39 0.0170 0.0106 40 0.0168 0.0104 41 0.0165 0.0102 42 0.0164 0.0101 43 0.0157 0.0100 44 0.0156 0.0100 45 0.0154 0.0100 46 0.0152 0.0099 47 0.0150 0.0097 48 0.0145 0.0096 49 0.0145 0.0095 50 0.0142 0.0094 51 0.0139 0.0093 52 0.0138 0.0093 53 0.0137 0.0093 54 0.0123 0.0092 55 0.0114 0.0091 56 0.0093 0.0089 57 0.0087 0.0086 58 0.0083 0.0083 • • 59 0.0067 0.0082 60 0.0062 0.0082 61 0.0041 0.0082 Stream Protection Duration POC #1 The Facility PASSED The Facility PASSED. Flow (cfs) Predev Mit Percentage Pass/Fail 0.0105 18465 15451 83 Pass 0.0112 16095 10194 63 Pass 0.0118 14333 9420 65 Pass 0.0124 12694 8547 67 Pass 0.0130 11199 7890 70 Pass 0.0136 9888 7251 73 Pass 0.0142 8831 6750 76 Pass 0.0149 7843 6235 79 Pass 0.0155 7013 5568 79 Pass 0.0161 6295 4960 78 Pass 0.0167 5683 4490 79 Pass 0.0173 5174 4034 77 Pass 0.0179 4697 3677 78 Pass 0.0185 4280 3388 79 Pass 0.0192 3903 3061 78 Pass 0.0198 3527 2768 78 Pass 0.0204 3183 2579 81 Pass 0.0210 2864 2451 85 Pass 0.0216 2592 2310 89 Pass 0.0222 2355 2186 92 Pass 0.0229 2138 2055 96 Pass 0.0235 1953 1948 99 Pass 0.0241 1796 1848 102 Pass 0.0247 1669 1746 104 Pass 0.0253 1514 1608 106 Pass 0.0259 1344 1471 109 Pass 0.0265 1223 1340 109 Pass 0.0272 1124 1225 108 Pass 0.0278 1042 1119 107 Pass 0.0284 971 988 101 Pass o . 02 90 910 869 95 Pass 0.0296 838 770 91 Pass 0.0302 766 695 90 Pass 0.0309 704 629 89 Pass 0.0315 634 559 88 Pass 0.0321 570 506 88 Pass 0.0327 488 455 93 Pass 0.0333 425 413 97 Pass 0.0339 376 378 100 Pass 0.0345 341 337 98 Pass 0.0352 307 290 94 Pass 0.0358 270 262 97 Pass 0.0364 235 218 92 Pass 0.0370 196 176 89 Pass 0.0376 171 146 85 Pass • • 0.0382 145 121 83 Pass 0.0388 125 107 85 Pass 0.0395 107 92 85 Pass 0.0401 95 70 73 Pass 0.0407 84 63 75 Pass 0.0413 71 58 81 Pass 0.0419 61 52 85 Pass 0.0425 55 45 81 Pass 0.0432 45 40 88 Pass 0.0438 40 35 87 Pass 0.0444 37 32 86 Pass 0.0450 35 27 77 Pass 0.0456 29 21 72 Pass 0.0462 25 18 72 Pass 0.0468 22 14 63 Pass 0.0475 17 1 5 Pass 0.0481 15 0 0 Pass 0.0487 11 0 0 Pass 0.0493 9 0 0 Pass 0.0499 8 0 0 Pass 0.0505 8 0 0 Pass 0.0512 8 0 0 Pass 0.0518 7 0 0 Pass 0.0524 7 0 0 Pass 0.0530 7 0 0 Pass 0.0536 7 0 0 Pass 0.0542 7 0 0 Pass 0.0548 7 0 0 Pass 0.0555 7 0 0 Pass 0.0561 6 0 0 Pass 0.0567 5 0 0 Pass 0.0573 5 0 0 Pass 0.0579 5 0 0 Pass 0.0585 4 0 0 Pass 0.0592 4 0 0 Pass 0.0598 4 0 0 Pass 0.0604 4 0 0 Pass 0.0610 4 0 0 Pass 0.0616 4 0 0 Pass 0.0622 4 0 0 Pass 0.0628 4 0 0 Pass 0.0635 4 0 0 Pass 0.0641 4 0 0 Pass 0.0647 3 0 0 Pass 0.0653 3 0 0 Pass 0.0659 3 0 0 Pass 0.0665 3 0 0 Pass 0.0672 2 0 0 Pass 0.0678 2 0 0 Pass 0.0684 2 0 0 Pass 0.0690 2 0 0 Pass 0.0696 2 0 0 Pass 0.0702 2 0 0 Pass 0.0708 2 0 0 Pass 0.0715 1 0 0 Pass • • Water Quality BMP Flow and Volume for POC #1 On-line facility volume: 0 acre-feet On-line facility target flow: 0 ofs. Adjusted for 15 min: 0 efa. Off-line facility target flow: 0 efs. Adjusted for 15 min: 0 cfs. LID Report LID Technique Percent Water Quality Volumn Infiltrated SSD Table 1 poe Used for Percent Treatment? Water Quality Treated N Total Volumn Comment Needs Treatment (ac-tt) 73.71 Total Volume Infiltrated 73.71 0.00 0% No Treat. Credit Compliance with LID Standard 8 Duration Analysis Result = Passed Perlnd and Implnd Changes No changes have been made. Volumn Infiltration Through volumn Facility (ac-ft) (ac-ft) 0.00 0.00 Cumulative Volumn Infiltration Credit N 0.00 0.00 This program and accompanying documentation are provided 'as-is' without warranty of any kind. The entire risk regarding the performance and results of this program is assumed by End User. Clear Creek Solutions Inc. and the governmental licensee or sublicensees disclaim all !"arranties, either expressed or implied, including but not limited to implied warranties of program and accompanying documentation. In no event shall Clear Creek Solutions Inc. be liable for any damages whatsoever (including without limitation to damages fo'r loss of business profits, loss of business information, business interruption, and the like) arising out of the use of, or inability to use this program even if Clear Creek Solutions Inc. or their authorized representatives have been advised of the possibility of such damages. Software Copyright ~ by : Clear Creek Solutions, Inc. 2005-2015; All Rights Reserved. • GREEN LAKE ENGINEERING, LLC 60454" Avenue NE, Seattle, WA 98115 206-525-5332 • APPENDIX C • • SECfION C.2 FLOW CONTROL BMPs C.2:3.5 MAINTENANCE INSTRUCTIONS FOR LIMITED INFILTRATION If the limited infiltration flow control BMP is proposed for a project, the following maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easemeDi per Requirement 3 of Section C.l.3.3 (p. C-l8). The intent of these instructions is to explain io futureproperty owners, the purpose of the BMP and how it must be maintained and operated. These iHstructions are intended to be a minimum;.DDES may require additional instructions based on site- specific conditions. Also, as the County gains more experience wlth the maintenance and operation of these BMPs, future updates to the instructions will be posted on King County's Swface Water Design Manual website. [J TEXT OF INSTRUCTIONS Your property contains a stormwatei management flow control BMP (best management practice) called "limited infiltration," which was installed to mttigate the stormwater quantity and quality impacts of some or all of the impervious surfaces on your property. Limited infiltration is a method of soaking runoff from impervious area (such as paved areas and roofs) into the ground. Infiltration devices, such as gravel filled trenches, drywells, and ground surface depressions, facilitate this process by putting runoff in direct contact with the soil and holding the runoff long enough to soak most of it into the ground. To be successful, the soil condition around the infiltration device must be able to soak water into the ground for a reasonable number of years. The Infiltration devices used on your property include the following as indicated on the flow control BMP site plan: 0 gravel filled trenches, 0 drywells. The size, placement. and composition of these devices as depicted by the flow control BMP site plan and design details must be maintained and may no! be changed without written approval either from the King County Water,and Land Resources Division or through a future development permit from King County. Infittration devices must be inspected annually and after major storm events to identify and repair any physical defects. Maintenance and operation of the system should focus on ensuring the system's viability by preventing sediment-laden flows from entering the device. Excessive sedimentation will result in a plugged or non-functioning facility. If the infiltration device has a catch basin. sediment accumulation must be removed on a yearly basis or more frequently if necessary. Prolonged ponding around or atop a device may indicate a plugged faciltty. If the device becomes plugged, it must be replaced. Keeping the areas that drain to infiltration devices well swept and clean will enhance the longevity of these devices. For roofs, frequent cleaning of gutters will reduce sediment loads to these devices. 2009 Surface Water Design Manual-Appendix C c-so • • ., Oldcastle" < Stormwater Solutions "~.. ~.-,~ ... , ... ~", ,~~~. ~, PERKFILTER'M INSPECTION AND MAINTENANCE GUIDE Washington State Department of Ecology (800) 579-8819 August 31,2015 Version 2 I oldcastlestormwater.com stormcapture.com .----------------------- • • PerkFilter ilnspection and Maintenance Guide for Washington State Department of Ecology PerkFilter™ Media Filtration System Description/Basic Function The PerkFilter is a stormwater filtration device used to reduce pollutant loading in runoff from urban developments. Impervious surfaces and other urban and suburban landscapes generate a variety of contaminants that can enter stormwater, polluting downstream receiving waters. The PerkFilter captures and retains sediment, oils, metals and other target constituents close to the source and reduces the total pollutant discharge load. The PerkFilter cartridge is manufactured from durable polymeric components with a polymer-coated steel support screen and stainless steel hardware. Its base construction allows use with a wide variety of media chosen to address site-specific pollutants of concern. PerkFilters may be installed as a retrofit to suitable existing curb inlet, drop inlet, or combination catch basins, as an integral part of a coated steel-or concrete-housed stormwater inlet system for commercial, residential, and industrial developments, or as centralized modular treatment system installed either online or off-line. Pre-filtration Systems constructed with a catch basin inlet are equipped with a FloGard +Plus' Catch Basin Insert for pre-filtration. This insert captures gross pollutants such as trash, debris, hydrocarbons, and large sediment particles. Gravity Separation Some PerkFilter systems have an inlet bay wherein the initial storm water flows are received. This is separated from the main treatment chamber by a baffle wall with weir assembly. Medium size sediment particles are retained in the inlet bay. A drain down assembly to eliminate standing water from the inlet bay area between storm events is included in standard configurations. Media Filtration Once the stormwater enters the treatment chamber, it will pass through the filtration cartridges containing the project-specified filter media as the water level rises in the chamber. Very fine pollutant particulates will be retained in the filter cartridges as the water flows through the media to an interior slotted pipe, dropping the treated stormwater into an outlet chamber below a false floor. Peak Flow Bypass PerkFilter systems are designed with a peak flow bypass to ensure the system will not back up and cause upstream flooding during extraordinary storm events. The bypass weir is an integral part of the baffle wall assembly in the inlet bay and allows peak flow storm water directly to the outlet chamber. ©2015 Oldcastle Precast, Inc. 2 • • PerkFilter I Inspection and Maintenance Guide for Washington State Department of Ecology Maintenance Overview for PerkFilter Systems State and Local regulations require that stormwater management systems be maintained and serviced on a recurring basis. The purpose of maintaining a clean and obstruction free PerkFilter system is to ensure the system performs the intended function of the primary design. Trash and debris, floatables, gross pollutants and sediment can build up in any stormwater system. This can cause the system to function improperly by impeding flow in and out of the system and reducing the operating efficiency of the media filters. Downstream and upstream, areas could run the risk of flooding and deleterious environmental impact. Recommended Frequency of Service It is recommended that PerkFilter systems be serviced on a regularly occurring basis. Ultimately the frequency depends on the amount of runoff, pollutant loading, and interference from trash, debris and gross pollutants as well as proper maintenance of upstream pretreatment devices. However, it is recommended that each installation be inspected in accordance with the following guidelines: Levell Inspection Service -Six months after unit is placed into service, or six months after a Level 2 or Level 3 inspection. Level 2 Inspection Service -Four months after a Level 1 inspection or 10 months after a Level 3 service. Level 3 Service -As determined by findings from Level 2 inspection service, reports indicating a media filter change or system repairs are required to maintain the operating efficiency of the system. Service Procedures Inlet Bay 1. The inlet manhole coverts) and or grate(s) shall be removed and placed to one side. 2. For systems with a FloGard +Plus® Catch Basin Insert, the insert will be cleaned in accordance with the general specifications for maintenance of those devices. After cleaning the filter shall be removed and set aside. 3. Any debris will be removed from the inlet bay(s) and disposed of in accordance with local regulations. 4. Check and clean the area behind and under the inlet weir/bypass assembly. Remove assembly as necessary to conduct inspection. 5. Check drain down assembly and clean if necessary. 6. Re-install catch basin insert filter. 7. Re-install grate or manhole access cover. ©2015 Oldcastle Precast, Inc. 3 • • PerkFilter I Inspection and Maintenance Guide for Washington State Department of Ecology Cartridge Bay 1. Remove and place to one side the manhole access covers above the cartridge bay. 2. A Levell inspection service shall consist of a visual inspection from the surface level. Observe and note the condition of the cartridge bay and the cartridges, measure sediment level, if any, and note on maintenance record. Physical entry is not required unless the depth prevents the entire cartridge bay area from being observed. 3. A Level 2 inspection service shall consist of a physical. confined-space entry into the cartridge bay. The filter cartridges and filter media shall be inspected for condition and filter media life, the sediment level, if any, measured, and any trash or debris removed and disposed of in accordance with local regulations. All information and recommendations shall be noted on the maintenance record. 4. A Level 3 service shall consist of a physical, confined-space entry into the cartridge bay. The filter cartridges shall be removed and replaced with re-charged exchange filter cartridges. As an option, the filter media may be removed of on-site, the cartridges cleaned, and replacement media be installed into the cartridges. All spent filter media shall be disposed of in accordance with local regulations. 5. Upon completion of inspection/service, re-install the manhole access cover(s). 6. The manhole cover(s) and/or grate(s) shall be replaced. Inspection / Maintenance Requirements Listed below are some recommendations for equipment and training for personnel to inspect and maintain a PerkFilter system. Personnel: Equipment: OSHA Confined Space EntryTraining is a prerequisite for entrance into a system. Record Taking (pen, paper, voice recorder) Proper Clothing (appropriate footwear, gloves, hardhat, safety glasses, etc.) Flashlight Tape Measure Measuring Stick Pry Bar Traffic Control (Flagging, barricades, signage, cones, etc.) First aid materials Debris and Contaminant collectors Debris and Contaminant containers Vacuum Truck Disposal of Gross Pollutants, Hydrocarbons, Sediment, and Filter Media The collected gross pollutants, hydrocarbons, sediment, and filter media shall be disposed of in accordance with local, state and/or federal agency requirements. ©2015 Oldcastle Precast, Inc. 4 • Save Valuable Land and Protect Water Resources • ~ StormTech" Detention· Retention· Water Quality jl aiviswn of """""'~ LlllW'..r~. Isolato~ Row O&M Manual StormTech" Chamber System for Stormwater Management • 1.0 The Isolator® Row 1.1 INTRODUCTION An important component of any Stormwater Pollution Prevention Plan is inspection and maintenance. The StormTech Isolator Row is a patented technique to inexpensively enhance Total Suspended Solids (TSS) removal and provide easy access for inspection and maintenance. Looking down the Isolator Row from the manhole opening, woven geoteXlife is shown between the chamber and stone base. 1.2 THE ISOLATOR ROW The Isolator Row is a row of StormTech chambers, either SC-310, SC-310-3, SC-740, DC-7BO, MC-3500 or MC- 4500 models, that is surrounded with filter fabric and con- nected to a closely located manhole for easy access. The fabric-wrapped chambers provide for settling and filtra- tion of sediment as storm water rises in the Isolator Row and ultimately passes through the filter fabric. The open bottom chambers and perforated sidewalls (SC-310, sc- 310-3 and SC-740 models) allow storm water to flow both vertically and horizontally out of the chambers. Sediments are captured in the Isolator Row protecting the storage areas of the adjacent stone and chambers from sediment accumulation. Two different fabrics are used for the Isolator Row. A woven geotextile fabric is placed between the stone and the Isolator Row chambers. The tough geotextile provides a media for storm water filtration and provides a durable surface for maintenance operations. It is also designed to prevent scour of the underlying stone and remain intact during high pressure jetting. A non-woven fabric is placed over the chambers to provide a filter media for flows passing through the perforations in the sidewall of the chamber. The non-woven fabric is not required over the DC-7S0, MC-3S00 or MC-4S00 models as these chambers do not have perforated side walls. • The Isolator Row is typically designed to capture the "first flush" and offers the versatility to be sized on a vol- ume basis or flow rate basis. An upstream manhole not only provides'access to the Isolator Row but typically includes a high flow weir such that storm water flowrates or volumes that exceed the capacity of the Isolator Row overtop the over flow weir and discharge through a manifold to the other chambers. The Isolator Row may also be part of a treatment train. By treating storm water prior to entry into the chamber system, the service life can be extended and pollutants such as hydrocarbons can be captured. Pre-treatment best management practices can be as simple as deep sump catch basins, oil-water separators or can be inno- vative storm water treatment devices. The design of the treatment train and selection of pretreatment devices by the design engineer is often driven by regulatory requirements. Whether pretreatment is used or not, the Isolator Row is recommended by StormTech as an effective means to minimize maintenance requirements and maintenance costs. Note: See the Storm Tech Design Manual for detailed information on designing inlets for a Storm Tech system, including the Isolator Row. Slo,mTech Isolalo, Row with Overflow Spillway (not to scale) MANHOLE WITH OVERFLOW WEIR ECCENTRIC HEAOER OPTIONAL ACCESS OPTIONAL PRE· TREATMENT STORMTECH CHAMBERS 2 Call StarmTech at 888.892.2694 ar visit our website at www.stormtech.com far technical and product information. • • 2.0 Isolator Row Inspection/Maintenance ~ StormTech- 2.1 INSPECTION The frequency of Inspection and Maintenance varies by leeation. A routine inspection schedule needs to be established for each individual location based upon site specific variables. The type of land use (i.e. industrial, commercial, residential), anticipated pollutant load, per- cent imperviousness, climate, etc. all playa critical role in determining the actual frequency of inspection and maintenance practices. At a minimum, StormTech recommends annual inspec- tions. Initially, the Isolator Row should be inspected every 6 months for the first year of operation. For subsequent years. the inspection should be adjusted based upon previous observation of sediment deposition, The Isolator Row incorporates a combination of standard manhole(s) and strategically located inspection ports (as needed). The inspection ports allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be inserted to deter- mine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, clean-out should be performed. 2.2 MAINTENANCE The Isolator Row was designed to reduce the cost of periodic maintenance. By "isolating" sediments to just one row, costs are dramatically reduced by eliminating the need to clean out each row of the entire storage bed. If inspection indicates the potential need for main- tenance, access is provided via a manhole(s) located on the end(s) of the row for cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined space entries. StormTech Isolator Row (not to scale) Examples of culvert cleaning nozzles appropriate for Isolator Row maintenance. (These are not Storm Tech products.) Maintenance is accomplished with the Je1Vac process. The JetVac process utilizes a high pressure water noz- zle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, the captured pollutants are flushed back into the man- hole for vacuuming. Most sewer and pipe maintenance companies have vacuum/JetVac combination vehicles. Selection of an appropriate JetVac nozzle will improve maintenance efficiency. Fixed nozzles designed for cul- verts or large diameter pipe cleaning are preferable. Rear facing jets with an effective spread of at least 45" are best. Most JetVac reels have 400 feet of hose allow- ing maintenance of an Isolator Row up to 50 chambers long. The JetVac process shall only be perlormed on StormTech Isolator Rows that have AASHTO class 1 woven geotextlle (as specified by StormTech) over their angular base stone. NOTE: NON-WOVEN FABRIC IS ONLY REQUIRED OVER THE INLET PIPE CONNECTION INTO THE END CAP FOR DC-7BO. MC-3500 AND MC-4500 CHAMBER MODELS AND IS NOT REQUIRED OVER THE ENTIRE ISOLATOR RQW. Call SlormTech at 888.892.2694 or visit our website al www.stormtech.com for technical and product information. 3 -----~~--~~~~~~~~~~~~~~~~~~~~~~~-, • • 3.0 Isolator Row Step By Step Maintenance Procedures Step 1) Inspect Isolator Row for sediment A) Inspection ports (if present) i. Remove lid from floor box frame ii. Remove cap from inspection riser if!. USing a flashl'lght and stadia rod, measure depth of sediment and record results on maintenance log. iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not proceed to step 3. B) All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row StormTech Isolator Row (not to scale) 1181 ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2) Clean out Isolator Row using the JetVac process A) A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush water is clean C) Vacuum manhole sump as required Step 3) Replace all caps, lids and covers, record observations and actions Step 4) Inspect & clean catch basins and manholes upstream of the StormTech system Sample Maintenance Log Stadia Rod Readings ~ StormTech" Detention· Retention· Water Quality J! aivision of [I'Imftl"~ LlUWr.a...\). 70 Inwood Road, Suite 3 I Rocky Hill I Connecticut I 06067 860.529.8188 1888.892.2694 I lax 866.328.8401 I www.stormtech.com ADS "Terms and Conditions of Sale" are available on the ADS website. www.ads-pipe.com Advanced Drainage Systems. the ADS logo, and the green stripe are registered trademarks of Advanced Drainage Systems. Stormleche and the Isolator& Row are registered trademarks 01 SlormTech, Inc. Green Building Council Member logo is a registered trademark of the U.S. Green Building Council. © 2013 Advanced Drainage Systems, Inc. S090809 02/13 • GREEN LAKE ENGINEERING, LLC 6045 4,h Avenue NE, Seattle, WA 98115 206-525-5332 • APPENDIXD Site Improvement Bond Quantity Worksheet S15 Web date: 02122/2013 ~ King County Department of Permitting 8. Environmental Review 35030 SE Douglas Street, Suite 210 Snoqualmie, Washington 98065-9266 206-296-6600 nY Relay 711 Project Name: Union Avenue Location: 3956 NE 24th Street, Renton, WA Clearing greater than or equal to 5,000 board feet of timber? yes If yes, Forest Practice Permit Number: (RCW76.09) Page1of9 Appendix D-BondQuantitiesSpreadsheel.xls X no For alternate formats, call 206-296-6600. Date: 09/23/15 Project No.: 815002755 Activity No.: Note: All prices include labor, equipment, materials, overhead and profit. Prices are from RS Means data adjusted for the Seattle area or from local sources if not included in the RS Means database. Unit prices updated: 02/12102 Version: 11/26/2008 Report Date: 912312015 • • Site Improvement Bond Quantity Worksheet 515 Web dale: 0212212013 Reference # EROSION/SEDIMENT CONTROL Number Backfill & compaction-<lmbankment ESC-I Check dams, 4" minus rock ESC-2 SWDM 5.4.6.3 Crushed surfacing 1 114" minus ESC-3 WSDOT 9-03.9(3) Ditching ESC-4 Excavation-bulk ESC-5 Fence, silt ESC-6 SWDM 5.4.3.1 Fence, Temporary (NGPE) ESC-7 Hydroseeding ESC-8 SWDM 5.4.2.4 Jute Mesh ESC-9 SWDM 5.4.2.2 Mulch, by hand, straw, 3" deep ESC-IO SWDM 5.4.2.1 Mulch, by machine, straw, 2" deep ESC-II SWDM 5.4.2.1 Piping, temporary, CPP, 6" ESC-12 Piping, temporary, CPP, 8" ESC-13 Piping, temporary, CPP, 12" ESC-14 Plastic covering, 6mm thick, sandbagged ESC-IS SWDM 5.4.2.3 Rip Rap, machine placed; slopes ESC-16 WSDOT 9-13.1(2) Rock Construction Entrance, 50'xI5'xl' ESC-17 SWDM 5.4.4.1 Rock Construction Entrance, 100'xI5'xl' ESC-IS SWDM 5.4.4.1 Sediment pond riser assembly ESC-19 SWDM 5.4.5.2 Sediment trap,S' high berm ESC-20 SWDM 5.4.5.1 Sed. trap, 5' high. riprapped spillway berm section ESC-21 SWDM 5.4.5.1 Seeding, by hand ESC-22 SWDM 5.4.2.4 Sodding, 1" deep, level ground ESC-23 SWDM 5.4.2.5 Sodding, 1" deep, sloped ground ESC-24 SWDM 5.4.2.5 TESC Supervisor ESC-2S Water truck, dust control ESC-26 SWDM 5.4.7 WRITE-IN-ITEMS .. ** (see (!age 91 .. --------- Page 2 019 Appendix D-BondQuantitiesSpreadsheel.xls Unit Price Unit Quantity $ 5.62 CY $ 67.51 Each $ 85.45 CY $ 8.08 CY $ 1.50 CY $ 1.38 LF 690 $ 1.38 LF $ 0.59 SY 1655 $ 1.45 SY $ 2.01 SY $ 0.53 SY $ 10.70 LF $ 16.10 LF $ 20.70 LF $ 2.30 SY $ 39.08 CY $ 1,464.34 Each I $ 2,928.68 Each $ 1,949.38 Each $ 17.91 LF $ 68.54 LF $ 0.51 SY $ 6.03 SY $ 7.45 SY $ 74.75 HR $ 97.75 HR Each ESC SUBTOTAL: 30% CONTINGENCY & MOBILIZATION: ESC TOTAL: COLUMN: #of Applications Cost 1 952 1 976 I 1464 $ 3,392.99 $ 1,017.90 $ 4,410.89 A Unit prices updated: 02/12102 Version: 11/26/2008 Report Date: 9/2312015 • • , GENERAL ITEMS No. Backfill & Compaction-embankment GI· 1 Backfill & Compaction-trench GI· 2 Clear/Remove Brush, by hand GI· 3 Clearing/GrubbingfTree Removal GI·4 Excavation -bulk GI· 5 Excavation -Trench GI-6 Fencin", cedar. 6' hiQh GI-7 Fencing, chain link, vinyl coated, 6' hig~ GI-8 Fencing, chain link. gate, vinyl coated. GI-9 Fencing, split rail, 3' high GI-l0 Fill & compact -common barrow GI-11 Fill & compact -Qravel base GI-12 Fill & compact -screened topsoil GI-13 Gabion, 12" deep, stone filled mesh GI-14 Gabion, 18" deep, stone filled mesh GI-15 Gabion, 36" deeD, stone filled mesh GI-16 GradinQ, fine, by hand GI-l Grading, fine. with grader GI-18 Monuments. 3' long GI-19 Sensitive Areas Sign GI-20 Soddina, 1" deeD, sloDed ground GI-21 SurvevinQ. line & Qrade GI-22 Surveying, lot locationllines GI-23 Traffic control crew ( 2 flaggers ) GI-24 Trail, 4" chipped wood GI-25 Trail, 4" crushed cinder GI-26 Trail, 4" tOD course GI-27 Wall, retaining. concrete GI-28 Wall rockerv GI-29 -- Page 30f9 *KCC 27A authorizes only one bond reduction. Appendix D·BondQuanutiesSpreadsheet.xls Site Improvement Bond Quantity Worksheet Web date: 1210212008 Unit Price Unit Quant. $ 5.62 CY $ 8.53 CY $ 0.36 SY $ 8.876.16 Acre $ 1.50 CY $ 4.06 CY $ 18.55 LF $ 13.44 LF $ 1,271.81 Each $ 12.12 LF $ 22.57 CY $ 25.48 CY $ 37.85 CY $ 54.31 SY $ 74.85 SY $ 132.48 SY $ 2.02 SY $ 0.95 SY $ 135.13 Each $ 2.88 Each $ 7.46 SY $ 788.26 Day $ 1,556.64 Acre $ 85.18 HR $ 7.59 SY $ 8.33 SY $ 8.19 SY $ 44.16 SF $ 9.49 SF SUBTOTAL Existing Future Public Right-of-Way Right of Way & Drainage Facilities Cost Quant. Cost ,~" Private Quantity Completed Improvements (Bond Reduction)" Quant. 125 50 0.75 500 50 1655 8 Quant. Cost Comolete Cost 702.50 426.50 6,657.12 750.00 203.00 3,343.10 681.44 12,763.66 Unit prices updated: 02112102 Version: 11126108 Report Date: 912312015 • • I ROAD IMPROVEMENT No. AC Grinding, 4' wide machine < 1 ODDS'll RI-1 AC Grindina, 4' wide machine 1000-200 RI-2 AC GrindinQ, 4' wide machine> 2000s.., RI-3 AC Removal/DisposallRepair RI-4 Barricade, type I RI-5 Barricade. type III ( Permanent) RI-6 Curb & Gutter. rolled RI-7 Curb & Gutter, vertical RI-8 Curb and Gutter. demolition and dispos IRI-9 Curb, extruded asphalt RI-l0 Curb, extruded concrete RI-11 Sawcut. asphalt. 3~ depth RI-12 Sawcut, concrete, per 1" depth RI-13 Sealant, asphalt RI-14 Shoulder, AC, {see AC road unit price RI-15 Shoulder, gravel, 4" thick. RI-16 Sidewalk, 4" thick RI-17 Sidewalk, 4" thick, demolition and dispo RI-18 Sidewalk, 5" thick RI-19 Sidewalk, 5" thick, demolition and disDO RI-20 SiQn. handicap RI-21 Slriping, per slall RI-22 Striping, thermoplastic, (for crosswalk RI-23 Strioina. 4" reflectorized line RI-24 Page 4 of9 ·KGG 27 A authorizes only one bond reduction. Appendix D-BondQuantiUesSpreadsheet.xls Site Improvement Bond Quantity Worksheet Web date: 1210212008 Existing Right-of-way Unit Price Unit Quant. I Cost $ 28.00 SY $ 15.00 SY $ 7.00 SY $ 67.50 SY 31 2,092.50 $ 30.03 LF $ 45.05 LF $ 17.00 LF $ 12.50 LF $ 18.00 LF $ 5.50 LF $ 7.00 LF $ 1.85 LF 85 157.25 $ 1.69 LF $ 1.25 LF $ -SY $ 15.00 SY $ 35.00 SY $ 29.50 SY $ 38.50 SY 29 1,116.50 $ 37.50 SY 29 1,087.50 $ 85.28 Each $ 5.82 Each $ 2.38 SF $ 0.25 LF SUBTOTAL 4,453.75 Future Public Right otway & Draina!=l8 Facilities Quant. I Cost Private Bond Reduction· Improvements Quant. I 300 Quant. Cost Comolete Cost 1,650.00 1,650.00 Unit prices updated: 02112102 Version: 11126/08 Report Date: 912312015 • • Site Improvement Bond Quantity Worksheet 'Neb date: 1210212008 Unit Price Unit ROAD SURFACING (4" Rock = 2.5 base & 1.5" top course) For KCRS '93, (additional 2.5" base) ad RS -1 AC Overlay, 1.5" AC RS-2 AC Overlay, 2" AC RS-3 AC Road, 2", 4" rock. First 2500 SY RS-4 AC Road, 2", 4" rock, Otv. over 2500SY RS-5 AC Road, 3", 4" rock, First 2500 SY RS-6 AC Road, 3", 4" rock, Qty. over 2500 S RS-7 AC Road, 5", First 2500 SY RS-8 AC Road, 5", Oty. Over 2500 SY RS-9 AC Road, 6", First 2500 SY RS -1 AC Road, 6", aly. Over 2500 SY RS - 1 Asphalt Treated Base, 4" thick RS - 1 Gravel Road, 4" rock, First 2500 SY RS -1 Gravel Road, 4" rock, Oty. over 2500 S RS -1 pce Road, 5", no base, over 2500 SY RS - 1 pce Road, 6", no base, over 2500 SY RS - 1 Thickened Edge RS -1 Page 5 of9 *KCC 27A authorizes only one bond reduction. Appendix D-BondOuantitiesSpreadsheet.xls $ 3.60 SY $ 11.25 SY $ 15.00 SY $ 21.00 SY $ 19.00 SY $ 23.30 SY $ 21.00 SY $ 27.60 SY $ 25.00 SY $ 33.10 SY $ 30.00 SY $ 20.00 SY $ 15.00 SY $ 8.50 SY $ 27.00 SY $ 25.50 SY $ 8.60 LF SUBTOTAL Existing Future Public Right-of-way Right of Way & Drainage Facilities Quant I Cost Quant I Cost For '93 KCRS ( 6.5" Rock= 5"' base & 1.5" top course) 31 722.30 722.30 Private Bond Reduction* Improvements Quant I 1230 60 Quant. Cost Complete Cost 25,830.00 900.00 26,730.00 Unit prices updated: 02/12/02 Version: 11/26/08 Report Date: 912312015 • • Site Improvement Bond Quantity Worksheet Web date: 12/0212008 I Unit Price Unit DRAINAGE (CPP = Corrugated Plastic Pipe, N12 or Equivalent) Access Road, RID 0-1 Sollards -fixed 0-2 Sollards -removable 0-3 • (CBs include frame and lid) CB Type I 0-4 CB Type IL 0-5 CB Tvoe II, 48" diameter 0-6 for additional deeth over 4' 0-7 CB Type II, 54 M diameter 0-8 for additional depth over 4' 0-9 CB Type II, 60" diameter 0-10 for additional depth over 4' 0-11 CB TVDe II. 72" diameter 0-12 for additional deeth over 4' 0-13 ThrouQh-curb Inlet Framework. (Add) 0-14 Cleanout, PVC, 4" 0-15 Cleanout, PVC, 6" 0-16 Cleanout, PVC, 8" 0-17 Culvert, PVC. 4" 0-18 Culvert. PVC. 6" 0-19 Culvert, PVC, 8" 0-20 Culvert. PVC, 12" 0-21 Culvert. CMP, 8" 0-22 Culvert. CMP, 12" 0-23 Culvert, CMP, 15" 0-24 Culvert, CMP, 18" 0-25 Culvert, CMP, 24" 0-26 Culvert. CMP, 30" 0-27 Culvert, CMP, 36" 0-28 Culvert. CMP. 48" 0-29 Culvert. CMP, 60" 0-30 Culvert CMP 72" 0-31 Page 6 of9 ~KCC 27A authorizes only one bond reduction. Appendix O-BondQuantitiesSpreadsheet.xls $ 21.00 SY $ 240.74 Each $ 452.34 Each $ 1,257.64 Each $ 1,433.59 Each $ 2,033.57 Each $ 436.52 FT $ 2,192.54 Each $ 486.53 FT $ 2,351.52 Each $ 536.54 FT $ 3,212.64 Each $ 692.21 FT $ 366.09 Each $ 130.55 Each $ 174.90 Each $ 224.19 Each $ 8.64 LF $ 12.60 LF $ 13.33 LF $ 21.77 LF $ 17.25 LF $ 26.45 LF $ 32.73 LF $ 37.74 LF $ 53.33 LF $ 71.45 LF $ 112.11 LF $ 140.83 LF $ 235.45 LF $ 302.58 LF SUBTOTAL Existing Future Public Private Bond Reduction· Right-of-way Right otWay Improvements & Drainage Facilities Quant. Quant. I Cost Quant. I Cost Quant. I Cost Complete Cost For Culve~rices. Ave~ of 4' cover was assumed. Assume perforated PVC is sam!.E....rice as solid pipe. 3 3 3.5 1 3 55 230 3,772.92 6,100.71 1,527.82 2,192.54 1,459.59 475.20 2,898.00 18,426.78 Unit prices updated: 02/12/02 Version: 11126108 Report Date: 9/23/2015 • • DRAINAGE CONTINUED No. Culvert, Concrete, 8" 0-32 Culvert, Concrete, 12" 0-33 Culvert, Concrete, 15" 0-34 Culvert, Concrete, 18" 0-35 Culvert. Concrete, 24" 0-36 Culvert, Concrete, 30" 0-37 Culvert, Concrete, 36" 0-38 Culvert, Concrete, 42" 0-39 Culvert, Concrete, 48" 0-40 Culvert, CPP, 6" 0-41 Culvert, CPP, 8" 0-42 Culvert, CPP, 12" 0-43 Culvert, CPP, 15" 0-44 Culvert, CPP, 18" 0-45 Culvert. CPP, 24" 0-46 Culvert, CPP, 30" 0-47 Culvert, CPP, 36" 0-48 DitchinQ 0-49 Flow Dispersal Trench (1,436 base+) 0-50 French Drain (3' depth) 0-51 Geotextile, laid in trench, polYoropvlene 0-52 Infiltration pond lesUna 0-53 Mid-tank Access Riser, 48 ft dia, 6' dee~ 0-54 Pond Overflow Spillway 0-55 Restrictor/Oil Separator, 12" 0-56 Restrictor/Oil Separator, 15" 0-57 Restrictor/Oil Seoarator, 16" 0-58 Riorao, olaced 0-59 Tank End Reducer (36" diameter) 0-60 Trash Rack. 12ft 0-61 Trash Rack, 15" 0-62 Trash Rack, 18" 0-63 Trash Rack 21~ 0-64 Page 70f9 *KCC 27A authorizes only one bond reduction. Appendix D-BondQuantitiesSpreadsheet.xls Site Improvement Bond Quantity Worksheet Web date: 1210212008 Unit Price Unit Quant. $ 21.02 LF $ 30.05 LF $ 37.34 LF $ 44.51 LF $ 61.07 LF $ 104.18 LF $ 137.63 LF $ 158.42 LF $ 175.94 LF $ 10.70 LF $ 16.10 LF $ 20.70 LF $ 23.00 LF $ 27.60 LF $ 36.80 LF $ 48.30 LF $ 55.20 LF $ 8.08 CY $ 25.99 LF $ 22.60 LF $ 2.40 SY $ 74.75 HR $ 1,605.40 Each $ 14.01 SY $ 1,045.19 Each $ 1,095.56 Each $ 1,146.16 Each $ 39.08 CY $ 1,000.50 Each $ 211.97 Each $ 237.27 Each $ 268.89 Each $ 306.84 Each SUBTOTAL Existing Future Public Right-of-way Righi of Way & Drainage Facilities Cost Quant. Cost Private Bond Reduction- Improvements Quant. 208 Quant. Cost Complete Cost 6841.92 6841.92 Unit prices updated: 02/12/02 Version: 11/26/08 Report Date: 912312015 • • Site Improvement Bond Quantity Worksheet Web date; 1210212008 I Unit Price Unit PARKING LOT SURFACING N2. 2" AC, 2" top course rock & 4" borrow PL - 1 $ 21.00 SY 2" AC, loS" top course & 2.5~ base cou PL-2 $ 28.00 SY 4" select borrow PL-3 $ 4.55 SY 1.5" too course rock & 2.5" base course PL-4 $ 11.41 SY UTILITY POLES & STREET LIGHTING Utility Pole(s) Relocation I UP-l I Lump Sum I Street Licht Poles w/Luminaires I UP-21 I Each I WRITE-IN-ITEMS Such as detentionlwater QUl'llitv vautts. N2. SlonnTech Detention Facility WI -1 $ 5.50 CF Sewer Main 8" -PVC WI -2 $ 36.00 LF Sidewalk Closed Sign WI -3 $ 85.00 Each Old castle PerkFilter WI -4 $10,000.00 Each WI -5 WI -6 WI -7 WI -8 WI -9 Vvl-10 SUBTOTAL SUBTOTAL (SUM ALL PAGES): 30°/. CONTINGENCY & MOBILIZATION: Page 8 of9 ·KCC 27 A authorizes only one bond redudion. Appendix D-BondQuanUtiesSpreadsheet.xls GRANOTOTAL: COLUMN: Existing Future Public Privata Bond Reductlon* Right-of-way Right of Way Improvements & Drainage Facilities Quant. Quant. I Price Quant. I Cost Quant. I Cost Comolet Cost Utility pole relocation costs must be accompanied b'ranchise Utility's Cost Statement I ~ _L ~ I I ~ I 5,176.05 1,552.82 6,728.87 B C ~ I 7210 365 2 1 ~ ~ 39,655.00 13,140.00 170.00 10,000.00 62,965.00 129,377.36 38,813.21 168,190.57 0 E Unit prices updated: 02/12/02 Version: 11126108 Report Date: 9/23/2015 • • Site Improvement Bond Quantity Worksheet Web date: 1210212008 Original bond computations prepared by: Name: Robert Kehrli, PE Oat.: 09/23/15 PE Registration Number: 48089 Tel. #: 206-898-4269 Finn Name: Green Lake Engineering, LLC Address: 6045 4th Ave. NE, Seattle WA 98115 Project No: 815002755 ROAD IMPROVEMENTS & DRAINAGE FACILITIES FINANCIAL GUARANTEE REQUIREMENTS Stabilization/Erosion Sediment Control (ESC) Existing Right-aI-Way Improvements Future Public Right 01 Way & Drainage Facilities Private Improvements Calculated Quantity Completed Total Right-ol Way and/or Site Restoration Bond'/" (First $7,500 of bond-shall be cash. Performance Bond' Amount (A+B+C+D) = TOTAL Reduced Performance Bond' Total ••• MaintenancelDelect Bond' Total NAME OF PERSON PREPARING BOND' REDUCTION: (A) (B) (C) (D) (A+B) (T) PERFORMANCE BOND' AMOUNT $ 4,410.9 J 6,728.9 $ $ 168,190.6 $ 11,139.8 $ 179,330.3 Minimum bond' amount IS $2000 Robert Kehrli, PE BOND' AMOUNT REQUIRED AT RECORDING OR TEMPORARY OCCUPANCY'" (E) $ ITxo.30 $ 53,799.1 (T-E) $ 179,330.3 Use larger of Tx30% or (T -E .. NOTE: The word "bond n as used in this document means a financial guarantee acceptable to King County. ** NOTE: KeC 27 A authorizes right of way and site restoration bonds to be combined when both are required. PUBLIC ROAD & DRAINAGE MAINTENANCE/DEFECT BOND' OR (B+C) x 0.25 = $ 1,682.2 Date: 09/23/15 The restoration requirement shall include the total cost for all TESC as a minimum, not a maximum. In addition, corrective work, both on-and off-site needs to be included. Quantities shall reflect worse case scenarios not just minimum requirements. For example, if a salmonid stream may be damaged, some estimated costs for restoration needs to be reflected in this amount. The 30% contingency and mobilization costs are computed in this quantity. -.. NOTE: Per KeC 27A, total bond amounts remaining after reduction shall not be less than 30% of the original amoun(T) or as revised by major design changes. I I REQUIRED BOND' AMOUNTS ARE SUBJECT TO REVIEW AND MODIFICATION BY DOES Page 9 019 Appendix D-BondQuantitiesSpreadsheet.xls Check out the DDES Web site at www.kingcounty.qov/permits Unit prices updated: 02/12/02 Version: 11/26/08 Report Date: 912312015 • • • GREEN LAKE ENGINEERING, LLC 6045 4th Avenue NE, Seattle, WA 98115 206-525-5332 • APPENDIXE • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF RENTON lOSS SOUTH GRADY WAY RENTON, WA 98057 DECLARA TION OF COVENANT • FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: _____________ _ Grantee: City of Renton Legal Description: __________________________ _ Additional Legal(s) on: ________________________ _ Assessor's Tax Parcel ID#: _______________________ _ IN CONSIDERA nON of the approved City of Renton(check one ofthe following) D residential building permit, D commercial building permit, D clearing and grading permit, D subdivision permit, or D short subdivision permit for Application File No. LUA/SWP ________ relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby • • covenants(covenant) with City or Renton, a political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs I through 8 below with regard to the Property. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: I. Grantor(s) or hislher(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stonnwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City or Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Renton within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer's report to the City of Renton. If the report is not provided in a timely manner as specified above, the City of Renton may inspect the BMPs without further notice. 4. If the City detennines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, The City shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required under RMC 4-6-030. The City shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has • • passed, the Owners shall allow the City access to re-inspect the BMPs unless an engineer's report has been provided verifying completion ofthe Work. If the work is not completed properly within the time frame set by the City, the City may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of RMC 4-6-030 and may subject the. Owners to enforcement under the RMC 1-3, including fines and penalties. 5. Apart from perfonning routine landscape maintenance, the Owners are hereby required to obtain written approval from the City or Renton before perfonning any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisio,!s of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confinnation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s). and Grantor's(s') successors in interest and assigns. 8. This Declaration of Covenant may be tenninated by execution of a written agreement by the Owners and the City of Renton that is recorded by King County in its real property records. • • IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this __ day of _________ , 20 __ , GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss, On this day personally appeared before me: _,--,--___ :-;-_-:-::-:-_-;-:,------,,----:-__ " to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated, Given under my hand and official seal this __ day of _________ , 20 __ Printed name Notary Public in and for the State of Washington, residing at My appointment expires _________ _ • • DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNION AVENUE LOT LINE ADJUSTMENT RENTON, WASHINGTON • • TABLE OF CONTENTS Page DESCRIPTION OF THE LAND 1 ARTICLE 1 INTERPRETATION 1.1 Liberal Construction I 1.2 Covenant Running with Land I 1.3 Declarant is Original Owner 2 1.4 Captions 2 1.5 Definitions 2 1.6 Percentage of Mortgagees 3 I. 7 Percentage of Owners 3 ARTICLE 2 OWNERSHIP OF COMMON FACILITIES 2.1 Ownership of Common Facilities 4 2.2 Association Failure To Maintain Common Facilities 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment 4 3.2 Delegation of Use 5 ARTICLE 4 OWNERS ASSOCIATION 4.1 Establishment 5 4.2 Form of Association 5 4.3 Membership 5 4.4 Voting 6 4.5 Bylaws of Association 6 ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development 6 5.2 Management by Declarant 6 5.3 Management by Elected Board of Directors 7 5.4 Authority and Duties ofthe Board 7 ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF OWNERS 6.1 Catch Basin 9 6.2 &=~ 9 6.3 Common Drives 9 6.4 Storm Runoff 9 6.5 Storm Detention Operations and Maintenance 9 ARTICLE 7 COMMON EXPENSES AND ASSESSMENTS 7.1 Creation of the Lien & Personal Obligation of Assessments 10 7.2 Uniform Rate 10 • • 7.3 Initial Assessment Amount 7.4 Limitation on Annual Assessment Amount 7.5 Manner and Time ofPa~ment 7.6 Accounts 7.7 Lien 7.8 Waiver of Homestead 7.9 Continuing Liability for Assessments 7.1 Records, Financial Statements 7.11 Certificate of Assessment 7.12 Foreclosure of Assessment Lien, Attorneys' Fees & Costs 7.13 Curing of Default 7.14 Omission of Assessment 7.15 Assessment Deposit 7.16 Exempt Property 7.17 Effect of Legal Proceedings ARTICLE 8 COMPLIANCE WITH DECLARATION 8.1 Enforcement 8.2 No Waiver of Strict Performance 8.3 Right of Entry 8.4 Remedies Cumulative ARTICLE 9 LIMITATION OF LIABILITY 9.1 No Personal Liability 9.2 Indemnification of Board Members ARTICLE IO MORTGAGEE PRO..=T.=E:..=C:...::T-=-IO.::..:...:N _______ _ 10 11 11 11 II 12 12 12 12 12 13 13 13 14 14 14 15 15 15 15 15 10.1 Priority of Mortgagee 16 10.2 Effect of Declaration Amendments 16 10.3 Right of Lien Holder 16 10.4 Change in Manner of Architectural Review & Maintenance Within Project 17 10.5 Copies of Notices 17 10.6 Furnishing of Documents 17 ARTICLES 11 EASEMENTS 11.1 Association Functions 17 11.2 Easements Over Common Areas 1 7 11.3 Access to Public Streets 17 11.4 Utility Easements 17 ARTICLE 12 TERM OF DECLARATION 12.1 Duration of Covenants 18 12.2 Abandonment of Subdivision Status 18 11 • • ARTICLE 13 AMENDMENT OF DECLARATION, PLAT MAP 13.1 Declaration Amendment 18 13.2 Amendments to Conform to Construction 19 13.3 Amendments to Conform to Lending Institution Guidelines 19 13.4 Article 16 Amendments 19 ARTICLE 14 INSURANCE 14.1 Insurance 19 ARTICLE 15 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 15.1 Annexation and Withdrawal by Declarant 20 15.2 Non-Declarant Annexations 20 15.3 Common Areas Within Additional Lands 20 ARTICLE 16 MISCELLANEOUS 16.1 Notices 20 16.2 Conveyances, Notice Required 21 16.3 Successor and Assigns 21 16.4 Joint and Several Liability 21 16.5 Mortgagee's Acceptance 21 16.6 Severability 22 16.7 Effective Date -:---:::-:-______________ 22 16.8 Government Right of Access 22 EXHIBIT A LEGAL DESCRIPTION _____ 24 11 • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNION AVENUE LOT LINE ADJUSTMENT RENTON, WASHINGTON THIS DECLARATION is made this DAY OF ______ 2016, by the undersigned TUSCANY CONSTRUCTION, LLC DESCRIPTION OF THE LAND A. TUSCANY CONSTRUCTION, LLC owns certain real property located within the State of Washington, which property and improvements are commonly known as the UNION AVENUE LOT LINE ADJUSTMENT, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Project"). All Common Areas of the Project are shown on the Boundary Line Adjustment Maps recorded in conjunction with this Declaration. NOW, THEREFORE, TUSCANY CONSTRUCTION, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a 'set of covenants running with the land, or equitable servitudes, binding on TUSCANY CONSTRUCTION, LLC, their respective successors, heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. TUSCANY CONSTRUCTION, LLC is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof 1 • • except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.2 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.4 "Common Areas" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a government entity) all Common Areas described on the Boundary Line Adjustment Map; Project entry sign(s) and landscaping, planter islands and planted medians on roads or cul-de-sacs, access easements across Lot 2, the private drainage easements on Lot 2 and Parcel 042305-9128 and mailbox stands serving more then one Lot. 1.5.5 "Declarant" shall mean TUSCANY CONSTRUCTION, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.6 "Declaration" shall mean this declaration and any amendments thereto. 1.5.7 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 1.5.8 "Lot" shall mean and refer to any plot of land shown upon any recorded Boundary Line Adjustment Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as tenants in common, nor included any land shown on a Boundary Line Adjustment Map but dedicated to the public or to a government entity. 1.5.9 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 2 • • I.S.IO "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed oftrust and shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale ofa Lot. I.S.II "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. I.S.12 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. I.S.13 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association. I.S.14 "Map" shall mean any Boundary Line Adjustment Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Maps depict the layout of the Lots on the Project. I.S.IS "Plat" shall mean and refer to the boundary line adjustment map of UNION AVENUE LLA as recorded in Book __ of Surveys, Pages _ through--, Records; of King County, State of Washington, under Recording No. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. ARTICLE 2 OWNERSHIP OF COMMON FACILITIES 2.1 Ownership of Common Facilities. All Common Facilities (pavement, drainage structures, including but not limited to pipes, catch basins, water quality, detention and control facilities) shall be owned by the Association. The Common 3 • • Facilities shall exclude those portions of facilities and utilities which have been or may hereafter be, dedicated to and owned by the public or a governmental entity or private utility company. The Common Facilities shall for all purposes be under the control, management and administration of the Declarant until all Class B membership (as defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Facilities in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. 2.2 Association Failure to Maintain Common Facilities. In the event the Association fails to meet its maintenance responsibilities for the Common Facilities, each Lot owner will have an equal and undivided responsibility for such maintenance and is jointly liable for the failure to do so. ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment. Every Owner shall have anon-exclusive right, in common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area. 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment . against such Owner's Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non- payment of an assessment, upon the request of the Declarant. 3.1.4 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. 3.1.5 The right of the Association to limit the number of guests of members. 4 • • 3.1.6 The right ofthe Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 10.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to the public. 3.1.8 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment of the Common Area and facilities to the members of his/her family, or his/her tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to his/her temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called UNION AVENUE LLA HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration shall prevail. 4.3 Membership. 4.3.1 Oualification. Each Owner ofa Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall 5 • • be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. 4.4 Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to (10) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against the combined number. If Declarant elects to annex Additional Lands pursuant to Section 15.1, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of anyone Lot shall be (1) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLES MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration ofthe Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long ~s Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions ofthe Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not be bound directly or indirectly to any contracts or leases without the right of termination exercisable without cause and without penalty at any time after transfer of control to the 6 • • Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract. 5.3 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer ofthe Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authoritv and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the operation, maintenance, repair, improvement and replacement of those portions of the Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. 5.4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Area. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Area casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 15. 5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of painting, maintenance, repair of all landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, 7 • • attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulation and the provisions of this Declaration. The foregoing shall include the cost of maintaining, repairing and replacing mailbox stands that serve more then one (I) Lot, and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining and landscaping of rights of way, traffic islands and medians, or other similar areas which are not part of the Lots or Common Area but which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, Landscanin!!, etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and interior fences, and landscaping and improvements on easements, if any, which are located on or across Lots including the common landscape area within the storm drainage easement adjacent to Lot 2 provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control ofthe Project. 5.4.9 Contracting and Payment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as hislher attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Areas, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 8 • • 5.4.12 Adoption of Rules and Regulation: Fines. When and to the extent deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE 6 USE AND MAINTENACE OBLIGATION OF OWNERS 6.1 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15 th of each calendar year. 6.2 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Boundary Line Adjustment Map and as described in Article 11. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise provided in Section 11.4, any easement or portion thereof located on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 6.3 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon of therein except by express written consent of the Board. 6.4 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 6.5 Access Road and Stormwater Operations and Maintenance. It is the responsibility of the Association to maintain the access road including the road 9 • • stormwater collection and full dispersion system, until such time that those improvements are deeded or sold to a government agency, which will assume maintenance and responsibility of such improvements. These covenants may not be amended to eliminate the requirements to maintain the common area, including storm water facilities, private roadways and other common areas, or permitting conveyance of those features to a third party without the written permission of the City of Renton. ARITCLE7 COMMON EXPENSES AND ASSESSMENTS 7.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a' continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to the title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable for installments that become due on and after said date. 7.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for cost incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 7.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time ofhislher purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of$150.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 7 and shall be for the purpose of reimbursing the Declarant andlor Association for maintenance and operating expenses of and for the Common Areas during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liable for any initial assessments assessed or due so long as Declarant owns any Lot. 10 • • 7.4 Limitation on Annual Assessment Amount. 7.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more then $250.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 7.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 7.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 7.4.1 shall not be increased by more than fifteen percent (15%) without the approval of a majority of the Lot Owners voting at a meeting duly called for such purpose. 7.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 7.4.1 and 7.4.2 shall require the calling ofa meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting ofthe levy of such assessment by a majority ofthe Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 7.5 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent (15%), and the Board may also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days. 7.6 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 7.7 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or II 1 • • charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 10.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 7.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 7.9 Continuing Liabilitv for Assessments. No Owner may exempt himselflherselffrom liability for hislher Assessments by abandonment ofhislher Lot. 7.10 Records. Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number ofthe Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 7.11 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien ofhislher encumbrance. 7.12 Foreclosure of Assessment Lien. Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association 12 • • shaH include a reasonable sum for attorneys' fees and aH costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 7.13 Curing of Default. The Board shaH prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable foHowing the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with aH costs, late charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim oflien shaH be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shaH include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 7.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 7.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (l) annual assessment, plus either one (l) special assessment if special assessments are payable on an annual basis, or three (3) special assessment instaHments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (lO) days or more delinquent in paying hislher assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. AH or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 13 • • 7.16 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 7.16.1 All properties dedicated to and accepted by a governmental entity, 7.16.2 All Common Areas, and 7.16.3 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 7.16.1, 7.16.2 and 7.16.3 and which are devoted to dwelling use, shall not be exempted from said assessments. 7.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 8.1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project (0 be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLES COMPLIANCE WITH DECLARATION 8.1 Enforcement. 8. I. I Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on his/her own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration. 8.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles ofIncorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under (he lease. 8.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such 14 • • legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 8.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 8.3 Right of Entrv. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the' provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 8.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 9 LIMITATION OF LIABILITY 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 9.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by 15 • • the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of hislher duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer ofthe Association with respect to any duties or obligation assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 10 MORTGAGEE PROTECTION 10.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 10.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 10.3 Rights of Lien Holder. A breach of any ofthe provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 16 r---------------------------------------------------------------------------------------------- • • 10.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and seventy-five percent (75%) of all Owners (other than Declarant) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 10.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration. 10.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 11 EASEMENTS 11.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 11.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable govemrnentallaws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project. 11.3 Access to Public Streets. Each Owner and hislher guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 11.4 Utility Easements. On each Lot, easements are reserved as provided by the Boundary Line Adjustment Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. 17 • • ARTICLE 12 TERM OF DECLARATION 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a tenn of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years each, unless an instrument executed in accordance with Section 13.1 below shall be recorded, abandoning or tenninating this Declaration. 12.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or tenninate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 13 AMENDMENT OF DECLARATION 13.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five (75%) of all the Owners and seventy- five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Areas, insurance or bonds; use of Common Areas, responsibility for maintenance or repairs, expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Lots into common Areas or vice versa; dedicating or transferring all or any part of the Common Area to any public agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the interests.in Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a written request to approve an amendment shall be deemed to have approved the request. In all events, the amendment when adopted shall bear the signature ofthe president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate 18 ~-------------------------------------~~--~~ • • governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. Notwithstanding the foregoing, this declaration may not be amended to eliminate the requirement to own and maintain the Common Facilities as described in Article 2, as required by approval of this subdivision, without the prior approval of the City of Renton. 13.2 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 13.3 Article 15 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration as are necessary in the exercise of Declarant's powers under Article 15. Annexations provided for in Article 15 shall be approved and recorded as an amendment to this Declaration as provided in this Article 13. ARTICLE 14 INSURANCE 14.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Area (and Common Area improvements), if any, including cominon personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or placement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. 19 • • ARTICLE 15 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 15.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality, or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. 15.2 Non-Declarant Annexation. Annexation of Additional Lands other than Declarant annexations provided for in Section 13.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 12.1 15.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project. ARTICLE 16 MISCELLANEOUS 16.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or ifno such address is filed, then to the address of the Owner's Lot. 20 -----_._------------------------------------------ • • (b) Ifto Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 16.2 Conveyance, Notice Required. The right of an Owner to sell, transfer, or otherwise convey hislher Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot being sold; the name and address ofthe purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notice the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 16.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 16.4 Joint and Several Liabilitv. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 16.5 Mortgagee's Acceptance. 16.5.1 Priority of Mort!!:a!!:e. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 16.5.2 IAcceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this Declaration shall have accepted the provisions ofthis Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 21 • • 16.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 16.7 Effective Date. The Declaration shall take effect upon recording. 16.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 22 • • IN WITNESS WEREOF TUSCANY CONSTRUCTION, LLC have executed this Declaration the day and year first hereinabove written TUSCANY CONSTRUCTION, LLC a Washington limited liability company By: STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the --::_--::----:----:-:----:_-:----::-:-is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the MANAGER of TUSCANY CONSTRUCTION, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED _____ , 2016 Print Name: _______ _ NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: _____ _ 23 • • EXHIBIT A Legal Description of the Project Real property in the County of King, State of Washington, described as follows: PARCEL A: BEGINNING 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OFTHE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , THENCE NORTH 88°19'21" WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 305 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTH 88°19'21" WEST, 95 FEET; THENCE NORTH 01°56'19" EAST, PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 196 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHEAST 1/4, THENCE SOUTH 88°19'21" EAST 95 FEET, THENCE SOUTH 01°56'19" WEST 196 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. LOT X: LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES 32 THROUGH 35 IN KING COUNTY, WASHINGTON. 24 ------------------------------------------------------------------------------- RECEIPT EG00048008 • BILLING CONTACT TUSCANY CONSTRUCTION LLC PO BOX 6127 BELLEVUE, WA 98008 REFERENCE NUMBER FEE NAME LUA 16-000025 PLAN -Lot Line Adjustment Technology Fee Printed On: January 14,2016 Prepared By: Jill OinQ • --- ----.,..".",.--Ren ton e 1055 S Grady Way, Renton, WA 98057 Transaction Date: January 14, 2016 TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD Fee Payment Check #1030 $450.00 Fee Payment Check #1030 $13.50 SUB TOTAL $463.50 TOTAL $463.50 Page 1 of 1