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UNE SE, I/4, SE 1/- SEC- 3-29-5 ' j N ro u ggti o A. g vm � i$ s rag o w, n Z ogzN y � m o� m •�,ti ag i _ � s� ggti w, n Z ogzN y � z _I ogF � s� A ZL GN d lJ � a 1,7 A„4 l v ` u { i, 1P` 1 z o L7 !Y - - -... REVISIONS pNW HO k.LCY�VAL�Y•Vfi �; s 1 S.H.,S NqV� G4 IML JIN HVED 2 2016 RENTON DWISION H co z G + I � J J trZL6-9W5L:n -ON-9:?Jid �J1 P 1 � eszs sa=zso ' a 'oN 170avd �,DHVd REC CITY OF d�z 71(k, v ` u { i, 1P` 1 z o L7 !Y - - -... REVISIONS pNW HO k.LCY�VAL�Y•Vfi �; s 1 S.H.,S NqV� G4 IML JIN HVED 2 2016 RENTON DWISION 1-�- `11 () 2. �Mlb CITY 0F RWNTOW I all NJ I w ills jo all 1-�- `11 () 2. �Mlb CITY 0F RWNTOW I all NJ I w ills MAERTINS RANCH M�CO A VU N� -.7 40=00r, Ills it I ingli gj; 1 PHO 11 U-1 HI &H Is Q it, Q1 10 ; 4 P 11 1 m inn; w Of SQ gj g OKI Sub S Q H! ISO WU I mossese 0 so ME% has IS alai THT'' 1191111W I 11H Q; wyj 7Q le �,, E -h rq ag '10 god ISH K m 1 0 f j j cl) 1) c) ^j 7 1 MAERTINS RANCH M�CO A VU N� -.7 40=00r, Ills it I ingli gj; 1 PHO 11 U-1 HI &H Is Q it, Q1 10 ; 4 P 11 1 m inn; w Of SQ gj g OKI Sub S Q H! ISO WU I mossese 0 so ME% has IS alai THT'' 1191111W I 11H Q; wyj 7Q le �,, E -h rq 0 ". 1-1 kAAFRTINS RANCH MPH W HIN 4; 1WIMIM! lei I 1 Him N lows NO qr qu low 5r My !Xpl- W- �g :01 "0" Nil Sul 14251 im I =0 A NO E PQ :1 h ON Ij A Q .. IN UP .H h3jUq 11 goun �41 fl�' �N- MI. PPIR an too a i Invoy 6 21 §; ;I g 11101 J§ 1; BINH 4i pal 414 11TH, 49NEP �40 H lug IN q�'P� 10 xxx_xxxx �ju N 2 L z� 0 qr qu low 5r My !Xpl- W- �g :01 "0" Nil Sul 14251 im I =0 A NO E PQ :1 h ON Ij A Q .. IN UP .H h3jUq 11 goun �41 fl�' �N- MI. PPIR an too a i Invoy 6 21 §; ;I g 11101 J§ 1; BINH 4i pal 414 11TH, 49NEP �40 H lug IN q�'P� 10 xxx_xxxx 2, )S:� rn.c. Ell �ju N Lid 2, )S:� rn.c. Ell 0 27 b'�r \ 40175`12 —E \�, "j 29 M' L. LIN' A ix. SE 1/4 �F 1/4 5F, JERICHO FL NE 7 T 7C 70.DD' L HNr 1/4 SEC �2�-5 HOE w 0 . �7 g 6 41 @ g tl >7 - b'�r \ 40175`12 —E \�, "j 29 M' L. LIN' A ix. SE 1/4 �F 1/4 5F, JERICHO FL NE 7 T 7C 70.DD' L HNr 1/4 SEC �2�-5 LA Ln 00 uj m 'Du (11 rrI m m m —i -P. c) C) 0 . �7 g 6 g tl >7 - '7 LA Ln 00 uj m 'Du (11 rrI m m m —i -P. c) C) 0 . �7 g tl >7 - LA Ln 00 uj m 'Du (11 rrI m m m —i -P. c) C) �4 RECEIVED FEB 0 2 2016 CITY OF MENTON PLANNING DiViSIVA 10VId 4aODN00 41 gy F IZ UNE SE 'A V SU AS 7 Z 01. LINE W. IM' �r , �, Lid L� E JERICH 0 PL NE 4nq ;T 42 73� -P Cie 7a OMC' 70 OWO B'V-SF 70 W, C '77.5y - L LrmE sr. s[ mc �5 ,:2 A., q3 M� ®r - L ------------ ............. ZR co 2 sc s� . . . ....... - - ------ z mj z 11 (P 0 a, co C) CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 11, 2016 To: City Clerk's Office From: Jenny Cisneros Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Concord Place Final Plat LUA (file) Number: LUA-16-000071, FP Cross -References: AICAs: Project Manager: Jan Illian Acceptance Date: February 2, 2016 Applicant: Albacore ACH, LLC Owner: Llora Maeritins Contact: Justin Lagers, PNW Holdings PID Number: ERC Determination: Date: Appeal Period Ends: Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: March 29, 2016 Appeal Period Ends: Aril 12 2016 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Location: 1508 - Ilwaco Avenue NE Comments: ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. Concord Place Plat LUA 16-000071 Recording Number 20160415000460 Major Number 173530 Retired Parcel 0323059021 Demo'd residence 1508 Ilwaco Ave NE PID PSTLADDRESS PSTLCITY PSTLSTATE PSTLZIPS PSTLZiP4 PLATLOT 1735300010 1531 Jericho PI NE Renton WA 98059 4210 1 17353000201525 Jericho PlNE Renton WA 98059 4210 2 17353000301519 Jericho PlNE Renton WA 98059 4210 3 1735300040 1513 Jericho PI NE Renton WA 98059 4210 4 1735300050 1402 Jericho PI NE Renton WA 98059 4210 5 1735300060 1408 Jericho PI NE Renton WA 98059 4210 6 1735300070 1414 Jericho PI NE Renton WA 98059 4210 7 1735300080 1S06Jericho PI NE Renton WA 98059 4210 8 1735300090 1512 Jericho PI NE Renton WA 98059 4210 9 1735300100 1518 Jericho PI NE Renton WA 98059 4210 10 1735300110 1524 Jericho PI NE Renton WA 98059 4210 11 1735300120 1530 Jericho PI NE Renton WA 98059 4210 12 1735300130 1536 Jericho PI NE Renton WA 98059 4210 13 LU Al b --W671 .rtio:6-c_zo EAEE'MENT: NOTES af C If.�er ax.ttK afc.wn rva C= rr•, r .. in As C f0 i TP -:K 1E 11.xRh- S .i _ ri cf uCrrrv: 91... x.u[ ]K a:'rT 'C EnrC4 nq cp:..'L-ra.,x { !.t•'ur.TS %+c.v ; - .ars r ¢,xux.� F•ct�nEs « T.f E.c�r +f a..calst - nCr.- �f 41•uEr`•'Ct' x ' _.u>.EL- �s ~EaEo. 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A. - 1% .1 11 M A1 pry ECC.u+� ry 4 u�x=.r vrE xE'>rv'.LBtsyscc'A CONCORD PLACE A FOR",CM1. Or THE SE I OF -JAL SE 3. TOWN$`i 2` NGRIii. R4NLL = Ea_ r `NU RE`! -±_N. E'raG L�L''+. Y, YlASINCTGhI Iir.11-]1- w.[T. „�pq•T�f . Ee'nt5[s b x['�[ N.t oxElwa F:r7L SF`RINKLO REGUIREML14T . �rfmaTrtEcrEo au l.ol .po.a •re E+Ea xC +i.rE ws-aracc vm Ax uwc.E] r.r. x:Rin s•sxx NOTESAND RES TR CTIONS CITY OF RENTON DRAINAGE EASEMENT COVENANT w.rT uuwE.rs w rx:s n. a: vtdx. .s qa N o%c,c :: er ni or^�a 2r1:Tox.�ti�Lx rr.l r-" soxagtF .C:Y55 1.�]f Sa nC EEM!5;. 'C ExrE? SaE Cpun.L. Ea%Xrn!!tx 1, .� k.rf r•cxrr`s� �S '>"EPt'p. xprt-M�Ixf.Ksi r:}+Pf. �i �C:�at urrvF eCEC�t�o-xurn ,xry L ExrnF xF.F[a l2tnrF Rci CLrax .cRifrkx�i55Jds vrrrCv'1r. 'MC �xCaS y.aA s—IT wo � � .n uc - r - d. w+wowas Ear c EE.e --s s - . PUULIC URAINAG% EASESIEN ( dtSTRIOT:ON E ` x. Jal4 xa. i 'mE ter: `sx.`ra�-, PP- f+T� [.reRlsr aee[. To rr. a.mx P oe �J:.s sor;v M.�„cco'. x x:•EMe.a c=i �a I.L. .Nox Eas . xey=x• u n s•- � .as r�Ts - - - PEar vow oi`E.N swsuy�".cn mE x .xux.t.c .a xE ' _ Jrn'r..1 I r ka»eti .+Pu`q xr ow,m rr • fPuxat,E E•uuExT P✓:° :u :a.Ct 'S xW_ir rA — 11 IR i..0 C x rrr-:E .RuxI..F IA..x TISTnK •i .if] .1 .1 TlR C•Et.Cxl v- 3-l..[E� vT�a 4 of l �E hl(a' .r..ns,.rC .]f fR•xrEr f L l+ ^x s �r . r�s'u[k r. lYx.asn• _osrsE' Wl ..a xRCx':.v:x..a.'rtr - , aE •adsA. Fs A socn Ta xry sin aup.c 5' k F�C i ES xf nxS.Y "vCr P%J4 tx nip a • r W F r, r. Vr F- d -rcA .d rst n 4 .. M .n'-Cn'x! 1 .-•.[ £u5 ->•c rxa+[�Se a are 'irt t .. ... rESm. r...rt rti� is t r +. x =,irtaxyn a r.-( ..E.wr,Try. E is GkPxv`I -wds -f5 5 CS�_Mr.0 E£�na.[[:..e stews c�.rrpyr eCa> . rn rR :r» -rug :• p.,r.l-a w.r ry 4E1 'a aE..r.:lx.: :t ,a.v.r .trx' vau�r 3EukPYISCaoQlencF ,l awC . srk:'_: 'MEs . ar me r•:.y [ Pr�r K n.r veya e= cxx[ -rTll,c L,V_n,btE m 1v 71,w >•u 9C `xux ryur. paraOxx HE .s rlk r .M Mx[F Tn —F s iJ AIFc - 'Pal: rw;[ 5L.,rCY.& Nrti,Exs', 4711, xSM rzp 1 -T fl rxC'x alWx4 W'Cm;frr.,'crlY: »rµt .r� u 9[cWxfs n s w u•c t'.s -111 3 T f .•. f .1.1 Lx its 1.... i al 1rCM P -1-W CUNIRDL HNP NOIE5 „aeLwrviV ..vv� r.C�r�yi vk,r BEudr'a6 qo ;auRe3ru[.q��CT�4'_Yrv; k c_Mn'; * ;tr CH��/uEA 'saSLsc;pva rrJfls' A��R!#au9f�)T 194195 nnw Jrsrw+➢-rsr O.R. SMONC CYWSULYINC ENSINEERS PROJECT Na. MC] Ti' LU Alt —COCG71 1.1 ro ai? F SURVEYOR'S NCYE5 - uN ,.s NFY c ILTn rA .uEr[Fu: _ ��;TnghEx.�rGwFEu�s x .°u�CN.;�i:rc h rt.. nrt vfs.0 Para . s u sin oP. vc m E aKcas� - 4xuo ra `. ocii:wy slaxrnE- rc� �.•x.�'><..,u cce., ausro-,Nc srsr�x w .. rn K'%r+ Sr.^'n t9 -t'.. R9L512[F RNK R.. 9Mr,w'.x +li n'.,X9xXs' '' clwsrL, ilix[o X nr=, v d(i c x x s Ti -1E 9F TRICIn. 045 rs r ..�a;lY�.ara a ns YfY52 L Ru. x a .,Mat, "SD 3 xsx,4CN ,o�cFl 01- r.mw ss x o.el oK..xFxl �.*sM�rGXS PF— we0x4uEX: f.S�iC"...-iv,rK'.. a rsa,.uEv - Rs nsRosrn sY tis1M,uE'.' u-t'.1[f� �'nL!? .EE�xv'xs �xE?Ymv�Jw�x; silly sla.l.c- m ,H nMe •.>'s �.zxalx =Pr::.�-�s .w.+rn a:v+�v r.-M.�c xin-.xl.am�usx�re H'[w5[ouE,a, • e zucr,: .x..,rne!'cnicirt°:cu'aETn�xr �xeeiv'u.u`yarY.°:oo�lsi5 ys<a. f.,a cvarsxc r,xeix r w x ti CONCORD PLACE A FCR:Lt CF .FE SE_ 1/4 C -,'.E Sc 1,14 f SECI ;;M1 S fC'N`�51-J'r' �! NOF] - 1, RACK^F 6 =E,c T. W.h1., -1-Y T:.'V, <i (,, C. 1, WA 5HI VG TO I,' RE EFE_V' � M1 HAsr Xc a ante. Yr -Y- a:xx ra '� Kn. c '.r Y. •,+ r✓f �.t K.ts�nrzs ee3 n� �. _. o,c �...r-, u[W t xrhur' usu�r xx�+c�.w�-t w ��aV 44 N Q i�T h-1 GPA,,^HiC "a Ali DA515 OF BCARINC;S = s: unc4 ,u rr xa+�rw-n cn_t g�; ljir� 1i>3 re�T 'sa'., ,rrr r � �li3.sx�� xp�.y Yf .v a Ali II N. !n _ Y 0 � of1 11H a—� . ,a EhC VEEFS TIAnhLFS S xP Oi25�l.Y.aS F� �� O.R. STRONG ..x uncap -ten - ccKsULRNG ENGINEERS PROJECT NC. 1410j 'LL'A16—O0007t Ul"iC G�27 CONCORD PLACE A PnRTION OF !HL SC 1/1 C `Ht'1!4 SEC.Tl DN ' TO'A'NSHII 25 NCR70. RANLE ^EAS 0.m 01T' Or PLNTON. Koc ,Ir, wesrcic GN NF 16TH ST� -- fVOFZTH 1 ... s / x u r BASS IF SEAR, rvGS 'i S z - iz � f 1 � ,� MAC a ,�nwe. sr o I r• LECENO ie5 jc=5 F§ I i Y u ,s3 s S �� 3 li ♦III -qq y � iis.1s s�]!Jf p e crpn,e urn�wewi n• `9. � - tvv � �� wV l _ iil��!llfff 1- xea,. M rr v„ � ,.. n 4 s +,.r:o 'oPs �„•s' .rr �• e r ,,.ce 1 I „[els C lI +irf Y x.•rs- e SEE SHLLT 5 FCR CONIINUA-ICN — f 7 ,_: ------ -'-- ---- D.R. STRONG CCNSM TWG ENDALFERS PROXCT ND- 1410.3 - - B U, led e0OXY I RECORDIN� NC. Ivol /n LIJA16-00007+ CONCORD PLACE -'c 1'N-011' A -JPRhCN 0r THF 7F !/- OF THE =E 1/, SE'--lQN 10VPJS-IP 7; RAIirr ^ CAS-. IMIFr- cF SEF 7HFF7 4 FOR C3NTiNLjAVON 10 y jlfs C i7 BASIS OF BEAR NG T2 Fg, —7 U� - lix J 41 11 4 D.R.STRONG C ONWL ING iWrdAQrERS RROICT NO. 14103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Concord Place Final Plat } FINAL PLAT APPROVAL } LUA16-000071 } } } Summary The applicant has applied for final plat approval of the Concord Place subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. March 23, 2016 staff report. 2. Preliminary Plat Report and Exhibits (LUA14-001568). 3. Final Plat map 4. Vicinity Map. 5. Conditions of Compliance letter. FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Findings of Fact Procedural: 1. Applicant. Albacore ACH LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 13 lot subdivision, as depicted in Ex. 3. The subdivision received preliminary plat approval on March 2, 2015 by the City of Renton. The subdivision is located at 4905 SE 2nd Place. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application for Phase II is approved, subject to the following condition: 1. All plat improvements shall be either constructed or deferred with adequate security to the satisfaction of City staff prior to the recording of the final plat. Dated this 29th day of March, 2016. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PhrT �1, {il c 1 ti City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 DEPARTMENT OF COMMUNITYCIT o� - AentonOAND ECONOMIC DEVELOPMENT A. REPORT TO THE HEARING EXAMINER DATE: March 23, 2016 Project Name Concord Place Final Plat Owner: Albacore ACH, LLC Applicant: 9675 — 5E 36th Street Suite 105 Mercer Island, WA 98040 Contact: Justin Lagers, PNW Holdings, LLC., 9675 — SE 36th Street Suite 105 Mercer Island, WA 98040 File Number: LUA16-000071, FP Project Manager: Jan Illian Project Summary: A 13 -lot residential subdivision with 1 Tract on a 4.07 acre site, located within the (R-4) zoning classification. Preliminary Plat LUA14-001568. Project Location: 1508 — Ilwaco Avenue NE, Section 03, Township 23, Range 05 Site Area: 177,683 SF (4.07 acres) B. EXHIBITS: 11 Exhibit 1: Staff Report dated March 23, 2016 Exhibit 2: Preliminary Plat Report and Exhibits (LUA14-0001568) Exhibit 3: Final Plat Map Exhibit 4: Vicinity Map Exhibit 5: Conditions of Compliance Letter C. FINDINGS OF FACT (FOF): 1. The applicant, Albacore ACH LLC, filed a request for approval of a 13 - lot final plat. 2. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on January 5, 2015 for the subject proposal. 3. Representatives from various city departments are reviewing the application materials to identify compliance with all conditions of project approval. 4. The subject site is located at 1508 - Ilwaco Ave NE. The plat is located in Section 03 Twp.23 Rng.05. S. The subject site (177,683 square feet) is a 4.07 acre parcel. 6. The preliminary plat (LUA14 - 001568) received approval from the City of Renton on March 2, 2015; no appeals were filed. HEX Report Concord Place LUA 16-000071, FP City of Renton Deportment of Con pity & Economic Devefopment Nearing Examiner Recommendation Concord Place Final Plat aka Maertins Ranch LUA16-000071, FP March 23, 2016 Page 2 of 5 7. The property is located within the R-4 Zone and RLD Comp Plan designation. 8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan, 9. The applicant has complied with the following conditions imposed by the ERC on September 15, 2014: Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study report, prepared Earth Solutions NW, LLC. dated October 291h 2014. Staff Response: These recommendations will be complied with by the completion of construction of site improvements as provided for on the approved construction drawing_ 10. The applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's Decision dated October 31, 2014. The applicant shall comply with the mitigation measures issued as part of the Mitigated Determination of Non -Significance for the proposal. Staff Response: See staff response above. All proposed street names shall be approved by the City and all street name signs shall be installed prior to final plat approval. Staff Response: Street names have been provided. Street name signs have been installed. iii_ All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). Staff Response: All lot corners at the intersections of the dedicated public rights -of -ways have a minimum of 15 -foot radius. iv. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development_ Staff Response: As indicated on the approved construction plans (and as -built drawings), all side sewer lines have been installed 8 feet into each lot. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. Staff Response: This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. HEX Report Concord Place LUA 16-000071, FP City of Renton Department of Comr y & Economic Development earing Examiner Recommendation Concord Place Final Plat aka Maeruns Ranch LUA16-000071, FP March 23, 2016 Page 3 of 5 vi. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for Service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development_ Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. Staff Response: All dry utilities (cable, phone, gas, etc.) have been installed underground, stubbed to each lot, and all associated fees have been paid by the developer. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. Necessary easements have been produced on the final plat. vii. The applicant shall comply with the monument and survey requirements of RMC 4-7-210. Staff Response: Monuments will be installed and the final plat has been prepared according to the survey requirements. viii_ The applicant shall submit an arborist report demonstrating to the satisfaction of City staff that the proposed vault construction will not adversely affect trees on adjoining property. Staff Response: Four copies of the arborist report prepared by Greenforest Incorporated, dated November 12, 2014 have been submitted with the first submittal of the final plat. The applicant obtained a construction easement from the neighboring property owner. This was approved during the construction document phase of the project. ix. The applicant shall obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, detached garage and barn prior to Final Plat recording_ Staff Response. The required permit has been obtained and the existing structures demolished. Upon the extension and completion of the public road from NE 16th Street through to SR 900, the future owners of Lot 5 & 6 may relinquish the combined 3,562 square feet of the temporary cul-de- sac easement, pending installation of complete frontage improvements in the right-of-way and approval by the City of Renton. Prior to recording, the applicant shall include similar language on the face of the plat. Staff Response: The easement is shown on Sheet 5 and the following note 7 is provided on Sheet 2 under Easement Notes_ "The temporary turnaround easement shown on Lots 5, 6 and 7 has been granted and conveyed to The City of Renton, a political subdivision of The State of Washington, for temporary turnaround facilities. The Concord Place Homeowners Association is hereby responsible for the maintenance of said temporary turnaround facilities within said easement. This easement shall automatically terminate upon the extensions of the public right of way through the adjoining property. It shall be the responsibility of the developer extending said right of way to remove the improvements associated with the temporary turnaround and reconstruct the standard roadway cross section through these areas." HEX Report Concord Place LUA 16-000071, FP City of Renton Department of Com ity & Economic Development -leoring Examiner Recommendation Concord Place Final Plat aka Maertins Ranch LUA16-000071, FP March 23, 2016 Page 4 of 5 Xi. The applicant shall provide two (2) trees within the rear yards of Lots 4, 5, 10, 11, 12, and 13 and one (1) tree within the 10 -foot lot landscaping along street frontage of Lot 6. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. Stoff Response: The required trees are shown on the approved landscape plans and will be installed prior to and/or with building permit. xii. The cul-de-sac shall be constructed to public street standards, in and out of the dedicated public right-of-way. Staff Response: This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. xiik A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer_ Staff Response: Street lighting plans have been submitted and approved. xiv. The applicant shall create a Home Owners Association ("HOA") that maintains all landscaping improvements in Tract "A", all maintenance and repairs of the temporary access easement for the cul-de-sac turnaround and any and all other common improvements. A draft of the HOA documents shall be submitted to and approved by the City of Renton Project Manager and the City Attorney prior to Final Plat recording_ Such document shall be recorded concurrently with the Final Plat. Staff Response: The Concord Place Homeowners Association was established October 7, 2015. The required maintenance responsibilities are established on the final plat and the Covenants, Conditions and Restrictions have been submitted with the first submittal of the final plat. xv. Any proposal to convert the stormwater vault within Tract "A" to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7- 080M.2. Staff Response: Tract A has been developed and approved with a stormwater vault. xvi. The applicant shall be required to obtain a temporary construction easement for all work conducted outside of the applicant's property. The temporary construction easement shall be submitted to the City prior to any permits being issued or demonstrate that offsite trees can be saved during construction. Staff Response: All required offsite easements have been submitted and approved and permits issued. HEX Report Concord Place LUA 16-000071, FP City of Renton Department of Com) y & Economic Development earing Examiner Recommendation Concord Place Final Plat aka Mael gins Ranch LUA16-000071, FP March 23, 2016 Page 5 of 5 D. CONCLUSIONS: --71 1. The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 7. The subject site is located in the Residential - 4 DU/AC (R-4) zoning designation and complies with the zoning and development standards established with this designation, see FOF 7. 3. The Final Plat satisfies the conditions imposed by the preliminary plat process, see FOF 6. F. RECOMMENDATION: Staff recommends approval of the Concord Place Final Plat, File No. LUA16-000071, FP as depicted in Exhibit 3, subject to the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 23rd DAY OF MARCH, 2016 NNING DIVISION HEX Report Concord Place LUA 16-000071, FP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Maertins Ranch Preliminary Plat ) FINAL DECISION LUA 14-001565 } } SUMMARY The applicant requests preliminary plat approval for the subdivision of 4.09 acres into 13 single- family residentia] lots at 1508 11waco Ave NE. The preliminary plat is approved subject to conditions. TESTIMONY Clark Close, Renton associate planner, summarized the staff report. He noted there are no critical areas on site. Mr. Close noted that during construction staff will monitor whether any project construction would adversely affect tree roots of neighboring properties. Maher Joudi, on behalf of the applicant noted that the vault would be shored on the side of adjoining property to ensure that roots of neighboring properties would not be damaged. An arborist has already determined limits of disturbance for the neighboring roots as well. �'-laudia Donnelly, neighbor, testified she lives about a quarter mile from the project site. She questioned why best management practices referenced in the staff report for flow control aren't -equired as conditions of approval. She showed photographs of flooding on her property caused by Windstone development. She read excerpts from the May Creek Basin Plan that concluded that letention ponds were not effective in preventing flooding from new development. The Plan noted PRELIMINARY PLAT - 1 EXHIBIT 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 that stormwater from new development has adversely affected May Creek. She noted in the Tiffany Park hearings there was testimony that the removal of trees will remove 75% of the ability of the property to process stormwater. She noted that pervious pavement should be used to mitigate stormwater impacts and/or a level 3 vault and level 3 flow controls. She questioned why downstream analysis did not extend down to her property. She wanted to know why flow control measures aren't taken now. She noted that Windstone stormwater facilities have broken twice and flooded her property with yellow water. She noted she had no flooding problems prior to Windstone. Her husband has measured flood waters up to 18 inches deep. Steve Lee, Renton Development Engineering Manager, testified that the Green's Creek flooding depicted in Ex. 29 was part of a large flood event. Greens Creek has historically had periods of flooding in different parts of the river. Windstone was a King County project that started in King County and ended up in the City of Renton after annexation. Windstone stormwater design was initially subject to the 1990 manual and later stages were designed under the 1998 manual. The 1990 manual required smaller ponds. The 1998 manual required larger ponds. Under the current 2009 manual, the ponds are required to be even larger. Maher Joudi noted that 2009 manual requires adherence to the best management practices (bmp) referenced by Ms. Donnelly. The applicant is required to comply with those bmps during final engineering review whether they are required in the preliminary plat conditions of approval or not. The prior stormwater manuals used to govern Windstone didn't require the modeling of the rainfall patterns of the area. Current durational modeling requires assessments to be based upon a storm on top of a storm on top of a storm and to study the flow characteristics resulting from such events. The current manual now requires stormwater controls to mimic pre -development conditions, which was not required for Windstone. Ms. Connelly's flooding complaints were not addressed in the downstream analysis because the current manual only requires assessment of complaints less than ten years old. Ms. Connelly's complaints were more than ten years old. Unlike Windstone, the detention facility for the proposal is an underground vault where breaking is not near as likely as the open air facilities of Windstone. Matching pre -development stormwater conditions will reduce erosion on off-site properties. The retention capacity analysis done under the manual takes into account the loss of trees. It should also be noted that the project site is already heavily cleared and developed, so that downstream property owners will likely see a reduction stormwater flows since the manual requires the applicant to mimic fully treed (undeveloped) conditions. Mr. Joudi further noted that downstrearn Level 3 analysis is only required for recurring historical stormwater problems. If there have been no complaints in the past ten years, as here, Level 3 analysis would not be triggered. Mr. Lee clarified that bmps are not made conditions of subdivision review because they are required by the manual. The manual requirements are imposed during the utility construction permit stage of review. PRELIMINARY PLAT - 2 EXHIBITS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibits 1-20 identified at page 4-5 of the January 5, 2015 staff report were admitted into the record during the hearing. The following exhibits were also admitted during the hearing: Ex. 26: Claudia Donnelly letter. Ex. 27: Staff power point presentation. Ex. 28: GIS maps of project area (located on city website). Ex. 29: Claudia Donnelly photographs (seven 8x 1 I photographs) Ex. 30: Portions of Environmental Committee Report on application. Ex. 31: Pages 5-39 and 6-9 of May Creek Basin Plan Ex. 32: Claudia Donnelly testimony. FINDINGS OF FACT Procedural: 1. Ap lip cant. PNW Holdings, LLC 2. Hearing. A hearing on the preliminary plat application was held on February 10, 2015 in the City of Renton Council City Chambers, 3. PrEgkct Description. The applicant requests preliminary plat approval for the subdivision of 4.09 acres into 13 single-family residential lots and a drainage tract at 1508 Ilwaco Ave NE. The parcel would be divided into 13 residential lots and one storm drainage tract and would result in a net density of 4.32 dwelling units per net acre. The drainage tract measures 10,496 square feet (sf) and consists of a stormwater detention vault. The proposed lots would range in size from 8,050 sf to 10,985 sf with an average lot size of 9,274 sf. Access to the site would be from NE 16th St. The site currently contains one single-family residence, a detached garage, a barn, and associated gravel driveways. All existing structures are proposed for demolition. There are 159 significant trees on the site and 34 original trees are proposing to be retained. The applicant has submitted a Critical Area Report, Technical Information Report, Traffic Impact Analysis, Arborist Report, and a Geotechnical Engineering Study. The applicant will dedicate 46,627 sf for public streets with an access road running north/south, through the property, to serve the new lots. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services. Preliminary adequacy of all infrastructure has been reviewed by the City's Public Works Department and found to be sufficient. Specific infrastructure/services are addressed as follows: A. Water and Sewer Service. Water service will be provided by King County Water District #90. A water availability certificate was submitted to the City. Sewer service will be provided by the City of Renton. PRELIMINARY PLAT - 3 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 iW: B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnisFservices to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. An approved cul---de--- sac type turnaround is required for dead end streets over 300 feet long, and all homes beyond 500 feet on dead end streets are required to install an approved fire sprinkler system; this applies to Lots 5 and 6 (RMC 4 --- 6 --- 460H.2). Fire impactfees are applicable at the rate of $495.10 per single family unit. This fee is paid at time of building permit issuance. C. Drainage. The proposal provides for adequate stormwater drainage facilities. A drainage plan 7and technical information report (Exhibit 15) has been submitted with the application. The report addresses compliance with 2009 King County Surface Water Manual (KCSWM) and City of Renton Amendments to the KCSWM, Chapters 1 and 2. City staff have found the preliminary design to be consistent with. the KSCWM and no evidence was presented to the contrary. Final compliance with the KSCWM will be implemented during utility construction permit and final plat review. Claudia Donnelly wrote (Ex. 26 and 32) and testified of severe flooding problems on her property caused by upstream development. She believes that the Windstone subdivision was the cause of the flooding in the 1990s. While this may be the case, the City's stormwater regulations have been upgraded several times since the regulations that applied to the Windstone development. As testified by the project engineer and the City's engineer, a major change in stormwater regulations since the stormwaer regulations that applied to Windstone is that off-site stormwater flows generated by the project must match pre -development, fully forested conditions. As testified by the project engineer, since the project site is currently partially developed and cleared, the matching of predevelopment stormwater conditions will likely reduce stormwater impacts to Ms. Donnelly's property over current conditions. Given that the KCSWM requires pre -development flows and the project and city engineer's both have concluded that this requirement can be achieved, it must be determined that the proposal will not create any significant adverse stormwater impacts to Ms. Donnelly's property or the property of anyone else. Given the stormwater problems that Ms. Donnelly and others have had in the past, Ms. Donnelly's concerns are certainly legitimate and understandable. However, the City's newest stormwater regulations are specifically designed to prevent the stormwater problems that occurred in the past. There is also no expert opinion in the record that counters the conclusions of Mr. Lee and Mr. Joudi that the KCSWM will prevent adverse PRELIMINARY PLAT - 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 stormwater impacts to downstream properties. Ms. Donnelly did raise the point that an expert in the Tiffany Park hearing,identified that trees serve a significant function in stormwater retention, but the KCSWM requires that stormwater facilities be designed to substitute for the lost capacity caused by the removal of trees. Ms. Donnelly also questioned why staff is not recommending a condition of approval requiring compliance with best management practices and also wants to know why downstream analysis doesn't extend down to her property. The best management practices will be required during utility construction permit review so there is no need to require them during preliminary plat review. The extent of downstream analysis is set by the KCSWM. As testified by Mr. 7oudi, the KSCWM did not require downstream analysis to extend to Ms. Donnelly's property because flooding problems in her area are documented (based upon stormwater complaints) as having occurred more than ten years ago. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-4 district. The impact fees provide for adequate parks and open space. E. Streets. No significant traffic impacts are anticipated for the project. Project specific impacts will not nessistate any off-site improvements and the applicant will be required to pay its proportionate share of mitigation to the City's transportation system as a whole through the payment of traffic impact fees. City engineering staff have reviewed the preliminary street design and found it compliant with applicable street standards. Final compliance shall be assessed by city staff during final plat review. A Traffic Impact Analysis prepared by TraffEx Northwest Traffic Experts (dated October 27, 2014; Exhibit 14) was submitted with the application materials. The proposed 13 -lot subdivision would generate 124 average weekday trips: 10 AM peak hour and 13 PM peak hour at the future intersection of NE 16th St and the sites proposed access street. The study intersection operates at an excellent Level of Service (LOS) A for future conditions including project generated traffic. A 3% per year annual background growth rate was added for each year of the two-year time period (for a total of 6%) from the 2014 traffic count to the 2016 horizon year of the proposal. The traffic report concludes by listing the following traffic impact mitigation measures: 1) construct the street improvements including curb, gutter and sidewalk for the site access street and site PRELIMINARY PLAT - 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 frontage on NE 16th Street; and 2) contribute the approximately $8,550 Transportation Mitigation fee to the City of Renton. It is also anticipated that the proposed project would result in impacts to the City's street system. In order to mitigate transportation impacts, the applicant would be required to meet code -required frontage improvements, City of Renton s transportation concurrency requirements (Exhibit 24) based upon a test of the citywide Transportation Plan and pay appropriate Transportation Impact Fees. Currently, this fee is assessed at $2,214.44 per net new single family home (13 x $2,214.44 = $28,787.72). This fee is payable to the City at the time of building permit issuance. F. Parking. Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles per dwelling unit as required by City code. G. Schools. Adequate school facilities are available for the project and safe walking conditions will be provided to and from school. The staff report concludes that it is anticipated that the Issaquah School District can accommodate any additional students generated by this proposal at the following schools: Newcastle Elementary (8400 136th Ave SE, Newcastle), Maywood Middle School (14490 1681h Ave SE, Renton), and Liberty High School (16655 SE 136" St). A School Impact Fee, based on new single family lots, will also be required in order to mitigate the proposal's potential impacts to Issaquah School District. The fee is payable to the City as specified by the Renton Municipal Code at the time of building permit application. Currently, the 2015 fee is assessed at $5,730.00 per single family residence. RCW 58.17.110(2) provides that no subdivision be approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school. As part of the proposed project, sidewalks would be constructed along on-site roadways which would connect to the existing sidewalk system along NE 16th St, Lyons PI NE, NE 17th St, and 148th Ave SE to the anticipated bus stops at the intersection of NE 17th St and 148th Ave SE. This anticipated route would provide adequate provisions for safe walking conditions for students who walk to and from school and/or bus stops (Exhibit 19). 5. Adverse Impacts. There are no adverse impacts associated with the proposal. Adequate Ublic facilities and drainage control are provided as determined in Finding of Fact No. 4. The ty's stormwater regulations are sufficient to prevent flooding both off and -on-site. There are no PRELIMINARY PLAT - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 critical areas on site_ The proposal is surrounded by single family development that is zoned R-4 or R-8 so compatibility of use is not an issue. There were concerns raised about tree preservation. City development standards define what is acceptable tree removal and retention. The proposal is complianf with applicable tree retention standards. RMC 4-4-130H requires thirty percent of the trees shall be retained in a residential development. When the required number of protected trees cannot be retained, new trees, with a two-inch (2") caliper or greater, must be planted. The replacement rate is twelve (12) caliper inches of new trees to replace each protected tree removed. The property is covered with large Douglas fir and some Madrona and ornamental trees around the home. There are approximately 159 trees over 6 inches in diameter throughout the site (208 trees including rights -of -ways and on adjoining parcels). After street and critical area deductions, and the minimum requirement to retain 30%, the applicant is required to retain 36 trees. The applicant is proposing to retain 34 trees (6" or larger), and thus the required tree caliper replacement is 24 inches. The average size of the trunk at diameter at breast height (DBH) for the 34 trees is 11.7 inches (11.7") and the species include 27 Douglas -firs, six (6) Western red -cedars, and one (1) Madrona. Mathematically, a minimum of 9.6 replacement trees at 2.5 DBH will be used to achieve the required 24 replacement inches. All trees that are proposed to be retained will be fenced and signed during construction process for preservation (Exhibits 5-8). The applicant is proposing additional trees beyond the minimum 9-6 trees at 2.5 inches (28 Evergreen Magnolia x 2.5 = 70 replacement inches; 18 Leyland Cypress at 8'-1.0' height); this complies with RMC. A concern was also raised about impacts to trees on adjoining properties. Due to the size and location of the proposed stormwater vault, there is a potential to impact to the off-site trees to the east of Tract A. The applicant had an arborist to assess the limits of disturbance for construction of the vault. City staff will also be monitoring the vault construction to ensure that tree roots are not damaged. The conditions of approval will require implementation of these measures to protect trees on adjoining properties. No other significant impacts are reasonably anticipated from the evidence contained within the administrative record. Conclusions of Law 1. Authority, RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold a hearing and issue a final decision on preliminary plat applications. RMC 4-9-070 grants the Examiner authority to review and make final decisions on SEPA appeals. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 4 dwelling units per net acre (R-4). The comprehensive plan map land use designation is Residential Low Density (RLD). PRELIMINARY PLAT - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Review Criteria. Chapter 4-7 RMC governs the criteria for preliminary review. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. .3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of'protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. As to compliance with the Zoning Code, Finding I(2) of the staff report is adopted by reference as if set forth in full, with all recommended conditions of approval adopted by this decision as well. As depicted in the plat map, Ex. 2, each proposed lot will directly access a public Road, Road A. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. RMC 4-7-080(I)(1): ...The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards... 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding I(1) of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. 6. The internal road system connects to NE 16`h St., an existing public road. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. The City's adopted street plans are not addressed in the staff report or anywhere else in the administrative record. However, the only street connection possible for the project is as proposed to NE 16`h. The project site is otherwise completely surrounded by single-family development. PRELIMINARY PLAT - 8 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail, provisions shall be made for reservation of the right-of-way or fior easements to the City for trail purposes. 8. There is nothing in the record to reasonably suggest the proximity of any official designated trail. RMC 4-7-130(C): A plat, short plat, .subdivision or dedication shall be prepared in conformance with the.following provisions: I. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Floodingflnundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of'a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every, reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passer through any of the subject properly, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. PRELIMINARY PLAT - 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 9. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and there are no critical areas at the project site. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's dedication of'land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 10. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-7-I50(A): The proposed street systemshall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 11. th As shown in the aerial photograph at p 2 of the staff report, the internal road connection to NE 16 St. is currently the only road connection possible for the project. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. As conditioned. RMC 4-7-150(0): Streets intersecting with existing or proposed public highways, major or secondary, arterials shall be held to a minimum. 13. The proposed connection to NE 16th is the only connection possible for the project. RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards. . PRELIMINARY PLAT - 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 01 RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the IIpredominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T -A and Policies T-9 through T-16 and Community Design Element, Objective CD -M and Policies CD -50 and CD -60. 3. Exceptions: a. The grid pattern may be adjusted to a "flexible grid" by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow, future connectivity. 5.All Access: Alley, access is the referred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible... 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cul -de -Sac Streets: Cul-de-sac streets may only, be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible. 15. As shown in Ex. 2, no grid pattern is possible for the proposal due to surrounding residential development. Alley access is not required since the proposal is in a Residential Low Density comprehensive plan land use designation. There is insufficient space for a looped road system The proposed cul de sac is necessary and authorized since no further road connection is possible. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. PRELIMINARY PLAT - 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W 16. As proposed and as will be required during final plat engineering review. RMC 4-7-150(G): Streets that may be extended in the event of.future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary, turnarounds. Dedication of a full -width boundary street shall be required in certain instances to facilitate future development. 117. No additional street extensions are possible for the project so the criterion does not apply. RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of'the street standards. 19. As previously determined, each lot has access to a public street. RMC 4-7-170(0): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. 20. As previously determined, the proposed lots comply with the zoning standards of the R-4 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right -of --way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pi estem lots, which shall have a minimum width a twenty feet (20') and (2) lots on a street curve or the turning circle of cul -de -.sac (radial lots), which shall be a minimum of thirty f ve feet (35'). 21. As shown in Staff Report Ex, 2, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of'dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15`). 22. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. PRELIMINARY PLAT - 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 23. Trees will be retained as required by City code as determined in Finding of Fact No. 5. There are no other natural features that need preservation as contemplated in the criterion quoted above. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary, sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 24. As conditioned. RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all .surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full -width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity, for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 25. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(0): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 26. Compliance with City water system design standards is assured during final plat review. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip .shall be placed in such a manner and depth to permit the planting of'trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 27. As conditioned. RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line PRELIMINARY PLAT - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISI: by subdivider as to obviate the necessity far disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and. capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. As conditioned. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton .surveying standards. B. SURVEY. All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 29. As conditioned. DECISION The proposed preliminary plat as depicted in Ex. 2 and described in this decision is consistent with all applicable review criteria as outlined above and is therefore approved, subject to the following conditions: 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non -Significance for the proposal. 2. All proposed street names shall be approved by the City and all street name signs shall be installed prior to final plat approval. PRELIMINARY PLAT - 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped_ The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. 7. The applicant shall comply with the monument and survey requirements of RMC 4-7-210, 8. The applicant shall submit an arborist report demonstrating to the satisfaction of City staff that the proposed vault construction will not adversely affect trees on adjoining property. 9. The applicant shall obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, detached garage and barn prior to Final Plat recording. 10. Upon the extension and completion of the public road from NE 16th Street through to SR 900, the future owners of Lot 5 & 6 may relinquish the combined 3,562 square feet of temporary cul-de-sac easement, pending installation of complete frontage improvements in the right-of-way and approval by the City of Renton. Prior to recording, the applicant shall include similar language on the face of the plat. PRELIMINARY PLAT - 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11. The applicant shall provide two (2) trees within the rear yards of Lots 4, 5, 10, 11, 12, and 13 and one (1) tree within the 10 -foot lot landscaping along street frontage of Lot 6. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. 12. The cul-de-sac shall be constructed to public street standards, in and out of the dedicated public right-of-way. 13. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. 14. The applicant shall create a Home Owners Association ("HDA") that maintains all landscaping improvements in Tract "A", all maintenance and repairs of the temporary access easement for the cul-de-sac turnaround and any and all other common improvements. A draft of the HOA documents shall be submitted to and approved by the City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such document shall be recorded concurrently with the Final Plat. 15. Any proposal to convert the stormwater vault within Tract "A" to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. 16. The applicant shall be required to obtain a temporary construction easement for all work conducted outside of the applicant's property: The temporary construction easement shall be submitted to the City prior to any permits being issued or demonstrate that offsite trees can be saved during construction. DATED this 2nd day of March, 2015, Phir A.Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day a peal period as identified in RMC 4-8-1 10(E)(I 3) and RMC 4-8-100(G)(9). A new fourteen (1 4} day PRELIMINARY PLAT - 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT - 17 � qn O$m I ZBg ti I w LL Q ��o a F `'x"'� Ub m �� o � ��• � � x� � y d ¢ � iW LD LO Fr $ Qy – � N � � n J og g•W su_ " ate gM1� �zzw! z $ 5-£L� 705 i/4 35 'Y/1 '3S jun -3 ! ,p��p 3-StS&ww e ,00'04 s9A,9 .0004 ± Do OL .—-- l ,50-16 39h,9 ,YZ'19 CL 1 �n� 24 � 9c�•n� r � O b S Bz'.E --1 •90'aL T .00'0[ I .»'r4 59'95 ct: Lo cc z p " Y�-rl' toyer 0. 3_L1.SLMN r � OCJ p czn z – 2N s 7.d 34s H•��/ti 2�3s f ---,--_ LLl — azl.stwa-- a Ly$ ¢OU Li �R`/ / _-� C ii -r 'cis j. m o � �•_"-„ ry� I^F ''_vii.,{c " W �+ �ry ^FNS, mi o � la'z'�I�i4iFT! ?5�HRIc Irofal 33V -Id a800NOO rlr m EE w w U rr C � a d ' a CZ zLL O U 2 w January 25, 2016 COMPLIANCE OF CONDITIONS LETTER "F D Project No. 14103 City of Renton Planning Division CITY Of RENYON 1055 South Grady Way PLANNING DIVISION Renton WA 98057 Re: Concord Place Final Plat formally known as Maertins Ranch To Final Plat Reviewer: The following is provided in response to the City's Final Plat Submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval", Hearing Examiner's Conditions dated March 15, 2015: I. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non -Significance for the proposal. Mitigation Measures: I. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions NW, LLC (dated October 29, 2094). These recommendations will be complied with by the completion of construction of site improvements as provided for on the approved construction drawing. 2. All proposed street names shall be approved by the City and all street name signs shall be installed prior to final plat approval. Street names have been provided. Street name signs have been installed prior to final plat approval. 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15). The minimum radiuses have been provided. 4. Side sewer lines shall be installed eight feet (S) into each lot if sanitary sewer mains are available, or provided with the subdivision development. This condition has been met with the completion of construction of the approved sanitary sewer facilities. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to theapplication of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to - - - - --------=----- ------_._-_: _. __. EXHIBIT 5 City of Renton January 25, 2016 Page 2 of 3 each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or landowner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. Necessary easements have been produced on the final plat. 7. The applicant shall comply with the monument and survey requirements of RMC 4-7-210. Monuments will be installed and the final plat has been prepared according to the survey requirements. 8. The applicant shall submit an arborist report demonstrating to the satisfaction of City staff that the proposed vault construction will not adversely affect trees on adjoining property, Four copies of the arborist report prepared by Greenforest Incorporated, dated November 12, 2014 have been submitted with the first submittal of the final plat. The Applicant obtained a construction easement from the neighboring property owner. This was approved during the construction document phase of the project 9. The applicant shall. obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, ' detached garage and barn prior to Final Plat recording. The required permit has been obtained and the existing structures demolished. 10. Upon the extension and completion of the public road from NE 18th Street through to SR900, the future owners of Lot 5 & 6 may relinquish the combined 3,562 square feet of temporary cul-de-sac easement, pending installation of complete frontage improvements in the right-of-way and approval by the City of Renton. Prior to recording, the applicant shall include similar language on the face of the plat. The easement is shown on Sheet 5 and the following note 7 is provided on Sheet 2 under Easement Notes. "The temporary turnaround easement shown on Lots 5, 6 and 7 is hereby granted and conveyed to The City of Renton, a political subdivision of The State of Washington, for temporary turnaround facilities. The Concord Place Homeowners Association is hereby responsible for the maintenance of said temporary turnaround facilities within said easement, This easement shall automatically terminate upon the extensions of the public right of way through the adjoining property. It shall be the responsibility of the developer extending said right of way to remove the improvements associated with the temporary turnaround and reconstruct the standard roadway cross section through these areas." 11. The applicant shall provide two (2) trees within the rear yards of Lots 4, 5, 10, 11, 12, and 13 and one (1) free within the 10 -foot lot landscaping along street frontage of Lot 6. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. The required trees are shown on the approved landscape plans and will be installed prior to andlor with building permit, City of Renton January 25, 2016 Page 3 of 3 12. The cul-de-sac shall be constructed to public street standards, in and out of the dedicated public right-of-way. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. 13. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. Street lighting plans have been submitted and approved 14_ The applicant shall create a Home Owners Association ('HOA") that maintains all landscaping improvements in Tract "A , all maintenance and repairs of the temporary access easement for the cul-de-sac turnaround and any and all other common improvements. A draft of the HOA documents shall be submitted to and approved by the City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such document shall be recorded concurrently with the Final Plat The Concord Place Homeowners Association was established October 7, 2015, The required maintenance responsibilities are established on the final plat and the C,C&Rs have been submitted with the first submittal of the final plat. 15. Any proposal to convert the stormwater vault within Tract "A" to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7- 080M. 2. Tract A has been developed and approved with a stormwater vault 16. The applicant shall be required to obtain a temporary construction easement for all work conducted outside of the applicant's property. The temporary construction easement shall be submitted to the City prior to any permits being issued or demonstrate that offsite trees can be saved during construction. All required offsite easements have been submitted and approved and permits issued. I trust this will satisfy the City's Final Plat submittal requirement Sincerely yours, D. R. ST ONG Consulting Engineers inc_ . Stephen J_ Schrei, PLS Senior Project Surveyor SJS/Ics R:4201411114103t2OocumentsiFinal PlaA151229 14103_Renton-COA.Doc Print Forth Reset Form Siim�Forrn DEPARTMENT OF COMMUNITY r AND ECONOMIC DEVELOPMENT MAINTENANCE BOND Bond Number: 8899975 Project Name: Concord Place (aka Maertins Ranch) KNOW ALL MEN BYTHESE PRESENT; that we Albacore ACH, LLC, a Washington Limited Liability Company as Principal, and Developers Surety and Indemnity Company a corporation organized and existing under the Laws of the State of Iowa Surety are held and firmly bound unto THE CITY OF RENTON as Obligee, in the total sum of One Hundred seventy One Thousand Four Hundred Eighty One and 83/100ths ($ 171,481.83 ) dollars for the payment of which, well and truly to be made, the executors, administrators, successors and assigns, jointly and severally, firm by these present; For: Plat Improvements Including Sanitary Sewer System, Storm Drainage System & Street Improvements for the Plat of Concord Place (aka Maertins Ranch) per Permits U15001308 & U15005723. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of two (2) years following completion, then this obligation shall be void otherwise shall remain in full force and effect. SIGNED, SEALED AND DATED this 4th DAY OF April 1202016 Applicant's Signature Albacore ACH, LLC Applicant's Name (Print) 9675 SE 36th Street, Suite 105 Address Mercer Island, WA 98040 City, State, Zip Signa a of Bonding Agent Jean M. Hoffman, Attorney -in -Fact Developers Surety and Indemnity Company Name of Bonding Agent & Company (Print) 17771 Cowan, Suite 100 Address Irvine, CA 92614 800.782.1546 City, State, Zip & Phone Attach Power of Attorney Form and Maintenance & Defect Agreement to Bond H:\CED\Data\Forms-Templates\5elf-Help HandoutslPublic Works\MAINTE NANCE BOND.docx Rev: 04/2015 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Bac 19725, IRVINE, CA 92623 (949) 263-3300 14NOWALL BY THESE PRESENTS that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Kevin G. Rabourn, Jean M. Hoffman, James F, Wilson, jointly or severally— as their true and lawful Atiomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(sHn•Fac full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(sHri-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power Of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, affective as of January 1st, 2008, RESOLVED, that a combination of arty two of the Chairman of the Hoard, the President, Executive Vice•President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the aaomey(s) named in the Power of Afiarney to execute, on behalf of the corporations, fronds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to allest the execution of any such Power of Adomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto- by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015, Y a.�Sy AND ¢ANYO.o Daniel Young, Senior Vice-Presidenl SFaR.4 ;4*." Q R?Opq� OCT. sat 10 0 By: =o ; 1936 r�0 MarkLansdon, Vice -President -1. YOWA„"��a.; A notary public oe other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29, 20iS before me, Lucille Raymond, Notary Public Hx.In wt Nsrrx and TrtN of IN 06m personally appeared __.....__ Daniel Younq and (dark Lansdon N"s) atSynsrts) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hiAerhheir signatures) on the instrument the person(s), or rhe entity upon behalf of LUCI LLE RAYMOND which the perscn(s) acted, executed the instrument Commission * 20411948 wi Notary Public • California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correct M Comm. E tree Oct 13 2418 WITNESS my hand and official seal. Place Notary Seat Above Signature Lud"yAwd. Notary Public C ERT1 FICAT£ The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMN)TY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomay remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the raspective Boards of Directors of said corporations set Earth in the Power of Attomey are in force as of the date of this Certificate, This Certificate is executed in the City of Irvine, California, this 4th day of April 2016 ByX�r , Cassie J. rrisford, Assistant Seetary 1D-1380(Rev01115) int Form Reset Form . Save Form DEPARTMENT OF COMMUNITY ty o� AND ECONOMIC DEVELOPMENT r�'► entoci` y 1 MAINTENANCE AND DEFECT AGREEMENT (Two Applicant's Name and Address years) Albacore ACH, LLC For public roads, drainage facilities, and other 9675 SE 36th Street, Suite 105 public improvements Mercer Island, WA 98040 Agreement Number Project Name and Number Concord Place Guarantee Amount Site Location/Section $171,481.83 1508 Ilwaco Ave NE, Renton, WA 98059 This agreement is made and entered into this 4th day of April 20 between the City of Renton, hereinafter called the CITY, and the above named applicant, hereinafter called APPLICANT. Basis for AGREEEMENT: WHEREAS, the undersigned APPLICANT has constructed public roads and/or drainage facilities and other public improvements to be deeded to the CITY in connection with the above -referenced project; and WHEREAS, the APPLICANT has agreed to secure the successful maintenance and operation of said improvements for the referenced project pursuant to RMC 4-6-030 and RMC 9-10-5. NOW THEREFORE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, and assigns as follows: Terms of the AGREEMENT: 1. The improvements constructed by the APPLICANT or his representative shall successfully operate and shall remain free of defects in design, workmanship, and materials for a period of two (2) years from the date of satisfactory completion of the improvements or final plat approval, whichever is later. As used in this AGREEMENT, the term "defects" includes but is not limited to, damage resulting from construction activities and/or use during the two (2) year period. 2. The APPLICANT is responsible for maintenance of the public road, drainage facilities and other public improvements, including the roadway surface for the two (2) year period from the date of satisfactory construction approval or final plat approval, whichever is later. 3. In the event of any failure of the improvements to satisfactorily operate or in the event of a defect in design, workmanship, or materials, the APPLICANT shall promptly and adequately repair and/or correct the failure or defect. 4. The CITY will perform maintenance inspections during the two (2) year period. 5. During the two (2) year period upon notification by the CITY, the APPLICANT shall correct and/or make repairs to the right-of-way improvements within the time period specified by the CITY when defects in the design, workmanship, or materials occur. 6. In the event the CITY determines that repairs must be performed immediately to prevent risk to person(s) and property, the CITY may make necessary repairs and the costs of those repairs shall be paid by the APPLICANT upon demand. H:\CED\Data\Forms-Templates\Self-Help Handouts\Public Works\Maintenance and Defect Agreement.docx 67/27/2412 Agreement Number Project Name and Number Concord Place 7, The APPLICANT shall pay all required fees in accordance with Renton Municipal Code. 8. At the end of the two (2) year period, the APPLICANT shall clean the drainage facilities prior to the City's final inspection. 9. If, at the conclusion of the two (2) year period, the City of Renton, at its sole discretion, determines the improvements are not adequately maintained, the APPLICANT shall perform prompt maintenance to the CITY's satisfaction. In the event this maintenance is not performed within the time period specified by the CITY, the CITY will invoke the enforcement processes found in RMC Chapter 1-3. 10. Any failure by the APPLICANT to comply with the terms of this AGREEMENT in a timely manner shall constitute default. Any action or inaction by the City of Renton following any default in any term or condition of this AGREEMENT shall not be deemed to waive any rights of the City of Renton pursuant to this AGREEMENT. 11. The APPLICANT shall indemnify and hold the CITY and its agents, employees and/or officers harmless from and shall defend at its own expense all claims, damages, suits at law or equity, actions, penalties, losses, or costs of whatsoever kind or nature, brought against the CITY for negligence arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the APPLICANT's performance or failure to perform any aspect of the AGREEMENT. Provided, however, that if such claims are caused by or result from concurrent negligence of the APPLICANT and the CITY, its agents, employees and/or offices, this provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, and provided further, that nothing herein shall require the APPLICANT to hold harmless or defend the CITY from any claim arising from the sole negligence of the CITY's agents, employees and/or officers. 12. In the event that any part deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington. 13. The APPLICANT is granted the right access CITY right-of-way, tracts, and easements dedicated to the CITY for the purpose of performing work required by this Maintenance and Defect Agreement until the AGREEMENT is released. Release Requirements: This AGREEMENT shall remain in force and effect and shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the City of Renton. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLICANT Member April 4, 2016 By Title Date Received for City of Renton By Date 2 H:\CEDNData\Forms-Templates\self•Help Handouts\Public WorksWaintenance and Defect Agreement.docx 07/27/2012 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Concord Place Final Plat FINAL PLAT APPROVAL } LUA 16-000071 ) Summary The applicant has applied for final plat approval of the Concord Place subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. March 23, 2016 staff report. 2. Preliminary Plat Report and Exhibits (LUA14-001568). 3. Final Plat map 4. Vicinity Map. 5. Conditions of Compliance letter. FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 i 22 23 24 25 26 Findings of Fact Procedural: 1. Applicant. Albacore ACH LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 13 lot subdivision, as depicted in Ex. 3. The subdivision received preliminary plat approval on March 2, 2015 by the City of Renton. The subdivision is located at 4905 SE 2nd Place. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application for Phase It is approved, subject to the following condition: 1. All plat improvements shall be either constructed or deferred with adequate security to the satisfaction of City staff prior to the recording of the final plat. Dated this 29th day of March, 2016. FINAL PLAT - 2 1 Phil A. 01b=hU 3 4 City of Renton Hearing Examiner 5 6 7 Appeal Right and Valuation Notices 8 RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing 9 examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the 10 date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-5-110(E)(8) and RMC 4- 11 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the 12 reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. 13 Affected property owners may request a change in valuation for property tax purposes 14 notwithstanding any program of revaluation. 15 16 17 18 19 20 21 22 23 24 25 26 FINAL PLAT - 3 March 10, 2016 Jan Illian City of Renton Development Engineering 1055 South Grady Way Renton WA 98057 Mgc/fi(15 Ary/& Re: Concord Place Final Plat Project No. 14103 CM of p sTaN �Er�ti��Ff1 MAR � 1 �Olfi OeSeRv ces RECEIVED 1,JAR 7 1 ?015 To Final Plat Reviewer: CITY CsV Pf NTON The following is provided in response to the City's review comments, dated Februaryp*N!6),V1S;: '" regarding the first submittal of the above referenced final plat. Technical services Comments Amanda Askren has reviewed the final plat submittal and has provided the following comments: 1. Note the City of Renton land use action number and land record number, LUA16 000071 and LND10 0520, respectively, on the final plat submittal. The required numbers have been added 2. Do note encroachments. Are all fences shown on the plat to remain? Are the corners set on the other side of the fence in those locations as shown? All encroachments have been noted All fences shown are to remain. All corners are set as shown. Planning Comments Clark Close has reviewed the final plat submittal and has provided the following planning comments: 1. Please call to schedule a final landscaping inspection. Landscaping has been completed and a final inspection has been completed by Clarke Close. 2. The Land Use Number is LUA14 0001568 not LUA15 001568. The correct LUA Number of LUA16-000077 as confirmed with Jan Illian has been added to all sheets. t Jan 11han March 10. 2016 Page 2 of 4 3. Plat Plan Sheet 2: Notes and Restrictions #3 is not a grammatically correct sentence. It reads as follows: "ANY HOME CONSTRUCTED ON LOT 5 AND LOT 6 ARE REQUIRE TO BE INSTALLED WITH AN APPROVED FIRE SPRINKLER SYSTEM.n My suggested change would be as follows: "HOMES CONSTRUCTED ON LOTS 5 AND 6 ARE REQUIRED TO BE INSTALLED WITH AN APPROVED FIRE SPRINKLER SYSTEM." Note should be bold and easily seen. Note No. 3 has been deleted and replaced with a new paragraph under the heading "FIRE SPRINKLER REQUIREMENT" WHICH STATES "HOMES CONSTRUCTED ON LOTS 5 AND 6 ARE REQUIRED TO BE INSTALLED WITH AN APPROVED FIRE SPRINKLER SYSTEM." Fire Comments Corey Thomas has provided the following comments. Call 425-430-7024 for inspection. 1. Provide approved street name sign per approved plans. Installation has been completed. 2. Install blue hydrant markers. Installation of temporary markers have been installed Plan Review Plat Comments 1. Sheet 2 of 3 under Notes and Restrictions. Is Tract A a drainage and recreational tract or just a drainage tract? Please revise if warranted. Tract A is a storm drainage tract. Notes and Restrictions No. 1 has been revised as shown below. 1. TRACT A IS A PRIVATE STORM DRAINAGE TRACT AND IS HEREBY GRANTED AND CONVEYED TO THE CONCORD PLACE HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. EXCEPT AS OTHERWISE NOTED HEREIN, SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR ALL MAINTENANCE AND MANAGEMENT OBLIGATIONS ASSOCIATED WITH SAID TRACT. SHOULD THE CONCORD PLACE HOMEOWNERS ASSOCIATION FAIL TO PROPERLY MAINTAIN SAID TRACT, THE OWNERS OF LOTS 1 THROUGH 13 OF THIS PLAT SHALL BE EQUALLY RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS, AS EVIDENCED BY NON PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT A PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. A DRAINAGE EASEMENT OVER SAID TRACT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON FOR PUBLIC STORM DRAINAGE FACILITIES, ACCORDING TO THE CITY OF RENTON DRAINAGE EASEMENT COVENANT HEREON. THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR ALL MAINTENANCE RESPONSIBILITIES ASSOCIATED WITH SAID PUBLIC STORM DRAINAGE FACILITIES WITHIN SAID TRACT. 2. Please label all private drainage easements as "Private". All private easements are labeled as private Jan Illian March 10, 2016 Rage 3 of 4 3. Sheet 4 of b. Call out Tract A as "DRAINAGE" to Tract A. "Storm Drainage" has been added to Tract A, on Sheet 4. 4. Sheet 1 of 5. Signature Blocks. Revise Finance Director to Finance "Administrator". Add "Public Works" to Administrator. The signature blocks have been revised as requested Plan Review Comments - Construction Close Out Contact Vicki Grover at 425-430-7291. 1. Utility Improvements Punchlist. Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector. Please continue working with inspector, Mark Wetherbee, 206-999-1832 through this process. The utility construction permit and street lighting permit must be signed off by the inspector prior to recording of the plat. Mark Weatherbee has completed his walk-thru for utility, drainage, grading and street improvements and all items have been corrected with the exception of the paving. The top lift of asphalt within the plat and grind and overlay on the frontage. A Deferral request is being submitted with this resubmittal for until the weather improves for paving. The Street light inspection has been completed and the street light numbers have been provided by the City and have been ordered A re -inspection will be called in to verify installation. 2. As -Built Submittal. Paper copies of asbuilts shall be submitted to the inspector for review. Please provide to the plan reviewer and they will forward on to the inspector. All plan sheets, including those constructed per design, must be verified, stamped and signed as As -Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the final construction activity. The civil drawings also need to show all storm drainage system easements, which shall be consistent with the as -built location of the utility. Once approved by the inspector, the approved construction plan mylars can be checkedout from the sixth floor Public Works counter and undated or replaced with_a complete As -Built plan set. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS BUILT" in a large block letters and stamped by a PE or PLS. Paper as -built set has been submitted. We are awaiting review and direction to produce mylars. 3. Construction Cost Data. The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. See attached forms. 4. Bill of Sale. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include street improvements and storm to be owned and maintained by the City. Do not include side sewers or any constructed improvements not to be owned by the City of Renton. See attached forms. Jan Illian March 10, 2016 Page 4 of 4 5. Maintenance Bond. A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the street improvements and utilities as shown on the Cost Data Inventory form. The permit bond (if on file) will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Applicant is seeking a deferral of the top lift of asphalt and once completed will replace the current performance bond with a maintenance bond. 6. Acceptance letter from Water District #90. Provide a copy with the submittals. A letter from Water District 90 is included. I trust this satisfy the need for a letter addressing the final plat review comments. Sincerely yours, Stephen J. Schrei, PLS Senior Project Surveyor SJS/Ics Engineers Inc. R:1201411114103121DocumentstFinal PlaMecond 5ubmittal1180229 Renton-Responce-1st Review.Doc Denis Law Mayor February 26, 2016 Justin Lagers PNW Holdings, LLC 9675 - SE 36th Street Suite 105 Mercer Island, WA 98040 City A r I # r ziI Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: Status Report of Concord Final Plat File No. LUA16-0000701 FP Justin, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for a second review before project closeout can be completed and the final plat can be recorded. I am forwarding on the first set of review comments from all departments. Please use this letter as a checklist to move the project forward towards final recording. Please include a response letter addressing the corrections below. Technical Services Comments Amanda Askren has reviewed the final plat submittal and has provided the following comments: 1. Note the City of Renton land use action number and land record number, LUA16 000071 and LND10 0520, respectively, on the final plat submittal. 2. Do note encroachments. Are all fences shown on the plat to remain? Are the corners set on the other side of the fence in those locations as shown? Planning Comments Clark Close has reviewed the final plat submittal and has provided the following planning comments: 1. Please call to schedule a final landscaping inspection. 2. The Land Use Number is LUA14 0001568 not LUA15 001568. 3. Plat Plan Sheet 2: Notes and Restrictions #3 is not a grammatically correct sentence. It reads as follows: "ANY HOME CONSTRUCTED ON LOT 5 AND LOT 6 ARE REQUIRE TO BE INSTALLED WITH AN APPROVED FIRE SPRINKLER SYSTEM." My suggested change would be as follows: "HOMES CONSTRUCTED ON LOTS 5 AND 6 ARE REQUIRED TO BE INSTALLED WITH AN APPROVED FIRE SPRINKLER SYSTEM." Note should be bold and easily seen. Fire Comments Corey Thomas has provided the following comments. Cali 425-430-7024 for inspection. 1. Provide approved street name sign per approved plans. 2. Install blue hydrant markers. Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 - rentonwa.gov Concord Final Plat February 26, 2016 Page 2 of 3 Plan Review Plat Comments 1. Sheet 2 of 3 under Notes and Restrictions. Is Tract A a drainage and recreational tract or just a drainage tract? Please revise if warranted. 2. Please label all private drainage easements as "Private". 3. Sheet 4 of 5. Call out Tract A as "DRAINAGE" to Tract A. 4. Sheet 1 of 5. Signature Blocks. Revise Finance Director to Finance "Administrator". Add "Public Works" to Administrator. Plan Review Comments - Construction Close Out Contact Vicki Grover at 425-430-7291. 1. utility Improvements Punchlist. Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector. Please continue working with inspector, Mark Wetherbee, 206-999-1832 through this process. The utility construction permit and street lighting permit must be signed off by the inspector prior to recording of the plat. 2. As -Built Submittal. Paper copies of asbuilts shall be submitted to the inspector for review. Please provide to the plan reviewer and they will forward on to the inspector. All plan sheets, including those constructed per design, must be verified, stamped and signed as As -Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the final construction activity. The civil drawings also need to show all storm drainage system easements, which shall be consistent with the as -built location of the utility. Once approved by the inspector, the approved construction plan mylars can be checked - out from the sixth floor Public Works counter and updated or replaced with a complete As -Built plan set. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS - BUILT" in a large block letters and stamped by a PE or PLS. 3. Construction Cost Data. The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. 4. Bill of Sale. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form_ Include street improvements and storm to be owned and maintained by the City. Do not include side sewers or any constructed improvements not to be owned by the City of Renton. 5. Maintenance Bond. A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the street improvements and utilities as shown on the Cost Data Inventory form. The permit bond (if on file) will be released upon receipt and acceptance of the maintenance bond or assignment of funds. 6. Acceptance letter from Water District #90. Provide a copy with the submittals. Please submit all final plat correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Unless stated above, provide 4 copies of all documents including a response letter. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425-430-7216. Concord Final Plat February 26, 2016 Page 3 of 3 Sinc ely, `J II an`"r V City of Renton Development Engineering 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov cc: Vicki Grover, Plan Review Amanda Askren, Technical Services Clark Close, Planner Mark Wetherbee, Inspector File Denis Law Mayor February 2, 2016 Justin Lagers PNW Holdings 9675 SE 36th Street, Suite 105 Mercer Island, WA 98040 City m," Community & Economic Development Department C.E."Chip"Vincent, Administrator Subject: Notice of Complete Application Concord Place aka Maertins Ranch Final Plat, LUA16-000071 Dear Mr. Lagers: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. Please contact me at (425) 430-7216 if you have any questions. Sincerely, Ja711lian Plviewer cc: Albacore ACH, LLC / Owner(s) Maher A. Joudi, D.R. Strong Consulting Engineers/Engineer File Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov r C-, RECEIVED DEPARTMENT OF COMMUNITY FF5 02 0000�CITY OF AND ECONOMIC DEVELOPMENT 'R NftoF PLANNING DIVISION enton vwil Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Albacore ACH, LLC ADDRESS: 9675 SE 361h St, Suite 105 CITY: ZIP: Mercer Island, WA 98040 TELEPHONE NUMBER: 206-588-1147 APPLICANT (if other than owner) NAME: Same as Owner COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: Justin Lagers COMPANY (if applicable): PNW Holdings, LLC ADDRESS: 9675 SE 36th Street, Suite 105 CITY: ZIP: Mercer Island, WA 98040 TELEPHONE NUMBER AND EMAIL ADDRESS: 206-588-1147 / 253-405-5587 Justin@pnwholdings,com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Concord Place PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 1508 Ilwaco Avenue NE Renton, WA 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 032305-9021 EXISTING LAND USE(S): Single Family Residential PROPOSED LAND USE(S): Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RLD- Residental Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NA EXISTING ZONING: R4 PROPOSED ZONING (if applicable): NA SITE AREA (in square feet): 177,683 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 43,065 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 4.2 NUMBER OF PROPOSED LOTS (if applicable) Thirteen (13) NUMBER OF NEW DWELLING UNITS (if applicable): NA R:\2014\1\14103\2\Documents\Final Plat\First Submittal\Concord Place -Final Plat-masterapp.doc Rev: 08/2015 PROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): One (Removed) SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA ION (continued) PROJECT VALUE: $3,262,935 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ F LOO D HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SE/SE QUARTER OF SECTION 3, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 11 AFFIDAVIT OF OWNERSHIP t, (Print Name/s) Michael Gladstein, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) ❑ the current owner of the property involved in this application or ® the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all res acts true and correct to the best of my knowledge and belief. Signatur ifOwner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that �n i Lh a6 1 C-�l �;DA S`% i Y7 _ signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Dated �� ttt t Il�r Notary Publi in and for the State of Washington VFs (ij "},r'•� Notary (Print): -- �Q zJ s Si ' a b AV9r. ACO My appointment expires: 8-061 /*,� ef'OF ,W •\x ` 2 llt%% R;\2014\1\1410312\Documents\Final Piat\First Submittal\Concord Place -Final Plat-masterapp.doc Rev; 08/2015 D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 14103 1106116 Legal Description: Concord Place Final Plat Parcel A: The north 677.44 feet of the west 112 of the west 1l2 of the southeast 114 of the southeast 114 of Section 3, Township 23 North Range 5 East., W.M., in King County, Washington; Except the west 130 feet of portion lying south of a line 339.5 feet south of the north line; Except that portion of said north 677.44 feet lying south of the following described line: Beginning at the intersection of the south line of the north 677.44 feet with the east line of the west 112 of the west 112 of the southeast 114 of the southeast 114 of said Section 3; thence north 87 degrees, 49 minutes and 08 seconds west along said south line a distance of 89.01 feet to the beginning of said line; thence north 67 degrees, 07 minutes, 57 seconds west a distance of 119.88 feet to intersection of the east line of the west 130 feet of the southeast 114 of the southeast 1/4 of said section 3, said intersection being terminus of line; Except portion, if any, conveyed to James L. Dixon, et ux, by deeds recorded under Recorders Nos. 6468344 and 7207120398. Parcel B: A non-exclusive easement for ingress and egress as created by instrument recorded as Recording Number 7609140487. 8:1201411114103121 Doc umenlslLegal s 1Site_14103. doc DEPARTMENT OF COMMUNITY �.':"' City of �.��.. r-:- i AND ECONOMIC DEVELOPMENT ~` COST DATA AND INVENTORY Project Name: Concord Place - AKA Maerins Ranch For City use only City WTa - Pralect Vwp- 3833 Numbers SWP- TRC- TED- TO: ED- TO: City of Renton FROM: Albacore ACH, LLC Development Engineering Plan Review 9675 SE 361h Saeet. Suite 105 1055 5 Grady Way, 6`t, Floor M"c Asiana, WA 98NO Renton, WA 98057 DATE: ON3112016 Per the request of the City of Renton, the following information is furnished concerning costs for improvements proposed to be installed for the above referenced project. {A(ATF$SYSTEM CONSTRUCTION COSTS: Type Length Size fl riches) RECEIVED WATERMAEN L.F of WATERMAIN i,F if WATERMAIN L.Fof MAR 11 2016 WATERMAIN L.F of GATE VALVES Each ofi REN TL11, GATE VALVES Each of Ft.fi tJ!!?,Li4i;wlsd GATE VALVES Each of FIRE HYDRANT ASSEMBLIES Each of (Cost of Fire Hydrants must be listed separately) $ Engineering Design Costs $ City Permit Fees $ Washington State Sales Tax $ TOTAL COST FOR WATER SYSTEM $ NA KCWD90 System SANITARY SEWER SYSTEM STORM DRAINAGE SYSTEM Type Length Size (Inches) Type Length Size SEWER MAIN PVC 661 L.F. of 8" STORM LINE CPF 794 L.F. of 12" SEWER MAIN L.F. of STORM LINE CPE 199 L.F. of 1S" SEWER MAIN LF, Of STORM FACILITYyauh 1 EA of 30' x 196' DIAMETER OF MANHOLES ` EA of 48" STORM INLET Type II 1 EA of 72' STORM CATCHBA&N Type I! 1L 13 EA of 24" Engineering Design Costs 59,25000 STORM CATCHBASIN Type II 3 EA of 48` City Permit Fees $3,961.46 Washington state Sales Tax $3,184 74 Engineering Design Costs sa.25o.00 (Sewer Stub -line between sewer main and private City Permit Fees 519,731.85 property line) 59,763.75 Washington State Sales Tax So.00 TOTAL COST FOR SANITARY SEWER SYSTEM 592,690.95 TOTAL COST FOR STORM DRAINAGE SYSTEM $430,179.89 STREET IMPROVEMENTS: (including curb, gutter, sidewalk, asphalt pavement, and street lighti ng) Curti, gutter, sidemllk, asphalt, ch8nnelizaton, street llgli&ng, permits, engineering and design costs • $212,539.87 SIGNALIZATION: (Including Engineering design costs, City permit fees, WA State sales tax) STREET LIGHTING: (Including Engineering design costs, City permitfees, WA Sate sales tax) Plat meet r hting s em -;110,324.00 Justin Lagers 206-598-1197 PRINT NAME PHONE SIG fSignatory m uihorl2ed agent or owner of subject development) H:\CEDIDatalForms-TemplateS\Self-Help Handouts\Public WoOsl COSTDATA forrn.doc 08/14 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 BILL OF SALE I Prof Name: Property Tax Parcel Number: Concord Place AKA Maertins Ranch 323059021 Project File #: Street [ntersection_ Address: U15-001308 NE 16th St. & Jericho Pi. NE 1508 1Waco Ave NE Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. ALBACORE ACH, LLC 1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: H:10ED\DatalForms-Templatcs\Self--Help HandoutOublic WorksIHILLSALE.doc Type Length Size (Inches) Water Main L -F. of Water Main L.F_ of Water Main L.F_ of Gate Valves Each of Gate Valves Each of Fire Hydrant Assemblies Each of SANITARY SEWER SYSTEM: Type Length Size (Inches) Sewer Main EYQ LF of 8" Sewer Main L.F. of Sewer Main L.F. of Diameter of Manholes 5 Each of 4 " Diameter of Manholes Each of Lift Stations Each of STORM DRAINAGE SYSTEM: Type Length Size (Inches) Storm Main LCPE 794 LF of 12" Storm Main LOPE 189 L.F. of 18" Storm Facility DETENTION VAULT 1 Each of 0'x1 ' Storm Inlet/Outlet STORMFILTER 1 Each of 72" Storm Catch Basin TYPE I/IL 13 Each of 24" Manhole TYPE 11 3 Each of 48" H:10ED\DatalForms-Templatcs\Self--Help HandoutOublic WorksIHILLSALE.doc STREET IMPROVNIENTS; (including Curb, Gutter, Sidewalk, Asphalt Pavement) Ourb, Gutter, Sidewalk 1,$3.55. L.F. Asphalt Pavement 2,498 S.Y. of or L.F. of Width STREET LIGHTING: 15 _ _ #E of Poles By this conveyance, Grantor will warraw and defcnr vw sale hereby made unto the Gmntze aysinst all ahs every person it pemym. whomsoever, lawfully Of iiwn8 or to claim the sure. This r.onvc IN WTINE said Grantor has caused r ancc small bind the heirs, executors, adminiti.=ors and asSiSLU FirGvec :his instrument to be executed this$THday of MARCH, 2p16 . IND IVIDIAL FORM OFACKI'O;VLCDGUEN7' Notary Seal must be within box 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 hertherr fru 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: REPiRE.SENTATIVE FORST OF ACXNCOOTE'DCAfFA7 Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that signed this instrument, on oath stated that helsbdthey was,'wem authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such partylparties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: H:ICEDIDatalFnrnts-Templatm\Self--help Handmna', lutdic Work91BILLSALE.doe H:10EDH Data\Forms-TemplateslSelf--Help HandouSIPnblie W0tks\HILLSAL6.doc Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING I l fl�r,, On this 8TH day of March 20J before me personally appeared ;��`��`� PAL `4a1,,i Michael Gladstein to me known to a2nager of the corporation that t ryy'� instrument, j executed the within and acknowledge the said instrument to be the free 4P and voluntary act and deed of said corporation, for the uses and purposes therein • '^ . mentioned. and each on oath stated that he/shewas authorized to execute said Or S instrument and that the seal affixed is the corporate seal of said corporation. + C UIIAS Notary Public in and for the State of Washington lrv'rQ Notary (Print) �r1 lC My appointment expires: H:10EDH Data\Forms-TemplateslSelf--Help HandouSIPnblie W0tks\HILLSAL6.doc i° i rrr First American First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 January 06, 2016 Justin Lagers ACH Homes, LLC 9675 SE 36th Street, Suite 105 Mercer Island, WA 98040 Phone: (206)588-1147 Fax: (206)588-0954 Title officer: Phone: Fax No.: E -Mail: Order Number: Escrow Number: Buyer: Owner: Property: Kristi Mathis (206)615-3206 (866)859-0429 kkmathis@firstam.com 2578272 2578272 1508 Ilwaco Ave NE Renton, Washington 98059 Attached please find the following item(s): Guarantee t RECEIVED F�,-� 02 (016 CITY CSF-RENTON PLA*j1PjG V'dV1 ION Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First. :Form 5003353 (7-1-14) !Page 1 of 10 mm � Guarantee Number: 2578272 ? �CLTA #14 Subdivision Guarantee (4-10-75)` I I Washington' ' Subdivision Guarantee First Americall ' ISSUED BY First American Title Insurance Company Guarantee i GUARANTEE NUMBER 50033532578272 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES ACH Homes, LLC the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company Cen+ris J. Gilmore PW1(16n( x`447 Jefhey 5. R�aNrzon Secregary This jacket was created electronically and constitutes an original document :Form 5003353 (7-1-14) }Page 2 of 10 _ Guarantee Number; 2578272 �CLTA #14 Subdivision Guarantee (4-1Q-75}` j i Washington; SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order, (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all Form 5003353 (7-1-14) Page 3 of 10 :Guarantee Number: 2578272 CLTA #14 Subdivision Guarantee (4-10-75) j ! Washington; S. 6. GUARANTEE CONDITIONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of Joss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of; (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by ;Form 5003353 (7-1-14) ;Page 4 of 10 €Guarantee Number; 2578272 T CLTA #14 Subdivision Guarantee (4-10-75) Washington; 9. 10. 11. GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the less of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the title Insurance Arbitration Rules of the American land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn,. Claims National Intake Center, 1 First American Way, Santa Ana, California 82707 Claims.NICOfirstam.com Phone: 888-632- 1642 Fax: 877-804-7606 .first American'.�tle :Form 5003353 (7--1-14) !Page 5 of 10 _ iGuarantee Number; 2578272CLTA #14 Subdivision Guarantee (4-10-75)` Washington FirstAmerican Schedule A Order No.: 2578272 Liability: $2,000.00 Name of Assured: ACH Homes, LLC Date of Guarantee: December 30, 2015 The assurances referred to on the face page hereof are: Title is vested in: ALBACORE ACH, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Fee: $350.00 Tax: $33.60 That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. S. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Farm 5003353 (7-1-14) ;Page 6 of 10 !Guarantee Number: 2578272 i CLIA #14 Subdivision Guarantee (4-10-75) i Washington; FirstArnerican Schedule B Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2578272 RECORD MATTERS 1. General taxes and assessments, if any, for the year 2016, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 032305902101 Assessed Land Value: $ 405,000.00 Assessed Improvement Value: $ 0.00 Note: Taxes and charges for 2015 were paid in full in the amount of $6,175.23. 2. Taxes which may be assessed and extended on any subsequent roll for the tax year 2016, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Albacore ACH, LLC, a Washington limited liability company Grantee/Beneficiary: U.S. Bank National Association d/b/a Housing Capital Company Trustee: U.S. Bank Trust Company, National Association Amount: $13,321,250.00 Recorded: October 28, 2015 Recording Information: 20151028001148 4. Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Auditor's File No.: 342932 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the .right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. 5. Easement, including terms and provisions contained therein: Recording Information: 4934627 In Favor of: Spiral M. Bosley For: Water line 6. Terms and conditions of ingress, egress and utilities easement over adjoining property recorded under recording number 7609140487. Affects: Parcel B beneficial easement 7. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 8106169002. Form 5003353 (7-1-14) fPage 7 of 10 Guarantee Number: 2578272 CLTA #14 Subdivision Guarantee (4-10-75) Washington: f 8. The terms and provisions contained in the document entitled "Declaration of Conditions, Covenants and Restrictions regarding Formation of a Utility Local Improvement District" Recorded: February 17, 1984 Recording No.: 8402170372 9. The terms and provisions contained in the document entitled "Agreement for Temporary Water Service" Recorded: April 04, 1986 Recording No.: 8604040747 10. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 20400908900007. 11. Memorandum of Agreement and the terms and conditions thereof: Between: Llora S. Maertins, as Trustee of Llora S. Maertins Revocable Trust UID 3-14-05 And: KBS Development Corporation, a Washington corporation and/or its successors or assigns Recorded: June 21, 2005 Recording Information: 20050621042061 12. Easement Agreement and the terms and conditions thereof: Between: Llora S. Maertins, as Trustee of Llora S. Maertins Revocable Trust UID 3-14-05 And: KBS Development Corporation Recorded: August 08, 2006 Recording Information: 20060808001642 13. Easement, including terms and provisions contained therein: Recorded: September 14, 2006 Recording Information: 20060914001333 In Favor of: City of Renton, a Washington municipal corporation For: Construction and maintenance of an access road for vehicular and pedestrian traffic 14. Covenant to bear the cost of construction, maintenance or repair of Water lines, easement for which was granted over other lands by instrument: Recorded: March 6, 2014 Auditor's Number: 20140306000425 15. Easement, including terms and provisions contained therein: Recorded: October 08, 2015 Recording Information: 20151008001478 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For; Electric transmission and/or distribution system Modification and/or amendment by instrument: Recorded: October 29, 2015 Recording Information: 20151029001392 Informational Notes, if any 5003353 (7-1-14) ;Page 8 of 10 ;Guarantee Number: 2578272 CLTA #14 Subdivision Guarantee (4-10- 5003353 (7-1-14) Page 9 of 10Guarantee Number: 2578272 CLTA #14 Subdivision Guarantee (4-1 r Washii Subdivision Guarantee F rst American ISSUED BY j First American Title Insurance company Schedule C GUARANTEE NUMBER 2578272 The land in the County of King, State of Washington, described as follows: 9-111.1801W-111 THE NORTH 677.44 FEET OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 23 NORTH RANGE 5 EAST., W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 130 FEET OF PORTION LYING SOUTH OF A LINE 339.5 FEET SOUTH OF THE NORTH LINE; EXCEPT THAT PORTION OF SAID NORTH 677.44 FEET LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET WITH THE EAST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE NORTH 87 DEGREES, 49 MINUTES AND 08 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 89.01 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 67 DEGREES, 07 MINUTES, 57 SECONDS WEST" A DISTANCE OF 119.88 FEET TO INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF LINE; EXCEPT PORTION, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX, BY DEEDS RECORDED UNDER RECORDERS NOS. 6468344 AND 7207120398. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS CREATED BY INSTRUMENT RECORDED AS RECORDING NUMBER 7609140487. :Form 5003353 (7-1-14) Page 10 of 10 ;Guarantee Number: 2578277 CLTA #14 Subdivision Guarantee (4-14-75) j Washington; DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CITY 4F -------�� Rentonjoth, WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS RECEIVED Planning Division = 0 2 2016 1055 South Grady Way -Renton, WA 98057 CITY OF RENi'ON Phone: 425-430-7200 1 www.rentonwa. oo PLANNINf_ nnrrernk. LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Arborist Report 4 Biological Assessment 4 Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2AND4 Deed of Right -of -Way Dedication 1 Density Worksheet 4 Drainage Control Plan z Drainage Report 2 Elevations, Architectural3ANDa Environmental Checklist 4 1-7 Existing Covenants (Recorded Copy)1AND4 Existing Easements (Recorded Copy) 1AND4 Flood Hazard Data 4 Floor Plans 3AND 4 Geotechnical Report 2AND 3 Grading Elevations & Plan, Conceptual 2 Grading Elevations & Plan, Detailed z Habitat Data Report 4 Improvement Deferral 2 Irrigation Plano PROJECT NAME: � �Q ail I coyoocl Ow DATE: / 112 ( 1,6 — 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs.docx Rev: 08/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual4 Landscape Plan, Detailed 4 Legal Description 4 Letter of Understanding of Geological Risk 4 Map of Existing Site ConditionS4 Master Application Form 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTS) 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary 4 Public Works Approval Lettere Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2 AND 4 Stream or Lake Study, Standard4 Stream or Lake Study, Supplemental Stream or Lake Mitigation Plan 4 C Street Profiles 2 Title Report or Plat Certificate IAND4 Topography Map 3 Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Analysis4 Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 H:\CED\Data\Forms-Templates\Self-Help Handouts\PIan ning\WaiversubrnAtalregs.docx Rev: 08/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2ANO 3 Inventory of Existing Sites 2AND 3 Lease Agreement, Draft 2ANO 3 Map of Existing Site Conditions 2AND 3 Map of View Area 2AND 3 Photosimulations 2AND 3 This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning HACED\Data\Forms-Template s\Self-Help Han douts\Planning\WaiversubmittaIreq s.docx Rev: 08/2015 i January 25, 2016 - i Project No. 14103 City of Renton Planning Division C I T'1 ��' '`�:`� �`�� 1055 South Grady Way PLANNING oiv�saona Renton WA 98057 Re: Concord Place Final Plat formally known as Maertins Ranch To Final Plat Reviewer: The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions dated March 15, 2415: 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non -Significance for the proposal. Mitigation Measures: 1. Project construction shall be required to comply with the recommendations found in the' Geotechnical Engineering Study prepared by Earth Solutions NW, LLC (dated October 29, 2074). These recommendations will be complied with by the completion of construction of site improvements as provided for on the approved construction drawing. 2. All proposed street names shall be approved by the City and all street name signs shall be installed prior to final plat approval. Street names have been provided Street name signs have been installed prior to final plat approval. 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (75).. The minimum radiuses have been provided. 4. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision development. This condition has beenmet with the completion of construction of the approved sanitary sewer facilities. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. 6. Any cable TV conduits shall be undergrounded at the same time as other basicFa.C,1>>; S2 ,-, z utilities are installed to serve each lot. Conduit for service connections shall be laid to 761 Fac[,: Cor =i'ij�i',, r_r�r', - ;.:3�.a ,,�r-i,_.ry - - - _Lit"Jr�': `€• _ ------ City of Renton January 25, 2016 Page 2 of 3 each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals.and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or landowner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company, shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. Necessary easements have been produced on the final plat. 7. The applicant shall comply with the monument and survey requirements of RMC 4-7-290. Monuments will be installed and the final plat has been prepared according to the survey requirements. S. The applicant shall submit an arborist report demonstrating to the satisfaction of City staff that the proposed vault construction will not adversely affect trees on adjoining property. Four copies of the arborist report prepared by Greenforest Incorporated, dated November 12, 2014 have been submitted with the first submittal of the final plat. The Applicant obtained a construction easement from the neighboring property owner. This was approved during the construction document phase of the project. 9. The applicant shall obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, ' detached garage and barn prior to Final Plat recording. The required permit has been obtained and the existing structures demolished 10_ Upon the extension and completion of the public road from NE 16th Street through to SR900, the future owners of Lot 5 & 6 may relinquish the combined 3,562 square feet of temporary cul-de-sac easement, pending installation of complete. frontage improvements in the right-of-way and approval by the City of Renton. Prior to recording, the applicant shall include similar language on the face of the plat. The easement is shown on Sheet 5 and the following note 7 is provided on Sheet 2 under Easement Notes. "The temporary turnaround easement shown on Lots 5, 6 and 7 is hereby granted and conveyed to The City of Renton, a political subdivision of The State of Washington, for temporary turnaround facilities. The Concord Place Homeowners Association is hereby responsible for the maintenance of said temporary turnaround facilities within said easement. This easement shall automatically terminate upon the extensions of the public right of way through the adjoining property. it shall be the responsibility of the developer extending said right of way to remove the improvements associated with the temporary turnaround and reconstruct the standard roadway cross. section through these areas." 11. The applicant shall provide two (2) frees within the rear yards of Lots 4, 5, 10, 11, 12, and 13 and one (1) tree within the 10 -foot lot landscaping along street frontage of Lot 6. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. The required trees are shown on the approved landscape plans and will be installed prior to and/or with building permit. City of Renton January 25, 2016 Page 3 of 3 12. The cul-de-sac shall be constructed to public street standards, in and out of the dedicated public right-of-way. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. 13. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. Street lighting plans have been submitted and approved. 14. The applicant shall create a Home Owners Association ("HOA") that maintains all landscaping improvements in Tract "A", all maintenance and repairs of the temporary access easement for the cul-de-sac turnaround and any and all other common improvements. A draft of the HOA documents shall be submitted to and approved by the City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such document shall be recorded concurrently with the Final Plat. The Concord Place Homeowners Association was established October 7, 2095. The required maintenance responsibilities are established on the final plat and the C,C&Rs have been submitted with the first submittal of the final plat. 15. Any proposal to convert the stormwater vault within Tract "A" to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7- 080M. 2. Tract A has been developed and approved with a stormwater vault. 16. The applicant shall be required to obtain a temporary construction easement for all work conducted outside of the applicant's property. The temporary construction easement shall be submitted to the City prior to any permits being issued or demonstrate that offsite trees can be saved during. construction. All required offsite easements have been submitted and approved and permits issued trust this will satisfy the City's Final Plat submittal requirement Sincerely yours, YR.ONG Consulting Engineers Inc. y Stephen J. Schrei, PLS Senior Project Surveyor SJS/Ics R:l20l4lnl4103121DocumentsIFinai Platl151229 14103 Renton-COA.Doc 9 �—. (12 , r1. �, PP61EGH4E MAER-PN5 RANCH Xxx—XXxx a c , - PIATJ41 ' �j1� jA,ly 4 n � r � a$Rn' 9 k M xais : Rb9ecX � 3z a 3 E� lit Rik R R Rloalp aV2 4 1g R 8 4j Aga Aax g ilit l g LZ[Ra ,= C= AAF?�.P22�eaauuesngQ II I�� µq y gSV��iCVR44µRRµµ9i RR � 1 w ; gaktl$aSMtlBk"a$.�$$$$$x I r i!dir R ; �A I R v till I I Jill R $ ' NE 18TH sT 1 I 13 02 2016 I TRACT A CITY OF pEtITON 2 PROPOSED PLAT OF 12 PIAN WG orvrSrov CONCORD PLACE i I 3 I 11 1 � N 4 10 GRAPHIC SCALE 9 Q . 50' 100' 1 INCH Q 100 FT. 8 W 2 J IL 0 7 I e I s COPYRIGHT Q 2076, D.R. STRONG CONSULTING ENGINEERS INC. CONCORD PLACE' [D ORAFTED B).- ff DRAFT✓=r? BY.� 8.1q 0VERALL PLA rPLAN DAMRELD 8°�. �' u� DAM: fI�llte i PROJECT NO.: 14M eva�m Pctina16+9 96aYEreVen SHE.- T 1 OF 6E077HAVHYfE 1d�M0, Mbl d07<!! O�.a01R! Ft>ei8Y21a x dwvm} Denis LawCity of Mayor ¢r v a � . January 8, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State 4. Department of Ecology' Environmental Review Section L_� 02. '1`.1116 PO Box 47703 Olympia, WA 98504-7703 CITY OF RENTON PLANNING Dlk'ISION Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on January 5, 2015: SEPA DETERMINATION: Determination of Non -Significance Mitigated (DNS -M) PROJECT NAME: Maertins Ranch Preliminary Plat PROJECT NUMBER: LUA14-001568, ECF, PP Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 23, 2015, 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 regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7289. For the Environmental Review Committee, Clark H. Close Associate Planner Enclosure cc: King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov City of DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA14-001568, ECF, PP APPLICANT: Justin Lagers, PNW Holdings, LLC PROJECT NAME: Maertins Ranch Preliminary Plat The applicant has submitted a proposal requesting SEPA Environmental Review and Preliminary Plat approval for a 13 -lot subdivision. The 4.079 acre site is located at 1508 Ilwaco Avenue NE within the Residential -4 zoning district (APN 0323059021). The parcel would be divided into 13 residential lots and one storm drainage tract and would result in a net density of 4.32 dwelling units per net acre. The drainage tract measures 10,496 square feet (sf) and consists of a stormwater detention vault. The proposed lots would range in size from 8,050 sf to 10,985 sf with an average lot size of 9,274 sf. Access to the site would be from NE 16th Street. No critical areas have been identified onsite. Soils consist of AgC, Alderwood gravelly sandy loam with slopes ranging from 8-15%. The existing site topography descends from the north towards the east, with an elevation change of 20 feet. The site contains one single-family residence, a detached garage, a barn, and associated gravel driveways on the site. All existing structures are proposed for demolition. There are 159 significant trees on the site and the applicant is proposing to retain 34 original trees. The applicant has submitted a Critical Area Report, Technical Information Report, Traffic Impact Analysis, Arborist Report, and a Geotechnical Engineering Study with the application. The applicant will dedicate 45,527 sf for public streets with an access road running north/south, through the property, to serve the new lots. PROJECT LOCATION: 1508 Ilwaco Ave NE LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 23, 2015. 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 more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: January 9, 2015 DATE OF DECISION: January 5, 2015 SIGNATURES: �t Gregg Zi er an, is J dministratar Mark Peterson, Administrator Public Wo Department Date Fire & Emergency Services Terry Higashiyama, Administrator C.E. "Chip" Vincent, Administrator Community Services Department Date Department of Community & Economic Development Date I / 1,5 Date DEPARTMENT OF COMMUNITY D o City of AND ECONOMIC DEVELOPMENT®; DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS -M) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-001568, ECF, PP APPLICANT: Justin Lagers, PNW Holdings, LLC PROJECT NAME: Maertins Ranch Preliminary Plat The applicant has submitted a proposal requesting SEPA Environmental Review and Preliminary Plat approval for a 13 -lot subdivision. The 4.079 acre site is located at 1508 Ilwaco Avenue NE within the Residential -4 zoning district (APN 0323059021). The parcel would be divided into 13 residential lots and one storm drainage tract and would result in a net density of 4.32 dwelling units per net acre. The drainage tract measures 10,496 square feet (sf) and consists of a stormwater detention vault. The proposed lots would range in size from 8,050 sf to 10,985 sf with an average lot size of 9,274 sf. Access to the site would be from NE 16th Street. No critical areas have been identified onsite. Soils consist of AgC, Alderwood gravelly sandy loam with slopes ranging from 8-15%. The existing site topography descends from the north towards the east, with an elevation change of 20 feet. The site currently contains one single-family residence, a detached garage, a barn, and associated gravel driveways on the site. All existing structures are proposed for demolition. There are 159 significant trees on the site and the applicant is proposing to retain 34 original trees. The applicant has submitted a Critical Area Report, Technical Information Report, Traffic Impact Analysis, Arborist Report, and a Geotechnical Engineering Study with the application. The applicant will dedicate 46,627 sf for public streets with an access road running north/south, through the property, to serve the new lots. PROJECT LOCATION: 1508 Ilwaco Ave NE LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions NW, LLC (dated October 29, 2014). ADIVISCIRY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Engineering Review Comments: Vicki Grover 425-430-7291 1 vgrover@rentonwa Recommendations: I have reviewed the application for Maertins Ranch Preliminary Plat generally located at 10918 144th Avenue SE and have the following comments: EXISTING CONDITIONS WATER: Water service is provided by King County Water District 90. SEWER: Sewer service is provided by the City of Renton. There is an existing 8 -inch gravity sewer main along NE 16th Street and an existing S inch gravity sewer main in llwaco Avenue NE. STORM. There is an existing 12 -inch storm conveyance in NE 16th Street and in Ilwaco Avenue N E. STREETS: There are frontage improvements in the area. CODE REQUIREMENTS WATER 1. Approved water plans from King County Water District 90 are required for the utility construction plan review. 2. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of all lots. 3. All plats shall provide separate water service stubs to each building lot prior to recording of the plat. SANITARY SEWER 1. Sewer service will be provided by the City of Renton. 2. All plats shall provide separate side sewer stubs to each building lot prior to recording of the Plat, 3. System development charge (SDC) for sewer is based on the size of the domestic meter size. Sewer fees for a %" meter or 1 -inch meter is $2,135.00 per new single-family lot. This is payable at the time the utility construction permit is issued. SURFACE WATER 1. A drainage plan and Preliminary Technical Information Report dated November 18, 2014 was submitted by D.R. Strong Consulting Engineers. The proposed 13 lot subdivision, zoned R-4, is subject to full drainage in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM. All core and six special requirements have been discussed in the report. The 4.079 acre site is located within the May Creek Drainage Basin. ERC Mitigation Measures and Advisory Notes Page 2 of 8 Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Condition and requires a flow control facility sized to match the flow duration of forested conditions. The applicant's engineer has designed a detention vault to be located in a tract at the northeast corner for the site and will discharge to the north east. The developed area breakdown values on page 17 are close to the values stated in the text on page 1. Please be consistent throughout the report with correct pervious/impervious area values. The mitigation requirements in Section 1.2.3.2.E will need to be addressed in more detail on the permit submittal. 2. All work proposed outside of the applicant's property will require a temporary construction easement be submitted to the City prior to any permits being issued. 3. Basic water quality will be provided using a StormFilter system. Appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. 4. A Geotechnical Engineering Study, dated October 29, 2014 was submitted by Earth Solutions NW, LLC. The report identifies the soils as glacial till. These soils will not support infiltration. Please address the perimeter drains around the vault as recommended on pages 8 and 9. 5. Surface water system development fee is $1,350.00 per new lot. Fees are payable prior to issuance of the construction permit. 6. A Construction Stormwater General Permit from Department of Ecology will be required. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. TRANSPORTATION/STREET 1. The 2015 transportation impact fee rate is $2,214.44 per new single family home. The transportation impact fee that is current at the time of building permit application will be levied. Payment of the transportation impact fee is due at the time of issuance of the building permit. Credit will be given to the existing home to be demolished. 2. A traffic analysis dated October 27, 2014, was provided by Northwest Traffic Experts. The proposed 13 -lot subdivision would average 124 daily vehicle trips. Weekday peak hour AM trips would generate 10 vehicle trips, with 8 vehicles leaving and 2 vehicles entering the site. Weekday peak hour PM trips would generate 13 vehicle trips, with 8 vehicles entering and 5 vehicles existing the site. Increased traffic created by the development will be mitigated by payment of transportation impact fees. 3. To meet the City's complete street standards, the new internal roadway is designed to meet the residential access roadway per City code 4-6-060. The new internal roadway has 53 -foot of right-of-way, with 26 feet of pavement, curb, gutter, an 8 -foot planter strip, a 5 -foot sidewalk. Street lighting shall be installed along both sides of the street. One side of the road will be marked No Parking. ERC Mitigation Measures and Advisory Notes Page 3 of 8 4. Existing right -of- way width in NE 16th Street fronting the site is approximately 25 feet. NE 16th Street is classified as Residential Access. To meet the City's complete street standards, street improvements including an 8 -foot planting strip behind the existing curb, a 5 -foot sidewalk, a 2 -foot strip back of sidewalk, storm drainage and street lighting will be required. To build this street section, approximately 25 feet of right-of-way will be required to be dedicated to the City along the project side in NE 16th Street. 5. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. GENERAL COMMENTS 1. Separate permits and fees for storm connections will be required. 2. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3. Rockeries or retaining walls greater than 4 feet in height will be require a separate building permit. Structural calculations and plans shall be submitted for review by a licensed structural engineer. Special inspection is required. 4. All fees quoted herein are for the 2015 calendar year. Fire Review - Building Comments: Corey Thomas 1425-430-7024 j cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid prior to recording the plat. Credit is granted for the removal of any existing homes. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300 feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. There is one existing fire hydrant in this area and it meets current code. A water availability certificate is required from King County Water District 90. 2. Fire department apparatus access roadways are required to be a minimum of 20 feet wide fully paved, with 25 feet inside and 45 feet outside turning radius. Fire access roadways shall be constructed to support a 30 ton vehicle with 322 psi point loading. Approved apparatus turnarounds are required for dead end roads exceeding 150 feet. An approved cul-de-sac type turnaround is required for dead end streets over 300 feet long. Per city ordinance all homes beyond 500 feet dead end will require an approved fire sprinkler system, this applies to Lots 5 and 6. ERC Mitigation Measures and Advisory Notes Page 4 of 8 Planning Review Comments Clark Close 1425-430-7289 1 cclose@rentonwa.gov Recommendations: 1. RMC section 4 4 030.0.2 limits haul hours between eight thirty (8:30) a.m. and three thirty (3:30) p.m., Monday through Friday unless otherwise approved in advance by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plants appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in anyway within the area defined by the drip line of any tree to be retained. 6. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING — Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. Police Review Comments: Cyndie Parks 1425-430-75211 sparks@rentonwa.gov Recommendations: Minimal CFS estimated annually. Technical Services Comments: Bob MacOnie 1425-430-7369 1 bmaconie@rentonwa.gov Recommendations: Preliminary Plat: Bob MacOnie 12/10/2014 The final plat document must be prepared under the direction of and stamped by a licensed "Professional Land Surveyor." ERC Mitigation Measures and Advisory Notes Page 5 of 8 Note the City of Renton land use action number and land record number, LUA14-001568 and LND10-0520, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network on the plat. The geometry will be checked by the city when the ties have been provided. Include the "SURVEYOR"S NOTES", "TITLE RESTRICTIONS" and "REFERENCES" blocks (currently noted on Sheet 2 of 8 of the preliminary plat submittal) in the final plat submittal. These blocks reference a statement of equipment and procedures (WAC32 130100), notes the date the existing city monuments were visited and what was found (WAC 332 130 150) and provides information to determine how the plat boundary was established. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided by the city when the final plat package is submitted. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments. Do include in the "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal. If the abutting properties are platted, note the lot numbers and plat name on the plat submittal, otherwise note said abutting properties as'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. ERC Mitigation Measures and Advisory Notes Page 6 of 8 Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. Provide City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a new Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat submittal and provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with icing County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. There needs to be language regarding the conveyance of" Tract A" (created by the plat); please check with the Stormwater Utility to see if they will require that the City be the owner of Tract "A". If not, and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of "Tract A" (the storm drainage area) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Maertins Ranch Homeowners' Association (HOA) for a storm drainage facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise falls to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. Otherwise, use the following language on the final plat drawing: Lots 1 through 13, inclusive, shall have an equal and undivided ownership interest in "Tract A". The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. ERC Mitigation Measures and Advisory Notes Page 7 of 8 Please discuss with the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current tittle report at the time of final plat submittal noting the vested property owner. Remove the heavy boundary line extending north of the west line of proposed Lot 1, crossing NE 16th Street. Community Services Comments: Leslie Betlach 1425-430-6619 1 Ibetlach@rentonwa.gov Recommendations: Parks Impact Fee per Ordinance 5670 applies. There are no impacts to Parks. ERC Mitigation Measures and Advisory Notes Page 8 of 8 DEPARTMENT OF COMMUNITY CI7V OF trlAND ECONOMIC DEVELOPMENT DENSITY WORKS.HEE,TECEIVED Planning Division 1055 South Grady Way -Renton, WA 98057 FFB 0 2 2016 Phone: 425-430-7200 J www.rentonwa.gov CITY OF RENTON PLANNING DIViSION 1. Gross area of property 177,683 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public Streets* 43,065 square feet Private access easements* NA square feet Critical Areas** NA square feet Total excluded area: 3. Subtract line 2 (total excluded area) from line 1 for net area 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 far net density *Alleys (public or private) do not have to be excluded. 43,065 square feet 134,618 square feet 3.0904 acres 13 units/lots 4.2 = dwelling units/acre **Critical Areas are defined as "Areas determined,by the City to be notsuitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands, or floodways." Critical Areas buffers are not deducted/excluded. 1 R:\2014\1\14103\2\Documents\Final Plat\First Submittal\Concord Place -Final Plat-density,doc Rev: 08/2015 OGreenforest Incorporated November 12, 2014 Justin Lagers PNW Holdings, LLC 9575 SE 36th Street, Suite 105 Mercer Island, WA 98040 RE: Arborist Report for Maertins Ranch 1508 Ilwaco Ave NE, Renton WA 98059 Dear Mr. Lagers: FEB 0 2 zOtiti CITY OF RENTON !PL€14!n`1;,�� TJlViSIC'f�1 This letter is my report of the significant trees at the above referenced site. I received a Topographic Survey prepared by DR Strong Consulting Engineers showing the location of the surveyed significant trees on site. My assignment is to inspect the trees and assess their condition. I visited the site 11/4/2014 and inspected the significant trees. The site has a slight northeastern aspect with a single-family residence and detached garage at the south end of the parcel. Much of the site is horse pasture, and includes a barn. Native trees border the east perimeter, and also stand as single trees or small groves throughout the site. initially inspected a total of 208 trees, which includes trees in the rights-of-way and on the adjoining parcels. Douglas -fir trees dominate the site in size and quantity. They are in fair to excellent shape, and most have asymmetric canopies from space competition with adjacent trees. All the Pacific madrones are diseased, which is typical for this species in this region. And they, more so than the firs, have lopsided canopies for the same reason. other species on site include Western hemlock, Incense cedar, Western red -cedar, Sweetgum and Red alder. This report inventories total of 122 healthy significant trees on the site. Trees that are off site, too small, within a R -O -W, or are either dead, dying or diseased are not included. Thirty-four (34) of the healthy trees are proposed for retention. TREE INSPECTION 4547 South Lucile Street, Seattle, WA 98118 Tel. 206-723-0656 Justin Lagers, PNW Holdings, LLC RF: Arborist Report for Maertins Ranch 11/12/14 Page 2 of 13 visually inspected each tree from the ground and assessed both tree health and structure. A tree's structure is distinct from its health. This inspection identifies what is visible with both. Structure is the way the tree is put together or constructed, and identifying obvious defects can be helpful in determining if a tree is predisposed to failure. Health addresses disease and insect infestation. Trees rated a '1' for condition are healthy and vital, and have no visible defects or diseases. Trees rated a 7 for condition are healthy trees and have minor defects that, if retained within a grove or stand of trees, will not affect their usefulness as a landscape tree once development is complete. Non -healthy trees are rated a '3' for condition, and are either dead, dying or diseased trees, and/or are defective and have significant defects that make them high risk trees, being predisposed to failure, or are not likely to continue to grow and thrive once the site is developed. No invasive procedures are performed on any trees. The results of this inspection are based on what is visible at the time of the inspection. The attached table provides the following information for each tree: Tree Status Indicates if tree is Offsite, within a ROW, DDD (either dead, diseased, dying or defective and hazardous), Removed (healthy and removed), or Retained (healthy and retained). Tree number Shown on the attached plan. Tree Species Common name. DBH Stern diameter in inches measured 4.5 feet from the ground. Dripline Average canopy radius measured in feet. Comments Obvious minor structural defects visible at time of inspection, which includes: Asymmetric canopy— the tree has an asymmetric canopy from space and light competition from adjacent trees. Dogleg in trunk -- trunk with bow or bend in trunk. Double leader—the tree has multiple stem attachments, which may require maintenance or monitoring over time. Included bark - Bark inclusion at attachment of multiple leaders and is preventing a wood -to -wood attachment Lean —Angle of the trunk leans away from vertical. Resin Flow —oozing resin on lower trunk. Suppressed Canopy—tree crowded by larger adjacent trees; with defective structure and/or low vigor. Retain tree only as a grove tree, not stand- alone. Greenforest ('J Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 3 of 13 LIMITS OF DISTURBANCE FOR RETAINED TREES Limits of disturbance (LOD) are established for the 34 retained trees. These limits define the distance from the center of the tree where soil can be disturbed or filled without jeopardizing the health or the stability of the tree, on one side of the tree. (Canopy extension or dripline is frequently used to define a tree protection zone for retained trees. But branch extinction is an inaccurate predictor of root extension. Trees growing in a grove or a tight formation have considerably wider or longer driplines because of competition for space and light than compared to the same size and species of tree standing alone. Trunk diameter is a far better measure of root extension, and is consistent with ISA BMPs1 for developing tree protection zones.] The LOD for the retained trees are established using the size of the trunk (DBH), diameter of the rootplate, and the current condition of the tree.'3'4 These LOD are established with the assumption that any soil disturbance, either cut or fill, will occur on one side of the tree only. And that the area within the DL of the remaining half of the tree's circumference will be protected and undisturbed. The disturbance proposed for the retained trees is fill of soil on no more than half of the circumference of the tree. No excavation or soil cuts are proposed near any retained trees. It is my opinion that providing protection for the roots of these trees at these minimum distances, and limiting the disturbance to soil fill on only one side of the tree, is sufficient to protect both tree health and stability. TREE PROTECTION ZONES Tree protection zones for the retained trees should be equal to the tree's DL for one-half the tree's circumference, and the LOD for up to one-half the tree's circumference. When shown on a plan, they will not be a symmetric circle. They will, however, be an area of sufficient size to adequately protect roots and soil, and preserve tree health and vitality. The following table lists the 34 retained trees and defines the tree protection zone (TPZ) for each tree. The TPZ for each tree is either an established LOD, which is listed as radius in feet, or the tree's DL. For most trees, the TPZ will be limited by the property line (PL). 1Companion publication to the ANSI A300 part 5: (Management of Trees and Shrubs During Site Planning, Site Development, and Construction). 2008. ISA. 2 E. Thomas Smiley, Ph. D. Assessing the Failure Potential of Tree Roots, Shade Tree Technical Deport. Bartlett Tree Research Laboratories. 3 Fite, Kelby and E. Thomas Smiley. 2009. Managing Trees During construction; Port Two. Arborist News. ISA. 4 Coder, Kim D. 2005. Tree Biomechanics Series. University of Georgia School of Forest Resources. Greenforest (�) Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 4 of 13 Tree Protection Zones for Retained Trees. Greenforest (�) Registered Consulting Arborist TPZ Tree No. DBH Species DL N E 5 W 5079 10" Douglas -fir W 5' 5' DL DL 5080 12 Douglas -fir 10 6 6 DL DL 5081 8 Douglas -fir 6 4 4 DL DL 5082 12 Douglas -fir 12 6 6 DL DL 5083 10 Douglas -fir 12 5 5 DL DL 5100 30 Douglas -fir 16 DL 15 DL PL 5191 8 Douglas -fir 10 DL 4 DL PL 5192 10 Douglas -fir 10 DL 5 DL PL 5194 10 Douglas -fir 10 DL 5 DL PL 5569 10 Douglas -fir 12 DL PL DL 5' 5570 10 Douglas -fir 6 DL PL DL 5 5571 12 Douglas -fir 12 DL PL DL 6 5572 16 Douglas -fir 14 DL PL DL 8 5573 8 Douglas -fir 6 DL PL DL 4 5574 12 Douglas -fir 14 DL PL DL 6 5575 10 Douglas -fir 8 DL PL DL 5 5576 12 Douglas -fir 10 DL PL DL 6 5577 8 Douglas -fir 8 DL PL DL 4 5578 10 Douglas -fir 12 DL PL DL 5 5581 38 Western red -cedar 16 DL PL DL 19 5583 14 Western red -cedar 10 DL PL DL 7 5615 8 Douglas -fir 10 DL PL DL 4 5672 10 Western red -cedar 10 DL 5 DL PL 5672a 7 Western red -cedar 10 DL 4 DL PL 5673 8 Western red -cedar 10 DL 4 DL PL 5674 12 Western red -cedar 10 DL 6 DL PL 5811 14 Douglas -fir 16 DL PL DL 7 5812 10 Douglas -fir 14 DL PL DL 5 5813 18 Douglas -fir 16 OL PL DL 9 5814 8 Douglas -fir 6 DL PL DL 4 5815 10 Douglas -fir 14 DL PL DL 5 5816 10 Douglas -fir 14 DL PL DL 5 6082 8 Madrone 7 DL PL DL 4• 6084 6 Douglas -fir 6 DL PL DL 3 Greenforest (�) Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 1.1/12/14 Page 5 of 13 ;n0 ely, eenForest, In By Favero Greenf st, M. S. ISA Certified Arborist # PN -0143A ASCA Registered Consulting Arborist #379 ISA Tree Risk Assessment Qualified Digitally signed by Favero Greenforest St DN: cn=Favero Greenforest, o, oe, Favero Greenfore email=greenforestinc@mindspring.cam, c=US Date: 2014.1 1.12 15:57:26 -08'00' Attachments: 1. Assumptions & Limiting Conditions 2. Tree Inventory 3. Tree Retention Plan Greenforest Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 6 of 13 Attachment No. 1— Assumptions & Limiting Conditions 1) Afield examination of the site was made 11/4/2014. My observations and conclusions are as of that date. 2) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/arborist can neither guarantee nor be responsible for the accuracy of information provided by others. 3) Ownership and use of consultant's documents, work product and deliverables shall pass to the Client only when ALL fees have been paid. 4) Unless stated other wise: 1) information contained in this report covers only those trees that were examined and reflects the condition of those trees at the time of inspection; and 2) the inspection is limited to visual examination of the subject trees without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied that problems or deficiencies of the subject tree may not arise in the future. 5) 1 am not a surveyor, and every effort was made to match the trees on the survey with those in the field. b) The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made. 7) Loss or alteration of any part of this report invalidates the entire report. 8) This report and any values/opinions expressed herein represent the opinion of the consultant/appraiser, and the consultant's/appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 9) Construction activities can impact trees in unpredictable ways. All retained trees should be inspected at the competition of construction, and regularly thereafter as part of ongoing maintenance. Greenforest (�) Registered Consulting Arborist Justin Lagers, PNW Moldings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 7 of 13 Attachment No. 2 —Tree Inventory Tree Status Tree No. DBH species DL Condition Notes Remove 1 10 Douglas -fir 10 2 Asymmetric canopy Remove 2 12 Douglas -fir 10 2 Asymmetric canopy Remove 3 7 Douglas -fir 10 2 Asymmetric canopy Remove 4 7 Douglas -fir 10 2 Asymmetric canopy ROW 5 6 Douglas -fir 8 1 Remove 6 6 Douglas -fir 8 2 Asymmetric canopy Remove 7 7 Douglas -fir 8 2 Asymmetric canopy Remove S 7 Douglas -fir 8 2 Asymmetric canopy Remove 9 6 Douglas -fir 8 2 Asymmetric canopy Remove 10 7 Douglas -fir 12 2 Asymmetric canopy Remove 11 6 Douglas -fir 8 2 Asymmetric canopy Remove 12 6 Douglas -fir 6 2 Asymmetric canopy Remove 13 7 Douglas -fir 6 2 Asymmetric canopy Remove 14 7 Douglas -fir 8 2 Asymmetric canopy Remove 15 7 Douglas -fir 10 1 Offsite 5041 6" Ginkgo 4' 1 Offsite 5069 16 Douglas -fir 12 2 Asymmetric canopy Offsite 5070 14 Douglas -fir 12 2 Asymmetric canopy Offsite 5071 10 Douglas -fir 12 2 Suppressed canopy Offsite 5072 10 Douglas -fir 12 2 Suppressed canopy Offsite 5073 10 Douglas -fir 12 2 Suppressed canopy Offsite 5074 26 Douglas -fir 16 2 Asymmetric canopy Retain 5079 10 Douglas -fir 8 2 Asymmetric canopy Retain 5080 12 Douglas -fir 10 2 Asymmetric canopy Retain 5081 8 Douglas -fir 6 2 Suppressed canopy Retain 5082 12 Douglas -fir 12 2 Asymmetric canopy Retain 5083 10 Douglas -fir 12 2 Asymmetric canopy Remove 5084 16 Douglas -fir 12 2 Asymmetric canopy Remove 5085 16 Douglas -fir 14 2 Asymmetric canopy Remove 5086 12 Douglas -fir 14 2 Asymmetric canopy Remove 5088 16 Douglas -fir 14 2 Asymmetric canopy Remove 5098 22 Douglas -fir 16 2 Asymmetric canopy Remove 5099 54 Douglas -fir 20 2 Double leader, included bark, resin flow Retain 5100 30 Douglas -fir 16 1 Remove 5108 30 Douglas -fir 18 2 Asymmetric canopy Remove 5109 24 Douglas -fir 16 2 Asymmetric canopy Greenforest (�) Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 8 of 13 Tree Status Tree No. DBH Species D1_ Condition Notes Remove 5110 36 Douglas -fir 18 2 Double leader Remove 5111 26 Douglas -fir 16 1 Remove 5112 34 Douglas -fir 18 1 Remove 5160 30 Douglas -fir 18 1 DDD 5161 10 Douglas -fir 0 3 Dead Remove 5162 30 Douglas -fir 16 1 Remove 5163 40 Douglas -fir 20 1 Retain 5191 8 Douglas -fir 10 1 Retain 5192 10 Douglas -fir 10 1 Retain 5194 10 Douglas -fir 10 1 ROW 5419 8 Douglas -fir 10 2 Asymmetric canopy ROW 5420 8 Douglas -fir 10 2 Asymmetric canopy ROW 5421 14 Douglas -fir 16 2 Asymmetric canopy Remove 5422 14 Douglas -fir 16 2 Asymmetric canopy Remove 5423 10 Douglas -fir 12 2 Asymmetric canopy ROW 5424 10 Douglas -fir 12 2 Asymmetric canopy ROW 5425 8 Dougias-fir 10 2 Asymmetric canopy ROW 5426 8 Douglas -fir 10 2 Asymmetric canopy ROW 5427 8 Douglas -fir 10 2 Asymmetric canopy ROW 5428 10 Douglas -fir 12 1 Remove 5429 8 Douglas -fir 10 1 Remove 5430 10 Douglas -fir 12 2 Asymmetric canopy Remove 5431 10 Douglas -fir 12 2 Asymmetric canopy Remove 5432 S Douglas -fir 10 2 Asymmetric canopy Remove 5433 14 Douglas -fir 12 1 Remove 5434 10 Douglas -fir 12 1 Remove 5439 8 Douglas -fir 8 2 Suppressed, dup w/5470 Offsite 5443 10 Pacific madrone 8 2 Diseased ROW 5446 26 Douglas -fir 16 1 Remove 5447 32 Douglas -fir 16 1 Remove 5448 32 Douglas -fir 18 1 ROW 5449 26 Douglas -fir 16 3 Shoots dying, tree in decline ROW 5450 22 Douglas -fir 14 1 ROW 5451 18,18 Douglas -fir 14 2 Double leader Remove 5455 10 Douglas -fir 12 2 Suppressed canopy Remove 5456 14 Douglas -fir 12 2 Asymmetric canopy Remove 5457 26 Douglas -fir 16 1 Greenforest Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 9 of 13 Tree Status Tree No. DBH Species DL Condition Notes Remove 5458 12 Douglas -fir 10 2 Suppressed canopy Remove 5468 10 Douglas -fir 14 1 Remove 5469 8 Douglas -fir 12 1 Offsite 5471 10 Douglas -fir 2 Girdled by wire fence Remove 5472 20 Western hemlock 12 1 Remove 5473 28 Douglas -fir 16 1 Remove 5474 12 Douglas -fir 14 1 Remove 5475 22 Douglas -fir 14 1 Remove 5476 26 Douglas -fir 18 2 Asymmetric canopy Remove 5477 30 Douglas -fir 18 2 Asymmetric canopy Remove 5478 28 Douglas -fir 18 1 Remove 5479 10 Douglas fir 12 1 Remove 5480 12 Douglas -fir 14 1 DDD 5481 10 Red alder 10 3 Tree leans Offsite 5482 8 Douglas -fir 10 1 Offsite 5483 8 Pacific madrone 6 2 Asymmetric canopy Remove 5484 12 Douglas -fir 10 2 Asymmetric canopy Remove 5485 10 Douglas -fir 6 2 Suppressed canopy Remove 5486 16 Douglas -fir 12 2 Asymmetric canopy Remove 5487 22 Douglas -fir 14 1 Offsite 5488 10 Douglas -fir 10 2 Asymmetric, girdled by barbed wire Offsite 5489 16 Douglas -fir 14 2 Asymmetric canopy Remove 5490 8 Douglas -fir 6 2 Asymmetric canopy Remove 5491 12 Douglas -fir 10 2 Asymmetric canopy Remove 5561 30 Douglas -fir 18 1 Remove 5562 30 Douglas -fir 20 1 Remove 5563 28 Douglas -fir 16 1 ROW 5564 36 Douglas -fir 20 1 ROW 5565 36 Douglas -fir 25 1 Remove 5566 22 Douglas -fir 16 2 Asymmetric canopy Remove 5567 28 Douglas -fir 18 2 Asymmetric canopy Remove 5568 12 Douglas -fir 14 1 Retain 5569 10 Douglas -fir 12 2 Asymmetric canopy Retain 5570 10 Douglas -fir 6 2 Suppressed canopy Retain 5571 12 Douglas -fir 12 2 Asymmetric canopy Retain 5572 16 Douglas -fir 14 2 Asymmetric canopy Retain 5573 8 Douglas -fir 6 2 Suppressed canopy Greenforest Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 10 of 13 Tree Status Tree No. DBH Species DL Condition Notes Retain 5574 12 Douglas -fir 14 2 Asymmetric canopy Retain 5575 10 Douglas -fir 8 2 Asymmetric canopy Retain 5576 12 Douglas -fir 10 2 Asymmetric canopy Retain 5577 8 Douglas -fir 8 2 Asymmetric canopy Retain 5578 10 Douglas -fir 12 2 Suppressed, dog leg in upper trunk DDD 5579 10 Red alder 14 3 Trunk decay DDD 5580 10 Douglas -fir 8 3 Tree previously topped, trunk decay Retain 5581 38 Western red -cedar 16 1 Too small 5582 5 Douglas -fir 8 3 Suppressed canopy Retain 5583 14 Western red -cedar 10 2 Asymmetric canopy Offsite 5584 10 Douglas -fir 14 2 Asymmetric canopy Offsite 5585 14 Douglas -fir 16 2 Asymmetric canopy Remove 5586 16 Douglas -fir 14 1 Retain 5615 8 Douglas -fir 10 1 Remove 5616 10,12 Incense cedar 8 2 Double leader Remove 5617 14 Dougias-fir 16 1 Remove 5618 16 Douglas -fir 14 1 Remove 5619 16 Incense cedar 10 1 Remove 5620 14 Douglas -fir 14 1 Too small 5621 4 Walnut 12 3 Branch failure, sap sucker Remove 5622 36 Douglas -fir 20 1 ROW 5623 8 Douglas -fir 10 1 ROW 5624 8 Douglas -fir 10 2 Suppressed canopy ROW 5625 12 Douglas -fir 14 2 Asymmetric canopy ROW 5626 14 Douglas -fir 14 2 Asymmetric canopy ROW 5627 14 Douglas -fir 14 2 Asymmetric canopy ROW 5628 14 Douglas -fir 14 2 Asymmetric canopy ROW 5630 24 Douglas -fir 16 1 Remove 5655 36 Douglas -fir 18 2 Asymmetric canopy Remove 5656 20 Douglas -fir 14 2 Asymmetric canopy Remove 5657 28 Douglas -fir 16 2 Asymmetric, resin flow Offsite 5659 24 Douglas -fir 16 1 Offsite 5660 24 Douglas -fir 16 1 Offsite 5661 10 Douglas -fir 12 2 Asymmetric canopy Offsite 5662 12 Douglas -fir 12 2 Asymmetric canopy Offsite 5663 8 Douglas -fir 6 2 Suppressed canopy Offsite 5664 12 Douglas -fir 10 2 Asymmetric canopy Greenforest (') Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 11 of 13 Tree Status Tree No. DBH Species DL Condition Notes Offsite 5665 12 Douglas -fir 10 2 Asymmetric canopy Offsite 5666 18 Douglas -fir 14 2 Asymmetric canopy Retain 5672 10 Western red -cedar 10 2 Asymmetric canopy Retain 5672A 7 Western red -cedar 10' 2 Asymmetric canopy Retain 5673 8 Western red -cedar 10 2 Asymmetric canopy Retain 5674 12 Western red -cedar 10 2 Asymmetric canopy Remove 5709 42 Douglas -fir 20 1 ROW 5728 12 Douglas -fir 14 2 Asymmetric canopy Offsite 5737 12,20 Western red -cedar 14 2 Double leader Remove 5738 18 Douglas -fir 16 1 Remove 5739 20 Douglas -fir 16 1 Remove 5740 46 Douglas -fir 20 1 Remove 5741 10 Douglas -fir 14 1 Offsite 5789 Offsite 5790 Offsite 5791 Offsite 5810 14,14 Douglas -fir 16 2 Double leader Retain 5811 14 Douglas -fir 16 1 Retain 5812 10 Douglas -fir 14 2 Asymmetric canopy Retain 5813 18 Douglas -fir 16 2 Asymmetric canopy Retain 5814 8 Douglas -fir 6 2 Asymmetric canopy Retain 5815 10 Douglas -fir 14 2 Asymmetric canopy Retain 5816 10 Douglas -fir 14 2 Asymmetric canopy Remove 5817 12 Sweetgum 10 1 Remove 5818 12 Douglas -fir 14 1 Offsite 5915 8 Madrone 6 2 Diseased ROW 5916 ROW 5917 ROW 5918 ROW 5919 ROW 5920 ROW 5921 ROW 5922 ROW 5923 ROW 5924 ROW 5925 ROW 5930 Green€crest Q Registered Consulting Arborist Justin Lagers, PNW Holdings, LLC RE: Arborist Report for Maertins Ranch 11/12/14 Page 12 of 13 Tree Status Tree No. DBH Species DL Condition Notes ROW 6081 28 Douglas -fir 18 1 Retain 6082 8 Madrone 7 2 Asymmetric, lean Retain 6084 6 Douglas -fir 6 2 Asymmetric canopy Offsite 6086 14 Douglas -fir 12 1 Offsite 6087 10,10 Madrone 8 2 Diseased Offsite 6088 9 Douglas -fir 10 2 Asymmetric canopy Offsite 6089 8 Douglas -fir 86 2 Asymmetric canopy Offsite 6090 6 Douglas -fir 8 2 Asymmetric canopy Offsite 6091 6 Douglas -fir 10 2 Asymmetric canopy Remove 6092 8 Douglas -fir 6 2 Asymmetric canopy Offsite 6093 6 Douglas -fir 6 2 Asymmetric canopy Offsite 6094 10 Madrone 12 2 Asymmetric, diseased Offsite 6095 8 Madrone 6 2 Asymmetric, diseased Remove 6096 10 Douglas -fir 6 2 Asymmetric canopy Remove 6098 6 Douglas -fir 6 2 Asymmetric canopy Remove 6100 6 Douglas -fir 8 2 Asymmetric canopy Remove 6101 6 Douglas -fir 10 2 Asymmetric canopy Diseased 6102 8 Madrone 14 2 Asymmetric, diseased Diseased 6103 12 Madrone 6 2 Asymmetric, diseased Remove 6105 14 Douglas -fir 14 1 Remove 6111 7 Douglas -fir 6 2 Asymmetric canopy Remove 6112 6 Douglas -fir 6 2 Asymmetric canopy Too small 6.113 5 Douglas -fir Remove 6114 6 Douglas -fir 6 2 Asymmetric canopy Tree Status: Mite -tree is on adjoining parcel. ROW- tree is within right-of-way. DDD- either dead, diseased, dying or defective (hazardous). Remove- tree is healthy and will be Remove. Retain- tree is healthy and will be Retain. Greenforest ® Registered Consulting Arborist Ju,Ln Lagcrw PV ng,, LLC KE: A,b.,M Rrp.,r. -r %1—tins I —h 11112i14 Parc 13 413 Att hm nt Vo.3 - Tr<r RUmc n, Ian � � � , 8 • 5443 5458 5456 45 �.: 2 2 �� .. _45f: —545-sL., 511.2 o 08.1— 543 54 6095 ti I 171 I I 46094 _5 19 I Abe, 50 X474 jlf 5 ,I I f_ D893 .-.6D88 s I 5r1a I $ I" e I _ s�7r L _ _� 5477" 41 sf61' saa7 I I I 'lsrso . I _ -bass $915 15 g `. 4 -.5482 5483 II •,,,.�-15478 "', -- 5488 5469 ....., .. ...__, .......... ', 5361 -: 5,56 ,, 1 vo�v'S4 .. :I. 5GS5 r...... 1 '. T$ 5655 L- - 3 1 7 - _ - _-- 506 53D73 a I [ , .55 56591` " 30— _ — — — — 5660-' -. 5562- . 5664 5 55 67' 566. Y :561 .. ... $ ` 27 27 628 ., 7 y \ l sari " J 5709 c = — l I: � � I rl1 4 1 I I p ! sa�a -- 7.401 t ara I _ _ .9737 - .. ... '0 ,Sqp TE S pF ASS STAIne T of o � l *tat „ •. `'�''' �---� goy . ' . secretary of ,state RECEIVED �_LB a 2 2010 CITY OF k)ENTo l T, KIM WYMAN, Secretary of State of the State of Washington and custodi*YN%G DIVISION seal, hereby issue this CERTIFICATE OF INCORPORATION to CONCORD PLACE HOMEOWNERS ASSOCIATION a/an WA Non -Profit Corporation. Charter documents are effective on the date indicated below. ..:.:::::... WN r.::: 3 ...rr uu■ .rryr lON:: w... ..rrrr w...r.. our. v.:.:w rrrru. - -�.... no Date: 10/7/2015 UBI Number: 603-553-338 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital 75�a �Ov� Kim Wyman, Secretary of State Date Issued: 10/23/2015 Of Page 1 of 1 c 08/29/15 2985280- 001 "^ $20.00 K -SECRETARY �Oo tid__3055572 $ � Name Reservation FILED I• SECRETARY OF STATE See attached detailed instructions AUGUST 28, 2015 k TATE OF WASHINGTOW, ❑ See Entity Type for Fees ❑ Expedited Service $50.00 Expiration Data: 02/24/2016 Registration Number: 9600 DAME RESERVATION Chapter 233, 24.03, 25.10, 25.15, 25.05 RCW SECTION 'I NAME OF ENTITY TO BE RESERVED: (List alternates in order of preference) A CONCORD PLACE HOMEOWNERS ASSOCIATION B. Q. SECTION 2 (Select the entity We that applies, see instructions for requirements) ❑ Limited Liability Company (LLC) $30 ❑ Profit Corporation 30 ❑ Non-profit Corporation $20 ❑ Limited Partnership (LP) $30 ❑ Limited Liability Partnership (LLP) $30 SECTION 3 NAME, ADDRESS, AND SIGNATURE OF APPLICANT Name: Albacore-ACH, LLC - Attn: Justin Lagers Address: 9675 SE 36th Street, Suite f05 C1ty Mercer Island State WA Zip Code 98040 NAME AND ADDRESS OF CLIENT (if different from the applicant) Name: Address: X State Zip Code Is tee ay execUte-d. rpenalffes of perjury, and is, to Bre best of my knowledge, tare and eamerL rDirector 08!25/2015206-588-1147 Title name reservations will be valid for ISO days from Phone Number Name Reservation Washington Secretary of State Revised 05/11 PLAT NAME RESERVATION CERTIFICATE TO: JUSTIN LAGERS 9675 SE 36TH STREET, SUITE 105 MERCER ISLAND, WA 98040 PLAT RESERVATION EFFECTIVE DATE: August 31, 2015 The plat name, CONCORD PLACE has been reserved for future use by ALBACORE-ACH LLC. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire August 31, 2016, one year from today. It may be renewed one year at a time not been recorded or the reservation renewed by the above date it will be deleted. aCs •,�� • z ! irmn :King County.. Mi NINGI it, ueputyAUaitor filed dig, If the plat has VFD `, 1 2F�v�hc 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) 10 RE: Maertins Ranch Preliminary Plat FINAL DECISION 11 ) LUA14-001568 } 12 ) } 13 3 14 SUMMARY 15 16 The applicant requests preliminary plat approval for the subdivision of 4.09 acres into 13 single - family residential lots at 1508 Ilwaco Ave NE. The preliminary plat is approved subject to 17 conditions. 18 TESTIMONY 19 Clark Close, Renton associate planner, summarized the staff report. He noted there are no critical 20 areas on site. Mr. Close noted that during construction staff will monitor whether any project 21 construction would adversely affect tree roots of neighboring properties. 22 Maher Joudi, on behalf of the applicant, noted that the vault would be shored on the side of adjoining property to ensure that roots of neighboring properties would not be damaged. An arborist has 23 already determined limits of disturbance for the neighboring roots as well. 24 Claudia Donnelly, neighbor, testified she lives about a quarter mile from the project site. She questioned why best management practices referenced in the staff report for flow control aren't 25 required as conditions of approval. She showed photographs of flooding on her property caused by 26 Windstone development. She read excerpts from the May Creek Basin Plan that concluded that detention ponds were not effective in preventing flooding from new development. The Pian noted PRELIMINARY PLAT - 1 2 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 that stormwater from new development has adversely affected May Creek. She noted in the Tiffany Park hearings there was testimony that the removal of trees will remove 75% of the ability of the property to process stormwater. She noted that pervious pavement should be used to mitigate stormwater impacts and/or a level 3 vault and level 3 flow controls. She questioned why downstream analysis did not extend down to her property. She wanted to know why flow control measures aren't taken now. She noted that Windstone stormwater facilities have broken twice and flooded her property with yellow water. She noted she had no flooding problems prior to Windstone. Her husband has measured flood waters up to 18 inches deep. Steve Lee, Renton Development Engineering Manager, testified that the Green's Creek flooding depicted in Ex. 29 was part of a large flood event. Greens Creek has historically had periods of flooding in different parts of the river. Windstone was a King County project that started in King County and ended up in the City of Renton after annexation. Windstone stormwater design was initially subject to the 1990 manual and later stages were designed under the 1998 manual. The 1990 manual required smaller ponds. The 1998 manual required larger ponds. Under the current 2009 manual, the ponds are required to be even larger. Maher Joudi noted that 2009 manual requires adherence to the best management practices (bmp) referenced by Ms. Donnelly. The applicant is required to comply with those bmps during final engineering review whether they are required in the preliminary plat conditions of approval or not. The prior stormwater manuals used to govern Windstone didn't require the modeling of the rainfall patterns of the area. Current durational modeling requires assessments to be based upon a storm on top of a storm on top of a storm and to study the flow characteristics resulting from such events. The current manual now requires stormwater controls to mimic pre -development conditions, which was not required for Windstone. Ms. Connelly's flooding complaints were not addressed in the downstream analysis because the current manual only requires assessment of complaints less than ten years old. Ms. Connelly's complaints were more than ten years old. Unlike Windstone, the detention facility for the proposal is an underground vault where breaking is not near as likely as the open air facilities of Windstone. Matching pre -development stormwater conditions will reduce erosion on off-site properties. The retention capacity analysis done under the manual takes into account the loss of trees. It should also be noted that the project site is already heavily cleared and developed, so that downstream property owners will likely see a reduction stormwater flows since the manual requires the applicant to mimic fully treed (undeveloped) conditions. Mr. Joudi further noted that downstream Level 3 analysis is only required for recurring historical stormwater problems. If there have been no complaints in the past ten years, as here, Level 3 analysis would not be triggered. Mr. Lee clarified that bmps are not made conditions of subdivision review because they are required by the manual. The manual requirements are imposed during the utility construction permit stage of review. PRELIMINARY PLAT - 2 EXHIBITS 1 2 91 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibits 1-20 identified at page 4-5 of the January 5, 2015 staff report were admitted into the record during the hearing. The following exhibits were also admitted during the hearing: Ex. 26: Claudia Donnelly letter. Ex. 27: Staff power point presentation. Ex. 28: GIS maps of project area (located on city website). Ex. 29: Claudia Donnelly photographs (seven 8x11 photographs) Ex. 30: Portions of Environmental Committee Report on application. Ex. 31: Pages 5-39 and 6-9 of May Creels Basin Plan Ex. 32: Claudia Donnelly testimony. FINDINGS OF FACT Procedural: Applicant. PNW Holdings, LLC 2. Hearing. A hearing on the preliminary plat application was held on February 10, 2015 in the City of Renton Council City Chambers. 3. Project Description. The applicant requests preliminary plat approval for the subdivision of 4.09 acres into 13 single-family residential lots and a drainage tract at 1508 Ilwaco Ave NE. The parcel would be divided into 13 residential lots and one storm drainage tract and would result in a net density of 4.32 dwelling units per net acre. The drainage tract measures 10,496 square feet (sf) and consists of a stormwater detention vault. The proposed lots would range in size from 8,050 sf to 10,985 sf with an average lot size of 9,274 sf, Access to the site would be from NE 16th St. The site currently contains one single-family residence, a detached garage, a barn, and associated gravel driveways. All existing structures are proposed for demolition. There are 159 significant trees on the site and 34 original trees are proposing to be retained. The applicant has submitted a Critical Area Report, Technical Information Report, Traffic Impact Analysis, Arborist Report, and a Geotechnical Engineering Study. The applicant will dedicate 46,627 sf for public streets with an access road running north/south, through the property, to serve the new lots. 4. Adequacy of Infrastructure/Pubtic Services. The project will be served by adequate infrastructure and public services. Preliminary adequacy of all infrastructure has been reviewed by the City's Public Works Department and found to be sufficient. Specific infrastructure/services are addressed as follows: A. Water and Sewer Service. Water service will be provided by King County Water District #90. A water availability certificate was submitted to the City. Sewer service will be provided by the City of Renton. PRELIMINARY PLAT - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. An approved cul-de- sac type turnaround is required for dead end streets over 300 feet long, and all homes beyond 500 feet on dead end streets are required to install an approved fire sprinkler system; this applies to Lots 5 and 6 (RMC 4-6-060H.2). Fire impact fees are applicable at the rate of $495.10 per single family unit. This fee is paid at time of building permit issuance. C. Drainage. The proposal provides for adequate stormwater drainage facilities. A drainage plan (Exhibit 7) and technical information report (Exhibit 15) has been submitted with the application. The report addresses compliance with 2009 King County Surface Water Manual (KCSWM) and City of Renton Amendments to the KCSWM, Chapters 1 and 2. City staff have found the preliminary design to be consistent with the KSCWM and no evidence was presented to the contrary. Final compliance with the KCCWM will be implemented during utility construction permit and final plat review. Claudia Donnelly wrote (Ex. 26 and 32) and testified of severe flooding problems on her property caused by upstream development. She believes that the Windstone subdivision was the cause of the flooding in the 1990s. While this may be the case, the City's stormwater regulations have been upgraded several times since the regulations that applied to the Windstone development. As testified by the project engineer and the City's engineer, a major change in stormwater regulations since the stormwaer regulations that applied to Windstone is that off-site stormwater flows generated by the project must match pre -development, fully forested conditions. As testified by the project engineer, since the project site is currently partially developed and cleared, the matching of predevelopment stormwater conditions will likely reduce stormwater impacts to Ms. Donnelly's property over current conditions. Given that the KCSWM requires pre -development flows and the project and city engineer's both have concluded that this requirement can be achieved, it must be determined that the proposal will not create any significant adverse storinwater impacts to Ms. Donnelly's property or the property of anyone else. Given the stormwater problems that Ms. Donnelly and others have had in the past, Ms. Donnelly's concerns are certainly legitimate and understandable. However, the City's newest stormwater regulations are specifically designed to prevent the stormwater problems that occurred in the past. There is also no expert opinion in the record that counters the conclusions of Mr. Lee and Mr. Joudi that the KCSWM will prevent adverse PRELIMINARY PLAT - 4 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 stormwater impacts to downstream properties. Ms. Donnelly did raise the point that an expert in the Tiffany Park hearing identified that trees serve a significant function in stormwater retention, but the KCSWM requires that stormwater facilities be designed to substitute for the lost capacity caused by the removal of trees_ Ms. Donnelly also questioned why staff is not recommending a condition of approval requiring compliance with best management practices and also wants to know why downstream analysis doesn't extend down to her property. The best management practices will be required during utility construction permit review so there is no need to require them during preliminary plat review. The extent of downstream analysis is set by the KCSWM. As testified by Mr. J-oudi, the KSCWM did not require downstream analysis to extend to Ms. Donnelly's property because flooding problems in her area are documented (based upon stormwater complaints) as having occurred more than ten years ago. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-4 district. The impact fees provide for adequate parks and open space. E. Streets. No significant traffic impacts are anticipated for the project. Project specific impacts will not nessistate any offsite improvements and the applicant will be required to pay its proportionate share of mitigation to the City's transportation system as a whole through the payment of traffic impact fees. City engineering staff have reviewed the preliminary street design and found it compliant with applicable street standards. Final compliance shall be assessed by city staff during final plat review. A Traffic Impact Analysis prepared by TraffEx Northwest Traffic Experts (dated October 27, 2014; Exhibit 14) was submitted with the application materials. The proposed 13 -lot subdivision would generate 124 average weekday trips: 10 AM peak hour and 13 PM peak hour at the future intersection of NE 16th St and the sites proposed access street. The study intersection operates at an excellent Level of Service (LOS) A for future conditions including project generated traffic. A 3% per year annual background growth rate was added for each year of the two-year time period (for a total of 6%) from the 2014 traffic count to the 2016 horizon year of the proposal. The traffic report concludes by listing the following traffic impact mitigation measures: 1) construct the street improvements including curb, gutter and sidewalk for the site access street and site PRELIMINARY PLAT - 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 frontage on NE 16th Street; and 2) contribute the approximately $8,550 Transportation Mitigation fee to the City of Renton. It is also anticipated that the proposed project would result in impacts to the City's street system. In order to mitigate transportation impacts, the applicant would be required to meet code -required frontage improvements, City of Renton's transportation concurrency requirements (Exhibit 24) based upon a test of the citywide Transportation Plan and pay appropriate Transportation Impact Fees. Currently, this fee is assessed at $2,214.44 per net new single family home (13 x $2,214.44 = $28,787.72). This fee is payable to the City at the time of building permit issuance. F. Parking. Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles per dwelling unit as required by City code. G. Schools. Adequate school facilities are available for the project and safe walking conditions will be provided to and from school. The staff report concludes that it is anticipated that the Issaquah School District can accommodate any additional students generated by this proposal at the following schools: Newcastle Elementary (8400 136th Ave SE, Newcastle), Maywood Middle School (14490 168th Ave SE, Renton), and Liberty High School (16655 SE 136th St). A School Impact Fee, based on new single family lots, will also be required in order to mitigate the proposal's potential impacts to Issaquah School District. The fee is payable to the City as specified by the Renton Municipal Code at the time of building permit application. Currently, the 2015 fee is assessed at $5,730.00 per single family residence. RCW 58.17.110(2) provides that no subdivision be approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school. As part of the proposed project, sidewalks would be constructed along on-site roadways which would connect to the existing sidewalk system along NE 16a' St, Lyons PI NE, NE 17th St, and 148`' Ave SE to the anticipated bus stops at the intersection of NE 17"' St and 148th Ave SE. This anticipated route would provide adequate provisions for safe walking conditions for students who walk to and from school and/or bus stops (Exhibit 19). 5. Adverse Impacts. There are no adverse impacts associated with the proposal. Adequate public facilities and drainage control areprovided as determined in Finding of Fact No. 4. The City's stormwater regulations are sufficient to prevent flooding both off and on-site. There are no PRELIMINARY PLAT - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 critical areas on site. The proposal is surrounded by single family development that is zoned R-4 or R-8 so compatibility of use is not an issue. There were concerns raised about tree preservation. City development standards define what is acceptable tree removal and retention. The proposal is compliant with applicable tree retention standards. RMC 4-4-130H requires thirty percent of the trees shall be retained in a residential development. When the required number of protected trees cannot be retained, new trees, with a two-inch (2") caliper or greater, must be planted. The replacement rate is twelve (12) caliper inches of new trees to replace each protected tree removed. The property is covered with large Douglas fir and some Madrona and ornamental trees around the home. There are approximately 159 trees over 6 inches in diameter throughout the site (208 trees including rights -of -ways and on adjoining parcels). After street and critical area deductions, and the minimum requirement to retain 30%, the applicant is required to retain 36 trees. The applicant is proposing to retain 34 trees (6" or larger), and thus the required tree caliper replacement is 24 inches. The average size of the trunk at diameter at breast height (DBH) for the 34 trees is 11.7 inches (11.7") and the species include 27 Douglas -firs, six (6) Western red -cedars, and one (1) Madrona. Mathematically, a minimum of 9.6 replacement trees at 2.5 DBH will be used to achieve the required 24 replacement inches. All trees that are proposed to be retained will be fenced and signed during construction process for preservation (Exhibits 5-8). The applicant is proposing additional trees beyond the minimum 9.6 trees at 2.5 inches (28 Evergreen Magnolia x 2.5 = 70 replacement inches; 18 Leyland Cypress at 8'-10' height); this complies with RMC. A concern was also raised about impacts to trees on adjoining properties. Due to the size and location of the proposed stormwater vault, there is a potential to impact to the off-site trees to the east of Tract A. The applicant had an arborist to assess the limits of disturbance for construction of the vault. City staff will also be monitoring the vault construction to ensure that tree roots are not damaged. The conditions of approval will require implementation of these measures to protect trees on adjoining properties. No other significant impacts are reasonably anticipated from the evidence contained within the administrative record. Conclusions of Law 1. Authority. RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold a hearing and issue a final decision on preliminary plat applications. RMC 4-9-070 grants the Examiner authority to review and make final decisions on SEPA appeals. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 4 dwelling units per net acre (R-4). The comprehensive plan trap land use designation is Residential Low Density (RLD). PRELIMINARY PLAT - 7 1 2 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Review Criteria. Chapter 4-7 RMC governs the criteria for preliminary review. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. RMC 4-7-080(B): A subdivision .shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4_ Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. As to compliance with the Zoning Code, Finding I(2) of the staff report is adopted by reference as if set forth in full, with all recommended conditions of approval adopted by this decision as well. As depicted in the plat map, Ex. 2, each proposed lot will directly access a public Road, Road A. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. RMC 4-7-080(1)(1): ...The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards. - 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding I(1) of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. 6. The internal road system connects to NE 16a' St_, an existing public road. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. The City's adopted street plans are not addressed in the staff report or anywhere else in the administrative record. However, the only street connection possible for the project is as proposed to NE 16`x'. The project site is otherwise completely surrounded by single-family development. PRELIMINARY PLAT - 8 1' 2i i 3i 4i 5 6� 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-7-120(0): If a subdivision is located in the area of 'an officially designed [sic] trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 8. There is nothing in the record to reasonably suggest the proximity of any official designated trail. RMC 4-7-130(0): A plat, short plat, subdivision or dedication shall be prepared in conformance with the followingprovisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safely and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050J1 a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method., If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. PRELIMINARY PLAT - 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 9. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and there are no critical areas at the project site. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Penton Parks Mitigation Resolution. 10. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-7-150(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 11. As shown in the aerial photograph at p 2 of the staff report, the internal road connection to NE 16t" St. is currently the only road connection possible for the project. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. As conditioned. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. The proposed connection to NE 16th is the only connection possible for the project. RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved Street alignment offsets of less than one hundred twenty five feet (125) are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards. . PRELIMINARY PLAT - 10 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T A and Policies T-9 through T-16 and Community Design Element, Objective CD -Mand Policies CD -50 and CD -60. 3_ Exceptions: a_ The grid pattern may be adjusted to a `flexible grid" by reducing the number of linkages or the alignment between roads, where the followingfactors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow future connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and -R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alleys) is not feasible ... 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cul -de -Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible. 15. As shown in Ex. 2, no grid pattern is possible for the proposal due to surrounding residential development. Alley access is not required since the proposal is in a Residential Low Density comprehensive plan land use designation. There is insufficient space for a looped road system The proposed cul de sac is necessary and authorized since no further road connection is possible. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. PRELIMINARY PLAT - 11 1 2 3 4 5 b 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W 16. As proposed and as will be required during final plat engineering review. RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full -width boundary street shall be required in certain instances to facilitate future development. 17. No additional street extensions are possible for the project so the criterion does not apply. RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 19. As previously determined, each lot has access to a public street. RMC 4-7-170(0): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. 20. As previously determined, the proposed lots comply with the zoning standards of the R-4 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot dines intersect with the street right-of-way line) shall not be less than eighty percent ($0%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20) and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35). 21. As shown in Staff Report Ex. 2, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15). 22. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets_ Such natural features should be preserved, thereby adding attractiveness and value to the property. PRELIMINARY PLAT - 12 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 23. Trees will be retained as required by City code as determined in Finding of Fact No. 5. There are no other natural features that need preservation as contemplated in the criterion quoted above. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision development. 124. As conditioned. RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full -width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity far the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water qualily features shall also be designed to provide capacity for the new street paving for the plat. 25. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in ,Finding of Fact No. 4. The City's stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fare hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 26. Compliance with City water system design standards is assured during final plat review. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 27. As conditioned. RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line PRELIMINARY PLAT - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 by subdivider as to obviate the necessity far disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer andlor land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. As conditioned. RMC 4-7-210: A. MONUMENTS.- Concrete ONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision_ Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY.' All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS.- The IGNS: The subdivider shall install all street name signs necessary in the subdivision_ 29. As conditioned. DECISION The proposed preliminary plat as depicted in Ex. 2 and described in this decision is consistent with all applicable review criteria as outlined above and is therefore approved, subject to the following conditions: 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non -Significance for the proposal. 2. All proposed street names shall be approved by the City and all street name signs shall be installed prior to final plat approval. PRELIMINARY PLAT - 14 2 c 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each Iot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. 7. The applicant shall comply with the monument and survey requirements of RMC 4-7-210. 8. The applicant shall submit an arborist report demonstrating to the satisfaction of City staff that the proposed vault construction will not adversely affect trees on adjoining property. 9. The applicant shall obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, detached garage and barn prior to Final Plat recording. 10. Upon the extension and completion of the public road from NE 16th Street through to SR 900, the future owners of Lot 5 & 6 may relinquish the combined 3,562 square feet of temporary cul-de-sac casement, pending installation of complete frontage improvements in the right-of-way and approval by the City of Renton. Prior to recording, the applicant shall include similar language on the face of the plat. PRELIMINARY PLAT - 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11. The applicant shall provide two (2) trees within the rear yards of Lots 4, 5, 1.0, 11, 12, and 13 and one (1) tree within the 10 -foot lot landscaping along street frontage of Lot 6. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. 12. The cul-de-sac shall be constructed to public street standards, in and out of the dedicated public right-of-way. 13. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. 14. The applicant shall create a Home Owners Association ("HOA") that maintains all landscaping improvements in Tract "A", all maintenance and repairs of the temporary access easement for the cul-de-sac turnaround and any and all other common improvements. A draft of the HOA documents shall be submitted to and approved by the City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such document shall be recorded concurrently with the Final Plat. 15. Any proposal to convert the stormwater vault within Tract "A" to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. 16. The applicant shall be required to obtain a temporary construction easement for all work conducted outside of the applicant's property. The temporary construction easement shall be submitted to the City prior to any permits being issued or demonstrate that offsite trees can be saved during construction. DATED this 2nd day of March, 2015. I�13,irr c)li�rs�ftits - City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8-100(G)(9). A new fourteen (14) day PRELIMINARY PLAT - 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7'h floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT - 17 i'4- C',',rl,f OF REMOIN PLANNING fJMSION CONCORD PLACE FINAL PLAT LOT CLOSURES DRS PROJECT NO. 14103 PREPARED BY SJS 5126115 D.R. STRONG CONSULTING ENGINEERS 6207 TH AVENUE KIRKLAND, WA. 98033 Lot Report Tue May 26 11:37:46 Lot File: R:\2014\1\14103\2\Carlson\MAPCHFCKS.Iot CRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT SUB -1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10000 187436.844 1316669.316 0.00 S 01°25128" W 1266.51 503 186170.723 1316637.833 1266.51. N 8801211.2" W 661.18 10001. 186191.453 1315976.978 1927.69 N 01025120" E 1270.97 10002 187462.034 1316008.524 31.98.67 S 87049101" E 661.27 10000 187436.844 1316669.316 3859.94 Closure Error Distance> 0.0033 Error Bearing> S 85°11'56" E Closure Precision> 1 in 1166480.5 Total Distance> 3859.94 LOT AREA: 838881 SQ FT OR 19.3 ACRES Page 1 of 32 LOT SOB -2 OF BLOCK 1, TYPE: LOT ENT# Bearing Distance Northing Easting Station 10001 186191.453 1315976.978 0.00 N 88012'12" W 330.59 10003 186201.817 1315646.550 330.59 N 01025'16" E 1.273.20 10004 187474.629 1315678.127 1603.79 S 87049'01" E 330.64 10002 187462.034 1316008.524 1934.43 S 01025'20" W 1270.97 10001 186191.453 1315976.978 3205.40 Closure Error Distance> 0.0032 Error Bearing> N 89°07'09" W Closure Preci.sion> 1 in 995986.7 Total Distance> 3205.40 LOT AREA: 420546 SQ FT OR 9.7 ACRES Wage 2 of 32 LOT SUB-3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10003 186201.817 1315646.550 0.00 N 88012112" W 330.59 10005 186212.182 1315316.122 330.59 N 01025112" E 1275.43 10006 187487.224 1315347.731 1606.02 S 87049101" E 330.64 10004 187474.629 1315678.127 1936.66 S O1025116" W 1273.20 10003 186201.817 1315646.550 3209.86 Closure Error Distance> 0.0031 Error Bearing> N,_89°07'31" W Closure Precision> 1 in 1024917.2 Total Distance> 3209.86 LOT AREA: 421283 SQ FT OR 9.7 ACRES Page 3 of 32 LOT SUB-4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10005 1.86212.182 1315316.122 0.00 N 88012112" W 1322.36 10007 186253.641 1313994.412 1322.36 N 01024'57" E 1284.36 10008 187537.604 1314026.146 2606.72 S 87049'01" E 1322.55 10006 187487.224 1315347.731 3929.26 S 01°25'12" W 1275.43 10005 .- 186212.182 1315316.122 5204.69 Closure Error Distance> 0.0129 Error Bearing> S 39000'30" W Closure Precision> 1 in 402445.8 'dotal Distance> 5204.69 LOT AREA: 1692506 SQ FT OR 38.9 ACRES Page 4 of 32 LOT SUB-5 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Eastzng Station 10008 187537.604 1314026.146 0.00 N 01°24157" E 1284.36 10009 188821.567 1314057.880 1284.36 S 87°25'50" E 1322.79 10010 188762.266 1315379.340 2607.14 S 01025'1.2" W 1275.43 10006 187487.224 1315347.731 3882.58 N 87049'01" W 1322.55 10008 187537.604 1314026.146 5205.12 Closure Error Distance> 0.0078 Error Bearing> S 15038'41" E Closure Precision> 1 in 664912.1 Total Distance> 5205.12 LOT AREA: 1692629 SQ FT OR 38.9 ACRES Page 5 of 32 LOT SUB -6 OF BLOCK 1, TYPE: LOT PNT# Bear -ng Distance Northing Easting Station 10011 188702.966 1316700.800 0.00 S 01025128" W 1266.51 10000 187436.844 1316669.316 1266.51 N 87049'01" W 661.27 10002 187462.034 1316008.524 1921.79 N 87049101" W 330.64 10004 187474.629 1315678.127 2258.42 N 87049'01" W 330.64 10006 187487.224 1315347.731 2589.06 N 01025112" E 1275.43 10010 188762.266 1315379.340 3864.49 S 87025150" E 1322.79 10011 188702.966 1316700.800 5187.28 Closure Error Distance> 0.0076 Error Bearing> N 12°03'21" E Closure Precision> 1 in 685474.1 Total. Distance> 5187.28 LOT AREA: 1680833 SQ FT OR 38.6 ACRES Page 6 of 32 LOT BOUNDARY OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10004 187474.629 1315678.127 0.00 S 01025'16" W 677.50 10012 186797.338 1315661.324 677.50 N 87049'01" W 89.01 10013 186800.728 1315572.379 766.51 N 67007'57" W 1.19.89 10014 186847.320 1315461.908 886.40 N 01025'12" E 295.62 10015 187142.846 1315469.234 1182.02 N 87049'01" W 130.01 10016 187147.798 1315339.317 1312.03 N 01025'12" E 339.53 10006 187487.224 1315347.731 1651.56 S 87°49`01" E 330.64 10004 187474.629 1315678.127 1982.20 Closure Error Distance> 0.0091 Error Bearing> S 84°22'33" W Closure Preci.sion> 1 in 218932.0 Total Distance> 1982.20 LOT AREA: 177683 SQ FT OR 4.1 ACRES Page 7 of 32 Lot Report Tue May 26 11:52:53 Lot File: R:\2014\1\14103\2\Carlson\MAPCHECKS.lot GRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT CENTERLINE OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10028 187481.834 1315489.141 0.00 S 01025'12" W 222.22 10048 187259.683 1315483.634 222.22 Radius: 125.00 Length: 20.75 Chord: 20.72 Delta: 09030'33" Chord BRG: S 03°20'05" E Rad -In: S 88°34'48" E Rad -Out: N 81°54'39" E Radius Pt: 10020 187256.586,1315608.595 Tangent: 10.40 Dir: Left Tangent -In: S 01025'12" W Tangent -Out: S 08°05'21" E Tangential -In Tangential -Out 10049 187238.996 1315484.839 242.96 S 08005121" E 100.26 10050 187139.729 1315498.948 343.23 Radius: 125.00 Length: 20.75 Chord: 20.72 Delta: 09°30133" Chord BRG: S 03°20'05" E Rad -In: S 81°5439" W Rad -Out: N 88°34148" W Radius Pt: 10040 187122.139,1315375.192 Tangent: 10.40 Dir: Right Tangent -In: S 08005'21." E Tangent -Out.: S 01°25112" W Tangential -In Tangential -Out 10051 187119.041 1315500.153 363.98 S 01025112" W 284.96 10047 186834.168 1315493.091 648.94 N 67007'57" W 33.84 10014 186847.320 1315461.908 682.78 N 01025'12" E 295.62 10015 187142.846 1315469.234 978.40 N 87049'01" W 130.01 10016 187147.798 1315339.317 1108.41 N 01025'12" E 339.53 10006 187487.224 1315347.731 1447.94 S 87049'01" E 141.51 10028 187481.834 1315489.141 1589.45 Closure Error Distance> 0.0107 Error Bearing> S 05032'21" W Closure Precision> 1 in 1.48737.8 Total Distance> 1589.45 LOT AREA: 58491 SQ FT OR 1.3 ACRES Page 1 of 2 Lot Repot Tue May 26 12:04:54 Lot File: R:\2014\1\14103\2\Carlson\MAPCHECKS.lot CRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT ROW DED OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10004 187474.629 1315678.127 0.00 S 01025'16" W 25.00 10029 187449.635 1315677.507 25.00 N 87049'01" W 47.61 10064 187451.448 1315629.931 72.61 N 87049'01" W 89.68 10030 187454.864 1315540.321 162.29 Radius: 25.00 Length: 39.60 Chord: 35.59 Delta: 90045'47" Chord BRG: S 46048106" W Rad -In: S 02°10159"' W Rad -Out: S 88°34'48" E Radius Pt: 10031 187429.882,1315539.369 Tangent: 25.34 Dir: Left Tangent -In: N 87049101" W Tangent -Out: S 01025112" W Tangential -In Tangential -Out 10032 187430.502 1315514.376 201.89 S 01°25112" W 56.20 10033 1.87374.323 1315512.984 258.09 S 01°25112" W 70.00 1.0034 187304.345 1315511.249 328.09 S 01025112" W 45.33 1.0035 187259.027 1315510.126 373.42 Radius: 98.50 Length: 16.35 Chord: 16.33 Delta: 09°30'33" Chord BRG: S 03020'05" E Rad -In: S 88°34148" E Rad -Out: N 81°54'39" E Radius Pt: 10020 187256.586,1315608.595 Tangent: 8.19 Dir: Left Tangent -In: S 01025'1.2" W Tangent -Out: S 08005'21" E Tangential -In Tangential -Out 10036 187242.725 1315511.075 389.77 S 08c'05121" E 9.32 10037 187233.495 1315512.387 399.09 S 08005121" E 70.98 10038 187163.225 1315522.375 470.07 S 08005121" E 19.97 10039 187143.458 1315525.184 490.03 Radius: 151.50 Length: 25.14 Chord: 25.12 Delta: 09°30133" Chord BRG: S 03°20'05" E Rad -In: S 81054'39" W Rad -Out: N 88°34'48" W Radius Pt: 10040 187122.139,1.315375.192 Tangent: 12.60 Dir: Right Tangent -In: S 08005121" E Tangent -Out: S 01°25'12" W Tangential -In Tangential -Out 10041 187118.385 1315526.645 515.18 S 01025112" W 25.28 10042 187093.114 1315526.019 540.46 S 01025'12" W 70.00 10043 187023.135 1315524.284 610.46 S 01025'12" W 70.00 10044 186953.157 1315522.549 680.46 S 01025112" W 73.44 10045 186879.740 1315520.729 753.89 S 01025112" W 56.65 1.0046 186823.104 1315519.325 810.55 N 67007157" W 28.47 10047 186834.168 1315493.091 839.02 Page 1 of 3 N 67007'57" W 84 10014 1.86847.320 1315461.908 872.86 N O1025'12" E 295.62 10015 187142.846 1315469.234 1168.48 S 87049'01" E 2.52 10017 187142.750 1315471.752 1171.00 N 08005'21" W 90.00 10018 187231.852 1315459.088 1261.00 N 08005'21" W 3.45 10019 187235.267 1315458.603 1264.45 Radius: 151.50 Length: 25.14 Chord: 25.12 Delta: 09°30'33" .Chord BRG: N 03020'05" W Rad -In: N 81°54'39" E Rad -Out: S 88°34'48" E Radius Pt: 10020 187256.586,13.5608.595 Tangent: 12.60 Dir: Right Tangent -In: N 08°05'21" W Tangent -Out: N 01025'12" E Tangential -In Tangential -Out 10021 187260,340 1315457.142 1289.59 N O1025'12" E 41.57 10022 187301.897 1315458.172 1331.16 N O1025'12" E 70.00 10023 187371.875 1315459.907 1401.16 N O1025'12" E 61.33 10024 187433.187 1315461.427 1462.49 Radius: 25.00 Length: 38.94 Chord: 35.12. Delta: 89014113" Chord BRG: N 43011'54" W Rad -In: N 88°34148" W Rad -Out: S 02010'59" W Radius Pt: 10025 187433.806,1315436.434 Tangent: 24.67 Dir: Left Tangent -In: N 01025112" E Tangent -Out: N 87°49101" W Tangential -In Tangential -Out 10026 187458.788 1315437.387 1501.43 N 87049101" W 90.34 10027 187462.230 1315347.111 1591.77 N 01025112" E 25.00 10006 187487.224 1315347.731 1616.77 S 87049'01" E 141.51 10028 187481.834 1315489.141 1758.28 S 87049101" E 189.13 10004 187474.629 1315678.127 1947.41 Closure Error Distance> 0.0055 Error Bearing> N 8001.8122" E Closure Precision> 1 in 354731.9 Total Distance> 1947.41 LOT AREA: 43065 SQ FT OR 1..0 ACRES Page 2 of 3 LOT 1 OF BLOCK 1, TYPE: LOT PNT# Searing Distance Northing Easting Station 10023 187371.875 1315459.901 0.00 N 88034148" W 115.00 10052 187374.725 1315344.942 115.00 N 01025'12" E 87.53 10027 187462.230 1.315347.111 202.53 S 87049101" E 90.34 10026 187458.788 131.5437.387 292.87 Radius: 25.00 Length: 38.94 Chord: 35.1.2 Delta: 89°14'13" Chord BRG: S 43011'54" E Rad -In: S 02010'59" W Rad -Out: N 88034'48" W Radius Pt: 10025 187433.806,1315436.434 Tangent: 24.67 Dir: Right Tangent --In: S 87049101" E Tangent -Out: S 01025112" W Tangential -In Tangential -Out 10024 187433.187 1315461.427 331.81 S 01025112" W 61.33 10023 187371.875 1315459.907 393.14 Closure Error Distance> 0.0016 Error Bearing> N 15°39'42" E Closure Precision> 1 in 244219.7 Total Distance> 393.14 LOT AREA: 9848 SQ FT OR 0.2 ACRES Page 11 of 32 LOT 2 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing 10022 187301.897 N 88034'48" W 115.00 10053 187304.747 N 01025'12" E 70.00 10052 187374.725 S 88034'48" E 115.00 10023 187371.875 S 01025'12" W 70.00 10022 187301.897 Closure Error Distance> 0.0000 Total Distance> 370.00 LOT AREA: 8050 SQ FT OR 0.2 ACRES Page 12 of 32 Easting Station 1315458.172 0.00 1315343.207 115.00 1.315344.942 185.00 1315459.907 300.00 1315458.172 370.00 Lot Report Tue May 26 12:07:49 Lot File: R:\2014\1\14103\2\Carlson\MAPCHECKS.lot CRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT 3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10021 187260.340 1315457.142 0.00 Radius: 151.50 Length: 25.14 Chord: 25.12 Delta: 09030'33" Chord BRG: S 03°20'05" E Rad -In: S 88°34'48" E Rad -Out: N 81°54'39" E Radius Pt: 10020 187256.586,1315608.595 Tangent: 12.60 Dir: Left Tangent -In: S 01025'12" W Tangent -Out: S 08°05'21" E Tangential -Out 10019 187235.267 1315458.603 25.14 S 08005'21" E 3.45 10018 187231.852 .1315459.088 28.59 N 88034'48" W 117.65 10054 187234.768 1315341.473 146.25 N 01025'12" E 70.00 10053 187304.747 1315343.207 216.25 S 88034'48" E 115.00 10022 187301.897 1315458.172 331.25 S 01025'12" W 41.57 10021 187260.340 1315457.142 372.81 Closure Error Distance> 0.0065 Error Bearing> N 17°58'17" W Closure Precision> 1 in 57199.3 Total Distance> 372.81 LOT AREA: 8075 SQ FT OR 0.2 ACRES Page 1 of 2 L,OT 4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Fasting Station 10017 187142.750 1315471.752 0.00 N 87049101" W 132.53 10016 187147.798 1315339.317 132.53 N 01025'12" E 87.00 10054 187234.768 1315341.473 219.53 S 88034'48" E 117.65 10018 187231.852 1315459.088 337.18 S 08005'21" E 90.00 10017 187142.750 1315471.752 427.18 Closure Error Distance> 0.0017 Error Bearing> S 09°44103" W Closure Precision> 1 in 258748.3 Total Distance> 427.18 LOT AREA: 10986 SQ FT OR 0.3 ACRES Page 14 of 32 LOT 5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10012 186797.338 1315661.324 0.00 N 87049'01" W 89.01 10013 186800.728 1315572.379 89.01 N 67°07'57" W 57.58 10046 186823.104 1315519.325 146.59 N 01°25112" E 56.65 10045 186879.740 1315520.729 203.24 S 81031'22" E 143.68 10055 186858.559 131.5662.843 346.93 S 01025'16" W 61.24 10012 186797.338 1315661.324 408.17 Closure Error Distance> 0.0056 Error Bearing> N 56'40'22" E Closure Precision> 1 in 73232.0 Total Distance> 408.17 LOT AREA: 931.1 SQ FT OR 0.2 ACRES Page 15 of 32 LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10055 186858.559 1315662.843 0.00 N 81031'22" W 143.68 10045 186879.740 1315520.729 143.68 N 01025'12" E 73.44 10044 186953.157 1315522.549 217.12 S 88034'48" E 142.60 10056 186949.623 1315665.102 359.72 S 01025'16" W 91.09 10055 186858.559 1315662.843 450.81 Closure Error Distance> 0.0072 Error Bearing> S 70021'11" W Closure Precision> 1 in 62219.0 Total Distance> 450.81 LOT AREA: 11731 SQ FT OR 0.3 ACRES Page 16 of 32 LOT 7 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10056 186949.623 1315665.102 0.00 N 88°34148" w 142.60 10044 186953.157 1315522.549 142.60 N 01025`12" E 70.00 10043 187023.135 1315524.284 212.60 S 88034148" E 142.60 10057 187019.601 1315666.839 355.20 S 01025116" W 70.00 10056 1.86949.623 1315665.102 425.20 Closure Error Distance> 0.0014 Error Bearing> S 88°34146" E Closure Precision> 1 in 313224.6 Total Distance> 425.20 LOT AREA: 9982 SQ FT OR 0.2 ACRES Page 17 of 32 LOT 8 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10057 187019.601 1315666.839 0.00 N 88034'48" W 142.60 10043 187023.135 1315524.284 142.60 N 01°25'12" E 70.00 1.0042 1.87093.114 1315526.019 212.60 S 88°34'48" E 142.60 10058 187089.580 1315668.575 355.20 S 01025116" W 70.00 10057 187019.601 1315665.839 425.20 Closure Error Distance> 0.0014 Error Bearing> S 88°34'46" E Closure Precision> 1 in 313226.5 Total Distance> 425.20 LOT AREA: 9982 SQ FT OR 0.2 ACRES Page 18 of 32 Lot Report Tue May 26 12:1.1:57 Lct File: R:\2014\1\14103\2\Carlson\MAPCHECKS.Iot CRD File: R:\2014\1\14103\2\Car"sson\14103.crd LOT 9 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10058 187089.580 1315668.575 0.00 N 88034148" W 142.60 10042 187093.114 1315526.019 142.60 N 01025112" E 25.28 10041 187118.385 1315526.645 167.88 Radius: 151.50 Length: 25.14 Chord: 25.12 Delta: 09°30'33" Chord BRG: N 03020'05" W Rad -In: N 88°34'48" W Rad -Out: S 81°54'39" W Radius Pt: 10040 187122.139,1315375.192 Tangent: 12.60 Dir: Left Tangent -In: N 01°25'12" E Tangent -Out: N 08°05'21" W Tangential -In Tangential -Out 10039 187143.458 1315525.184 193.02 N 08005'21" W 19.97 10038 1.87163.225 1315522.375 212.99 S 88034'48" E 147.98 10059 187159.558 1315670.311 360.97 S 01025'16" W 70.00 10058 187089.580 1315668.575 430.97 Closure Error Distance> 0.0095 Error Bearing> S 15006119" E Closure Precision> 1 in 45156.1 Total Distance> 430.97 LOT AREA: 10073 SQ FT OR 0.2 ACRES Page 1 of 2 LOT 10 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10059 187159.558 1315670.311 0.00 N 88034148" W 147.98 10038 187163.225 1315522.375 147.98 N 08005121" W 70.98 10037 187233.495 1315512.387 218.96 S 88034148" E 159.71 10060 187229.537 1315672.047 378.67 S 01025116" W 70.00 10059 187159.558 1315670.311 448.67 Closure Error Distance> 0.0052 Error Bearing> S 28°13'44" W Closure Precision> 1 in 85622.1 Total Distance> 448.67 LOT AREA: 10769 SQ FT OR 0.2 ACRES Page 20 of 32 Lot. Report T-ae May 26 12:12:31 Lot File: R:\2014\1\14103\2\Carlson\MAPCHECKS.Ict CRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT 11 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Easting Station 10061 187230.716 1315624.459 0.00 N 88°34148" W 112.11 10037 187233.495 1315512.387 112.11 N 08005121" W 9.32 10036 187242.725 1315511.075 121.43 Radius: 98.50 Length: 16.35 Chord: 16.33 Delta: 09°30'33" Chord BRG: N 03°20105" W Rad-Tn: N 81°54'39" E Rad -Out: S 88°34'48" E Radius Pt: 10020 187256.586,1315608.595 Tangent: 8.19 Dir: Right Tangent -In: N 08005121" W Tangent -Out: N 01°25'12" E Tangential -In Tangential -Out 10035 187259.027 1315510.126 137.78 N 01025'12" E 45.33 10034 187304.345 1315511.249 183.11 S 88034'48" E 115.00 10062 187301.495 1315626.214 298.11 S 01025'12" W 70.80 10061 187230.716 1315624.459 368.91 Closure Error Distance> 0.0054 Error Bearing> N 39°17'20" E Closure Precision> 1 in 68341.9 Total Distance> 368.91 LOT AREA: 8115 SQ FT OR 0.2 ACRES Page 1 of 2 LOT 12 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing 10062 1315627.948 300.00 187301.495 370.00 N 88034148" W 115.00 10034 187304.345 N 01025'12" E 70.00 10033 187374.323 S 88034'48" E 115.00 10063 187371.473 S 01025112" W 70.00 10062 187301.495 Closure Error Distance> 0.0000 Total Distance> 370.00 LOT AREA: 8050 SQ FT OR 0.2 ACRES Fasting Station 1315626.214 0.00 1315511.249 115.00 1315512.984 185.00 1315627.948 300.00 1313626.214 370.00 Page 22 of 32 LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 1.0063 187371.473 1315627.948 0.00 N 88034148" W 115.00 10033 187374.323 1315512.984 115.00 N O1025112" E 56.20 10032 187430.502 1315514.376 171.20 Radius: 25.00 Length: 39.60 Chord: 35.59 Delta: 90°45'47" Chord BRG: N 46048106" E Rad -In: S 88034148" E Rad -Out: S 02°10'59" W Radius Pt: 10031 187429.882,1315539.369 Tangent: 25.34 Dir: Right Tangent -In: N 01025112" E Tangent -Out: S 87°49101" E Tangential -In 'Tangential -Out 10030 187454.864 1315540.321 210.80 S 87049'01" E 89.68 10064 187451.448 1315629.931 300.47 S 01025112" W 80.00 10063 187371.473 1315627.948 380.47 Closure Error Distance> 0.0061 Error Bearing> S 57°17'50" W Closure Precision> 1 in 62288.2 Total Distance> 380._47 LOT AREA: 9150 SQ FT OR 0.2 ACRES Page 23 of 32 LOT TRACT A OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Fasting Station 1.0060 187229,537 1315672.047 0.00 N 88034148" W 47.60 10061 187230.716 1315624.459 47.60 N 01°25'12" E 220.80 10064 187451.448 1315629.931 268.40 S 87049101" E 47.61 10029 187449.635 1315677.507 316.01 S 01025'16" W 220.17 10060 187229.537 1315672.047 536.18 Closure Error Distance> 0.0043 Error Bearing> N 19°02`14" W Closure Precision> 1 in 124249.5 Total Distance> 536.18 LOT AREA: 10496 SQ FT OR 0,2 ACRES BLOCK 1 TOTAL AREA: 7160534 SQ FT OR 164.4 ACRES Page 24 of 32 Lot Report Tue May 26 16:02:14 Lot File: R: \2014\1\1.4103\2\Carlson\MAPCHECKS. lot CRD File: R:\2014\1\14103\2\Carlson\14103.crd LOT UTILL ESMT OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10046 186823.104 1315519.325 0.00 N 01025'12" E 26.01 10065 186849.107 1315519.970 26.01 Radius: 19.50 Length: 7.80 Chord: 7.75 Delta: 22055133" Chord BRG: N 66°4439" E Rad -In: S 34°43'07" E Rad -Out: S 11°47'34" Radius Pt: 10066 186833.079,1315531.076 Tangent: 3.95 Dir: Right Tangent -In: N 55016'53" E Tangent -Out: N 78°12-26" E Non Tangential -In Tangential -Out 10067 186852.168 1315527.091 33.81 Radius: 50.50 Length: 39.76 Chord: 38.74 Delta: 45°06'31" Chord BRG: N 55°39'10" E Rad -In: N 11047'34" W Rad -Out: N 56°54'06" Radius Pt: 10068 186901.602,1315516.770 Tangent: 20.97 Dir: Left Tangent -In: N 78012'26" E Tangent -Out: N 33005'54" E Tangential -In Tangential -Out 10069 186874.025 1315559.075 73.57 Radius: 50.50 Length: 95.60 Chord: 81.95 Delta: 108°27'55" Chord BRG: N 21°08'03" W Rad -11n: N 56054.106" W Rad -Out: S 14°37'59" Radius Pt: 10068 186901.602,1315516.770 Tangent: 70.10 Dir: Left Tangent -In: N 33°05'54" E Tangent -Out: N 75°22'01" W Tangential -In 'Tangential -Out 10070 186950.464 1315529.527 169.17 Radius: 19.50 Length: 7.80 Chord: 7.75 Delta: 22°55'33" Chord BRG: N 63°54'14" W Rad -In: N 14°37'59" E Rad -Out: N 37°33'32" Radius Pt: 10071 186969.331,1315534.454 Tangent: 3.95 Dir: Right Tangent -In: N 75022'01" W Tangent -Out: N 52°26'28" W Tangential -In Non Tangential -Out 10072 186953.873 1315522.567 176.98 N 01025'12" E 20.75 10073 186974.615 1315523.081 197.72 N 01025'12" E 48.54 10043 187023.135 1315524.284 246.26 S 88034'48" E 10.00 10074 187022.887 1315534.281 256.26 S 01025'12" W 62.95 10075 186959.961. 1315532.721 319.20 Radius: 60.50 Length: 18.43 Chord: 18.36 Delta: 17°27121" Chord BRG: S 65°59'06" E Rad -In: S 15°17'14" W Rad -Out: S 32°44'34" Radius Pt: 10068 186901.602,1315516.770 Tangent: 9.29 Dir: Right Tangent -In: S 74042'46" E Tangent -Out: S 57°15'26" E Non Tangential -In Tangential -Out 10076 186952.489 1315549.492 337.64 Radius: 60.50 Length: 90.90 Chord: 82.59 Delta: 86°05'04" Chord BRG: S 14012'54" E Rad -In: S 32°44'34" W Rad -Out: N 61°10'22" Radius Pt: 10068 186901.602,1315516.770 Tangent: 56.50 Dir: Right Tangent -In: S 57.°15'26" E Tangent -Out: S 28°49'38" W Tangential -In Tangential -Out E W W E W w 10077 186872.430 1315569.772 428.54 Radius: 60.50 Length: 51.45 Chord: 49.91 Delta: 48°43'33" Chord BRG: S 53011'25" W Rad -In: N 61°10'22" W Rad -Out: N 12°26'49" W Page 1 of 3 Radius Pt: 10068 186 .602,1315516.770 Tangent 27.40 Dir: Right Tangent -In: S 28049'38" W Tangent -Out: S 77033'11" W Tangential -In Non Tangential -Out 10078 186842.524 1315529.810 479.99 S 01°25'12" W 23.60 10079 186818.929 1315529.225 503.59 N 6700057" W 1.0.74 10046 186823.104 1315519.325 514.33 Closure Error Distance> 0.0082 Error Bearing> S 89°08'56" W Closure Precision> 1 in 62979.8 Total Distance> 514.33 LOT AREA: 2471 SQ FT OR 0.1 ACRES Page 2 of 3 LOT SD-ESMT OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10080 186871.284 1315577.466 0.00 N 81031'22" W 57.36 10045 186879.740 1315520.729 57.36 N 01025'1.2" E 73.44 10044 186953.157 1315522.549 130.80 N 01025'12" E 0.72 10072 186953.873 1315522.567 131.52 N 01025'1.2" E 20.75 10073 186974.615 1315523.081 152.27 S 88034148" E 10.18 10081 186974.362 131.5533.258 162.45 S 62000'53" E 52.27 10082 186949.837 1315579.414 214.71 S 01025112" W 78.58 10080 186871.284 1315577.466 293.29 Closure Error Distance> 0.0063 Error Searing> S 80003'24" W Closure Precision> 1 in 46532.4 Total Distance> 293.29 LOT AREA: 5057 SQ FT OR 0.1 ACRES BLOCK 1 TOTAL AREA: 7528 SQ FT OR 0.2 ACRES Page 3 of 3 After Recording, return to: ALBACORE ACH, LLC 9675 SE 36TH STREET, STE 105 MERCER ISLAND, WA 98040 I DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF CONCORD PLACE HOMEOWNERS ASSOCIATION Page 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONCORD PLACE THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONCORD PLACE ("Declaration") is made on the date hereinafter set forth by ALBACORE ACH, LLC, a Washington Limited Liability Company ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Concord Place (hereinafter referred to as "Concord Place"), which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Concord Place, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Concord Place Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Concord Place Homeowners Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to CONCORD PLACE HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this declaration shall mean and refer to the real property described with particularity in Exhibit "A" and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Page 2 Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall also include the Residence located thereon. Section 7. "Declarant" shall mean Albacore ACH, LLC, a Washington limited liability company and any of its successors and assigns who identifies itself as a successor Declarant in a recorded instrument and who assumes all the obligations of Albacore ACH, LLC as Declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee by the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 14. "Plat" shall mean and refer to the Plat of Concord Place as recorded on , 2016 in the records of King County, State of Washington, under Recording No. Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. Section 13. "Subdivision" shall refer to the real property included within any Plat as defined herein. Page 3 ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (i) a date twenty (20) years from the date of recording this Declaration; or (ii) sixty (60) days after 100% of the Lots subject to this Declaration have had single family Residences constructed thereon and have been occupied as Residences; or (iii) the date on which Declarant elects to permanently relinquish all of Declarants authority under this Article it by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article 11. Section 3. Notice to Owners. Not less than fourteen (94) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for four (4) Lots shall constitute a quorum_ The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Page 4 Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE III EASEMENTS, RESTRICTIONS, COVENANTS Section 1. Easements for Utilities. As shown on the Plat an easement is hereby reserved, granted and conveyed to the City of Renton, Puget Sound Energy Company, Century Link, Comcast, King County Water District No. 90, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right-of-way, as shown hereon in which to install, lay, construct, renew, operate and maintain underground distribution systems with necessary facilities, sidewalks and other equipment for the purpose of serving this subdivision and other property with utility services and sidewalks, together with the right to enter upon the lots at all times for the purpose herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. Section 2. Private Easement Provisions. The Owners of the land hereby subdivided do hereby grant and convey to the Owner(s) of the benefited Lots as stated in the easement notes or any other private easement shown and their successors and assigns a perpetual easement for the stated utilities and/or use shown. These easements and conditions shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the owner(s) of the land hereby burdened. The Owner(s) of the Lots benefited and their successors and assigns shall have the right without prior institution of any suit or proceedings of law at such times as may be necessary to enter upon said easement for the purpose of constructing, maintaining, repairing, altering, or reconstructing said utilities and/or user facilities or making any connections thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the one benefited. The Owner(s) of the burdened Lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said Page 5 utilities. However, the Owner(s) of the burdened lot shall not erect or maintain any buildings or structures within the easement. Also the Owner(s) of the burdened Lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities and/or uses facilities. Also the Owner(s) of the burdened Lot shall not develop or beautify the easement areas in such a way as to cause excessive cost to the Owner(s) of the Lot benefited pursuant to its restoration duties herein. Section 3. Private Drainage Access Easements. The Owner(s) of private property within this Plat encumbered with drainage easements shown as "private" hereby grant and convey to the City of Renton, a municipal corporation, the right but not the obligation to convey or store storm and surface water per the engineering plans approved for the Plat by the City of Renton, together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purpose of observing that the Owner(s) are properly operating and maintaining the drainage facilities contained therein. The Owner(s) of said private property are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are hereby required to obtain any required permits from the City of Renton or its successor agency, prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as swales, channels, ditches ponds, etc.) or performing any alterations or modifications to the drainage facilities contained within said drainage easement. This covenant shall run with the land and is binding upon the Owner(s) of said private property, their heirs, successors and assigns. The City of Renton shall have the right to enter the private drainage easements shown on the Plat to repair any deficiencies of the drainage facility in the event the Owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owner(s)'s cost. Section 4. Public Drainage Easement Restrictions. Property Owner(s) subject to a Public Drainage Easement shall not have the right to the following actions or activities beyond the building setback line or within the limits of the public drainage easements identified hereon: A) Erect or maintain buildings, structures, obstructions or place fill (including but not limited to fences, decks, patios, outbuildings, retaining walls and overhangs). B) Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the drainage facilities to be placed within the easement. C) Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the City of Renton for restoring the easement area and any private improvements therein. Page 6 D) Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth drainage facilities on the right- of-way, or endanger the lateral support facilities. E) Blast within fifteen (15) feet of the right-of-way F) Erect fences in such a way as to prevent access by the City of Renton's vehicles to the drainage facilities. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width. G) Grading and construction shall not be allowed within the Public Drainage Easements shown on the Plat map unless approved by the City of Renton or its successor agency regardless of permit requirements. Section 5. City_ of Renton Drainage Easement Covenant. All drainage easements within this Plat, not shown as "private, are hereby granted and conveyed to the City of Renton, a political subdivision of the State of Washington, for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans approved for this Plat by the City of Renton, together with the right of reasonable access (ingress and egress), to enter said drainage easement for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Note that except for the facilities which have been formally accepted for maintenance by the City of Renton, maintenance of drainage facilities on private property is the responsibility of the property Owner. This easement is intended to facilitate reasonable access to the drainage facilities. This easement and covenant shall run with the land and is binding upon the Owners of said private property, their heirs, successors and assigns. Section 6. Roof Surface Drainage Restriction. The stormwater runoff from a minimum of 1,400 square feet of roof surface area for each Lot shall be captured and discharged through the roof drain system via splash blocks. Section 7. Miscellaneous Easement Notes and Restrictions. The following restrictions and easements are shown on the Plat: 1) An easement is hereby reserved, granted and conveyed to the City of Renton, Puget Sound Energy Company, Century Link, Comcast, King County Water District No. 90, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right-of-way, as shown hereon in which to install, fay, construct, renew, operate and maintain underground distribution systems with necessary facilities, sidewalks and other equipment for the purpose of serving this subdivision and other property with utility services and sidewalks, Page 7 together with the right to enter upon the lots at all times for the purpose herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. 2) The 10 foot private storm drainage easement shown on Lots 2 and 3 is for the benefit of Lots 3 and 4 for private storm drainage facilities. The Owners of said Lots 2, 3 and 4 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 3) The 10 foot private storm drainage easement shown on Lots 6 and 7 is for the benefit of Lots 5 and 6 for private storm drainage facilities. The Owners of said Lots 5, 6 and 7 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 4) The 10 foot private storm drainage easement shown on Lot 8 is for the benefit of Lot 9 for private storm drainage facilities. The Owners of said Lots 8 and 9 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 5) The 10 foot private storm drainage easement shown on Lots 11 and 12 is for the benefit of Lots 10 and 11 for private storm drainage facilities. The Owners of said Lots 10, 11 and 12 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 6) The 10 foot private storm drainage easement shown on Lots 12 and 13 is for the benefit of lots 11 and 12 for private storm drainage facilities. The Owners of said Lots 11, 12 and 13 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 7) The temporary turnaround easement shown on Lots 5, 6 and 7 is hereby granted and conveyed to the City of Renton, a political subdivision of the State of Washington, for temporary turnaround facilities. The City of Renton is hereby responsible for the maintenance of said temporary turnaround facilities within said easement. This easement shall automatically terminate upon the extensions of the public right of way through the adjoining property. It shall be the responsibility of the developer extending said right of way to remove the Page 8 improvements associated with the temporary turnaround and reconstruct the standard roadway cross section through these areas. 8) The private landscape and entry monument easement shown on Lot 1 and Lot 13 is granted and conveyed to the Concord Place Homeowners Association for landscaping and potential entry monument. Said Homeowners Association is responsible for the maintenance of said landscaping and entry monument, if any, within said easement. 9) The private retaining wall and storm drainage easement shown on Lots 1, 2 and 3 is for the Benefit of Lots 2, 3 and 4 for private retaining wall and storm drainage facilities. The Owners of said Lots 1, 2, 3 and 4 are responsible for the maintenance of their respective private retaining wall and drainage facilities and shall share equally in the maintenance responsibilities of the private retaining wall and drainage facilities used in common within said easement. 10) The 10 foot private storm drainage easement shown on Lots 6, 7, 8, 9 and 10 is for the benefit of Lots 5, 6, 7, 8 and 9 for private storm drainage facilities. The Owners of said Lots 5, 6, 7, 8, 9, and 10 are hereby responsible for the maintenance of their respective private storm drainage facilities and shall share equally in the in the maintenance responsibilities of the private drainage facilities used in common within said easement. 11) Street trees within the public right of way shall be owned and maintained by the Concord Place Homeowners Association. Those trees on individual lots, required to be installed according to the approved landscaping plans shall be maintained by Owner of the Lot on which the tree is located. Section 7. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and Page 9 (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Conveyance of Common Areas. All Common Areas shall be owned and maintained by the Association. Section 2. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: (i) Tract A — The landscaping within Tract A including all fencing along the perimeter of the Tract. (ii) General - All landscape strips along the Plat roads, including irrigation; street trees; entry signage and landscaping along the front ten (10) feet of Lots 1 and 13 and Tract A along NE 1611 Street, if any, including water and electric charges, and the mailbox stands located throughout the Property. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 3. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 4. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Page 10 ARTICLE V TRACTS Section 1. Storm Drainage and Recreation Tract. Tract A is a private storm drainage tract and is hereby granted and conveyed to the Concord Place Homeowners Association upon the recording of this plat. Except as otherwise noted herein, said homeowners association is hereby responsible for all maintenance and management obligations associated with said tract. Should the Concord Place Homeowners Association fail to properly maintain said tract, the owners of Lots 1 through 13 of this plat shall be equally responsible for the maintenance of said tract. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each Lot in this plat shall assume and have an equal and undivided ownership interest in tract a previously owned by the HOA and have the attendant financial and maintenance responsibilities. A drainage easement over said tract is hereby granted and conveyed to the City of Renton for public storm drainage facilities, according to the City of Renton drainage easement covenant hereon. The City of Renton is hereby responsible for all maintenance responsibilities associated with said public storm drainage facilities within said tract. ARTICLE V1 MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Page 11 Association without cause upon thirty (30) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 'l. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable aftomeys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is 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 expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Pur ose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may be charged, shall be allocated and paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the Page 12 periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised _Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Leaal Fees and Damanes. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment: Due Dates. The annual assessments described in this Article shall commence upon the recording of this Page 13 Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall determine annually the Annual Assessment to be assessed against each Lot. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non -Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period of thirty (30) days, for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. Property owned by Declarant and the City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, may, in its sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. Page 14 Section 14. Start -Up Fee. Upon the sale of each Lot by the Declarant, and upon the resale of each home (and Lot), the purchaser shall pay a start-up fee of Seven Hundred Fifty and no/100 ($750.00) Dollars per Lot. This fee shall be collected at the closing of the Lot sale and submitted to the Association. This start-up fee shall be used to defray organizational and operational costs for the Association. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Subdivision. This includes, but is not limited to, adequate watering, removing weeds, and dead or diseased plants which must be replaced with the appropriate planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair. This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. The stain for the fence shall be a natural stain color chosen by Declarant. Lots adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot Owners' right for quiet use and enjoyment. Section 2. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Porter's Run Subdivision, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51 %) of the Members before undertaking such repairs. Page 15 ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non -Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels pursuant to Article XIII, Section 8, the total number of votes shall be increased by the applicable number for the Lots in such annexed Other Parcels. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Concord Place Homeowners Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the Rules and Regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the Rules and Regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any Page 16 resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability; property; and directors and officer insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital improvements provided. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas. Page 17 (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Areas, the Common Maintenance Areas, the Properties, fines, and other matters. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Areas and Common Maintenance Areas. (xviii) Exercise_ of Powers—Duties and _Authorny. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing contained herein shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. Page 18 ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee_ The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of Residences in the Subdivision. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other Residences in the Subdivision. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Pians and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site Page 19 plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) The location of the residence, doorways, windows, garage doors, accessory structures, property lines, easements, setbacks, landscaping, rockeries, fences, and the driveway upon the Lot; (ii) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (iii) The elevation of the landscaping, rockeries, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences and rockeries, show relationship to fences and grades on adjacent Lots; (iv) Drainage flows; (v) Exterior finish materials, colors, and textures under consideration. Include roof; (vi) Landscape plan. Indicate species of plant material, size and height, and location; and (vii) Other information which may be required in order to determine whether the standards in this Declaration have been met. Section 7. Plan Check Fee. All individuals submitting plans to the Committee and not using Declarant as their house builder shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee plus a damage deposit shall be required for the review of plans and specifications for Residences. A plan check fee shall be required for the review of accessory structures and alterations. All fees and deposits shall be determined by the Committee. Section 8. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other Residences in the Subdivision, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 9. Exclusions. Plans and specifications for Residences constructed by Declarant shall not be reviewed by the Committee. Page 20 Section 10. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 11. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. All structures and improvements shall comply with the provisions of the applicable building code relating to height restrictions, setback requirements, drainage easements and other easements and/or restrictions. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be geld responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 12. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 13. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. ARTICLE XII BUILDING AND LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for single family residential purposes and related facilities normally incidental to a residential community, except as allowed by Section 4 below, however, no single family residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair Housing Act. Private single family Residences shall consist of no less than one Lot. Page 21 Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Business. No trade, craft, home business, professions, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful enjoyment of any part of the Subdivision, shall be conducted or carried on upon any Lot or within any building located within the Subdivision. All businesses must comply with any applicable City regulations and ordinances. Section 5. TemporaEM Structures for Residential Pur uses. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. This provision shall not apply to the Declarant during the Development Period, including the home construction period. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals, other than dogs, cats, small caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot, provided they are not kept, bred, or maintained for a commercial purpose and they do not unreasonably interfere with the use and enjoyment of any part of the Properties_ Dogs shall not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Dog runs, kennels, enclosures to be built must be submitted to the Committee for approval. Consistent with the City of Renton's leash law, pets shall be registered, licensed and inoculated from time to time as required by King County or any applicable law. Page 22 Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition. Section 9. Rental and Leasing. The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting less than the entire Lot or improvements thereon unless otherwise approved by the Board of Directors. All leases and rental agreements shall be in writing and shall specify that it is subject to this Declaration, the Articles and Bylaws and Rules and Regulations. If a lease or rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and Regulations, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and Regulations shall be enforceable against the tenant/lessee and the Owner. If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner of the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article, there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or home. Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices. There shall be no permanent and/or temporary storage of goods, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self- propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) "Garage Parking Spaces" shall mean the number of parking spaces within a garage attached to a Residence equal to the number of garage doors on the garage. A double wide garage door shall count as two (2) Garage Parking Spaces. All Page 23 Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway of any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four (24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-of-way adjoining any Lot; (iv) No Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way; and (v) Owners who have visiting guests intending to stay shall be allowed to park their Passenger Vehicle either in the Garage Parking Space or upon the driveway. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not moved the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices within the required time period the Association may have the goods, equipment, or devices removed; assess the Owner daily fines until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 11. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected, as provided for in Article XI. The Declarant or Committee, if selected, shall determine if the general building and land use restrictions are met. The Declarant may prepare residential Design Guidelines which may contain guidelines in addition to those set forth herein. During the Development Period, Declarant shall have the sole authority to amend the general building and land use restrictions set forth herein and any Design Guidelines, consistent with the land use restrictions and conditions of Plat approval. Section 12. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement. Section 13. Protection of Trees. Owners shall not cut down trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. Section 14. Fences. No fences shall be erected without the prior written approval of the Committee. Fences shall be allowed on a Lot and its location shall be subject to Page 24 easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and the Design Guidelines established by the Declarant, if any, and prior written approval of the Committee. Each Lot Owner shall be responsible for the continued maintenance and repair of any fence on its Lot. Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Section 16. Accessory Structures. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot. Permitted accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds, woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design, materials, and location on the Lot by the Committee. The Committee may refuse to approve an accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance to the Subdivision or other homes. The location of an accessory building shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the home. The Committee may require visual screening of accessory buildings from adjacent Lots. All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements, drainage easements and other easements of buffers; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Building Code because of a change in the Building Code. Section 17. Si ns. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs may be used by the Declarant, or an agent of Declarants, to advertise the Lots during the construction and sale period. Declarant's signs may include project marketing signs, directional signs and model home signs. Political signs may not be displayed more than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Rights of Way owned or maintained by the Homeowners Association. Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be constructed, erected, or maintained upon any Lot without the prior written consent of the Committee. The Committee may disallow any or all pools or spas in their sole discretion and shall have the authority to establish rules governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. The installation of any such facility shall be in accordance with the plans approved by the Committee in addition to Page 25 all local and state building ordinances and use of such facility shall be in strict compliance with the conditions of approval set down by the Committee. Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the building of a Lot, unless the lines and wires shall be underground or in conduit attached to a building. No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Section 20. Gardens, Play Equipment, Sport Courts, Pools, Spas and Basketball Standards. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the Residence or in the garage. Any violation of these restrictions may result in the removal of such device. The Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Section 21. Decks and Patios. The Committee may require screening such as skirting for decks which extend four (4) feet or more off the ground. Section 22. Holiday Displays and other Exterior Adornments. All holiday displays and decorations must be removed within two (2) weeks of the end of the pertinent holiday. No displays or decorations may be installed earlier than six (6) weeks before the pertinent holiday. Section 23. Flag and Flag Poles. Any display of the flag of the United States by an Owner must be displayed in a manner consistent with the federal flag display law 4 U.S.C. Sec. 1 et sec. The Committee shall review and approve the placement and manner of display of the flag and the Committee shall review and approve the location and size of a flagpole used for the display of the United States flag. Flag poles used by Declarant on the Properties to advertise the Subdivision shall be allowed. Section 24. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. Section 25. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by the City of Renton in force at the commencement of the construction, including the latest revisions thereof. Section 26. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, except in cases of emergency, at any reasonable Page 26 predetermined hour, upon 24 hours` notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above -recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 27. Contractor. No home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington and the prior written approval of the Committee. Section 28. Fines. In the event a Lot Owner violates any of the covenants, conditions and/or restrictions set forth in this document, the Association has the right to assess fines for said violations. The Board of Directors shall adopt Rules and Regulations which shall set forth the fines for violations of any of the covenants, conditions and/or restrictions set forth in this document. The Board of Directors may choose to pursue legal channels to gain injunctive relief and any associated legal expenses will be added to the fines. Such fines shall be collectible in the same manner as assessments and any remedies available for the collection of assessments shall also be available for the collection of fines. Section 29. Construction and Sale Period. So long as Declarant owns any property in the Subdivision for development and/or sale, the restrictions set forth in this article shall not be applied or interpreted as to prevent, hinder or interfere with development, construction or sales activities of Declarant or any builder or developer approved by Declarant. Section 30. Exterior Lighting. Lot Owners are prohibited from installing exterior security or flood type lighting to the rear c structure which face the abutting neighboring determined by the Association. Decorative installed lighting are acceptable. sides of their house, patio/ decks or other properties and produce a lighting nuisance as low -voltage landscape lighting and builder - ARTICLE XIII GENERAL PROVISIONS Section 1. Covenants Runninsa with the Land. The covenants, conditions, and restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Amendment of Declaration. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, Page 27 regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing. In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of members representing sixty percent (60%) of the total votes in the Association, and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 8 of this Article. Notwithstanding the above, no amendment to this Declaration involving the responsibility to maintain the Common Maintenance Areas may be made without the prior written approval of the City of Renton. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Page 28 Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the right to determine the number and location of any Lots within the other parcels. If any Other Parcels are added to the Properties, all of the Other Parcels shall be governed by this Declaration. The character of the improvements which may be later added to the Properties on other parcels shall be compatible with improvements already existing on the Properties; provided, however, that Declarant may develop the other parcels for any lawful purpose that is allowed by applicable laws and regulations. All easements for ingress, egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Other Parcels. During the Development Period, the addition of Other Parcels to the Properties shall occur when the Declarant files for record an amendment to this Declaration legally describing the Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time Other Parcels are added to the Properties only to the extent the total number of votes is increased by the number of Lots added, and the percentage which one vote bears to the total is thus diminished. Section 9. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or Rules and Regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 10. Limitation of Liability. So long as a Director, Officer, Committee member, Association agent, or Declarant acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such person, then 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 negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. Section 11. Indemnification. Each Director, Officer, Committee member, and Declarant shall be indemnified by the Association, including the Lot Owners, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such Page 29 person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the under�gned, being the Declarant herein, have hereunto set their hand(s) and seals) this Z day of 20/(", DECLARANT ALBACORE ACH, LLC, a Washington limited liability company STATE OF WASHINGTON ) //,, COUNTY OF K) ) ss.) On this , C) day of M A7—a�A . 20 Ito before me. the undersianed. a notary public in and for the State of Washington, personally appeared 30e` McZ.►Wano, -qjL M F�nWG,4-of ALBACORE ACH, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND above written. ��. BCl EY Pq� rl1�r s ss .4 N, 7 8 8L�G J 11, WASHI� OFFICIAL SEAL hereto affixed the day and year first �Ak,4�- NOTARY PUBLIC in and for the State of Washington, residing at (Print Name) \�SV7`e4 P�I�c l�cj► My Commission Expires: Page 30 Its .r - STATE OF WASHINGTON ) //,, COUNTY OF K) ) ss.) On this , C) day of M A7—a�A . 20 Ito before me. the undersianed. a notary public in and for the State of Washington, personally appeared 30e` McZ.►Wano, -qjL M F�nWG,4-of ALBACORE ACH, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND above written. ��. BCl EY Pq� rl1�r s ss .4 N, 7 8 8L�G J 11, WASHI� OFFICIAL SEAL hereto affixed the day and year first �Ak,4�- NOTARY PUBLIC in and for the State of Washington, residing at (Print Name) \�SV7`e4 P�I�c l�cj► My Commission Expires: Page 30 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel A: The North 677.44 feet of the West %2 of the West Y2 of the Southeast'/ of the Southeast 1/4 of Section 3, Township 24 North, Range 5 East., W.M., in King County, Washington; EXCEPT the West 130 feet of portion lying South of a line 339.5 feet South of the North fine; EXCEPT that portion of said North 677.44 feet lying South of the following described line: BEGINNING at the intersection of the South line of the North 677.44 feet with the East line of West Y2 of the West Y2 of the Southeast'/ of the Southeast Y of said Section 3; THENCE North 87-49-08 West along said South line a distance of 89.01 feet to the beginning of said line; THENCE North 67-07-57 West a distance of 119.88 feet to the intersection of the East line of the West 130 feet of the Southeast '/ of the Southeast '/4 of said Section 3, said intersection being terminus of line; EXCEPT portion, if any, conveyed to James L. Dixon, et ux, by deeds recorded under Auditor File No. 6468344 and 7207120398; Parcel B: A non-exclusive easement for ingress and egress as created by instrument recorded as recording number 7609140487. Page 31 RECEIPT EGO0049046 CITY OF -' ff In wwsvw�Renton %�o 1055 S Grady Way, Renton, WA 98057 Transaction Date: February 01, 2016 BILLING CONTACT RECEIVED ALBACORE ACH LLC FEB 0 2 2016 9675 SE 36TH ST #105 CITY OF RENTON MERCER ISLAND, WA 98040 PLANNING DIVISION REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD L.UA16-000071 PLAN - Final Plat Fee Technology Fee Fee Payment Fee Payment Credit Card Credit Card $1,500.00 $45.00 SUB TOTAL 51,545.00 TOTAL $1,545.00 Printed On: February 01, 2016 Prepared By: Jan Iltian Page 1 of 1 W Q. z