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lil ---c.1-....... f,"TlllT} CW.FlKT NOTE: RECEIVED POR110N OFTllE f',;E l/4 OF SECTION 6. TWP. 22 N., RGE 5£. W.M. K/NGCOU/l<TY, WAS//rNOTON iO.,,______ 'P.e .•• I JLJ1 tfil-c-\ r~ Clrn,OF RENT. N, ~ ry~-,, y _,., .. ,... PLA1NING DIVIS! 1\L if "" ... ~ ._,_...,1/ L --~ t ~--· . ' _J_ ·ti ~L:. ""-·· .,. SOUTII_55T1l ,'itB£ET ,..,.. ,. / __ . .._ :;::z:'.~~~~:t='~;: .. ~:-·-,~ ,/'·;--:-: R"~~ ~:Sm ~I ., ,, ., I 1" "'-"'1:ff ~ . ' ,, ==-~ ; .1 -~+ ' . ' .SCALti: r = .l(r - 1 ~~ I . " i ! ' I WTt/7 ~fffV ---::-,----·,7: ' l J o, 6· ~ L_J --r _...!":"..._r " ~ i: L-_-( _'.'.__;_ -_1: \ ·1 , :,: : r --~---:~:-- • 1 , nucrws ,. ~ , U?[!1; :1.: t?,_~'!5 f~ ~~ ~AC£ ":! ,, I " t i~:' '· '!!J',.16 WTll2 ~ is! j ;/ .. 1-~· ___ j :.l/1{~--: ,:~.·<:7 'J rr--::~:_::-_ -,·.·': ~· -_!!._ , " I~ LOTl4 h t:;: I I "'"~ .;;-~=-.. _-ff. • ~·------·-- ',fl,-~• fr--c--=---= , ·:, ! "ZZ '!,ITTll /(i j .. 1_ : , ·.'\.~~-" .(~ --, .,. .... ~' -f ' --~ ,' -I ""'" ' '·"""' " L .. 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' . ii l I l ; ,, ......... -~ \ i I • ,,.---- ' • I t .... ),.. r-~l--i--ac-.L,?'.._; o/ , ,,...-J t Ii, ,.,._,. ,,..,, • -~·-·-.. ------· ---- a I I I ) • I I J ' ; 1' ; • l ' I ' I I I I! ! ' =---------, I ~·-,--~-___ I ?1-'· l \ ' 'l I· ·I i, I ' ; I j j \ " .. ,, •! i l • ... , I I ' ! ! . ' i ' ' ' \ I ; / m~r=a8'==_j, . ' ,, ,, \ .. 'i, , J n < ~ C 1, 5 r • CITY OF RENTO~ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 14, 2017 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: Talbot and 55th Plat aka Teravista LUA (file} Number: LUA16-000338, FP Cross-References: AKA's: Project Manager: Jan Illian Acceptance Date: December 5, 2016 Applicant: Phil Nelson Owner: Talbot Road, LLC Contact: Phil Nelson PIO Number: 8556600-160, -090, -010, -050, -060 -020, -140, -150, -130, -040, -070, ·110, -080, -030, -100, -170, ·120, -151 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: No Public Hearing Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: October 11, 2016 Anneal Period Ends: October 25. 2016 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final Plat for Talbot and 55th Plat. 17 lot subdivision with 3 tracts. Preliminary Plat LUA08-043. Location: 1920 -97th Ave South Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. '. - Wetlan,Mitigation Monitoring Services !reement i/ECIE!VIED OCT 21 2016 CITY OIF RIEN70N PLANNING DIVISION THIS AGREEMENT ("Contract") is made this 30th day of June. 2016, between Talbot Road LLC, (Owner). and Kkaromero LLC, (Contractor). WITNESSETH, that the Owner and the Contractor. The work described in Article 1 below shall be performed in accordance with all plans, specifications and other Contract documents for the project known as 55 Talbot Road Wetland Mitigation Monitoring Services. ARTICLE 1. SCOPE OF THE WORK General Wetland Mitigation area monitoring and maintenance contained within the boundaries of the following described real property in King County, Washington: PARCAL "A" SPRINGBROOK ACRE TRACTS LOT "A" KING COUNTY BOUNDARD LINE ADJUSTMENT NO L05L0092 RECORDING NUMBER 20060523900010 BEING A PORTION OF NE QTR OF NE QTR SECTION 06, TOWNSHIP 22N, RANGE E, KING COUNTY, PLAT LOT: PORTION 11 SITUATION IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Wetland site is identified in Attachment A Inspections will occur annually in the late summer or early fall (between August 1 and September 30) prior to leaf drop. A written annual report will include baseline and comparative wetland delineations and functional assessments in accordance with the Performance Standards outlined on Page 4 of Attachment B "Genesis Resource Consulting Wetland Buffer Mitigation Plan, Talbot & 55th Parcel 793100015106" dated June 24th 2013 and Attachment C, "Watershed Dynamics" Approved Review Memo dated June 28, 2016. Photopoints will be included in the annual reports to provide a visual record of the mitigation site over time. The photopoints will be taken from the same location from year to year. Inspection and Maintenance Post-planting inspections and maintenance actions (such as irrigation or weeding) will occur. Removal of nonnative weeds (Himalayan Blackberry, English Ivy, Japanese Knotweed, Scots Broom, Reed Canary Grass, Morning Glory Purple Loosestrife) will occur by hand for three years after planting. Herbicides or pesticides will not be used unless permission from a senior ecologist is obtained. Native plants that have volunteered at the site will not be removed. More information on noxious weeds see http://www.kingcounty.gov/environment/animals-and-plants/noxious- weeds/weed-control-practices/bmp.aspx 1 I Wetlan,Mitigation Monitoring Services !reement Site Irrigation Site irrigation will follow documentation from King County Department of Permitting and Environmental Review which reads as follows: Plants just becoming established typically need an inch of water per week during the growing season. During the dry summer months, irrigation may be necessary. Typically newly established plants require an inch of water twice a week for the first year and one inch of water once a week for the second year. Deeper, less-frequent watering promotes establishment of deeper roots during the first year. During the second year, plants will be gradually weaned from the irrigation by irrigating less. Contingency Plan If plant, fence or sign failure occurs, careful identification and corrective actions will be taken. Replacement costs for plant, fence or sign failure will be the responsibility of the contractor and part of the contract price. If plant, fence or sign failure is caused by a natural disaster, e.g., landslide, earthquake, sinkhole, volcanic eruption or flood; failure shall be documented by contractor in writing and include photos and replacement costs upon mutual agreement of both parties covered by owner. ARTICLE 2. TIME OF COMPLETION Work to be performed under this Contract shall commenced on or before the 1 day of July, 2016, and shall be a three year period ending the 31 day of December, 2018. Extension(s) of this contract, by mutual agreement of both parties, may be made at (1) year intervals, or any interval that is advantageous to Talbot Road LLC. ARTICLE 3. THE CONTRACT PRICE The Owner agrees to pay the Contractor the sum of $5,500.00 for time and materials paid out at $2,500.00 the first year $1,500.00 the second year and $1,000.00 the third year. ARTICLE 4. PAYMENTS Payment will be made within 15 days receipt of invoice by Contractor. ARTICLE 5. ENTIRE AGREEMENT This agreement represents the entire agreement between the Contractor and the Owner regarding the work described in Article 1, and supersedes any prior written or oral agreements or representations as to that work. ARTICLE 6. GENERAL PROVISIONS 2 ~--------------------------------- Wetlan,Mitigation Monitoring Services !reement 1. All work shall be completed in a workmanship like manner and in compliance with all building codes and other applicable laws. 2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract. 4. Contractor warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. 5. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. 6. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. Signed this 30'" day of June, 2016. 3 Wetlan,Mitigation Monitoring Services !reement Attachment A -Wetland Site e...~ Mi~tio.t _/ ~ 99-+~'- l)i~t....-1c:,e cl &..<Pf.e..-- 2. • 40(. .s. .c:: I ~L __ Ssimlilk: ~mt1' Common~IIIJI$ P=dotsuga mcnzicsii Dou;IIS (u Rham..., pll1Shiml> Casauo M•lloni.,,quirolhun 1&11 °"CflOO llfapc Ribcs sanprincum red-flowering cumm S)mphoriwpo, '1bus """'1>my 4 S&?Kina Sin Qli!l]lil>: Snnl.!2t 16'0.C. S gallon 8 PSM s·o.c. s pllon 12 RHP ,·o.c. 2 gallon 24 M 4'0.C. 2 pllon 12 R 4'0.C. 2 gallon 24 s Wetlan,Mitigation Monitoring Services !reement Attachment B Performance Standards Genesis Resource Consulting Wetland Buffer Mitigation Plan, Talbot & 55th Parcel 793100015106" dated June 24th 2013 5 ~-------------------· -------- Wetlanf Mitigation Monitoring Services !reement Attachment C "Watershed Dynamics" Approved Review Memo dated June 28, 2016 6 .. -.... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • • BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Talbot and 55th Final Plat LUA16-000338, FP ) ) ) FINAL PLAT AP PROV AL ) ) ) ) ) Summary 16 The applicant has applied for final plat approval of the Talbot and 55th subdivision. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. 2. 3. 4. 5. September 23, 2016 staff report. Preliminary Plat Report and Exhibits (LUA08-043). Final Plat Map Vicinity Map. Conditions of Compliance Letter FINAL PLAT-I 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 • • Findings of Fact Procedural: I. Applicant. Talbot Road 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 17 lot subdivision, as depicted in Ex. 3. The subdivision received preliminary plat approval on March 7, 2013 by the City of Renton. The subdivision is located at 19200 97th Ave South. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. I, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: I. Authority of Hearing Examiner. RMC 4-7-1 IO(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-l lO(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 is approved, subject to the following condition: I. 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 11th day of October, 2016. FTI\T AT PT AT _ ') 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 • • City of Renton Hearing Examiner Appeal Rights and Valuation Notices RMC 4-8-080(G) classifies final plat decision as Type 1II applications subject to appeal to the City Council. Appeals of the hearing examiner's decision must 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. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. l'IN AT PT AT -l • DEPARfl\/fENT OF COMMUNITY --------~enton ® AND ECONOMIC DEVELOPMENT A. REPORT TO THE HEARING EXAMINER DATE: Project Nome Owner: Address: Contact: File Number: Project Manager: Project Summary: Project Location: Site Area: i 8. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Septembe{2;, 2016 Talbot and 55th Final Plat Talbot Road LLC. 12505 -Bellevue Redmond Rd, Suite 200 Bellevue, Phil Nelson, Talbot Road LLC. LUA16-000338, FP Jan Illian A 17-lot residential subdivision with 2 Tracts on a 2.91 acre site, located within the {R-6) cla ification. Preliminary Plat LUA 08-043. 2DI;) 97 Ave South, Section 6, Township 22, Range 05 126,815 SF (2.91 acres) Staff Report dated September 21, 2016 Preliminary Plat Report and Exhibits {LUAOS-043) Final Plat Map Vicinity Map Conditions of Compliance Letter I C. FINDINGS OF FACT (FOF}: 1. The applicant, Talbot Road LLC., filed a request for approval of a 17 -lot final plat. 2. The Environmental Review Committee {ERC), the City's responsible official, issued a Determination of Non-Significance -Mitigated on March 31, 2014 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 192ct}-97'h Ave South. The plat is located in Section 14 Twp.23 Rng.05. \q~oo 5. The subject site (126,815 square feet) is a 2.91 acre parcel. 6. The preliminary plat (LUA08 -043) received approval from the City of Renton on March 7th, 2013. HEX Report Talbot ond ss' Plot LUA 16-000338, FP • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT A. REPORT TO THE HEARING EXAMINER DATE: September 23, 2016 Project Name Talbot and 55th Final Plat Owner: Talbot Road LLC. • --------Renton 8 Address: 12505 Bellevue Redmond Rd, Suite 200 Bellevue, WA 98005 Contact: Phil Nelson, Talbot Road LLC. File Number: LUA16-000338, FP Project Manager: Jan Illian Project Summary: · A 17-lot residential subdivision with 2 Tracts on a 2.91 acre site, located within the (R-6) zoning classification. Preliminary Plat LUA 08-043. Project Location: 19200 97th Ave South, Section 6, Township 22, Range 05 Site Area: 126,815 SF (2.91 acres) I 8. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Staff Report dated September 23, 2016 Preliminary Plat Report and Exhibits (LUA08-043) Final Plat Map Vicinity Map Conditions of Compliance Letter I C. FINDINGS OF FACT (FOF): 1. The applicant, Talbot Road LLC., filed a request for approval of a 17 -lot final plat. 2. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance -Mitigated on March 31, 2014 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 19200 97th Ave South. The plat is located in Section 14 Twp.23 Rng.05. 5. The subject site (126,815 square feet) is a 2.91 acre parcel. 6. The preliminary plat (LUA08. 043) received approval from the City of Renton on March 7th, 2013. HEX Report Talbot and ss' Plat LUA 16-000338, FP City of Renton Department of Commun. Economic Development Talbot and 55th Final Plat September 23, 2016 .ng Examiner Recommendation LUA16-000338, FP Page 2 of4 7. The proposed project is subject to a Settlement Agreement M. T. Development, LLC v. Renton. The agreement vests the project to King County development standards in place at the time. The property is located within the King County R-6 zone and UR4-12 Comp Plan designation. 8. The Final Plat complies with both the King County Zoning Code and the Comprehensive Plan, as required by the Hearing Examiner. 9. The applicant has complied with the following conditions imposed by the ERC on September 15, 2014: i. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study report, prepared Earth Solutions NW, LLC. Dated February s'h, 2014. Staff Response: These recommendations have been 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 March 7'h, 2013. i. The open space shall be placed in a separate tract and that tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with KCC 21.A.14.200. Staff Response: The open space has been placed in a separated tract dedicated to the Homeowner's Association for maintenance. ii. The applicant shall redesign the grading plan to provide an open space tract that does not exceed the five percent grade maximum. The updated grading plan shall be resubmitted for review and approval by the Current Planning Project Manager, prior to construction permit issuance. Staff Response: The open space tract does not exceed a maximum grade of five percent. iii. The applicant shall provide a recreation space plan for review and approval by the Current Planning Project Manager with the construction permit application. Staff Response: The recreation space has been approved by the Current Planning Project Manager and complies with all the requirements of the King County Code and KCC 21A.14.180. iv. A landscape plan and irrigation plan consistent with KCC 21.A.16.115 shall be provided for review and approval by the Current Planning Project Manager with the construction permit application. The recreation space plan shall be approved prior to construction permit issuance and shall comply with all the requirements of the King County Code, including KCC 21A.14.180. Staff Response: The irrigation and landscape plans have been approved by the Current Planning Project Manager and complies with all the requirements of the King County Code. v. The applicant shall redesign the wetland tract to comply with the wetland mitigation requirements in KCC 21A.24.340 and provide an evaluation prepared by a qualified professional identifying compliance with the requirements of 21A.24.340 prior to construction permit issuance. The updated wetland tract and associated mitigation documents shall be approved by the Current Planning Project Manager prior to permit issuance. The landscaping plan shall be approved prior to construction permit issuance. HEX Report Talbot and ss"0 LUA 16-000338, FP City of Renton Department of Communi. Economic Development Talbot and 55th Final Plat .ng Examiner Recommendation LUA16-000338, FP September 23, 2016 Page 3 of 4 Staff Response: The wetland tract has been redesigned to comply with the wetland mitigation requirements in KCC 21.A.24.340 and an evaluation was prepared by a qualified professional identifying compliance with the requirements and were approved by the Current Planning Project Manager at the City of Renton. vi. An access road and easement shall be provided to the City to sanitary sewer manhole #3. Such access shall be from Talbot Road South and be constructed of a drivable surface. Review and approval of the access design shall be completed by the Plan Review Project Manager prior to construction permit issuance. The access easement shall be recorded with the final plat. Staff Response: An access road has been created to provide access to the sewer manhole for city maintenance. The access road was approved and shown on the approved construction drawings. The access easement has been submitted for review and will be recorded with the final plat. vii. The two private access easements shall be recorded at the time of final plat recording. Staff Response: Two private access easements for the sanitary sewer and the storm water detention facility have been submitted for review and approval and will be recorded concurrently with the final plat. viii. The applicant shall provide a tree retention plan which is in compliance with the KCC 16-82-156 for review and approval by the Current Planning Project Manager prior to construction permit issuance. Staff Response: A tree retention plan was not required under King County Code 16-82-156, as there were no significant trees to retain on the existing site. ix. The wetland tract shall be placed in a Native Growth Protection tract and shall be recorded on the face of plat. In addition a Home Owner's Association shall be created and each land owner of the subdivision shall have a shared undivided interest in the NGPE tract. StaffRespanse: The wetland tract (NGPE) will be recorded on the face of the plat. The Home Owner's Association has been created. All homeowner's will share interest in the tract for maintenance. Standard language is shown on the final plat. x. If not done so already, City staff shall ensure that the proposal complies with the City's concurrency regulations and that all off-site traffic impacts have been adequately mitigated. Staff Response: Traffic Concurrency was approved by the City at site plan approval and off-site impacts have been mitigated by approval of the construction plans. I o. CONCLUSIONS: 1. The subject site is located in the King County Urban Residential (UR4-12) R-6 zoning designation and complies with the zoning and development standards established with this designation, see FOF 7. 2. The Final Plat satisfies the conditions imposed by the preliminary plat process, see FOF 6. HEX Report To/bot ond 55'h0 LUA 16-000338, FP City of Renton Department of Commun. Economic Development Talbot and ss'h Final Plat September 23, 2016 ! E. RECOMMENDATION: .ing Examiner Recommendation LUA16-000338, FP Page 4 of 4 Staff recommends approval ofTalbot and 55th Final Plat, File No. LUA16-000338, 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. SUBMITIED THIS 23'" DAY OF SEPTEMBER, 2016 HEX Report Talbot and 55tho LUA 16-000338, FP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -· ( BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Talbot and 55th Preliminary Plat LUAOS-043, PP ) ) ) FINAL DECISION ) ) ) ) ) SUMMARY 16 The Applicant requests preliminary plat approval for a 17 lot residential subdivision. The preliminary plat is approved with conditions. 17 18 TESTIMONY 19 Vanessa Dolbee, Renton Senior Planner, stated the application is for a preliminary plat at Talbot and 20 55th St The site bas been subject to a settlement agreement, MT Development LLC v. Renton. The agreement vests the project to King County's 2007 code and waives processing and city impact fees. 21 The site is a vacant lot located in the SE comer of Talbot Road S and S 55th St. It is approximately 2.91 acres and within the urban residential King County Comprehensive plan designation and R-6 22 zone. The proposal is for 17 lots and 3 tracts with a density of 5.8 dwelling units per acre. Toe lots range from 4,000 to 6,900 sq ft. The three tracts are for stormwater drainage, wetland, and open 23 space. The site contains a 1400 sq ft, category 4 wetland, per King County Code. This wetland 24 designation requires a 50 ft buffer. A new public road off of S 55th St will provide access to the site. The project proposes frontage improvements along both Talbot Rd and 55th St with 1300ft of 25 dedication. An additional 17000ft of dedication would be provided via the new public access road. The landscape plan was not provided with the application materials. The project is exempt from 26 SEP A review under King County regulations because it is less than 20 lots. No public or agency PRELIMINARY PLAT-! EXHIBIT 2 • (\ 1 comments were received. The proposal is consistent with relevant King County Comprehensive policies and will be compliant with zoning regulations if all of the conditions of the project are 2 followed. On-site recreation space is proposed at 390sq ft per lot, and a 6,700sq ft of open space tract 3 is proposed. The applicant did not provide details of the open space, but King County Code requires two play areas, one being a tot-lot. The project's tree requirement is one for every 40ft of frontage. 4 Significant trees within the interior of the development should be retained at a rate of 10 trees per acre . or 5 percent, whichever is greater. Based on a site visit, there are very few trees on the property that · 5 meet King County's definition of a significant tree. A wetland delineation report dated March 26, 6 2012 was prepared and noted that a portion of the on-site wetland extends into the Talbot Rd right-of- way. There is a planned 50ft wetland buffer; however, the frontage irnprovemenis along Talbot Rd 7 will impact this buffer. This impact requires mitigation of a rate of 1: 1. Police and fire staff have indicated that sufficient resources exist to provide for the new residences. Kent School District can 8 accommodate any new students as well. New water and sewer lines would be required as part of the 9 development. An open pond will provide water quality as dictated by 2005 King County Surface Water Design Manual. Staff recommends approval of the application, subject to the nine conditions Jo listed in the staff report. Moving the sidewalk to the east would not mitigate the wetland buffer impact and would require portions of the sidewalk to move off-site. One condition of approval is that 11 a recreation plan be provided. This plan would include details on the proposed play areas. 12 Bryan Kaleb, on behalf of applicant, stated that the applicant agrees with all conditions set forth by 13 city staff. 14 EXHIBITS 15 Exhibits 2-14 listed on page 2 of the February 19, 2013 Staff Report, in addition to the Staff Report 16 itself (Ex. !), were admitted into evidence during the public hearing. Staffs power point presentation was admitted as Ex. 15. 17 18 19 20 21 Procedural: I. Applicant. FINDINGS OF FACT MT Development, LLC. 2. Hearing. The Examiner held a hearing on the subject application on February 19, 2013 in 22 the City of Renton Council Chambers. 23 3; Project Description. The applicant requests preliminary plat approval for a 17 lot residential 24 subdivision. The proposal is vested to 2007 King County development standards per a Settlement 25 Agreement dated October 9, 2007, MT Development, LLC v. Renton, Ex. 13. The subject parcel is located in the SE comer of S 55th St. and Talbot Road S. and consists of 2.91 acres. The gross 26 density of the site would be 5.80 dwelling units per acre. The site is currently vacant, vegetative PRELIMINARY PLAT-2 -----------------------------~ c• 1 · cover consisting mainly of brush and grass. The proposed lot sizes will range from 3,920 SF to 2 6,919 SF and would include a detention water quality pond in "Tract 999". The proposed plat also would contain two other tracts for wetlands and open space. The development would be accessed 3 via a new road dedicated to the City consisting of 18,249 SF, with ingress and egress at S. 55th St. 4 ending in a cul-de-sac. The applicant submitted a wetland reconnaissance indicating a Category IV Wetland, that will be protected by a 50 foot buffer. 5 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate 6 infrastructure and public services. Specific public infrastructure and services are addressed as 7 follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. Water and Sewer Service. Water and sewer service will be provided by the City of Renton. There is an existing 12" DI water main located in Talbot Rd_ S. The applicant will be required to install an 8 inch DI water main in S 55th St., from Talbot Rd. S along the full frontage of the parcel being developed to the east property line. In addition, the applicant will be required to install a 12 inch DJ waterline in Talbot Rd. S. connecting to the existing 12 inch main in Talbot Rd. S. at S. 55th St. and extend it in Talbot Rd. S to the south property line of the proposed plat. Furthermore, an extension of an 8 inch main in the new public internal road will be required from the south end of the cul-de-sac to the west, connecting with the new 12 inch main to be installed in Talbot Rd. S. There is an existing 8" sanitary sewer main in S 55th St. and in Talbot Rd S. The installation of a sanitary sewer main in the new public street is required, in the approximate vicinity of new Lot 5, extending the main to the west to SSMH #5, thus eliminating the diagonal run shown on the conceptual sewer plan from SSMH#6 (Exhibit 7). In addition an access road for the City along with an easement shall be provided from Talbot Rd. S. to allow for a drivable surface to SSMH #3. Staff recommends this access be provided as a condition of approval. Individual side sewers will be required to be installed to serve the new lots, dual side sewers will not be allowed. B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development. Typically the application would be required to pay code required impact fees, however due to the settlement agreement, the applicant is not required to pay fire impact fees. C. Drainage. Under existing conditions the site drainage infiltrates as the site is currently undeveloped and forested. The storm drainage and TESC standards for the project are established by the 2005 King County Surface Water Manual (KCSWM). The development site is required to meet both detention and water quality improvements. PRELIMINARY PLAT-3 -------- I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 26 • (' The applicant submitted a Preliminary Technical Information Report ("TIR") prepared by Insight Engineering Co., dated December 5, 2012 (Exhibit 12). Based on the provided TIR the applicant is proposing to develop an open pond to meet the detention requirements and a bio-swale downstream of the proposed detention pond to provide adequate water quality. The applicant has proposed to tight line the outflow from the detention facility to the existing storm system in Talbot Rd. s_ The project would maintain the site's natural drainage pattern. A final storm drainage report would be required to be submitted with formal construction permit application. D. Parks/Open Space. KCC 21A.14.180 governs the standards for parks and open space. It requires 390 square feet per lot for the project, totaling 6,630 square feet. The proposal exceeds this requirement by providing for 6,710 square feet. However, as discussed in the staff report, the proposed recreation/open space fails to meet maximum grade requirements and expressly meet other KCC 21A.14.180 code requirements as well. Since sufficient space is set aside to satisfy open space/recreational requirements, the more specific requirements ofKCC 21A.14.180 can be met by a condition requiring the preparation ofrecreation space plan for review and approval by staff. E. Streets. The applicant proposes to make frontage improvements along Talbot Rd. S and S. 55th St. as well as to construct a new internal cul de sac. Staff have determined the proposed street improvements comply with King County Road Design and Construction Standards -2007. The improvements include sidewalks and street lighting. The staff report does not contain any assessment of trip generation or impacts to off-site traffic facilities. Normally such impacts would at the least be assessed by traffic impact . . . fees, but those fees have been waived as consideration for the settlement of a lawsuit pertaining to the project. See Ex. 13. It is understood that City staff likely considered off- site traffic impacts and did a concurrency analysis. However, since there is no trip study in the record and no suggestion that off-site impacts were considered, the conditions of approval will address this issue. F. Schools. The staff report concludes that it is anticipated that the Kent School District can accommodate any additional students generated by this proposal at the following schools. A School Impact Fee, based on new single-family lot, will be required in order to mitigate the proposal's potential impacts to the Kent School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $5,486.00 per single family residence. The settlement agreement waives all PRELIMINARY PLAT-4 . . 1 2 3 ( • City fees including impact fees, however the School District fee is not a City fee, but a School District fee, therefore, the subject impact fee would still be assessed as a part of the subject project. 4 5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed in Finding of Fact No. 4, the proposal provides for adequate infrastructure and is served by adequate 5 public services. There are no critical areas on site except for a Category IV wetland. The wetland has been delineated and fifty foot buffers have been integrated into the proposal as required by King 6 County regulations. As noted in the staff report, some Talbot Road frontage improvements do encroach into the fifty foot wetland buffer, but this type of encroachment is authorized by King 7 County regulations. As further noted in the staff report, p.8, further wetland impact analysis and 8 compensation is necessary to assure that the wetland will not be adversely affected by the encroachment Since there is adequate space in the proposed plat to accommodate any reasonably 9 necessary buffer compensation, the analysis and compensation will be made a condition of approval. 10 Aesthetics of the proposal will be addressed to the extent authorized by applicable regulations by the imposition of conditions that require tree retention and landscaping plans to ensure consistency with King County tree retention and landscaping requirements. 11 12 13 14 15 16 Conclusions of Law I. Authority. RMC 4-7-020(C) and 4-7-050(0)(5) provide that the Hearing Examiner shall hold a hearing and issue a final decision on preliminary plat applications. 2. Zoning/Comprehensive Plan Designations. The subject property is vested to the 2007 King 17 County zoning designation ofR-6. See Ex. 13. 18 3. Review Criteria. As agreed in the settlement agreement that applies to this case, See Ex. 13, 19 King County development standards in effect in 2007 apply to the proposal. King County development standards do not segregate discretionary review standards from those that typically 20 apply during engineering review, but instead simply require compliance with a laundry list of both 21 discretionary and ministerial standards. See KCC 19A.08.060. One of those standards is Chapter 58.17 RCW, which contains the discretionary level of review standards required of all Washington 22 cities and counties. In particular, RCW 58.17.110 sets the "adequacy of infrastructure" criterion, 23 which is the heart of discretionary subdivision review and the one criterion that the King County hearing examiner focuses upon in its preliminary plat decisions. See, e.g., King County Hearing 24 Examiner Shultz Preliminary Plat Decision, LOOP0005. Consequently, review of the proposed 25 preliminary plat will be limited to application of RCW 58.17 .110, with the understanding that staff has found compliance with the other standards identified in KCC 19A.08.060 as far as necessary for 26 preliminary plat design and that final compliance will be determined and enforced through PRELIMINARY PLAT -5 . ------------------------~ engineering review and the final plat approval process. Further, as discussed in the findings of fact, 2 the engineering standards of KCC 19A.08.060 are often used to assess the adequacy of improvements assessed under RCW 58.17 .110. It is also determined that the proposal is consistent 3 with the King County Comprehensive Plan, as determined in the staff report, the findings and 4 conclusions of which that pertain to the Comprehensive Plan are adopted by this reference as if set forth in full. 5 The applicable subdivision criterion, RCW 58.17.110, is quoted below in italics and applied by a 6 corresponding conclusion oflaw. 7 8 9 10 II 12 13 14 15 16 17 RCW 58.17.110(1): The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) ff appropriate provisions are made for, but not limited to, the public health, safety, _ and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. 4. Consistency with RCW 58.17.110. The proposal provides for adequate infrastructure as required by RCW 58.17.110 as determined in Finding of Fact No. 4. The public interest and public health, safety and welfare will be served by the proposal because it will° not create any significant adverse impacts as determined in Finding of Fact No. 5, is served by adequate infrastructure and public services and provides for housing and for the reasonable development of land. DECISION 18 The proposed preliminary plat is approved, subject to the following conditions: 19 20 21 22 23 24 25 26 1. The open space shall be placed in a separate tract and that tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with KCC 21A.14.200. 2. The applicant shall re-design the grading plan, to provide an open space tract that does not exceed the 5 percent grade maximum. The updated grading plan shall be submitted for review and approval by the Current Planning Project Manager, prior to construction permit issuance. 3. The applicant shall provide a recreation space plan for review and approval by the Current Planning Project Manager with the construction permit application. The recreation space plan shall be approved prior to construction permit issuance and shall comply with all requirements of the King County Code, including KCC 2 IA.14.180. PRELIMlNARY PLAT -6 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 . ·-···--· -··· . ·--------------------------------~ --• ( 4. A landscape plan and irrigation plan consistent with KCC 2 IA.16.115 shall be provided for review and approval by the Current Planning Project Manager with ihe construction permit application. The landscape plan shall be approved prior to construction permit issuance. 5. The applicant shall redesign the wetland tract to comply with the wetland mitigation requirements in 21A.24.340 and provide an evaluation prepared by a qualified professional identifying compliance with the requirements of 21A.24.340 prior to construction permit issuance. The updated wetland tract and associated mitigation documents shall be approved by the Current Planning Project Manager prior to construction permit issuance. 6. An access road and easement shall be provided for the City to Sanitary Sewer Manhole #3. Such access shall be from Talbot Road S and be constructed of a drivable surface. Review and approval of the access design shall be completed by the Plan Review Project Manager prior to construction permit issuance. The access easement shall be recorded with the final plat. 7. The two private access easements shall be recorded at the time of final plat recording. 8. The applicant shall provide a tree retention plan which is in compliance with the KCCl6- 82-156 for review and approval by the Current Planning Project Manager prior to construction permit issuance. 9. The_ wetland tract shall be placed in a Native Growth Protection tract and shall be recorded on the face of the plat. In addition; a Home Owner's Association shall be created and each land owner of the subdivision shall have a shared undivided interest in the NGPE tract. 10. If not done so already, City staff shall ensure that the proposal complies with the City's concurrency regulations and that all off-site traffic impacts have been adequately mitigated. DATED this 7th day of March, 2013. \s\ Phil 0/brechts (Signed original in official file) Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-l lO(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 e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-1 IO(E)(8) and RMC 4-8-IOO(G)(4). A new fourteen (14) day PRELIMINARY PLAT -7 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 • ( \ 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 -7ili floor, (425) 430-6510. Affected property owners may request a change m valuation for property tax purposes notwithstanding any program ofrevaluation. PRELIMINARY PLAT-8 !mcTIYOF ~RENTON 'l'ALBO'I' ~ 55tb AVE. PLJl'I' SHEET 20F 3 ~ LUA16 000338 LND10 0468 NORTH 1/4 CCffEft R>K>""5S= """"""' ....,.., fEAeRENCES Bl.A FEC. 00. 200605239000ll aTY OF FENTON MON..M:NTS OF FECOFD TALBOT ESTATES Ya... 172 / PO. 02 l+-f'Afll: TRACTS -111 ADO. YOt... 74 / PO. 12 A PORTION OF THE NE 1/4 OF THE N.E 1/4 OF SECTION 6, TOWNSHIP 22 NORTI;, RANGE 5 EAST OF THE. WM, CITY OF RENTON, KING COUNTY WASHINGTON. ( SOUTH 192nd STREET ) SOUTH 55th STREET S""705" E ,2615.74 ( 1-B..O BLA fEC. NO. 20'.>605?39000I) ) · ~ NORTH I GRAPHIC SCALE i ( IN !'UT-) I inch ~ '40 fL KE. COflEl'I OF SEC. a J«Jr FOI.M), 1£.0 Pl.AT f FOLN:> Elwm MON. ·--c:eT. fflOU NORTH f/4 CCRER ' ' ~·=~E:l - "" : ~~~~., ,...,.- 'lil ~ " "'= '05' w 131.88' w --0---:l tJ7.5G' lil ' ""705" E ~-"" ~ l ._c,!s_ ~ -280.1'19' j ~ ~833.tlQ'(ci.LC{~ ~ :!:.- g m X ::c M 0, =I w ~ Clll' CF IIBffilN 11:lJ ; • ' o, 0~:~ox §JB lENGlH • 38.59' m '1 """'10NAL AO-ff OF WAY 1 DED1CA TE) TO TI-E aTY OF ji fENTOl s Ci· I ~ 50l2-62 SE WEST r.;\ ce..TA • 9T'32'55' • \V AAC:U:i -25.00' LENGTH· 39.95' r.;, ca.TA • 36'22'30" ~ RAOl.S -51.50' . LENGTH • 32.70" 0~::~51' LENGTH • 20.cq (';\ 00...TA • 46"34'26' I.::,) RAa.JS -5l50' =--© 00...TA • 24'1J1T RAOL6 -""' LENGTH • 2174' (";'\ 08..TA • 22'02'45' \:_/ RAClllS -5t50' LENGTH• 19.82' © C6.TA • 30'2lf58" RAOLS-'"" LENGTH • 27.4'Y In', DELTA • 45"22'0r \:J RADR.JS -51.50' LENGTH • 40.78' ~ DELTA • 22'53'53" ~ RA!1JS • 5l5CJ' LENGTH• 20.58' © OB.TA • OT.33'0I" RAOLS-'"" LENG1H -""' @ DEl..TA • 7'J"8~ RAOLS-'500 LENG1H -04.83' @~::~~ LENGTH· 24.93' Co\ DELTA • 2T'364T )IJ$ • 90.50' «lTH • 34.14' ,: 11 / .. i1~ I I I -a 1n S0.62' -· ~ N 89'54'28' W 135.23" WEST 90.69'" '·"" Q 3MO' ea~ 45DO' 24.22° 20.78' 69.91 ,Cf) I "'~ a, > • 0 "'1· 14: I-• lo b o : l·a: .~~ <(~~ . ~ a:<( 'ti ;·1-t· !CD I '_J I<! 1rw I 111 • ~ i }p>"'•<f' • I I I r; I ~ ~N I / ., .,,,,. 1 '""'' ' °'0: l3I T ;:'. ro I " "' "' oz ' • 111 f • I 14 i ii 1s Ii: W• 8 8 ~ z z § 12 C34.96 SF. : 552G.82 SF." · w z w ~,~ 11 ! <i 540475 SF. • 11~ • -45.or sar&OS'E 352.62' I -,It 45.of ,:. \ \ \ LOT2 I I I TALBOT ESTATES VCL 172 PO 02 !1. \ LOT! \ \ I LOT 3 I I ! I ~I ~ I I I I I I I S590.12 SF. .,,,, 3 3900.74 S.F. EAST "'2Z ii i ~ i ij 4 ,,,.,.,. SF. gf:Jl ~ "'"' ms 5 "20.0< SF. iii "'"' "'"" 6 -... SF. N 53'26'11r W . .. "'"' ma . ;i ~ 7 . 5133.32 SF. ~ FWATE ACCESS ~ "° '1TU1ES EASaEHf EAST .,, ... 8 """" SF. "'" LOT4 \ \ \ ~ ~ \ IZ \ "-._ FOlH) FEBAR WICAi'• LS.""" U UlUTY EASB.ENT PB! DIG COlMY FECOfDNG NO. 20151ll200llffl SEE001E3~t} / LEGEND ""-""""' ""'°' camn. "'""' """""' .... F110M PLAT Pl POIS. I \ l!!!J P .X. NALS WERE SET al. TI-E C1.H3 AT TI-E _. \~i 0 PFD..a«:~:rx:JN CE EACH LOT UE 02/18. *" ~ ,0 DENOTES KNCi co'..m STAtOAfC> MON.IENT . 9, TO BE set FOR ntS fUT. § DENOlES 1/2" fE8AR ~ CAP LS. 30429 'o SET AT TI-E REAR LOT CCHERS. ~ ~ HCHZCWTAL OATl.l.t -NAO 83/91 Pel aTY OF \' ~ f£NTI>I SUM:Y CONTROL uauenB 1672 N<> 875 . VERTlCAL DA1UI -NA'«> 88 CfTY OF fENTOH BENCH MAR( UCltf.N:Hr NO. rilZ7 a.EVATIOH • !23.7'0' (US.FOOT) FELD lFt<l' l'B9ml NE GP S. -OAClUO ( US. FOOT ) EO.AENr ,.,., F'AOCEUES ~..:rra~~~ACLOOAJ..~' SYSTEM (OPS) WITH TI-E MAM.FACT\.R;S BTANJAIO OE\'IATICW OF 3rrm t 0.5 PPM BASEUE ROOT ~ SOUAAE CFM3) FOR STATIC t.EM,'1 PELEHTS AN) 'Qm'I + 1 PPM FOR fEAL DE KrEMA oc {RTII:). ' RS..A TNE A.CCU'fAC't PRXSX.fES WEfE USED TO t.EET OR EXCEID TI-E ACCLAACY FOR LAfO 8:>t.N'.)MY Sl..fNE'l'8 Pel WAC 332-0>-090. I ,.i ~1~; ~ ~lL 181~ 0 NCO, 0) ! • • ""' """""'"""" FCU0 EIIASS t.Ot N CASi:: LOTS \ \ ""' aTY OF FBrn:11 C0NmCt. POHf NO. 1175 ;&512 941h Slrwl Eut eom,,y I.eke. w~ 118381 ,,l'ti (208) 3!1&-2022 RECEIVED AUG O 9 2016 Cfl"i' t:~ r:U'l10N p:..,~;,-,:. LLC Lond-....__ -- • 187th St 190th ,St · t • ·.<SITE'•.· ·-'--'--'---~~· ."'::.; ·"""'·"·-tn:~~t{Jn< A.f.·~fa.: .· .. •, ·• "I ·, •' ,· ·.' ~-··:,··.';'. 01 "' ::, . Q. ,)> VICINITYMAP .· · · .. SCA1£:' 1;. ~'..f 74 :MILE N w ,, EXHIBIT 4 ,..,., '-' Confirmation of Compliance with all Conditions of Plat Approval The conditions of approval for the Talbot & 55'" Avenue plat per the Hearing Examiners Decision dated March 7'", 2013 have been met via Engineered and City Approved Construction Drawings and are as follows: 1. Open space tract has been placed in a separate tract, dedicated to the homeowner's association for continued maintenance consistent with KCC 21A.14.200. 2. The open space tract does not exceed a 5 percent grade maximum. 3. The recreation space plan has been approved by the Planning Project Manager and complies with all requirements of the King County Code, including KCC 21A.14.180. 4. A landscape and irrigation plan consistent with KCC 21A.16.115 has been provided and approved by the Planning Project Manager. 5. The wetland tract has been designed to comply with the wetland mitigation requirements in KCC 21.A.24.340 and an evaluation was prepared by a qualified professional identifying compliance with the requirements of KCC 21A.24.340 and approved by the Planning Project Manager. 6. An access road and easement for the City to access Sanitary Sewer Manhole #3 has been designed and built per the approved construction drawings and will be recorded with the final plat. 7. Two private access easements shall be recorded at the time of final plat recording for the Sanitary Sewer System and the Storm Water Detention facility. 8. A tree retention plan was not required according to the KCC16-82-156. 9. The wetland tract will be recorded on the face of the final plat and the Home Owner's Association has been created so that each land owner in the subdivision shall have a shared undivided interest in the NGPE tract. 10. The City staff has ensured that this proposal complies with the City's concurrency regulations and all off-site traffic impacts have been adequately mitigated. Talbot & 55'" Avenue Final Plat Documents 5.2.16 RECEIVED MAYO 3 2016 CITY OF RENTON PLANNING DIVISION EXHIBIT 5 9/12/2016 City of Renton 1055 S Grady Way Renton, WA 98057 Re: Formal Response to Final Plat Submittal Review Engineering Review Response, Jan Illian *Complete Technical Services Review Response, Amanda Askren *Complete Fire Review -Building Comments, Corey Thomas *Complete Engineering Review Commnets, Ann Fowler *Complete Planning Review Comments, Vanessa Dolbee 1. Tract 997: RECEIVED SEP 1 5. 2016 CITY OF RENTON PLANNING DIVISION a. Wetlands & Wetland Buffers replaced Steep Slopes on the face of the plat 2. CC&R's: a. Language added Indemnifying the city of Renton for work done on the storm facilities on page 18, last sentence in S.S. b. "Street Trees" eliminated from page 9: 2.29, page 16: 5.2, page 19, Article VII, 7.2 (d), pages 53-54: section (27) (1-5) 3. Landscaping inspection completed and punch list items completed. As built drawing for the park tract has been submitted. 4. Wetland: a. Wetland Biologist report for the as built area and mitigation suggestions have been installed. i. Temporary construction fencing re-installed and approved by Tom Main. ii. Irrigation installed and maintenance agreement in force. iii. Permanent survey stakes provided iv. Wetland signage & split rail fence provided and corrected per initial inspection v. Notice to King County of Wetland recorded and turned into the city of Renton b. Fence fixed per inspection. c. Provided. d. Monitoring plan has been submitted. Talbot & 55th Avenue Final Plat Review Response 9.12.16 ,...,, - RESPONSE TO FINAL PLAT SUBMITIAL REVIEW V.2 8/8/2016 City of Renton 1055 S Grady Way Renton, WA 98057 RECEIVED AUG O 9 2016 ClTV OF RENTON Re: Formal Response to Final Plat Submittal Review Plt.NNING DIVISION Engineering Review Response, Jan Illian 1. Lot square footage added to as built drawings. 2. We understand individual lot BMP's shall be designed with each building permit. 3. Quest was corrected on the under Easement Provision #1 on Page 3 of the plat drawings. 4. Right of Way dedication along S. 55'" Street has been put on the site plan. Technical Services Review Response, Amanda Askren *Complete Fire Review -Building Comments. Corey Thomas *Complete Engineering Review Commnets, Ann Fowler 1. NPGE language added to plat 2. Plat is complete and we are waiting for Punch List from Tom Main 3. Bill of Sale & Cost Data have been re-done and submitted // 4. Wili~A!! eA Maintenance Bond from City /ZK~/:, 'ff( 6 1 (;. Planning Review Comments, Vanessa Dolbee 1. Tract 997: a. Wetlands & Wetland Buffers replaced Steep Slopes on the face of the plat. 2. CC&R's: a. Language added Indemnifying the city of Renton for work done on the storm facilities on page 18, last sentence in 5.5. b. "Street Trees" eliminated from page 9: 2.29, page 16: 5.2, page 19, Article VII, 7.2 (d), pages 53-54: section (27) (1-5) 3. Landscaping inspection completed and punch list items completed. As built drawing for the park tract pending review. 4. Wetland: a. Waiting on Wetland Biologist report for the as built area and mitigation suggestions. Talbot & 55'" Avenue Final Plat Review Response 6.24.16 ~ RESPONSE TO FINAL PLAT SUBMITIAL REVIEW V.2 ii. Irrigation installed and maintenance agreement in force. iii. Permanent survey stakes provided iv. Wetland signage & split rail fence provided and corrected per initial inspection v. Notice to King County of Wetland recorded and turned into the city of Renton D b. Fence fixed per inspection. \R\ECElVE c. Provided. d. Monitoring plan needs to be submitted this week. Talbot & 55th Avenue Final Plat Review Response 6.24.16 AUG O 9 2016 CITY OF R!:NlON PLANNING DIVISION ~---------------------------------------------- t f • • -----Rentoi1 € DEVELOPMENT ENGINEERING DIV1Sl0f RIECIEIVIEIO When Recorded, Return to: Talbot Road, LLC 12505 Bel Red Road, Suite 100 Bellevue, WA 98005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TALBOT AND 55TH HOMEOWNERS ASSOCIATION Grantor: Grantee: Talbot Road, LLC, a Washington LLC. The Plat of Talbot and 55th; The Talbot and 55th Homeowners Association; The Public Legal Description: Lots 1-17 and Tracts 997, 998 and 999 of Talbot and 55th Avenue Plat, Recording No.-------- Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: None Page 1 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions [08/09/2016] ·cisneros ' I i I I I I I I I I I I I ' I I I I I I I I I I I I I I I ARTICLE Article I 1.1. 1.2. 1.3. Artlcle II Artlcle Ill 3.1. 3.2. 3.3. 3.4. Article IV 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. Artlcle V 5.1. 5.2. 5.3. 5.4. Artlcle VI 6.1. 6.2. 6.3. 6.4. Article VII 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 7.7. 7.8. 7.9. 7.10. 7.11. 7.12. 7.13. Page 2 of 59 • • TABLE OF CONTENTS SECTION ---Rento'n,r . DEVELOPMENT ENGINEERING OIVIS1GJI RfEClE~V[EI!) [08/09/2016] ·cisneros Creation of the Community ......................................................................................... 5 Purpose and Intent. ............................................................................................................... 5 Binding Effect ........................................................................................................................ 5 Governing Documents ........................................................................................................... 5 Concepts and Definitions ............................................................................................ 6 Use and Conduct.. ...................................................................................................... 1 O Framework for Regulation ................................................................................................... 1 O Authority to Enact Use Restrictions ..................................................................................... 1 O Owners' Acknowledgment and Notice to Purchasers ......................................................... 11 Protection of Owners and Others ........................................................................................ 11 Architecture and Landscaping ................................................................................. 12 General ................................................................................................................................ 12 Design Review ..................................................................................................................... 13 Guidelines and Procedures ................................................................................................. 14 No Waiver of Future Approvals ........................................................................................... 15 Variances ............................................................................................................................. 16 Limitation of Liability ............................................................................................................ 16 Certificate of Approval ......................................................................................................... 16 Maintenance and Repair ............................................................................................ 16 Maintenance of Areas of Common Responsibility .............................................................. 16 Maintenance of Units ........................................................................................................... 16 Responsibility for Repair and Replacement ........................................................................ 17 Remedies for Failure to Maintain ........................................................................................ 17 The Association and Its Members ............................................................................ 18 Function of Association ....................................................................................................... 18 Membership ......................................................................................................................... 18 Voting .................................................................................................................................. 18 Notice .................................................................................................................................. 18 Association Powers and Responslbilities ............................................................... 19 Acceptance and Control of Association Property ................................................................ 19 Maintenance of Areas of Common Responsibility .............................................................. 19 Compliance and Enforcement ............................................................................................. 20 lnsurancance ....................................................................................................................... 22 Implied Rights; Board Authority ........................................................................................... 24 Indemnification of Officers, Directors, and Others .............................................................. 24 Security ................................................................................................................................ 25 Effect of Dissolution of Association ..................................................................................... 25 Provision of Services ........................................................................................................... 25 Relations with Other Properties ........................................................................................... 26 Facilities and Services Open to the Public .......................................................................... 26 Permit Matters ..................................................................................................................... 26 Relationship with Tax-Exempt Organizations ..................................................................... 26 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions ' Article VIII 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. 8.7. 8.8 8.9. 8.10. 8.11 Article IX 9.1. 9.2. 9.3. 9.4. ArtlcleX 10.1. 10.2. 10.3. 10.4. 10.5. 10.6. 10.7. 10.8. 10.9. 10.10. Article XI • • ----Renton e DEVELOPMENT ENGINEERING OIVISlot RECEIVED [08/09/2016] ·cisneros Association Finances ................................................................................................ 27 Budgeting and Allocating Common Expenses .................................................................... 27 Budgeting for Reserves ....................................................................................................... 27 Special Assessments .......................................................................................................... 27 Specific Assessments ......................................................................................................... 28 Authority To Assess Owners; Time of Payment... ............................................................... 28 Obligation for Assessments ................................................................................................. 28 Lien for Assessments .......................................................................................................... 29 Suspension of Voting Rights ............................................................................................... 30 Exempt Property .................................................................................................................. 30 Reimbursement of Declarant -Capitalization of Association .............................................. 30 Reimbursements from Local Jurisdictions-Assignment to Declarant... .............................. 30 Expansion of the Community ................................................................................... 31 Expansion by Declarant ...................................................................................................... 31 Expansion by the Association ............................................................................................. 31 Additional Covenants and Easements ................................................................................ 31 Effect of Recording Supplemental Declaration ................................................................... 31 Additional Rights Reserved to Declarant ................................................................ 31 Withdrawal of Property ........................................................................................................ 31 Governmental Interests ....................................................................................................... 32 Marketing and Sales Activities ............................................................................................ 32 Right To Develop ................................................................................................................. 32 Right To Approve Additional Covenants ............................................................................. 32 Right To Approve Changes in the Standards Within the Community ................................. 32 Right To Transfer or Assign Declarant Rights ..................................................................... 32 Easement To Inspect and Right To Correct.. ...................................................................... 32 Right to Notice of Design or Construction Claims ............................................................... 33 Termination of Rights .......................................................................................................... 33 Easements .................................................................................................................. 33 11.1. Easements in Common Area .............................................................................................. 33 11.2. Easements of Encroachment .............................................................................................. 34 11.3. Easements for Utilities, Etc ................................................................................................. 34 11.4. Easements To Serve Additional Property ........................................................................... 35 11.5. Easements for Maintenance, Emergency, and Enforcement.. ............................................ 35 11.6. Technology Utility Easements ............................................................................................. 35 Article XII Exclusive Common Area ........................................................................................... 36 12.1 Purpose ......................................................................................................... 36 12.2 Designation .................................................................................................... 36 12.3 Use by Others ................................................................................................. 36 Article XIII Party Walls and Other Shared Structures ............................................................... 36 13.1. 13.2. 13.3. 13.4 Page 3 of 59 General Rules of Law to Apply ............................................................................................ 36 Maintenance; Damage and Destruction .............................................................................. 37 Right to Contribution Runs With Land ................................................................................. 37 Disputes ............................................................................................................................... 37 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I i I I I I Article XIV 14.1. 14.2. 14.3. 14.4. 14.5. 14.6. 14.7. 14.8. Article XV 15.1. 15.2. 15.3. 15.4. 15.5. 15.6. 15.7. 15.8. 15.9. • • ---Rentoi1,t DEVELOPMENT ENGINEERING OIVIS!Ot ~IECIE~V!ErD [08/09/2016] ·cisneros Dispute Resolution and Limitation on Litigation ................................................... 37 Dispute Resolution Methods ............................................................................................... 37 Claims and Exempt Claims ................................................................................................. 37 Bound Parties ...................................................................................................................... 38 Arbitration Agreements ........................................................................................................ 38 Consensus for Association Litigation ................................................................................ ..40 Mandatory Procedures for Litigation of Claims ................................................................... 40 Allocation of Costs of Resolving Claims .............................................................................. 41 Enforcement of Resolution -Attorney's Fees and Costs .................................................... 41 Mortgagee Provlslons ................................................................................................ 41 Notices of Action .................................................................................................................. 41 Special FHLMC Provision ................................................................................................... 42 Other Provisions for First Lien Holders ............................................................................... 42 Amendments to Documents ............................................................................................... .43 No Priority ........................................................................................................................... .43 Notice to Association ........................................................................................................... 44 Failure of Mortgagee To Respond ....................................................................................... 44 Construction of Article XV ................................................................................................... 44 Amendment by Board .......................................................................................................... 44 Article XVI Article XVII Changes In Ownership of Units ............................................................................... 44 Changes In Common Area ...................................................................................... 44 17 .1. Condemnation ..................................................................................................................... 44 17.2. Partition .............................................................................................................................. .45 17.3. Transfer or Dedication of Common Area ............................................................................ 45 Article XVIII Amendment of Declaration .................................................................................... 45 18.1. By Declarant ........................................................................................................................ 45 18.2. By Members ........................................................................................................................ 45 18.3. Validity and Effective Date .................................................................................................. 45 18.4. Exhibits ................................................................................................................................ 46 EXHIBITS A Land Initially Submitted to Declaration B Initial Use Restrictions C Rules of Arbitration Page 4 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions ' -------------- • • ---Rentoi1 ~ DEVELOPMENT ENGINEERING OIVISIOP RECIE~VIED [08/09/2016] ·cisneros DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TALBOT AND 55TH HOMEOWNERS ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for Talbot and 55th Homeowners Association is made this __ day of , 2016, by Talbot Road, LLC a Washington LLC. ("Declarant"). Article I Creation of the Community 1.1. Purpose and Intent. Declarant, as an owner of the real property described in Exhibit "A," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate, and maintain various common areas and community improvements, and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration. 1.2. Binding Effect. All property described in Exhibit "A," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, or Amendments to the Declaration, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors-in-title, and assigns. This Declaration shall be enforceable by the Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of the other provisions or applications. 1.3. Governing Documents. The Governing Documents create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of Page 5 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I I I I I I I I • • ---Renton,<: DEVELOPMENT ENGINEERING DIVISIG~ RIECIE~VIEID [08/09/2016] 'cisneros their Units, as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents. Article II Concepts and Definitions The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below. 2.1. "Areas of Common Responsibility": The Common Area, together with such other areas the Association has or assumes responsibility pursuant to the terms of this Declaration, any Supplemental Declaration, or the Plat, other applicable covenants, contracts, or agreements. 2.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of the Homeowners Association, as filed with the Washington Secretary of State to establish the Association as a non-profit corporation under Washington State law. 2.3. "Association": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners, and its successors or assigns. The name of the Association is "Talbot and 55th Homeowners Association." 2.4. "Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. "Board of Directors" or "Board": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business. 2.7. "Bylaws": The Bylaws of the Association, as they may be amended, which govern the Association's internal affairs, such as voting rights, elections, meetings, selection of officers, etc. 2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following: (a) when 100% of the total number of Units for the property described in Exhibit "A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1 have been conveyed to Class "A" Members other than Builders; (b) a date 10 years from the date this Declaration is Recorded; or (c) when, in their discretion, the Class "B" Members so determine. 2.9. "Common Area": All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts, private roads, the Native Growth Page 6of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton e DEVELOPMENT ENGINEERING DIVISIOf IRIECE~VfEID [08/0912016] 'cisneros Protection Tract, the Open Space Tract and other tracts or parcels conveyed to the Association by Declarant The term shall include the Exclusive Common Area and the Community Area, as defined below. 2.10. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents. 2. 11. "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons. The Community Area may include, if designated by the Declarant on the face of the Plat, or in a Recorded document conveying such Community Area to the Association or action taken by the Association: (a) the main entry and identification features, including all signage, landscaping, and other improvements which are a part thereof; (b) private roads, sidewalks and community-wide location and directional signage if not owned and the maintenance assumed by the Local Jurisdiction; (c) recreational amenities and private storm drainage systems depicted on the Plat; (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage; (e) wetlands, sensitive areas, open space, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarant, and all appurtenant monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction; (f) the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights-of-way (to the extent permitted by the applicable governmental agency); (g) if required on the face of the Plat, or if the Association assumes responsibility by Board or Member vote, the community parks and any other parks designed as a Community Area by Declarant, to the extent permitted by the Local Jurisdiction; otherwise, such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2; (h) landscaping located in any public parks, drainage areas, public facilities or improvements, or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction; (i) landscaping located at the Units, if and to the extent that the Association's Board determines that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance; (j) any other real or personal property, service, or facility which now, or by amendment of this Declaration, designated to be a part of the Community Areas by the Declarant Page 7 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.(: DEVELOPMENT ENGINEERING OIVISlot ~E<CE~VfE[O) [08/09/2016] ·cisneros 2. 12. "Community-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community-Wide Standard may evolve as development progresses and as the needs and demands of the Properties change. 2.13. "Declarant": The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or assigned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument. 2.14 "Declaration": This Declaration of Covenants, Conditions, and Restrictions, which creates obligations that are binding upon the Association and all present and future owners. 2.15 "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all, Units, as more particularly described in. Article XII. 2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Bylaws, the Articles, the Residential Design Guidelines, the Use Restrictions, and the Rules and Regulations, as each may be amended. 2.17 "Local Jurisdiction": Any governmental authority having jurisdiction over the Properties, for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration. 2.17. "Member": A Person subject to membership in the Association pursuant to Section 6.2. 2.18. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. 2.19. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 2.20. "Permits": Collectively, the permits, land use restrictions and conditions of Plat approval as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to time. Page 8 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions ~------------------------------------------------------------~ • • ----Renton€ DEVELOPMENT ENGINEERING DIVISIOt RIECIEIVED (08/09/2016] ·cisneros 2.21. "Person": A natural person, a corporation, a partnership, a trustee, or other legal entity. 2.22 "PIC": The Property Improvement Committee, as described in Article IV, Section 4.2. 2.23 "Plat": The plat of the real property described in Exhibit "A," together with all requirements described or referenced therein. "Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A" but not included within the description of property contained in Exhibit "A," which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX. 2.24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration in accordance with Article IX. 2.25. "Record," "Recording." or "Recorded": To file, the filing, or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded. 2.26. "Residential Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended, which establish architectural standards and guidelines for improvements and modifications to Units. 2.27. "Rules and Regulations": Board-adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. The Rules and Regulations may be changed by the Association in the manner described by the Bylaws and RCW 64.38.020. 2.28 "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 2.29 "Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to notes on the face of the Plat, or described by this Declaration. 2.30. "Special Assessment": An assessment levied in accordance with Section 8.3. 2.31. "Specific Assessment": An assessment levied in accordance with Section 8.4. 2.32. "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 2.33. "Unit": A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent. Page 9 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Rentoi1.€ DEVELOPMENT ENGINEERING DIVISlot ~ lECrE~V!EID> [08/09/2016] 'cisneros 2.34. "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article Ill, which govern use of property, activities, and conduct within the Properties. Article Ill Use and Conduct 3.1. Framework for Regulation. The Governing Documents establish, as part of the general plan of development for the Properties, a framework of affirmative and negative covenants, easements and restrictions which govern the Properties. Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes in circumstances, conditions, needs, desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents. Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth in Exhibit "B." 3.2. Authority to Enact Use Restrictions. (a) Subject to the terms of the Permits, this Article, and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit, create exceptions to, or expand the Use Restrictions. The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken. Such action shall become effective, after compliance with the distribution requirements below, unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Members, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings in the Bylaws. Upon receipt of such petition prior to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. Alternatively, Members representing more than 50% of the · total Class "A" votes in the Association at an Association meeting duly called for such purpose, may vote to adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect. Such action shall require approval of the Class "B" Members, if any. Prior to any action taken under this Section 3.2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner. The effective date shall be at least 30 days following distribution to Owners. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to any requesting Member or Mortgagee. Nothing in this Article shall authorize the Board or the Members to modify, repeal, or expand the Residential Design Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control. (b) The procedures required under this Section 3.2 shall not apply to the enactment and enforcement of Rules and Regulations (e.g., administrative issues, regulations governing the use of the Common Area, etc.) unless the Board chooses in its discretion to submit to such procedures. Page 10 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton~ DEVELOPMENT ENGINEERING 0IV1Sf0f RECrE~V[E[)) [08/09/2016] 'cisneros Examples of such administrative Rules and Regulations shall include, but not be limited to: hours of operation of a recreational facility, use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times. The Board shall exercise business judgment in the enactment, amendment, and enforcement of such administrative Rules and Regulations. 3.3. Owners' Acknowledgment and Notice to Purchasers. All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions may be obtained from the Association. 3.4. Protection of Owners and Others. Except as may be contained in this Declaration either initially or by amendment or in the initial Use Restrictions set forth in Exhibit "B," all Use Restrictions shall comply with the following provisions: (a) Similar Treatment. Similarly situated Owners shall be treated similarly. (b) Displays. The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with the Local Jurisdiction's Ordinances and the Association may adopt time, place, and manner restrictions with respect to any displays (including those outside of a dwelling) visible from outside the dwelling. No Use Restrictions shall regulate the content of political signs; however, rules may regulate the time, place, and manner of posting such signs (including design criteria) and the Local Jurisdiction's Ordinances shall apply. (c) Household Composition. No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit, to limit rental of Units (as applicable by the law), and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, its fair use of the Common Area, and on the basis of compliance with applicable the Local Jurisdiction's Ordinances. Use Restrictions may be adopted by the Association to limit or prohibit the occupancy of Units by persons who have been convicted of a crime for which continued supervision after conviction is imposed upon the proposed occupant. (d) Activities Within Dwellings. No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, it may restrict rental of Units (as applicable by the law), and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, that create an unreasonable source of annoyance, or that involve illegal conduct. (e) Household Occupations. No Use Restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of Page 11 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoi1.C DEVELOPMENT ENGINEERING OIVISII_ ~[E(C[E~V[E[D) [08/09/2016] ·cisneros other residents of the Properties, as may be determined in the Board's sole discretion; (iii) any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Unit and that they not be visible from the exterior of the home and (iv) it is as otherwise allowed by the Permits and applicable law. Nothing in this Section shall permit (1) the use of a Unit for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the Unit. The Board may, from time to time, promulgate rules restricting the activities located on the Properties pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38. (f) Allocation of Burdens and Benefits. No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Article VIII. (g) Alienation. The Association may not impose any fee on the transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer. The Association may regulate the leasing or rental of Units (as applicable by the law). (h) Abridging Existing Rights. No Use Restriction shall require an Owner to dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and which was in compliance with all Use Restrictions previously in force. This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit. (i) Reasonable Rights To Develop. No Use Restriction, Rule or Regulation, or action by the Association or Board shall unreasonably impede Declarant's right to develop the Properties or other portions of the community. The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3.2; they shall not apply to amendments to this Declaration adopted in accordance with Article XVII I. Article IV Architecture and Landscaping 4.1. General. No structure or thing shall be placed, erected, or installed upon any Unit within the Properties and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except in compliance with this Article, the Residential Design Guidelines adopted pursuant to this Declaration. Approval of the PIC shall not be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or her Unit without approval, provided that the work performed complies with all laws applicable to the Local Jurisdiction. However, modifications to the interior of screened porches, patios, and similar portions of a Unit visible Page 12 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions ~------------------------------ • • ---Renton€ DEVELOPMENT ENGINEERING DIV!Slot RECIE~VIElD [08/09/2016] ·cisneros from outside the structure and modifications to enclose garages as living space shall be subject to approval. All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by Declarant or Declarant's designee, in its sole discretion. This Article shall not apply to Declarant's activities, nor to the Association's activities during the Class "B" Control Period. 4.2. Design Review. (a) By Declarants. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Properties enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market, sell, or lease their property. Therefore, each Owner agrees that no activity within the scope of this Article ("Work") shall be commenced on such Owner's Unit unless and until Declarant or Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld in Declarant's or Declarant's designee's sole discretion. In reviewing and acting upon any request for approval, Declaranl or its designee shall be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant's rights reserved under this Article shall continue so long as Declaranl owns any portion of the Properties or any real property described in Exhibit A, unless earlier terminated in a written instrument executed and Recorded by Declarant. Declarant may, in its sole discretion, designate one or more Persons from time to time to act on Declarant's behalf in reviewing applications hereunder. Declarant may from time to time, but shall not be obligated to, delegate all or a portion of the Declarant's reserved rights under this Article to (i) a Property Improvement Committee appointed by the Association's Board of Directors (the "PIC"), or (ii) a committee comprised of architects, engineers, or other persons who may or may not be Members of the Association. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any lime and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in Declarant's sole discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to matters specifically delegated by Declarant. (b) Property Improvement Committee. Upon delegation by Declarant or upon expiration or termination of Declarant's rights under this Article, the Association, acting through the PIC, shall assume jurisdiction over design, property modification and architectural matters in the Property. The PIC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion. The members of the PIC need not be Members of the Association, the Board, or representatives of Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, shall be established from time to time by the Board. If the PIC is not formed, or is determined to lack authority to exercise the powers assigned to ii for any reason, the Board shall act as the PIC and may delegate any portion of the PIC's duties to any person, subject to final approval or ratification by the Board. The PIC may be broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee.) Any reference herein to the PIC should be deemed to include a reference to any such subcommittee. Page 13 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoil.t.: DEVELOPMENT ENGINEERING OIVISIOt ~lEClE~VIE[D) [08/09/2016] 'cisneros Unless and until such time as Declarant delegates all or a portion of its reserved rights to the PIC or Declarant's rights under this Article terminate, the Association shall have no jurisdiction over architectural matters. For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." (c) Reviewer Fees: Assistance. The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Residential Design Guidelines. Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from area to area within the community. The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential Design Guidelines does not guarantee approval of any application. Absence of adopted Residential Design Guidelines shall not limit the PIC's ability to exercise its powers; however, when disapproving an application for permission to perform Work, the PIC shall describe the basis for its decision if it is unable to refer to adopted Residential Design Guidelines as the reason for its election to disapprove an application. Declarant shall have sole and full authority to amend the Residential Design Guidelines in a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9.1, notwithstanding a delegation of reviewing authority to the PIC, unless Declarant also delegates the power to amend to the PIC. Upon termination or delegation of Declarant's right to amend, the PIC shall have the authority to amend the Residential Design Guidelines in a manner consistent with the Permits, with the consent of the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. Except for conditions of the Permits, there shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive. The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the Recorded version, as it may unilaterally be amended from time to time, shall control in the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time. (b) Procedures. No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. Page 14 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton~ DEVELOPMENT ENGINEERING DIVISIOf RECEIVED (08/09/2016] 'cisneros In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewer shall respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the Reviewer fails to respond in a timely manner (as provided in the Residential Design Guidelines), approval shall be deemed to have been given, subject to Declarant's right to veto approval by the PIC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. The Board may also adopt other methods for providing notice, by promulgation of Rules describing such notice procedures. Until expiration of Declarant's rights under this Article, the PIC shall notify Declarant in writing within three business days after the PIC has approved any application relating to proposed Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have 10 days after receipt of such notice to veto any such action, in its sole discretion, by notice to the PIC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter Page 15 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I • • ---Renton.ct DEVELOPMENT ENGINEERING OIVISIOf ~lECIE~VfElOl [08/09/2016] 'cisneros requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with the laws of the Local Jurisdiction. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 4.6. Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design. Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board, the PIC, and. any members thereof shall be defended and indemnified by the Association as provided in Section 7.6. 4.7. Certificate of Approval. Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. Article V Maintenance and Repair 5.1. Maintenance of Areas of Common Responsibility. The Association shall maintain the Areas of Common Responsibility as described in Section 7 .2. 5.2. Maintenance of Units. Each Owner shall maintain his or her Unit, and all landscaping and improvements comprising the Unit, and all landscaping improvements comprising the Unit, in a manner consistent with the Governing Documents, the Community-Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. If not installed fully by the Builder, an owner of a Unit shall install all landscaping, surrounding all sides of the residential dwelling contained on the Unit, within six months after the initial transfer of a completed residential dwelling to an Owner other than a Builder. Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, curb, or water's edge located on the Common Area or public right-of-way adjacent to the Unit boundary, unless such area is made a part of the Areas of Common Responsibility maintained by the Association; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. Each Owner shall perform at the Owner's expense the maintenance and upkeep of fencing, (if located on Page 16 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrtctions ~---------------------·----- • • ---Rentoi1 Ci: DEVELOPMENT ENGINEERING OIV1SIOT RECIEiVfED [08/09/2016] ·cisneros a Unit), drainage swales and/or underground drain lines and catch basins installed on their Unit, unless such components of the Units are made a part of the Areas of Common Responsibility maintained by the Association. 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level consistent with the Community-Wide Standard. Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive condition consistent with the Community-Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. 5.4 Remedies for Failure to Maintain. If any Unit Owner shall fail to conduct maintenance on the Owner's Unit as required by this Article to maintain the Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to enter upon the Unit and provide such maintenance, and to levy an assessment against the non-performing Owner and Unit for the cost of providing the maintenance. The assessment shall constitute a lien against the Unit owned by the non-performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the non-performing Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the non-performing Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the non-performing Owner the thirty (30) day notice. 5.5 Sanctions for Failure to Maintain Storm System. In the event Talbot and 55th (or successors or the Property Owners Association), in the judgment of the City of Renton, fails to maintain drainage facilities within the plat, or if the Proponent or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Proponent or successors agree to the following remedy: After 30 days notice by registered mail to the Proponent or successors, the City of Renton will assess financial sanctions (P.C.C. 17A.10.130) and/or initiate enforcement proceedings. In the event the City of Renton determines the lack of maintenance has resulted in a situation of imminent danger to life, limb or property, the City of Renton will correct the problem as necessary to restore the full design capacity of the drainage system. In this event, the City of Page 17 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoi1.C£ DEVELOPMENT ENGINEERING OIVISIO, ~fECCrE~VlE[)) [08/09/2016] 'cisneros Renton will bill the owners of the facility for all costs associated with such work to include engineering, administration, legal fees, construction, equipment and personnel. Costs or fees incurred by the City of Renton, including attorney's fees and expert's fees should legal action be required to collect such payments, shall be borne by the Proponent or successors. The City of Renton shall be held harmless and indemnified from any work done on the Storm Water Facilities. Artlcle VI The Association and Its Members 6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law. 6.2. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the Bylaws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 6.3. Voting. The Association shall have two classes of membership, Class "A" and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class "B". The Class "B" Member shall be the Declarant, or if Declarant's rights are assigned, Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth in the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co- Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. 6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail, as follows, unless the Board adopts a rule allowing electronic service of notices: (a) if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof); Page 18 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton <f DEVELOPMEHT ENGINEERING DIVISIOr R IEC!E~VfE[)) [08/09/2016] 'cisneros (b) if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof). All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically, without using surface mail, or by private parcel delivery service companies. Article VII Association Powers and Responsibilities 7.1. Acceptance and Control of Association Property. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and Declarant's designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon a Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Declarant to the Association for no consideration, to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines. 7.2. Maintenance of Areas of Common Responsibility. The Association shall maintain, commencing with the recordation of the Plat or this Declaration, whichever occurs first, and in accordance with the Community-Wide Standard and the Permits, the Areas of Common Responsibility, which shall include to the extent such features are present as described on the recorded Plat Map, or Hearing Examiner's notes, or specifically determined in this Section, and are not maintained by the Local Jurisdiction. Examples of the items the Association must maintain may include, but need not be limited to: (a) the Common Area and the Community Area, which includes the entry features, landscaping, roads, sidewalks and private parks within the Properties, alleys serving all or any of the Units, private trails, recreational amenities and the community center, parking restrictions an signage, open spaces, wetlands, natural preserve areas and conservation areas, sensitive areas, and buffers except, to the extent that such improvements are dedicated to the Local Jurisdiction and such dedication is accepted, then upon acceptance such improvements shall cease to be Common Areas; (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the Local Jurisdiction or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of-way within or abutting the Properties, public parks and play areas, public trails, drainage areas, and storm water facilities; (c) irrigation facilities, storm water facilities, streets, sidewalks, street lighting, park and pool/ride lots, and transit shelters that are not maintained by the Local Jurisdiction; (d) Page 19 of 59 planter strips, medians and central planting areas within cul-de-sacs; Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I I I I • • ---Rentoi1.~ DEVELOPMENT ENGINEERING DIVISIOt ~IECIE~VE!D [08/09/2016] ·cisneros (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the PIC, the U.S. Postal Service and the Local Jurisdiction); (f) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, described on the Plat, or described in an Exhibit containing Additional Areas of Common Responsibility is attached to this Declaration, or contained in any contract or agreement for maintenance thereof entered into by the Declarant or the Association, including landscaping and other flora, viewsheds, parks, utility areas or improvements, structures, streets, alleyways, bike/pedestrian pathways and trails, and other improvements; (g) any ponds, streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties, including improvements and equipment installed therein or used in connection therewith; and (h) any property and facilities owned by Declarant and made· available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association. The Association may maintain other property which it does not own, including, without limitation, Units and property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard. The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities. The Association shall maintain the drainage facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class "A" votes in the Association and the Class "B" Members, if any, agree in writing to discontinue such operation. Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant's prior written approval as long as Declarant owns any property described in Exhibit A of this Declaration. The costs associated with maintenance, repair, monitoring, and replacement of the Areas of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, other Recorded covenants, or agreements with the Owner thereof. The Association's responsibility to maintain the Areas of Common Responsibility shall exist whether the control of the Association is held by the Declarant or the members of the Association. The Association is authorized to expend funds its collects, whether collected from the Owners or the Declarant, to carry out its duties described in this Article, whether the control of the Association is held by the Declarant or the members of the Association. 7.3. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents. The Board may promulgate rules, and impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the Bylaws or rules adopted by the Board. Sanctions for violation may include, without limitation: Page 20 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton~ DEVELOPMENT ENGINEERING DIVISIOr RECEIVED [08/09/2016] 'cisneros (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (e) exerc1s1ng self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activities in the Properties; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. The Board may (a) exercise self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regulations); and (b) bring suit at law or in equity to enjoin any violation or to recover monetary damages, or both, to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the Bylaws. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation and/or perform such maintenance responsibilities in the manner described in Section 5.4, and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough lo justify taking such action that the covenant, Use Page 21 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton,C DEVELOPMENT ENGINEERING DIVISIO• !RECIE~VIE[] [08/09/2016] ·cisneros Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law; or that it is not in the Association's interest, based upon hardship, expenses, or other reasonable criteria to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation. The Association, by contract or other agreement, may enforce applicable Local Jurisdiction ordinances, if applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of the Association and its Members. While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Association and its Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. 7.4. Insurance. (a) Required Coverages. After the conclusion of the Class B Control Period, or sooner if elected by the Declarant, the Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Blanket property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership; (ii) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with limits of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage, or such additional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (vi) Such additional insurance as the Board, in its best business judgment, determines advisable. Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, unless the Board reasonably determines that other treatment of the premiums is more appropriate. Page 22 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton~ DEVELOPMENT ENGINEERING DIVISIOt RIECEiVEID (08/09/2016] ·cisneros (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in Western Washington. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (ii) be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on. behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co- insurance clause; (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner; (viii) include an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. Page 23 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton.C: DEVELOPMENT ENGINEERING OIVIS10l ~!EClE~VIE[)) [08/09/2016] 'cisneros In addition, the Board shall use reasonable efforts to secure insurance policies which provide: (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests; (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal; and (iv) a cross liability provision. (c) Restoring Damaged Improvements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Damaged improvements on the Common Area shall be repaired or reconstructed in a timely manner unless Members representing at least 75% of the total Class "A" votes in the Association, and the Class "B" Members, if any, decide not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7.3(a). 7.5. Implied Rights: Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. In exercising the Page 24 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton~ DEVELOPMENT ENGINEERING OIV!S10, RlECIE~VIED [08/09/2016] ·cisneros rights and powers of the Association, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be subject to, and their actions shall be judged in accordance with, the standards set forth in the Bylaws. 7.6. Indemnification of Officers. Directors. and Others. To the fullest extent permitted by Washington law, the Association shall indemnify every officer, director, volunteer and committee member of the Association against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. Effect of Dissolution of Association. In the event that the Association is dissolved and is no longer licensed as a non-profit corporation, the rights and duties of the Association {including, but not limited to, all ownership interest in the Common Areas) shall vest in the Owners, as an unincorporated association. Any Owner or any Mortgagee may reinstate the Association's corporate status, or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create its successor; and upon such reinstatement, the Owners' rights and duties, as described in this Declaration, shall re-vest in the reinstated or successor Association, and all owners shall be members thereof with all rights to vote provided by law and the organizational documents of the entity. To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity. 7.9. Provision of Services. The Association may provide or provide for services and facilities for the Members, their guests, lessees, and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use and consumption fees for such services and facilities. By way of example, Page 25 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton.~ DEVELOPMENT ENGINEERING 01v1s1or ~IE<ClE~VlEIDJ [08/09/2016) ·cisneros some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, internet service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities. Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its discretion, unless otherwise required by the Governing Documents. No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason. 7.10. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities. 7.11. Facilities and Services Open to the Public. Certain facilities and areas within the Properties may be open for use and enjoyment of the public. Such facilities and areas may include, by way of example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property. 7.12. Permit Matters. The Properties may be subject to a variety of permit restrictions and obligations which are contained in the Permits and other Local Jurisdiction Ordinances and are binding upon the Properties and run with the land. The Association and each Owner shall comply with the restrictions and requirements of the Permits, as applicable. During initial development of the Properties, Declarant shall implement, maintain, and enforce the programs and requirements of the Permits. Declarant shall have the right, but not the obligation, to delegate or assign certain responsibilities to the Association or any committee, and the Association or such committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations. The cost of such activities shall be a Common Expense, if the activity is associated with the Community Area and for the general benefit of all of the community. In the performance of its responsibilities, the Association shall follow the standards and requirements of the Permits and the Local Jurisdiction's Ordinances. The Association shall comply with the design guidelines and maintenance standards referenced in the Permits, particularly in the use and preservation of native vegetation and landscaping, in the performance of its responsibilities under this Declaration. 7.13. Relationship with Tax-Exempt Organizations. Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association, the Members, or residents. While such organizations may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the community as a whole. If established by Declarant or the Association, the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity. Such expenses and any such contributions shall be a Common Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. Page 26of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Article VIII Association Finances ---Renton e: DEVELOPMENT ENGINEERING OlV\SIOt RECIEIVlE!D [08/09/2016] 'cisneros 8. 1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, if there is any change in the sums that the Board anticipates will be collected or expended by the Association in the coming fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.2. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized in Section 8.6. The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.5 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of. a final budget by the Board, the Board· shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials, or within such other time period that may be mandated by law for non-profit homeowner associations, such as RCW 64.38.035. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. 8.2. Budgeting for Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility for which the Association maintains capital items as a Common Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.3. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied as a Common Expense against the entire membership, if such Special Assessment is for Common Expenses, or against the Owners benefited by the Special Page 27 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton( DEVELOPMENT ENGINEERING DIVIS!Ot ~[E(C[E~VfED [08/09/2016] 'cisneros Assessment, if the Special Assessment is made for the limited benefit of less than all of the Members. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class "B" Members, if such exist. Special Assessments shall be payable in such manner and at such limes as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.4. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests: provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, In accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 8.5. Authority To Assess Owners: Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the date each Unit is conveyed to an Owner by Declarant; provided, however, that if such Owner is a Builder, the obligation to pay assessments shall commence six months after the Unit is first conveyed to the Builder. The first annual Base Assessment levied on each Unit shall be adjusted according lo the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. 8.6. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the Page 28 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ·---Renton C: DEVELOPMENT ENGINEERING DIVISlot RfECIEIVIED [08/09/2016] 'cisneros obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Exemption From Assessment. During the Class "B" control period, there shall be no assessment of any kind for Units or any other property owned by Declarant or those persons holding any Declarant rights, without the consent of the Declarant or the holder of such Declarant's rights. (c) Declarant's Option To Fund Budget Deficits. During the Class "B" Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any · other Owner. 8.7. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law), and costs of collection (including attorneys· fees and costs, whether or not a lawsuit shall be involved). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Mortgage Recorded before the Recordation of the lien (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or nonjudicial foreclosure. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on ii; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. Page 29 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I i I I ' I I I I I I i I I I I I I • • ----Renton.€ DEVELOPMENT ENGINEERING OIVIS1ot !ArECIE~V!EID) [08/09/2016] ·cisneros Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.5, including such acquirer, its successors and assigns. 8.8 Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Membe~s right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys' fees and costs, if any, are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, the Declaration, or Washington state law. 8.9. Exempt Property. All Areas of Common Responsibility, such portions of the property owned by Declarant, and any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of Base Assessments and Special Assessments. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501 (c). 8.10. Reimbursement of Declarant for Common Area Development and Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount to be determined by Declarant or in the absence of the election of the Declarant to determine the contribution, by the Board if it elects to do so. Upon acquisition of record title to a Unit by the first Owner thereof, the Declarant, if it elects to do so, shall also be entitled to collect from the purchaser of the Unit a sum, to be determined by the Declarant, as a reimbursement made to the Declarant for the expenditures made by the Declarant to improve the Areas of Common Responsibility and organize the Association, on behalf of the Members. These amounts shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. These amounts shall be deposited into the purchase and sales escrow and disbursed therefrom to the Declarant for reimbursement, or to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws, as appropriate based upon the contributions required. 8.11 Reimbursements From Local Jurisdictions -Assignment to Declarant. In the event that the Association succeeds to the interest of the Declarant in any bond, late comers' reimbursement, impact fee refund or similar right to receive a refund of funds paid by the Declarant pursuant to a requirement imposed by a Local Jurisdiction as a result of the Association's acquisition of Areas of Common Responsibility ("Refund"), the Association irrevocably assigns any such Refund to Declarant or to the holder of Declarant's rights, if such rights were completely assigned by Declarant. Upon receipt of notice that the Association is entitled to a Refund, the Association shall provide written notice of the Refund to the Declarant, the Declarant's assignee or, if the address cannot be determined from the public record, to such corporation or its successor in interest as is identified in the records of the Secretary of State of the State of Washington. The Association shall assign to Declarant, Declarant's successor all Refunds to which the Association may become entitled, regardless of the time that may have passed since recordation of the Plat and the Association Page 30 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Article IX Expansion of the Community ----Renton Cl!l DEVELOPMENT ENGINEERING DIV1Sl0t RECrE~VED (08/09/2016] 'cisneros 9.1. Expansion by Declarant. Declarant may from time to time subject to the provisions of this Declaration all or any portion of property owned by the Declarant or the Declarant's successors in interest as designated by the Declarant, including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Properties pursuant to this Section shall expire 20 years after this Declaration is Recorded. Until then, Declarant may transfer or assign this right to any Person. Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop all of the property described in Exhibit "A" in any manner whatsoever. 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property. A Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class "A" votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarant's consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recording Supplemental Declaration. A Supplemental Declaration shall be effective upon Recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. ArticleX Additional Rights Reserved to Declarant 10.1. Withdrawal of Property. Declarant reserves the right to amend this Declaration, so long as Declarant has a right to annex additional property pursuant to Section 9.1, for the purpose of removing any portion of the Properties which has not yet been improved with structures from the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not a Declarant; such amendment shall be subject to any required approval by the Local Jurisdiction. If the property is Common Area, the Association shall consent to such withdrawal. Page 31 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I ' I I I I i I • • ---~Renton.(; DEVELOPMENT ENGINEERING OIVISIOI ~fE(C[E~VrEID) [08/09/2016] ·cisneros 10.2. Governmental Interests. Declarant may designate sites it owns within the Properties for fire, police, water, and sewer facilities, public schools and parks, and other public facilities. Sites may be designated for use of water infiltration under the Permit. Neither the Association, the PIC, nor the Owners may object to the use of such sites for the designated public purposes. 10.3. Marketing and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. 10.4. Right To Develop. Declarant and Declarant's employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as Declarant deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined in the Permit. Every Person that acquires any interest in the Properties agrees not to protest, challenge, or otherwise object to the development of any real property by Declarant which lies adjacent to the Properties, and which could be subjected to the terms of this Declaration by Declarant. 10.5. Right To Approve Additional Covenants. No Person shall Record any declaration of covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by Declarant. 10.6. Right To Approve Changes in the Standards Within the Community. No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. 10.7. Right To Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons: provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to Record any written assignment unless necessary to evidence Declarant's consent to such exercise. 10.8. Easement To Inspect and Right To Correct. (a) Declarant reserves for Declarant and such other Persons as Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Units and the Areas of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Areas of Common Responsibility, and the designees of Declarant shall have the right to redesign or correct any Unit for which they were the Builder. Page 32 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton <ii: DEVELOPMENT ENGINEERING OIV1Slot IAIEC!EIVIEID [08/09/2016] ·cisneros (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities. (c) Any damage to a Unit or the Areas of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 10.9. Right to Notice of Design or Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the Owner of the property to discuss the Owne~s concerns and conduct their own inspection. 10.10. Termination of Rights. The rights contained in this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by Declarant of a written statement that all sales activity has ceased. Article XI Easements 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to: (a) (b) the Association; (c) The Governing Documents and any other applicable covenants; Any restrictions or limitations contained in any deed conveying such property to The Board's right to: (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Ownefs Unit remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents after notice and a hearing pursuant to the Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; (iv) impose membership requirements and charge admission or other use fees for the use of any recreational facility situated upon the Common Area (such membership requirements, admission or use fees may, in the Board's discretion, differentiate between Members of the Association and other persons entitled to use such facilities); Page 33 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ·---Rentoi1.@ DEVELOPMENT ENGINEERING D1Vl51Ci, !FR lECIE~VIElO) [08/09/2016] 'cisneros (v) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public; (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (d) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described in Article XII. Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease. 11.2. Easements of Encroachment. Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities, Etc. (a) Installation and Maintenance. Declarant reserves for Declarant, so long as Declarant owns any property described in Exhibit "A" of this Declaration or additional property subjected to the Declaration, on behalf of Declarant, Declarant's nominees, successors, and assigns, perpetual non- exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of: (i) installing utilities and infrastructure to serve the Properties, walkways, pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights-of-way or easements reserved for such purpose on Recorded plats; (ii) inspecting, maintaining, repamng, and replacing the utilities, infrastructure, and other improvements described in Section 11.3(a)(i), and any Trees; (iii) access to read utility meters; and (iv) access to from the public rights-of-way to any wetland, body of water, or water monitoring site to perform water monitoring and testing. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement Page 34 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton e DEVELOPMENT ENGINEERING DIV1Slor RfECIE~VlElO [08/09/2016] ·cisneros shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Properties without approval of the Board or as provided by Declarant. (b) Specific Easements. Declarant also reserves the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in Exhibit A, or such additional property subjected to the terms of the Declaration. The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. 11.4. Easements To Serve Additional Property. Declarant hereby reserves for Declarant and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of any additional property subjected to the terms of the Declaration, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that Declarant and Declarant's successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, or any other declaration of covenants, conditions, and restrictions under which an owners' association is created or provided for, Declarant or Declarant's successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such property. The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of the total number of residential dwellings within the Properties and on such benefited property. 11.5. Easements for Maintenance. Emergency. and Enforcement. Declarant grants to the Association easements over the Properties as necessary to enable the Association to fulfill its maintenance responsibilities under Section 7 .2. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents. Such right may be exercised by any member of the Board and its duly authorized agents and assignees, and all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. 11.6. Technology Utility Easements. Declarant reserves, so long as Declarant owns any property described on Exhibit "A" of this Declaration and additional property subjected to this Declaration by Declarant, perpetual, non-exclusive easements adjacent to the public rights-of-way throughout the Properties, on behalf of Declarant, and Declarant's nominees, successors and assigns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security, and other systems for sending and receiving data and/or other electronic signals ("Technology Utilities"), to serve the Properties and each Unit, such easements shall be exclusive to Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. Page 35 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.C. DEVELOPMENT ENGINEERING DIVISlot ~[EC[E~VIEID) [08/09/2018] ·cisneros Declarant also reserves for Declarant the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed in this Section and to grant and record in the public records such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit "A." and additional property subjected to this Declaration by Declarant. Any such contract, agreement, or easement may, in Declarant's sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems installed on or in the Units, dwellings, and other structures constructed on Units and Common Areas within the Properties. Any such contract, agreement, or easement entered into by Declarant may require that the Board enter into a bulk rate service agreement for the provision of services offered to all Units within the Properties. In such case, the cost shall be a Common Expense of the Association and shall be assessed as a part of the Base Assessment. If the service provides additional services or benefits to certain Owners or Units at their request, such additional services or benefits shall be paid directly by the Owner to the service provider, or become a Specific Assessment, as appropriate and specified in the agreement between the Association and the service provider. Article XII Exclusive Common Areas 12.1. Purpose. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, Exclusive Common Areas may include entry features, private driveways, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area. All costs associated with maintenance, repair, replacement, · and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned. 12.2. Designation. Initially, any Exclusive Common Area shall be designated as such In the deed conveying such area to the Association, in this Declaration, or on the subdivision plat relating to such Common Area: provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a majority of Owners of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area. Article XIII Party Walls and Other Shared Structures 13.1. General Rules of Law to Apply. Each wall, fence, driveway, utility, sewer or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Page 36 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions •• • ----Renton~ DEVELOPMENT ENGINEERING DIVISlot ~[ECfE~VIE[l) [08/09/2016] 'cisneros Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. 13.2. Maintenance: Damage and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 13.3. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title. 13.4. Disputes. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. ArtlcleXIV Dispute Resolution and Limitation on Litigation 14.1 Dispute Resolution Methods. The provisions of this Article shall govern the resolution of all Claims between any Bound Party. Claims, disputes and controversies shall be resolved pursuant to the Arbitration Agreements described in Section 14.4, unless specifically exempted from the Arbitration Agreements by Section 14.3; if exempt from the Arbitration Agreements, the Exempt Claims may be litigated in a court of competent jurisdiction. Before any Claims are brought by the Association against any Person, the Association shall comply with the requirements of Sections 14.5. 14.2 Claims and Exempt Claims. Unless specifically identified as an Exempt Claim in this Section, all claims or disputes arising out of or relating to (a) the interpretation, application or enforcement of the Governing Documents; (b) the rights, obligations and duties of any Bound Party under the Governing Documents; (c) relating to the design or construction of improvements on the Properties, (d) breach of contract, (e) negligent or intentional misrepresentations or nondisclosure in the inducement, (f) execution or performance of any contract related to the Condominium, including the Arbitration Agreements described in this Article, (g) any alleged statutory violation, (h) any claim of bodily injury related to the design or construction of the Units and the Common Areas, and (i) any claim made under the Washington State Consumer Protection Act (collectively, "Claims") shall be subject to the provisions of Section 14.4, which require the Claims to be arbitrated. Unless all necessary parties otherwise agree, the following list of exemptions ("Exempt Claims") shall not be Claims, and shall not be subject to the provisions of Section 14.4 requiring arbitration, nor shall Exempt Claims be subject to the provisions of Section 14.5 -14.7: 14.2.1 any suit by the Association against any Bound Party to collect assessments, enforce liens, enforce the provisions of the Governing Documents; 14.2.2 any suit by the Association to obtain equitable relief (i.e., temporary restraining order, injunction, or specific performance) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Articles 111, Article IV and Article V; Page 37 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I i I I I I I I • • 14.2.3 any suit brought by the Association to challenge tax assessments; ----Renton~ DEVELOPMENT ENGINEERING DIVIS!.0.' lR ECIE~VIE[O) [08/09/2016] 'cisneros 14.2.4 any suit brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor, 14.2.5 counterclaims brought by the Association in proceedings instituted against the Association; 14.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration; 14.2.7 any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount in controversy exceeds $10,000.00; 14.2.8 any suit in which any indispensable party is not a Bound Party; and 14.2.9 any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 14.4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. With the consent of all parties thereto, any of the above exemptions voluntarily may be submitted to the arbitration procedures set forth in Section 14.4. If the Association seeks to litigate items 14.2.1 through 14.2.5, such litigation shall require the majority vote of the Board of Directors. 14.3 Bound Parties. Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party or by stipulation shall be a "Bound Party'' for the purposes of this Article XIV. 14.4 Arbitration Agreements. Each Bound Party covenants and agrees to submit all Claims to the arbitration procedures set forth in this Section 14.4, in lieu of filing suit in any court. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements described in this paragraph, including, without limitation, revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver or estoppal, shall be decided by the Arbitrator. The decision of the Arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Arbitration Agreements shall inure to the benefit of, and be enforceable by, Declarant and Declarant's subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the Common Elements; and shall be binding upon all family members and tenants of the Owners and the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable under these Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the Arbitration Agreements. If any provision of these Arbitration Agreements shall be determined by the Arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Any party shall be entitled to recover reasonable attorney's fees, litigation expenses and costs incurred in enforcing the Arbitration Agreements, as provided in Section 14.8. 14.4.1 Arbitration Agreement for Non-Warranty Claims. The Bound Parties agree that any Claim which is not a Claim covered by a Warranty (as described in Section 14.4.2) shall be settled and resolved by arbitration as described herein. The Arbitration shall be conducted by the American Page 38 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoi1 <: DEVELOPMENT ENGINEERING DIVISIOt RIECEIVlED (08/09/2016] ·cisneros Arbitration Association, Construction Arbitrations Services, Inc., DeMars & Associates, Ltd., or another arbitration service selected by the parties in writing, pursuant to the arbitration service's applicable arbitration rules to the extent such rules are not inconsistent with this Arbitration Agreement. If the parties fail to agree on the selection of an arbitration service, the choice of arbitration service shall be that of the Claimant. All administrative fees of the arbitration service and fees of the Arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the Arbitrator to reallocate such fees in the interest of justice. The Arbitrator shall take such steps as may be necessary to hold a hearing within ninety (90) days of the initial demand for arbitration and to conclude the hearing within three (3) days; and the Arbitrator's written decision shall be made not later than fourteen (14) calendar days after the hearing. These time limits are included in order to expedite the proceeding, but they are not jurisdictional, and the Arbitrator may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim determined and the award made on each claim. In making the decision and award, the Arbitrator shall apply applicable substantive law. The Arbitrator may award injunctive relief or any other remedy available from a judge, including without limitation joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact, or which may promote judicial economy, but shall not have the power to award punitive or exemplary damages. The parties expressly agree that this Arbitration Agreement involves and concerns interstate commerce, and is governed by the Federal Arbitration Act (9 U.S.C. §1, et. seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the arbitration service rules shall govern the conduct of the proceeding. 14.4.2 Arbitration Agreement for Warranty Claims. The Bound Parties agree that any Claim which is a Claim covered by a Warranty shall be settled and resolved by arbitration as described in this Subsection 14.4.2. A Warranty Claim is a Claim, dispute or controversy between Bound Parties arising from or related to alleged defects in the Unit or the Common Areas which are asserted after the closing of the transfer of title to a Unit, and which are covered by a contractual warranty supplied to the buyer of the Unit by the seller of the Unit. Warranty Claims shall be submitted to binding arbitration commenced and conducted in accordance with the arbitration provision of the Warranty, even if such provisions are inconsistent with the provisions of this Subsection 14.4. If the Warranty fails to specify a method of arbitration for Warranty Claims, the provisions of Section 14.4.1 shall apply. 14.4.3 Limitation Upon Amendments. The Declarant, the Association and all Owners hereby acknowledge and agree that no amendment of this Declaration shall modify, alter or delete any portion of the Arbitration Agreements in Section 14.4 of this Declaration without the written consent of the Declarant attached to and recorded with such amendment, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. 14.4.4 Binding Upon Successors and Assigns. The Declarant, the Association and all Owners acknowledge and agree that, by virtue of the recording of the Declaration, these Arbitration Agreements shall run with title to the real property subject to the Declaration and all additional phases, and shall be binding upon all Persons having any right, title or interest in all or any portion of the real property subject to the Declaration their respective heirs, legal representatives, successors, successors- in-title, and assigns, and shall be for the benefit of the Declarant and all Owners of Units and Common Elements subject to this Declaration, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. Page 39 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.< DEVELOPMENT ENGINEERING DIVISIC RfEC!E~VfED [08/09/2016] 'cisneros 14.5 Consensus for Association Litigation of Claims. The Association shall not commence arbitration, judicial or administrative proceedings to resolve a Claim without the approval of Members representing at least 67% of the total votes in the Association. In the event the judicial or administration proceeding is against the Declarant or any former Declarant, 75% of the total votes in the Association are required to commence such proceeding. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6 Mandatory Procedures for Litigation of Claims. 14.6.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 14.6.2 Negotiation and Mediation. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Association's Board may appoint a representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of any Local Jurisdiction dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the area. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation'). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand') to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.6.3 Final and Binding Arbitration. If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claim to arbitration in accordance with Section 14.4. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant. This subsection is an agreement to arbitrate and is specifically enforceable under federal Page 40 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton<: DEVELOPMENT ENGINEERING DIVISIOf RrECIE~VIEID) [08/09/2016] 'cisneros and state arbitration laws. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under federal and Washington State laws. 14.7 Allocation of Costs of Resolving Claims. Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"), except as otherwise ordered by the arbitrator pursuant to Section 14.4. Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs, except as otherwise provided in this subsection. 14.8 Enforcement of Resolution -Attorney's Fees and Costs. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 14.4 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any abiding or complying Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.4. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs. If the Bound Parties litigate an Exempt Claim, the prevailing party in such litigation shall be entitled to payment of all attorney's fees, litigation and costs by the non-prevailing party. Article XV Mortgagee Provisions The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 15.1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; (b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Unit or the Owner or Occupant which is not cured within 60 days; (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) of Eligible Holders. Page 41 of 59 Any proposed action which would require the consent of a specified percentage Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton.G DEVELOPMENT ENGINEERING OIVISJOr fRIECIE~VIE!D) [08/09/2016] 'cisneros 15.2. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation or any successor to FHLMC, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration); (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and Iha Common Area (Iha Issuance and amendment of architectural standards, Use Restrictions pursuant to Article Ill, procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within Iha meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are In default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon Iha lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. 15.3. Other Provisions for First Lien Holders. To the extant not inconsistent with Washington law: (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Units to which at least 51 % of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. Page 42 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton Cf DEVELOPMENT ENGINEERING 01V1Sl0t RIEClEIVlED [08/09/2016] 'cisneros 15.4. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association as a result of destruction, damage, or condemnation pursuant to Section 15.3(a) and (b), or to the addition of land in accordance with Article IX. (a) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units subject to a Mortgage appertain, shall be required to terminate the Association. (b) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Units to which at least 51 % of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provisions of the Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: (i) voting; (Ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of Common Area; (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Properties; (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association; (viii) boundaries of any Unit; (ix) leasing of Units; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; (xi) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (xii) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units. 15.5. No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. Page43 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----R1enton.C. ' DEVELOPMENT ENGINEERING 01v1s1or IRIECrE~VlEIOJ [08/09/2016] ·cisneros 15.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 15.7. Failure of Mortgagee To Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 15.8. Construction of Article XV. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or Washington law for any of the acts set out in this Article. 15.9. Amendment by Board. Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. ArtlcleXVI Changes in Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Unit shall, within seven days of taking title to a Unit, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. Article XVII Changes In Common Area 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common .Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement Page 44 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions, • • ---Renton~ DEVELOPMENT ENGINEERING DIVISIOt RlEClEIV!ED [08/09/2016] 'cisneros is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 17.3. Transfer or Dedication of Common Area. The Association may transfer, dedicate, or grant easements over portions of the Common Area to any other local, state, or federal governmental or quasi-governmental entity without a vote of the Owners subject to compliance with Section 15.2, if applicable. Article XVIII Amendment of Declaration 18. 1. By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit 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 (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit 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. 18.2. By Members. 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 67% of the total Class "A" votes in the Association, including 67% of the Class "A" votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9. 1. In addition, the approval requirements set forth in Article XV shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "B" Member without Declarant's written consent or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an Page45 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ' ---Renton.€ DEVELOPMENT ENGINEERING D1VIS10t ~IECIE~VIE[O) [08/09/2016] 'cisneros amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 18.4. Exhibits. Exhibits A and C attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit B is incorporated by reference and may be amended pursuant to Sections 18.1 and 18.2, or as provided in Article Ill. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above. STATE OF WASHINGTON COUNTY OF PIERCE ss. Talbot Road, LLC a Washington LLC, By: _____________ _ Philip Nelson, Manager I certify that I know or have satisfactory evidence that Philip Nelson is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the Manager of Talbot Road, LLC, a Washington LLC, on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this __ day of _______ , 2016. Page 46 of 59 (printed name):. ___________ _ NOTARY PUBLIC My Commission expires: --------- Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • EXHIBIT A Land Submitted to Declaration ---Renton€ DEVELOPMENT ENGINEERING OIVISIOr RECEIVED (08/09/2016] ·cisneros Lots 1-17 and Tracts 997, 998 and 999 of the Plat of Talbot and 55th recorded on Recording Number ____________ _ Situated in the County of King, State of Washington. Page 47 of 59 Talbot and 55th Homeowners Association Declarations of Covenants. Conditions and Restrictions • • EXHIBITS Initial Use Restrictions ---Renton.€ DEVELOPMENT ENGINEERING OIVISlt RlE<ClE~VlE[)) [08/09/2016] 'cisneros The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limited by the Association pursuant to Article Ill of the Declaration. (a) General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders, or the Association consistent with this Declaration and any Supplemental Declaration). Any Supplemental Declaration or additional covenants imposed on the property within any Neighborhood may impose stricter standards than those contained in the Declaration and the Association shall have standing and the power to enforce such standards. (b) Restrictions. The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board: (1) Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the PIC. (2) Nuisances. No noxious or undesirable thing, activity or use of any Unit in the Properties shall be permitted or maintained. If the PIC shall determine that a thing or use of any Unit or any part of the Properties is undesirable or noxious, such determination shall be conclusive. The PIC may recommend and the Board may direct that steps be taken as is reasonably necessary including, without limitation, the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the PIC or described in this Declaration to constitute a nuisance. (3) Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Unit, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Unit on which they are kept. Provided, however, the Board in its discretion may designate certain tracts as off-leash dog areas, subject to reasonable rules, so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all solid waste is removed by the Owner utilizing the Tract for such purposes. Any dog(s) must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Each Owner shall be responsible for cleaning up after his or her animal for any waste or damage to any area outside of the Owner's Unit. (4) Limitation on Signs. The Association may regulate or prohibit all signs, to the full extent allowed by State law. The Association may establish guidelines or restrictions including duration, location and appearance of signs. In addition to other rights reserved to Declarant in the Declaration, Declarant hereby reserves for itself and all Builders, so long as Declarant or any Builders own any Unit, the right to maintain upon the Properties such signs as in the opinion of Declarant are required, convenient or incidental to the merchandising and sale of the Units. Page 48 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoi1, DEVELOPMENT ENGINEERING DIVISlot IA!ECIEIV!E[)) [08/09/2016] ·cisneros (5) Completion of Construction Projects. The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within one year of the date of commencement of construction, except such construction as is performed by Declarant, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Unit, and rear yard landscaping must be completed within six months of completion of a Unit. Except with the approval of the Board, no person shall reside on the premises of any Unit until such time as the improvements to be erected on the Unit in accordance with the plans and specifications approved by the Board have been completed. (6) Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Unit. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-<lecorative gear, equipment, cans, bottles, ladders and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit unless prior written approval shall have been obtained from the PIG. Garbage containers and recycle bins are to be stored so as not to be seen from the street, except on pick-up days. Owners should insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up around their property at all times. (7) Antennas. Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties without PIG approval. All over-the-air reception devices shall comply with the Residential Design Guidelines or other applicable rules adopted by the Association pertaining to the means, method and location of antennas and satellite dishes. PIG approval will be consistent with FCC regulations. (8) Setbacks. No building shall be located on any Unit nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. (9) Roofs. Roofs on all buildings must be finished with materials approved for use by the PIG. More than one type of material may be approved. (10) Fences, Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been obtained from the PIG. The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the PIG. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the PIG. (11) Residential Use Only. · Except for Declarant's or a Builder's temporary sales, construction offices and model homes, no Unit shall be used for other than one detached single-family residential dwelling, with driveway parking used for not more than three cars. (12) Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Page 49 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.€ DEVELOPMENT ENGINEERING DIVISI01 [RHECE~V!EID) (08/09/2016] 'cisneros (13) Sales and Construction Facilities. Notwithstanding any other provision in this Declaration to the contrary, it is expressly permissible for Declarant, a Builder, and their agents, employees or nominees, to maintain on any portion of the Properties owned by Declarant, a Builder or on the Common Areas such facilities as the they may reasonably feel are required, convenient or incidental to the construction and/or sales of Units or improvements thereon. Declarant may permit, in writing, an individual Owner or third party purchaser to maintain temporary equipment and construction material on the Owner's Unit when the Deciarant feels the same is reasonably required, convenient or incidental to construction activities for improvement of the Unit. (14) Drainage Waters. Following original grading of the roads and ways of the Properties, no drainage waters shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way. The Owner of any Unit, prior to making any alteration in the drainage system, must make application to and receive approval from the applicable governmental jurisdiction. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any Unit as may be undertaken by or for the Owner of any Unit shall be done by and at the expense of such Owner. (15) NBA Restrictions and Maintenance. All areas designated on the Plat as Native Growth Protection Area, Sensitive Area, Buffer, Natural Buffer Area, Wetland or Wetland Buffer (collectively, 'NBA") shall be left permanently undisturbed In a substantially natural state. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these areas, except the activities approved by the Local Jurisdiction. Some activities that may be permitted are: (1) underground utility lines and drainage discharge swales may cross such areas, utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing; (2) fences, when the NBA and its buffer are not detrimentally affected; and (3) removal of hazardous vegetation by the Owner of a Unit on which a NBA is located. The Association shall be responsible for operating, maintaining and restoring the condition of the NBA in the event any unauthorized disturbance occurs; however, in the event that this disturbance is determined to be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA from the party disturbing the area. (16) Deviation by Consent of Declarant. Declarant hereby reserve the right to enter into an agreement with the Owner of any Unit (without the consent of the Owner of any other Unit) to deviate from the conditions, restrictions, limitations or agreements contained in this Declaration. Any deviation shall be manifested in an agreement in writing and shall not constitute a waiver of any such condition; restriction, limitation, or agreement as to the remaining Units located on the Properties; and the condition, restriction, limitation or agreement waived by Declarant shall remain fully enforceable as to all other Units located in the Properties. (17) Timeshares. No operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, is permitted. However, the Declarant may operate such a program and may permit others to operate such a program in the Plat. (18) Conversion of Carports or Garages. Conversion of any carport, garage, attic, or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Unit is prohibited. Page 50 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Rentoi1 <: DEVELOPMENT ENGINEERING DIVISlot RIECIE~VIEID (08/09/2016] 'cisneros (19) Irrigation Systems. No sprinkler or irrigation systems or wells of any type may draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant and its designees shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent allowed by the Permits. (20) Burning. No open-air burning or use of wood stoves is permitted, except in compliance with Local Jurisdiction Ordinances. However, outdoor cooking facilities, such as barbeques, are permissible subject to rules, regulations, and Local Jurisdiction Ordinances. (21) Limitation on Storage of Vehicles -Temporary Permits for RVs. Except as hereinafter expressly provided, the Units, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the Unit (provided that such commercial vehicles contain a single rear axle). Vehicles shall not be parked on a driveway or street in lieu of being parked in an available space in a garage, except as otherwise provided by Rules established by the Board. Boats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Properties, except as specified herein, or as may be permitted by Rules established by the Board. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any Unit or street unless stored in a garage. Notwithstanding the foregoing, Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the PIC for guests to park a vehicle on the driveway of a Unit for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the PIC or its authorized representative to park at the Unit. An Owner that stores a recreation vehicle off-site may park the vehicle on the driveway of a Unit for 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel. (22) Changing Unit Contours and Drainage: Subdivisions. The surface grade or elevation of the various Units shall not be substantially altered or changed in any manner which would affect the relationship of such Unit with other Units, or which would result in materially obstructing the view from any other Unit, or which would otherwise produce an effect out of harmony with the general development of the immediate area in which said Unit is located. Whether or not such alteration or change in the elevation or grade of any Unit would be prohibited shall be determined by the Declarant during the Class "B" Control Period in its sole and uncontrolled discretion. No further subdivision of any Unit without resubmitting for formal plat procedure is allowed. The sale or lease of less than a whole Unit in the Plat is expressly prohibited. (23) Garbage Disposal. The Owners of the Units shall ensure that no garbage can or other receptacle will be visible from any place outside the residence except on collection day. (24) Prohibited Materials. In order to protect the environment, sensitive areas and water quality precautions must be taken with the storm drainage system on site. The following materials shall not be allowed to enter any surface or subsurface part of the public and/or private drainage system. Page 51 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.Ci DEVELOPMENT ENGINEERING OIVISlL;; RIECE~V[Elc» [08/09/2016] ·cisneros (i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil. (ii) Trash and/or debris. (iii) Animal waste. (iv) Chemicals and/or paint. (v) Steam cleaning waste. (vi) Washing uncured concrete for cleaning and/or finishing purposes or to expose aggregate. (vii) Laundry wastes or other soaps. (viii) Pesticides, herbicides, or fertilizers. (ix) Sewerage. (x) Heated water. (xi) Chlorinated water or chlorine. (xii) Degreasers and/or solvents. (xiii) Bark or other fibrous material. (xiv) Antifreeze and/or other automotive products. (xv) Lawn clippings, leaves or branches. (xvi) Animal carcasses. (xvii) Silt. (xviii) Acids or alkalis. (xix) Recreation vehicle wastes. (xx) Dyes, unless prior permission has been granted by the Local Jurisdiction. (xxi) Construction materials. Any Owner found to not be in compliance with the use, handling or storage of this item shall immediately remove and remedy the matter, upon written notice of the Association or the Local Jurisdiction. (25) Day Care Facilities for Children. An Owner may operate a licensed child day care business in a Unit, if approved by the Board. Such approval may only be granted, in the sole discretion of the Board, if the Owner can establish that: 1) all applicable governmental zoning and land use classifications lawfully permit such usage, 2) the business and Owner are licensed to operate such a day care business by the governmental authorities with jurisdiction over such operation, 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday, 4) no more than (4) children, in addition to those children in the Owner's immediate family, are enrolled in either a part or full-time capacity in such day care program, 5) the Owner of the Unit operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their Unit, 6) the Owner of the Unit indemnifies and holds the Declarant, the Board and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of a day care, 7) prior to commencing such business operations and continuing for all times the business operates, the Owner of the Unit makes the Association an additional insured in a policy of liability insurance in an amount not less than $1,000,000.00, and 8) such day care operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. The Declarant, the Board, and the Association shall not be deemed to be a partner or joint venturer, nor shall be deemed to hold an interest in such business operation, because permission to operate such a day care business was given by the Board. Page 52 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ---Renton€ DEVELOPMENT ENGINEERING OIVISIOr RIECIE!VED [08/0912016] 'cisneros (26) Storage Sheds. All storage sheds and/or outbuildings require prior PIC approval of construction materials, location, design, and overall aesthetic appearance. All sheds or outbuildings need to be of "stick-built" construction and shall match the appearance of the main dwelling. (27) Trees. Trees are those trees planted by Declarant, or at the Declarant's direction, to comply with the requirements contained in the Plat. Trees may be located on Units near the public right of ways that lie within and along the boundaries of the Plat. Trees that are located within Common Areas are owned by the Association. A pre-existing Tree or a tree planted by the Declarant on a Unit at the time it is purchased by an Owner is considered a Tree. Any tree located within twenty (20) feet of a public right of way (whether such right of way is located within or outside the Plat), shall be presumed to be a Tree subject to the restrictions contained herein, unless the Association, the Declarant or the Local Jurisdiction confirm otherwise in writing to the Owner. (1) Easement Granted. The Association, the Declarant (and any Builder or person who has posted a bond related to the planting, maintenance or replacement of Trees with any government jurisdiction, and who has agreed to carry out the Declarant's duties as they pertain to Trees -who for the purpose of this Section may exercise the Declarant's rights related to Trees) are granted an easement to place, care for and maintain Trees on each Unit on the Properties, in locations adjacent to the public right of ways and sidewalks, whether such public right of ways are located along the front, side or back boundary of a Unit. The easement granted herein shall extend onto a Unit for a distance sufficient for a Tree (of a variety approved by the Local Jurisdiction or its successor) to be planted, maintained and pruned in manner consistent with good nursery practices. The Association and the Declarant are also granted such temporary easements that are needed to reach the location of any Tree, across any Unit or Common Areas on the Properties. (2) Responsibility for Planting and Maintenance of Trees. The Declarant shall, in their sole discretion (but consistent with the requirements of the Local Jurisdiction), plant the Trees in such locations on the Units along the right of ways and in the Common Areas that the Declarant determines. The Owners and the Association shall have primary responsibility for the maintenance of the Trees after they are planted, unless such responsibility is assumed by the Local Jurisdiction. The division of responsibility between the Owners, the Association and the Local Jurisdiction for different aspects of maintenance of the Trees may be established by notations on the face of the Plat, or if there are no such notations, by rule promulgated by the Board or ordinance adopted by the Local Jurisdiction. The Owners and the Association shall provide such maintenance to the Trees that is appropriate, based upon good nursery practices and requirements imposed by the Declarant or the Local Jurisdiction. The Owners and the Association shall be prohibited from (1) voting to abandon or ceasing the maintenance of the Trees in the right of way, or (2) removing or altering (other than appropriate pruning) the Trees without permission of Declarant, until such date that the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Trees is released and fully exonerated, without charge or reduction, or upon the bonds' forfeiture. (3) Remedies for Failure to Maintain Trees. In the event that any Owner and the Association fail to maintain the Trees, a Declarant may elect to maintain the Trees and may charge the Association and the Owners, as a special assessment, the cost of such maintenance. The special assessment arising under this section shall be a lien on the Properties in favor of Declarant, which Declarant may enforce (in place of the Association) in the manner described in the Declaration. Page 53 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton.€ DEVELOPMENT ENGINEERING DIVISlot ~ECrE~VED [08/09/2016] 'cisneros In the alternative, Declarant may elect to charge any sums deducted from the Declarant's performance bond as a special assessment against the Association and the Owners, impose the special assessment as a lien on the Properties in favor of Declarant, and enforce such special assessment (in place of the Association) in the manner described in the Declaration. This provision may not be amended without the permission of Declarant, until the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Trees are released and fully exonerated, without charge or reduction, or such bonds are forfeited. (4) Remedies Upon Removal or Alteration of Trees. In the event that an Owner removes or alters inappropriately a Tree without written permission of a Declarant (until the Declarant's performance and maintenance bonds are released or forfeited, and then the Association or the Local Jurisdiction, if the Local Jurisdiction assumes responsibility for the Trees), the removal shall be a violation of this Declaration and of RCW 64.12.030. Declarant, (until Declarant's performance and maintenance bonds are released in full without claim, and then the Association or the Local Jurisdiction), may bring an action to restrain the removal of any Tree, or for damages arising from such removal, including such additional, treble damages and attorney's fees that are available under this Declaration or state law. (5) Termination or Alteration of Restrictions on Removal of Trees. Declarant's rights and duties described herein shall cease and automatically terminate upon (1) release in full, without claims, of the Declarant's performance and maintenance bonds, (2) recovery of compensation by Declarant for all sums deducted from the bond, or (3) a date six years from the date of any bond forfeiture, whichever event occurs first. After Declarant's performance and maintenance bonds are released or forfeited, and the Declarant has received the full exoneration of the bonds without claims, or compensation for any payments made from the bonds, the Association may apply to the Local Jurisdiction or its successor for approval to terminate or alter the restrictions imposed upon the removal or alteration of Trees described in this Section. Such application may be made if a majority of the Owners approve of the Association's application for termination or alteration of the Tree restrictions. Upon written notification from the Local Jurisdiction of the termination or alteration of the restrictions upon Trees contained herein, the Association shall record a copy of the written notice in the Recorder's Office of the Local Jurisdiction in which the Plat is located. Upon recordation of such notice, the provisions of this related to Trees shall terminate or be amended in the manner described in the notice. (28) Restrictions Upon Rentals. This Section applies to the renting or leasing of Units (collectively, "renting" or "rental"), including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal, and all living arrangements in any way governed by the provisions of RCW 59.12 or RCW 59.18, and shall also apply to any sublease of a Unit and the assignment of any lease of a Unit. No Unit Owner may rent a Unit or any portion of a Unit without prior written approval of the Board of the Association ("Rental Approval"). No rental of a Unit or any portion of a Unit shall be valid or enforceable unless it complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant. The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval. The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner-occupied residential environment (as applicable by law). Page 54 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (1) Definitions. The following definitions shall apply to this Section: ----Renton~ DEVELOPMENT ENGINEERING OIVISlot RfECfE~V[E[!) [08/09/2016] 'cisneros (a) "Occupant· means anyone who occupies any portion of a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. {b) "Related Party" means a person who has been certified in a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7) the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as "domestic partner" is defined by RCW 26.60.020(1 ), or any amendment of successor to such statute, or if the statute is repealed, the definition last contained in the statute before its repeal, (9) the officer, director or employee of any Owner which is a corporation, (10) member or employee of any Owner that is a limited liability company, or (11) partner or employee of any Owner that is a partnership. (c) "Rental Agreement" shall mean any agreement, written or oral, related to the renting or leasing of any Unit or portion of a Unit. {d) "Tenant" means and includes a tenant, lessee, renter or other non-Owner occupant of a Unit that is not occupied by its Owner. For the purposes of the declaration, the term Tenant shall not include a Related Party. (2) Rental Limitation. During the Class B Control Period, no Unit or portion of a Unit may be rented by an Owner without the written permission of Declarant. After Declarant holds no property subject to this Declaration or described in Exhibit A, and the Class B Control Period has ended, the Board may determine the number of Units that may be rented at any one time, by adoption of a rule setting the number of Units that may be rented. The Board may determine that no Units or portions of Units may be rented. The restrictions contained in this section shall be known as the "Rental Limitation" and shall be applicable by law. (3) Procedure for Obtaining Approval for Renting Unit. Owners interested in renting their Unit or a portion thereof (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board in such form as shall be reviewed and accepted by the Board. Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit. In the event the Unit is not rented within the 90-day period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90-day period, or if a written rental agreement is signed within the 90-day period and the term commences within 30 days of the signing of the rental agreement. (4) Waiting List. Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Neighborhood Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board Page 55 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I • • ---Renton.(' DEVELOPMENT ENGINEERING DIV1Sl0t ~lECIE~VlEID) [08/09/2016] 'cisneros of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. All provisions herein outlined shall be applicable by law. (5) Approved Rental Unit. A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section. A Unit shall remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement in strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other than an exempt transfer (as defined below), made by the Owner to a new Owner, the Unit shall be deemed to be an Owner Occupied Unit. Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article. For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person. (6) Hardship Exception. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation in connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner-occupied neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for s.uch a temporary period as to be determined by the Board. In addition, the Board shall have the authority, notwithstanding the Rental Limitation, to consent to the Rental of a Unit, title to which is acquired following a default in a mortgage or Deed of Trust. (7) Copies of Rental Agreement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. (8) Delivery of Governing Documents to Tenants. Prior to signing any Rental Agreement, it shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner. (9) Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including all such rights and remedies as are otherwise provided in the Governing Documents or by applicable Washington law. In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of the Governing Documents, the Board may give notice to the Owner to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of Page 56 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • ----Renton e DEVELOPMENT ENGINEERING DIVISlot IRECEIVIED [08/09/2016] ·cisneros the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith. The Association shall have a lien against title to the Owner's Unit for any costs incurred by it in connection with such eviction, including reasonable attorneys' fees, which may be collected and foreclosed by the Association in the same manner as assessments are collected and foreclosed. (10) Rules and Regulations. The Board may adopt Rules and Regulations in furtherance of the administration of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members. (11) Requirements of Rental Agreement. All Rental Agreements shall be in writing. Any Rental Agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the Rental Agreement. (12) Rent Paid to Association. If a Unit is rented by its Owner, the Board may collect, and the Tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the Tenant to the Association hereunder, plus interest, costs, litigation expenses and attorney's fees if the same are in default over thirty (30) days. The Tenant shall not have the right to question payment to the Board, and such payment will discharge the Tenant'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 or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the Rental Agreement. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner, nor in derogation of any right which a Mortgagee of such Unit may have with respect to such rents. Page 57 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I • • EXHIBITC Rules of Arbitration ----Renton..~ DEVELOPMENT ENGINEERING DIVISIOt RrEClE~V!ED [08/09/2016] ·cisneros 1. Claimant shall submit a Claim to arbitration under these Rules by giving written notice to all other Parties stating plainly and concisely the nature of the Claim, the remedy sought and Claimant's submission of the Claim to arbitration ("Arbitration Notice"). 2. The Parties shall select arbitrators ("Party Appointed Arbitrators") as follows: all the Claimants shall agree upon one Party Appointed Arbitrator, and all the Respondents shall agree upon one Party Appointed Arbitrator. The Party Appointed Arbitrators shall, by agreement, select one neutral arbitrator ("Neutral") so that the total arbitration panel ("Panel") has three arbitrators. 3. If the Panel is not selected under Rule 2 within 45 days from the date of the Arbitration Notice, any party may notify the nearest chapter of The Community Associations Institute, for any dispute arising under the Governing Documents, or JAMS, or such other independent body providing arbitration services, for any dispute relating to the design or construction of improvements at the Properties, which shall appoint one Neutral ("Appointed Neutral"), notifying the Appointed Neutral and all Parties in writing of such appointment. If either agency is unavailable or unable to provide such arbitration services, the Association or any Party may apply to any court of competent Jurisdiction to appoint an arbitrator in accordance with Washington law. The Appointed Neutral shall thereafter be the sole arbitrator and any Party Appointed Arbitrators or their designees shall have no further duties involving the arbitration proceedings. 4. No person may serve as a Neutral in any arbitration in which that person has any financial or personal interest in the result of the arbitration. Any person designated as a Neutral or Appointed Neutral shall immediately disclose in writing to all Parties any circumstance likely to affect impartiality, including any bias or financial or personal interest in the outcome of the arbitration ("Bias Disclosure"). If any Party objects to the service of any Neutral or Appointed Neutral after receipt of that Neutral's Bias Disclosure, such Neutral or Appointed Neutral shall be replaced in the same manner in which that Neutral or Appointed Neutral was selected. 5. The Appointed Neutral or Neutral, as the case may be ("Arbitrator") shall fix the date, time and place for the hearing. The place of the hearing shall be within the Properties unless otherwise agreed by the Parties. In fixing the date of the hearing, or in continuing a hearing, the Arbitrator shall take into consideration the amount of time reasonably required to determine Claimant's damages accurately. 6. Any Party may be represented by an attorney or other authorized representative throughout the arbitration proceedings. In the event the Respondent fails to participate in the arbitration proceeding, the Arbitrator may not enter an Award by default, but shall hear Claimant's case and decide accordingly. 7. All persons who, in the judgment of the Arbitrator, have a direct interest in the arbitration are entitled to attend hearings. The Arbitrator shall determine any relevant legal issues, including whether all indispensable parties are Bound Parties or whether the claim is barred by the statute of limitations. 8. There shall be no stenographic record of the proceedings. Page 58 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • --------------1 ----Renton@ DEVELOPMENT ENGINEERING DIVISIOr RECEIVED [08/09/2016] 'cisneros 9. The hearing shall be conducted in whatever manner will, in the Arbitrato(s judgment, most fairly and expeditiously permit the full presentation of the evidence and arguments of the Parties. The Arbitrator may issue such orders as it deems necessary to safeguard rights of the Parties in the dispute without prejudice to the rights of the Parties or the final determination of the dispute. 10. If the Arbitrator decides that ii has insufficient expertise to determine a relevant issue raised during arbitration, the Arbitrator may retain the services of an independent expert who will assist the Arbitrator in making the necessary determination. The scope of such professional's assistance shall be determined by the Arbitrator in the Arbitrator's discretion. Such independent professional must not have any bias or financial or personal interest in the outcome of the arbitration, and shall immediately notify the Parties of any such bias or interest by delivering a Bias Disclosure to the Parties. If any Party objects to the service of any professional after receipt of a Bias Disclosure, such professional shall be replaced by another independent licensed professional selected by the Arbitrator. 11. No formal discovery shall be conducted in the absence of express written agreement among all the Parties. The only evidence to be presented at the hearing shall be that which is disclosed to all Parties at least 30 days prior to the hearing; provided, no Party shall deliberately withhold or refuse to disclose any evidence which is relevant and material to the Claim, and is not otherwise privileged. The Parties may offer such evidence as is relevant and material to the Claim, and shall produce such additional evidence as the Arbitrator may deem necessary to an understanding and determination of the Claim. The Arbitrator shall be the sole judge of the relevance and materiality of any evidence offered, and conformity to the legal rules of evidence shall not be necessary. The Arbitrator shall be authorized, but not required, to administer oaths to witnesses. 12. The Arbitrator shall declare the hearings closed when satisfied the record is complete. 13. Unless requested by the Arbitrator, there will be no post-hearing briefs. 14. The Award shall be rendered immediately following the close of the hearing, if possible, and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing, shall be signed by the Arbitrator and acknowledged before a notary public. If the Arbitrator believes an opinion is necessary, it shall be in summary form. 15. If there is more than one arbitrator, all decisions of the Panel and the Award shall be by majority vote. 16. Each Party agrees to accept as legal delivery of the Award the deposit of a true copy in the mail addressed to that Party or its attorney at the address communicated to the Arbitrator at the hearing. Page 59 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • RESPONSE TO FINAL PLAT SUBMITIAL REVIEW V.1 6/29/2016 City of Renton 1055 S Grady Way Renton, WA 98057 Re: Formal Response to Final Plat Submittal Review Engineering Review Response, Jan Illian 1. Face of the plat added wording, with further direction from Venessa RIECEiVED JUN 2 9 2016 CITY Of RE!\JTON PLANNING DIVISION 2. Tom Main has been given 2 sets of as built drawings and will be inspecting the plat 3. Ann Fowler has a copy of the Cost Data Inventory 4. As Builts, 2 paper and one set of mylars have been submitted 5. Maintenance Bond is premature at this point, waiting on punch list and Cost Data review Technical Services Review Response, Amanda Askren 1. CC&R's a. Tract 997 has been listed under legal description, see cover sheet b. Page 8 of 59 "Permits" reformatted c. Page 17 of 59 Section 5.5 un-highlighted d. Tract 997 listed on Exhibit A 2. Final Plat a. LUA16000338 and LND100468 added and the type sizes adjusted with the land record number smaller than the land use action number b. Lot Closure Calculations corrections submitted for review c. What is to be set at the corners has been marked on the map d. between bearings and distances have been fixed e. Notes on Discrepancies centerline of S 5S'h Street discrepancies fixed f. Text on Final Plat reformatted g. Page 1 Given, spelling corrected h. Page 2 1. Road dimensions on S 55th Street re-la bled 2. Legend added 3. BLA deleted the extra 6 in the recording# 4. Hatching used on Tract 997 fixed 5. Leader style used for Lots 9 and 13 fixed 6. Dimensions to the monument are added 7. Utility Easement on Lot 12 corrected 8. Sewer Easement on Lots 9 and 10 corrected i. Page 3 1. Easement note #3 put on the plat T~lbot & 55th Avenue Final Plat Review Response 6.24.16 ~------------- • • RESPONSE TO FINAL PLAT SUBMITIAL REVIEW V.1 2. Easement not #6 second line -"no" changed to "not" RIECEIV!ED 3. Tacts 997 and 999 language changed 4. 997 and 999 are dedicated to the Homeowners Association for maintenance responsibility for them. j. Hearing Examiner Decision Comments 1. Access road and easement for Sanitary Sewer was put on the final plat 2. Private access easements added to the final plat Fire Review -Building Comments. Corey Thomas 1. Ali signage has been installed Engineering Review Commnets. Ann Fowler 1. Lot square footage added JUN 2 9 2016 CITY OF RENTON PlAl\!NING DIVISION 2. We understand individual Lot BM P's shall be designed and recorded with each building permit 3. Qwest is corrected for spelling under Easement Provision #1 on Page 3 of the plat drawings 4. Right of Way dedication along S. 55th Street on site plan added Planning Review Comments, Vanessa Dolbee 1. Tract 997 a. Buffer area identified and tract boundary added b. Easement Provision and Notes updated, Tracts belong to the Homeowners association for required maintenance & taxes. 2. Tract 998, Open Space, notes the tract belongs to the HOA 3. Lot sizes added to sheet 2 for each lot 4. CCR's a. Still under review at City Attorney's Office and the City's Urban Forester b. Page 6 Section 2.9 "Common Area" deleted "the community center" and added "Native Growth Protection Tract" and "Open Space Tract" c. Page 7 section 2.9 (g) "Local Jurisdiction" eliminated d. Article VII, 7.2 e. Exhibit B, (15) 5. Initial Landscape inspection completed and punch list items will be done on or before July 10, 2016. 6. Wetland a. Mitigation i. Temporary ii. Monuments will be set on or before July 10, 2016 iii. Stakes will be set on or before July 10, 2016 iv. Split Rail Fence re-installed per direction of Venessa Dolbee v. Notice to King County and recording on or before July 10, 2016 b. Mitigation Installation and Approval: wetlands specialist written verification completed Talbot & 55th Avenue Final Plat Review Response 6.24.16 • • RESPONSE TO FINAL PLAT SUBMITIAL REVIEW V.1 c. As Built Plan included in Revised Mitigation Review Report d. Monitoring, Maintenance, Start Date, and Surety Amount: See agreement with KKaromero Landscaping Agreeement and Surety Amount is $6,250 with Columbia Bank. RIECEIVIED Talbot & 55'" Avenue Final Plat Review Response 6.24.16 JUN 2 9 2016 CITY Of f,:El\JTON PLANN!11G !)!VISION APPLICANT: Owner: Address: Phone: Email: Attention: Title: • • Lr!J ColumbiaBank RECEIVED JUN 2 9 2016 CITY OF RENTON ASSIGNMENT OF FUNDS TO THE CITY OF RENTON PLANN~NG OIVl!?JON Talbot Road LLC BANK: Columbia Bank Talbot Road LLC Branch: Bellevue Way I 020 12505 Bel-Red Rd Ste 100 Address: I 0350 NE JO'h St -- Bellevue, WA 98005 Bellevue, WA 98004 2067141939 Phone: 4254527323 talbotroadllc@gmail.com __ Fax: 4254527329 Phil Nelson Attention: Ellen Cook Managing Member Title: Branch Manager The above referenced bank hereby certifies that $6250.00_is on deposit in the account number #0001260849 under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: Talbot & 55th Ave Plat_· _________________ _ Location/ Address of Plat or Project: 55th Ave and Talbot Road ________ _ The required work is generally described as follows: Monitoring Maintenance for the Mitigation Area The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within IO days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of fimds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the City. Bank: Columbia Bank _________ _ Phil Nelson, Managing Member Date ~ / ? 1 / / (,, ::~ Branch Manager / ()./v(, 1 W /i~ Date ~ ('J-q(I ~ . 10350N.E. J(j• Street • Bellevue, Washington 98004-4212 • (425) 452-7323 • Fax (425) 452-7329 • • Wetland Mitigation Monitoring Services Agreement THIS AGREEMENT ("Contract") is made this 30th day of June, 2016, between Talbot Road LLC, (Owner), and Kkaromer LLC, (Contractor). WITNESSETH, that the Owner and the Contractor. The work described in Article 1 below shall be performed in accordance with all plans, specifications and other Contract documents for the project known as 55 Talbot Road Wetland Mitigation Monitoring Services. ARTICLE 1. SCOPE OF THE WORK General RECEIVED JUN 2 9 2016 CITY OF REMTON PLANN!tJG DIVISION Wetland Mitigation area monitoring and maintenance contained within the boundaries of the following described real property in King County, Washington: PARCAL "A" SPRINGBROOK ACRE TRACTS LOT "A" KING COUNTY BOUNDARD LINE ADJUSTMENT NO L05L0092 RECORDING NUMBER 20060523900010 BEING A PORTION OF NE QTR OF NE QTR SECTION 06, TOWNSHIP 22N, RANGE E, KING COUNTY, PLAT LOT: PORTION 11 SITUATION IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Wetland site is identified in Attachment A Inspections will occur annually in the late summer or early fall (between August 1 and September 30 prior to leaf drop. A written annual report will include baseline and comparative wetland delineations and functional assessments in accordance with the Performance Standards outlined on Page 4 of Attachment B "Genesis Resource Consulting Wetland Buffer Mitigation Plan, Talbot & 55th Parcel 793100015106" dated June 24th 2013 and Attachment C, "Watershed Dynamics" Approved Review Memo dated June 28, 2016. Photopoints will be included in the annual reports to provide a visual record of the mitigation site over time. The photopoints will be taken from the same location from year to year. Inspection and Maintenance Post-planting inspections and maintenance actions (such as irrigation or weeding) will occur. Removal of nonnative weeds (Himalayan Blackberry, English Ivy, Japanese Knotweed, Scots Broom, Reed Canary Grass, Morning Glory Purple Loosestrife) will occur by hand for three years after planting. Herbicides or pesticides will not be used unless permission from a senior ecologist is obtained. Native plants that have volunteered at the site will not be removed. More information on noxious weeks see http://www.kingcounty.gov/environment/animals-and-plants/noxious- weeds/weed-control-practices/bmp.aspx 1 • • Wetland Mitigation Monitoring Services Agreement Site Irrigation Site irrigation will follow documentation from King County Department of Permitting and Environmental Review which reads as follows: Plants just becoming established typically need an inch of water per week during the growing season. During the dry summer months, irrigation may be necessary. Typically newly established plants require an inch of water twice a week for the first year and one inch of water once a week for the second year. Deeper, less-frequent watering promotes establishment of deeper roots during the first year. During the second year, plants will be gradually weaned from the irrigation by irrigating less. Contingency Plan If plant failure occurs, careful identification and corrective actions will be taken. ARTICLE 2. TIME OF COMPLETION Work to be performed under this Contract shall commenced on or before the 1 day of July, 2016, and shall be a three year period ending the 31 day of December, 2018. Extension(s) of this contract, by mutual agreement of both parties, may be made at (1) year intervals, or any interval that is advantageous to Talbot Road LLC. ARTICLE 3. THE CONTRACT PRICE The Owner agrees to pay the Contractor for the strict performance of the work, the sum of $5,500.00 paid out at $2,500.00 the first year $1,500.00 the second year and $1,000.00 the third year. ARTICLE 4. PAYMENTS Payment will be made within 15 days receipt of invoice by Contractor. ARTICLE 5. ENTIRE AGREEMENT This agreement represents the entire agreement between the Contractor and the Owner regarding the work described in Article 1, and supersedes any prior written or oral agreements or representations as to that work. ARTICLE 6. GENERAL PROVISIONS 1. All work shall be completed in a workmanship like manner and in compliance with all building codes and other applicable laws. 2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 2 • • Wetland Mitigation Monitoring Services Agreement· 3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract. 4. Contractor warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. S. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. 6. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. Signed this 30'" day of June, 2016. Contractor 3 -· • • Wetland Mitigation Monitoring Services Agreement Attachment A -Wetland Site ." - / ,, ~:,t...--1oe.i g.,p-F,c..,- 2., <I-Of. ;S.~ Scimtific Nflme ~dobup mm,M:Sii Rhom'"" pufSllimla M:lhonill oquifoliwn Rlbcs sansuJna,m S)111p1><J,icarpo, olbus Common Nm Dougln fir c ....... IOII On:pn ll"'P' rc1Mlo'11alng cumint soowbcny e..<f.let-I{, ti_,~ A.-e,a 1,+'l2~.t. _ _..... Spacfflg S:vs fhrlnlit>' 16'0.C. 5 galloa 8 8'0,C. 5 galloo 12 •·o.c. 2 pllon 24 4'0.C. 2 gAllon 12 •·o.c 2 gallon 24 4 Sunbol l'SM RHP M R s • • Wetland Mitigation Monitoring Services Agreement Attachment B Performance Standards Genesis Resource Consulting Wetland Buffer Mitigation Plan, Talbot & 55th Parcel 793100015106" dated June 24 1h 2013 5 . . • • MI Devehpment Talbot e,°'1' 55,;, Mitigation Plan. Genesis Rtsource Consulting PERFORMANCE STANDARDS These performance standards vrul be used to evaluate whether the project's goals and objectives are being met. Since this is a small landowner site, the proposal is for the landowner to be responsible for meeting the performance standards and reporting any required information to the jurisdictional authority. 4 I) The survival rates for woody species and desired recruitment species within the mitigation buffer area will be as follows: a) Year One: _100% survival of planted woody species and desired recruitment species. b) Year Two: 85% survival of planted woody species and desired recruitment species. c) Year Three: 70% survival of planted woody species and desired recruitment species. 2) It is expected that the plant species best adapted to the site conditions within the mitigation areas will exhibit the highest survival rates Vii.thin additional numbers of those plant species occurring over the course of the monitoring period and through natural recruitment. Therefore, the overall species composition v.ithin the mitigation area may change over time. 3) Herbaceous species survival rates shall be based on overall plant cover. The performance standards for herbaceous species are as follows: a) Year One: 15% cover from planted herbaceous species and desired recruitment species. b) Year Two: 50°/o cover from planted herbaceous species and desired recruitment species. c) Year Three: 80°/o cover from planted herbaceous species and desired recruitment species. 4) Invasive Plant Species: a) Some of the mitigation area currently contains invasive plants species. Control should be conducted utilizing the methods given in the "Integrated Pest Control" section of this plan. b) During the second and third years of the monitoring period, any areas of reed canarygrass or thistle over three feet in diameter or blackberry ( other invasive woody vegetation) over five feet in diameter shall be removed. • • . .• Wetland Mitigation Monitoring Services Agreement Attachment C "Watershed Dynamics" Approved Review Memo dated June 28, 2016 6 • • WATERSHED DYNAMICS RIECEIV/EO JUN 2 9 2016 •· • --....... ~\ii ON PLANNING DIVIS )N 39004 -258'h Avenue SE, Enumclaw, WA 98022 TEL 360.825.9253 CEL 206.953.5385 DATE: June 28, 2016 HARD COPY SENT: YES X NO E-MAIL: talbotroadllc@gmail.com E-MAIL COPY SENT: X YES NO TRANSMITTAL TOTAL PAGES TRANSMITTED: 8 SUBJECT: Second Review of Wetland Buffer Mitigation Planting Mr. Wei Huang, Project Manager TO: Talbot Road, LLC Talbot Road@ 55th Ave S Renton, Washington 98056 FROM: Larry D. Burnstad, Senior Environmental Consultant PROJECT NAME: Talbot Road and S. 55th Place Subdivision PROJECT NUMBER: City of Renton Construction Permit No. Ul3003422 Watershed Dvnamics Proiect No. 2014016 Today, I visited the Talbot & 55th Ave Plat site for a second time to inspect the finished construction and planting of the Wetland Buffer Mitigation Area (WBMA) located in the southeast comer of the plat (see Photo I through Photo JO below). Since my previous visit on June 9, 2016 and our site visit on June 20, 2016, your staff has completed changes required to bring the site into compliance with the City of Renton approved WBMA Plan. As shown on the approved plan there are two sections within the WBMA; the North Section and the East Section. The chart below lists the names and quantities of the approved plants to be installed and those that have been installed in each mitigation section: Common Name Quantity Actually Planted* Douglas fir 3 3 8 cascara 4 4 12 tall Oregon grape 14 19 39 red-flowering currant 12 s•• 20 snowberry 9 17 32 Total~ I IO Total~ 111 • Based on physical count completed on 06/28/16. •• One specimen is dead. Based on my review it appears the total number of plants installed is essentially consistent with the approved plan even though the distribution within each section is not exactly according to the plan. Considering the most recent planting effort on June 25, 2016 was undertaken to reach compliance with the City approved mitigation plan and there were already plants in the ground on June 9, 2016, I believe the final planting is acceptable and meets the intent of the City approved WBMA Plan (see Figure I below). Memo to Mr. Wei Huang-June 9, 2016 -Pagel ~---------------------------------------------- • • ' I I ',, _______--; '1~ I ', ~ C~yN' ' ---? ~ 1 I I Wel:ta>\d I 1,t.44 ... ~. I I / / / lli:,t.AA..-(oei;i &..If'~ 2., 4-0(o :,..-I': ~L __ e.,f,w-M", ti,*""" Aore,a 1,'1-~2.s,.f. Scientific Name Common Name Spacing Size Quantity Pseudotsuga menzicsii Rhamnus purshiana Mahonia aquifolium Ribcs sanguineum Symphoricarpos albus Douglas fir Casoara &all Oregon gn,pc red•flowering curmnt snowbcny 16'0.C. 8'0.C. 4'0.C. 4'0.C. 4'0.C. 5 gallon • 5 gallon 12 2 gallon 24 2 gallon 12 2 gallon 24 RIECEiVlED JUN 2 9 2016 CITY or-RENTON ! 1· I r l i P' "' I < ~ l Symbol PSM RHP M R s FIGURE t: Approved Wetland Buffor Mitigation Plan (WBMP) with plant list and plant locations shown. Memo to Mr. Wei Huang-June 9, 2016 -Page 2 e ECEIVED JUN 2 9 2016 TON Following the June 9, 2016 site review, the City indicated the split-rail fence that is intended to ~ o~J separate the WBMA from the adjacent developed areas had been installed incorrectly. Rather than installing the fence along the outer edges of the WBMA and the Critical Areas Tract (CAT), the fence was to be installed along the eastern and northern (interior) edges of the WBMA. In addition, the fence that was to be installed along the southern and western edges of the CAT had not been installed. The following photos document the relocation of and addition to the required split-rail fence (see Photo 1 through Photo JO below). As we discussed during our meeting on June 20, 2016 the fence along the southern boundary of the WBMA and CAT was installed only in those locations where there was not an existing cyclone fence installed. The existing cyclone fence belongs to the adjacent land owner to the south, is already located on a the southern boundary of the Critical Areas Tract west of the WBMA, and permission was never granted for the cyclone fence removal and replacement with a split-rail fence. Given this pre-existing site condition, the installation your staff completed was the only viable option (see Photo I below). Memo to Mr. Wei Huang -June 9, 2016 -Page 3 PHOTO 1: Southwest comer of Critical Area Tract (CAT) in southwest comer of plat PHOTO 2: Split-rail fence along western edge of the CAT. EC I 'IED JUN 2 9 2016 Memo to Mr. Wei Huang-June 9, 2016 -Page 4 PHOTO 3: North section ofWBMA viewed from northwest corner oftbe CAT. RECEIVED JUN 2 9 2016 CITY OF RENTON Memo to Mr. Wei Huang -June 9, 2016 -Page 5 RECEIVED JUN 2 9 2016 PHOTO 5: View of stile included in split-rail fence to allow access for maintenance.\. ITV :JF RENTON 0 DIV ~IOM PHOTO 7: View of fence along the eastern boundary of the east section of the WBMA. Memo to Mr. Wei Huang -June 9, 2016 -Page 6 RIECEIV D JUN 2 9 2016 ITV OF ,Ei\!TON PHOTO 9: View of fence along southern b oundary of eastern section of the WBMA. Note the existing cyclone fence at the west end of th e newly installed split-rail fen ce. Memo to Mr. Wei Huang -June 9, 2016 -Page 7 e RECEIVED JUN 2 9 2016 In Photo 2, Photo 4, Photo 5, and Photo 9 a ''Native Growth Protection Area" si~ is visible. .A s N required by the City, there are six of these signs set within the CAT. As we discussed on June 20, 2016 each sign is set on separate post located approximately 6 feet inside the perimeter fence. This was done reduce the risk of vandalism or theft. In Photo 6 the approximately 10-foot wide swath of blackberry removed along the interior edge of the Wetland Buffer Mitigation Area is visible. This was done to reduce the invasion of the Himalayan and evergreen blackberry into the mitigation planting area. During regular maintenance, the swath will need to be managed to keep the blackberry canes from growing to a height greater than 1.5 feet to 2.0 feet as well as from spreading into the WBMA. This will reduce the negative impact the blackberry might otherwise have on the mitigation plants that have been installed. There are already some blackberry sprouting within the mitigation area that will need to be removed as soon as the mitigation area status is changed from construction to maintenance. PHOTO 11: Note the blackberry sprouting around the tall Oregon grape and at the edge of the control area. I would remind you the City will require the mitigation area to be maintained in accordance with the maintenance and performance standards that were in affect when the wetland buffer mitigation plan was approved. The blackberry and all other non-native, invasive plants will have to be removed frequently to prevent the ir establishment within the mitigation area and to keep the non-native invasive species from causing damage to the mitigation plants installed . Following my review today, I can verify the buffer mitigation planting has now been completed in accordance with the City of Renton approved WBMP. Next, the City will conduct a final inspection before they notify you, in writing, whether or not the mitigation construction bas been satisfactorily completed. If there are any questions regarding this memo, please contact me by telephone (360 .825 .9253) or by e-mail (lburnstad@comcast.net). Memo to Mr. Wei Huang-June 9, 2016 -Page 8 WATERSHED DYNAMICS RECEIVED JUN 2 9 2016 /"ITV t'~t: 0"=" ,.,,.. J PLAf '!I, Dl l 39004 -258 1h Avenue SE, Enumclaw, WA 98022 TEL 360.825.9253 CEL 206.953.5385 DATE: June 28, 2016 HARD COPY SENT: YES X NO E-MAIL: talbotroadl lc@gmail .com E-MAIL COPY SENT: X YES NO TRANSMITTAL TOTAL PAGES TRANSMITTED: 8 SUBJECT: Second Review of Wetland Buffer Mitigation Planting Mr . Wei Huang, Project Manager TO: Talbot Road , LLC Talbot Road @ 55th Ave S Renton, Washington 98056 FROM: Larry D. Bumstad , Senior Environmental Consultant PROJECT NAME: Talbot Road and S. 55th Place Subdivi sion PROJECT NUMBER: City of Renton Construction Permit No. U 13003422 Watershed Dvnamics ProiectNo. 2014016 Today, I visited the Talbot & 55th Ave Plat site for a seco nd time to inspect the finished construction and planting of the Wetland Buffer Mitigation Area (WBMA) located in the southeast comer of the plat . (see Photo 1 through Photo 10 below). Since my previous visit on June 9, 2016 and our site visit on June 20 , 2016, your staff has completed changes required to bring the site into compliance with the City of Renton approved WBMA Plan. As shown on the approved plan there are two sections within the WBMA ; the North Section and the East Section. The chart below li sts the names and quantities of the approved plants to be installed and those that have been installed in each mitigation section: Common Name Quandty to be Planted Quantity Actually Planted* North 1··'1'. ~ -·~ Total North F.aat Total Douglas fir 3 ~7) 8 3 5 8 cascara 4 8 12 4 8 12 tall Oregon grape 14 27 41 19 20 39 red-flowering currant 12 8 20 8** 12 20 snowberry 9 20 29 17 ts 32 Total ~ 110 Total ~ I I. I • Based on physical count co mpl eted on 06/28/16 . •• One specimen is dead . Based on my review it appears the total number of plants in stalled is essentially consistent with the approved plan even though the distribution within each section is not exactly according to the plan . Considering the mo st recent planting effort on June 25 , 2016 was undertake n to reach compliance with the City approved mitigation plan and there were already plant s in the ground on June 9 , 2016 , I believe the final planting is acceptable and meets the intent of the City approved WBMA Plan (s ee Figure 1 below). Memo to Mr. Wei Huang -June 9, 2016-Page 1 • e ./ l,,/:·" ih : I I ~! \, ',, ------/"" ---· ~ C~yDf .-/ We~ / ,.~ -.o.. ,' - I ~L __ Scmif,c Name l'ICUdolsup IIICIWCSII Rtwnnus pur"'- Mlhoffla ... fobum RillCl-au- Symphoricarpollftllla s,;,, Sire 9Ynll) 16'0C , ....... • l 'O.C Spllml 12 4'0C 2pllml 24 4'0C 2pllml 12 4'0C 2pllml 24 Symbol PSM R.HP M R s FIGURE 1: Approved Wetland Buffer Miti gation Plan (WBMP) with plant list and plant location s shown. Memo to Mr. Wei Huang -June 9 , 2016 -Page 2 e e Following the June 9, 2016 site review, the City indicated the split-rail fence that is intended to separate the WBMA from the adjacent developed areas had been installed incorrectly. Rather than installing the fence along the outer edges of the WBMA and the Critical Areas Tract (CAT), the fence was to be installed along the eastern and northern (interior) edges of the WBMA. In addition , the fence that was to be installed along the southern and western edges of the CAT had not been installed. The following photos document the relocation of and addition to the required split-rail fence (see Photo 1 through Photo 10 below). As we discussed during our meeting on June 20 , 2016 the fence along the southern boundary of the WBMA and CAT was installed only in those locations where there was not an existing cyclone fence installed. The existing cyclone fence belongs to the adjacent land owner to the south, is already located on a the southern boundary of the Critical Areas Tract west of the WBMA , and permission was never granted for the cyclone fence removal and replacement with a split-rail fence. Given this pre-existing site condition, the installation your staff completed was the only viable option (see Photo I below). Memo to Mr. Wei Huang -June 9, 2016-Page 3 e . , PHOTO 1: Southwest comer of Critica l Area Tract (CAT) in southwest co m e r of plat. PHOTO 2: Spli t-rail fence a lo ng western edge of the CAT. Memo to Mr. Wei Huang -June 9, 20 16 -Page 4 ,_ . ) PHOTO 3: North section of WBMA viewed from northwest comer of the CAT . PHOTO 4: View offence along northern edge of north buffer mitigation section looking so utheast. Memo to Mr . Wei Huan g -June 9, 20 16 -Page 5 e """ I I • PHOTO 7: View offence along the eastern boundary of the east section of the WBMA. Memo to Mr. Wei Huang -June 9, 2016 -Page 6 .. e e PHOTO 9: View of fence along southern boundary of eastern section of the WBMA. Note the existing cyclone fence at the west end of the newly installed split-rail fence . Memo to Mr. Wei Huang -June 9, 2016 -Page 7 . . ln Photo 2, Photo 4, Photo 5, and Photo 9 a "Native Growth Protection Area" sign is visible. As required by the City, there are six of these signs set within the CAT. As we discussed on June 20 , 2016 each sign is set on separate post located approximately 6 feet inside the perimeter fence. This was done reduce the risk of vandalism or theft. ln Photo 6 the approximately 10-foot wide swath of blackberry removed along the interior edge of the Wetland Buffer Mitigation Area is visible. This was done to reduce the invasion of the Himalayan and evergreen blackberry into the mitigation planting area. During regular maintenance, the swath will need to be managed to keep the blackberry canes from growing to a height greater than 1.5 feet to 2.0 feet as well as from spreading into the WBMA. This will reduce the negative impact the blackberry might otherwise have on the mitigation plants that have been installed. There are already some blackberry sprouting within the mitigation area that will need to be removed as soon as the mitigation area status is changed from construction to maintenance. PHOTO 11: Note the blackberry sprouting around the tall Oregon grape and at the edge of the control area. I would remind you the City will require the mitigation area to be maintained in accordance with the maintenance and performance standards that were in affect when the wetland buffer mitigation plan was approved. The blackberry and all other non-native, invasive plants will have to be removed frequently to prevent their establishment within the mitigation area and to keep the non-native invasive species from causing damage to the mitigation plants installed. Following my review today, I can verify the buffer mitigation planting has now been completed in accordance with the City of Renton approved WBMP. Next, the City will conduct a final inspection before they notify you, in writing, whether or not the mitigation construction has been satisfactorily completed. If there are any questions regarding this memo , please contact me by telephone (360.825.9253) or by e-mail (lbum s tad 'a comc as t.n et). Memo to Mr. Wei Huang -June 9, 2016 -Page 8 e DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT e COST DATA AND INVENTORY Project Name: Talbot & 55th A venue Plat TO : City of Renton Development Engineering Plan Review 1055 5 Grady Way, 6th Floor Renton, WA 98057 For City Use Only City Project Numbers: FROM: Talbot Road LLC 12505 Bel-Red Rd., Suite 100 Bellevue. WA 98005 DATE : July 23, 20 l6 ® . ' WTR - WWP - SWP- TRO - TED - Per the request of the City of Renton, the following Information is furni shed concerning costs for improvements proposed to be installed for the above referenced project. WATER SYSTEM CONSTRUCTION COSTS: WATERMAIN WATERMAIN WATERMAIN WATERMAIN Type CL52 CL52 CL52 GATE VALVES ~M~H _____ _ GATE VALVES ~Mtt~------ GATE VALVES ..,M..,H..._ _____ _ FIRE HYDRANT ASSEMBLIES American --------{Cost of Fire Hydrants must be listed separately} Englneerlng Oeslgn Costs City Permit Fees Washington State Sa les Tax SANITARY SEWE R SYSTEM Type SEWER MAIN PVC SEWER MAIN PVC SEWER MAIN DIAMETER OF MANHOLES Length 628 L.F . of 610 L.F . of LF . Of 7 EA of Engineering Design Costs City Permit Fees Length Size (Inches) 394 L.F of 12 " 206 L.F of 8" 55 L.F of 6" L.F of Each of 12" 5 Each of 8" 3 Each of 6" Each of Standard TOTAL COST FOR WATER SYSTEM STORM DRAINAGE SYSTEM Size (Inches} Type 8" STORM LINE .a..N .... -la..2 ____ _ 6" STORM LINE STORM FACILITY 48" STOR M IN LET V~aul~t __ _ STORM CATCHBASIN _T-ype~I __ _ Sl.200 STORM CATCHBASIN T-ype~-11 __ _ s $ ]2 900 S \ 200 s S8 156 .1.9 S94 0 10.81 Length 1287 104' X 50' 8 4 Washington State Sale s Tax (Sewer Stub-line between sewer main and private property line) TOTAL COST FOR SAN ITARY SEWER SYSTEM S6.464 .I I S18 544 $74,507.39 Engineering Design Costs City Permit Fees Washington State Sa les Tax TOTAL COST FOR STORM DRAINAGE SYSTE M STREET IMPROVEMENTS : {Including curb, gutter, sidewalk, asphalt pavement, and street lighting) L029 s.y . ATB, 1185 l.f. vertical curb, 177 s.y. sid ewalk = $40,970.40 SIGNALIZATION : (Including Engineering design costs, City permit fees, WA St ate sales tax) Street Name Sign, Stop Sign. No Parking Signs, Wetland Signs = $2,247.49 STREET LIGHTING : (Including Engineering design costs, City permit fees, WA Sate sales tax) 6 Streetlights = $42,924 Pltilip Nelson (206) 714-4939 RECEI 'ED JUN 2 9 2016 Size L.F . of 12" L.F. of EA of -X 12' EA of Type I EA of Typell $1700 $ S 13,101.17 sm,508,30 PRINT NAME PHONE SIGNATURE {Signatory must be authorized agent or owner of subject development) H:\CED\Data\Forms-Templates\Self-Help Handouts\Public Works\ COSTDATA form .doc 08/14 TALBOT AND 55TH AS BUILT POINTS TALBOT AND 55th AS-BUILT SHOTS 06/21/16 3000,159930.5960,1299242.8940,166.0260,CB FL 3001,159940.4990,1299240.8990,165.9020,SDMH 3002,159953.5490,1299237.3190,166.2030,WV 3003,159956.1770,1299139.2960,154.5060,WV 3004,159954.9750,1299137.9490,154.2760,WV 3005,159956.3410,1299137.0250,154.2490,WV 3006,159935.6490,1299041.1980,143.1570,FL 3008,159900.8650,1299140.4600,153.1990,WV 3009,159888.7040,1299160.6870,153.0010,LIGHT POST 3010,159887.1020,1299167.SSS0,153.5810,GV 3011,159866.8590,1299164 .4690,151.3350,SSCO 3012,159867.5530,1299150.9290,151.2020,SSMH 3013,159856.8820,1299123.5720,150.7160,SSCO 3014,159881.0670,1299122.6680,152.0910,SSCO 3015,159828.0400,1299126.8110,149.2240,LIGHT POST 3016,159795.0690,1299132.0210,146.9090,CBFL 3017,159795.3960,1299155.5750,146.9240,CBFL 3019,159767.7340,1299161.3180,145.8290,LAMP POST 3020,159715.4290,1299150.1600,142.6460,SSMH 3023,159671.5970,1299155.7150,140 .9260,CBFL 3024,159610.5860,1299145.3740,139.8130,SSCO 3025,159580.7710,1299147.9800,140.8920,SSMH 3026,159570.5330,1299148.5260,142.5200,SSCO 3027,159584.0100,1299172.1800,143.6070,SSCO 3028,159596.5110,1299134.7480,140.5520 ,SSCO 3029,159604.2670,1299094.5080,138.9040,SSCO 3030,159650.4950,1299069.0690,137.6940,CBFL 3031,159640.5250,1299067.1150,137.7990,LAMP POST 3032,159724 .9950,1299066.2090,137.4850,CB 3033,159729.9600,1299022.4330,134.2940,SSCO 3034,159734.2350,1299016.6090,133.4790,SSCO 3035,159734.2590,1299005.5860,132.1440,SSCO 3036,159717.8910,1298971.0730,129.0200,MH 3037,159728.9590,1298957.2260,128.8120,MH 3038,159700.1810 ,1298950.0230,128.2260,ST FL 3039,159700.2860 ,1298955.3150,128.3190,ST FL 3040,159693.6310,1298970.5240,128.9040,SSMH 3041,159664.6430,1298979.5960,128.4140,SSCO 3042,159660.3480,1298978.5170,128.0770,SSCO 3043,159590.6340,1299005.9890,128 .9820,SSCO 3063,159686.8830,1298885.2290,118.3890,CBFL 3064,159629.1380,1298885.1370,116.9040,CBFL 3065,159693.6740,1298879.1740,118.6420,SSMH 3066,159702.2650,1299095.6390,140.9940,CBFL 3067,159719.5670,1299119 .0320,142.7620,LAMP POST 3068,159827.0740,1299126.8070,149.2150,LAMP POST 3069,159851.3080,1299156.0080,150.6550,PKOS 3071,159759.7210,1299156.0760,145.4030,PKOS 3074,159634.7160,1299148.8820,139.7920,PKOS 3075,159621.9840,1299133.8070,139.4320,PKOS 3076,159619.3610,1299098.7690,138.7330,PKOS 3077,159625.1620,1299085.7490,138.3440,PKOS 3078,159640.9400,1299072.0590,137.9650,PKOS 3079,159663.4760,1299067.8020,138.2350,PKOS 3080,159695.1120,1299081.6730,140.2160,PKOS 3081,159707.7400,1299109.8410,141.9120,PKOS 3082,159818.6460,1299131.5310,148.7690,PKOS Page 1 ECEIVED JUN 2 9 2016 cnv OF RENTON PW t. G ! " O~J ( TALBOT AND 55TH AS BUILT POINTS 3083,159863.6520,1299131.5480,151.2040,PKOS 3084,159643.3200,1298967.6480,126.1720,SS MH 2A Page 2 , ~ SUBDIVISION Guarantee/Certificate Number: Issued By: @. CHICAGO TITLE INSURANCE COMPANY 0047020-06 CHICAGO TITLE INSURANCE COMPANY a corporation , herein called the Company RECEI 'ED JUN 2 9 2016 GUARANTEES Solution Partners herein called the Assu red , aga inst actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity , legal effect or priority of any matter shown therein . 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances affo rded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company fo r further information as to the availabil ity and cost. Chicago Title Company of Washington 701 5th Avenue , Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago Title Insurance Company By : Attest: President Secretary Pri nted : 03.23.16@ 10:0 1 AM W A-CT-FNSE-02150.62 24 76-SPS-1-1 6-0047020-06 ' e e • CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 ISSUING OFFICE: , _ .. Llabllity -~ $1 ,000 .00 Title Officer: Commercial I Unit 6 Chica go Titl e Company of Washington 701 5th Avenue, Su ite 2300 Seattle, WA 98104 Main Phone : (206)628-5610 Email: CTISeaTitleUnit6(@ctt.com SCHEDULE A Premium ' -. $350.00 Effective Date: March 16, 2016 at 08:00 AM The assurances referred to on the face page are: ,. Tax ,. ,. $33.60 That, according to those public records which , under th e recording laws , impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in : Talbot Road, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions , whi ch Ex ceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Pnnted : 03.23.16@ 10:01 AM WA-CT-FNS E-02150.622476-SPS-1-16-0047020-06 EXHIBIT "A" Legal Description Lot A , King County Boundary Line Adjustment Number L05L0092, recorded under recording number 20060523900010, in King County, Washington. Subdivision Guarantee/Certlffcate Page 3 Printed: 03.23.16@ 10:01 AM WA-CT-F NSE-02150.622476-SPS-1 -16-004 7020-06 ' e e • CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 SCHEDULE B H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Subdivision Guarantee/Certificate Printed: 03.23.16@ 10:01 Ml. Fage4 WA-CT-FNSE -02150.6224 76-SPS· 1-16-0047020-06 e • CHICAGO T ITLE IN S URANCE COMPANY SPECIAL EXCEPTIONS SC HEDULE B (continued) e GUARANTEE/CERTIFICATE NO. 0047 02 0-06 1. Covenants, conditions, restrictions , recitals, reserva t ions , easements , easement provisions, dedications , building setback lines , notes , statements, and other matters, if any, but omitting any covenants or restrictions , if any, including but not limited to those based upon race, color, re ligion , sex , sexual orientation , fam ilial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws , except to the extent that sa id covenant or restriction is permitted by applicable law, as set forth on: King County Boundary Line Adjustment Number L05L0092 Recording No: 20060523900010 2. This item intentionally deleted 3. This item intentionally deleted 4 . Th is item intentionally deleted 5. General and special taxes and charges, payable February 15, delinquen t if first ha lf unpaid on May 1 , second half delinquent if un paid on November 1 of the tax year (amounts do not include interest and penalties): Yea~ 2016 Tax Account No.: 793100-0151 -06 Levy Code : 2170 Assessed Va lue-Land: $310,000.00 Assessed Value-Improvemen ts: $0.00 General and Special Taxes: Billed : Paid: Unpaid : 6. Th is item intentionally deleted $4 ,122.65 $0 .00 $4 ,122.65 7. Terms and conditions of the limited liab il ity company agreement for Talbot Road, LLC. 8. A Deed of Trust, Assignment of Rents , Fixture Filing and Security Agreement, to secure an indebtedness in the amount shown be low, Amount: Dated : T rustor/Grantor: Trustee: Benefi ci ary: Recording Date : Recording No .: Subdivision Guarantee/Certificate $1 ,250,000.00 September 10, 2015 Ta lbot Road, LLC, a Washington Limited Liability Company Chicago Title Insurance Company Alc o Investment Company September 10 , 2015 20150910001291 Page5 Pr1nt ed: 03.23.16@ 10:0 1 AM WA-CT-FNSE-02150.6224 76-SPS-1-16-004 7020-06 e e "" CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 SCHEDULE B (continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: Construct, operate, maintain , repair, replace, improve, remove , upgrade and extend one or more utility systems for transmission , distribution and sale of gas and electricity Recording Date: November 12, 2015 Recording No.: 20151112001611 Affects: A portion of herein described property END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A : Note B: Note C: Note: FOR INFORMATIONAL PURPOSES ONLY : The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04 .045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot A , KC BLA #L05L0092, 20060523900010 Tax Account No.: 793100-0151-06 Note: The only conveyance(s) affecting said Land , which recorded within 36 months of the date of this report, are as follows : Record No.: 20150511001552 Note: Any map furnished with this Commitment is for convenience in locating the lan d indicated herein with reference to streets and other land. No liabi lity is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 03.23.16@ 10:01 AM WA-CT-FNSE-02150.6224 76-SPS-1-16-0047020-06 Page 6 -~ RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Dtplrtmtnt (A!M) PO Box 97034 / EST .OSW BtlltVUt, WA 98009-973' • PUGET SOUND ENERGY REFERENCE #: GRANTOR (OWner); TALBOT ROAD, LLC IIHIIIIIIIIIIIII 20151112001611 =:i!JY'9 e UI 715.11 U'12=9v!i:i- EASEMENT ORIGINAL GRANTEE (PSE): PUGET SOUND ENERGY, INC . SHORT LEGAL : Portion of Lot A, BLA No. LOIL0092, K.C . Rec. No. 20010123900010 ASSESSOR 'S PROPERTY TAX PARCEL: 713100-0111 20151112001811 .001 For and in conalderatlon of good and valuable oonalderatlon , the reoelpt and 1ufflclency of which are hereby acknowtedged, TALBOT ROAD, LLC, a Waahlngton limited llablllty company ("Owner" herein), hereby grants and conveya to PUGET SOUND ENERGY, INC., a W11hlngton corporttlon ("PSE" herein), for the purposQ described below, a nonexclusive perpetual easement over, under, along acrot& and through the rollowtng described real property (the "Property" herein) In King County, Washington : LOT A OF 80UNDA1'Y LINE ADJUSTMENT NUMBE,. L05L0092, RECORDED ON MAY 23, 2006 UNDER KINO COUNTY RECORDINO NUMBER 20060523900010. SIT\JATE IN THE COUNTY OF KINO, STATE OF WASHINOTON. Except a may be otherwise set forth herein PSE'a rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows : EASEMENT No, 1: ALL STREETS ANO ROAD RIOHT8-oF-WAY (BOTH PRIVATE ANO PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY, (WHEN SAID ITRl!l!TI AND ROADS ARI! DEDICATED TO THE PUBLIC, THIS ct.AUBE SHALL Bl!COMI! NUU AND VOID.) EASEMENT No. 2: A STRIP OF LAND 10 FE!T IN WIDTH ACROSS ALL LOTS, TRACTS ANO OPl!N SPACES LOCAT!O WITHIN THE ABOVE DESCRIBED PftOPl!lnY HING PAllALLEL TO AND COINCIOENTWlTH THE BOUNOARl!I OF SAID PUl!IUC STREETS ANO ROAD RIOHTI-OF-WAY, EASEMINT NO. 3: A STRIP OF LANO 5 FEET IN WIDTH HAVING 2.5 FEET 0, SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOUOWS! THE CENTERLINE OF GRANTEE'S FACILITil!S AS NOW CONSTRUCT!O, TO 81! CONITRUCT!O, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DEICRll!ll!D PROPERTY BEINO PARALLEL TO AND COINCIDENT WITH THI! BOUNDARIES OF ALLEYWAYS AND PRIVATE DRIVEi. UG Gas & Electrtc EaHment 2013 WO, 10101151180 / RW-0113929 / Talbot & 55th Page 1 of 3 UeaLOhJen 20151112001611 .002 1. Purpose. PSE shalf have the right to use the Easement Area to con,truct, operate, maintain, repair, replace, Improve, ,-move, upgrade and extend on, or more utlllty ayat,m, for purpoHs of transmission, distribution and sale of gas and electricity. Such systems may Include , but are not limited to: Underground facllltlN. Condulta, line,, ceblea, vault., ,witchH and trenaformers for electricity ; pipes, pipelines , mains , laterals, conduits, regulators, gauges and rectlflert for gas: fiber optic cable and other lines , cables and fac llitlea for communications ; semi-burled or ground-mounted facllltlet and pad,, menholes , meters , fixture,, attachments and any and all other facilities or eppurtenancea necessary or convenient to any or all or the forego ing. Following the Initial construction of all or a portion of Its systems, PSE may, from time to time, construct such additional facilities as It may require for suet, systems. PSE shall have the right or acoess to the Easement Area 0\191' and ecross the Property to enable PSE to exerclae its r1ghts granted In th is easement 2. E1Hment Area Cleartng and Maintenance . PSE shall have the right, but not the obligation to cut, r1tmove and dispose or any Ind ell brush , tren or other vegetation In the Eeaement Area . PSE shin also have the right. but not the oblfgatlon, to control , on • continuing basis and by any prudent and reasonable means, the eatabl1Shment and growth of brush, trees or other vegetation In the Eesement Area. 3. Trees Outside Easement ANa. PSE shall have the right to cut. tr1m remove and dispose of any treat located on the Property outside the Easement Area that could, In PSE't sole Judgrn.nt, interfere with or create a hazard to PSE's systems . PSE shall, except In the eYent of an emergency, prior to the exercise or such right, Identi fy such trees and make a reasonable effort to give Owner prior notice that such trees will be cu~ trimmed, removed or disposed . Owner shall be entitled to compensation for the actual market value of merchantable timber (If any) cut and removed from the Property by PSE. 4. RHtoratlon. Following Initial ln1tallatlon , repair or e>Ctenslon of Its facllltles. PSE shall. to Iha extent reasonably practicable, restore landscaping and surfaces and portions of the Property atrected by PSE's work to the condition existing Immediately prior to such wor1<, unle11 said wor1< wu done at the request of Owner, In wh ich case Owner shall be responsible for such restoration . AU raatoratlon which Is the responslblllty of PSE shall be perfcnned as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's uae of the Property. 5. Owner• Uae of E1Nment Area . Owner reserves the right to use the Easemen1 Area for any purpose not Inconsistent with Iha rights herein granted, provided, however, Owner shall not excavate within or otherwise cha~e the grade Of the Easement Area or oonttruct or maintain eny bulldlng1 or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's faci lltln without PSE's prior written consent 8. Indemnity. PSE agrees to Indemnify Owner from and against lfablllty Incurred by Owner as a resutt of the negligence of PSE or Its contractort In the exercise of the rights herein granted to PSE, but noth~ herein shall require PSE to Indemnify Owner for that portion of any such llablllty attr1butable to the negllgance of Owner or the nagHganoe of othara. 7. Tennlnatlon. The rights herein granted shall continue until such time as PSE 1ermlna1fl such right by written Instrument. If terminated, any Improvements remaining In the Easement Area shall become the property of Owner. No termination shall be deemed to ha"' cx:cul'Ted by PSE'• failure 10 Install its systams on the Easement Area . a. Succenors and Anlgna. PSE shalt have the right to assign, apportion or othelWise transfer any or aa of lta rights, benefits, privileges and Interests arising In end under this eeaement. Without llmltlng the generality of the foregoing, the rights and obligations of the partin shall be binding upon their respective successors and 111lgn1. UG Gaa & Eleetrtc Eaaement 2013 WO# 101096980 I RW,093929 / Talbot & 55th Page 2 of 3 •• 2015 1112001 611 .003 • DATED this /().,,, day of NoJ/1!;/118e£,. , 20.J.5_. OWNER: TALBOT ROAD , LLC, I Withington llmlted llablllty company By,/~~-~~ Its: df~t!l(~/4 ~ STATE OF WASHINGTON ) COUNTY OF t'JN ~ ~ SS On this lo day of fV1c1tmdM-: • 20 /!,-, before me, the undersigned, a Notary Publi c In and for the State of Washington, duly commissioned and swom , personally appeared Ph ,1, /J 4 Nus,,y . to me known to be the person<s> who signed as 018•ri 'Ml, Y4 t &y, B EJ(. , of TALBOT ROAD , LLC, the Washingto n limited liability company that executed the within and foregoing Instrument, and acknowledged said instrument to be his I her free and voluntary act and deed end the free and voluntary act and deed of said llmlted llablllty company for the uses and purposes therein mentioned ; and on oath stated that he / she was authorized to execute the said Instrument on behalf of said limited liability company . NOTARY PUBLIC in and for the State of Washington , residing at 1:-'~~' IHV•J My Appointment Expires: -2-l'f-zot 8' Notary seal, text and all notations must be Inside 1· margins UG Gas & Electric EaHmtnt 2013 Wot 101095980 I RW-093929 / Talbot & 55th Page 3 of 3 BOUNDARY Parcel name: BOUNDARY North: 159931. 5787 East : 1299033.3374 Line course: S 88-27-05 E Length: 131.86 North: 159928.0152 East 1299165.1493 Line Course: s 01-32-55 w Length: 10.00 North: 159918.0188 East : 1299164.8790 Line Course: s 88-27-05 E Length: 86.47 North: 159915.6820 East : 1299251. 3174 Line course: s 00-05-32 w Length: 395.66 North : 159520.0225 East : 1299250.6806 Line course: N 88-27-05 w Length : 352.62 North: 159529.5521 East : 1298898.1894 Line course: N 00-03-05 w Length: 289.28 North: 159818.8320 East : 1298897.9299 Line course: S 89-54-28 E Length: 135.23 North: 159818.6143 East : 1299033.1597 Line course: N 00-05-32 E Length: 112.96 North: 159931.5742 East : 1299033.3416 Perimeter: 1514.09 Area: 126,818.23 sq. ft. 2.91 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0.0062 course: s 42-11-30 E Error North: -0.00456 East : 0.00414 Precision 1: 244,206.45 Page 1 ECE VED JUN 2 9 2016 Parcel name: LOT 1 North: 159915.6820 Line Course: N 88-27-05 w North: 159917.3527 curve Length: 39.95 Delta: 91-32-55 Cho rd : 3 5 • 8 3 course In: s 01-32-55 w RP North: 159892.3618 End North: 159892 .3618 Line course: s 00-00-00 w North: 159851 .2818 Line course: s 90-00-00 E North: 159851.2818 Line Course: N 00-05-32 E North: 159915.6817 e LOT 1 East : 1299251.3174 Length: 61.82 East : Radius: Tangent: course: course Out: 1299189.5200 25.00 25.69 S 45-46-27 W N 90 -00-00 W 1299188.8444 1299163.8444 East East Length: 41.08 East 1299163.8444 Length: 87.37 East 1299251.2144 Length: 64.40 East 1299251.3180 Perimeter: 294 .60 Area: 5,590.12 sq. ft. 0.13 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0007 course: s 66-42-44 E Error North: -0.00026 East : 0.00061 Precision 1: 420,885.71 Page 1 RECEIVED JUN 2 9 2016 Parcel name: LOT 2 North: 159851.2860 Line course: N 90-00-00 w North: 159851.2860 Line Course: s 00-00-00 W North: 159804.7860 Line course: s 90-00-00 E North: 159804.7860 Line Course: N 00-05-32 E North: 159851 .2859 LOT 2 East : 1299251.2138 Length: 87.37 Length: Length: Length: East 46. so East 87.29 East 46. so East 1299163.8438 1299163.8438 1299251.1338 1299251. 2086 Perimeter: 267.66 Area: 4,060.88 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0052 course: s 89-19-50 w Error North: -0.00006 East : -0.00515 Precision 1: 51,473.08 Page 1 ECE VED JUN 2 9 2016 \ Parcel name: LOT 3 North: 159804.7860 Line course: N 90 -00-00 w North: 159804.7860 Line course: s 00-00-00 w North: 159759.7360 Line course: s 90 -00 -00 E North: 159759.7360 Line course: N 00 -05-32 E North: 159804.7859 LOT 3 East : 1299251.1389 Length: 87.29 East 1299163.8489 Length: 45.05 East 1299163.8489 Length: 87.22 East 1299251.0689 Length: 45.05 East 1299251.1414 Perimeter: 264.61 Area: 3,930.74 sq. ft. 0 .09 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0.0025 course: s 88 -40-08 E Error North: -0.00006 East : 0.00251 Precision 1 : 105,844.00 Page 1 R CEI JED JUN 2 9 2016 Parcel name: LOT 4 North : 159759.7382 Line course : N 90-00-00 w North: 159759 .7382 Line course: s 00-00-00 w North: 159714.7382 Line course: s 90-00-00 E North: 159714 .7382 Line Course : N 00 -05 -32 E North: 159759.7381 LOT 4 East: 1299251.0664 Length: 87.22 East 1299163 .8464 Length: 45.00 East 1299163.8464 Length: 87.15 East 1299250.9964 Length: 45.00 East 1299251.0688 Perimeter: 264.37 Area: 3,923.31 sq . ft. 0.09 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0024 course : s 88-37-35 E Error North: -0.00006 East : 0.00243 Precision 1: 110,154.17 Page 1 ECEIVED JUN 2 9 2016 Parcel name: LOT 5 North: 159714.7382 Line Course: N 90-00-00 W North: 159714.7382 Line course: s 00-00-00 w North: 159669.7382 Line course: s 90 -00-00 E North: 159669.7382 Line Course: N 00-05-32 E North: 159714.7381 LOT 5 East : 1299250.9940 Length: 87.15 East 1299163.8440 Length: 45.00 East 1299163.8440 Length: 87.08 East 1299250.9240 Length: 45.00 East 1299250.9964 Perimeter: 264.22 Area: 3,920.04 sq. ft. 0.09 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0024 Course: S 88 -37-35 E Error North: -0.00006 East : 0.00243 Precision 1 : 110,095.83 Page 1 EC IVED JUN 2 9 2016 CITY 0 PLAf Parcel name: LOT 6 North: 159669.7382 Line Course: N 90 -00-00 W North: 159669.7382 Line course: s 00-00-00 w North: 159662 .5582 curve Length : 33.58 Delta: 37 -21-50 chord: 32.99 Course In: s 89-00-40 w RP North: 159661.6694 End North: 159631.1264 Line course: s 53 -26 -16 E North: 159624.2818 Line course: s 90-00-00 E North: 159624.2818 Line course: N 00 -05-32 E North: 159669.7418 LOT 6 East : 1299250.9216 Length: 87.08 East : 1299163.8416 Length: 7.18 East : Radius: Tangent : course: course out: 1299163.8416 51. so 17.41 S 17-41-35 w S 53-37 -30 E 1299112.3492 1299153.8146 East East Length: 11.49 East 1299163.0435 Length: 87.80 East 1299250.8435 Length: 45.46 East 1299250.9166 Perimeter: 272.59 ~rea: 4,091.44 sq. ft . 0 .09 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0061 course: N 53-42-36 w Error North: 0.00360 East : -0.00491 Precision 1: 44,686.89 Page 1 R C I 'ED JUN 2 9 2016 Parcel name: LOT 7 North: 159624.2780 Line Cou r se: N 90-00-00 w North: 159624.2780 Line course: N 53-26-16 w North: 159631.1226 Curve Length: 20.09 Delta : 22-20-51 chord: 19.96 Course In: N 53-37-30 w RP North: 159661.6655 End North: 159617.6504 Line course: s 50 -33 -30 E North : 159613.8005 Line course: s 00-05 -32 w North : 159576.8906 Line course: s 90-00-00 E North: 159576.8906 Line Cou r se: N 00-05-32 E North: 159624.2705 LOT 7 East : 1299250.8484 Length: 87.80 East : 1299163.0484 Length: 11.49 East : Radius: Tangent: course : Course Out: 1299153.8195 51. so 10.17 S 47 -32-56 w S 31-16-39 E 1299112.3541 1299139.0921 East East Length: 6.06 East 1299143.7721 Length: 36.91 Length : Length: East 107.06 East 47.38 East 1299143 .7126 1299250.7726 1299250.8489 Perimeter: 316.79 Area: 5,133.32 sq. ft. 0.12 acres Mapcheck c l osure -(Uses listed courses, radii, and deltas) Error closure: 0 .0075 course: s 03-58-57 E Error North: -0.00749 East : 0.00052 Precis i on 1: 42,238.67 Page 1 RECEl''ED JUN 2 9 2016 ON Parcel name: LOT 8 North: 159576.8936 Line Course: N 90-00-00 w North: 159576.8936 Line course: s 00-05-32 w North: 159522.9137 Line course: s 88-27-05 E North: 159520.0193 Line Course: N 00-05-32 E North: 159576.8893 LOT 8 East : 1299250.7721 Length: 107.06 East : 1299143.7121 Length: 53.98 East : 1299143.6252 Length: 107.10 East 1299250.6861 Length: 56.87 East 1299250.7776 Perimeter: 325.01 Area: 5,933.78 sq . ft. 0 .14 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error Closure: 0.0071 Course: s 51 -34 -58 E Error North: -0.00439 East : 0.00553 Precision 1: 45,776.06 Page 1 R CEIVED JUN 2 9 2016 CITY OF REt 'TON PLANN. 4G DIVISION Parcel name: LOT 9 North: 159613.8021 Line course: N 50-33-30 w North: 159617.6520 curve Length: 41.86 Delta: 46-34-26 Chord: 40.72 course In: N 31-16-39 w RP North: 159661.6671 End North: 159611 .9915 Line course: s 00-05-32 w North: 159524.1317 Line course: s 88-27-05 E North: 159522.9153 Line Course: N 00-05-32 E North: 159613.8051 LOT 9 East : 1299143.7699 Length: 6.06 East : Radius: Tangent: course: course out: 1299139.0899 51. so 22.17 s 82-00-34 w S 15-17-47 W 1299112.3520 1299098.7657 East East Length: 87.86 East 1299098.6242 Length: 45.01 East 1299143.6178 Length: 90.89 East 1299143.7641 Perimeter: 271.68 Area: 3,997.70 sq. ft. 0.09 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0.0066 course: N 62-24-04 w Error North: 0.00304 East : -0.00581 Precision 1: 41,163.64 Page 1 RECEIV D JUN 2 9 2016 LOT 10 Parcel name: LOT 10 North : 159611. 9905 East : 1 299098 .7669 Curve Len 1th: 21. 74 Radius: 51. 50 De ta: 24 -11-17 Tangent: 11.04 Chord: 21. 58 course: N 62 -36-34 W course In: N 15-17-47 E course out: S 39-29-04 W RP North: 159661.6660 East 1299112 .3533 End North: 159621 .9185 East 1299079 .6060 Line course: s 61-53-05 W Length: 29.30 North: 159608.1109 East 1299053 .7634 Line Course: s 00 -05 -32 w Length : 82 .76 North: 159525.3510 East 1299053.6302 Line course: S 88 -27-05 E Length: 45.01 North: 159524.1346 East 1299098 .6237 Line Course: N 00-05-32 E Length: 87.86 North: 159611.9945 East 1299098.7652 Perimeter: 266.68 Area: 4 ,083.00 sq . ft. 0.09 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0.0044 course : N 23 -36 -03 w Error North: 0.00406 East : -0.00177 Precision 1: 60,606.82 Page 1 ECEIVE JUN 2 9 2016 C ITY OF R 1TON PLA G IV I~ l Parcel name: LOT 11 North: 159608.1095 Line Course: N 61-53-05 E North: 159621 .9170 Curve Length : 19.82 Delta: 22 -02 -45 chord: 19.69 course In: N 39-29-04 E RP North: 159661 .6646 End No r th: 159637 .1148 Li ne course: s 52-21-02 w North: 159618.4724 Li ne course : N 90 -00 -00 w North: 159618.4724 Line Course: s 01-32-55 w North: 159526.8358 Line course : s 88 -27 -05 E North: 159525.3519 Line course: N 00 -05 -32 E North : 159608.1118 LOT 11 East : 1299053.7606 Length : 29 .30 East : Radius : Tangent : course : Course out : East East Length: 30.52 1299079.6033 51.50 10 .03 N 39 -29 -33 W s 61 -31-49 w 1299112.3505 1299067.0784 East 1299042.9138 Length : 41 .70 East 1299001.2138 Length: 91 .67 East 1298998.7365 Length: 54.91 East 1299053.6264 Length: 82 .76 East 1299053.7596 Perimeter: 350.68 Area: 5,404.75 sq . ft. 0 .12 acres Map c heck closure -(uses listed courses, radii, and delta s) Error closure: 0.0025 Course: N 24 -09 -20 W Error North: 0.00228 East : -0.00102 Precision 1: 140,272.00 Page 1 ECEIVED JUN 2 9 2016 e LOT 12 Parcel name : LOT 12 North : 159637.1162 East 1299067.0813 Curve Len 1th : 27.40 Radius : 51. 50 De ta: 30 -28 -58 Tangent: 14.03 chord: 27.08 course: N 13-13-42 W course In: N 61-31-49 E course out: N 87-59-13 W RP North: 159661.6660 East 1299112.3534 End North: 159663.4750 East 1299060 .8852 Line course: s 89-59-59 w Length: 97.09 North: 159663.4746 East 1298963.7952 Li ne course: s 00 -03-05 w Length: 28.04 North: 159635.4346 East 1298963.7700 curve Len 1th: 24.93 Radius: 59.16 De ta: 24-08 -38 Tangent: 12.65 Chord: 24.75 Course : S 46-44-36 E course In: s 31 -11-05 w course out: N 55-19-43 E RP North: 159584.8230 East 1298933 .1370 End North: 159618.4773 East 1298981.7919 Line course: S 90-00-00 E Length : 61.12 North: 159618.4773 East 1299042.9119 Line Course : N 52 -21 -02 E Length: 30.52 North: 159637.1198 East 1299067.0765 Perimeter: 269.10 Area: 4,134.31 sq. ft. 0.09 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0.0060 Course: N 53-17-56 W Error North : 0.00360 East : -0.00483 Precision 1: 44 ,850.00 Page 1 ECEIVED JUN 2 9 2016 C ITY Of NTON PLANN GD 'I ~IOM Parcel name: LOT 13 North: 159699.5639 Line course: N 43-08-49 w North: 159713 .4774 Line course: N 90-00-00 w North: 159713.4774 Line course: s 00-03-05 w North: 159663.4774 Line course: N 89-59-59 E North: 159663.4779 curve Length: 40.78 Delta: 45-22-07 chord: 39.72 Course In: s 87-59-13 E RP North: 159661.6688 End North: 159699.5667 e LOT 13 East : 1299077 .4821 Length: 19 .07 East : 1299064.4407 Length: 100.60 East 1298963.8407 Length: 50.00 East : 1298963.7958 Length: 97.09 East : Radius: Tangent: course: Course Out: East East 1299060.8858 51. so 21. 53 N 24-41-50 E N 42 -37-06 W 1299112.3541 1299077 .4828 Perimeter: 307 .53 Area: 5,186.50 sq. ft . 0.12 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0029 course: N 13-58-06 E Error North: 0.00280 East : 0 .00070 Precision 1: 106,048.28 Page 1 RECEIVED JUN 2 9 2016 C ITY OF RE TON DVUON Parcel name: LOT 14 North: 159818.6578 Line course: N 89-54-28 w North: 159818.7303 Line Course: s 00-03-05 w North: 159713.4703 Line course: s 90-00-00 E North: 159713.4703 Line course: N 00-03-05 E North: 159818.6503 LOT 14 East : 1299008.9387 Length: 45.00 East : 1298963.9388 Length: 105.26 East : 1298963 .8444 Length: 45.00 East : 1299008.8444 Length: 105.18 East 1299008.9387 Perimeter : 300.44 Area: 4,734.86 sq. ft. 0.11 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0076 course: s 00-06-07 w Error North: -0.00757 East : -0.00001 Precision 1: 39,531.58 Page 1 RECEIVED JUN 2 9 2016 LOT 15 Parcel name: LOT 15 North: 159733.4750 East : 1299073.1087 Line course: N 90-00-00 w Length: 19.25 North: 159733.4750 East 1299053.8587 Line course: N 00 -03 -05 E Length: 85.14 North: 159818.6150 East 1299053 .9351 Line Course: N 90 -00-00 W Length: 20.78 North: 159818.6150 East 1299033 .1551 Line course: N 89 -54-28 w Length: 24 .22 North: 159818.6539 East 1299008 .9351 Li ne course: s 00 -03 -05 w Length: 105.18 North: 159713.4740 East 1299008.8408 Line course: s 90-00-00 E Length: 55.60 North: 159713.4740 East : 1299064.4408 Line Course: s 43 -08 -49 E Length: 19.07 North: 159699.5605 East : 1299077.4822 Curve Len~th: 20.58 Radius: 51. so oe ta: 22 -53 -53 Tangent: 10 .43 chord: 20.45 course: N 58-49-51 E course In : s 42-37-06 E course Out: N 19-43-13 W RP North: 159661.6626 East 1299112.3535 End North : 159710 .1422 East 1299094.9759 Line Course: N 43-08-49 W Length: 31.98 North: 159733.4749 East 1299073.1057 Peri meter : 381 .80 Area: 5,526.82 sq. ft. 0 .13 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0031 course: s 88 -05 -43 w Error North : -0 .00010 East : -0.00305 Precisi on 1: 123,161 .29 Page 1 RECEIVED JUN 2 9 2016 Parcel name: LOT 16 North : 159818.6189 Line course: N 00 -05-32 E North: 159863 .6188 Line course: s 90 -00-00 E North: 159863.6188 Line course: s 00 -00-00 w North : 159818.6188 Line Course: N 90-00-00 w North: 159818.6188 LOT 16 East : 1299033.1556 Length: 45.00 East 1299033.2280 Length: 90.62 East 1299123.8480 Length: 45.00 East 1299123.8480 Length: 90.69 East 1299033.1580 Perimeter: 271.31 Area : 4,079.42 sq. ft . 0.09 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error closure: 0 .0024 course: s 88-37-35 E Error North: -0.00006 East : 0.00243 Precision 1: 113,045.83 Page 1 l':C IVED JUN 2 9 2016 \JTON Parcel name : LOT 17 North : 159863.6189 Line Course: N 90 -00-00 w North: 1 59863.6189 Li ne course: N 00 -05-32 E North : 159921.5788 Line course: s 88 -27-02 E North: 159919 .7882 curve Length : 38.59 Delta : 88 -27 -02 chord : 34.87 course In: s 01 -32 -58 w RP North: 159894.7974 End North: 159894.7974 Line course: s 00-00-00 w North: 159863.6174 LOT 17 East : 1299123.8456 Length: 90.62 East 1299033.2256 Length: 57.96 East Length: 66.22 East : Radius : Tangent : course: Course Out: East East Length: 31.18 East 1299033.3189 1299099.5147 25.00 24.33 S 44-13 -31 E S 90 -00 -00 E 1299098.8387 1299123.8387 1299123 .8387 Perimeter : 284.57 Area : 5,012 .62 sq. ft. 0.12 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error closure: 0.0071 course: s 77-46 -38 w Error North: -0.00150 East : -0.00691 Precision 1: 40 ,080.28 Page 1 RECEIVED JUN 2 9 2016 CITY OF ... 1TON PLAIN G .. 10 I TRACT 997 Parcel name: TRACT 997 North: 159618.4750 East : 1299001.2150 Line course: N 90-00-00 w Length: 19.42 North: 159618.4750 East : 1298981.7950 curve Len~th: 24.93 Radius: 59.16 De ta: 24-08-38 Tangent: 12 .65 chord: 24.75 course: N 46-44-36 W course In: s 55-19-43 w course Out: N 31-11-05 E RP North: 159584.8207 East 1298933.1401 End North: 159635.4322 East 1298963.7731 Line course: N 00 -03-05 E Length~ 28.04 North: 159663.4722 East 1298963.7983 Line Course: s 89-59-59 W Length: 3.85 North: 159663.4722 East 1298959.9483 Line Course: N 55-44-56 W Length: 23.75 North: 159676.8392 East : 1298940.3170 curve Len~th: 34.14 Radius: 90. 50 De ta: 21-36-41 Tangent: 17.27 chord: 33.93 Course: N 74-46-18 W course In: s 26-02-03 w course out: N 04-25-22 E RP North: 159595.5220 East : 1298900.5959 End North: 159685.7525 East : 1298907.5749 Line course: s 85-53-50 w Length: 9.55 North: 159685.0693 East : 1298898.0494 Line Course: s 00-03-05 E Length: 155.52 North: 159529.5493 East : 1298898.1888 Line course: s 88-27-05 E Length: 100.59 North: 159526.8309 East 1298998.7421 Line course: N 01-32-55 E Length: 91.67 North: 159618.4674 East : 1299001. 2195 Perimeter: 491.46 Area: 13,285.88 sq. ft. 0.31 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0088 course: s 30-34-22 E Error North : -0.00761 East : 0.00450 Precision 1: 55,847.73 Page 1 CEIV D JUN 2 9 2016 Parcel name: TRACT 998 North: 159818.6189 Line course: s 90-00-00 E North: 159818 .6189 Line course: s 00 -00 -00 w North: 159736 .9689 curve Length: 34.83 Delta: 79-49-48 Chord: 32.08 course In: N 90 -00 -00 w RP North: 159736.9689 End North: 159712.3617 curve Length: 8.58 Delta: 9-33-01 chord: 8.57 course In: s 10-10-12 E RP North: 159661.6708 End North: 159710.1504 Line course: N 43 -08-49 w North: 159733.4831 Line course: N 90 -00 -00 w North: 159733.4831 Line course: N 00 -03 -05 E North: 159818.6230 e TRACT 998 East : 1299053.9342 Length: 69.91 East : 1299123.8442 Length: 81 .65 East : Radius: Tangent: course: course out: East : East : Radius: Tangent: course: course out : 1299123.8442 25.00 20.91 S 39-54-54 w S 10 -10-12 E 1299098.8442 1299103.2584 51. so 4.30 S 75 -03-17 W N 19 -43 -13 W 1299112.3518 1299094 .9742 East East Length: 31.98 East 1299073.1040 Length: 19.25 East 1299053.8540 Length: 85.14 East 1299053.9303 Perimeter: 331.35 Area: 6,703.20 sq. ft. 0.15 acres Mapcheck Closure -(uses listed courses, radii, and deltas) Error closure: 0 .0057 course: N 42-43-26 w Error North: 0.00418 East : -0.00386 Precision 1: 58,129.82 Page 1 ECEIVED JUN 2 9 2016 -TON e TRACT 999 Parcel name: TRACT 999 North: 159818.7303 East : 1298963.9388 Line course : N 89-54-28 w Length: 66.01 North: 159818.8365 East : 1298897.9288 Line course: s 00-03'-05 E Length: 133. 77 North: 159685.0666 East : 1298898.0488 Line Course: N 85-53-50 E Length: 9 .55 North: 159685 .7498 East : 1298907.5744 curve Lenqth: 34.14 Radius: 90. 50 De ta: 21-36 -41 Tangent: 17 .27 Chord: 33.93 Course: S 74 -46-18 E course In: s 04-25-22 w course out: N 26-02-03 E RP North: 159595.5193 East 1298900.5954 End North: 159676 .8365 East 1298940.3165 Line course: s 55-44-56 E Length: 23.75 North: 159663.4695 East 1298959.9477 Line course: N 89-59-59 E Length: 3.85 North: 159663.4695 East 1298963.7977 Line course: N 00-03-05 E Length: 155.26 North: 159818.7295 East 1298963.9370 Perimeter: 426.32 Area: 9,270.80 sq . ft. 0.21 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error closure: 0.0019 Course: s 65 -45 -48 W Error North : -0.00079 East : -0.00176 Precision 1: 224,384.21 Page 1 RECEI 'ED JUN 2 9 2016 NTON PLA e e 97 th AVE SO Parcel name: 97th AVE. so. North: 159931. 5787 East : 1299033. 3374 Line Course: S 88-27-05 E Length: 131.86 North: 159928.0152 East 1299165 .1493 Line Course: s 01-32-55 W Length: 10.00 North: 159918.0188 East : 1299164.8790 Line course: S 88-27-05 E Length: 24.65 North: 159917.3527 East 1299189 .5200 curve Lenqth: 39.95 Radius: 25 .00 De ta: 91-32-55 Tangent: 25.69 Chord: 35.83 course: s 45-46-27 w course In: s 01-32-55 W Course out: N 90-00-00 W RP North: 159892.3618 East : 1299188.8444 End North: 159892.3618 East : 1299163.8444 Line Course: s 00-00-00 w Length: 230.70 North: 159661.6618 East : 1299163.8444 Curve Len~rh: 233.55 Radius: 51. 50 De ta: 259-50-13 Tangent: 61. 55 Chord: 78.99 course: N 50-04-53 W course In: N 90-00-00 W Course Out: N 10-09-47 W RP North: 159661.6618 East : 1299112.3444 End North: 159712.3537 East : 1299103.2572 curve Len!rh: 34.84 Radius: 25.00 De ta: 79-50-39 Tangent: 20.92 chord: 32.08 course: N 39-54-54 E course In: N 10-09-47 W course out: N 89-59-34 E RP North: 159736.9615 East : 1299098.8459 End North: 159736.9646 East : 1299123.8459 Line course : N 00-00-00 E Length: 157.83 North: 159894.7946 East . 1299123.8459 curve Lenqth: 38.59 Radius: 25.00 De ta: 88-27-02 Tangent: 24.33 Chord: 34.87 course: N 44-13-31 W Course In: N 90-00-00 W course out: N 01-32-58 E RP North: 159894.7946 East 1299098.8459 End North: 159919.7855 East 1299099.5219 Line course: N 88-27-02 W Length: 66.22 North: 159921.5761 East 1299033.3261 Line course: N 00-05-32 E Length: 10.00 North: 159931. 5760 East 1299033.3422 Perimeter: 978.19 Area: 18,815.14 sq. ft. 0.43 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error closure: 0.0055 course: s 61-04-12 E Error North: -0.00267 East : 0.00482 Precision 1: 177,852.73 Page 1 RECE VIED JUN 2 9 2016 20' ACCESS AND UTIL ESMT LOTS 14 15 Parcel name: 20' EASEMENT North: 159733 .4750 Line course: s 00-00-00 w North: 159713.4750 Line Course: s 90 -00-00 E North: 159713.4750 Line course: s 43-08-49 E North: 159699.5615 Curve Length: 20.58 Delta: 22 -53-53 chord: 20.45 Course In: s 42 -37-06 E RP North: 159661.6636 End North: 159710 .1432 Line course: N 43-08 -49 w North: 159733.4759 Line course: N 90 -00 -00 w North: 159733.4759 East : 1298963.8444 Length: 20.00 East : 1298963.8444 Length: 100 .60 East : 1299064.4444 Length: 19.07 East : Radius: Tangent: course: course out: East East : Length: 31.98 1299077 .4858 51. so 10.43 N 58-49-51 E N 19 -43 -13 W 1299112.3570 1299094.9795 East : 1299073.1092 Length: 109.26 East : 1298963.8492 Perimeter: 301 .49 Area: 2,595 sq. ft. 0.06 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0050 course: N 79 -30-05 E Error North: 0.00091 East : 0.00489 Precision 1: 60,298.00 Page 1 RECE JUN 2 9 ~ CITY OF RE PlA N NG D!VI 20' ACCESS AND UTIL ESMT LOT 8 Pa r cel name: 20'ESMT SE North : 159576 .8936 East : 1299163.7105 Li ne course: N 90-00-00 w Length: 20.00 North: 159576.8936 East 1299143.710S Line course : N 00-05-32 E Length: 36 .91 North: 159613.8036 East 1299143.7699 Line course : N 50-33 -30 w Length: 6.06 North: 159617.6535 East : 1299139.0900 curve Len~th: 20.09 Radius: 51. so De ta: 22 -20-51 Tangent: 10.17 chord : 19 .96 Course: N 47-32-56 E course In: N 31 -16-39 w course out: S 53-37-30 E RP North: 159661.6686 East 1299112.3520 End North: 159631.1256 East 1299153.8174 Line course: s 53-26-16 E Length : 11.49 North: 159624.2811 East 1299163.0463 Line course: s 90-00-00 E Length: 0.75 North: 159624.2811 East 1299163.7963 Line Course: S 00-06-22 W Length: 47 .38 North : 159576.9012 East 1299163.7085 Perimeter: 142.68 Area: 1,008 sq. ft. 0.02 acres Mapcheck closure -(uses listed courses, radii, and deltas) Error Closure: 0.0078 Course: N 14 -57 -13 w Error North: 0.00751 East : -0.00201 Precision 1 : 18,292.31 Page 1 RECEIVED JUN 2 9 2016 I . ·-----... __ J .. When Recorded, Return to : Talbot Road, LLC 12505 Bel Red Road , Suite 100 Bellevue, WA 98005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TALBOT AND 55TH HOMEOWNERS ASSOCIATION Grantor: Grantee: Talbot Road , LLC , a Washington LLC . The Plat of Talbot and 55th; The Talbot and 55th Homeowners Association ; The Public Legal Description: Lots 1-17 and Tracts 997, 998 and 999 of Talbot and 55th Avenue Plat, Recording No.------- Assessor's Tax Parcel ID#: Reference Nos. of Documents Released or Assigned: None Page 1 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions RECEIVED JUN 2 9 2016 ARTICLE Article I 1.1. 1.2. 1.3. Article II Article Ill 3.1. 3.2. 3.3. 3.4. Article IV 4 .1. 4 .2 . 4 .3 . 4 .4 . 4 .5 . 4 .6 . 4 .7 . Article V 5.1. 5.2. 5.3. 5.4 . Article VI TABLE OF CONTENTS SECTION Creation of the Community ......................................................................................... 5 Purpose and Intent. ............................................................................................................... 5 Binding Effect ........................................................................................................................ 5 Governing Documents ........................................................................................................... 5 Concepts and Definitions ............................................................................................ 6 Use and Conduct ........................................................................................................ 10 Framework for Regulation ................................................................................................... 10 Authority to Enact Use Restrictions ..................................................................................... 10 Owners' Acknowledgment and Notice to Purchasers ......................................................... 11 Protection of Owners and Others ........................................................................................ 11 Architecture and Landscaping ................................................................................. 12 General ................................................................................................................................ 12 Design Review ..................................................................................................................... 13 Guidelines and Procedures ................................................................................................. 14 No Waiver of Future Approvals ........................................................................................... 15 Variances ............................................................................................................................. 16 Limitation of Liability ............................................................................................................ 16 Certificate of Approval ......................................................................................................... 16 Maintenance and Repair ............................................................................................ 16 Maintenance of Areas of Common Responsibility .............................................................. 16 Maintenance of Units ........................................................................................................... 16 Responsibility for Repair and Replacement ........................................................................ 17 Remedies for Failure to Maintain ........................................................................................ 17 The Association and Its Members ............................................................................ 18 6.1. Function of Association ....................................................................................................... 18 6.2. Membership ......................................................................................................................... 18 6.3. Voting .................................................................................................................................. 18 6.4 . Notice .................................................................................................................................. 18 Article VII Association Powers and Responslblllties ............................................................... 19 7.1. 7 .2 . 7 .3. 7.4. 7 .5. 7 .6 . 7 .7 . 7 .8 . 7 .9 . 7.10. 7 .11 . 7 .12. 7 .13. Page 2 of 59 Acceptance and Control of Association Property ................................................................ 19 Maintenance of Areas of Common Responsibility .............................................................. 19 Compliance and Enforcement ............................................................................................. 20 lnsurancance ....................................................................................................................... 22 Implied Rights; Board Authority ........................................................................................... 24 Indemnification of Officers, Directors , and Others .............................................................. 24 Security ................................................................................................................................ 25 Effect of Dissolution of Association ..................................................................................... 25 Provision of Services ........................................................................................................... 25 Relations with Other Properties ........................................................................................... 26 Facilities and Services Open to the Public .......................................................................... 26 Permit Matters ..................................................................................................................... 26 Relationship with Tax-Exempt Organizations ..................................................................... 26 Talbot and 55th Homeowners Association Dec larations of Covenants, Conditions and Restrictions Article VIII 8.1. 8.2 . 8.3. 8.4 . 8.5. 8.6. 8.7. 8.8 8.9. 8.10. 8.11 Article IX 9.1. 9.2. 9.3. 9.4. Article X 10.1 . 10.2 . 10.3. 10.4. 10.5. 10.6. 10.7 . 10.8. 10 .9 . 10.10 . Article XI Association Finances ................................................................................................ 27 Budgeting and Allocating Common Expenses .................................................................... 27 Budgeting for Reserves ....................................................................................................... 27 Special Assessments .......................................................................................................... 27 Specific Assessments ......................................................................................................... 28 Authority To Assess Owners ; Time of Payment.. ................................................................ 28 Obligation for Assessments ................................................................................................. 28 Lien for Assessments .......................................................................................................... 29 Suspension of Voting Rights ............................................................................................... 30 Exempt Property .................................................................................................................. 30 Reimbursement of Oeclarant -Capitalization of Association .............................................. 30 Reimbursements from Local Jurisdictions-Assignment to Declarant.. ............................... 30 Expansion of the Community ................................................................................... 31 Expansion by Declarant ...................................................................................................... 31 Expansion by the Association ............................................................................................. 31 Additional Covenants and Easements ................................................................................ 31 Effect of Recording Supplemental Declaration ................................................................... 31 Additional Rights Reserved to Declarant ................................................................ 31 Withdrawal of Property ........................................................................................................ 31 Governmental Interests ....................................................................................................... 32 Marketing and Sales Activities ............................................................................................ 32 Right To Oevelop ................................................................................................................. 32 Right To Approve Additional Covenants ............................................................................. 32 Right To Approve Changes in the Standards Within the Community ................................. 32 Right To Transfer or Assign Declarant Rights ..................................................................... 32 Easement To Inspect and Right To Correct... ..................................................................... 32 Right to Notice of Design or Construction Claims ............................................................... 33 Termination of Rights .......................................................................................................... 33 Easements .................................................................................................................. 33 11 .1. Easements in Common Area .............................................................................................. 33 11 .2 . Easements of Encroachment .............................................................................................. 34 11 .3. Easements for Utilities, Etc ................................................................................................. 34 11.4. Easements To Serve Additional Property ........................................................................... 35 11 .5. Easements for Maintenance, Emergency, and Enforcement.. ............................................ 35 11.6. Technology Utility Easements ............................................................................................. 35 Article XII Exclusive Common Area ........................................................................................... 36 12 .1 Purpose ......................................................................................................... 36 12.2 Designation .................................................................................................... 36 12 .3 Use by Others ................................................................................................. 36 Article XIII Party Walls and Other Shared Structures ............................................................... 36 13.1. 13.2 . 13.3. 13.4 Page 3 of 59 General Rules of Law to Apply ............................................................................................ 36 Maintenance; Damage and Destruction .............................................................................. 37 Right to Contribution Runs With Land ................................................................................. 37 Disputes ............................................................................................................................... 37 Talbot and 55th Homeowners Associ ation Declarations of Covenants, Conditions and Restricti ons Article XIV Dispute Resolution and Limitation on Litigation ................................................... 37 14.1 . 14.2 . 14.3 . 14.4 . 14.5. 14.6 . 14.7 . 14.8 . Dispute Resolution Methods ............................................................................................... 37 Claims and Exempt Claims ................................................................................................. 37 Bound Part ies ...................................................................................................................... 38 Arbitration Agreements ........................................................................................................ 38 Consensus for Association Lit igation ................................................................................. .40 Mandatory Procedures for Litigation of Claims .................................................................. .40 Allocation of Costs of Resolving Claims .............................................................................. 41 Enforcement of Resolution -Attorney's Fees and Costs ................................................... .41 Article XV Mortgagee Provislons ................................................................................................ 41 15.1. Notices of Action .................................................................................................................. 41 15.2 . Special FHLMC Provision ................................................................................................... 42 15.3 . Other Provisions for First Lien Holders ............................................................................... 42 15.4 . Amendments to Documents ................................................................................................ 43 15.5 . No Priority ............................................................................................................................ 43 15.6 . Notice to Association ........................................................................................................... 44 15.7 . Failure of Mortgagee To Respond ....................................................................................... 44 15.8 . Construction of Article XV ................................................................................................... 44 15.9. Amendment by Board .......................................................................................................... 44 Article XVI Changes in Ownership of Units ............................................................................... 44 Article XVII Changes in Common Area ...................................................................................... 44 17.1 . Condemnation ..................................................................................................................... 44 17.2 . Partition ............................................................................................................................... 45 17.3 . Transfer or Dedication of Common Area ............................................................................ 45 Article XVIII Amendment of Declaration .................................................................................... 45 18.1. ByDeclarant ........................................................................................................................ 45 18.2 . By Members ........................................................................................................................ 45 18.3 . Validity and Effective Date .................................................................................................. 45 18.4. Exhibits ................................................................................................................................ 46 EXHIBITS A Land Initially Submitted to Declaration B Initial Use Restrictions C Rules of Arbitration Pag e 4 of 59 Talbot and 55th Homeowners Association Decla rati ons of Cove nan ts , Conditions and Restrictions DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TALBOT AND 55TH HOMEOWNERS ASSOCIATION THIS DECLARATION OF COVENANTS , CONDITIONS, AND RESTRICTIONS for Talbot and 55th Homeowners Association is made this __ day of , 2016 , by Talbot Road , LLC a Washington LLC . ("Declarant"). Article I Creation of the Community 1.1. Purpose and Intent. Declarant, as an owner of the real property described in Exhibit "A ," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate , and provides for the overall development, administration, maintenance , and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate , and maintain various common areas and community improvements, and to administer and enforce th is Declaration and the other Governing Documents referred to in this Declaration . 1.2. Binding Effect. All property described in Exhibit "A ," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations , or Amendments to the Declaration , shall be owned , conveyed , and used subject to all of the provisions of this Declaration , which shall run with the t itle to such property. This Decla ration shall be binding upon all Persons having any right , title , or interest in any portion of the Properties, their heirs, successors, successors-in -title , and assigns . This Declaration shall be enforceable by the Declarant, the Association, any Owner, and their respective legal representa tives , heirs , successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law , the Declaration shall be enforceable as provided above for a period of 20 years . After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part , or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. If any provision of this Declaration is determined by judgment or court order to be invalid , or invalid as applied in a particular instance, such determination shall not affect the validity of the other provisions or applications . 1 .3. Governing Documents . The Governing Documents create a general plan of development for the Properties which may be supplemented by additional covenants , restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions , or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provis ions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of Page 5 of 59 Talbot and 55th Homeowners Association Declarations of Covenants , Conditions and Restrictions their Units , as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents. Article II Concepts and Definitions The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below . 2.1. "Areas of Common Responsibil ity": The Common Area , together with such other areas t he Association has or assumes responsibility pursuant to the terms of this Declarat ion , any Supplemental Declaration, or the Plat, other applicable covenants , contracts , or ag reements. 2.2. "Articles of Incorporation" or "Art icles": The Articles of Incorporation of the Homeowners Association , as filed with the Washington Secretary of State to establish the Association as a non -profit corporation under Washington State law. 2.3. "Association ": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners , and its successors or assigns. The name of the Association is "Talbot and 55th Homeowners Association .• 2.4. "Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. "Board of Directors" or "Board": The body responsible for administration of the Association , selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers , or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business . 2.7. "Bylaws": The Bylaws of the Association, as they may be amended , which govern the Association 's internal affairs, such as voting rights , elections, meetings, selection of officers , etc. 2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board . The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following : (a) when 100% of the total number of Units for the property described in Exh ibit "A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1 have been conveyed to Clas s "A " Members other than Builders; (b) a date 10 years from the date this Declaration is Recorded ; or (c) when , in their discretion, the Class "B" Members so determine. 2.9. "Common Area": All real and personal property, including easements, wh ich the Association owns , leases , or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, Including , without limitation , entrance tracts , perimeter buffers , restrictive areas , parks , surface water retention/detention tracts, landscape tracts , private roads , the Native Growth Page 6 of 59 Talbot and 55th Homeown ers Asso ciation Declarations of Covenants , Cond ition s and Restri ctions Protection Tract, the Open Space Tract and other tracts or parcels conveyed to the Association by Declarant. The term shall include the Exclusive Common Area and the Community Area , as defined below. 2.10. "Common Expenses": The actual and estimated expenses incurred , or anticipated to be incurred, by the Association for the general benefit of all Owners , including any reasonable reserve , as the Board may find necessary and appropriate pursuant to the Governing Documents. 2.11 . "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons . The Community Area may include , if designated by the Declarant on the face of the Plat, or in a Recorded document conveying such Community Area to the Association or action taken by the Association : (a) the main entry and identification features , including all signage , landscaping , and other improvements which are a part thereof; (b) private roads , sidewalks and community-wide location and directional signage if not owned and the maintenance assumed by the Local Ju risdiction; (c) recreational amenities and private storm drainage systems depicted on the Plat ; (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage; (e) wetlands , sensitive areas , open space, conservation areas , buffers, drainage areas, natural habitat preserves , and similar areas designated by Declarant, and all appurtenant monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction ; (f) the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights-of-way (to the extent permitted by the applicable governmental agency); (g) if required on the face of the Plat , or if the Association assumes responsibility by Board or Member vote, the community parks and any other parks designed as a Community Area by Declarant, to the extent permitted by the Local Jurisdiction ; otherwise , such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2; (h) landscaping located in any public parks, drainage areas, public facilities or improvements , or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction ; (i) landscaping located at the Units, if and to the extent that the Association's Board determines that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance; 0) any other real or personal property, service , or facility which now, or by amendment of this Declaration , designated to be a part of the Community Areas by the Declarant. Page 7 of 59 Talbot and 55th Homeowners Asso ciation Declarations of Covenants , Conditions and Restrictions 2.12. "Community-Wide Standard": The standard of conduct, maintenance , or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community -Wide Standard may evolve as development progresses and as the needs and demands of the Properties change . 2.13. "Declarant": The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and /or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or ass igned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over wh ich a single Declarant desires to exercise sole authority, except for amendment of the Declaration , which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing . A single Declarant may conditionally or permanently assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument. 2.14 "Declaration": This Declaration of Covenants , Conditions , and Restrictions , which creates obligations that are binding upon the Association and all present and future owners . 2.15 "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all , Units, as more particularly described in Article XII. 2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Bylaws , the Articles , the Residential Design Guidelines, the Use Restrictions , and the Rules and Regulations, as each may be amended . 2.17 "Local Jurisdiction ": Any governmental authority having jurisdiction over the Properties , for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington , a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration . 2.17. "Member": A Person subject to membership in the Association pursuant to Section 6 .2. 2.18. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a benefic iary or holder of a Mortgage. 2.19. "Owner": One or more Persons who hold the record title to any Unit , but excluding in all cases any party holding an interest merely as security for the performance of an obligation . If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides , the purchaser (rather than the fee owner) will be considered the Owner. 2.20 . "Permits ": Collectively, the permits , land use restrict ions and conditions of Plat approval as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to t ime. Page 8 of 59 Talbot and 55th Homeowne rs Association Declarat ions of Covenants , Conditions and Restrictions 2 .21 . "Person": A natural person , a corporation , a partnership , a trustee , or other legal entity . 2 .22 "PIC ": The Property Improvement Committee, as described in Article IV, Section 4 .2. 2.23 "Plat": The plat of the real property described in Exhibit "A ," together with all requirements described or referenced therein . "Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A " but not included within the description of property contained in Exhibit "A ," which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX. 2 .24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or noncontiguous , as is subjected to this Declaration in accordance with Article IX. 2.25 . "Record," "Recording," or "Recorded": To file, the filing , or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded . 2 .26. "Residential Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended , which establish architectural standards and guidelines for improvements and modifications to Units . 2 .27. "Rules and Regulations": Board-adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility . The Rules and Regulations may be changed by the Assoc iation in the manner described by the Bylaws and RCW 64.38.020 . 2 .28 "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 2.29 "Street Trees" shall mean the trees that are required to be planted , located and maintained on the property pursuant to notes on the face of the Plat , or described by this Declaration . 2.30. "Special Assessment": An assessment levied in accordance with Section 8.3. 2 .31 . "Specific Assessment": An assessment levied in accordance with Section 8 .4 . 2.32 . "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference , add itional restrictions and obligations on the land described in such instrument. 2 .33. "Unit": A portion of the Properties, whether improved or unimproved , which may be independently owned and is intended for development, use , and occupancy as an attached or detached residence for a single family . The term shall refer to the land , if any, which is part of the Unit as well as any improvements thereon . In the case of a building within a condominium or other structure containing multiple dwellings , each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat , a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent. Page 9 of 59 Talbot and 55th Homeowners Association Declarations of Covenants , Conditions and Restrictions 2.34 . "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article Ill , which govern use of property, activities, and conduct within the Properties . Article Ill Use and Conduct 3.1. Framework for Regulation . The Governing Documents establish, as part of the general plan of development for the Properties, a framework of affirmative and negative covenants , easements and restrictions which govern the Properties . Within that framework , the Board and the Members must have the ability to respond to unforeseen problems and changes in circumstances , conditions, needs, desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents . Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth in Exhibit "B ." 3.2. Authority to Enact Use Restrictions . (a) Subject to the terms of the Permits , this Article , and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit, create exceptions to , or expand the Use Restrictions . The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken . Such action shall become effective, after compliance with the distribution requirements below , unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Members, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings in the Bylaws . Upon receipt of such petit ion prior to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting . Alternatively, Members representing more than 50% of the total Class "A" votes in the Association at an Association meeting duly called for such purpose , may vote to adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect. Such action shall require approval of the Class "B" Members, if any. Prior to any action taken under this Section 3.2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner. The effective date shall be at least 30 days following distribution to Owners. The Association shall provide, without cost , a copy of the Use Restrictions then in effect to any requesting Member or Mortgagee. Nothing in this Article shall authorize the Board or the Members to modify, repeal , or expand the Residential Design Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential Design Guidelines and the Use Restrictions , the Residential Design Guidelines shall control. (b) The procedures required under this Section 3.2 shall not apply to the enactment and enforcement of Rules and Regulations (e.g ., administrative issues, regulations governing the use of the Common Area , etc.) unless the Board chooses in its discretion to submit to such procedures. Page 10 of 59 Talbot and 55th Homeowners Assoc iation Declarations of Covenants , Conditions and Restrictions Examples of such administrative Rules and Regulations shall include, but not be limited to: hours of operation of a recreational facility , use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times. The Board shall exercise business judgment in the enactment, amendment, and enforcement of such administrative Rules and Regulations . 3.3. Owners' Acknowledgment and Notice to Purchasers. All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended , expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions may be obtained from the Association . 3.4 . Protection of Owners and Others . Except as may be contained in this Declaration either initially or by amendment or in the initial Use Restrictions set forth in Exhibit "B ," all Use Restrictions shall comply with the following provisions: (a) Similar Treatment. Similarly situated Owners shall be treated similarly. (b) Displays . The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with the Local Jurisdiction's Ordinances and the Association may adopt time, place , and manner restrictions with respect to any displays (including those outside of a dwelling) visible from outside the dwelling . No Use Restrictions shall regulate the content of political signs ; however, rules may regulate the time , place, and manner of posting such signs (including design criteria) and the Local Jurisdiction 's Ordinances shall apply. (c) Household Composition . No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit , to limit rental of Units (as applicable by the law), and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, its fair use of the Common Area , and on the basis of compliance with applicable the Local Jurisdiction's Ordinances. Use Restrictions may be adopted by the Association to limit or prohibit the occupancy of Units by persons who have been convicted of a crime for which continued supervision after conviction is imposed upon the proposed occupant. (d) Activities Within Dwellings . No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, it may restrict rental of Units (as applicable by the law), and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners , that create a danger to the health or safety of occupants of other Units , that generate excessive noise or traffic , that create unsightly conditions visible outside the dwelling, that create an unreasonable source of annoyance, or that involve illegal conduct. (e) Household Occupations. No Use Restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of Page 11 of 59 Talbot and 55th Homeowners Association Declarations of Covenants , Conditions and Restrictions other residents of the Properties, as may be determined in the Board's sole discretion ; (iii) any goods , materials or supplies used in connection with any trade, service or business , wherever the same may be conducted , be kept or stored inside any building on any Unit and that they not be visible from the exterior of the home and (iv) it is as otherwise allowed by the Permits and applicable law. Nothing in this Section shall permit (1) the use of a Unit for a purpose which violates law, regulations, rules or applicable zoning codes , or (2) activities that cause a significant increase in neighborhood traffic , or (3) modification of the exterior of the Unit. The Board may, from time to time , promulgate rules restricting the activities located on the Properties pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38 . (f) Allocation of Burdens and Benefits . No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association . Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Article VIII. (g) Alienation. The Association may not impose any fee on the transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer. The Association may regulate the leasing or rental of Units (as applicable by the law). (h) Abridging Existing Rights . No Use Restriction shall require an Owner to dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and which was in compliance with all Use Restrictions previously in force . This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit. (i) Reasonable Rights To Develop. No Use Restriction , Rule or Regulation , or action by the Association or Board shall unreasonably impede Declarant's right to develop the Properties or other portions of the community. The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3 .2; they shall not apply to amendments to this Declaration adopted in accordance with Article XVII I. Article IV Architecture and Landscaping 4 .1. General. No structure or thing shall be placed, erected , or installed upon any Unit within the Properties and no improvements or other work (including staking , clearing , excavation , grading and other site work , exterior alterations of existing improvements , or planting o r removal of landscaping) shall take place within the Properties, except in compliance with this Article, the Residential Design Guidelines adopted pursuant to this Declaration . Approval of the PIC shall not be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or her Unit without approval , provided that the work performed complies with all laws applicable to the Local Jurisdiction . However, modifications to the interior of screened porches, patios, and similar portions of a Unit visible Page 12 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions from outside the structure and modificat ions to enclose garages as living space shall be subject to approva l. All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or licensed build ing des igner unless otherwise approved by Declarant or Declarant 's des ignee, in its sole discretion. This Article shall not apply to Declarant's activit ies, nor to the Association 's activities during the Class "B" Control Period. 4 .2 . Design Review. (a) By Declarants. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Properties enhance Declarant's reputation as a commun ity developer and do not impair Declarant's ability to market, sell , or lease their property. Therefore , each Owner agrees that no activity within the scope of this Article ('Work") shall be commenced on such Owner's Unit unless and until Declarant or Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld in Declarant's or Declarant's designee's sole d iscretion . In reviewing and acting upon any request for approval, Declarant or its designee shall be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant 's rights reserved under this Article shall continue so long as Declarant owns any portion of the Properties or any real property described in Exh ib it A , unless earlier term inated in a written instrument executed and Recorded by Declarant. Declarant may, in its sole d iscretion , designate one or more Persons from time to t ime to act on Declarant's behalf in reviewi ng applications hereunder. Declarant may from time to time, but shall not be obligated to , delegate all or a portion of the Declarant's reserved rights under this Article to (i) a Property Improvement Committee appointed by the Association 's Board of Directors (the "PIC "), or (ii) a committee comprised of architects , engineers , or other persons who may or may not be Members of the Association . Any such delegation shall be in writing, specifying the scope of responsibilities delegated , and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in Declarant's sole discretion , to be inappropriate or inadvisable for any reason . So long as Declarant has any rights under this Article , the jurisdiction of the forego ing entities shall be limited to matters specifically delegated by Declarant. (b ) Property Improvement Committee . Upon delegation by Declarant or upon expiration or termination of Declarant's rights under this Article , the Assoc iat ion , acting through the PIC , shall assume jurisdiction over design , property modification and architectural matters in the Property. The PIC , when appoi nte d, shall consist of at least three , but not more than seven, persons who shall serve and may be removed and replaced in the Board 's dis cretion . The members of the PIC need not be Members of the Association , the Board , or representatives of Members, and may , but need not, include architects, eng ineers , or similar professionals, whose compensation , if any, shall be established from time to time by the Board . If the PIC is not formed , or is determined to lack authority to exercise the powers ass igned to it for any reason, the Board shall act as the PIC and may delegate any portion of the PIC 's duties to any person , subject to final approval or ratification by the Board . The PIC may be broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee .) Any reference herein to the PIC should be deemed to include a reference to any such subcommittee. Page 13 of 59 Talbot and 55th Homeown ers Associ ation Dec larations of Covenants , Conditions and Restrictions Unless and until such time as Declarant delegates all or a portion of its reserved rights to the PIC or Declarant's rights under this Article terminate , the Association shall have no jurisdiction over architectural matters. For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." (c) Reviewer Fees: Assistance . The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application . Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers , or other professionals . Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review . The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4 .3. Guidelines and Procedures . (a) Residential Design Guidelines . Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from area to area within the community. The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential Design Guidelines does not guarantee approval of any application. Absence of adopted Residential Design Guidelines shall not limit the PIC's ability to exercise its powers ; however, when disapproving an application for permission to perform Work, the PIC shall describe the basis for its decision if it is unable to refer to adopted Residential Design Guidelines as the reason for its election to disapprove an application . Declarant shall have sole and full authority to amend the Residential Design Guidelines in a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9 .1 , notwithstanding a delegation of reviewing authority to the PIC , unless Declarant also delegates the power to amend to the PIC . Upon termination or delegation of Declarant's right to amend , the PIC shall have the authority to amend the Residential Design Guidelines in a manner consistent with the Permits , with the consent of the Board . Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced . Except for conditions of the Permits , there shall be no limitation on the scope of amendments to the Residential Design Guidelines , and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive . The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In Declarant's discretion , such Residential Design Guidelines may be Recorded , in which event the Recorded version , as it may unilaterally be amended from time to time , shall control in the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time. (b) Procedures. No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications ("Plans") showing site layout, structural design , exterior elevations , exterior materials and colors, landscaping , drainage, exterior lighting , irrigation , and other features of proposed construction , as applicable. The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. Page 14 of 59 Talbot and 55th Homeowners Association Declarations of Covenants , Conditions and Restrictions e In reviewing each submission , the Reviewer may consider any factors it deems relevant , including , without limitation , harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations . Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attract iveness of particular improvements. The Reviewer shall respond in writing to the applicant at the address specified in the application . The response may (i) approve the application , with or without conditions; (ii) approve a portion of the application and disapprove other portions ; or (iii) disapprove the application . The Reviewer may, but shall not be obligated to , specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the Reviewer fails to respond in a timely manner (as provided in the Residential Design Guidelines), approval shall be deemed to have been given , subject to Declarant's right to veto approval by the PIC pursuant to this Section. However, no approval , whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4 .5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service . Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. The Board may also adopt other methods for providing notice, by promulgation of Rules describing such notice procedures. Until expiration of Declarant's rights under this Article, the PIC shall notify Declarant in writing within three business days after the PIC has approved any application relating to proposed Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require . Declarant shall have 10 days after receipt of such notice to veto any such action , in its sole discretion , by notice to the PIC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work . Once construction is commenced , it shall be diligently pursued to completion . All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing , which it shall not be obligated to do. If approved Work is not completed within the required time , it shall be considered nonconforming and shall be subject to enforcement action by the Association , Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article , provided such activities are undertaken in strict compliance with the requirements of such resolution . 4.4. No Waiver of Future Approvals . Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters , as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition , each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed , in which case it may be unreasonable to require changes to the improvements involved , but the Reviewer may refuse to approve similar proposals in the future . Approval of applications or Plans for any Work done or proposed, or in connection with any other matter Page 15 of 59 Talbot and 55th Homeowners As sociation De clarations of Covenants , Cond itions and Restrictions requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4 .5. Variances . The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship , or aesthetic or environmental considerations require, but only in accordance with the laws of the Local Jurisdiction. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing ; (b) be contrary to this Declaration ; or (c) estop the Reviewer from denying a variance in other circumstances . For purposes of this Section , the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 4 .6 . Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design. Declarant, the Association , the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board , the PIC, and any members thereof shall be defended and indemnified by the Association as provided in Section 7 .6 . 4.7. Certificate of Approval. Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. Article V Maintenance and Repair 5 .1. Maintenance of Areas of Common Responsibility. The Association shall maintain the Areas of Common Responsibility as described in Section 7 .2 . 5 .2 . Maintenance of Units. Each Owner shall maintain his or her Unit, and all landscaping and improvements comprising the Unit, and all landscaping improvements comprising the Unit, in a manner consistent with the Governing Documents, the Community-Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. If not installed fully by the Builder, an owner of a Unit shall install all landscaping , surrounding all sides of the residential dwelling contained on the Unit, within six months after the initial transfer of a completed residential dwelling to an Owner other than a Builder. Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, curb, or water's edge located on the Common Area or public right-of-way adjacent to the Unit boundary, unless such area is made a part of the Areas of Common Responsibility maintained by the Association ; provided , there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. Each Owner shall perform at the Owner's expense the maintenance and upkeep of fencing , Street Trees Page 16 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions (if located on a Unit), drainage swales and/or underground drain lines and catch basins installed on their Unit, unless such components of the Units are made a part of the Areas of Common Responsibility maintained by the Association. 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level cons istent with the Community-Wide Standard . Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit , less a reasonable deductible. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive condition consistent with the Community -Wide Standard . The Owner shall pay any costs which are not covered by insurance proceeds. 5.4 Remedies for Failure to Maintain . If any Unit Owner shall fail to conduct maintenance on the Owner's Unit as required by this Article to maintain the Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner in writing of the maintenance required . If the maintenance is not perfomied within thirty (30) days of the date notice is delivered , the Association shall have the right to enter upon the Unit and provide such maintenance, and to levy an assessment against the non -perfom,ing Owner and Unit for the cost of providing the maintenance. The assessment shall constitute a lien against the Unit owned by the non -perfom,ing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant property damage to others , the Association may immediately perfom, such repairs as may be necessary after the Association has attempted to give notice to the non-perfom,ing Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs . Emergency repairs perfom,ed by the Association , if not paid for by the non-performing Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the non-performing Owner the thirty (30) day notice. 5 .5 Sanctions for Failure to Maintain Storm System . In the event Talbot and 55th (or successors or the Property Owners Association), in the judgment of the City of Renton, fails to maintain drainage facilities within the plat , or if the Proponent or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Proponent or successors agree to the following remedy: After 30 days notice by registered mail to the Proponent or successors , the City of Renton will assess financial sanctions (P .C .C . 17A.10.130) and/or initiate enforcement proceedings. In the event the City of Renton determines the lack of maintenance has resulted in a situation of imminent danger to life , limb or property, the City of Renton will correct the problem as necessary to restore the full design capacity of the drainage system. In this event, the City of Page 17 of 59 Talbot and 55th Homeowners Associati on Declarati ons of Co venants, Conditions and Restrictions Renton will bill the owners of the facility for all costs associated with such work to include engineering, administration, legal fees , construction , equipment and personnel. Costs or fees incurred by the City of Renton, including attorney's fees and expert's fees should legal action be required to collect such payments, shall be borne by the Proponent or successors . Article VI The Association and its Members 6 .1. Function of Association . The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility . The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law. 6.2. Membership. Every Owner shall be a Member of the Association . There shall be only one membership per Unit. If a Unit is owned by more than one Person , all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6 .3(c) and in the Bylaws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association . 6 .3. Voting . The Association shall have two classes of membership , Class "A" and Class "8." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6 .2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class "8". The Class "8" Member shall be the Declarant, or if Declarant's rights are assigned, Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period , as specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership , Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth in the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co - Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. 6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail , as follows, unless the Board adopts a rule allowing electronic service of notices: (a) if to the Association , to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section , or to the registered agent of the Association , as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof); Page 18 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions (b) if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association , or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof). All such notices shall , for all purposes , be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail , postage prepaid , and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically , without using surface mail , or by private parcel delivery service companies . Article VII Association Powers and Responsibilities 7.1. Acceptance and Control of Association Property. The Association, through action of its Board , may acquire, hold , and dispose of tangible and intangible personal property and real property. Declarant and Declarant's designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon a Declarant's written request , the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Oeclarant to the Association for no consideration , to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines. 7 .2 . Maintenance of Areas of Common Responsibility . The Association shall maintain , commencing with the recordation of the Plat or this Declaration , whichever occurs first, and in accordance with the Community-Wide Standard and the Permits , the Areas of Common Responsibility, which shall include to the extent such features are present as described on the recorded Plat Map , or Hearing Examiner's notes , or specifically determined in this Section , and are not maintained by the Local Jurisdiction. Examples of the items the Association must maintain may include, but need not be limited to: (a) the Common Area and the Community Area , which includes the entry features , landscaping , roads , sidewalks and private parks within the Properties, alleys serving all or any of the Units, private trails, recreational amenities and the community center, park ing restrictions an signage, open spaces , wetlands, natural preserve areas and conservation areas , sensitive areas, and buffers except, to the extent that such improvements are dedicated to the Local Jurisdiction and such dedication is accepted , then upon acceptance such improvements shall cease to be Common Areas ; (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the Local Jurisdiction or other publ ic entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of-way within or abutting the Properties , public parks and play areas , public trails, drainage areas, and storm water facilit ies ; (c) irrigation facilities , storm water facilities , streets , sidewalks, street lighting , park and pool/ride lots , and transit shelters that are not maintained by the Local Jurisdiction; sacs; Page 19 of 59 (d) planter strips , medians , Street Trees and central planting areas within cul -de- Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the PIC , the U.S. Postal Service and the Local Jurisdiction ); (f) such portions of any additional property included with in the Areas of Common Responsibility as may be dictated by this Declaration , described on the Plat , or described in an Exhibit containing Additional Areas of Common Responsibility is attached to this Declaration , or contained in any contract or agreement for maintenance thereof entered into by the Declarant or the Association , including landscaping and other flora , viewsheds , parks , utility areas or improvements , structures , streets, alleyways, bike/pedestrian pathways and trails , and other improvements; (g) any ponds , streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties , including improvements and equipment installed therein or used in connection therewith ; and (h) any property and facil ities owned by Declarant and made available, on a temporary or permanent basis , for the primary use and enjoyment of the Associat ion and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to t he Association . The Association may maintain other property which it does not own , including, without limitation , Un its and property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard. The Association shall not be liable for any damage or injury occurring on , or arising out of the condition of, property wh ich it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities . The Association shall maintain the drainage facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs , unless Members representing 67% of the Class "A" votes in the Association and the Class "B" Members , if any, agree in writing to discontinue such operation . Except as provided above , the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant's prior written approval as long as Declarant owns any property described in Exhibit A of this Declaration. The costs associated with maintenance, repair, monitoring, and replacement of the Areas of Common Responsibility shall be a Common Expense ; provided , the Association may seek reimbursement from the Owner of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration , other Recorded covenants, or agreements with the Owner thereof. The Association 's responsib ility to maintain the Areas of Common Responsibility shall ex ist whether the control of the Association is held by the Declarant or the members of the Association . Th e Association is authorized to expend funds its collects , whether collected from the Owners or the Declarant, to carry out its duties described in th is Article , whether the contro l of the Association is held by the Declarant or the members of the Association . 7.3. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents . The Board may promulgate rules , and impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with th e procedures set forth in th e Bylaws or rules adopted by the Board. Sanctions for violation may include, without limitation : Page 2 0 of 5 9 Talbot and 55th Homeown ers Association Declaration s of Covenants, Conditi o ns and Rest ri ctions (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit v iolates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board , the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided , nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association ; (e) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; (f) requiring an Owner, at its own e x pense, to remove any structure or improvement on such Owner's Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass ; (g) without liability to any Person , precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activ it ies in the Properties ; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. The Board may (a) exercise self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regu latio ns); and (b) bring suit at law or in equity to enjoin any violation or to recover monetary damages, or both , to ensure compli ance with the Governing Documents w ithout the necessity of compliance w ith the procedures set forth in the Bylaws. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of v iolation and/or perform such maintenance responsibilities in the manner described in Section 5 .4, and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation , attorney's fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough to justify taking such action that the covenant, Use Page 21 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions Restriction , or Rule and Regulation being enforced is , or is likely to be construed as , inconsistent w ith applicable law; or that it is not in the Association's. interest, based upon hardsh ip, expenses , or other reasonable criteria to pursue enforcement action . Such a decision shall not be construed a wa iver of the right of the Association to enforce such provision at a later time under othe r c ircumstances or estop the Association from enforcing any other covenant, Use Restriction , or Rule and Regulat ion . The Association , by contract or other agreement, may enforce applicab le Local Jurisdiction ordinances, if applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of the Association and its Members . Wh ile conducting the Assoc iation's bus iness affairs, the Board shall act w ith in the scope of the Governing Documents and in good faith to further the legitimate interests of the Assoc iation and its Members. In fulfilling its governance responsibilities , the Board's act ions shall be governed and tested by the rule of reasonableness . The Board shall exercise its power in a fa ir and nondiscrim inatory manner and shall adhere to the procedures established in the Governing Documents . 7 .4 . Insurance. (a) Required Coverages. After the conclusion of the Class B Control Period , or sooner if elected by the Declarant, the Association , acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably ava ilab le, or if not reasonably available, the most nearly equivalent coverages as are reasonably ava ilable : (i) Blanket property insurance coveri ng the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership ; (ii) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with limits of (if generally availab le at reasonable cost, including primary and any umbrella coverage) at least $1 ,000 ,000 .00 per occurrence with respect to bodily injury, personal injury, and property damage, or such add itional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage ; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one -sixth of the annual Base Assessments on all Units plus reserves on hand . Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation ; and determines advisable. (vi) Such additional insurance as the Board , in its best business judgment, Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses , unless the Board reasonably determines that other treatment of the premiums is more appropriate. Page 22 of59 Talbot and 55th Homeo wne rs Ass ociation Declarations of Covena nts , Co nd ition s and Restri ction s (b) Policy Requirements . The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons , at least one of whom must be familiar with insurable replacement costs in Western Washington . All Association policies shall provide for a certificate of insurance to be furnished to the Association and , upon request , to each Member insured. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7 .3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws , that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees , or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall : (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association , or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate ; (ii) be written in the name of the Association as trustee for the benefited parties . Policies on the Common Areas shall be for the benefit of the Association and its Members . Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear ; (iii) not be brought into contribution with insurance purchased by Owners , occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co- insurance clause ; (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner ; (viii) include an endorsement precluding cancellation , invalidation , suspension , or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure ; and (ix) include an endorsement precluding cancellation , invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners , unless such Owner is acting within the scope of its authority on behalf of the Association . Page 23 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions In addition , the Board shall use reasonable efforts to secure insurance policies which provide : (i) a waiver of subrogation as to any claims against the Assoc iation 's Board , officers , employees , and its manager, the Owners and their tenants , servants , agents, and guests; cash ; (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation , substantial modification , or non-renewal; and (iv) a cross liability provision . (c) Restoring Damaged Improvements . In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure , the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes . Damaged improvements on the Common Area shall be repaired or reconstructed i n a timely manner unless Members representing at least 75% of the total Class "A" votes in the Association , and the Class "B" Members, if any, decide not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed . If a decision is made not to restore the damaged improvements , and no alternative improvements are authorized , the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard . Any insurance proceeds remaining after paying the costs of repair or reconstruction , or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate , and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction , the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the appl icable insurance coverage under Section 7.3(a). 7.5. Implied Rights: Board Authority . The Association may exercise any right or privilege given to it expressly by the Governing Documents , or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents , or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. The Board may institute , defend , settle, or intervene on behalf of the Association in mediation, binding or non -binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action . However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. In exercising the Page 24 of 59 Talbot and 55th Homeowners Association Dec larations of Cove nants, Conditions and Restriction s e e rights and powers of the Association , making decisions on behalf of the Association , and conducting the Association's affairs , Board members shall be subject to , and their actions shall be judged in accordance with , the standards set forth in the Bylaws. 7.6. Indemnification of Officers. Directors. and Others . To the fullest extent permitted by Washington law, the Association shall indemnify every officer, director, volunteer and committee member of the Association against all damages and expenses, including counsel fees , reasonably incurred in connection with any action , suit , or other proceeding (including settlement of any suit or proceeding , if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers , directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise , except for their own individual willful misfeasance , malfeasance, misconduct, or bad faith . The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director, and comm ittee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled . The Association shall , as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be . Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Properties , cannot be compromised or circumvented , nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended . Each Owner acknowledges, understands , and covenants to inform its tenants and all occupants of its Unit that the Association , its Board and committees , and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property , including Units and the contents of Units, resulting from acts of third parties. 7.8. Effect of Dissolution of Association. In the event that the Association is dissolved and is no longer licensed as a non-profit corporation, the rights and duties of the Association (including , but not limited to, all ownership interest in the Common Areas) shall vest in the Owners, as an unincorporated association . Any Owner or any Mortgagee may reinstate the Association's corporate status , or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create its successor; and upon such reinstatement , the Owners' rights and duties , as described in this Declaration , shall re-vest in the reinstated or successor Association , and all owners shall be members thereof with all rights to vote provided by law and the organ izational documents of the entity. To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity. 7.9. Provision of Services. The Association may provide or provide for services and facilities for the Members , their guests, lessees , and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities . The Board may charge use and consumption fees for such services and facilities. By way of example, Page 25 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions some services and facilities which might be offered include landscape maintenance, pest control service, cable television service , internet service , security , caretaker, transportation, fire protection , utilities , and similar services and facilities . Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided . In addition , the Board shall be permitted to modify or cancel existing services provided, in its discretion , unless otherwise required by the Governing Documents . No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense , based upon non-use or any other reason . 7.10. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations , properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities. 7.11 . Facilities and Services Open to the Public . Certain facilities and areas within the Properties may be open for use and enjoyment of the public. Such facilities and areas may include , by way of example: greenbelts , trails and paths, parks, and other neighborhood spots conducive to gathering and interaction , roads, sidewalks , and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property. 7.12. Permit Matters . The Properties may be subject to a variety of pennit restrictions and obligations which are contained in the Permits and other Local Jurisdiction Ordinances and are binding upon the Properties and run with the land . The Association and each Owner shall comply with the restrictions and requirements of the Permits , as applicable. During initial development of the Properties, Declarant shall implement, maintain, and enforce the programs and requirements of the Permits. Declarant shall have the right, but not the obligation , to delegate or assign certain responsibilities to the Association or any committee, and the Association or such committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations . The cost of such activities shall be a Common Expense, if the activity is associated with the Community Area and for the general benefit of all of the community. In the perfonnance of its responsibilities , the Association shall follow the standards and requirements of the Pennits and the Local Jurisdiction 's Ordinances. The Association shall comply with the design guidelines and maintenance standards referenced in the Pennits , particularly in the use and preservation of native vegetation and landscaping, in the perfonnance of its responsibilities under this Declaration. 7.13. Relationship with Tax-Exempt Organizations . Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association , the Members, or residents. While such organizations may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the community as a whole . If established by Declarant or the Association , the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money , real or personal property , or services to such entity. Such expenses and any such contributions shall be a Common Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as , but not limited to , entities which are exempt from federal income taxes under Sections 501 (c)(3) or 501 (c)(4), as the Code may be amended from time to time. Page 26 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Article VIII Association Finances 8.1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, if there is any change in the sums that the Board anticipates will be collected or expended by the Association in the coming fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.2. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized in Section 8.6. The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.5 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials, or within such other time period that may be mandated by law for non-profit homeowner associations, such as RCW 64.38.035. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. 8.2. Budgeting for Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility for which the Association maintains capital items as a Common Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.3. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied as a Common Expense against the entire membership, if such Special Assessment is for Common Expenses, or against the Owners benefited by the Special Page 27 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Assessment, if the Special Assessment is made for the limited benefit of less than all of the Members. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class "B" Members, if such exist. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.4. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 8.5. Authority To Assess Owners: Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the date each Unit is conveyed to an Owner by Declarant; provided, however, that if such Owner is a Builder, the obligation to pay assessments shall commence six months after the Unit is first conveyed to the Builder. The first annual Base Assessment levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. 8.6. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the Page 28 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action ii takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Exemption From Assessment. During the Class "B" control period, there shall be no assessment of any kind for Units or any other property owned by Declarant or those persons holding any Declarant rights, without the consent of the Declarant or the holder of such Declarant's rights. (c) Declarant's Option To Fund Budget Deficits. During the Class "B" Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 8.7. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law), and costs of collection (including attorneys' fees and costs, whether or not a lawsuit shall be involved). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Mortgage Recorded before the Recordation of the lien (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or nonjudicial foreclosure. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. Page 29 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.5, including such acquirer, its successors and assigns. 8.8 Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Member's right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys' fees and costs, if any, are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, the Declaration, or Washington state law. 8.9. Exempt Property. All Areas of Common Responsibility, such portions of the property owned by Declarant, and any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of Base Assessments and Special Assessments. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501 (c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501 (c). 8.10. Reimbursement of Declarant for Common Area Development and Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount to be determined by Declarant or in the absence of the election of the Declarant to determine the contribution, by the Board if it elects to do so. Upon acquisition of record title to a Unit by the first Owner thereof, the Declarant, if it elects to do so, shall also be entitled to collect from the purchaser of the Unit a sum, to be determined by the Declarant, as a reimbursement made to the Declarant for the expenditures made by the Declarant to improve the Areas of Common Responsibility and organize the Association, on behalf of the Members. These amounts shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. These amounts shall be deposited into the purchase and sales escrow and disbursed therefrom to the Declarant for reimbursement, or to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws, as appropriate based upon the contributions required. 8.11 Reimbursements From Local Jurisdictions -Assignment to Declarant. In the event that the Association succeeds to the interest of the Declarant in any bond, late comers' reimbursement, impact fee refund or similar right to receive a refund of funds paid by the Declarant pursuant to a requirement imposed by a Local Jurisdiction as a result of the Association's acquisition of Areas of Common Responsibility ("Refund"), the Association irrevocably assigns any such Refund to Declarant or to the holder of Declarant's rights, if such rights were completely assigned by Declarant. Upon receipt of notice that the Association is entitled to a Refund, the Association shall provide written notice of the Refund to the Declarant, the Declarant's assignee or, if the address cannot be determined from the public record, to such corporation or its successor in interest as is identified in the records of the Secretary of State of the State of Washington. The Association shall assign to Declarant, Declarant's successor all Refunds to which the Association may become entitled, regardless of the time that may have passed since recordation of the Plat and the Association Page 30 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Article IX Expansion of the Community 9.1. Expansion by Declarant. Declarant may from time to time subject to the provisions of this Declaration all or any portion of property owned by the Declarant or the Declarant's successors in interest as designated by the Declarant, including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Properties pursuant to this Section shall expire 20 years after this Declaration is Recorded. Until then, Declarant may transfer or assign this right to any Person. Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop all of the property described in Exhibit "A" in any manner whatsoever. 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property. A Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class "A" votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarant's consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recording Supplemental Declaration. A Supplemental Declaration shall be effective upon Recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. Article X Additional Rights Reserved to Declarant 10.1. Wtthdrawal of Property. Declarant reserves the right to amend this Declaration, so long as Declarant has a right to annex additional property pursuant to Section 9.1, for the purpose of removing any portion of the Properties which has not yet been improved with structures from the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not a Declarant; such amendment shall be subject to any required approval by the Local Jurisdiction. If the property is Common Area, the Association shall consent to such withdrawal. Page 31 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 10.2. Governmental Interests. Declarant may designate sites it owns within the Properties for fire, police, water, and sewer facilities, public schools and parks, and other public facilities. Sites may be designated for use of water infiltration under the Permit. Neither the Association, the PIC, nor the Owners may object to the use of such sites for the designated public purposes. 10.3. Marketing and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. 10.4. Right To Develop. Declarant and Declarant's employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as Declarant deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined in the Permit. Every Person that acquires any interest in the Properties agrees not to protest, challenge, or otherwise object to the development of any real property by Declarant which lies adjacent to the Properties, and which could be subjected to the terms of this Declaration by Declarant. 10.5. Right To Approve Additional Covenants. No Person shall Record any declaration of covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by Declarant. 10.6. Right To Approve Changes in the Standards Within the Community. No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. 10.7. Right To Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to Record any written assignment unless necessary to evidence Declarant's consent to such exercise. 10.8. Easement To Inspect and Right To Correct. (a) Declarant reserves for Declarant and such other Persons as Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Units and the Areas of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Areas of Common Responsibility, and the designees of Declarant shall have the right to redesign or correct any Unit for which they were the Builder. Page 32 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities. (c) Any damage to a Unit or the Areas of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 10.9. Right to Notice of Design or Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the Owner of the property to discuss the Owner's concerns and conduct their own inspection. 10.10. Termination of Rights. The rights contained in this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by Declarant of a written statement that all sales activity has ceased. Article XI Easements 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to: (a) (b) the Association; (c) The Governing Documents and any other applicable covenants; Any restrictions or limitations contained in any deed conveying such property to The Board's right to: (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Owner's Unit remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents after notice and a hearing pursuant to the Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; (iv) impose membership requirements and charge admission or other use fees for the use of any recreational facility situated upon the Common Area (such membership requirements, admission or use fees may, in the Board's discretion, differentiate between Members of the Association and other persons entitled to use such facilities); Page 33 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (v) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public; (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (d) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described in Article XII. Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease. 11.2. Easements of Encroachment. Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities, Etc. (a) Installation and Maintenance. Declarant reserves for Declarant, so long as Declarant owns any property described in Exhibit "A" of this Declaration or additional property subjected to the Declaration, on behalf of Declarant, Declarant's nominees, successors, and assigns, perpetual non- exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of: (i) installing utilities and infrastructure to serve the Properties, walkways, pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights-of-way or easements reserved for such purpose on Recorded plats; (ii) inspecting, maintaining, repairing, and replacing the utilities, infrastructure, and other improvements described in Section 11.3(a)(i), and any Street Trees; (iii) access to read utility meters; and (iv) access to from the public rights-of-way to any wetland, body of water, or water monitoring site to perform water monitoring and testing. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement Page 34 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Properties without approval of the Board or as provided by Declarant. (b) Specific Easements. Declarant also reserves the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in Exhibit A, or such additional property subjected to the terms of the Declaration. The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. 11.4. Easements To Serve Additional Property. Declarant hereby reserves for Declarant and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of any additional property subjected to the terms of the Declaration, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that Declarant and Declarant's successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, or any other declaration of covenants, conditions, and restrictions under which an owners' association is created or provided for, Declarant or Declarant's successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such property. The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of the total number of residential dwellings within the Properties and on such benefited property. 11.5. Easements for Maintenance, Emergency, and Enforcement. Declarant grants to the Association easements over the Properties as necessary to enable the Association to fulfill its maintenance responsibilities under Section 7.2. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents. Such right may be exercised by any member of the Board and its duly authorized agents and assignees, and all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. 11.6. Technology Utility Easements. Declarant reserves, so long as Declarant owns any property described on Exhibit "A" of this Declaration and additional property subjected to this Declaration by Declarant, perpetual, non-exclusive easements adjacent to the public rights-of-way throughout the Properties, on behalf of Declarant, and Declarant's nominees, successors and assigns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security, and other systems for sending and receiving data and/or other electronic signals ("Technology Utilities"), to serve the Properties and each Unit, such easements shall be exclusive to Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. Page 35 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Declarant also reserves for Declarant the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed in this Section and to grant and record in the public records such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit "A," and additional property subjected to this Declaration by Declarant. Any such contract, agreement, or easement may, in Declarant's sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems installed on or in the Units, dwellings, and other structures constructed on Units and Common Areas within the Properties. Any such contract, agreement, or easement entered into by Declarant may require that the Board enter into a bulk rate service agreement for the provision of services offered to all Units within the Properties. In such case, the cost shall be a Common Expense of the Association and shall be assessed as a part of the Base Assessment. If the service provides additional services or benefits to certain Owners or Units at their request, such additional services or benefits shall be paid directly by the Owner to the service provider, or become a Specific Assessment, as appropriate and specified in the agreement between the Association and the service provider. Article XII Exclusive Common Areas 12.1. Purpose. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, Exclusive Common Areas may include entry features, private driveways, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned. 12.2. Designation. Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association, in this Declaration, or on the subdivision plat relating to such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a majority of Owners of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area. Article XIII Party Walls and Other Shared Structures 13.1. General Rules of Law to Apply. Each wall, fence, driveway, utility, sewer or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Page 36 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. 13.2. Maintenance; Damage and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 13.3. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title. 13.4. Disputes. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. Article XIV Dispute Resolution and Limitation on Litigation 14.1 Dispute Resolution Methods. The provisions of this Article shall govern the resolution of all Claims between any Bound Party. Claims, disputes and controversies shall be resolved pursuant to the Arbitration Agreements described in Section 14.4, unless specifically exempted from the Arbitration Agreements by Section 14.3; if exempt from the Arbitration Agreements, the Exempt Claims may be litigated in a court of competent jurisdiction. Before any Claims are brought by the Association against any Person, the Association shall comply with the requirements of Sections 14.5. 14.2 Claims and Exempt Claims. Unless specifically identified as an Exempt Claim in this Section, all claims or disputes arising out of or relating to (a) the interpretation, application or enforcement of the Governing Documents; (b) the rights, obligations and duties of any Bound Party under the Governing Documents; (c) relating to the design or construction of improvements on the Properties, (d) breach of contract, (e) negligent or intentional misrepresentations or nondisclosure in the inducement, (f) execution or performance of any contract related to the Condominium, including the Arbitration Agreements described in this Article, (g) any alleged statutory violation, (h) any claim of bodily injury related to the design or construction of the Units and the Common Areas, and (i) any claim made under the Washington State Consumer Protection Act (collectively, "Claims") shall be subject to the provisions of Section 14.4, which require the Claims to be arbitrated. Unless all necessary parties otherwise agree, the following list of exemptions ("Exempt Claims") shall not be Claims, and shall not be subject to the provisions of Section 14.4 requiring arbitration, nor shall Exempt Claims be subject to the provisions of Section 14.5 -14.7: 14.2.1 any suit by the Association against any Bound Party to collect assessments, enforce liens, enforce the provisions of the Governing Documents; 14.2.2 any suit by the Association to obtain equitable relief (i.e., temporary restraining order, injunction, or specific performance) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Articles Ill, Article IV and Article V; Page 37 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 14.2.3 any suit brought by the Association to challenge tax assessments; 14.2.4 any suit brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor; Association; 14.2.5 counterclaims brought by the Association in proceedings instituted against the 14.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration; 14.2.7 any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount in controversy exceeds $10,000.00; 14.2.8 any suit in which any indispensable party is not a Bound Party; and 14.2.9 any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 14.4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. With the consent of all parties thereto, any of the above exemptions voluntarily may be submitted to the arbitration procedures set forth in Section 14.4. If the Association seeks to litigate items 14.2.1 through 14.2.5, such litigation shall require the majority vote of the Board of Directors. 14.3 Bound Parties. Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party or by stipulation shall be a "Bound Party" for the purposes of this Article XIV. 14.4 Arbitration Agreements. Each Bound Party covenants and agrees to submit all Claims to the arbitration procedures set forth in this Section 14.4, in lieu of filing suit in any court. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements described in this paragraph, including, without limitation, revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver or estoppel, shall be decided by the Arbitrator. The decision of the Arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Arbitration Agreements shall inure to the benefit of, and be enforceable by, Declarant and Declarant's subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the Common Elements; and shall be binding upon all family members and tenants of the Owners and the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable under these Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the Arbitration Agreements. If any provision of these Arbitration Agreements shall be determined by the Arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Any party shall be entitled to recover reasonable attorney's fees, litigation expenses and costs incurred in enforcing the Arbitration Agreements, as provided in Section 14.8. 14.4.1 Arbitration Agreement for Non-Warranty Claims. The Bound Parties agree that any Claim which is not a Claim covered by a Warranty (as described in Section 14.4.2) shall be settled and resolved by arbitration as described herein. The Arbitration shall be conducted by the American Page 38 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • Arbitration Association, Construction Arbitrations Services, Inc., DeMars & Associates, Ltd., or another arbitration service selected by the parties in writing, pursuant to the arbitration service's applicable arbitration rules to the extent such rules are not inconsistent with this Arbitration Agreement. If the parties fail to agree on the selection of an arbitration service, the choice of arbitration service shall be that of the Claimant. All administrative fees of the arbitration service and fees of the Arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the Arbitrator to reallocate such fees in the interest of justice. The Arbitrator shall take such steps as may be necessary to hold a hearing within ninety (90) days of the initial demand for arbitration and to conclude the hearing within three (3) days; and the Arbitrator's written decision shall be made not later than fourteen (14) calendar days after the hearing. These time limits are included in order to expedite the proceeding, but they are not jurisdictional, and the Arbitrator may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim determined and the award made on each claim. In making the decision and award, the Arbitrator shall apply applicable substantive law. The Arbitrator may award injunctive relief or any other remedy available from a judge, including without limitation joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact, or which may promote judicial economy, but shall not have the power to award punitive or exemplary damages. The parties expressly agree that this Arbitration Agreement involves and concerns interstate commerce, and is governed by the Federal Arbitration Act (9 U.S.C. §1, et. seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the arbitration service rules shall govern the conduct of the proceeding. 14.4.2 Arbitration Agreement for Warranty Claims. The Bound Parties agree that any Claim which is a Claim covered by a Warranty shall be settled and resolved by arbitration as described in this Subsection 14.4.2. A Warranty Claim is a Claim, dispute or controversy between Bound Parties arising from or related to alleged defects in the Unit or the Common Areas which are asserted after the closing of the transfer of title to a Unit, and which are covered by a contractual warranty supplied to the buyer of the Unit by the seller of the Unit. Warranty Claims shall be submitted to binding arbitration commenced and conducted in accordance with the arbitration provision of the Warranty, even if such provisions are inconsistent with the provisions of this Subsection 14.4. If the Warranty fails to specify a method of arbitration for Warranty Claims, the provisions of Section 14.4.1 shall apply. 14.4.3 Limitation Upon Amendments. The Declarant, the Association and all Owners hereby acknowledge and agree that no amendment of this Declaration shall modify, alter or delete any portion of the Arbitration Agreements in Section 14.4 of this Declaration without the written consent of the Declarant attached to and recorded with such amendment, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. 14.4.4 Binding Upon Successors and Assigns. The Declarant, the Association and all Owners acknowledge and agree that, by virtue of the recording of the Declaration, these Arbitration Agreements shall run with title to the real property subject to the Declaration and all additional phases, and shall be binding upon all Persons having any right, title or interest in all or any portion of the real property subject to the Declaration their respective heirs, legal representatives, successors, successors- in-title, and assigns, and shall be for the benefit of the Declarant and all Owners of Units and Common Elements subject to this Declaration, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. · Page 39 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 14.5 Consensus for Association Litigation of Claims. The Association shall not commence arbitration, judicial or administrative proceedings to resolve a Claim without the approval of Members representing at least 67% of the total votes in the Association. In the event the judicial or administration proceeding is against the Declarant or any former Declarant, 75% of the total votes in the Association are required to commence such proceeding. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6 Mandatory Procedures for Litigation of Claims. 14.6.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 14.6.2 Negotiation and Mediation. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Association's Board may appoint a representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of any Local Jurisdiction dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the area. If Claimant does not submit the Claim to mediation wtthin such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.6.3 Final and Binding Arbitration. If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claim to arbitration in accordance with Section 14.4. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant. This subsection is an agreement to arbitrate and is specifically enforceable under federal Page 40 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • and state arbitration laws. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under federal and Washington State laws. 14. 7 Allocation of Costs of Resolving Claims. Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"), except as otherwise ordered by the arbitrator pursuant to Section 14.4. Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs, except as otherwise provided in this subsection. 14.8 Enforcement of Resolution -Attorney's Fees and Costs. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 14.4 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any abiding or complying Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.4. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs. If the Bound Parties litigate an Exempt Claim, the prevailing party in such litigation shall be entitled to payment of all attorney's fees, litigation and costs by the non-prevailing party. Article XV Mortgagee Provisions The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 15.1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holden, will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; (b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Unit or the Owner or Occupant which is not cured within 60 days; (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) of Eligible Holders. Page 41 of 59 Any proposed action which would require the consent of a specified percentage Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 15.2. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation or any successor to FHLMC, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration); (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and the Common Area (the issuance and amendment of architectural standards, Use Restrictions pursuant to Article Ill, procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. law: 15.3. Other Provisions for First Lien Holders. To the extent not inconsistent with Washington (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Units to which at least 51 % of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. Page 42 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 15.4. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association as a result of destruction, damage, or condemnation pursuant to Section 15.3(a) and (b), or to the addition of land in accordance with Article IX. (a) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units subject to a Mortgage appertain, shall be required to terminate the Association. (b) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provisions of the Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: (i) voting; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of Common Area; (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Properties; (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association; (viii) boundaries of any Unit; (ix) leasing of Units; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; (xi) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (xii) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units. 15.5. No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. Page 43 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 15.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 15.7. Failure of Mortgagee To Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 15.8. Construction of Article XV. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or Washington law for any of the acts set out in this Article. 15.9. Amendment by Board. Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. Article XVI Changes in Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Unit shall, within seven days of taking title to a Unit, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. Article XVII Changes in Common Area 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement Page 44 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 17.3. Transfer or Dedication of Common Area. The Association may transfer, dedicate, or grant easements over portions of the Common Area to any other local, state, or federal governmental or quasi-governmental entity without a vote of the Owners subject to compliance with Section 15.2, if applicable. Article XVIII Amendment of Declaration 18.1. By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit 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 (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit 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. 18.2. By Members. 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 67% of the total Class "A" votes in the Association, including 67% of the Class "A" votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. In addition, the approval requirements set forth in Article XV shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "B" Member without Declarant's written consent or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an Page 45 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 18.4. Exhibits. Exhibits A and C attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit B is incorporated by reference and may be amended pursuant to Sections 18.1 and 18.2, or as provided in Article Ill. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above. STATE OF WASHINGTON COUNTY OF PIERCE ss. Talbot Road, LLC a Washington LLC, By: ,,.,.,,,.-,----,---------- Philip Nelson, Manager I certify that I know or have satisfactory evidence that Philip Nelson is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the Manager of Talbot Road, LLC, a Washington LLC, on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this __ day of-------' 2016. Page 46 of 59 (printed name): ___________ _ NOTARY PUBLIC My Commission expires: -------- Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • EXHIBIT A Land Submitted to Declaration Lots 1-17 and Tracts 997, 998 and 999 of the Plat of Talbot and 55th recorded on Recording Number _____________ _ Situated in the County of King, State of Washington. Page 47 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I I I I • • EXHIBIT B Initial Use Restrictions The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limited by the Association pursuant to Article Ill of the Declaration. (a) General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders, or the Association consistent with this Declaration and any Supplemental Declaration). Any Supplemental Declaration or additional covenants imposed on the property within any Neighborhood may impose stricter standards than those contained in the Declaration and the Association shall have standing and the power to enforce such standards. (b) Restrictions. The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board: (1) Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the PIC. (2) Nuisances. No noxious or undesirable thing, activity or use of any Unit in the Properties shall be permitted or maintained. If the PIC shall determine that a thing or use of any Unit or any part of the Properties is undesirable or noxious, such determination shall be conclusive. The PIC may recommend and the Board may direct that steps be taken as is reasonably necessary including, without limitation, the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activfy, remove anything or terminate any use of property which is determined by the PIC or described in this Declaration to constitute a nuisance. (3) Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Unit, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential communfy. Animals shall not be allowed to roam loose outside the limits of any Unit on which they are kept. Provided, however, the Board in its discretion may designate certain tracts as off-leash dog areas, subject to reasonable rules, so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all solid waste is removed by the Owner utilizing the Tract for such purposes. Any dog(s) must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Each Owner shall be responsible for cleaning up after his or her animal for any waste or damage to any area outside of the Owner's Unit. (4) Limitation on Signs. The Association may regulate or prohibit all signs, to the full extent allowed by State law. The Association may establish guidelines or restrictions including duration, location and appearance of signs. In addition to other rights reserved to Declarant in the Declaration, Declarant hereby reserves for itself and all Builders, so long as Declarant or any Builders own any Unit, the right to maintain upon the Properties such signs as in the opinion of Declarant are required, convenient or incidental to the merchandising and sale of the Units. Page 48 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (5) Completion of Construction Projects. The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within one year of the date of commencement of construction, except such construction as is performed by Declarant, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Unrt, and rear yard landscaping must be completed wrthin six months of completion of a Unit. Except with the approval of the Board, no person shall reside on the premises of any Unit until such time as the improvements to be erected on the Unit in accordance with the plans and specifications approved by the Board have been completed. (6) Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Unit. Unsightly condrtions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit unless prior written approval shall have been obtained from the PIG. Garbage containers and recycle bins are to be stored so as not to be seen from the street, except on pick-up days. Owners should insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up around their property at all times. (7) Antennas. Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties without PIG approval. All over-the-air reception devices shall comply wrth the Residential Design Guidelines or other applicable rules adopted by the Association pertaining to the means, method and location of antennas and satellite dishes. PIG approval will be consistent with FCC regulations. (8) Setbacks. No building shall be located on any Unit nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority wrth jurisdiction over the Properties. (9) Roofs. Roofs on all buildings must be finished with materials approved for use by the PIG. More than one type of material may be approved. (10) Fences. Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been obtained from the PIG. The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the PIG. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the PIG. (11) Residential Use Only. Except for Declarant's or a Builder's temporary sales, construction offices and model homes, no Unit shall be used for other than one detached single-family residential dwelling, wrth driveway parking used for not more than three cars. (12) Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Page 49 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I \ I I I I ! I I I • • (13) Sales and Construction Facilities. Notwithstanding any other prov1s1on in this Declaration to the contrary, it is expressly permissible for Declarant, a Builder, and their agents, employees or nominees, to maintain on any portion of the Properties owned by Declarant, a Builder or on the Common Areas such facilities as the they may reasonably feel are required, convenient or incidental to the construction and/or sales of Units or improvements thereon. Declarant may permit, in writing, an individual Owner or third party purchaser to maintain temporary equipment and construction material on the Owner's Unit when the Declarant feels the same is reasonably required, convenient or incidental to construction activities for improvement of the Unit. (14) Drainage Waters. Following original grading of the roads and ways of the Properties, no drainage waters shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way. The Owner of any Unit, prior to making any alteration in the drainage system, must make application to and receive approval from the applicable governmental jurisdiction. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any Unit as may be undertaken by or for the Owner of any Unit shall be done by and at the expense of such Owner. (15) NBA Restrictions and Maintenance. All areas designated on the Plat as Native Growth Protection Area, Sensitive Area, Buffer, Natural Buffer Area, Wetland or Wetland Buffer (collectively, "NBA") shall be left permanently undisturbed in a substantially natural state. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these areas, except the activities approved by the Local Jurisdiction. Some activities that may be permitted are: (1) underground utility lines and drainage discharge swales may cross such areas, utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing; (2) fences, when the NBA and its buffer are not detrimentally affected; and (3) removal of hazardous vegetation by the Owner of a Unit on which a NBA is located. The Association shall be responsible for operating, maintaining and restoring the condition of the NBA in the event any unauthorized disturbance occurs; however, in the event that this disturbance is determined to be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA from the party disturbing the area. (16) Deviation by Consent of Declarant. Declarant hereby reserve the right to enter into an agreement with the Owner of any Unit (without the consent of the Owner of any other Unit) to deviate from the conditions, restrictions, limitations or agreements contained in this Declaration. Any deviation shall be manifested in an agreement in writing and shall not constitute a waiver of any such condition; restriction, limitation, or agreement as to the remaining Units located on the Properties; and the condition, restriction, limitation or agreement waived by Declarant shall remain fully enforceable as to all other Units located in the Properties. (17) Timeshares. No operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, is permitted. However, the Declarant may operate such a program and may permit others to operate such a program in the Plat. (18) Conversion of Carports or Garages. Conversion of any carport, garage, attic, or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Unit is prohibited. Page 50 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (19) Irrigation Systems. No sprinkler or irrigation systems or wells of any type may draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant and its designees shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent allowed by the Permits. (20) Burning. No open-air burning or use of wood stoves is permitted, except in compliance with Local Jurisdiction Ordinances. However, outdoor cooking facilities, such as barbeques, are permissible subject to rules, regulations, and Local Jurisdiction Ordinances. (21) Limrtation on Storage of Vehicles Temporary Permrts for RVs. Except as hereinafter expressly provided, the Units, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the Unit (provided that such commercial vehicles contain a single rear axle). Vehicles shall not be parked on a driveway or street in lieu of being parked in an available space in a garage, except as otherwise provided by Rules established by the Board. Boats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Properties, except as specified herein, or as may be permitted by Rules established by the Board. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any Unrt or street unless stored in a garage. Notwithstanding the foregoing, Owners who have guests visrting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the PIC for guests to park a vehicle on the driveway of a Unrt for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the PIC or its authorized representative to park at the Unit. An Owner that stores a recreation vehicle off-site may park the vehicle on the driveway of a Unit for 48 hours for the purpose of preparing for departure or upon return, to facilrtate preparation and return from travel. (22) Changing Unit Contours and Drainage: Subdivisions. The surface grade or elevation of the various Units shall not be substantially altered or changed in any manner which would affect the relationship of such Unit with other Units, or which would result in materially obstructing the view from any other Unit, or which would otherwise produce an effect out of harmony with the general development of the immediate area in which said Unit is located. Whether or not such alteration or change in the elevation or grade of any Unit would be prohibited shall be determined by the Declarant during the Class "B" Control Period in its sole and uncontrolled discretion. No further subdivision of any Unit without resubmitting for formal plat procedure is allowed. The sale or lease of less than a whole Unit in the Plat is expressly prohibited. (23) Garbage Disposal. The Owners of the Units shall ensure that no garbage can or other receptacle will be visible from any place outside the residence except on collection day. (24) Prohibited Materials. In order to protect the environment, sensitive areas and water quality precautions must be taken with the storm drainage system on site. The following materials shall not be allowed to enter any surface or subsurface part of the public and/or private drainage system. Page 51 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil. (ii) Trash and/or debris. (iii) Animal waste. (iv) Chemicals and/or paint. (v) Steam cleaning waste. (vi) Washing uncured concrete for cleaning and/or finishing purposes or to expose aggregate. (vii) Laundry wastes or other soaps. (viii) Pesticides, herbicides, or fertilizers. (ix) Sewerage. (x) Heated water. (xi) Chlorinated water or chlorine. (xii) Degreasers and/or solvents. (xiii) Bark or other fibrous material. (xiv) Antifreeze and/or other automotive products. (xv) Lawn clippings, leaves or branches. (xvi) Animal carcasses. (xvii) Silt. (xviii) Acids or alkalis. (xix) Recreation vehicle wastes. (xx) Dyes, unless prior permission has been granted by the Local Jurisdiction. (xxi) Construction materials. Any Owner found to not be in compliance with the use, handling or storage of this item shall immediately remove and remedy the matter, upon written notice of the Association or the Local Jurisdiction. (25) Day Care Facilities for Children. An Owner may operate a licensed child day care business in a Unit, if approved by the Board. Such approval may only be granted, in the sole discretion of the Board, if the Owner can establish that: 1) all applicable governmental zoning and land use classifications lawfully permit such usage, 2) the business and Owner are licensed to operate such a day care business by the governmental authorities with jurisdiction over such operation, 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday, 4) no more than (4) children, in addition to those children in the Owner's immediate family, are enrolled in either a part or full-time capacity in such day care program, 5) the Owner of the Unit operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their Unit, 6) the Owner of the Unit indemnifies and holds the Declarant, the Board and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of a day care, 7) prior to commencing such business operations and continuing for all times the business operates, the Owner of the Unit makes the Association an additional insured in a policy of liability insurance in an amount not less than $1,000,000.00, and 8) such day care operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. The Declarant, the Board, and the Association shall not be deemed to be a partner or joint venturer, nor shall be deemed to hold an interest in such business operation, because permission to operate such a day care business was given by the Board. Page 52 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • (26) Storage Sheds. All storage sheds and/or outbuildings require prior PIC approval of construction materials, location, design, and overall aesthetic appearance. All sheds or outbuildings need to be of "stick-built" construction and shall match the appearance of the main dwelling. (27) Street Trees. Street Trees are those trees planted by Declarant, or at the Declarant's direction, to comply with the requirements contained in the Plat. Street Trees may be located on Units near the public right of ways that lie within and along the boundaries of the Plat. Street Trees that are located within Common Areas are owned by the Association. A pre-existing tree or a tree planted by the Declarant on a Unit at the time it is purchased by an Owner is considered a Street Tree. Any tree located within twenty (20) feet of a public right of way (whether such right of way is located within or outside the Plat), shall be presumed to be a Street Tree subject to the restrictions contained herein, unless the Association, the Declarant or the Local Jurisdiction confirm otherwise in writing to the Owner. (1) Easement Granted. The Association, the Declarant (and any Builder or person who has posted a bond related to the planting, maintenance or replacement of Street Trees with any government jurisdiction, and who has agreed to carry out the Declarant's duties as they pertain to Street Trees -who for the purpose of this Section may exercise the Declarant's rights related to Street Trees) are granted an easement to place, care for and maintain Street Trees on each Unit on the Properties, in locations adjacent to the public right of ways and sidewalks, whether such public right of ways are located along the front, side or back boundary of a Unit. The easement granted herein shall extend onto a Unit for a distance sufficient for a Street Tree (of a variety approved by the Local Jurisdiction or its successor) to be planted, maintained and pruned in manner consistent with good nursery practices. The Association and the Declarant are also granted such temporary easements that are needed to reach the location of any Street Tree, across any Unit or Common Areas on the Properties. (2) Responsibility for Planting and Maintenance of Street Trees. The Declarant shall, in their sole discretion (but consistent with the requirements of the Local Jurisdiction), plant the Street Trees in such locations on the Units along the right of ways and in the Common Areas that the Declarant determines. The Owners and the Association shall have primary responsibility for the maintenance of the Street Trees after they are planted, unless such responsibility is assumed by the Local Jurisdiction. The division of responsibility between the Owners, the Association and the Local Jurisdiction for different aspects of maintenance of the Street Trees may be established by notations on the face of the Plat, or if there are no such notations, by rule promulgated by the Board or ordinance adopted by the Local Jurisdiction. The Owners and the Association shall provide such maintenance to the Street Trees that is appropriate, based upon good nursery practices and requirements imposed by the Declarant or the Local Jurisdiction. The Owners and the Association shall be prohibited from (1) voting to abandon or ceasing the maintenance of the Street Trees, or (2) removing or altering (other than appropriate pruning) the Street Trees without permission of Declarant, until such date that the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees is released and fully exonerated, without charge or reduction, or upon the bonds' forfeiture. (3) Remedies for Failure to Maintain Street Trees. In the event that any Owner and the Association fail to maintain the Street Trees, a Declarant may elect to maintain the Street Trees and may charge the Association and the Owners, as a special assessment, the cost of such maintenance. The special assessment arising under this section shall be a lien on the Properties in favor of Declarant, which Declarant may enforce (in place of the Association) in the manner described in the Declaration. Page 53 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions I I I I I I I I i I I • • In the alternative, Declarant may elect to charge any sums deducted from the Declarant's performance bond as a special assessment against the Association and the Owners, impose the special assessment as a lien on the Properties in favor of Declarant, and enforce such special assessment (in place of the Association) in the manner described in the Declaration. This provision may not be amended without the permission of Declarant, until the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees are released and fully exonerated, without charge or reduction, or such bonds are forfeited. (4) Remedies Upon Removal or Alteration of Street Trees. In the event that an Owner removes or alters inappropriately a Street Tree without written permission of a Declarant (until the Declarant's performance and maintenance bonds are released or forfeited, and then the Association or the Local Jurisdiction, if the Local Jurisdiction assumes responsibility for the Street Trees), the removal shall be a violation of this Declaration and of RCW 64.12.030. Declarant, (until Declarant's performance and maintenance bonds are released in full without claim, and then the Association or the Local Jurisdiction), may bring an action to restrain the removal of any Street Tree, or for damages arising from such removal, including such additional, treble damages and attorney's fees that are available under this Declaration or state law. (5) Termination or Alteration of Restrictions on Removal of Street Trees. Declarant's rights and duties described herein shall cease and automatically terminate upon (1) release in full, without claims, of the Declarant's performance and maintenance bonds, (2) recovery of compensation by Declarant for all sums deducted from the bond, or (3) a date six years from the date of any bond forfeiture, whichever event occurs first. After Declarant's performance and maintenance bonds are released or forfeited, and the Declarant has received the full exoneration of the bonds without claims, or compensation for any payments made from the bonds, the Association may apply to the Local Jurisdiction or its successor for approval to terminate or alter the restrictions imposed upon the removal or alteration of Street Trees described in this Section. Such application may be made if a majority of the Owners approve of the Association's application for termination or alteration of the Street Tree restrictions. Upon written notification from the Local Jurisdiction of the termination or alteration of the restrictions upon Street Trees contained herein, the Association shall record a copy of the written notice in the Recorder's Office of the Local Jurisdiction in which the Plat is located. Upon recordation of such notice, the provisions of this related to Street Trees shall terminate or be amended in the manner described in the notice. (28) Restrictions Upon Rentals. This Section applies to the renting or leasing of Units (collectively, "renting" or "rental"), including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal, and all living arrangements in any way governed by the provisions of RCW 59.12 or RCW 59.18, and shall also apply to any sublease of a Unit and the assignment of any lease of a Unit. No Unit Owner may rent a Unit or any portion of a Unit without prior written approval of the Board of the Association ("Rental Approval"). No rental of a Unit or any portion of a Unit shall be valid or enforceable unless it complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant. The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval. The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner-occupied residential environment (as applicable by law). Page 54 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions ,------------------------ • • (1) Definitions. The following definitions shall apply to this Section: (a) "Occupant" means anyone who occupies any portion of a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. (b) "Related Party" means a person who has been certified in a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7) the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as "domestic partner" is defined by RCW 26.60.020(1), or any amendment of successor to such statute, or if the statute is repealed, the definition last contained in the statute before its repeal, (9) the officer, director or employee of any Owner which is a corporation, (10) member or employee of any Owner that is a limited liability company, or (11) partner or employee of any Owner that is a partnership. (c) "Rental Agreemenr shall mean any agreement, written or oral, related to the renting or leasing of any Unit or portion of a Unit. (d) "Tenanr· means and includes a tenant, lessee, renter or other non-Owner occupant of a Unit that is not occupied by its Owner. For the purposes of the declaration, the term Tenant shall not include a Related Party. (2) Rental Limitation. During the Class B Control Period, no Unit or portion of a Unit may be rented by an Owner without the written permission of Declarant. After Declarant holds no property subject to this Declaration or described in Exhibit A, and the Class B Control Period has ended, the Board may determine the number of Units that may be rented at any one time, by adoption of a rule setting the number of Units that may be rented. The Board may determine that no Units or portions of Units may be rented. The restrictions contained in this section shall be known as the "Rental Limitation" and shall be applicable by law. (3) Procedure for Obtaining Approval for Renting Unit. Owners interested in renting their Unit or a portion thereof (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board in such form as shall be reviewed and accepted by the Board. Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit. In the event the Unit is not rented within the 90-day period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90-day period, or if a written rental agreement is signed within the 90-day period and the term commences within 30 days of the signing of the rental agreement. (4) Waiting List. Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Neighborhood Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board Page 55 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. All provisions herein outlined shall be applicable by law. (5) Approved Rental Unit. A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section. A Unit shall remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement in strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other than an exempt transfer (as defined below), made by the Owner to a new Owner, the Unit shall be deemed to be an Owner Occupied Unit. Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article. For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person. (6) Hardship Exception. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation in connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner-occupied neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for such a temporary period as to be determined by the Board. In addition, the Board shall have the authority, notwithstanding the Rental Limitation, to consent to the Rental of a Unit, title to which is acquired following a default in a mortgage or Deed of Trust. (7) Copies of Rental Agreement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. (8) Delivery of Governing Documents to Tenants. Prior to signing any Rental Agreement, it shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner. (9) Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including all such rights and remedies as are otherwise provided in the Governing Documents or by applicable Washington law. In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of the Governing Documents, the Board may give notice to the Owner to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of Page 56 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith. The Association shall have a lien against title to the Owne~s Unit for any costs incurred by it in connection with such eviction, including reasonable attorneys' fees, which may be collected and foreclosed by the Association in the same manner as assessments are collected and foreclosed. (10) Rules and Regulations. The Board may adopt Rules and Regulations in furtherance of the administration of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members. (11) Requirements of Rental Agreement. All Rental Agreements shall be in writing. Any Rental Agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the Rental Agreement. (12) Rent Paid to Association. If a Unit is rented by its Owner, the Board may collect, and the Tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the Tenant to the Association hereunder, plus interest, costs, litigation expenses and attorney's fees if the same are in default over thirty (30) days. The Tenant shall not have the right to question payment to the Board, and such payment will discharge the Tenant'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 or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the Rental Agreement. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner, nor in derogation of any right which a Mortgagee of such Unit may have with respect to such rents. Page 57 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • EXHIBITC Rules of Arbitration 1. Claimant shall submit a Claim to arbitration under these Rules by giving written notice to all other Parties stating plainly and concisely the nature of the Claim, the remedy sought and Claimant's submission of the Claim to arbitration ("Arbitration Notice"). 2. The Parties shall select arbitrators ("Party Appointed Arbitrators") as follows: all the Claimants shall agree upon one Party Appointed Arbitrator, and all the Respondents shall agree upon one Party Appointed Arbitrator. The Party Appointed Arbitrators shall, by agreement, select one neutral arbitrator ("Neutral") so that the total arbitration panel ("Panel") has three arbitrators. 3. If the Panel is not selected under Rule 2 within 45 days from the date of the Arbitration Notice, any party may notify the nearest chapter of The Community Associations Institute, for any dispute arising under the Governing Documents, or JAMS, or such other independent body providing arbitration services, for any dispute relating to the design or construction of improvements at the Properties, which shall appoint one Neutral ("Appointed Neutral"), notifying the Appointed Neutral and all Parties in writing of such appointment. If either agency is unavailable or unable to provide such arbitration services, the Association or any Party may apply to any court of competent jurisdiction to appoint an arbitrator in accordance with Washington law. The Appointed Neutral shall thereafter be the sole arbitrator and any Party Appointed Arbitrators or their designees shall have no further duties involving the arbitration proceedings. 4. No person may serve as a Neutral in any arbitration in which that person has any financial or personal interest in the result of the arbitration. Any person designated as a Neutral or Appointed Neutral shall immediately disclose in writing to all Parties any circumstance likely to affect impartiality, including any bias or financial or personal interest in the outcome of the arbitration ("Bias Disclosure"). If any Party objects to the service of any Neutral or Appointed Neutral after receipt of that Neutral's Bias Disclosure, such Neutral or Appointed Neutral shall be replaced in the same manner in which that Neutral or Appointed Neutral was selected. 5. The Appointed Neutral or Neutral, as the case may be ("Arbitrator'') shall fix the date, time and place for the hearing. The place of the hearing shall be within the Properties unless otherwise agreed by the Parties. In fixing the date of the hearing, or in continuing a hearing, the Arbitrator shall take into consideration the amount of time reasonably required to determine Claimant's damages accurately. 6. Any Party may be represented by an attorney or other authorized representative throughout the arbitration proceedings. In the event the Respondent fails to participate in the arbitration proceeding, the Arbitrator may not enter an Award by default, but shall hear Claimant's case and decide accordingly. 7. All persons who, in the judgment of the Arbitrator, have a direct interest in the arbitration are entitled to attend hearings. The Arbitrator shall determine any relevant legal issues, including whether all indispensable parties are Bound Parties or whether the claim is barred by the statute of limitations. 8. There shall be no stenographic record of the proceedings. Page 58 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions • • 9. The hearing shall be conducted in whatever manner will, in the Arbitrator's judgment, most fairly and expeditiously permit the full presentation of the evidence and arguments of the Parties. The Arbitrator may issue such orders as it deems necessary to safeguard rights of the Parties in the dispute without prejudice to the rights of the Parties or the final determination of the dispute. 10. If the Arbitrator decides that it has insufficient expertise to determine a relevant issue raised during arbitration, the Arbitrator may retain the services of an independent expert who will assist the Arbitrator in making the necessary determination. The scope of such professional's assistance shall be determined by the Arbitrator in the Arbitrator's discretion. Such independent professional must not have any bias or financial or personal interest in the outcome of the arbitration, and shall immediately notify the Parties of any such bias or interest by delivering a Bias Disclosure to the Parties. If any Party objects to the service of any professional after receipt of a Bias Disclosure, such professional shall be replaced by another independent licensed professional selected by the Arbitrator. 11. No formal discovery shall be conducted in the absence of express written agreement among all the Parties. The only evidence to be presented at the hearing shall be that which is disclosed to all Parties at least 30 days prior to the hearing; provided, no Party shall deliberately withhold or refuse to disclose any evidence which is relevant and material to the Claim, and is not otherwise privileged. The Parties may offer such evidence as is relevant and material to the Claim, and shall produce such additional evidence as the Arbitrator may deem necessary to an understanding and determination of the Claim. The Arbitrator shall be the sole judge of the relevance and materiality of any evidence offered, and conformity to the legal rules of evidence shall not be necessary. The Arbitrator shall be authorized, but not required, to administer oaths to witnesses. 12. The Arbitrator shall declare the hearings closed when satisfied the record is complete. 13. Unless requested by the Arbitrator, there will be no post-hearing briefs. 14. The Award shall be rendered immediately following the close of the hearing, if possible, and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing, shall be signed by the Arbitrator and acknowledged before a notary public. If the Arbitrator believes an opinion is necessary, it shall be in summary form. 15. If there is more than one arbitrator, all decisions of the Panel and the Award shall be by majority vote. 16. Each Party agrees to accept as legal delivery of the Award the deposit of a true copy in the mail addressed to that Party or its attorney at the address communicated to the Arbitrator at the hearing. Page 59 of 59 Talbot and 55th Homeowners Association Declarations of Covenants, Conditions and Restrictions . ·---~_,· ... Denis Law ~ C' . f . ~ ID}; . 1tyo :. · . · · . r;Y •• ·-2M::.ayor .. ___.__...,~~]l®· Community & Economic Development,Department · CE."Chip"Vincent,Admiriistrator May 4, 2016 Phil Nelson : Talbot Road LLC 12505 -Bellevue. Redrnond Rciad Suite 200 · · Bellevue, WA 98005. Subjet:t: Notice of Compiete Applicatici~ Talbot and 55 1h Final Plat,·:.·. LUA16'000338; FP Dr .. Mr. Nelson: ·. . ·• . . ,• . . -. • • • • • I ' • , ' • • • • • • • ' · The Planning Division of the.City of Renton.has determined that the subject application is complete according to submittal reciuirementi and;' therefore, is accepted for review. -. -, . . . . . . . . -. ,· .. . . . . You will be notified i(any additional information is required to continue processing your application. Please contact meat (425) 430'.7216 or by emai·I at jillian@rentom.:Va.gov if ·. you have any questions . .' Sincerely, . . ~ Project Manager cc: Brianne Bannwarth, Development Engineering Manager Jennifer Henning, Planning Director Vanessa Dolbee, Planner Ann Fowler, Plan Reviewer File Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov ~-----------------------------~----------------- • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT RECEIVED • MAYO 3 2016 ~~---·Rentoc,Tvno· ~ .. -Cl'fY OF REIJ FON ~ PLANNING DIVISION Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Talbot Road, LLC PROJECT OR DEVELOPMENT NAME: Talbot & 55th Avenue Plat ADDRESS: 12505 Bel-Red Rd., Suite 200 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 1920 97th A venue South CITY: Bellevue ZIP:WA Renton, WA 98055 TELEPHONE NUMBER: (206) 714-4939 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 7931000151 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Vacant COMPANY (if applicable): PROPOSED LAND USE($): 17 Lot Single Family Subdivision EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: King County Urban Residential (UR) 4-12 DU/AC PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) TELEPHONE NUMBER: EXISTING ZONING: King County R-6 CONTACT PERSON PROPOSED ZONING (if applicable): NAME: Phil Nelson SITE AREA (in square feet): 126,815 sq ft/ 2.91 acres SQUARE FOOTAGE OF PUBLIC ROAWJAYS TO BE COMPANY (if applicable): Talbot Road, LLC DEDICATED: 19,560 sf SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 12505 Bel-Red Rd., Suite JOO 3,192 sf PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Bellevue ZIP:WA ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 17 (206) 714-4939 talbotroadllc@gmail.com NUMBER OF NEW DWELLING UNITS (if applicable): 1 ',, '· ......... • • PROJECT INFORMATION (continued) r--~----,~~----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): 17 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 0 SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n/a SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: $2,350,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO 0 FLOOD HAZARD AREA 0 GEOLOGIC HAZARD 0 HABITAT CONSERVATION 0 SHORELINE STREAMS & LAKES l:lli WETLANDS --sq. ft. --sq.ft. --sq. ft. --sq.ft. 1,200 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach leaal descrintion on seoarate sheet with the followina information included! SITUATE IN THE __N!L QUARTER OF SECTION _6 _, TOWNSHIP 22N , RANGE -2.!L, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, Philip Nelson and Wei Huang, declare under penalty of pe~ury under the laws of the State of Washington that I am (check one)~ the current owner of the property involved in this application or D the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true M•-•~oo a~M~ yj,,,{ 4± (_, 4/,,(!l Si Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that acknowledge it to be his/her/their free and voluntary act for the uses Dated signed this instrument and the ins rument. .. --• • SUBDIVISION Guarantee/Certificate Number: Issued By: @.cm~~~;;ro<ANC,roM,AN, 0047020-06 Mfl.'f O S Zll\G ~HICAGO TITLE INSURANCE COMPANY C \f'{ Of RENlO a corporation, herein called the Company ••1••G o\VIS\01'1 PlAl'I"" GUARANTEES Solution Partners herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the Identity of any party named or referred to In Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but In no event shall the Company's liability exceed the liability amount set forth In Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago _Title Insurance Company By: Attest: President Secretary Prinlad: 03.23.16@ 10:01 AM WA-CT -FN SE-02150.6224 76-SPS-1-16-004 7020-06 • • CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 ---------------------------- $1,000.00 Title Officer: Commercial / Unit 6 Chicago Tille Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CT1SeaTilleUnit6IR>ctt.com SCHEDULE A $350.00 Effective Date: March 16, 2016 at 08:00 AM The assurances referred to on the face page are: $33.60 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Talbot Road, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Printed: 03.23.16@ 10:01 AM WA-CT-FN SE-02150.6224 76-SPS-1-16-004 7020-06 • EXHIBIT "A" Legal Description • Lot A, King County Boundary Line Adjustment Number L05L0092, recorded under recording number 20060523900010, in King County, Washington. Subdivision Guarantee/Certificate Page 3 Printed: 03.23.16@ 10:01 AM WA-CT-FN SE-02150.6224 76-S PS-1-16-004 7020-06 • • CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 SCHEDULE B H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Subdivision Guarantee/Certificate Page4 Printed: 03.23.16@10:01 AM WA-CT-F NSE-02150. 6224 76-SPS-1-16-0047020..06 • CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS SCHEDULE B (continued) • GUARANTEE/CERTIFICATE NO. 0047020-06 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on: King County Boundary Line Adjustment Number L05L0092 Recording No: 20060523900010 2. This item intentionally deleted 3. This item intentionally deleted 4. This item intentionally deleted 5. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2016 Tax Account No.: 793100-0151-06 Levy Code: 2170 Assessed Value-Land: $310,000.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: 6. This item intentionally deleted $4,122.65 $0.00 $4,122.65 7. Terms and conditions of the limited liability company agreement for Talbot Road, LLC. 8. A Deed of Trust, Assignment of Rents, Fixture Filing and Security Agreement, to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Recording Date: Recording No.: Subdivision Guarantee/Certlflcate $1,250,000.00 September 10, 2015 Talbot Road, LLC, a Washington Limited Liability Company Chicago Title Insurance Company Alco Investment Company September 10, 2015 20150910001291 Pages Printed: 03.23.16@ 10:01 AM WA-CT-F NSE-02150.622476-S PS-1-16-004 7020-06 • • CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0047020-06 SCHEDULE 8 (continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: Construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for transmission, distribution and sale of gas and electricity Recording Date: November 12, 2015 Recording No.: 20151112001611 Affects: A portion of herein described property END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Note B: Note C: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot A, KC BLA #L05L0092, 20060523900010 Tax Account No.: 793100-0151-06 Note: The only conveyance(s) affecting said Land. which recorded within 36 months of the date of this report, are as follows: Record No.: 20150511001552 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 03.23.16@ 10:01 AM WA-CT -FNSE-02150.6224 76-SPS-1-16-004 7020-06 Page6 r -------- • -~ • V RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Depar1ment (AEM) PO Bax 97034 / EST .06W Bellevue, WA 98009°9734 + PUGET SOUND ENERGY REFERENCE#: GRANTOR (Owner): TALBOT ROAD, LLC EASEMENT GRANTEE (PSE): PUGET SOUND ENERGY, INC. • \..,/ ORIGINAL SHORT LEGAL: Portion of Lot A, BLA Na, L05L0092, K.C. Rec. Na. 20060923900010 ASSESSOR'S PROPERTY TAX PARCEL: 793100.0151 20151112001611.001 For and In consideration of good and valuable consideration, the receipt and aufficlency of which ere hereby acknowledged, TALBOT ROAD, LLC, a Washington limited llablllty company ("Owner' herein), hereby granlS end conveys to PUGET SOUND ENERGY, INC., a Washington COIJ)OraUon ("PSE" herein), for the purposea described below, e nonexclusive pelJ)etual easement over, under, along ecr08$ end through the following deacrlbed reel property (the "Property" herein) In King County, Washington: LoT A Of' BOUNDAAY LINE ADJU&TMIINT NUMBER L06L0082, RECORDED ON MAY 23, 2006 UNDER l<tNO COUNTY RECORDING NUMBER 20060523900010. SITUATI! IN THE COUNTY OF KINO, STATI! OF WASHINGTON, Except ea may be otherwise set forth herein PSE's rlghlB shall be exercised upon that portion of Iha Property ("Easement Area" herein) described as follows: EASEMENT No. 1: ALL STREETS AND ROAD RIOHT8-0F..WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DS8CRIBED PROPERTY, (WHEN SAID STREETS AND ROADS ARE DEDICA'IED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT No, 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATI!D WITHIN THE ABOVE DESCRIBED PROPl!RTY BIING PARALLEL TO AND COINCIDENT WITH THE BDUNDA,RIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF•WAY, EAs!MBNT NO. 3: A STRIP OF LAND 5 FEET IN WIDTH HAVING 2.6 Fa&T OP SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, '!O BE CONSTRUCTI!D, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALLEYWAYS AND PRIYA'IE DRIVES. UG Gas & Elecb1c Easement 2013 WO# 101095980 / RW-093929 I Talbot & 155th Page 1 or3 EXcisE TAX NOT REQUIRED ~ng~,~- LlsaLOhlen • • '-...,I • DATED this /() r,, day of Jollffl~ OWNER: TALBOT ROAD, LLC, a Washington llmlted llablllty company By:~~~-~ rts: t?f.ftrl{~14 ~ STATE OF WASHINGTON COUNTY OF t:'.cN ~ ) ) ss ) • 20151112001611.003 '-...,I , 20..1.S..... On ttlls lo day of /f(ov&m4M-, 20 /!,-, before me, the undersigned, a Notary Public In and tor the State of Washington, duly commissioned and awom, personally appeared Ph ,t," A /lg£$,c{ , to ms known to be the person(s) who signed 88 l)IM,,;;.,f. lM/6 1M i:,tu aut,, . of TAL80T ROAD, LLC, the Washington limited llablllly company that executed the within and foregoing Instrument, and ecknowledged said instrument to be his I har free and voluntary act and deed and the free and voluntary act and deed of said limited llabllily company for the usas and purposes therein mentioned; and on oath stated that he / sha was euthoriZed to execute the said Instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (S1'roN1',~ (Print or stamp name of Notary) NOTARY PUBLIC In and for the State of Washington, residing at ft:. IIIA&t ,+4,VtJ My Appointment Expires: -2• /"f-Zot 8' Notary seal, text and all notations must be Inside 1• margins UG Gas & Electric Easement 2013 WOii 101095980 / RW-093929 / Talbot & 55th Page3 of 3 • • 20151112001611.002 '-,,I V' 1. Purpoae. PSE shall have the right to uae the Easement Ania to conslrUct. operate, malnteln, repair, replace, Improve, remove. upgrade and extend one or more uUllty systems for purposes of transmission, dls1ributlon and sale of gas and elec:1riclty. Such systems may Include, but are not limited to: Underground facllltleo. Conduits, lines, cables, veulta, switches and lransfonners for eleetrlcity; pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; fiber opUc cable and olher lines, cables and facllltles for communlcadons: semi-burled or ground-mounted facllitles and pads, manholes, maters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or au of the foregoing. Fol/owing lhe lnltlal conslrUctlon of all or a portion of lta systems, PSE may, from ~me to ~a. consuucl sueh addldona/ facllldes as It may require for such systams. PSE shall have the right of acoaas to the Easement Area over and actess tha Property to enable PSE to exercise Its rights granted In this easement 2. Eaaement Area Clearing and Maintenance. PSE shall have Iha right but not the obllgadoo to cut remove and dispose of any and all brush, trees or other vegetstlon In the Easement Area. PSE shall also have tha right but not Iha obllgadon, to control, on a condnulng basis and by any prudent and reasonable means, the estebllshment and growth of brush. treas or other vegetation In the Easement Area. 3. Treea Outside EHament Area. PSE &hall have the right to cut, trim remove and dispose of any treas located on Iha Property outside the Easoment Area that could, In PSE's IIOfe judgmsn~ Interfere with or create a hazard to PSE's systems. PSE shall, except In Iha event of an emergency, prior to the exercise of such r/gh~ Identify such treas and make a reasonable effort to give Owner prior noUce that such trees wm be cut, trimmed, removed or disposed. Owner shall be antiUed to compensatlon lot Iha actual market value of merchantable ~bar (tt any) cut and removed from the Property by PSE. 4. Restorallon. FollGWlng Initial Installation, repair or extension of Its facilities, PSE shell, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property allucted by PSE's work to the condition existing Immediately prior to such work, unless said work was dona at the request of Owner, In which case Owner shall be responsible tor such restoraiion. All restoration whieh Is the responslblllty of PSE shall be per1Drmed aa soon as reasonably poslible &lier the cornpletlon of PSE'a WOl1I and shr.11 be coon!lnatad with Owner ID 89 to cause the minimum amount of dlsrupdon to Owner's use of the Property. s. Owner'• Uee of easement Area. Owner reserves the right to use the Easement Area for any purpose not Inconsistent with the rtghts herein granted, provided, however, Owner shall not excavate within or othelwlse change the grede of the Easement Area or construct or maintain any buildings or structurea on the Easement Area and Owner shall do no blasting within 300 feet of PSE'a facilities without PSE's prior written consent &. Indemnity. PSE agrees to Indemnify owner from and against llabillty Incurred by Owner as e result of the negligence of PSE or Its contractors In the exsrclse of the rights hateln granted to PSE, but nothing herein s~ell require PSE to Indemnity Owner for that portion of any such llablltty attrlbutable to the neg/lganca ol Owner or tne negHgence of othens. 7. Tenn/nation. The rights herein granted shall continue undl such time ea PSE terminates such right by written inatrumenl If terminated, any Improvements remaining In the Easement Ania shall become the property of Owner. No termination &hall be deemed to have occurred by PSE's failure to lnste/1 Its aystams on the Easoment Araa. 8. Succeeaore and A111gne. PSE shall have the right to easlgn, apportion or othelWlsa transfer any or all of Its nghta, benefits, prtvlleges and Interests arising In and under Ihle easement. Without nmitlng lhe generality of the foragotng, the nghts and obllgattona of the partln shall be binding upon their respective auccessorB and aaa/gns. uo oa, & Electrlc Easement 2013 WO# 101095880 I RW-093829 / Talbot & 55th Page2of3 ,I" • ' . DEPARTMENT OF COMMUlffl'V AND ECONOMIC DEVELOPMENT --------•Renton® WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS RECEIVED Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov WAIVED MODIFIED LAND USE PERMIT SUBMITTAL REQUIREMENTS: BY: BY: MAY O 3 2016 - \..II T Ut l'<CI~ IUI'< pOOJ'lilli4si'DT~fSION Arborist Report 4 l.ilh Lilii~ ·1+: no Mlf {)JW. vP--· Biological Assessment, Calculations 1 Colored Maps for Display, Construction Mitigation Description ,ANo, Deed of Right-of-Way Dedication 1 Density Worksheet, Drainage Control Plan 2 rn. '-"' Drainage Report, ~ r- Elevations, Architectural, ANO, ' Environmental Checklist, Existing Covenants (Recorded Copy) 1 ANO, Existing Easements (Recorded Copy) lANo, Flood Hazard Data 4 Floor Plans 3ANo, Geotechnical Report ,ANo, ""' ., Grading Elevations & Plan, Conceptual, (C. h-,, Grading Elevations & Plan, Detailed 2 (.%2. ~ Habitat Data Report 4 I Improvement Deferral 2 Irrigation Plan 4 PROJECT NAME: ,55...J.I\ "t: Tu I rul- DATE: 3/J(a/fi.? I H:\CED\Data\Forms·Templates\Setf.Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 08/2015 'I r; • • LAND USE PERMIT SUBMIITAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual, Landscape Plan, Detailed 4 · Legal Description 4 Letter of Understanding of Geological Risk 4 Map of Existing Site Conditions 4 Master Application Form, Monument Cards (one per monument) 1 Neighborhood Detail Map, Overa II Plat Plan , Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions {PMTs), Post Office Approval 1 Plat Name Reservation 4 Plat Plan, Preapplication Meeting Summary, Public Works Approval Letter, Rehabilitation Plan, Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan , AND, Stream or Lake Study, Standard 4 Stream or Lake Study, Supplemental, Stream or Lake Mitigation Plan 4 \~/ 1 Street Profiles 2 (~ Title Report or Plat Certificate 1•No• Topography Map, Traffic Study 1 m Tree Cutting/Land Clearing Plan 4 I VvO lt'Yi1\f\Qrf-J 11\t>\rr(S rive, ~.hg-J Urban Design Regulations Analysis, Utilities Plan, Generalized 2 f--D Wetlands Mitigation Plan, Final 4 ' Wetlands Mitigation Plan, Preliminary 4 2 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 08/2015 Confirmation of'Tompliance with all Conditio~s)of Plat Approval The conditions of approval for the Talbot & 55th Avenue plat per the Hearing Examiners Decision dated March 7th, 2013 have been met via Engineered and City Approved Construction Drawings and are as follows: l. Open space tract has been placed in a separate tract, dedicated to the homeowner's association for continued maintenance consistent with KCC 21A.14.200. 2. The open space tract does not exceed a 5 percent grade maximum. 3. The recreation space plan has been approved by the Planning Project Manager and complies with all requirements of the King County Code, including KCC 21A.14.180. 4. A landscape and irrigation plan consistent with KCC 21A.16.115 has been provided and approved by the Planning Project Manager. 5. The wetland tract has been designed to comply with the wetland mitigation requirements in KCC 21.A.24.340 and an evaluation was prepareci'by a qualified professional identifying compliance with the requirements of KCC 21A.24.340 and approved by the Planning Project Manager. 6. An access road and easement for the City to access Sanitary Sewer Manhole #3 has been designed and built per the approved construction drawings and will be recorded with the final plat. 7. Two private access easements shall be recorded at the time of final plat recording for the Sanitary Sewer System and the Storm Water Detention facility. 8. A tree retention plan was not required according to the KCC16-82-156. 9. The wetland tract will be recorded on the face of the final plat and the Home Owner's Association has been created so that each land owner in the subdivision shall have a shared undivided interest in the NGPE tract. 10. The City staff has ensured that this proposal complies with the City's concurrency regulations and all off-site traffic impacts have been adequately mitigated. Talbot & 55th Avenue Final Plat Documents 5.2.16 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • RECEIVED MAY O 3 2016 CITY OF RENTON PLANNING DIVISION BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Talbot and 55th Preliminary Plat LUA08-043, PP ) ) ) FINAL DECISION ) ) ) ) ) ________________ ) SUMMARY 16 The Applicant requests preliminary plat approval for a 17 lot residential subdivision. The preliminary 17 18 plat is approved with conditions. TESTIMONY 19 Vanessa Dolbee, Renton Senior Planner, stated the application is for a preliminary plat at Talbot and 20 55th St. The site has been subject to a settlement agreement, MT Development LLC v. Renton. The agreement vests the project to King County's 2007 code and waives processing and city impact fees. 21 The site is a vacant lot located in the SE comer of Talbot Road S and S 55th St. It is approximately 2.91 acres and within the urban residential King County Comprehensive plan designation and R-6 22 zone. The proposal is for 17 lots and 3 tracts with a density of 5.8 dwelling units per acre. The lots 23 range from 4,000 to 6,900 sq ft. The three tracts are for stormwater drainage, wetland, and open space. The site contains a 1400 sq ft, category 4 wetland, per King County Code. This wetland 24 designation requires a 50 ft buffer. A new public road off of S 55th St will provide access to the site. The project proposes frontage improvements aiong both Talbot Rd and 55th st· with 1300ft of 25 dedication. An additional 17000ft of dedication would be provided via the new public access road. The landscape plan was not provided with the application materials. The project is exempt from 26 SEP A review under King County regulations because it is less than 20 Jots. No public or agency PRELIMINARY PLAT-1 , • comments were received. The proposal is consistent with relevant King County Comprehensive policies and will be compliant with zoning regulations if all of the conditions of the project are 2 followed. On-site recreation space is proposed at 390sq ft per lot, and a 6, 700sq ft of open space tract 3 is proposed. The applicant did not provide details of the open space, but King County Code requires two play areas, one being a tot-lot. The project's tree requirement is one for every 40ft of frontage. 4 Significant trees within the interior of the development should be retained at a rate of JO trees per acre or 5 percent, whichever is greater. Based on a site visit, there are very few trees on the property that 5 meet King County's definition of a significant tree. A wetland delineation report dated March 26, 6 2012 was prepared and noted that a portion of the on-site wetland extends into the Talbot Rd right-of- way. There is a planned 50ft wetland buffer; however, the frontage improvemenis along Talbot Rd 7 will impact this buffer. Tiris impact requires mitigation of a rate of 1: I. Police and fire staff have indicated that sufficient resources exist to provide for the new residences. Kent School District can 8 accommodate any new students as well. New water and sewer lines would be required as part of the 9 development. An open pond will provide water quality as dictated by 2005 King County Surface Water Design Manual. Staff recommends approval of the application, subject to the nine conditions Jo listed in the staff report. Moving the sidewalk to the east would not mitigate the wetland buffer impact and would require portions of the sidewalk to move off-site. One condition of approval is that 11 a recreation plan be provided. Tiris plan would include details on the proposed play areas. 12 Bryan Kaleb, on behalf of applicant, stated that the applicant agrees with all conditions set forth by 13 city staff. 14 EXHIBITS 15 Exhibits 2-14 listed on page 2 of the February 19, 2013 Staff Report, in addition to the Staff Report 16 itself (Ex. 1), were admitted into evidence during the public hearing. Staff's power point presentation was admitted as Ex. 15. 17 18 19 20 21 22 23 FINDINGS OF FACT Procedural: I. Applicant. MT Development, LLC. 2. Hearing. The Examiner held a hearing on the subject application on February 19, 2013 in the City of Renton Council Chambers. J. Project Description. The applicant requests preliminary plat approval for a 17 lot residential 24 subdivision. The proposal is vested to 2007 King County development standards per a Settlement 25 Agreement dated October 9, 2007, MT Development, LLC v. Renton, Ex. 13. The subject parcel is located in the SE comer of S 55th St. and Talbot Road S. and consists of 2.91 acres. The gross 26 density of the site would be 5.80 dwelling units per acre. The site is currently vacant, vegetative PRELIMINARY PLAT-2 , • • 1 · cover consisting mainly of brush and grass. The proposed lot sizes will range from 3,920 SF to 2 3 6,919 SF and would include a detention water quality pond in "Tract 999". The proposed plat also would contain two other tracts for wetlands and open space. The development would be accessed via a new road dedicated to the City consisting of I 8,249 SF, with ingress and egress at S. 55th St. 4 ending in a cul-de-sac. The applicant submitted a wetland reconnaissance indicating a Category IV Wetland, that will be protected by a 50 foot buffer. 5 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate 6 infrastructure and public services. Specific public infrastructure and services are addressed as follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. Water and Sewer Service. Water and sewer service will be provided by the City of Renton. There is an existing 12" DI water main located in Talbot Rd_ S. The applicant will be required to install an 8 inch DI water main in S 55th St., from Talbot Rd. S along the full frontage of the parcel being developed to the east property line. In addition, the applicant will be required to install a 12 inch DI waterline in Talbot Rd. S. connecting to the existing 12 inch main in Talbot Rd. S. at S. 55th St. and extend it in Talbot Rd. S to the south property line of the proposed plat. Furthermore, an extension of an 8 inch main in the new public internal road will be required from the south end of the cul-de-sac to the west, connecting with the new I 2 inch main to be installed in Talbot Rd. S. There is an existing 8" sanitary sewer main in S 55th St. and in Talbot Rd S. The installation of a sanitary sewer main in the new public street is required, in the approximate vicirrity of new Lot 5, extending the main to the west to SSMH #5, thus elirrrinating the diagonal run shown on the conceptual sewer plan from SSMH#6 (Exhibit 7). In addition an access road for the City along with an easement shall be provided from Talbot Rd. S. to allow for a drivable surface to SSMH #3. Staff recommends this access be provided as a condition of approval. Individual side sewers will be required to be installed to serve the new lots, dual side sewers will not be allowed. B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furrrish services to the proposed development. Typically the application would be required to pay code required impact fees, however due to the settlement agreement, the applicant is not required to pay fire impact fees. C. Drainage. Under existing conditions the site drainage infiltrates as the site is currently undeveloped and forested. The storm drainage and TESC standards for the project are established by the 2005 King County Surface Water Manual (KCSWM). The development site is required to meet both detention and water quality improvements. PRELIMINARYPLAT-3 ' 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 • The applicant submitted a Preliminary Technical Information Report ('TIR") prepared by Insight Engineering Co., dated December 5, 2012 (Exhibit 12). Based on the provided TIR the applicant is proposing to develop an open pond to meet the detention requirements and a bio-swale downstream of the proposed detention pond to provide adequate water quality. The applicant has proposed to tight line the outflow from the detention facility to the existing storm system in Talbot Rd. S. The project would maintain the site's natural drainage pattern. A final storm drainage report would be required to be submitted with formal construction permit application. D. Parks/Open Space. KCC 2 IA.14.180 governs the standards for parks and open space. It requires 390 square feet per lot for the project, totaling 6,630 square feet. The proposal exceeds this requirement by providing for 6,710 square feet. However, as discussed in the staff report, the proposed recreation/open space fails to meet maximum grade requirements and expressly meet other KCC 21A.14.180 code requirements as well. Since sufficient space is set aside to satisfy open space/recreational requirements, the more specific requirements ofKCC 2IA.14.180 can be met by a condition requiring the preparation of recreation space plan for review and approval by staff. E. Streets. The applicant proposes to make frontage improvements along Talbot Rd. S and S. 55th St. as well as to construct a new internal cul de sac. Staff have determined the proposed street improvements comply with King County Road Design and Construction Standards -2007. The improvements include sidewalks and street lighting. The staff report does not contain any assessment of trip generation or impacts to off-site traffic facilities. Normally such impacts would at the least be assessed by traffic impact fees, but those fees have been waived as consideration for the settlement of a lawsuit pertaining to the project. See Ex. 13. It is understood that City staff likely considered off- site traffic impacts and did a concurrency analysis. However, since there is no trip study in the record and no suggestion that off-site impacts were considered, the conditions of approval will address this issue. F. Schools. The staff report concludes that it is anticipated that the Kent School District can accommodate any additional students generated by this proposal at the following schools. A School Impact Fee, based on new single-family lot, will be required in order to mitigate the proposal's potential impacts to the Kent School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $5,486.00 per single family residence. The settlement agreement waives all PRELIMINARY PLAT -4 I 2 3 • • City fees including impact fees, however the School District fee is not a City fee, but a School District fee, therefore, the subject impact fee would still be assessed as a part of the subject project. 5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed 4 in Finding of Fact No. 4, the proposal provides for adequate infrastructure and is served by adequate 5 public services. There are no critical areas on site except for a Category TV wetland. The wetland has been delineated and fifty foot buffers have been integrated into the proposal as required by King County regulations. As noted in the staff report, some Talbot Road frontage improvements do encroach into the fifty foot wetland buffer, but this type of encroachment is authorized by King County regulations. As further noted in the staff report, p.8, further wetland impact analysis and compensation is necessary to assure that the wetland will not be adversely affected by the encroachment. Since there is adequate space in the proposed plat to accommodate any reasonably 6 7 8 9 necessary buffer compensation, the analysis and compensation will be made a condition of approval. 10 Aesthetics of the proposal will be addressed to the extent authorized by applicable regulations by the imposition of conditions that require tree retention and landscaping plans to ensure consistency with King County tree retention and landscaping requirements. 11 12 13 14 15 16 Conclusions of Law 1. Authority. RMC 4-7-020(C) and 4-7-050(0)(5) provide that the Hearing Examiner shall hold a hearing and issue a final decision on preliminary plat applications. 2. Zoning/Comprehensive Plan Designations. The subject property is vested to the 2007 King 17 County zoning designation ofR-6. See Ex. 13. 18 19 3. Review Criteria. As agreed in the settlement agreement that applies to this case, See Ex. 13, King County development standards in effect in 2007 apply to the proposal. King County development standards do not segregate discretionary review standards from those that typically 20 apply during engineering review, but instead simply require compliance with a laundry list of both discretionary and ministerial standards. See KCC l 9A.08.060. One of those standards is Chapter 58.17 RCW, which contains the discretionary level of review standards required of all Washington cities and counties. In particular, RCW 58.17 .110 sets the "adequacy of infrastructure" criterion, which is the heart of discretionary subdivision review and the one criterion that the King County hearing examiner focuses upon in its preliminary plat decisions. See, e.g., King County Hearing Examiner Shultz Preliminary Plat Decision, LOOP0005. Consequently, review of the proposed preliminary plat will be limited to application of RCW 58.17.J 10, with the understanding that staff 21 22 23 24 25 has found compliance with the other standards identified in KCC l 9A.08.060 as far as necessary for 26 preliminary plat design and that final compliance will be determined and enforced through PRELIMINARY PLAT-5 ' 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 • engineering review and the final plat approval process. Further, as discussed in the findings of fact, the engineering standards of KCC l 9A.08.060 are often used to assess the adequacy of improvements assessed under RCW 58.17.110. It is also determined that the proposal is consistent with the King County Comprehensive Plan, as determined in the staff report, the findings and conclusions of which that pertain to the Comprehensive Plan are adopted by this reference as if set forth in full. The applicable subdivision criterion, RCW 58.17.110, is quoted below in italics and applied by a corresponding conclusion oflaw. RCW 58.17.110(1): The city, town. or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys. other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds. and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. 4. Consistency with RCW 58.17 .110. The proposal provides for adequate infrastructure as required by RCW 58.17.110 as determined in Finding of Fact No. 4. The public interest and public health, safety and welfare will be served by the proposal because it will' not create any significant adverse impacts as determined in Finding of Fact No. 5, is served by adequate infrastructure and public services and provides for housing and for the reasonable development of land. DECISION J 8 ·Toe proposed preliminary plat is approved, subject to the following conditions: 19 20 21 22 23 24 25 26 1. The open space shall be placed in a separate tract and that tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with KCC 21A.14.200. 2. The applicant shall re-design the grading plan, to provide an open space tract that does not exceed the 5 percent grade maximum. The updated grading plan shall be submitted for review and approval by the Current Planning Project Manager, prior to construction permit issuance. 3. The applicant shall provide a recreation space plan for review and approval by the Current Planning Project Manager with the construction permit application. The recreation space plan shall be approved prior to construction permit issuance and shall comply with all requirements of the King County Code, including KCC 21A.14.180. PRELIMINARY PLAT-6 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 • • 4. A landscape plan and irrigation plan consistent with KCC 21A.16.l 15 shall be provided for review and approval by the Current Planning Project Manager with ihe construction permit application. The landscape plan shall be approved prior to construction permit issuance. 5. The applicant shall redesign the wetland tract to comply with the wetland mitigation requirements in 21A.24.340 and provide an evaluation prepared by a qualified professional identifying compliance with the requirements of 21A.24.340 prior to construction permit issuance. The updated wetland tract and associated mitigation documents shall be approved by the Current Planning Project Manager prior to construction permit issuance. 6. An access road and easement shall be provided for the City to Sanitary Sewer Manhole #3. Such access shall be from Talbot Road S and be constructed of a drivable surface. Review and approval of the access design shall be completed by the Plan Review Project Manager prior to construction permit issuance. The access easement shall be recorded with the final plat. 7. The two private access easements shall be recorded at the time of final plat recording. 8. The applicant shall provide a tree retention plan which is in compliance with the KCCJ 6- 82-156 for review and approval by the Current Planning Project Manager prior to construction permit issuance. 9. The. wetland tract shall be placed in a Native Growth Protection tract and shall be recorded on the face of the plat. 1n addition, a Home Owner's Association shall be created and each land owner of the subdivision shall have a shared undivided interest in · the NGPE tract. 10. If not done so already, City staff shall ensure that the proposal complies with the City's concurrency regulations and that all off-site traffic impacts have been adequately mitigated. DATED this 7th day of March, 2013. \s\ Phil 0/brechts (Signed on'gina/ in official file) Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-11 O(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 e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-IIO(E)(8) and RMC 4-8-100(0)(4). A new fourteen (14) day PRELIMINARY PLAT -7 2 3 4 5 6 7 8 9 JO 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 m valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT-8 • DEPARTMENT OF COMMUNITY ·----::'.'.=---::: -----~Renton® AND ECONOMIC DEVELOPMENT ENVIRONMENTAL CHECKLIST A. BACKGROUND Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov 1. Name of proposed project, if applicable: Ta/bat & 55'h Avenue Plat 2. Name of applicant: Talbot Road, LLC 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: Phil Nelson 12505 Bel-Red Rd., Suite 100 Bellevue, WA 98005 (206) 714-4939 April 21, 2016 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): 10/15/2015-4/15/2016 RECEIVED MAY O 3 2016 CITY OF RENTON PLANNING DIVISION 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 1 C:\Users\Phil\Documents\Arbor Ridge\Talbot Road LLC\Final Plat\Environmental Checklist\Environmental Checklist.docRev: 08/2015 • • 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Wetland analysis and mitigation on the SW corner of the site. Storm water control calculations and treatment plans approved by the city. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Not to the knowledge of applicant. 10. List any government approvals or permits that will be needed for your proposal, if known. City of Renton approvals for the roadway, utility, tract areas, landscaping, storm water detention facility, an offsite improvements of the project. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Final Plat application for a 17 lot single family residential subdivision on a 2.91 acre property. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The South East corner of Talbot Road South and South 55"' Street. 1920 97'h Avenue South Renton, WA 98055 (Legal description, section, township, range, site plan, vicinity map, topographic map attached as "Exhibit A") B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (check or circle one): 2 Flat, rolling, hilly, • steep slopes, mountainous, other: • A grade change from the West property boundary up to the East Property boundary of approximately 36 feet over an approximate 352 foot span. b. What is the steepest slope on the site (approximate percent slope) 19.4% with an average slope of 11.26%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Sandy loam with clay. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not to the knowledge of applicant. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. 2.63 acres was graded and trenched for utility installation per the approved construction drawings and all back fill sources per the city of Renton approved sources and materials. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur from the result of clearing and the erosion control measures practiced by the BMP's of the contractor under the supervision of a Certified Erosion Control Lead, to the satisfaction of the city officials per the approved construction drawings. g. About what percent ofthe site will be covered with impervious surfaces after project construction (for example, asphalt or buildings) 68,410 square feet, 1.57 acres, 54% 3 • • h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Silt Fencing, straw mulch & wattles, storm drain inlet protection, rock check dams and plastic covering stock piles were enacted during construction to control erosion. 2. AIR a. What types of emissions to the air would result from the proposal during constructionL operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Emissions from the construction machinery was from gas or diesel power and approximate quantities are approximately 45 working days of 3 machines at a rate of 8 hours a day. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Not to the knowledge of the applicant. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Best Management Practices for the construction and operation of the machines was observed by the contractor and city officials for the work performed. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Not to the knowledge of the applicant. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not to the knowledge of the applicant. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 4 • • Not to the knowledge of the applicant. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Per the direction of the Storm Water Pollution Prevention Plan all water leaving the site was diverted and stored in a Baker Tank and discharged into the Sanitary Sewer System per the King County Industrial Waste program for construction dewatering at a batch rate of an average of 53,000 gallons a day during a rainy day with a rainfall amount of l inch. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Not to the knowledge of the applicant. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not to the knowledge of the applicant. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No wells exist to the knowledge of the applicant. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None to the knowledge of the applicant. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 5 • • Per the direction of the Storm Water Pollution Prevention Plan all water leaving the site was stored in a Baker Tank and discharged into the Sanitary Sewer System per the King County Industrial Waste program for construction dewatering at a batch rate of an average of 53,000 gallons a day during a rainy day with a rainfall amount of 1 inch. 2) Could waste materials enter ground or surface waters? If so, generally describe. The approved TESC plan was followed to limit and prevent from any waste materials entering the ground or surface waters. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. None to the knowledge of the applicant. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: Silt Fencing, straw mulch & wattles, storm drain inlet protection, rock check dams and plastic covering stock piles were enacted during construction to control erosion. 4. PLANTS a. Check the types of vegetation found on the site: __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other __ shrubs X grass _X_pasture __ crop or grain __ orchards, vineyards or other permanent crops. _x_wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other _X_other types of vegetation: Blackberry Bushes b. What kind and amount of vegetation will be removed or altered? 2.85+/-acres a/ blackberry bushes were mawed. c. List threatened and endangered species known to be on or near the site. 6 • • None to the knowledge of applicant. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The landscaping plan and wetland mitigation was constructed per the approved set of plans for the project. e. List all noxious weeds and invasive species known to be on or near the site. None to the knowledge of applicant. 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: Birds: hawk, heron, eagle, songbirds, other: ...,S::.:o::.:n.,.,q.,b,.,_ir,.,d""s'--------- Mammals: deer, bear, elk, beaver, other: _..,D::.:e::.:e,.,_r ________ _ Fish: bass, salmon, trout, herring, shellfish, other---------- b. List any threatened and endangered species known to be on or near the site. None to the knowledge of applicant. c. Is the site part of a migration route? If so, explain. Not to the knowledge of applicant. d. Proposed measures to preserve or enhance wildlife, if any: Not applicable. e. List any invasive animal species known to be on or near the site. None to the knowledge of applicant. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. 7 • • Natural gas and line power are the energy needs that have been provided for the future construction of single family homes. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not to the knowledge of applicant. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not to the knowledge of applicant. 1) Describe any known or possible contamination at the site from present or past uses. None to the knowledge of applicant. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. New natural gas lines were installed to service the 17 home sites. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None to the knowledge of applicant. 4) Describe special emergency services that might be required. None were required during the construction of the site. 5) Proposed measures to reduce or control environmental health hazards, if any: 8 • • Not applicable. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Of/site traffic on Talbot Road and South 591' Street is heavy during commuting times and the hours of operation approved by the city for construction activities was followed onsite. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Construction activity ond equipment used for trenching, backfilling and grading for utilities, roadway improvements, material delivery trucks, building a storm water facility, telephone pole relocates, landscaping and street light installation during city approved hours were followed. 3) Proposed measures to reduce or control noise impacts, if any: Best Management Practices were followed by contractor ond their sub-contractors for the construction of the site. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Single Family Residential. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? Not to the knowledge of applicant. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: 9 • • Not to the knowledge of applicant. c. Describe any structures on the site. None. d. Will any structures be demolished? If so, what? Not applicable. e. What is the current zoning classification of the site? Vested as R-6 Single Family Residential under King County Code. f. What is the current comprehensive plan designation of the site? Vested as R-6 Single Family Residential under King County Code. g. If applicable, what is the current shoreline master program designation of the site? Not Applicable. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. A wetland delineation flagged and identified a small l,274 square foot Class IV slope wetland originating from the slopes above the parcel. A total of l,153 square feet of the wetland is contained within the property boundaries. i. Approximately how many people would reside or work in the completed project? Approximately 51 people will reside in 17 single family homes within the completed project. j. Approximately how many people would the completed project displace? None to the knowledge of the applicant. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. 10 l • • I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Construction per the observation by the city of approved construction drawings. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: Not applicable. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 17 middle income single family homes. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Impervious surface area requirements per the city of Renton code, impact fees and building permit fees established from city of Renton code, limited by a settlement agreement awarded to the original applicant. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Per the city of Renton code. b. What views in the immediate vicinity would be altered or obstructed? None to the knowledge of applicant. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. 11 • • 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not to the knowledge of applicant. c. What existing off-site sources of light or glare may affect your proposal? None to the knowledge of applicant. d. Proposed measures to reduce or control light and glare impacts, if any: None to the knowledge of applicant. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? A playground tract and open space tract was constructed per the approved construction drawings. b. Would the proposed project displace any existing recreational uses? If so, describe. None to the knowledge of applicant. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: A playground tract and open space tract was constructed per the approved construction drawings. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. Not to the knowledge of applicant. 12 • • b. Are there any landmarks, features, or other evidence of Indian or historic us or occupation? This may include human burials or old cemeteries. Is there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Not to the knowledge of applicant. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Not applicable. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Wetland Buffer Mitigation Plan prepared by Genesis Resource Consulting and approved by city as referenced in the approved construction drawings. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Access to the project is off of South ssth Street and the main arterial to HWY 167 is via Talbot Road South and South 43n1 Street. South ssth Street heading East past the project turns into South East 192"d which will be a future lane of travel for the future homeowners shopping needs. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Yes. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? Per the city of Renton code for 17 single family home sites, each with 2 car garage spaces and 18' wide by 20' deep driveway areas. 13 • • 68 total off-street parking spaces. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). Street, sidewalk, curb, gutter and utility improvements per the approved construction drawings along South 55'1' Street, Talbot Road South and the newly created 97'1' Avenue South within the project. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Nat applicable. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? The Institute of Transport Engineers trip generation rate far a single family dwelling is 9.52 trips per day and is the Average Daily Traffic rate. The PM Peak hour rate is 1.00 trip per single family dwelling. Site generated traffic volumes were calculated using data from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, {2009). g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Not to the knowledge of applicant. h. Proposed measures to reduce or control transportation impacts, if any: Traffic control plans were submitted to and approved by the city for construction activities. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. 14 • • Yes, the 17 single family residences, to be built in the future, will require a need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. Impact and building permit fees are a requirement for future building of the homes within the plat. 16. UTILITIES a. Check or circle utilities currently available at the site: X electricity, X natural gas, Xwater, X refuse service, X telephone, X sanitary sewer, septic system, X other a private storm water treatment facility b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water, Sewer services provided by the city of Renton. Power and gas services provided by Puget Sound Energy. Refuse service provided by Waste Management. Cable and Telephone provided by Comcast. Installed as approved and inspection by the city of Renton. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Proponent Signature: __ /""'if-~---.,..~"'r'--~ ...... '---~---------- Name of Signee (printed): Phil Nelson Position and Agency/Organization: Managing Member of Talbot Road, LLC Date Submitted: 4/25/16 15 . ' • • RECEIVE GENESIS RESOURCE CONSULTING M . D AYO 3 2016 LAND DEVELOPMENT & ENVlRONMENTAL SPECT,\USTS 142 Lamprecht RoaJ Winlock,\\',\ 985% GRc1 ,nsulcing@Ijuno.c<Jm 360-520-1847 Fax 360-785-0-173 WETLAND BUFFER MITIGATION PLAN TALBOT & 55TH PRELIMINARY PLAT PARCEL 793100015106 RENTON WASHINGTON, KING COUNTY PREPARED FOR: MT DEVELOPMENT 11625 Rainier Ave South Seattle, Washington 98178-3983 206-772-2300 PREPARED BY: Genesis Resource Consulting 142 Lamprecht Rd Winlock, Washington 98596 360-520-2847 Tune 24, 2013 Signed by Genesis Resource Consulting Wetland Specialist: CITY OF REN"' PLAN •ON NING DIVISION / Date lune 24 2013 . • MI DwellJpn1tnl Talbot & 55th Af.itig,alion Plan. GtntsiI &rourct CDnn1lting TABLE OF CONTENTS • Background .................................................................................................................... 3 Mitigation Goals and Objectives ................................................................................... 3 Performance Standards .................................................................................................. 4 Planting Plan ............................................................................................................... 5-6 Planting Specifications & Project Schedule .................................................................. 6 Monitoring and Maintenance Plans ........................................................................... 6-7 Integrated Pest Management .................................................................................... 7-11 Soil Erosion and Grading BMP's ............................................................................ 11-13 Contingency Plans ................................................................................................... 13-14 MAPS Sheetl Sheet 2 Shcet3 Vicinity Map Wetland Buffer Detail Planting Plan Detail • Aff Development Talbot & 55m Mitigation Plan. Gmui.s Ruource Co,uultin,g BACKGROUND • Parcel 793100015106 is currently undeveloped and does not contain structures or dwellings. This parcel is located at Talbot Rd S & 192"' St Renton, WA. This is an approximate 2.91 acre parcel. The current zoning is Residential. RESOURCE CONCERNS Genesis Resource Consulting completed a wetland delineation on .L\1arch 26, 2012 that was reviewed and accepted with modifications June 15, 2012. This delineation flagged and identified a small 1,274 sq' Class IV slope wetland originating from the slopes above the parcel. A total of 1,153 sq' of the wetland arc contained within the property boundaries. The wetland would require a 50' standard setback under King County critical areas code. MITIGATION GOALS AND OBJECTIVES The overall goal of this plan is to develop mitigation measures that will meet the requirements of King County Code 21A.24.340 as stipulated in section 5, City of Renton Hearing Examiner final decision dated March 7, 2013. This final approved plan requires a reduction to the 50' buffer for necessary road improvements to Talbot Road. The buffer will be reduced by 2,406 sq feet along the southwest boundary and increased by 2,442 sq feet along the East and Northeast wetland boundary. This mitigation plan will detail enhancement and mitigation measures that will provide compensatory mitigation for impacts associated with reducing the buffer adjacent to Talbot Road. Based on the existing conditions at the project site, the following mitigation measures are proposed. 3 1. Enhance the mitigated wetland buffer area (2,442 sq') to the class IV wetland by establishing a native vegetation corridor, conducive with site and soil conditions, surrounding the wetland boundary at lot 11 and 12. This vegetat..ion v.rill provide for habitat and screening from outside disturbance. To complete this mitigation measure, 50 trees and 50 shrubs will be established \\~thin the mitigated wetland buffer. • • lWT Development Talbot & 556 Afih""gation Plan. GenwI Rr1ount Comu!ting PERFORMANCE STANDARDS These performance standards will be used to evaluate whether the project's goals and objectives are being met. Since this is a small bndov.rner site, the proposal is for the landowner to be responsible for meeting the performance standards and reporting any required information to the jurisdictional authority. 4 I.) The survival rates for woody species and desired recruitment species \\.1thin the mitigation buffer area will be as follows: a) Y car One: 100% survival of planted woody species and desired recruitment species. b) Year Two: 85o/o survival of planted woody species and desired recruitment species. c) Year Three: 70% survival of planted woody species and desired recruitment species. 2) lt is expected that the plant species best adapted to the site conditions within the mitigation areas will exhibit the highest survival rates within additional numbers of those plant species occurring over the course of the monitoring period and through natural recruitment. Therefore, the overall species composition within the mitigation area may change over time. 3) Herbaceous species survival rates shall be based on overall plant cover. The performance standards for herbaceous species are as follows: a) Year One: 15% cover from planted herbaceous species and desired recruitment species. b) Year Two: 50% cover from planted herbaceous species and desired recruitment species. c) Year Three: 80% cover from planted herLaceous species and desired recruitment species. 4) Invasive Plant Species: a) Some of the mitigation area currently contains invasive plants species. Control should be conducted utilizing the methods given in the "Integrated Pest Control" section of this plan. b) During the second and third years of the monitoring period, any areas of reed canarygrass or thistle over three feet in diameter or blackberry ( other invasive woody vegetation) over frve feet in diameter shall be removed. • MT Devtlopmmt Talbot & 55Jb Mitigatio11 Plan. Grnuis Rt.ro11m CottJH!ting • plant stock with extra watering will be used to ensure that plants become adequately established. Planting Guidelines. For bare-root stock, excavate a hole large enough in diameter to accommodate the plant roots without restriction. Plants will be held in place with the top of the root mass at ground level. Topsoil will be backfilled around the roots and lightly tamped to remove any air pockets in the soil. For containerized plants, excavate a hole, 1 1/2 times the size of the containerized root mass and plant as above. Cuttings shall be planted using a planting bar. Two-thirds of the cutting should be below the soil surface. Future maintenance shall consist of scarification (by hand) to keep the 1-foot diameter area around the plantings free of herbaceous vegetation until they are well established. If the soils are not saturated, each plant should be watered at the time of planting. Supplemental watering (3-4 times during the summer season) may also be required to ensure plant survival and mitigation succeSs. PROJECT SCHEDULE Project construction activicies in the riparian mitigation area are expected to occur in the fall- winter of 2013-2014 upon acceptance of this plan. The expected time to complete the plantings is one to two weeks. All plantings '-1.i.11 be monitored during the first growing season following the initial planting (2014), and then for the next two growing seasons. MONITORING AND MAINTENANCE PLANS The following actions will be implemented as part of the monitoring and maintenance plan on this site: 1. The initial plantings will be completed or under the supervision of GRC to ensure that correct planting procedures are followed and that plantings are done according to the planting scheme. 2. Prior to the installation of the plantings, invasive plant removal shall occur. Ibis includes the removal of plant species. 3. GrounJ preparation shall occur in sections of the mitigation area that do not contain sufficient topsoil or do contain excessive amount of cobble, boulders, or fill materi3.l. In these areas, the material shall be removed and replaced with a layer of organic topsoil to a depth of at least 12 inches. Silt fence shall be installed on the streamside of any topsoil placement. 4. Monitoring of all planted areas shall begin once the mitigation site is established and shall continue at least once each year during three successjve growing seasons during the late spring or summer time period. A report documenting the monitoring results will be submitted to the City of Rent.on annually. ~This report will identify deficiencies in the enhancement progress a1~d any contingency measures that will be taken to correct those 6 • • AfT Dwtlopmtnl Talbot & 55UJ A1iti!,ation Plan. Guruis Rtsourre Co,uy/fing 4. Stabjljze Soils • All exposed and unworked soils should be stabilized by application of effective B:rvfP's, which protect the soil from the erosive forces of raindrop <;:on tact and flowing water. • From October 1 through April 30, no soils should remain exposed and unworked for more than 2 days. From May 1 to September 30, no soils should remain exposed and unworked for more than 7 days. • Applicable practices include, but are not limited to, sod and other established vegetative cover, mulching, plastic covering, and the early application of gravel base on areas to be paved. • Soil stabilization measures should be appropriate for the time of the year, site conditions, estimated duration of use, and potential water quality impacts that stabilization agents may have on downstream waters. • Soil stockpiles should be stabilized and protected with sediment trapping measures. 5. Protect Slo.ies • Cut and fill slopes should be designed and constructed in a manner that will minimize erosion. • Consider soil type and its potential for erosion. • Reduce slope runoff velocities by reducing continuous length of slope with terracing and diversions, reduce slope steepness, and roughen slope surface. • Divert upslope drainage and run-on waters from off-site with interceptors on top of slope. Off-site stormWater should be handled separat~ly from stormwater generated on the site. Diversion of off-site storrnwater around the site may be a viable option. • Provide drainage to remove groundwater intersecting the slope surface. • Excavated material should be placed on the uphill side of ttenches, consistent with safety and space considerations. • Flow retention barriers should be placed at regular intervals within trenches, which are cut down a slope. • Stabilize soil on slopes. 6. Protect Drain Inlets u • All storm drain inlets made operable during construction should be protected so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. • All approach roads should be kept deani and all sediment and street wash water should not be allowed to enter storm drains without prior and adequate treatment. • • AJT DtvtlopmmtTafbor e:., ... 55m Mitigation Plan. GuufiI &soNm ConsHlting, deficiencies. Photographs taken from established photo-stations v.,ill be included with these reports. 5. Monitoring '-Vill be achieved using fixed vegetation sampling stations within areas representative of the plant communities being established. These monitoring stations would be used for the duration of the monitoring program. At each monitoring station, fixed-point photos v.,ill be taken annually to document the condition of the enhanced areas. Photographs \1,.,ill be taken at all locations established during the compliance monitoring site visit and thereafter each year of the: monitoring period from the established photo points. If the planted stock does not survive, but native naturally colonizing plant species replace them, then the project may be judged to meet the threshold criteria for successful plant community establishment. 6. To ensure planting success, the Applicant will be responsible for performing minor maintenance over the monitoring period. This will include the selective removal of undesirable plant species such as blackberry or reed canarygrass that may be hindering the growth and establishment of the favored plant stands. Undesirable plant species will be removed by hand or in accordance with the recommendations of the local \Veed Control Board. An area, 1-foot in diameter surrounding each planted woody species, \1.1ill be kept free of competing vegetation. Tbis can be accomplished either by scarif,;ng the area by hand or through the use of weed-control rings. 7. Maintenance of the mitigation area may include irrigation. If necessary, a temporary above ground irrigation system capable of watering the entire enhanced buffer zone area v.,ill be installed. INTEGRATED PEST MANAGEMENT Control methods for the invasive plant species that are most prevalent on the site are given below. Control of these or any other invasive plant species on the site with the use of herbicides must be coordinated with a wetland professional familiar with this project and the King County Weed Control Board. Only persons possessing a valid aquatic herbicide applicators license shall administer herbicide applications. 7 Canada thistle (Cirsium arve1u;e) Canada thistle is a competitive perennial broadleaf weed with an extensive spreading root system. Canada thistle was introduced into North America in the late 1700's from Europe. Canada thistle can be controlled by chemical, mechanical and biological methods. Tbe above ground portion of the plant commonly reaches heights of 2 to 5 feet. The roots can extend up to 17 feet horizontally from the stem and 20 feet below the soil • • MI Deve«Jpment Talbot & 55ro Mitigation Plan. GmuiJ R£Jo11m Con:u/Jing 8 surface, although most of the roots are in the top 15 inches of the soil. Canada thistle reproduces from seeds as well as from the root system. The first true leaves from seed or root system are thick and covered with short, bristly hairs. Leaf margins are v..'avy and irregularly lobed. Each lobe ends in a sharp prickle. On older plants the leaf lobes become more pronounced and prickles become longer and thicker. I.eaves are alternate on the stem, and base of each leaf surrounds the stem. Stems do not have spines or prickles on them. Canada thistle flower heads are flask-shaped; '/,to';\ inches in diameter, and contain many small tubular flowers. Male and female flowers are found in separate heads and on different plants. Flower color varies from white to purple; most flowers are rose-purple. Each flower head produces about 50 seeds and an average stem bears 12 to 14 flowers. Seeds are attached to a whitish tuft of hairs called pappus, which aids in seed dispersion by wind. Flowering occurs from June through October. Seeds exhibit very little dormancy, which means they can germinate shortly after being dispersed. Canada thistle seeds can ge.nninate the year it is produced. Seeds can remain viable in the soil for 20 years. Canada thistle is adapted to a wide range of soil conditions. Seven to nine weeks after plant emergence as seedlings the root system can produce runner roots capable of producing new shoots. These new shoots develop from adventitious root buds. Tillage equipment can cut an established root system into several pieces, which can initially produce dense stands of Canada thistle. Repeated cutting of the root system can deplete food reserves. Herbicide Control: Control of Canada thistle witl1 herbicides is decreased when plants arc under moisture stress. If plants are wilted or soil moisture appears poor in the upper 1 foot of soil, it is desirable to delay herbicide application until after rainfall has occurred. The two most effective times for herbicide application to Canada thistle are at the bud stage and during regrowth in the fall. Herbicides such as Garlon 2-4-D, Roundup, or Touchdown have been successfully used for Canada thistle control. However, in order to control Canada thistle, each individual plant must be treated. Recommended Treatment Rates: Glyphosate ROUNDUP /TOUCHDOWN AT 1 TO 2 qt/acre TWO APPLICATIONS PER SEASON; one in June after flower buds are formed and before flowers open and a second on regrowth when it reaches 8 to • • .MT Dtve«Jpmtnt Talbot & 55t!i Mitigation Plan. Genui.J &somu Conm/Jing 9 10 inches tall mid-season or 6 to 8 inches tall in September and early October. Applications of I to I 1/2 qt/acre applied twice (initially and then on regrowth) will be more effective than a 2 to 3 qt/acre single dose. Persistence is the key to a successful Canada thistle control program. Multiple herbicide treatments must be used to achieve control. Control measures that can be used for at least two to three successive years should be chosen. Biologica) Contra): Applications of the beetle Cassida rnbignosa are effective in controlling Canada thistle. The larvae and adults of this beetle feed on the stems and foliage of Canada and musk thistle. Overwintering adults begin feeding and laying eggs in early spring. Feeding is continuous until well after the first frost. Plants are often severely defoliated by this hardy and effective beetle. Himalayan blackber,;y IRµbur discolor) and evetgreen blackberry CR. laciniaM,/ Rxbus discolor and R laciniatus are robust, sprawling, more or less evergreen, gland.less shrubs of the Rose Family (Rosaceae). These shrubs appear as large mounding thickets v..ith some of the canes standing up to 9 feet tall. Other canes lie along the ground surface with erect or rising tips, trail or climb up to 20-40 feet, frequently taking root at the tips. Mechanical Control With proper management, areas infested with R discolor and R laciniatus can be restored to more desirable vegetation. Mechanical removal may be the most effective way of removing the mature plants. Subsequent treatment with herbicides should be conducted cautiously for two reasons: (1) both species of blackberries often grow in riparian areas such as that those that occur in the mitigation area and the herbicide 1nay be distributed to unforeseen locations by running water, and (2) some herbicides promote vegetative growth from lateral roots. Hand Pulling: This method may be used to destroy seedlings and young plants up to 6 feet tall. Seedlings are best pulled after a rain when the soil is loose. This facilitates removal of the rooting system, which may resprout if left in the ground. Plants should be pulled as soon as they are large enough to grasp but before they produce seeds. • • MT Dewlopment Talbot & 5511, Mitigation Plan. GenuiJ Ruoum Consulting 10 For plants up to 12 feet tall a claw mattock is effective for removing the root crowns. The claw loosens the soil around the root, and the plant is pulled out in the same way that a claw hammer is used to pull out nails. Cutting:_ Manually operated tools such as brush cutters, power saws, axes, machetes, loppers and clippers can be used to cut blackberries. 1bis is an important step before many other metl1ods are tried, as it removes the aboveground portion of the plant. In addition, for thickly growing, multi- stemmed shrubs such as blackberries, access to the base of the shrub may not only be difficult but dangerous where footing is uncertain. An advantage of cane removal over foliage herbicides is that cane removal does not stimulate sucker formation on lateral roots. However, removal of canes alone is insufficient to adequately control blackberries, as the root crov.rn \.Vl.ll simply resprout and produce more canes. Hand Digging: The removal of rootstocks by hand digging is a slow but sure way of destroying blackberries, a weed which resprouts from its roots. The work must be thorough to be effective as every piece of root that breaks off and remains in the soil ·may produce a new plant. Such a technique is only suitable for small infestations and around trees and shrubs where other methods are not practical. Biological Competition Sowing native plant species which have the potential to out-compete weedy exotics for important resources is usually a preventive method of weed confrol. In the case of the wetland mitigation area, the native shrub and tree plantings will eventually grow to a height, which will shade the blackberries and help with their control. In most cases blackberries prevents the establishment of other native plants and must be initially removed. Following physical removal of mature plants, root crov..ns must be treated to prevent resprout:ing. Seedlings of native plant species usually cannot establish fast enough to compete 'Wlth sprout growth from untreated blackberry stumps. Biological Control The USDA will not support the introduction of herbivorous insects to control blackberries due to the risk these insects may pose to commercially important &,bus species. Herbicide Control • • AfT DewWpmml Ta/bot & 55m M£tigatinn Pian. Gemsit Rtsouru Consulting Control of blackberries is the same as that of Canada thistle. TI1e two most effective times for herbicide application to blackberries are at the bud stage (after a berry has formed -late spring to early summer) and during regrowth in the fall. Herbicides such as Garlon 2-4-D, Roundup, or Touchdo'\\;n have been successfully used for blackberry control. After initial treatment and wilting of leaves, the understory of the blackberry thicket should be seeded with a 60 / 40 mixture of perennial ryegrass (Loli11m pmnne) and annual ryegrass (I.. m11/tiforum). The ryegrass will establish a rapid vegetative cover underneath the defoliated blackberry canopy within 7 to 10 days prior to the germination of blackberry seeds already in the soil, which require at least 20 days for germination. Recommended Treatment Rates: Glyphosate ROUNDUP /TOUCHDOWN AT 1 TO 2 qt/acre 'IWO APPLICATIONS PER SEASON; one in June after flower buds are formed and before flowers open and a second on regrowth when it reaches 8 to 10 inches tall mid-season or 6 to 8 inches tall in September and early October. Applications of 1 to 1 1/2 qt/acre applied twice (initially and then on regrowth) will be more effective than a 2 to 3 qt/ acre single dose. SOIL AND EROSION CONTROL BMP'S FOR DEVELOPMENT PHASE NEAR WETLANDS AND BUFFERS 1. Mark Clearing Limits: Prior to beginning earth disturbing activities, including clearing and grading, all clearing limits, easements, setbacks, sensitive areas and their buffers, leave trees, and drainage courses should be clearly marked to prevent damage and offsite impacts. 2. Establish Construction Access • Construction vehicle access and exit should be limited to one route if possible. • Access points shaU be stabilized with quarry spall or crushed rock to minimize tracking of sediment onto public roads. • Wheel wash or tire baths should be located on-site. • If sediment is transported onto a road surface, the roads should be cleaned thoroughly at the end of each day. Sediment should be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing should be allowed only after sediment is removed in this manner. • Street wash wastewater should be controlled by pumping back on-site., or otherwise be prevented from discharging into systems tributary to state surface waters v.'lthout prior and adequate treatment. 3. Install Sediment Controls 11 • Prior to leaving a construction site, stormwater runoff should pass through a sediment pond, sediment trap, or other appropriate sediment removal BMP. • Sediment ponds or traps, vegetated buffer strips, sediment barriers or filters, dikes, and other BMP's intended to trap sediment on-site should be constructed as one of the first steps in grading. These B.MP's should be functional before other land disn,rbing activities take place. • • MT Dew!tJpmenl Talbot & 55/b Mitigatian Plan, Genuis &so11rre ConJulting ' 4. Stabilize Soils • All exposed and unworked soils should be stabilized by application of effective B:MP's, which protect the soil frotn the erosive forces of raindrop contact and flowing water. • From October 1 through April 30, no soils should remain exposed and unworked for more than 2 days. From May 1 to Septem}?er 30, no soils should remain exposed and unworked for more than 7 days. • Applicable practices include, LuL are not limited to, sod and other established vegetative cover, mulching, plastic covering, and the early application of gravel base on areas to be paved. • Soil stabilization measures should be appropriate for the time of the year, site conditions, estimated duration of use, and potential water quality impacts that stabilization agents may have on downstream waters. • Soil stockpiles should be stabilized and protected with sediment trapping measures. 5. Protect Slopes • Cut and fill slopes should be designed and constructed in a manner that will minimize erosion. • Consider soil type and its potential for erosion. • Reduce slope runoff velocities by reducing continuous length of slope with terracing and diversions, reduce slope steepness, and roughen slope surface. • Divert upslope drainage and run-on waters from off-site with interceptors on top of slope. Off-site stormwater should be handled separatdy from stormwater generated on the site. Diversion of off-site storm water around the site may be a viable option. • Provide drainage to remove groundwater intersecting the slope surface. • Excavated material should be placed on the uphill side of trenches, consistent \\l;th safety and space considerations. • Flow retention barriers should be placed at regular intervals within trenches, which are cut down a slope. • Stabilize soil on slopes. 6. Protect Drain Inlets u • All storm drain inlets made operable during construction should be protected so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. • All approach roads should be kept clean, and all sediment and street wash water should not be allowed to enter storm drains without prior and adequate treatment. ---------• • MT Drvelopmtnt Talbot e..~ 55 11, Mitigation Plan. Genesis &scmm Co1wdting 7. Control Pollutants • All pollutants, including waste materials and demolition debris, that occur on-site during construction should be handled and disposed of in a manner that does not cause contamination of stormwater. • Cover, containment, and protection from vandalism should be provided for all chemicals, liquid products, petroleum products, and wastes present on the site. • Maintenance and repair of heavy equipment and vehicles invoh~ng oil changes, hydraulic system drain down, solvent and de-greasing cleaning operations, fuel tank drain down and removal, and other activities which may result. in discharge or spillage of pollutants to the ground or into stormwater runoff should be conducted under cover and on impervious surfaces. These surfaces should be cleaned immediately following any discharge or spill incident. • \Vheel wash, or tire bath wastewater, should not be discharged to the storm drain, or the on-site stormwater treatment system. • Application of agricultural chemicals, including fertilizers and pesticides, should be conducted in a manner and at application rates that will not result in a loss of chemical to stormwater runoff. Manufacturers' recommendations should be followed for application rates and procedures. 8. Maintain B:MP's • All temporary and permanent erosion control and sediment control BMP's shall be maintained and repaired as needed to assure continued performance of there intended function. All maintenance and repair shall be conducted in accordance with BMP's. • All temporary erosion and sediment control BIVlP's should be removed \Vl.thin 30 days after final site stabilization is achieved or after the temporary BMP's are no longer needed. Trapped sediment should be removed or stabilized on site. Disturbed soil areas resulting from removal ofB1vJP's or vegetation should be permanently stabilized. CONTINGENCY PLANS Contingency plans are designed to identify potential courses of action, and any corrective measures 10 be taken when monitoring indicates project goals are not being met. In general, the contingency measures for this site are as follows: I. Replacement Plantings Replacement plantings will be made throughout the monitoring period if monitoring reveals that unacceptable plant mortality has occurred. Woody species will be re-planted to the original number of plants proposed in the accepted mitigation plan annually throughout the duration of the monitoring and maintenance period. 2. Planting Plan Modifications Modifications to the planting plan (i.e., plant species and densities) will be made if monitoring identifies problems with the original planting scheme. For example, if annual monitoring identifies that plant mortality is attributed to 13 • • MT Drvrkpmcnt Talbot & 55m Mitil,ation P/Jn. Genui1 Ruoum ConJU/ring an inappropriate hydrologic regime, the replacement plantings should be made using a more suitable plant species. Any recommended changes to the planting scheme \Vill be documented in the annual monitoring report. The addition of any new plant species, not already included in this mitigation plan, must be approved by King County. 3. Soil Erosion Any areas demonstrating soil erosion problems will be restored as soon as possible. If there does not appear to be a problem ,dth the original design, the eroded areas will be restored by replacing any lost topsoil and replanted according to the original planting scheme. 4. The plant communities included in this mitigation plan contain a variety of species representing a wide range of hy<lrologic regimes (facult.ative uplanJ to facultative wetland). It is expected that as the plant community evolves, the i!1dividual species will become established in the appropriate hydrologic regime. This may result in a plant distribution that varies slightly from the planting scheme detailed in this plan. This should not be viewed as a failure unless these variations result in unacceptable plant mortality or otherwise jeopardize the overall wetland functions and values. If monitoring identifies that the site is persistently wetter or drier than expected, and this variation is causing unacceptable plant mortality, then changes in the planting scheme will be made as described above (i.e., Planting Plan Modifications). 14 th Pl ' ' • ~ ,1',8th St PARCEL LOCATION GENESIS RESOURCE CONSULTING LAND DEVELOPMENT & ENVIRONMENT AL SPECIALISTS 142 Lamprecht Road Winlock, WA 98596 GRconsul1ing@juno.com 360-520-2847 • I-·---- • MT DEVELOPMENT TALBOT & 55TH N WETLAND BUFFER MITIGATION PLAN SHEET! VICINITY MAP ·--- ..... . I I • 2,406 sq' of Class IV Wet- land Buffer to be moved for road improvement l /• ,, \ GENESIS RESOURCE CONSULTING LAND DEVELOPMENT & ENVIRONMENTAL SPECIALISTS 142 Lamprecht Road Winlock, WA 98596 GRconsulting@juno.com 360-520-2847 • • Mitigated Wetland Buffer Area 2,442 sq' No net loss of wetland buffer MT DEVELOPl\'lENT TALBOT & 55TH WETLAND BUFFER MITIGATION PLAN SHEETZ WETLAND BUFFER DETAIL • N 11 • Planting density: 20 trees and 20 shrubs/ 1,000 sq. ft. Tree Species Plant Form Minimum Size Oregon ash (Fraxinus Bare Root 18-24" lati(olia) Western red cedar Bare Root 12-18" (J"huia olicata) Total Shrub Species Plant Form Minimum Size Red-osier dogwood Bare Root 2-3' (Cornus sto/onifera) Vine maple {Acer rcina-Bare Root 2-3' tum) Indian plum (Oemleria Bare Root 1-2' cerasiformis) Nootka rose (Rosa nut-Bare Root 1-2' kana) Total GENESIS RESOURCE CONSULTING LAND DEVELOPMENT & ENVIRONMENT AL SPECIALISTS 142 Lamprecht Road Winlock, WA 98596 GRconsulting@juno.com 360-520-2847 Minimum SnaciM 10' o.c. 10' o.c. Minimum Soacin~ 5' O.C. or clustered 5' o.c 5'0.C. 5' o.c. • Planting area at west boundary lot 11 Required Num- her 25 6 25 () 50 Required Num- ber 10 --y- 20 ... 10 * 10 • t 50 N MT DEVELOPMENT TALBOT & 55TH WETLAND BUFFER MITIGATION PLAN SHEET3 PLANTING PLAN DETAIL • • RECEIVED ,.......!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!w!!!!A!!!!T!!!!E!!!!R!!!!s!!!!H!!!!E!!!!D!!!!!!!!!!!!!D!!!!YN!!!!!!!!!!!!!AMI!!!!!!!!!!!!!!!!!c!!!!s!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ffffi, u lj zo 1 39004-258'h Avenue SE, Enumclaw, WA 98022 TEL 360.825.9253 CEL~6)§5als~T >N -· DATE: September 18, 2014 HARD COPY SENT: X YES NO E-MAIL: santhosh@insightengineering.net E-MAIL COPY SENT: X YES NO TRANSMITTAL PAGES SENT INCLUDING COVER PAGE: 2 plus attachment SUBJECT: Review of Proposed Wetland Buffer Impact Mitigation Mr. Santhosh J. Moolayil, Project Manager TO: Insight Engineering, Inc. 2804 Grand Avenue, Suite 308 Everett, Washington 98026 . FROM: Larry D. Bumstad, Senior Environmental Consultant :f.J' ~ i' . PROJECT NAME: Talbot Road and S. 55"' Place Subdivision r PROJECT City of Renton Construction Permit No. U 13003422 NUMBER: Watershed Dvnamics Proiect No. 2014016 ' As requested I have reviewed the March 26, 2012 Wetland Delineation Report prepared by Genesis Resource Consulting (GRC). I have reviewed your May 13, 2014 draft memo to Mr. Kamran Yazdidoost, Plan Reviewer, City of Renton, with specific emphasis on Page 5 of that memo the City's comments focused on "Wetland Mitigation". I have reviewed the plan sheet you've provided showing the location of the wetland in the southwest comer of the project site as well as the associated wetland buffer impact mitigation area. Lastly, I have visited the site to familiarize myself with the wetland area delineated by GRC as well as the associated buffer. The following are suggested replies to the City's wetland mitigation comments that you reiterated on page 5 of your 05/13/14 memo. I have copied each of the City's comments verbatim from your letter and my suggested response is provided in italics after each comment: 2. Wetland Mitigation a. The mitigation area identified to extend behind Lot 11 would provide little benefit to the wetland as it is significantly removed from the location of the wetland itself. Pursuant to ,-v 1 .. • KCC21A.24.325C.2.b the additional buffer shall be contiguous with the standard buffer. '-'1 .y or Rentoo , ··,•nn,,-,_! O . .;;,::;c;r~esponse: In response to your concerns regarding the buffer migration area previously shown on the south end of Lot I I, I have modified the site plan to ensure all of the buffer mitigation area is contiguous with the existing, w,disturbed portion of the wetland buffer. The buffer mitigation area shown on the revised plans is mitigation for the buffer area on the west side of Tract 997, which was unavoidably disturbed to accommodate City required.frontage improvements. b. A sewer line is proposed through the wetland buffer, new utility corridor, or utility facilities are allowed in buffers provided it is limited to pipelines, cables wired and support structures and that there is no alternative location with less adverse impact on the critical area and its buffer, the applicable KCC regulations (KCC21A.24.045D.34) shall be reviewed and addressed in an impact evaluation by a qualified professional. Memo to Mr. Santhosh J. Moolayil -September 18, 2014 -Page I .) • • Response: We have tried our level best to keep the utilities out of the buffer. The proposed sewer through the buffer is due to the elevation conslraints to serve lots I I and I 2. The proposed wafer line rhrough the buffer is due to the loop connection to the existing water line on Talbot Road per Ciry requirement. The proposed connection is the only way due to the setback from the sewer line and drainage vault. All of the disturbance required to install these utility lines wirhin the proposed buffer mitigation area will occur prior to the installation of native plants as shown on the proposed planting plan (see Pian Sheet C-4). lnstallatio11 of native plants, which is a requirement of the King County Code under which this project is vested, will be scheduled to occur after the plants are in their "'winter dormancy" to reduce the risk of plant mortality due to planting shock. This means the plants will be installed in the buffer mitigation area during November or December (after utility installation has been completed) depending upon weather conditions. Tempora1y irrigation, in the form of standard '!.-inch hoses connected to "rain-bird'. type broadcast sprinklers, will be operational as needed for two years starting in the spring of the year following planting. Two hose bib connections will be installed in the water line located within the buffer mitigation area at the locations shown on the current plan sheets. That completes my suggested responses to the comments from the City's planning department staff. have attached a copy of the suggested planted plan for you to transfer onto Plan Sheet C-4. I noted Comment 2b indicated the need for review by a qualified professional. In the event there should be a question regarding my qualifications, I would offer the following: I have a B.S. in Biological Sciences with emphasis on Fish and Wildlife Management from California State University in Sacramento, California. I was awarded my degree in Jun 1974. 1 worked for the U.S. Forest Service as a Hydrologist and Fisheries Biologist from 1974 through 1983. l worked in north Idaho, southwestern Colorado, eastern Oregon, and western Washington during that 10 year period. Much of my duties involved the evaluation of proposed timber sale and road locations with an emphasis on the identification and delineation of wetland and stream habitats as well as critical wildlife habitat areas. I was charged with evaluating the habitat characteristics and the potential adverse impacts associated with timber harvest and road construction activities. I was also charged with monitoring habitat and water quality impacts associated with existing land use activities and was responsible for developing mitigation plans to alleviate the intensity of those impacts. I started my consulting practice in 1984 while completing my MBA at Seattle University and was awarded my MBA in August 1985. My emphasis area was Natural Resource Economics and my thesis dealt with positive economic incentives intended to induce alternative timber harvest practices in stream and wetland buffers on private forest lands. I have been a private consultant since 1984. My practice emphasis has been on wetland and stream habitat identification and delineation as well as preparation and implementation of wetland and stream habitat impact mitigation/restoration plans/projects. I have provided professional services to both private and public sector clients in Washington, Oregon, Idaho, Colorado, and California during the past 30 years. I can provide references if the City requires that as part of their evaluation of my work on this project. Memo to Mr. Santhosh J. Moolayil -September 18, 2014 • Page 2 .• . , • / ,· _,,: . ,ti . / /' 1 . ·I ., /,. _./~ I',•• /' /' / ' . ··1 I ' . ' •. ,,.1,(. ·:.; ,: .. _, ~ ./_I_,::_;'"--- \ ~,;_i_cJl_li!k_:~_a_m_l..' !'~1.·u<lr,i~up;i mc111i..:~ii Rh:1mnu~ pur.,hlan;t 0,1ahon1:i aquifo!ium Rihc;; san!,uincum S} 111ph,1ricarpo:-. a!bt;, '· '; • -------, _ ~~ ----,·-~- -· -· ----"'· _r-J..--;: ' . ----. .' / ; ' ('11mn10n Name __ _ Uougla\ fir tall Orq::.un gr ape r..:d-!lov.c11ri:; currant .~1u11\hcrr: . -'ir>Ai.rllL __ .Silc ___ f2uan1itv __ Svmhol 16" 0.C. 5 g:.illnn S l'S,\I iro.c 5 gallon 12 P.J IP -I. (J.C. 2 gallon " '.I 4. f I.( 2 ga!lnn 12 I< 4. (J.( 2 gal/rm 24 ' ;,· 20151112001611.001 RECEIVED MAY O 3 2016 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 / EST .06W Bellevue, WA 98009-9734 + PUGET SOUND ENERGY REFERENCE #: GRANTOR (Owner): TALBOT ROAD, LLC 11~111111 ii! llli~III ~, !~!~JG ~~~~N 20151112001611 PUG!iT u-11 EN EAS 75 .ee PAGE-41 0 883 11/lZ/ IS 14:1115 KING COUNTY, 11A EASEMENT ORIGINAL GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of Lot A, BLA No. L05L0092, K.C. Rec. No. 20060523900010 ASSESSOR'S PROPERTY TAX PARCEL: 793100.0151 For end in consideration of good and valuable consideration, the receipt and sufficiency of whieh are hereby acknowledged, TALBOT ROAD, LLC, a Washington limited liability company ("Owne(' herein), hereby granls and conveys to PUGET SOUND ENERGY, INC., a Weshlngton corporation ("PSE'' herein), for the purposes dascribed below, a nonexclusive perpetual easement over. under, along across and through the follOWing described real property (the "Property" herein) In King County, Washington: LoT A OF BOUNDARY LINE ADJUSTMENT NUMBER L05L0092, RECORDED ON MAY 23, 20061/NDER KING COUNTY RECORDING NllMBER 20060523900010. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of lhe Property ("Easement Area" herein) described as follows: EASEMENT No. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY, (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT NO. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF•WAY. EASEMENT NO. 3: A STRIP OF LAND 5 FEET IN WIDTH HAVING 2.5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO ee CONSTRUCTED, EXTENDEO OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY BEINO PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALLEYWAYS AND PRIVATE DRIVES. UG Gas & Electrtc Easement 2013 WO# 101095980 I RW-093929 / Talbot & 55th Page 1 of3 EXCiSE TAX NOT REQUIRED ;~~~~- LisaLOhlen _.,.. / • 20151112001611.002 1. Purpose. PSE shall haye the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches end transformers for electricity; pipes, pipelines, mains, laterals. conduits. regulators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or ell of the foregoing. Following the lnltlal construction of all or a portion of Its systems, PSE may, from time to time, construct such eddltlonel facilities es tt may require for such systems. PSE shall have the right or access to the Easement Area over and across the Property to enable PSE to exercise its rights granted In this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the righ~ but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shaO also have the right. but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the estab!lshment and growth of brush, trees or other vegetation in the Easemenl Area. 3. Trees Outelde Easement Area. PSE shall have the right to cut, trim remove and dispose of any traes located on the Property outside the Easement Area that could. in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except In the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cu~ trimmed, removed or disposec. owner shall be entitlec to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial Installation. repair or extension of its facilities. PSE shall. to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing Immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. AU restoration which Is the responsibility of PSE shall be performed as soon as reasonably possible after the oompletion of PSE's work and shall be coordinated wtth OWner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not Inconsistent wilh the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's r&cilltles without PSE's prior written consent 6. Indemnity. PSE agrees to Indemnify Owner from and against liability incurred by C>Nner as a result of the negligence of PSE or its contractors in the exenclse of the rights herein granted to PSE. but nothing herein shall require PSE to indemnify Owner for that portion of eny such liability attributable to the negligence or Owner or the nagligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. ff termlnated, any improvements remaining in the Easement Area shall become the property of Ownar. No tarmination shall be deemed to have occurrec by PSE's failure to Install Its systems on the Easement Araa. e. Succeasoni and Asalgns. PSE shall have the right to assign. apportion or othalwise transfer any or all of its rights, benefits, privileges and interests arising in end under this easement. Without limiting the generality of the foregoing, the rights and obligations of tha parties shall be binding upon their respective successors end assigns. UG Gn & S!&ctrtc Easement 2013 WO# 101095980 / RW,093929 / Talbot & 55th Page 2 of3 r . ., I • • DATED this / () -nt day of No //eJ!tl;e/2,, OWNER: TALBOT ROAD, LLC, a Washington llmlted llablllty company By:~~~ STATE OF WASHINGTON COUN1Y OF ~N~ ) ) ss ) 20151112001611.003 • , 20-1.S_. On this lo day of ffel".&1!140-, 20 /~-, before me, the undersigned, a Notary Public in and for the State of Washington, duty commissioned and swom, personally appeared Ph ,(, " 4 · llflS. •e:' , to me known to be the person(s) who signed as Qll!li,•ri 'Hl6 W ti<& Rut , of TALBOT ROAD, LLC, the Washington limited liability company that executed the wtthin and foregoing Instrument, and acknowledged said instrument to be his / her free and voluntary act and deed and the free and voluntary act and deed of said limited llablltty company for the uses and purposes therein mentioned; and on oath stated that he / she was authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (SJ£~No~f~ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ;:. ,aA&t ~,, My Appointment Expires: -2-l&f-Zot 8' Notary seal, text and all notations must be Inside 1· margins UG Gas & Electric Easement 2013 WO# 101095980 / RW--093929 / Talbot & 55th Page 3 of 3 DEPARTMENT OF CO.UNITY AND ECONOMIC DEVELOPMENT DENSITY WORKSHEET Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property 2. Deductions: Certain areas are excluded from density calculations. These include: Public Streets* Private access easements* Critical Areas** !f:i fdl'5 square feet -~3~, ~r,,~o~3~-square feet ~/~Zc...,7,_.Z~9~{ __ square feet RECEIVED MAY O 3 2016 square fe61TY OF RENTON PLANNING DIVISION Total excluded area: ;:,,f 703 square feet ~~'-'---"'--- 3. Subtract line Z (total excluded orea) from line l 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 for net density *Alleys (public or private) do not have to be excluded. 9'2 // 1 square feet --'-'e=.J-'-'--''--- __ t:-===-·-'/-'f __ acres 17 units/lots ------ __ ::_f}_._:::0_.,,0:::..__ = dwelling units/ a ere ••critical Areas are defined as "Areas determined by the City ta be not suitable for development ond 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 H :\CEO\Data \Forms-Templates \Self-Help Handouts \Plan n ing\de ns ity. doc Rev: 02/2015 J t ' • ® RECEIVED MAYO 3 2016 <Ing County CITY rn: D Department of Developmen~rRd 1:n~ir'itrtfll.tQftlervices Land Use Services Division NNING DIVISION 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TTY 206-296-7217 • Subdivision Density and Dimension Calculations Alternative formats available upon request =•= ..... == File Number (To be filled in by DOES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre-application conference. Worksheet Prepared By .. _ _;;; ... 1.._...___lJ="'_.·-""'-=----Date·. ---·;_"-" ..... /_-:_·::_.;, __ ;;""',::,_:,';;"''~--·--~-h'~i:--oi ·<'&f'.. (Print Name) Subdivision Name: c:.:::-•• :.:_: t!.:] Ji_. ,1·, ', ''i.\, ;,_. "j"' ~---~ ,_,.~ _f-·"t. ~ ... » .,.. (.\"«., ~---~ Comprehensive Plan Land.Use Designation: U /-,'\. ·• 1.:11,;;;.1\,~-,,\ l''.c::.~.1r, .. ~:.,•,t·i.'~"'- ··J1 r Zoning: __ \,_-._···,-''·-~ .... '---------------------- If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A.12.200. Please complete only the applicable portions of this form I. Site Area (K.C.C. 21A.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights-of-way. ;;... --···---~--~ : .. -·'-.. -. ., Calculation: • • r2: G!J~lJ;;::;: Gross horizontal area of the project site (":· )~_( _ Total submerged lands and rights-of-way I!. ::C:>-19~. Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 · Z, t"!, P, Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) II. Base Density IK.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. le\! du/acre Ill. Allowable Dwelling Units and Rounding IK.C.C. 21A.12.070}: The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 -.040 tables). --z. i;~p, site area in acres (see Section 1.) X (,, base density (see Section II) = l'"··1.:.i:, allowable dwelling units It, L.:i'1'::":.c H-'.t;:., ~~·,10::fTl.J: .. N,B.-S/ ·' ' tt&iitt..,t.::h.'s.t_;.j~l'I ( Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up: and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2. 75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E)). • • multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre. and mixed use must provide recreational space as follows: 90 square feet X ___ proposed number of studio and one bedroom units 170 square feet X proposed number of two bedroom units + 170 square feet X proposed number of three or more bedroom units + Recreation space requirement = Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X \ J proposed number of units = Mobile home parks shall provide recreational space as follows: 260 square feet X ___ proposed number of units = V. Net Bulldable Area (K.C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I) less the following areas: + + + + + = "!') areas within a project site which are required to be dedicated for public rights-of-way in --~-excess of sixty (60') of width (jl sensitive areas and their buffers, to the extent they are required by King County to . . remain undeveloped ~ 4,1 S'.$ areas required for above ground stormwater control facilities including, but not limited to. retention/detention ponds, biofiltration swales and setbacks from such ponds and swales 11'.'i areas required by King County to be dedicated or reserved as on-site recreation areas. -~~-Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C. 21A.14.180 (see Section IV) -c • .f ---·~·'~) __ regional utility corridors. and __ g;~?~i __ other areas, excluding setbacks, required by King County to remain undeveloped Calculation: r;~ S/'V)hsite area in square feet (see Section1) -\i/:J;' Total reductions = 1 ·2·:' ~Net buildable area in square feet ~JOTE: convert site area is square feet to acres by dividing by 43,560 = .,,.y ~·"'~-.... . . ·-· ,."::-:::~\. Net bu1\dable area 1n acres .I + + + + + + + = = = = • • VI. Minimum Urban Residential Density (K.C.C. 21A.12.060); The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21 A.12.030 table. The minimum density requirements _may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 2'1A.12.030(B)12.) Calculation: _""r,,,_'·'c-'' ~-base density in du/ac (see Section II) X "'.?' .. ,::::_;~:. Net buildable area in acres (see Section V) -~·1·=~'~'·~·;,~" _ X minimum density% set forth in K.C.C. 21A.12.030 or as adjusted in Section VII ( ts':-":. 7."j ·h "'.:-', • .'\ minimum dwelling units required • '°" VII. Minimum Density Adjustments for Moderate Slopes IK.C.C. 21A.12.087l: Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: ____ sq. ft 0-5% slope increment X 2.5% median slope value= ____ sq. ft 5-10% slope increment X 7.5% median slope value= + ____ sq. ft 10-15% slope increment X 12.5% median slope value= + ____ sq. ft 15-20% slope increment X 17.5% median slope value= + ____ sq. ft 20-25% slope increment X 22.5% median slope value= + ____ sq. ft 25-30% slope increment X 27.5% median slope value= + ____ sq. ft 30-35% slope increment X 32.5% median slope value= _____ + ____ sq. ft 35-40% slope increment X 37.5% median slope value= + Total square feet Total square feet ----in net buildable area adjusted for slope Calculation: ____ total square feet adjusted for slope divided by total square feet in net buildable area ____ weighted average slope of net buildable area ____ % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Areals\ of Site: 0% --less than 5% 85% 5% --less than 15% 83%, less 1.5% each 1 % of I aver aqe slope in excess of 5% 1 ~o/,.. --IQc:::c::: th~n &no;,.. fifi.0/,. IQi.:c::: ? no/,. fnr ca-::Jrh 1 0/,. nf + + + + + + + • • EXAMPLE CALCULATION FOR MINIMUf\/1 DENSITY ADJUSTMENTS FOR MODERATE SLOPES: sq. ft 0-5% slope increment X 2.5% median slope value= 10,000 sq. ft 5-10% slope increment X 7.5% median slope value= 750 + 20,000 sq. ft 10-15% slope increment X 12.5% median slope value= 2,500 + sq. ft 15-20% slope increment X 17.5% median slope value= + sq. ft 20-25% slope increment X 22.5% median slope value= + sq. ft 25-30% slope increment X 27.5% median slope value= + sq. ft 30-35% slope increment X 32.5% median slope value= + sq. ft. 35-40% slope increment X 37.5 % median slope value= + 30,000 Total square feet 3 250 Total square feet in net buildable area adjusted for slope 3 250 Total square feet adjusted for slope divided by 30,000 ,Total square feet in net buildable area = .108333 Weighted average slope of net buildable area = 11 % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% •• less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1% of average slope in excess of 5%. Since 11% is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. VIII. Maxjmum Dwelling Units Allowed IK.C.C. 21A.12.030 -.0401: This section should be completed only if the proposal includes application of residential density incentives (K.C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section Ill of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. (;, base density in dwelling units per acre see (Section 11) X 150% = __ .:....,·,-___ maximum density --,:cs;--maximum density in dwelling units per acre X 7. .'P,},::i. site area in acres = ";;i_ S , "'I maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) (,; base density in dwelling units per acre (see Section II) X 200% = l ,._ maximum_density } ' 0 )' maximum density in dwelling units per acre X ..,.j,, ~i~~:. site area in acres= ·:~.:.i~ ( __ ; maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) ,.,, base density in dwelling units per acre (see Section II) X 150% = __ -_"·'.,__1 ___ maximum density C\ maximum density in dwelling units per acre X t ... \f;;, ?~ .. , site area in acres = ·-,t. ·~·~:-· .. ~l' maximum dwelling units allowed utilizing density transfers (K.C.C. 21A.37) Calculation: + + I ·-1 base allowable dwelling units calculated in Section Ill -~~--__ '·,..'!, __ bonus units authorized by K.C.C. 21A.34 --•~:.\) __ transfer units authorized by K.C.C. 21A.37 ~-"'=·;,=:£~-,;; __ total dwellir,g !'nits (cannot exceed maximum calculated abo,·e) , . . • • IX. Minimum Lot Area For Construction (K.C.C. 21A.12.100): Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero- lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) X. Lot Width (K.C.C. 21A.12.050(B)1: Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). · • Lot Width Circle ·-·-""'-·-·"""'·-·-=-·-·-· ·-·---~-·""""·-' Lot Width Measurement DEPARTMENT OF co&uNITY AND ECONOMIC DEVELOPMENT MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS Planning Division ED 1055 South Grady Way-Renton, WA 98057 MAY O 3 2016 Phone: 425-430-7200 Fax: 425-430-7231 CITY O . f RENTON PLANNING DIV. The Post Office wants to be involved in helping you locate your mailboxes before construclf~ begins. Please call 1-800-275-8777 for the location of the Post Office that will service your plat. Then, take a copy of your plat map along with this form to the specified Post Office for their sign- off. Please submit the signed form along with your application. Property Location: / 71._Q g7TH ll:vt _ 5 Land Use Application Number: 1 H :\CED\Data \Forms-Templates\Self -Help Ha ndouts\Planning\ma ii boxreq.docx 02/2015 _I G. PS. L C)C /I c / 2 A 'Tic:;,,<./ Point coordinates for job TALBOT SC,(!CVET CO .A./77-:' o ~ CALC:S Point North East Elev Description Hz Pree Vt Pree Solution PDOP Sats lOO_GNSS 159849.843 1299177.858 153.774 Autonomous Setup -3.281 -3.281 Fix 1.4 16 l_GNSS 159940.927 1299302.983 174.669 SET PK 0.005 0.009 Fix 1.4 14 2_GNSS 159990.269 1298841.037 125.95 PK 0.004 0.008 Fix 1.3 16 6_GNSS 159900.903 1298851.004 123.67 6 0.007 0.013 Fix 1.8 14 3_GNSS 159313.88 1298866.98 114.535 3 0.006 0.012 Fix 1.6 14 5_GNSS 159295.008 1299226.955 156.152 Base Setup 0.005 0.008 Fix 1.5 15 4_GNSS 159305.406 1299028.941 130.233 Base Setup ? ? Keyedln ? ? 1 159940.945 1299302.993 174.663 SET PK ? ? Keyedln ? ? • 2 159990.275 1298841.029 125.94 PK ? ? Keyedln ? ? 3 159313.896 1298866.982 114.425 3 ? ? Keyedln ? ? 4 159305.406 1299028.941 130.233 4 ? ? Keyedln ? ? 5 159294.996 1299226.961 156.149 Autonomous Setup ? ? Keyedln ? ? 6 159900.9 1298851.016 123.678 BENCH MARK ? ? Keyedln ? ? 15 159525.258 1299254.067 154.24 FD HANSEN CAP 0.015 0.024 Fix 1.3 17 17 159915.682 1299251.086 165.655 FD HANREN CAP 0.021 0.027 Fix 1.4 13 18 159890.916 1300067.484 319.228 CASE MON 0.008 0.014 Fix 1.6 13 19 157354.305 1300147.898 343.566 CASE MON 0.017 0.029 Fix 1.4 11 576 159705.472 1298908.599 114.65 PT305 0.027 0.028 Fix 1.6 12 577 159809.53 1298908.654 114.761 PT306 0.03 0.034 Fix 2.1 10 578 159809.535 1298933. 791 114.764 PT310 0.029 0.033 Fix 2.4 10 579 159809.455 1298958.277 114.696 PT311 0.029 0.038 Fix 2.2 8 580 159705.471 1298933.714 114.844 PT301 0.021 0.024 Fix 1.2.,, Q 14 • 581 159709.471 1298952.507 114.95 PT322 0.022 0.028 Fix 1.6~ ~ f! :io m 582 159721.442 1298952.535 114.841 PT323 0.022 0.029 Fix 1.6~ 0 rt 0 0.013 G) .,, <:> m 2109 159410.313 1299015.555 129.989 FD LD TACK 0.023 Fix 1.90 ;,tJ .;g -2110 159411.66 1299046.537 132.345 FD LD TACK 0.012 0.021 Fix -m '1,; < 1.6;;j z = m 2111 159524.393 1299089.126 136.246 FD R/C LOT 2 -3 0.015 0.022 Fix -.... a,; 1.~o C z ~ N?)T€: n-11s IS' /14Y Ot:e.lG.tlf.,,!At-COORC¥Nres PRIOR ro rnovnv(:, THIS P~O.JE:CT ro /7),f7CI-,' TH£ C/7'7 OF R€N70/V. 4 MAY O 3 2016 Secretary of State I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to TALBOT & 55TH HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter docwnents are effective on the date indicated below. Date: 2/11/2016 UBI Number: 603-589-805 Given under my hand and the Seal of the State of Washington al Olympia, the State Capital ~~ Kim Wyman. Secretary of State • • FILED SECRETARY OF STATE FEBRUARY 11, 2016 STATE OF WASHINGTON 603 589 805 ARTICLES OF INCORPORATION OF TALBOT & 55TH HOMEOWNERS ' ASSOCIATION 02/11/16 3:LQC.~~- 001 Ktl;t:IVED $60.00 K tid:3178821 MAY o. 3 2016 CITY OF RENTON PL~NNING DIVISION loR THE UNDERSIGNED, acting as the incorporator of the nonprofit corporation under the provisions of the Washington Nonprofit Corporation Act (Revised Code of Washington Section 24.03 et seq.) hereby adopts the following Articles of Incorporation. ARTICLE I NAME The name of 1his nonprofi1 corporation is Talbot & 55th Homeowners Association (the "Association"). ARTICLE II DURATION The duration of the Association is perpetual. ARTICLE III PURPOSES The Association is organized to be and constitute the Association to which reference is made in the Declarations of Covenants, Conditions, and Restrictions for Talbot & 55th (the "Declaration") recorded or to be recorded in the Records of King County, Washington, to perform all obligations and duties of the Association, to exercise all rights and powers of the Association, and to do such other things as may be necessary and convenient to accomplish the purposes of the Association, as specified in the Declaration, the Association's Bylaws, Governing Documents, and as provided by law. ARTICLE IV LIMITATIONS No part of the net earnings of the Association shall inure in whole or in part to the benefit of, or be distributable to its members, directors, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in these Articles. The Association shall not engage in a regular business of the kind carried on for profit. ARTICLE V DIRECTORS A Board of Directors (the "Board") shall administer the functions of this Association. The number of directors of the Association shall be fixed by the Bylaws. The qualifications, -" • • terms of office and manner of selection of the directors, together with a time and place of their meeting, shall be prescribed by the Bylaws of the Association and the Declaration. The names and addresses of the persons who shall serve as directors until the first annual meeting of the members after termination of the Development Period and until his/her successor is elected and qualified, unless he/she resigns or is removed, are: Phil Nelson 12505 Belred RD, Ste I 00 Bellevue, WA 98005 ARTICLE VI INDEMNIFICA TJON The Association shall indemnify every officer and director authorized to act on behalf of the Association by the Board or by the Declaration against any and all expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in connection with any action, suit or proceeding if approved by the then Board to which he or she may be a party by reason of being or having been an officer and director. The ofiicers and directors shall not be liable for any mistakes of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers and directors may also be Members of the Association), and the Association shall indemnify and forever hold each officer and director free and harmless against any and all liability to others on account of any such contract or commitment. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation. ARTICLE VII DISSOLUTION The Association may be dissolved in a manner not inconsistent with the Declaration or the Washington Nonprofit Corporation Act as they are now written or as they may hereafter be amended from time to time. Any such dissolution shall require the affirmative vote of not less than two-thirds (2/3) of the votes which members present or represented by proxy at a duly called meeting of the members are entitled to cast. Upon the dissolution of the Association, other than incident to a merger or consolidation, (i) all liabilities and obligations of the Association shall be paid, satisfied and discharged, or adequate provision shall be made therefore; (ii) the remaining net assets of the Association may be distributed to the members as provided by the Washington Nonprofit Corporation Act. ARTICLE VIII REGISTERED AGENT The initial registered office of the Association is 2107 S Fruitland, Puyallup, Washington 98371 (physical address) and 17404 Meridian E., Suite F PMB 171, Puyallup, Washington ,• • • 98375 (mailing address), and the initial registered agent at such address is J and M HOA and Property Management, LLC. ARTICLE IX. NAME OF INCORPORATOR The name of the incorporator is Jim Edinger. His address is 2107 S Fruitland, Puyallup, Washington 98371. Executed on hlru.,cy ~g 2016. • • CONSENT TO SERVE AS REGISTERED AGENT J and M HOA and Property Management, LLC ("J&M"), hereby consents to serve as Registered Agent in the State of Washington for the Talbot & 55th Homeowners Association. J&M understands that as agent for the corporation, it will be its responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the corporation for which it is agent. (date) NAME OF REGISTERED AGENT: ADDRESS OF REGISTERED AGENT: J and M HOA and Property Management, LLC ~< J and M HOA and Property Management, LLC 2107 S Fmitland Puyallup, Washington 983 7 I (Physical address) 17404 Meridian E Suite F PMB 171 Puyallup, Washington 98375 (Mailing address) 1 • RECE!.D MAY O S 20\6 CITY Of RENTON PLANNING DIVISION 97 th AVE SO --------------------------------------------------------------------------- Parcel name: 97th AVE. so. North: 159931.5787 East : 1299033.3374 Line course: s 88-27-05 E Length : 131. 86 North: 159928.0152 East 1299165.1493 Line course: S 01-32-55 W Length: 10.00 North: 159918.0188 East : 1299164.8790 Line course: s 88-27-05 E Length: 24.65 North: 159917.3527 East : 1299189. 5200 curve Lenqth: 39.95 Radius: 25.00 De ta: 91-32-55 Tangent: 25.69 Chord: 35.83 course: s 45-46-27 W Course In: s 01-32-55 w Course Out: N 90-00-00 W RP North: 159892.3618 East : 1299188.8444 End North: 159892.3618 East : 1299163.8444 Line course: s 00-00-00 w . Length: 230.70 North: 159661.6618 East : 1299163.8444 curve Lenqth: 233. 55 Radius: 51. 50 De ta: 259-50-13 Tangent: 61. 55 Chord: 78.99 course: N 50-04-53 W Course In: N 90-00-00 w course out: N 10-09-47 W RP North: 159661.6618 East : 1299112.3444 End North: 159712.3537 East : 1299103.2572 curve Lenqth: 34.84 Radius: 25 .oo De ta: 79-50-39 Tangent: 20.92 Chord: 32.08 course: N 39-54-54 E course In: N 10-09-47 w Course Out: N 89-59-34 E RP North: 159736.9615 East : 1299098.8459 End North: 159736.9646 East : 1299123.8459 Line Course: N 00-00-00 E Length: 157.83 North: 159894.7946 East : 1299123.8459 curve Lenqth: 38. 59 Radius: 25.00 De ta: 88-27-02 Tangent: 24.33 Chord: 34.87 course: N 44-13-31 W course In: N 90-00-00 w course Out: N 01-32-58 E RP North: 159894.7946 East 1299098.8459 End North: 159919.7855 Length: East 1299099.5219 Line course: N 88-27-02 w 66.22 North: 159921.5761 East 1299033.3261 Line course: N 00-05-32 E Length: 10.00 North: 159931.5760 East 1299033.3422 Perimeter: 978.19 Area: 18,815.14 sq. ft. 0.43 acres Mapcheck closure -(Uses Error closure: 0.0055 Error North: -0.00267 Precision 1: 177,852.73 listed courses, radii, and deltas) course: s 61-04-12 E East : 0.00482 Page 1 ~ , • • BOUNDARY --------------------------------------------------------------------------- Parcel name: BOUNDARY North: 159931. 5787 East : 1299033.3374 Line course: S 88-27-05 E Length: 131.86 North: 159928.0152 East 1299165.1493 Line course: s 01-32-55 w Length: 10.00 North: 159918.0188 East : 1299164.8790 Line course: S 88-27-05 E Length: 86.47 North: 159915.6820 East : 1299251. 3174 Line course: s 00-05-32 W Length: 395.66 North: 159520.0225 East : 1299250.6806 Line Course: N 88-27-05 W Length: 352.62 North: 159529.5521 East : 1298898.1894 Line course: N 00-03-05 W Length: 289.28 North: 159818.8320 East : 1298897.9299 Line course: S 89-54-28 E Length: 135. 23 North: 159818.6143 East : 1299033 .1597 Line Course: N 00-05-32 E Length: 112.96 North: 159931. 5742 East : 1299033. 3416 Perimeter: 1514.09 Area: 126,818.23 sq. ft. 2.91 acres Mapcheck closure -(uses Error closure: 0.0062 Error North: -0.00456 Precision 1: 244,206.45 listed courses, radii, and deltas) course: s 42-11-30 E East : 0.00414 Page 1 • Parcel name: LOT 1 North: 159915.6820 Line Course: N 88-27-05 w North: 159917.3527 curve Length: 39.95 Delta: 91-32-55 chord: 35.83 course In: s 01-32-55 w RP North: 159892.3618 End North: 159892.3618 Line course: s 00-00-00 w North: 159851.2818 Line course: s 90-00-00 E North: 159851.2818 Line course: N 00-05-32 E North: 159915.6817 ------------------------ • LOT 1 East : 1299251.3174 Length : 61. 82 East : Radius: Tangent: Course: course out: 1299189.5200 25.00 25.69 S 45-46-27 W N 90-00-00 W 1299188.8444 1299163.8444 East East Length: 41. 08 East 1299163.8444 Length: 87.37 East 1299251.2144 Length: 64.40 East 1299251.3180 Perimeter: 294.60 Area: 5,590.12 sq. ft. 0.13 acres Mapcheck Closure -(Uses listed Error Closure: 0.0007 Error North: -0.00026 Precision 1: 420,885.71 courses, radii, and deltas) course: s 66-42-44 E East : 0.00061 Page 1 • • LOT 2 --------------------------------------------------------------------------- Parcel name: LOT 2 North: 159851.2860 Line course: N 90-00-00 w North: 159851.2860 Line course: s 00-00-00 w North: 159804.7860 Line course: s 90-00-00 E North: 159804.7860 Line course: N 00-05-32 E North: 159851.2859 East : 1299251.2138 Length: 87.37 East 1299163.8438 Length: 46.50 East 1299163.8438 Length: 87.29 East Length: 46.50 East 1299251.1338 1299251.2086 Perimeter: 267.66 Area: 4,060.88 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed Error closure: 0.0052 Error North: -0.00006 Precision 1: 51,473.08 courses, radii, and deltas) Course: S 89-19-50 w East : -0.00515 Page 1 • • LOT 3, --------------------------------------------------------------------------- Parcel name: LOT 3 North: 159804.7860 Line course: N 90-00-00 w North: 159804.7860 Line course: s 00-00-00 w North: 159759.7360 Line course: s 90-00-00 E North: 159759.7360 Line course: N 00-05~32 E North: 159804.7859 East : 1299251.1389 Length: 87.29 East 1299163.8489 Length: 45.05 Length: Length: East 87.22 East 45.05 East 1299163.8489 1299251. 0689 1299251.1414 Perimeter: 264.61 Area: 3,930.74 sq. ft. 0.09 acres Mapcheck closure -(uses Error closure: 0.0025 Error North: -0.00006 Precision 1: 105,844.00 listed courses, radii, and deltas) course: s 88-40-08 E East : 0.00251 Page 1 • • LOT 4 --------------------------------------------------------------------------- Parcel name: LOT 4 North: 159759.7382 Line course: N 90-00-00 w North: 159759.7382 Line course: s 00-00-00 w North: 159714.7382 Line course: s 90-00-00 E North: 159714.7382 Line course: N 00-05-32 E North: 159759.7381 East : 1299251.0664 Length: 87.22 East 1299163.8464 Length: 45. 00 East 1299163.8464 Length: 87.15 East 1299250.9964 Length: 45.00 East 1299251.0688 Perimeter: 264.37 Area: 3,923.31 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed Error Closure: 0.0024 Error North: -0.00006 Precision 1: 110,154.17 courses, radii, and deltas) course: s 88-37-35 E East : 0.00243 Page 1 • • LOT 5 --------------------------------------------------------------------------- Parcel name: LOT 5 North: 159714.7382 Line course: N 90-00-00 w North: 159714.7382 Line Course: s 00-00-00 w North: 159669.7382 Line Course: s 90-00-00 E North: 159669.7382 Line course: N 00-05-32 E North: 159714.7381 East : 1299250.9940 Length: 87.15 East 1299163.8440 Length: 45.00 East 1299163.8440 Length: 87.08 East 1299250.9240 Length: 45.00 East 1299250.9964 Perimeter: 264.22 Area: 3,920.04 sq. ft. 0.09 acres Mapcheck Closure -(Uses Error closure: 0.0024 Error North: -0.00006 Precision 1: 110,095.83 listed courses, radiil and deltas) course: s ~8-37-35 E East : 0.00243 Page 1 • • LOT 6 --------------------------------------------------------------------------- Parcel name: LOT 6 North: 159669.7382 Line Course: s 90-00-00 E North: 159669.7382 Line course: s 00-05-32 w North: 159624.2782 Line Course: N 90-00-00 w North: 159624.2782 Line Course: N 53-26-16 w North: 159631.1228 curve Length: 32.70 Delta: 36-22-30 Chord: 32 .15 Course In: N 53-37-30 w RP North: 159661.6658 End North: 159661.6658 Line course: N 00-03-16 w North: 159669.7358 East : 1299163.8457 Length: 87.08 East 1299250.9257 Length: 45. 46 East 1299250.8525 Length: 87.80 East 1299163.0525 Length: 11. 49 East : Radius: Tangent: course: course Out: 1299153.8236 51.50 16.92 N 18-11-15 E S 90-00-00 E 1299112.3583 1299163.8583 East East Length: 8.07 East 1299163.8506 Perimeter: 272.59 Area: 4,091.42 sq. ft. 0.09 acres Mapcheck Closure -(Uses Error closure: 0.0055 Error North: -0.00242 Precision 1: 49,563.64 listed courses, radii, and deltas) course: s 63-45-07 E East : 0.00491 Page 1 • • LOT 7 --------------------------------------------------------------------------- Parcel name: LOT 7 North: 159624.2780 Line course: N 90-00-00 w North: 159624.2780 Line course: N 53-26-16 w North: 159631.1226 curve Length: 20.09 Delta: 22-20-51 Chord: 19.96 course In: N 53-37-30 w RP North: 159661.6655 End North: 159617.6504 Line course: s 50-33-30 E North: 159613.8005 Line course: s 00-05-32 w North: 159576.8906 Line course: s 90-00-00 E North: 159576.8906 Line Course: N 00-05-32 E North: 159624.2705 East : 1299250.8484 Length: 87.80 East: 1299163.0484 Length: 11. 49 East : Radius: Tangent: Course: course out: 1299153.8195 51. 50 10.17 S 47-32-56 W S 31-16-39 E 1299112. 3541 1299139. 0921 East East Length: 6.06 East 1299143.7721 Length: 36.91 East 1299143.7126 Length: 107.06 East 1299250.7726 Length: 47.38 East 1299250.8489 Perimeter: 316.79 Area: 5,133.32 sq. ft. 0.12 acres Mapcheck Closure -(Uses Error closure: 0.0075 Error North: -0.00749 Precision 1: 42,238.67 listed courses, radii, and deltas) Course: s 03-58-57 E East : 0.00052 Page 1 • • LOT 8 --------------------------------------------------------------------------- Parcel name: LOT 8 North: 159576.8936 Line course: N 90-00-00 w North: 159576.8936 Line Course: s 00-05-32 w North: 159522.9137 Line course: s 88-27-05 E North: 159520.0193 Line course: N 00-05-32 E North: 159576.8893 East : 1299250.7721 Length: 107.06 East: 1299143.7121 Length: 53.98 East : 1299143.6252 Length: 107.10 East 1299250.6861 Length: 56.87 East 1299250.7776 Perimeter: 325.01 Area: 5,933.78 sq. ft. 0.14 acres Mapcheck closure -(uses listed Error closure: 0.0071 Error North: -0.00439 Precision 1: 45,776.06 courses, radii, and deltas) course: s 51-34-58 E East : 0.00553 ~gel • • LOT 9 --------------------------------------------------------------------------- Parcel name: LOT 9 North: 159613.8021 Line course: N 50-33-30 w North: 159617.6520 curve Length: 41.86 Delta: 46-34-26 Chord: 40. 72 course In: N 31-16-39 w RP. North: 159661.6671 End North: 159611.9915 Line Course: s 00-05-32 w North: 159524.1317 Line course: s 88-27-05 E North: 159522.9153 Line course: N 00-05-32 E North: 159613.8051 East : 1299143.7699 Length: 6.06 East: Radius: Tangent: course: course Out: 1299139.0899 51. 50 22.17 s 82-00-34 w S 15-17-47 W 1299112.3520 1299098.7657 East East Length: 87.86 East 1299098.6242 Length: 45.01 East Length: 90.89 East 1299143.6178 1299143.7641 Perimeter: 271.68 Area: 3,997.70 sq. ft. 0.09 acres Mapcheck closure -(uses Error Closure: 0.0066 Error North: 0.00304 Precision 1: 41,163.64 listed courses, radii, and deltas) course: N 62-24-04 w East: -0.00581 Page 1 • • LOT 10 --------------------------------------------------------------------------- Parcel name: LOT 10 North: 159611.9905 East : 1299098.7669 curve Len~th: 21. 74 Radius: 51. 50 oe ta: 24-11-17 Tangent: 11.04 chord: 21. 58 course: N 62-36-34 W course In: N 15-17-47 E Course out: s 39-29-04 W RP North: 159661.6660 East 1299112.3533 End North: 159621.9185 East 1299079.6060 Line course: s 61-53-05 w Length: 29.30 North: 159608.1109 East 1299053.7634 Line course: s 00-05-32 w Length: 82.76 North: 159525.3510 East 1299053.6302 Line course: s 88-27-05 E Length: 45.01 North: 159524.1346 East 1299098.6237 Line course: N 00-05-32 E Length: 87.86 North: 159611.9945 East 1299098.7652 Perimeter: 266.68 Area: 4,083.00 sq. ft. 0.09 acres Mapcheck closure -(Uses Error Closure: 0.0044 Error North: 0.00406 Precision 1: 60,606.82 listed courses, radii, and deltas) course: N 23-36-03 w East : -0. 00177 Page 1 • • LOT 11 --------------------------------------------------------------------------- Parcel name: LOT 11 North: 159608.1095 Line course: N 61-53-05 E North: 159621.9170 curve Length: 19.82 Delta: 22-02-45 Chord: 19.69 course In: N 39-29-04 E RP North: 159661.6646 End North: 159637.1148 Line course: s 52-21-02 w North: 159618.4724 Line course: N 90-00-00 w North: 159618.4724 Line course: s 01-32-55 w North: 159526.8358 Line course: s 88-27-05 E North: 159525.3519 Line course: N 00-05-32 E North: 159608.1118 East : 1299053.7606 Length: 29.30 East: Radius: Tangent: course: course out: 1299079.6033 51.50 10.03 N 39-29-33 W s 61-31-49 W 1299112.3505 1299067.0784 East East Length: 30. 52 East 1299042.9138 Length: 41. 70 East 1299001.2138 Length: 91. 67 East 1298998.7365 Length: 54.91 East 1299053.6264 Length: 82.76 East 1299053.7596 Perimeter: 350.68 Area: 5,404.75 sq. ft. 0.12 acres Mapcheck closure -(uses Error closure: 0.0025 Error North: 0.00228 Precision 1: 140,272.00 listed courses, radii, and deltas) course: N 24-09-20 w East: -0.00102 Page 1 • • LOT 12 --------------------------------------------------------------------------- Parcel name: LOT 12 North: 159637.1162 East : 1299067.0813 curve Lenyth: 27.40 Radius: 51. so De ta: 30-28-58 Tangent: 14.03 chord: 27.08 course: N 13-13-42 W course In: N 61-31-49 E course out: N 87-59-13 W RP North: 159661.6660 East 1299112.3534 End North: 159663.4750 East 1299060.8852 Line course: s 89-59-59 w Length: 97.09 North: 159663.4746 East 1298963.7952 Line course: s 00-03-05 w Length: 28.04 North: 159635.4346 East : 1298963.7700 curve Len~th: 24.93 Radius: 59.16 De ta: 24-08-38 Tangent: 12.65 Chord: 24. 75 course: S 46-44-36 E course In: s 31-11-05 w course out: N 55-19-43 E RP North: 159584.8230 East 1298933 .1370 End North: 159618.4773 East 1298981. 7919 Line course: s 90-00-00 E Length: 61.12 North: 159618.4773 East 1299042.9119 Line course: N 52-21-02 E Length: 30.52 North: 159637.1198 East 1299067.0765 Perimeter: 269.10 Area: 4,134.31 sq. ft. 0.09 acres Mapcheck closure -(uses Error closure: 0.0060 Error North: 0.00360 Precision 1: 44,850.00 listed courses, radii, and deltas) course: N 53-17-56 w East : -0.00483 Page 1 • • LOT 13 --------------------------------------------------------------------------- Parcel name: LOT 13 North: 159699.5639 Line course: N 43-08-49 w North: 159713.4774 Line Course: N 90-00-00 w North: 159713.4774 Line Course: s 00-03-05 w North: 159663.4774 Line course: N 89-59-59 E North: 159663.4779 curve Length: 40.78 Delta: 45-22-07 chord: 39.72 course In: s 87-59-13 E RP North: 159661.6688 End North: 159699.5667 East : 1299077.4821 Length: 19.07 East : 1299064.4407 Length: 100.60 East 1298963.8407 Length: 50.00 East : 1298963.7958 Length: 97.09 East : Radius: Tangent: course: course out: East East 1299060.8858 51.50 21. 53 N 24-41-50 E N 42-37-06 W 1299112.3541 1299077.4828 Perimeter: 307.53 Area: 5,186.50 sq. ft. 0.12 acres Mapcheck Closure -(Uses Error Closure: 0.0029 Error North: 0.00280 Precision 1: 106,048.28 listed courses, radii, and deltas) Course: N 13-58-06 E East : 0.00070 Page 1 • • LOT 14 --------------------------------------------------------------------------- Parcel name: LOT 14 North: 159818.7303 Line course: s 89-54-28 E North: 159818.6578 Line course: s 00-03-05 w North: 159713.4779 Line course: s 89-59-29 w North: 159713.4711 Line Course: N 00-03-05 E North: 159818.7311 East: 1298963.9388 Length: 45.00 East: 1299008.9387 Length: 105.18 East: 1299008.8444 Length: 45.00 East : 1298963.8444 Length: 105.26 East 1298963.9388 Perimeter: 300.43 Area: 4,734.71 sq. ft. 0.11 acres Mapcheck closure -(uses Error closure: 0.0008 Error North: 0.00081 Precision 1: 375,550.00 listed courses, radii, and deltas) course: N 00-59-36 E East : 0.00001 Page 1 • • LOT 15 --------------------------------------------------------------------------- Parcel name: LOT 15 North: 159818.6578 East : 1299008.9387 Line Course: s 89-54-28 E Length: 24.22 North: 159818.6189 East 1299033.1587 Line course: s 90-00-00 E Length: 20.78 North: 159818.6189 East 1299053.9387 Line course: s 00-03-16 w Length: 85.14 North: 159733.4789 East 1299053.8578 Line course: s 90-00-00 E Length: 19.25 North: 159733.4789 East 1299073.1078 Line Course: s 43-08-49 E Length: 31.98 North: 159710.1462 East : 1299094.9780 curve Len~th: 20.58 Radius: 51.50 De ta: 22-53-53 Tangent: 10.43 chord: 20.45 course: s 58-49-51 W course rn: s 19-43-13 E course out: N 42-37-06 W RP North: 159661.6666 East 1299112.3556 End North: 159699.5645 East 1299077.4843 Line course: N 43-08-49 w Length: 19.07 North: 159713.4780 East 1299064.4429 Line course: N 89-59-35 w Length: 55 .60 North: 159713.4847 East 1299008.8429 Line course: N 00-03-05 E Length: 105.18 North: 159818.6647 East : 1299008.9372 Perimeter: 381.79 Area: 5,526.45 sq. ft. 0.13 acres Mapcheck closure -(uses Error Closure: 0.0070 Error North: 0.00684 Precision 1: 54,542.86 listed courses, radii, and deltas) course: N 12-16-17 w East : -0.00149 Page 1 • • LOT 16 --------------------------------------------------------------------------- Parcel name: LOT 16 North: 159818.6189 Line course: N 00-05-32 E North: 159863.6188 Line Course: s 90-00-00 E North: 159863.6188 Line course: s 00-00-00 w North: 159818.6188 Line course: N 90-00-00 w North: 159818.6188 East : 1299033.1556 Length: 45.00 East 1299033.2280 Length: 90.62 East 1299123.8480 Length: 45.00 East 1299123.8480 Length: 90.69 East 1299033.1580 Perimeter: 271.31 Area: 4,079.42 sq. ft. 0.09 acres Mapcheck closure -(uses listed Error Closure: 0.0024 Error North: -0.00006 Precision 1: 113,045.83 courses, radii, and deltas) course: s 88-37-35 E East : 0.00243 Page 1 • • LOT 17 --------------------------------------------------------------------------- Parcel name: LOT 17 North: 159863.6189 Line course: N 90-00-00 w North: 159863.6189 Line course: N 00-05-32 E North: 159921.5788 Line course: s 88-27-02 E North: 159919.7882 curve Length: 38.59 Delta: 88-27-02 chord: 34.87 Course In: s 01-32-58 w RP North: 159894.7974 End North: 159894.7974 Line course: s 00-00-00 w North: 159863.6174 East : 1299123.8456 Length: 90.62 East 1299033.2256 Length: 57.96 East 1299033.3189 Length: 66.22 East : Radius: Tangent: course: course out: 1299099. 5147 25.00 24.33 S 44-13-31 E S 90-00-00 E 1299098.8387 1299123.8387 East East Length: 31.18 East 1299123.8387 Perimeter: 284.57 Area: 5,012.62 sq. ft. 0.12 acres Mapcheck closure -(uses listed Error Closure: 0.0071 Error North: -0.00150 Precision 1: 40,080.28 courses, radii, and deltas) course: s 77-46-38 w East : -0.00691 Page 1 • • TRACT 997 Parcel name: TRACT 997 North: 159618.4750 East : 1299001. 2150 Line course: N 90-00-00 W Length: 19.42 North: 159618.4750 East 1298981.7950 curve Lenqth: 24.93 Radius: 59.16 De ta: 24-08-38 Tangent: 12.65 Chord: 24.75 course: N 46-44-36 W Course In: s 55-19-43 w course out: N 31-11-05 E RP North: 159584.8207 East 1298933.1401 End North: 159635.4322 East 1298963.7731 Line course: N 00-03-05 E Length: 28.04 North: 159663.4722 East 1298963.7983 Line course: S 89-59-59 w Length: 3.85 North: 159663.4722 East 1298959.9483 Line Course: N 55-44-56 W Length: 23.75 North: 159676.8392 East 1298940.3170 curve Lenqth: 34.14 Radius: 90. 50 De ta: 21-36-41 Tangent: 17.27 chord: 33.93 Course: N 74-46-18 W course In: S 26-02-03 w course Out: N 04-25-22 E RP North: 159595.5220 East 1298900.5959 End North: 159685.7525 East : 1298907.5749 Line course: S 85-53-50 w Length: 9.55 North: 159685. 0693 East : 1298898.0494 Line course: S 00-03-05 E Length: 155.52 North: 159529.5493 East : 1298898.1888 Line Course: S 88-27-05 E Length: 100. 59 North: 159526.8309 East 1298998.7421 Line course: N 01-32-55 E Length: 91.67 North: 159618.4674 East : 1299001. 2195 Perimeter: 491.46 Area: 13,285.88 sq. ft. 0.31 acres Mapcheck closure -(uses Error Closure: 0.0088 Error North: -0.00761 Precision 1: 55,847.73 listed courses, radii, and deltas) Course: S 30-34-22 E East : 0.00450 Page 1 ' . • • TRACT 998 --------------------------------------------------------------------------- Parcel name: TRACT 998 North: 159818.6189 Line course: s 90-00-00 E North: 159818.6189 Line course: s 00-00-00 w North: 159736.9689 curve Length: 34.83 Delta: 79-49-48 Chord: 32.08 Course In: N 90-00-00 w RP North: 159736.9689 End North: 159712.3617 Curve Length: 8.58 Del ta: 9-33-01 chord: 8.57 course In: s 10-10-12 E RP North: 159661.6708 End North: 159710.1504 Line course: N 43-08-49 w North: 159733.4831 Line course: N 90-00-00 w North: 159733.4831 Line course: N 00-03-16 E North: 159818.6230 East : 1299053.9387 Length: 69.91 East : 1299123.8487 Length: 81. 65 East : Radius: Tangent: course: course out: East : East : Radius: Tangent: course: course out: 1299123.8487 25.00 20.91 s 39-54-54 w S 10-10-12 E 1299098.8487 1299103.2629 51. so 4. 30 s 75-03-17 w N 19-43-13 W 1299112.3563 1299094.9787 East East Length : 31. 98 East 1299073.1085 Length: 19.25 East 1299053.8585 Length: 85.14 East 1299053.9394 Perimeter: 331.35 Area: 6,703.01 sq. ft. 0.15 acres Mapcheck closure -(uses Error closure: 0.0042 Error North: 0.00418 Precision 1: 78,890.48 listed courses, radii, and deltas) course: N 09-12-12 E East : 0.00068 Page 1 • • TRACT 999 Parcel name: TRACT 999 North: 159818.7303 East : 1298963.9388 Line course: N 89-54-28 W Length: 66.01 North: 159818.8365 East: 1298897.9288 Line course: S 00-03-05 E Length: 133. 77 North: 159685.0666 East : 1298898.0488 Line course: N 85-53-50 E Length: 9.55 North: 159685.7498 East 1298907.5744 Curve Lenrh: 34.14 Radius: 90. so De ta: 21-36-41 Tangent: 17.27 Chord: 33.93 Course: S 74-46-18 E course In: s 04-25-22 W Course Out: N 26-02-03 E RP North: 159595. 5193 East 1298900.5954 End North: 159676.8365 East 1298940.3165 Line course: S 55-44-56 E Length: 23.75 North: 159663.4695 East 1298959. 94 77 Line Course: N 89-59-59 E Length: 3.85 North: 159663.4695 East 1298963. 7977 Line Course: N 00-03-05 E Length: 155.26 North: 159818. 7295 East 1298963.9370 Perimeter: 426.32 Area: 9,270.80 sq. ft. 0.21 acres Mapcheck Closure -(Uses listed Error Closure: 0.0019 Error North: -0.00079 Precision 1: 224,384.21 courses, radii, and deltas) course: S 65-45-48 w East : -0.00176 Page 1 t • • 20' ACCESS AND UTIL ESMT LOTS 14 15 --------------------------------------------------------------------------- Parcel name: 20' EASEMENT North: 159733.4750 Line course: s 00-00-00 w North: 159713.4750 Line course: s 90-00-00 E North: 159713.4750 Line course: s 43-08-49 E North: 159699.5615 curve Length: 20.58 Delta: 22-53-53 chord: 20.45 course In: s 42-37-06 E RP North: 159661.6636 End North: 159710.1432 Line course: N 43-08-49 w North: 159733.4759 Line Course: N 90-00-00 w North: 159733.4759 East : 1298963.8444 Length: 20.00 East : 1298963.8444 Length: 100.60 East : 1299064.4444 Length: 19.07 East : 1299077.4858 Radius: 51. 50 Tangent: 10.43 Course: N 58-49-51 E course out: N 19-43-13 w East : 1299112.3570 East : 1299094.9795 Length: 31. 98 Length: East : 109.26 East : 1299073.1092 1298963.8492 Perimeter: 301.49 Area: 2,595 sq. ft. 0.06 acres Mapcheck closure -(uses Error closure: 0.0050 Error North: 0.00091 Precision 1: 60,298.00 listed courses, radii, and deltas) course: N 79-30-05 E East : 0.00489 Page 1 ' . • • 20' ACCESS AND UTIL ESMT LOT 8 --------------------------------------------------------------------------- Parcel name: 20'ESMT SE North: 159576.8936 East : 1299163.7105 Line Course: N 90-00-00 w Length: 20.00 North: 159576.8936 East 1299143. 7105 Line course: N 00-05-32 E Length: 36.91 North: 159613.8036 East 1299143.7699 Line course: N 50-33-30 w Length: 6.06 North: 159617.6535 East : 1299139.0900 curve Len~th: 20.09 Radius: 51.50 De ta: 22-20-51 Tangent: 10.17 Chord: 19.96 course: N 47-32-56 E course In: N 31-16-39 w course out: S 53-37-30 E RP North: 159661.6686 East 1299112.3520 End North: 159631.1256 East 1299153.8174 Line course: s 53-26-16 E Length: 11.49 North: 159624.2811 East 1299163.0463 Line course: s 90-00-00 E Length: 0.75 North: 159624.2811 East 1299163.7963 Line course: s 00-06-22 w Length: 47.38 North: 159576.9012 East 1299163.7085 Perimeter: 142.68 Area: 1,008 sq. ft. 0.02 acres Mapcheck closure -(uses Error Closure: 0.0078 Error North: 0.00751 Precision 1: 18,292.31 listed courses, radii, and deltas) course: N 14-57-13 w East : -0.00201 Page 1