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HomeMy WebLinkAboutLUA89-044 Vol 4 • a = . CITY „)F RENTON WI. r. vi . . - City Clerk Jesse Tanner,Mayor Bonnie I.Walton • April 1,2002 . Rick Moore . BRE Properties • 400 North 34th Street#200 - - ' • 0 . Seattle WA 98103 • Laura Graf - . Galagher&Kennedy . • 2575 E.Camelback - Phoenix AZ 85016 Re: Restrictive Covenants-The Bluffs,Apartments ' ' ' City of Renton File No.: SA-89-044 ' . REC#20020211002618.. .. . • • Dear Mr.Moore and Ms. Graf: ' . ..�; . I' Y. Pursuant to the request of Laureen Nicolay of ont Development Services Divisions, you will find enclosed a recorded;copy of the Declaration 0'22 Covenants,. Conditions, Easements and Restrictions''for°the:above-referenced property,. If you have any questions or comments:concerning this:matter, please feel free to contact - Laureen Nicolay, Senior Planner at(425).43077294.. 0 .. Sincerely, Striv..„._ • . Suzann D.Lombard • 0 Records Management Coordinator : Enclosure ° • 0 • • cc: Laureen Nicolay(w/encl.) 0 . • 1055 South Grad Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 R ET 0.N • f Y N�� AHEAD OF THE CURVE C. This paper contains 50%recycled material,30%post consumer t . When Recorded,Return to: 20020211002618 Office Of the City Clerk PAGE 001 0FT012 PC 20.00 Renton.City Hall IOUNT WKNG CYI .A 1055 South Grady Way Renton,Washington 98055 DECLARATION OF COVENANTS, CONDITIONS,EASEMENTS &RESTRICTIONS APPLICABLE TO THE BLUFFS,A RESIDENTIAL COMMUNITY Grantor: BRE Properties, Inc. G v Grantee: N/A Legal Description(abbreviated): • ® Additional on: Schedule 1 o Assessor's Tax Parcel ID,#: 334450-0390-06; 334450-0345-02; 052305-9072-07; cv 052305-9034-04; 052305-9036-02; 334450-0080; 334450-0084-07; 334450-0093-06; 334450-0375-05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1. DECLARATION 1.1 This .Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. 1.3 Owner hereby declares that all of the real property within The Bluffs shall be held, sold, leased, used and conveyed subject to the covenants, conditions, restrictions, easements, reservations, charges and liens set forth in this Declaration (hereinafter collectively referred to as "Covenants"). The Covenants shall inure to the benefit of and shall burden the real property within The Bluffs and shall run with the land and shall apply to and be binding upon all parties now or hereafter having or acquiring any right, title, or interest in the real property within The Bluffs or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity. ARTICLE 2. PURPOSE AND INTENT 2.1 These Covenants are adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers, users, and lessees of real property within The Bluffs. The Covenants are intended to protect the value of the property within The Bluffs and to ensure that the property will be developed, used, occupied and improved in compliance with the Permit Approvals. 1 2.2 The purpose of the guidelines and criteria set forth in the Covenants contained in this Declaration is (1) to ensure the preservation and protection of the Greenbelt Areas on the Property; (2) to provide for joint use by all residents in The Bluffs of the Recreational Amenities; and (3) to ensure that building exteriors, common facilities and landscaping are properly maintained and repaired. era ga— ticxARTICLE 3. c DEFINITIONS e•- 3.1 `BUILDING(S)" means any building or improvements constructed on the Property. 3.2 "COMMON FACILITIES" means those common recreational facilities located on the Property (such as pool and game room) as may be designated from time to time by Owner. 3.3 "COVENANTS" means this Declaration of Covenants, Conditions, Easements and Restrictions Applicable to The Bluffs and all covenants, conditions, easements and restrictions contained herein. 3.4 "GREENBELT" means that certain portion of the Property identified as greenbelt/steep slope area and cross-hatched on the site plan attached hereto as SCHEDULE 2 and legally described on SCHEDULE 3. • 3.5 "PERMIT APPROVAL/PERMIT APPROVALS" means those certain City of Renton permits and governmental approvals applicable to and imposed upon development within The Bluffs. 3.6 "OWNER" means BRE Properties, Inc.,. a Maryland corporation, and its successors and assigns. In the event that Own2 sells, conveys, transfers or assigns its interest as Owner under these Covenants, Owner shall thereafter have no further obligation under this Declaration. 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as SCHEDULE 2. 3.9 INTENTIONALLY DELETED. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. The Owner may from time to time establish reasonable rules governing the time and manner of Q use of the Common Facilities, including limitations or prohibitions on use of the Common • Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landscaped areas will be kept free of trash, litter, waste, and weeds. Owner shall replace any and all new landscaping that has died or has been severely damaged through improper maintenance (i.e. improper or excessive pruning). 3 ARTICLE 6. MAINTENANCE REQUIREMENTS 6.1 REGULAR MAINTENANCE REQUIRED. The maintenance, upkeep, and repair of the Buildings and the Common Facilities shall be the sole responsibility of the Owner. The Owner shall keep the Buildings and the Common Facilities, including but not limited to recreation areas,parking and pedestrian areas, and all Building exteriors, in a good state of repair and in a safe, clean, neat and sanitary condition at all times. The Owner shall clean, maintain and repair all exterior walls and roofs of all Buildings on the Property. Owner shall replace, at Owner's expense, any glass or windows or doors that may become cracked or broken, and shall repaint, repair or otherwise restore the "exterior shell" of any Building within a reasonable time after Owner receives notice that such painting or restoration is warranted. ARTICLE 7. GREENBELT RESTRICTIONS 7.1 PROHIBITED USES. These Restrictions impose upon all present and future owners and occupiers of the Greenbelt an obligation to leave undisturbed all trees and other vegetation within the Greenbelt (the Protection Restriction"). The vegetation within the Greenbelt may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton,which permission shall not be unreasonably withheld, conditioned or delayed. cra The Protection Restriction shall run with the land and shall be binding on all present and o future owners and occupiers of the Greenbelt. Except as specifically permitted in Section 7.2 below, the following uses and practices in CN4 the Greenbelt shall be prohibited: 7.1.1 The placement, installation or construction of any buildings, structures, or o er improvements of any kind(including,without limitation,roads and parking lots). 7.1.2 The installation of any utility system or component or item of such a system including, without limitation, water, sewer, drainfield, electrical power, fuel or communications, except as required by applicable law. 7.1.3 Logging,pruning, or cutting of any timber, shrubs, grasses or other flora. } 7.1.4 Any residential, agricultural, commercial or industrial use of, or activity on! the Greenbelt. 7.1.5 Construction of any roads,trails, or paths for vehicular use. 7.1.6 The grading or other alteration of the terrain and existing landforms of the =' Greenbelt, including, without limitation, the excavation or removal of soil, sand, gravel, roc* peat or sod, except as may be required in the course of any activity permitted herein. 7.1.7 Paving of any surface on the Greenbelt. 7.1.8 The sale of the Greenbelt separate and apart from the remainder of the Property without the prior written approval of the City of Renton. The restrictions contained in this Section 7.1 shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: 7.2.1 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct, use, maintain, repair and reconstruct other improvements as necessary to maintain, preserve, and enjoy the wildlife values of the Greenbelt. 7.2.2 To eradicate or control non-native invasive species present on the Greenbelt. 7.2.3 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to cut or prune shrubs, grasses, dangerous trees or other flora necessary to preserve the natural habitat of the Greenbelt, to ca prevent slide hazards, to protect public health or safety, or as actively required by and subject to o compulsion of any governmental agency with authority to require such activity and use. 7.2.4 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to undertake other activities necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the Greenbelt or adjacent public or private property, or which are actively required by and subject to ;,Q compulsion of any governmental agency with authority to require such activity and use. .cr 7.2.5 To remove any wastes,refuse, or other debris from the Greenbelt. 7.2.6 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct fences and other security measures. 7.2.7 To construct, maintain and operate.unpaved private trails for use by residents of The Bluffs,their guests and invitees. Nothing herein shall be construed to impose any obligation on Owner to conduct any of the foregoing activities. 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 5 7.3.1 Owner shall notify the City prior to undertaking certain permitted activities or uses as provided in Section 7 herein, except that such notice is not required where Owner cannot reach the City and must undertake emergency action to prevent, abate, or mitigate significant injury to persons, the Greenbelt, or abutting properties. The purpose of such notification is to afford the City an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purpose of this Declaration. Whenever notice is required, Owner shall notify the City in writing not less than ten (10) days prior to the date Owner intends to undertake the activity or use in question. The notice shall describe the nature, scope, design, location, and timetable of the proposed activity. ARTICLE 8. DURATION AND AMENDMENT OF COVENANTS 8.1 DURATION OF COVENANTS. These Covenants shall be perpetual. 8.2 AMENDMENT. This Declaration and any or all of its provisions may be amended only in a written,recorded amendment executed by the Owner and the City of Renton: ARTICLE 9. NOTICES All notices given under the provisions of these Covenants shall be in writing and may be delivered either personally or by mail. If delivery is made by mail the notice shall be deemed to hake been delivered upon being deposited in the United States mail, first class, postage prepaid, addressed to the person entitled to such notice at the address set forth below. Mailing addresses car may be changed by notice in writing. If to Owner: BRE Properties, Inc. 400 North 34th Street, Suite 200 Seattle,Washington 98103 Attn: Mr. Pete Rocereto cv 'cv If to City: City of Renton 1055 South Grady Way, 6th Floor Renton,Washington 78055 Attn: PlanningBuilding/Public Works Administrator or Successor Title ARTICLE 10. INTENTIONALLY DELETED ARTICLE 11. MISCELLANEOUS • 11.1 ACCEPTANCE OF PROVISIONS BY GRANTEE(S). Each grantee of any part or portion of or interest in The Bluffs, and any lessee under any lease covering any part or portion of or interest in The Bluffs shall accept the same subject to all of the restrictions, conditions, covenants, reservations, easements, liens and charges set forth in these Covenants; Io and by such acceptance for itself, its heirs, personal representatives, successors and assigns, agrees with Owner and with the grantee(s) and subsequent Owners of any part or portion of or interest in The Bluffs to keep, observe and comply with these Covenants, and to perform all obligations on its part thereunder. 11.2 CONSTRUCTION. The provisions of these Covenants shall be construed to effectuate the purpose and intent of these Covenants set forth in Article 2. 11.3 SEVERABILITY. If any provision of this Declaration shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction for any reason, the validity of all other provisions, covenants, conditions, and restrictions shall not be affected and shall remain in full force and effect. 11.4 SUCCESSORS AND ASSIGNS. This Declaration and the Covenants contained herein shall inure to the benefit of and be binding upon the heirs, personal representatives, grantee(s), lessees, successors and assigns of the Owner. In the event The Bluffs is at any time converted to condominium form of ownership; Owner may assign its obligations under this Declaration to the owners' association established in connection with such condominium, and thereafter Owner shall be relieved of any obligations hereunder. era 11.5 NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or dedication of any portion of The Bluffs to the general public or for the general public c or for any public purpose whatsoever, it being the intention of Owner that this Declaration shall be strictly limited to and for the purposes herein expressed. The Owner shall have the right to close the Common Facilities and Greenbelt at such reasonable times as to prevent a dedication for a public purpose. 0 11.6 CHOICE OF LAW. This Declaration shall be governed by the laws of the State 0 of Washington. 'cam, 11.7 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Declaration shall be construed to render any third party a beneficiary to this Declaration or the Covenants contained herein,nor grant any such third party any rights or remedies under this Declaration. 11.8 ENFORCEMENT. Any violation or breach of these restrictive covenants may be enforced by either the City of Renton or any property owner adversely affected by such breach. SCHEDULES SCHEDULE 1 LEGAL DESCRIPTION OF PROPERTY SCHEDULE 2 THE BLUFFS SITE PLAN SCHEDULE 3 GREENBELT DESCRIPTION SCHEDULE 4 INTENTIONALLY DELETED I BRE PROPER IES INC., a Maryland cQ or ion By Name:/Pete Rocereto Title: Vice President CD Lb R-4.0 STATE OF ) DEi`tVE ) ss. COUNTY OF KING ) i On this day personally appeared before me Pete Rocereto, to me known to be the Vice President of BRE Properties, Inc., the Maryland corporation that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this () day of anuo.ry , 2001. .J j(1/4 Pri• ed Name ' a W' —EW e. NOTARY PUBLIC in and for the State of 1atr washingten, residing at 2i et ve r CO any My Commission Expires N 164273v3 ,G Jana M.Tebbe My Commission Expires ,, April 12,2005 ` sea...... , , r p` �, 0 I; f • SCHEDULE 1 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 8/31/98, Rev 02/02/2002 Consolidated Legal Description for The Bluffs Tracts 317 through 322, 334 through 335, 344 through 346, and 348 through 353, C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 317; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; �„ EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and Q westerly of the easterly margin of Lake Washington Blvd. North; TOGETHER WITH those portions of vacated Lake View Boulevard which attach o thereto by operation of law. o SUBJECT TO City of Renton Lot Line Adjustment LUA-00-093-LLA as recorded • N under Recorder's No. 20001018900004 and subject to a boundary line agreement as recorded under Recorder's No. 20010425001979, all in records of King County, Washington. All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. 1 2002 021 1002619 -.......,,...NK �����/yyyyy W ES GE 6y i GREENBELT .• _ �' AREA .Fi..riui.e'w� .1-,-.,, yi, / / \� II ''- • i may , ,/ r 1 i,/ e.g, ^' ����Q- 'tee`, • • `"• a \• m . • 1. (1.': r • ,. •.• GG:K:K.r LLL . tom • SCALE: 1' = 50' _ 4 L pimr',`ur'rM'A" p n g �l• �, r"p,�. ` t,; _' _•ice_. --- I Imo. I I kit .. iv PROJECT STATISTICS . R 1 I f /e +� Y���� "��� ➢ S.. Fwl .nr _ rer,.. Gar.,.., a.I— LI % j 6�1 �!p I — LOCA.. Ono �OW..LOT rs m vat DODO,. STALL. ._.e.. 1 I :C � �y��I� t..7� _�{Y®l!t? x.su BP. r..w, T• r e e,.r.m.. TIPv•1.1.41 ALLY..ue..•. __J 1 .I ♦�� r` ♦ a���- L� �j waecwamnwa . mn.waexea N•.emm..e L I I I ,- . • -4 To r ,y ►i I weevaoeuwa r,aCAP 510514 WALL. r n1 .eonA1/1 PLAT I DOA,ee w.eemr....r. ?A(OVALS L sie °' eo/,el. Iro...urn�..ao ..,,.r..,. ,.L _ 1 I .F'\• mnIs-. l'. .: Ya PLAT.2 2/2 aPLAT,DOR BA I. 1191.. N.�o ,...W.u.,r... Neer"" ,ewome. •VV.s DI ... 1. I : `` , ; `M.W. I e r.,.1MC m,H.A PL.r..MROA. _.er.1515 ON ..... a a,.,ea I s---Ln 10.4 rur aas ?WNW.. 1/3e Cteo2,ISM PRIM P.E•A-5 I \�u-- --.- ._ __._ q'i - ---..„ THE BLUFFS SITE PLAN — I — _ _ . L WASIIYGTON BLVD.NE — ••• • LACE Y • — . SHEET10F1 _._ . —. _._ __ ._.. _. __. ... _.._ It 2002 021 1002619 --, • • USUAL SECURITY BaT 90R AxKYs! COBVNCT V...STMI ME-0•UNITS -.� _ _....... = sN ENaoSxNE (BEE EIS.)B]x OF 511E 15:Nx ON 0% SIGH. mE Nim•xT THEREFORE]sx a 51rz rs BNo[N:ox YBH gJ rT [w[DEPT.caNMCiw� C 35xP].uwtt(MM.B,O.E.l,O•n)•BUxirs • 41 q p�.x��„'al.�]•_ ST Bwrz u.B wuE..iwS)TYPE•B- c'al TYPE•.l•UwTS Sx d TOTAL NOM - - M uNOSCAPINO AA[. t -3•5%•0 aa14 i0 BC TYPE'.- ro[0: ar ". 4°s�� --- m s ",gym , ` i . \"�j � Rom ,R _� - -_ o .5,":"''';:17. '40 "..iii.‘''''''•;.4*.'' 1 igtklifirt arlItal47°V # `---------- " . io ,j0 �: • ,e•........_...:14. J>A�i, } ♦ :�q,%S�w _ _ .o.,A.m.[,,w, 1I4 A sl C ry .f pima Sx is •- -.� �♦ `i ) L] �x Hx vs, .w:nnoo.n. .oam,ns T 1 1 i S � i "q]`.'�'Q" r `\ y Moira".umn.: CI lOn \ [ °"'+•wwa 9 n Law""� ``� tl a I SCALE: 1" =50' .o�..n p ---------- rt LAKEnAsm)arar,BEw.NE :.... - ... A: al • THE BLUFFS SITE PLAN - . SHEET 20FR SCHEDULE 3 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 01/21/2002 Rev 02/04/2002 Legal Description for The Bluffs Greenbelt Tracts 334 through 335, C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 336; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying •— easterly of the westerly margin of Primary State Highway No. 1 (SR 405). All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range o 5 East, W.M. in the City of Renton, King County, Washington. cs 7 ` PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 8, 2002 TO: Larry Meckling, Building Official FROM: Laureen Nicolay, Senior Planner SUBJECT: Final Occupancy--The Bluffs/Pinnacle a All remaining land use permit-related items have now been addressed and the Development Planning Section hereby approves of the issuance of a final occupancy permit provided all building-related issues have been satisfied. cc: Gene Schneider Jennifer Henning Rick Moore (via fax) • CITY OF RENTON MEMORANDUM DATE: February 8, 2002 TO: City Clerk's Office FROM: Laureen Nicolay, Development Services Division, #7294 SUBJ CT: Restrictive Covenants for The Bluffs Apartments R, SA-044-89 Attached please find the approved original 'Declaration of Caenants, Conditions, Easements and Restrictions Applicable to The Bluffs, a Residential Community' ready for recording with King County. Please have CD & L Courier take this document via 4-hour service. Enclosed is.a check to CD & L for $15.29. The King County recording Pleasefees for this recording should be chaed to call me at X-7294 if you have any questions • #000/07.532.22.49.14. When we receive the recorded document back, please place a copy in the land use file and also forward copies to: Rick Moore BRE Properties 400 North 34th St#200 Seattle, WA 98103 Laura Graf or Jonathan Brohard Galagher & Kennedy 2575 East Camelback Phoenix, AZ 85016 Thank you. c: file#R, SA-044-89 Laura Graf/Jonathan Brohard Rick Moore When Recorded, Return to: Office of the City Clerk Renton City Hall 1055 South Grady Way Renton,Washington 98055 DECLARATION OF COVENANTS, CONDITIONS,EASEMENTS &RESTRICTIONS APPLICABLE TO THE BLUFFS,A RESIDENTIAL COMMUNITY Grantor: BRE Properties, Inc. Grantee: N/A Legal Description(abbreviated): Additional on: Schedule I Assessor's Tax Parcel ID #: 334450-0390-06; 334450-0345-02; 052305-9072-07; 052305-9034-04; 052305-9036-02; 334450-0080; 334450-0084-07; 334450-0093-06; 334450-0375-05;.334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1. - DECLARATION 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. 1.3 Owner hereby declares that all of the real property within The Bluffs shall be held, sold, leased, used and conveyed subject to the covenants, conditions, restrictions, easements, reservations, charges and liens set forth in this Declaration (hereinafter collectively referred to as "Covenants"). The Covenants shall inure to the benefit of and shall burden the real property within The Bluffs and shall run with the land and shall apply to and be binding upon all parties now or hereafter having or acquiring any right, title, or interest in the real property within The Bluffs or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity. ARTICLE 2. PURPOSE AND INTENT 2.1 These Covenants are adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers,users, and lessees of real property within The Bluffs. The Covenants are intended to protect the value of the property within The Bluffs and to ensure that the property will be developed, used, occupied and improved in compliance with the Permit Approvals. 2.2 The purpose of the guidelines and criteria set forth in the Covenants contained in this Declaration is (1) to ensure the preservation and protection of the Greenbelt Areas on the Property; (2) to provide for joint use by all residents in The Bluffs of the Recreational Amenities; and (3) to ensure that building exteriors, common facilities and landscaping are properly maintained and repaired. ARTICLE 3. DEFINITIONS 3.1 `BUILDING(S)" means any building or improvements constructed on the Property. 3.2 "COMMON FACILITIES" means those common recreational facilities located on the Property (such as pool and game room) as may be designated from time to time by Owner. 3.3 "COVENANTS" means this Declaration of Covenants, conditions, Easements and Restrictions Applicable to The Bluffs and all covenants, conditions, easements and restrictions contained herein. 3.4 "GREENBELT" means that certain portion of the 'Property identified as greenbelt/steep slope area and cross-hatched on the site plan attached hereto as SCHEDULE 2 and legally described on SCHEDULE 3. 3.5 "PERMIT APPROVAL/PERMIT APPROVALS" means those certain City of Renton permits and governmental approvals applicable to and imposed upon development within The Bluffs. 3.6 "OWNER" means BRE Properties, Inc., a Maryland corporation, and its successors and assigns. In the event that Owner sells, conveys, transfers or assigns its interest as 2 Owner under these Covenants, Owner shall thereafter have no further obligation under this Declaration. 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as SCHEDULE 2. 3.9 INTENTIONALLY DELETED. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. The Owner may from time to time establish reasonable rules governing the time and manner of use of the Common Facilities, including limitations or prohibitions on use of the Common Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landscaped areas will be kept free of trash, litter, waste, and weeds. Owner shall replace any and all new landscaping that has died or has been severely damaged through improper maintenance (i.e. improper or excessive pruning). 3 ARTICLE 6. MAINTENANCE REQUIREMENTS 6.1 REGULAR MAINTENANCE REQUIRED. The maintenance, upkeep, and repair of the Buildings and the Common Facilities shall be the sole responsibility of the Owner. The Owner shall keep the Buildings and the Common Facilities, including but not limited to recreation areas, parking and pedestrian areas, and all Building exteriors, in a good state of repair and in a safe, clean, neat and sanitary condition at all times. The Owner shall clean, maintain and repair all exterior walls and roofs of all Buildings on the Property. Owner shall replace, at Owner's expense, any glass or windows or doors that may become cracked or broken, and shall repaint, repair or otherwise restore the "exterior shell" of any Building within a reasonable time after Owner receives notice that such painting or restoration is warranted. ARTICLE 7. GREENBELT RESTRICTIONS 7.1 PROHIBITED USES. These Restrictions impose upon all present and future owners and occupiers of the Greenbelt an obligation to leave undisturbed all trees and other vegetation within the Greenbelt (the Protection Restriction"). The vegetation within the Greenbelt may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton, which permission shall not be unreasonably withheld, conditioned or delayed. The Protection Restriction shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. Except as specifically permitted in Section 7.2 below, the following uses and practices in the Greenbelt shall be prohibited: 7.1.1 The placement, installation or construction of any buildings, structures, or other improvements of any kind (including,without limitation,roads and parking lots). 7.1.2 The installation of any utility system or component or item of such a system including, without limitation, water, sewer, drainfield, electrical power, fuel or communications, except as required by applicable law. 7.1.3 Logging,pruning, or cutting of any timber, shrubs, grasses or other flora. 7.1.4 Any residential, agricultural, commercial or industrial use of, or activity on, the Greenbelt. 7.1.5 Construction of any roads, trails, or paths for vehicular use. 7.1.6 The grading or other alteration of the terrain and existing landforms of the Greenbelt, including, without limitation, the excavation or removal of soil, sand, gravel, rock; peat or sod, except as may be required in the course of any activity permitted herein. 4 7.1.7 Paving of any surface on the Greenbelt. 7.1.8 The sale of the Greenbelt separate and apart from the remainder of the Property without the prior written approval of the City of Renton. The restrictions contained in this Section 7.1 shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: 7.2.1 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct, use, maintain, repair and reconstruct other improvements as necessary to maintain, preserve, and enjoy the wildlife values of the Greenbelt. 7.2.2 To eradicate or control non-native invasive species present on the Greenbelt. 7.2.3 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to cut or prune shrubs, grasses, dangerous trees or other flora necessary to preserve the natural habitat of the Greenbelt, to prevent slide hazards, to protect public health or safety, or as actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.4 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to undertake other activities necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the Greenbelt or adjacent public or private property, or which are actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.5 To remove any wastes, refuse, or other debris from the Greenbelt. 7.2.6 With the express written approval of the City of-Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct fences and other security measures. 7.2.7 To construct, maintain and operate unpaved private trails for use by residents of The Bluffs, their guests and invitees. Nothing herein shall be construed to impose any obligation on Owner to conduct any of the foregoing activities. 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 5 7.3.1 Owner shall notify the City prior to undertaking certain permitted activities or uses as provided in Section 7 herein, except that such notice is not required where Owner cannot reach the City and must undertake emergency action to prevent, abate, or mitigate significant injury to persons, the Greenbelt, or abutting properties. The purpose of such notification is to afford the City an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purpose of this Declaration. Whenever notice is required, Owner shall notify the City in writing not less than ten (10) days prior to the date Owner intends to undertake the activity or use in question. The notice shall describe the nature, scope, design, location, and timetable of the proposed activity. ARTICLE 8. DURATION AND AMENDMENT OF COVENANTS 8.1 DURATION OF COVENANTS. These Covenants shall be perpetual. 8.2 AMENDMENT. This Declaration and any or all of its provisions may be amended only in a written,recorded amendment executed by the Owner and the City of Renton: ARTICLE 9. NOTICES All notices given under the provisions of these Covenants shall be in writing and may be delivered either personally or by mail. If delivery is made by mail the notice shall be deemed to have been delivered upon being deposited in the United States mail, first class, postage prepaid, addressed to the person entitled to,csuch notice at the address set forth below. Mailing addresses may be changed by notice in writing. If to Owner: BRE Properties, Inc. 400 North 34th Street, Suite 200 Seattle, Washington 98103 Attn: Mr. Pete Rocereto If to City: City of Renton 1055 South Grady Way, 6th Floor Renton, Washington 78055 Attn: Planning/Building/Public Works Administrator or Successor Title ARTICLE 10. INTENTIONALLY DELETED ARTICLE 11. MISCELLANEOUS 11.1 ACCEPTANCE OF PROVISIONS BY GRANTEE(S). Each grantee of any part or portion of or interest in The Bluffs, and any lessee under any lease covering any part or portion of or interest in The Bluffs shall accept the same subject to all of the restrictions, conditions, covenants, reservations, easements, liens and charges set forth in these Covenants; 6 and by such acceptance for itself, its heirs, personal representatives, successors and assigns, agrees with Owner and with the grantee(s) and subsequent Owners of any part or portion of or interest in The Bluffs to keep, observe and comply with these Covenants, and to perform all obligations on its part thereunder. 11.2 CONSTRUCTION. The provisions of these Covenants shall be construed to effectuate the purpose and intent of these Covenants set forth in Article 2. 11.3 SEVERABILITY. If any provision of this Declaration shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction for any reason, the validity of all other provisions, covenants, conditions, and restrictions shall not be affected and shall remain in full force and effect. • 11.4 SUCCESSORS AND ASSIGNS. This Declaration and the Covenants contained herein shall inure to the benefit of and be binding upon the heirs, personal representatives, grantee(s), lessees, successors and assigns of the Owner. In the event The Bluffs is at any time converted to condominium form of ownership, Owner may assign its obligations under this Declaration to the owners' association established in connection with such condominium, and thereafter Owner shall be relieved of any obligations hereunder. 11.5 NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or dedication of any portion of The Bluffs to the general public or for the general public or for any public purpose whatsoever, it being the intention of Owner that this Declaration shall be strictly limited to and for the purposes herein expressed. The Owner shall have the right to close the Common Facilities and Greenbelt at such reasonable times as to prevent a dedication for a public purpose. 11.6 CHOICE OF LAW. This Declaration shall be governed by the laws of the State of Washington. 11.7 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Declaration shall be construed to render any third party a beneficiary to this Declaration or the Covenants contained herein, nor grant any such third party any rights or remedies under this Declaration. 11.8 ENFORCEMENT. Any violation or breach of these restrictive covenants may be enforced by either the City of Renton or any property owner adversely affected by such breach. SCHEDULES SCHEDULE 1 LEGAL DESCRIPTION OF PROPERTY SCHEDULE 2 THE BLUFFS SITE PLAN SCHEDULE 3 GREENBELT DESCRIPTION SCHEDULE 4 INTENTIONALLY DELETED 7 BRE PROPER IES INC., a Maryland co or ion By M Name: /Pete Rocereto Title: Vice President Cot-0RA1 t) STATE OF ) 6NiVEK ) ss. COUNTY OF KING ) On this day personally appeared before me Pete Rocereto, to me known to be the Vice President of BRE Properties, Inc., the Maryland corporation that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 30 'day of jai-war/4 , 2001. .� aliA/11L Pried Name cla NOTARY PUBLIC in and for the State of Cib, vWas-hingten, residing at .2e&1ve,r C6un+f My Commission Expires / 164273v3 Jana M.Tebbe My Commission Expires April 12,2005 8 SCHEDULE 1 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 8/31/98, Rev 02/02/2002 Consolidated Legal Description for The Bluffs Tracts 317 through 322, 334 through 335, 344 through 346, and 348 through 353, C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 317; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and westerly of the easterly margin of Lake Washington Blvd. North; TOGETHER WITH those portions of vacated Lake View Boulevard which attach thereto by operation of law. SUBJECT TO City of Renton Lot Line Adjustment LUA-00-093-LLA as recorded under Recorder's No. 20001018900004 and subject to a boundary line agreement as recorded under Recorder's No. 20010425001979, all in records of King r County, Washington. All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. ............,_ -----. // ...._ .....__...._, ,/ )',' ,,' I/ 4' ---z''-',-.,""'",, • - -----..:2 ,I,r •-......_ -----..._ --„----'- ...,!/ GREENBELT - -'--------..„ •. it AREA ------•••,....,..\\\ Fi7,1,Eir`--I 1--- -_____ ___, ,,, ,•/,' -__ 7/ ,,,, t , I ,Y; i/ ,,,,„ 4' P ..----,,,,,, ,,,,,,. .4 ''') --- \•,.-..,A1,".,_ I r,---,-0-- ,---"' I7:1Er, ,,, i Ye' , 0 , ----1. Attftlt '....— -: ..::7•1•'. 4fr,34. i f ri ''' \ ?, Ar•.„ i° • * / • 77,7.*f. m , 0 , . T 5'-',.., ,- 14111F • L,444,144 ,.-,. ,4" . C -•t, t, i r— • r . . I m '414-•••'' .----''" VrgAgli:P-c .- ‘. ____J L,r-- --L', I ''.g. • ".--.^..,,,„„ iii , ....., . iv .... SEOARITY LIOLIT __11_" _I-- j ,Licljae ,- A. F,A4 vrogoo i lit,—-no.R. 40/Vitt..._ , „..-...........,, '—..,-74rt.= • Roo FII DEFT CONT4CTILN T , I V* .41 17rif r LI SCALE: 1" = 50' C 253 9. L 44' I ..74 LANOSCAPIT4 4./..• — • Ig • L-4,1,..I I, -\ PROJECT STATISTICS : 523oToo To 515LTFALIATe TTED0.31 Doom,(12.3) GER.Y.,SEGIJIMIL ,'I Tax LOT vo. 5F5 ATTAry_xo..9.45 LsT Teg'6112.7:0•75n17/4.•ArSITT.Lt5L5 .7.C... ...'”..r' TOTAL STALLS 31S STALLS 1 .:,)\,,,,,,..><.\ ,_ *4•\A„,114Mt:A-.,,,,,,: ',44.1-#.7.7wirmpaia710.7111.:111.7.±. LOCATION, CI,CA 74TITON VeTe=c•7-2.49'.1.' ---SOF A. A.. OM AC1.51 44.5 SP PACS,ACT.4 57.4.42,STALLS(9 X TON SO STALLS 5,49.5 O 5 F 9 ocl X --1_, ••,\ . ‘'O\.- *'To,'‘, 1111111 rill 15,12.3,5 or ITOLONG5. 5. .5LOGS PLUS F4C eLoc. pil 4 '...1t3Igf,:g1=x'" aa.t1 `"''''''' 17c.:.::7r•------ • 41_I — •:• - 43:. ': • \,.,i 114.4#e Art A A _ 5 KO.ITTIFETA(.31/ Ln FLAT.1 WA BA. 5.25 5/ Staf GE,f OWZ.ED1 ,Brrtn r ' wao DE505 E555o5AAA. s —r,y, I ! ' :,•,' nr,... ., .7=7 f:,`;‘:.;::,';', `.-,5;.2a TA t.I.V:i. r=r.altig V.°.' '`.7,Mtn ,.. ,. 55.TOT..PARA,.LOT Ar.• 1414474 AR5A•A5153 SO 5 Too ''C'''•LLC TYPETA OAT 7/2 FLAT,SOO DA. UV SF. TOTAA FX4.7.0. WiNtittfr E..,. ...:,. .. / \ .(15,1 3, FLAT,3!Eon BA. 1•793 5F. ,..:7\ ) ;Tit=24., 7.4.T.;IgnIfIg".'" :' ': I,"\-1-- - — — '''' ' 1 L- ----11---I . . •FrS. RE.,PL. - i § ---------•---- -__ .. -I-I-I E ES II__.1-..1 F FS S II-T-E F"ILA r.4 _ _ !•4 f.,•• _ ..... . . LANE WASNO _IGTON BLVD.NE Vt SHEET 1 OF 2 _ - • ,--- _ • _ .. • Vp MOM MILT. - § Y aE"7'a. M- rc na x[cnox s uxrs(µtics saU gEEai,c A n).9 uxns Q n.tixc nri wi S- rs(A k c /Et[vniaas)rwE'e' l -__ �i. 4exO5Gaixc♦aE� M rvns r e.urvns 93 u0 BE irvE'a I 7[ - Dt "/ " --1- e A',z a s i-- W A if et40%— C.,/foifr. ______ , ----_____ Nor Ar ly 4. �"OwQ�61i�3 ] l --,*-:,74: \-4k ---'.44\.""Vies.*"' IIMMI.R'lligt.plie-4RNI"--- fic,W*74V --_-_.--_-_-_ :N - ' NittV41111* Aji.._42fV157 ler4tftWie4; i -_______ o ,/ ,:,-,-„ , \I/kyr-cok0.\..-4 :--11„,.„1:14 giltatit7),,,t., */ , g o ry ^2 b "388p3,I ) i I., as Vs �) ,w m i ; N , ', 19Coxon0rip a ._ w.>a area 6' .. --►- § �l A� Iq""`""n""`..""I \ SCALE: 1" = 50' A 8 WEE WASMNGIDtl BLVD.HE - _---- -_ - `' LA THE BLU FFS SITE PLAN `- SHEET 2 OF 2 SCHEDULE 3 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 01/21/2002 Rev 02/04/2002 Legal Description for The Bluffs Greenbelt Tracts 334 through 335, C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 336; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405). All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 8, 2002 TO: Laureen Nicolay FROM: Sonja J. FesserR • SUBJECT: The Bluffs,the Consolidated Legal Description and the Greenbelt Legal Description Review Bob Mac Onie and I have reviewed the above referenced legal descriptions and find them to be satisfactory as presented. CITY OFIVE RENTON RECED FEBn82002 BUILDING DIVISION \U:\SFESSER\BLUFFS 16.doc CONTRACT BOND SAFECO INSURANCE COMPANY OF AMERICA (MISCELLANEOUS-- NOT Seattle, Wasinghton CONSTRUCTION) Bond No. 6151332 KNOW ALL MEN BY THESE PRESENTS,That we; Bre Properties, Inc. ' of 44 Montgomery Street, San Francisco, California 94104 ,as Principal, (hereinafter called Principal), and, SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of Washington with its Home Office in the City of Seattle, Washington, as Surety, (hereinafter called Surety),are held and firmly bound unto City of Renton, Washington as Obligee, in the full and just sum of Thirty Nine Thousand Seven Hundred Fifty and no/100ths :039,750. ) Dollars, lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS the Principal has entered,or is about to enter, into a written Agreement with the Obligee for The Replacement of Dead plants as is more specifically set forth in said Agreement, to which reference is hereby made. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and truly perform and carry out the covenants, terms, and conditions of said Agreement, then this obligation to be void; otherwise to remain in full force and effect. Sealed with our seals and dated this 5 th day of. February 2002, Witness: 7e`° _BRE Properties. Inc._ (SEAL) (Principal). . 2� (SEAL) CITY OFRENTON SAFECO INSURANCE COM Y OF AMERICA RECEIVED FEB 0 6 2002 By ✓ Br ey N. fight,A tomey-in-Fact BUILDING DIVISION r J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :ra.is.t,..C,..�cGsacG�t,s,is .• S,a Sr4S.,.cat.:4t .., C.aC�c.zG!i-x.t .tiv, .:1 s4..v�CsNvss c.stc.i:� <caC .,v 5 State of Californ' A � ^ ss. �+County of a � S 60 (1 r ( On [� efore me, V"� C i, LNOLui_11.01, L..._... ,�1 ��b (�' pie Name and Title of Officer e.g.,Jane Doe,Notary Public") r U ,n personally appearec �(�L.� (J--(Alirlii---iN- .• G \Name(s)of Signer(s) A 1.4 personally known to me . ❑ proved to me on the basis of satisfactory I c'e evidence q (� to be the person,(whose name/is/aye" subscribed to the within instrument and (. acknowledged to me that Iasi/she/they—executed t the same in Sher/their— authorized 1 ( , capacity(les°j, and that by 14:rs/herit ' ci • (4, r PATRICIA LEE HEIMERL signature '"on the instrument the person ) or ,u- �M.#1335940 the entity upon behalf of which the person 1 p y Notary Public-Californiai acted, executed the instrument. ,j f W 1 SAN FRANCISCO COUNTY -+ II 7� rdy,Comm.Exp.n.c 22,200 tt (• iii SS my hand nd official•se I. y)II I 15 I Signatur of tary Pu is Lb ( OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent t' Pt, fraudulent removal and reattachment of this form to another document. <I Description of Attached lime ';�1 Title or Type of ocu ent: A- l ( Document Date: Aft. 5 t279b pd----J Number of Pages: 1 1 • Signer(s)Other Than Named Above: r f I. Capacity(ies) Claimed by Signer r (, Signer's Name: r- , I 'i / 1 -_,. RIGHT THUMBPRINT ) I� PF SIGNER ID Individual Air t / Top of thumb here 11 (' A'Corporate Officer—Title(s): • ; - 1 •'1Y i % lc§ ❑ Partner—❑ Limited ❑General (Qi ❑ Attorney-in-Fact • - ( ❑ Trustee [74 0 Guardian or Conservator h l,. 0 Other: Signer Is Representing: c ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nalionalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF SAN FRANCISCO } • On February 5, 2002 before me, Doris B. Diaz, Notary Public Date Name, Title of Officer,Notary Public personally appeared Bradley N. Wright, Attorney-In-Fact NAME(S)OF SIGNER(S) )(personally known to me- OR-O proved to me on the bases of satisfactory evidence to be the person(%whose name($ is/aX subscribed to the within instrument and acknowledged to me that he/s /thh executed the same in his/lV/tlr authorized capacity (it, and that by his/h /tlr signature on the instrument the person(, or the entity upon behalf of which the person(( acted, executed the instrument. WITNESS my hand and official seal. f. H DORIS B.DIAZ =;� .o COMM.#1181809 n o NOTARY PUBLIC•CALIFORNIA SAN FRA BLO COUNTY /j 47o�*a My Comm.Expires May 22,2002 Signature of Notary v POWER SAFECO Insurance Company S A F E C O® PO Box 34526 OF ATTORNEY Seattle,WA 98124-1526 No. 8057 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********KATSUKO TAKATA;BRADLEY N.WRIGHT;JOHN T.LETTIERI;CAROL B.HENRY;ERIC NIETO;SAUNDRA L.GINGRAS;San Francisco,Califomia******** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents L this 13th day of September , 2001 . .-aiFQ....67, /AI- L_ G , R.A.PIERSON,SECRETARY MIKE Mfit VICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I.R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation . this 5th day of February , 2002 . r fir C0/40141::free, etE Caffp4t CONE SEAL ySEALi 00 195 94 I 23 `tea - Q6, ti20 7 -- "Of IVAS 8Of WaSiA R.A.PIERSON,SECRETARY S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 9/13/01 PDF &weir ifflognam, RECEIVED • JAN 2 9 2002 • CITY OF RENTON• ammoDI ISION PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT RFEETB0 �CER(V20ED02 - MAINTBNANCE BOND • Bond Number 6151320 . 1 • SuILDINQ DIVISION KNow ALL M NByTHESEp SExrs;&awe BRE Properties, Inc. • as • cipal and Safeco Insurance Company of America x a. corporation organized and existing under the Laws of the State of Washing ton • � i 1 11.4 e i PANTON as Obligee,in the total sum of it y even a . •P 10 1 , ($ 118,737.90 • ) dollars, for the payment of whiob,well and truly to be made,the executors,administrators,successors and • assigns,jointly and severally,firmly by these nresents: i`pn: Landscape Maintenance • • • NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of Three _ year(s) following completion, then this obligation shall be void otherwise it shall remain in full force and effect. SIGNED,SEALED AND DATED this; 1 7 th day of January 20 02 . BRE Properties, Inc. • SUBSC1FIBED AND .SWORN TO . before me this J"K day of February, 2002. , - BY: Applicant's S' Saf,eenqrance Company of America Suz n D.• 1„� Notary 1I _ ... / �J Residi 'om'' Et % V%, ;jn„ !%" • My Co':1, *'.•• -+1.1 " .,� 9/9/05 , I ' Sigtiat,ti CfBondingAgent •Bradley N. Wright � • b10TARy►V �� i f Attorney-in-Factit. a..� i� • I I 1i: ' t'W1Ulvtisiei. n�ibeveiapSe v\PtonRev1C1oseouataint13ondFotm . 7% $•••.•i l l • • ` I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF SAN FRANCISCO ) • On January 17, 2002 before me, Doris B. Diaz„ Notary Public Date Name,Tide of Officer,Notary Public personally appeared Bradley N. Wright, Attorney-In-Fact NAME(S)OF SIGNER(S) personally known to me—OR- Oproved to me on the bases of satisfactory evidence to be the persona whose name() is/cg subscribed to the within instrument and acknowledged to me that he/X/tlik executed the same in his/liCr/tle authorized capacity(*), and that by his/h /tl r signature*on the instrument the persona, or the entity upon behalf of which the person acted, executed the instrument. E.hlik DORIS B.DIAZ �7 WITNESS my hand and official seal. a `P 5 ,� COMM.#1181809 ..� NOTARY PUBLIC•CALIFORNIA N U • y SAN FRANCISCO COUNTY N oar My Comm,Expiras May 22,2002 Signature of Notary S A F E C O® POWER SAFECO Insurance Company PO Box 34526 OF ATTORNEY Seattle,WA 98124-1526 No. 8057 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********KATSUKO TAKATA;BRADLEY N.WRIGHT;JOHN T.LETTIERI;CAROL B.HENRY;ERIC NIETO;SAUNDRA L.GINGRAS;San Francisco,California******** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September , 2001 . a� k PG ‘ R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.- FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authorityp appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or OR any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of theeoard of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 17 th day of January . 2002 . r •i �g,®� 4���CE COMp"ws, E _`' CORPORATE 1 SEAT; .1 SEAL T /'J . 1953 ,, leo a. 9 WYASt " e°tw S� �� R.A.PIERSON,SECRETARY S-0974/SAFE 2/01 ®A registered trademark of SAFECO Corporation 9/13/01 PDF B&RxE Properties,Inc Pacific North West Division 400 North 34hstreet#203 B•R•E Seetile,WA98103 PROPERTIES (206)5474800 Fax(206)547-5080 CITY OF RENTON RECEIVED February 4,2002 FEB 0 5 2002 BUILDING DIVISION Laureen Nicolay Senior Planner City of Renton 1055 South Grady Way Renton,Wa 98055 RE: The Bluffs—Landscape Bond and Revisions to Legal Description Dear Laureen: I am returning the landscape bond for$118 K that you wanted signed Also enclosed are the revised legal description for the Bluffs—Schedules 1 &2 Sincerely, E. Richar (Rick)Moore Sr.Project Manager Cti Y 9f City of Renton a ® ♦ Development Services Division 1055 South Grady Way, 6th Fir NT0 Renton, WA 98055 Date: o/ / 2002 TO: Ri��, lloarri FROM: Laureen Nicolay Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 ' SUBJECT: /. 4(%zp?Zt ! Number of pages including cover sheet: 4i Obrif REMARKS: ❑ Original to Per your ❑ Reply ❑ Please ❑ For your be mailed request ASAP Comment review Vocivirti-rvin Ahead of the curve I Laureen Nicolay -Re: Bluffs Declaratic CC&Rs Page 1' From: Laureen Nicolay To: rmoore@breproperties.com; T., Brohard, Jonathan Date: Friday, February 01, 2002 8:44:51 AM Subject: Re: Bluffs Declaration of CC&Rs The City Attorney has now approved the form of the latest version of the covenants. Our Property Services Section has indicated changes are needed to the revised site legal description and the greenbelt area legal description. I faxed those comments to you, Bruce Dodds, and Rick Moore this morning. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425)430-7294 Fax: (425)430-7231 Inicolay@ci.renton.wa.us >>> "Brohard, Jonathan T." <JBrohard@ssd.com> 1/30/02 4:01:50 PM >>> Laureen: Attached for your review is a revised draft of the Bluffs CC&Rs reflecting the final change you described on the voice mail you left me this afternoon. I understand Rick Moore has the final exhibits and will be forwarding them to you. Please do not hesitate to call if you have any questions. Thanks for your continued cooperation on this. Regards, Jonathan T. Brohard Squire, Sanders & Dempsey L.L.P. Two Renaissance Square 40 North Central Avenue, Suite 2700 Phoenix, Arizona 85004 +1.602.528.4022 Fax: +1.602.253.8129 JBrohard@ssd.com www.ssd.com •Almaty • Beijing • Bratislava Brussels • Budapest• Cincinnati - Cleveland • Columbus • Hong Kong • Houston • Jacksonville • Kyiv • Los Angeles • London • Madrid • Miami • Milan • Moscow • New York• Palo Alto • Phoenix • Prague • San Francisco • Taipei • Tampa • Tokyo • Tysons Corner•Washington DC • Associated Office: Dublin A member of the Renaissance Network of independent co-counsel in China: Beijing, Chengdu, Dalian, Fuzhou, Guangzhou, Haikou, Nanjing, Ningbo, Shanghai, Shenzhen, Shijiazhuang, Suzhou, Taiyuan, Wenzhou, Wuhan, Xiamen, Yantai, Zhengzhou. This e-mail is confidential and is intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this sr ° City of Renton „u I Development Services Division `e$?t\ d " 1055 South Grady Way, 6th Fir N`r Renton, WA 98055 Date: j 2002 TO: - �'h�-, 5-od FROM: Laureen Nicolay MoOre, Senior Planner /3/VC& /70d Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 t_e_eaL G�P�G"ijQ�Z�'tS ' SUBJECT: -f rV411 e- 61 C4 S I Number of pages including cover sheet: REMARKS: ❑ Original to ❑ Per your ❑ Reply ❑ Please ❑ For your be mailed request ASAP Comment review aZ 6C-Cri re b y� ri_eft /,) ac0,2- amd d 7,b 76 -- 01 oiteot, (Aiqctoma. c.hy -jite ffeei r'!ck l )60•1- M S morn n / e t vie t GC r 4't Se0L Sl�e pia') amo� / w re-K4��,‹ % 6 e—/ h -/ 2rw i ,T arn.0 , f se i � _ 5 Jury I/(,/'s O -Ae. ale, // t . o�, Gseaud Ce enar rYio 7 p ham t° � `�-� � s �2 J wont(ydu. lartirthrifin Ahead of the curve CITY OF RENTON RECEIVED JAN 31 2002 BUILDING DIVISION CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 31,2002 TO: Laureen Nicolay FROM: Sonja J.Fesser SUBJECT: The Bluffs Consolidated Legal Description Review Bob Mac Onie and I have reviewed the above referenced legal description submittal and find the following items need to be addressed: 1. An exception for a triangular portion of Tract 336 of C.D.Hillman's Lake Washington Garden of Eden Div.No. 5. See attached and the site plan drawing. 2. An exception for a triangular portion of Tract 323 of the aforementioned plat. See attached and the site plan drawing. 3. Add the following indexing information at the end of the legal description: "All situate in Government Lots 2,3 and 4 of Section 5, Township 23 North,Range 5 East,W.M., in the City of Renton,King County, Washington." The first two items noted above could best be remedied by removing references to the relevant tracts from the legal description's caption. The legal description for The Bluffs Greenbelt needs to include Item No. 1 as noted above. Again, add the above referenced indexing information(Item No. 3)to the end of this legal description,but only include Government Lots 2 and 3. • \U:\SFESSER\BLUFFS 15.doc 2000n 6 /.2 90o0o /- /.3(99SA 50V1N L1 TRACT 373 t N89773'46'W '76'35 E ' 1 1 — N �eas7 C c)) 5 .36' .-1/23' 4B4e( A - �No ni 1/4 of = 1 SEC 5-13-05 END MON IN CASE t1=orsr5r11 I - (7/94) R= 1531.95' ... TR 334 t-52.53' TR 33 I ; GRAPHIC SCALE = Hit I h `i tet,S .s �, (Dim?) _ —1 /: —— 1 loch_100 ft. Z,� �, TR 335 I61 1 a, /-o LEGEND ..,, •C1 i 4.37 _B NON R/CASE \ iN0 MON 4- \ TR 33.Y I I ,r f./ 6 76'3$"W A. PK NAK BRA55 DISC "p o jerff J,�IRACI 318 O O ON Ig!CAP (7/94) �J 1`, 6 I I A=0046'12" I • sfT.7/7`RfBAR.F:cw \ O A = 673.69' ,� KC�q AhOCR,(XAPNER i ��� / coo 1/1 SEQiICWC04OPAFR I • ', ( • _- B LS p470 ,ADO v ry .10»sr Y : .//_ T5'WATER\.. I I 13 P I i 'T II.L A 861031 -J �1 x z�rn r tt ��\ l� ( //�,_�,, I W I $ \,d\3.\ I , _ - \ 4 E \ ( \ J /1C p/ I W l �^�C ` f`A , Mr MIX G4 \ \1 1 CENTER UNE of — .K'D C. ''/ cT 51 TE 5'WATER EASEMENT 1 / A/F 8702180124 NC nn Sr 1 , 125. ! P 1 1 1 o - Aw omT "'" \\ \ 1 0611,02ND 'IL•� \\ ' FWD RAY '^1�J O 1 —1 �•7 At th _w558�s4 1 L VICINITY MAP \1,d '23�E / wo _ _`/'/86 J12TW �� \1 \t E 2,1„, N1234 '� -- - -� `,. M\✓�' �/— 1,1 .29B,4 ' 100 ` a DRAINAGE\ �" . " / tt « _ OUTTALL AMENDMENT OF RECORD OF SURVEY RECORDED oy �� TR 344 0 IN VOLUME 127, PAGE 57-B, RECORDS OF KING' y�.r ,� Ri i 0//30. ``� omrsuOKo I C/L DATA 0-405) COUNTY, WASH/NGToN, UNDER RECORDING // / \ TR 325 A- 132300" /// \ R- 11460.00' NO. 9901159003; \ p. 1.5'WATER EASEMENT7 .: A/F e7D21ed77T� 'S 30'u1x/ i \ Ek' T 1344.55' - -•� ' /Al/ �, 12031457 \ L -2676.66' s>,R EL PO 1_ - �(//1/�u'M - - OTA�{/L - \ TR 358 %/ 4 K3 / VACATED g r OF-Iwr I — PC 37347Q8'(MSOIU�1 E,�`lA '. //,:/ tib ow LN029 RECORDED UNDER I t V PC 373+77.Ir(C.LLD) _ C�' r'I% LtfC psuanas7 - - \m''��1 ri `/ r. TRS 345 & 346 1 1 i , , Q \1� i1,1 7�/ ../ W 5�7:IJ 24 • "'� LLP1A 2. a "z f''w /, ,/ / e TR 324 l ;,i� n,1 c o /, / \/ PROPERTY LR/ES ESTABLISHED 1 p 1n A ����� 5 y- J_/ \ L ` RECORDED UNDER REC.BY SURVEY 0 e „ 1 y` QJ \ N0. A/A/CE9011 h BOUNDARY —..L_—_ g bl I PORTION OF THE SE 1/4 OF J J \ \ 4, RED/8506240829 fCQPDED UIf = m° < \ TR 357 y- / i THE NW 1/4 AND THE NE 1/4 �`' —m \ '°°' ^15.I7' $877422 ___ OF THE SW 1/4 OF SEC 5, c, --- Cy \1 D' J ,�/ TR N887.15=W TWIN 23 N, R 5 E. W.M., KING v� c m� —\_ \vN COUNTY, WASHINGTON O ma ® \\TR 356\�`. \ 4I AL TA/AGSM LAND TITLE SURVEY z _ a all....11 TOUMA ENGINEERS & FOR MATCH LINE SEE SHEET r OF 3 LAND SURVEYORS LEGACY PARTNERS RESIDENTIAL INC. --- - WEST VALLEY BUSINESS PARK DWN.BY DT DATE JOB NO. 6632 SOWN 1915T PLACE,SUITE E-102•KENT,WA 98032 7380024ETADWD FEBR/ARY 2000 778-002-981 . PHONE(425)251-0685 FAX(425)731-0823 CHKD. BY SCALE SHEET MT NO7EED d CIibPDF•www.fastio.com - - ram. SCHEDULE 1 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 8/31/98, Rev 01/10/2002 Consolidated Legal Description for The Bluffs Tracts 317 throug 334 throug 336, 44 through 346, and 348 through 353, C.D. Hi!mans Lake ashington Garb : • if Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; . AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 317; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and westerly of the easterly margin of Lake Washington Blvd. North.; TOGETHER WITH those portions of vacated Lake View Boulevard which attach thereto by operation of law. SUBJECT TO City of Renton Lot Line Adjustment LUA-00-093-LLA as recorded under Recorder's No.-20001018900004 and subject to a boundary line agreement as recorded under Recorder's No. 20010425001979, all in records of King County, Washington. ')ITY OF RENTON SCHEDULE 1 RECEIVED JAN 1 1 '�uiLDajG DIVISION • • CITY OF RENTON B.R.E. Builders, Inc. Jar! 2 ' 'fl02 400 North 34th Street, Suite 200 Seattle,WA 98103 BUILDING---,, ORISONE PROPERTIES Telephone: (206)547-4800 Facsimile: (206) 547-5090 TO: Laureen Nicolay FROM: Rick Moore COMPANY: City of Renton DATE: 1/31/02 1055 S. Grady Way Renton, WA. 98055 PHONE: (425)430-7294 RE: The Bluffs •�irti�rw.ice/?`'•.�JiAuici.::,5%w_vi�%,r%l%ri;._�r.✓ 1�.,.'•;3%.ri�?ic�!.J B3r>.acsf''%.rir:�!:sip/r✓i�'i�+i2-lr/2�'ire"��9';va°rr'ed5'1?/f��.i�/:,,v✓ic? "id�j7iJ/i_iaaiSiai:,r._y�,:!_mad:'i:��sl�!; WE ARE SENDING YOU ATTACHED VIA: FAX OVERNIGHT X OTHER 1ST CLASS MAIL COURIER PAGES DATE • DESCRIPTION 2 1/30/02 Cover sheets/Site plans THESE ARE TRANSMITTED AS CHECKED BELOW: X For your Approval X For your Information X For your Use X As Requested X For your Review&Comment Remarks: COPY TO: SIGNED: Total number of pages including cover: E' . 'J B.R.E. Builders, Inc. 400 North 34th Street, Suite 200 B•R•E Seattle,WA 98103 PROPERTIES Telephone: (206) 547-4800 Facsimile: (206) 547-5090 • TO: Laureen Nicolay FROM: Rick Moore III COMPANY: City of Renton DATE: 1/31/02 PHONE: RE: The Bluffs WE ARE SENDING YOU ATTACHED VIA: HAND CARRIED FAX OVERNIGHT OTHER 1sT CLASS MAIL COURIER ;,xPAGES ; ; DAATE f,, `DESCRIPTION, 11 1/31/02 Covenants/Restrictions—Executed Original THESE ARE TRANSMITTED AS CHECKED BELOW: For your Approval For your Information For your Use As Requested For your Review&Comment Remarks: COPY TO: SIGNED: Total number of pages including cover: CITY OF RENTON RECEIVED FEB 01 2002 BUILDING DIVISIO1. r • BARE Properties,Inc Pacific North West Division 40oNath34fiSteet#200 B•R•E SeatllWA 98103 PROPERTIES (206)547.4800 Fax(206)547-5090 January 31,2002 Laureen Nicolay Senior Planner City of Renton 1055 South Grady Way Renton,Wa 98055 RE: The Bluffs—Landscape Replacement Bond Dear Laureen: A bond will be delivered directly to you via our corporate office. The bond is for replacement of plants that die off. The bond is for$37,500. This is based upon 150%of the estimated plant replacement cost which was computed as 10%of the original planting installation costs. See attached Sincerely, *!S$Moore Sr. Project anager RETCEIVED FEB 0 1 2002 BUILDING DIVISION Jan 31 Lie rlewiete racKara c0a-00u-.Trot N. c . ! iL Certified.Landscape Management Job Estimate • 14040 SE 194th St P.O.Box 58921 • Renton, WA 98058 I DATE • 1 'NAME/ADDRESS I 1/31/2002 I • I Pinnacle on Lake Washington • 1400 Lake Washington Blvd North 1 Renton WA 98056 Job Location Pinnacle Lake Wash... DESCRIPTION TOTAL "I Over the next three years, (per city of Renton landscape replacement 24,355.00 requirements),replace various trees,plants and ground covers throughout all formal landscape at property known as the Pinnacle on Lake Washington. $.S% sales tax I 2,143.24 SO 6Tr) • 3 ro 3V • • TOTAL ,- . $26,498.24 • • TO:BLUFFS JOB SITE ' Z,, ,— — . . . M s �. 'EXHIBIT"C" SURCON7RAYQg 8CH DULE OF VALt1R,S ' SUBCONTRACTOR:Shamrock LandsCapin* CONTRACT*: PNW 0107 Doss-MOW• Landscaping PROJECT NUMBER 07.791 DATE: August 18,2000 PROJECT NAME: The-Bluffs • VENDOR ID 0: RECORD;::.I sr ::kuF�t►s;R€M Qhi::! .6, 601.44:. FORIM?.MENT:,:::,.:::;:. '';i:i�ii'c;;;tiic�::$: r ;:�:� k5i'c 'i�.':� �i�r�:••''��:::: .>;1OTAS•xMt311NT:u::: 1 80-020 i BldgA trrlgatlon 1 10,534.00 10,534.00 2 ,80.020 ;: •.A Soil Pre _ p _ 1 4 6,000.00 6,000.00 ,� 3 80-020 Bldg A Landscape 1 20,870.00 20,878.00 ' 2 G�•F-Ci 4 80-020 ;Bldg B Irrigation t� 1 6,778.00 8,778.00 5 80-020 lit Idg B Solt Prep 1 5,000.00 5,000.00 6 80-020 I.,Idg 0 Landscape ? 1 17,399.00 17,399.00 1-7/3 cj LI 7 80-020 ;Bldg C Irrigation 1 10,534.00 10,534.00 ri 80-020 !Bldg 0 Soil Prep 1 0,000.00 • 8,009.00 • 9 80-020 1 Bldg C Landscape 1 20,878.00 20,878.00 2 0, ?78 10 80-020 ';Endo D Irrigation 1 8,778.00 8,778.00 11 80-020 Bldg 0 Sal Prep 1 5,000.00 5,000.00 12 80-020 1:dg_D Landscape 1 17,399.00 17,399.00 13 80-020 t,t Idg E irrigation 1 8,778.00 8,778.00 •- • 14 80-020 IBldg E Soil Prep 1 5,000.00 5,000.00 15 80.020 :Bldg E Landscape 1 ' 17,999.00 17,399,00 18 80-020 I Bldg Flrrlgatlon 4 1 8,778.00 8,778.00 ... Q/ �j 17 80-020 l:Idg F Sod Prep ,, 1 5.000.00 5,000.00 ` 18 80-020 !!:ktg F Landscape 1 17.389.00/. 17,399.00 19 00-020 ;Bldg 0lydgallon 1 8,778.00• 8,778.00 •'^ 20 80-020 'Bldg G Sod PteQ 1 8,000.00• 5.000.00 t4 21 80-020 1 Bldg Ca 22 80.020 (Bldg H IMpatton 1 Landscape . 1 17,389,00! 17,399.00- 8/78.00 8.778,00 23 80-020 i: H Sop Prep a 1 5,000.00' 5,000.00 . 24 80-020 :Idg H Landscape 1 17,300.00 17,399.00 25 80-020 1:ldq Res IMgation 1 14,045.00E 14,045.00 26 80-020 �Btdg Res Sal Pfep ' 1 0,000.00 8,000.00 2 27 80-020 191dg Roc Landscape' 1 Sa38.00 27,36.01) 2.7,?3_, 28 80-020 i'-hesell Southerly Slope 1 28,000.00. 28,000.00 28 80-020 :Phasell Entry canyon Slope 1 15,000.00 15,000.00 30 80-020 Missal'Endl AM East Slope 1 18,000.00 18,000,00 O j coo 31 80-020 I Phasell BldkBjo Swale . 1 4,000.00 4,000.00 32 80-020 ,-nasal)Bldg DM East Slope 1 12,000.00 12,000.00 ' 33 80-020 j-hesel a d Slope p 1 14 000.00 14 000.00 34 80-020 1 alit 90 day F,G, . 1 2,700.00 VIRI.00 36 80-020 Maint 90 day D&E 1 ' 2,160.00 2,160.00 36 80-020 I a&M_00 day Clublto\sa 1 960.00 960.00 37 B0-020 :IM 90 day B,C . 1 1,800.00 1,800.00 24221 Z 38 80-020 Matnt 00 dl A 1 900.00 900.00 1 90 1 0.00 91 I 1 1 0.00 92 ; 1 0.00 p ii--) ORIGI , SUBCONTRAC AMOUNT ` 411,287.t10-I, h nSED5u8CO RACTAMQUN7 411,287,00 LESS MT/MADE 1096 41,128.70 Nt:Y'_.` 370.158.30 1', ti9 2 • • )(... /3eil, c)4t-g-ed L' J e- :lie rcf-e c4,4-c�-e- tj a,zwz , - k6? 397. S ( 3g '7.D Page loll ElLaureen Nicolay Bluffs beclaration of• &Rs � Pa-be-TT From: "Brohard, Jonathan T." <JBrohard@ssd.com> To: 'Laureen Nicolay' <Lnicolay@ci.renton.wa.us> Date: Wednesday, January 30, 2002 4:19:23 PM Subject: Bluffs Declaration of CC&Rs Laureen: Attached for your review is a revised draft of the Bluffs CC&Rs reflecting the final change you described on the voice mail you left me this afternoon. I understand Rick Moore has the final exhibits and will be forwarding them to you. Please do not hesitate to call if you have any questions. Thanks for your continued cooperation on this. Regards, Jonathan T. Brohard Squire, Sanders & Dempsey L.L.P. Two Renaissance Square 40 North Central Avenue, Suite 2700 Phoenix,Arizona 85004 +1.602.528.4022 Fax: +1.602.253.8129 JBrohard@ssd.com www.ssd.com •Almaty • Beijing • Bratislava • Brussels • Budapest• Cincinnati • Cleveland • Columbus • Hong Kong • Houston • Jacksonville • Kyiv • Los Angeles • London Madrid • Miami • Milan • Moscow • New York• Palo Alto - Phoenix• Prague • San Francisco • Taipei • Tampa • Tokyo • Tysons Corner• Washington DC - Associated Office: Dublin A member of the Renaissance Network of independent co-counsel in China: Beijing, Chengdu, Dalian, Fuzhou, Guangzhou, Haikou, Nanjing, Ningbo, Shanghai, Shenzhen, Shijiazhuang, Suzhou, Taiyuan, Wenzhou, Wuhan, Xiamen, Yantai, Zhengzhou. This e-mail is confidential and is intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message from your computer. Thank you. <<Bluffs Declaration of CC&Rs v4.DOC» CC: "'rmoore@breproperties.com"' <rmoore@breproperties.com> CIT _ OF RENTON to r - Office of the City Attorney • Jesse Tanner,Mayor Lawrence J.Warren • ��vEt.oPM�rar P CITY OF 17EIV pN�ING • JAN 3 2007 • MEMORANDUM RECEiv ED TO: Laureen Nicolay From: Lawrence J. Warren, City Attorney Date: January 29, 2002 Subject: Bluffs CC&Rs The covenants are approved as to legal form. I understand from our conversation that there may be some minor wording change necessary to get the cove is to exactly comply with the Hearing . Examiner and ERC conditions for the project. • Lawrence J. amen LJW:tmj . cc: Jay Covington • • • • Unto 1901 2001 Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX 425-255-5474 • 4?).• m This paper contains 50%recycled aterial,30%post consumer C72 ten'oN Laureen Nicolay -Re: FW: The Bluffs �Rs Page 1 From: Laureen Nicolay To: Rick, Moore, Date: Wednesday, January 30, 2002 3:53:46 PM Subject: Re: FW: The Bluffs CC&Rs Thanks Rick. I think, aside from the schedule attachments, that this is about ready for signatures. I found one additional change needed to Article 11.5 (just to omit a reference to a non-existent Article 10 which had been previously deleted)and left a phone message for Jonathan Brohard that, once that change was made, that the text of the covenants was okay by me. I am still waiting for the City Attorney's comments and the review comments on the schedule attachments(legal deceptions). The final landscaping and land use permit condition inspection is scheduled at 9:00 on Friday. Bob Arthur will be visiting the site. Please contact me by 8:00 AM Friday should the project not be ready for inspection. Thank you. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425)430-7294 Fax: (425)430-7231 Inicolay@ci.renton.wa.us >>>"Moore, Rick" <rmoore@Breproperties.com> 1/30/02 3:28:03 PM >>> The second document is the current document without strike-throughs. Original Message From: Brohard, Jonathan T. (mailto:JBrohardssd.coml Sent: Tuesday, January 29, 2002 3:38 PM To: 'rmoorebreproperties.com' Subject: The Bluffs CC&Rs «DVComparison #164273 v2- Bluffs Declaration of CC&Rs-#164273 v3- Bluffs Declaration of CC&Rs_v1.DOC>> <<Bluffs Declaration of CC&Rs_v3.DOC>> Rick: Attached is a revised draft of the Bluffs CC&Rs, along with a redline showing the changes requested by Laureen. I have faxed the redline to Laureen for her review. If she approves the final changes, we can arrange to e-mail this version to Pete Rocereto for execution. Please do not hesitate to call if you have any questions. Jonathan T. Brohard Squire, Sanders& Dempsey L.L.P. Two Renaissance Square 40 North Central Avenue, Suite 2700 Phoenix, Arizona 85004 +1.602.528.4022 Fax: +1.602.253.8129 JBroharda,ssd.com www.ssd.com *Almaty • Beijing • Bratislava • Brussels • Budapest• Cincinnati • Cleveland • Columbus • Hong Kong • Houston • Jacksonville • Kyiv • Los Angeles • London • Madrid • Miami • Milan • Moscow • New York• Palo Alto • 01/30/2002 14:50 FAX 602 253 8129 squire sanaers uz1u1 LJ UVO and by such acceptance for itself, its heirs, personal representatives, successors and assigns, agrees with Owner and with the grantee(s) and subsequent Owners of any part or portion of or interest in The Bluffs to keep, observe and comply with these Covenants, and to perform all obligations on its part thereunder. 11.2 CONSTRUCTION. The provisions of these Covenants shall be construed to effectuate the purpose and intent of these Covenants set forth in Article 2. 11.3 SEVERABILITY. If any provision of this Declaration shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction for any reason, the validity of all other provisions, covenants, conditions, and restrictions shall not be affected and shall remain in fall force and effect. 11.4 SUCCESSORS AND ASSIGNS. This Declaration and the Covenants contained herein shall inure to the benefit of and be binding upon the heirs, personal representatives, grantee(s), lessees, successors and assigns of the Owner. In the event The Bluffs is at any time converted to condominium form of ownership, Owner may assign its obligations under this Declaration to the owners' association established in connection with such condominium, and •g thereafter Owner shall be relieved of any obligations hereunder. /K1 5 NOT A PUBLIC DEDICATION. x n Article 1 hereo thing herein contained shall be deemed to be a gift or dedication of any portion o e Bluffs to the general public or for the general public or for any public purpose whatsoever, it being the intention of Owner that this Declaration shall be strictly limited to and for the purposes herein expressed. The Owner shall have the right to close the Common Facilities and Greenbelt at such reasonable times as to prevent a dedication for a public purpose. 11.6 CHOICE OF LAW. This Declaration shall be governed by the laws of the State of Washington. 11.7 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Declaration shall be construed to render any third party a beneficiary to this Declaration or the Covenants contained herein,nor grant any such third party any rights or remedies under this Declaration. 11.8 ENFORCEMENT. Any violation or breach of these restrictive covenants may be enforced by either the City of Renton or any property owner adversely affected by such breach. SCHEDULES SCHEDULE I LEGAL DESCRIPTION OF PROPERTY SCHEDULE 2 THE BLUFFS SITE PLAN R E C E►NTON VED SCHEDULE 3 GREENBELT DESCRIPTION .1AN 2002 SCHEDULE 4 INTENTIONALLY DELETED BUILDING • • 7 01/30/2002 14:48 FAX 602 253 8129 squire sanaers uZrtii LEI U1J1 SQU�...:, SANDERS& DEMPSEY L,L.P, Two Renaissance Square 40 North Central Avenue,Suite 2700 Phoenix,Arizona 85004-4498 QUIRE LEGAL Office: +1.602.528.4000 COUNSEL Fax: +L602.253.8129 SAN DEilS WORLDWIDE RL DWI D E Preferred Fax: +1.602.253.8129 If Problems: +1. . . January 30, 2002 PLEASE DELIVER THESE PAGES IMMEDIATELY No. of Pages (including cover): /;____ To: Laureen Nicolay Facsimile No: 1.425.430.7231 Company: City of Renton Confirmation No: 1.425.430.7294 From: Jonathan T. Brohard Direct Dial No: +1.602.528.4022 E-mail: jbrohard@ssd.cor Re: Revised Covenants -Bluffs Message: See attached. CITY OF RENTON RECEIVED JAN 3 0 2002 BUILDING DIVISION CONFIDENTIALITY NOTICE: The attached information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above,If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination,distribution or duplication of this communicadon is strictly prohibited. If you have received this communicadon in error,please notify us immediately by • telephone and return the origins'message to us at the address above via the postal service.Thank you. Sender No.: 07573 53060.00008 A. Carl Account No. Return to Office Job No: www.ssd.com 01/29/2002 16:43 FAX 602 253•„4129 Squire Sanders 02767 LJwi SQUIRE, SANDERS&DEMPSEY L.L.P. Two Renaissance Square 40 North Central Avenue,Suitc 2700 Phoenix,Arizona 85004-4498 LEGALci. sJI1R.iE Office: +1.602.528.4000 COUNSEL Fax: +1.602.253.8129 SANDERS WORLDWIDE Preferred Fax: +1.602.253.8129 If Problems: +1. . • January 29,2002 CITY OF RENTON RECEIVED PLEASE DELIVER THESE PAGES IMMEDIATELY JAN 3 0 2002 No. of Pages (including cover): BUILDING DIVISION To: Laureen NicOlay Facsimile No: 1.425.430.7231 Company: City of Renton Confirmation No: 1.425.430.7294 From: Jonathan T. Brohard Direct Dial No: +1.602.528.4022 E-mail: jbrohard@ssd.com Re: Revised Covenants-Bluffs Message: Attached for your review is a revised draft of the revised CC&Rs of the Bluffs. Please do not hesitate to call if you have any questions. 04 IfilV (jIgj% CONFIDENTIALITY NOTICE: The attached information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above.If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination, distribution or duplication of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the address above via the postal service. Thank you. Sender No.: 07573 53060.00008 A. Carl ! Return 3 Account No. to Office Job No: O `(f www.ssd.com CITY OF....:c.•JN RECEIVED WRRE Properties,Inc Pacific Northwest Division JAN 2.9 2002 34h Stityd.#200 BUILDING DIVISION B•R•E �h,WA98103 PROPERTIES (206)5474800 Fax(206)547-5090 January 29,2002 Laureen Nicolay Senior Planner City of Renton 1055 South Grady Way • Renton,Wa 98055 RE: The Bluffs—Submittal of Close-Out Documents Dear Laureen: Per your letter of January 11,2002 attached are the following documents: 'As-Built Landscape Plans €a' Maintenance Bond along with a copy of the contract between R� it�andscape e-`6010t maintenance company with calculations showing how the bond amount was derived. rY Revised Site Plan an Legal Descri tion Greenbelt Legal Exhibit v fri4rs STtet The exhibit for the greenbelt and the revised site plan have been changed per your recommendations and has been photographically reduced for recordation. A copy is submitted for review. The originals are being held until you give the word that you are satisfied with the documents. You should have received the revised Covenants from the attorney for your approval. Once you have responded, a fully executed original will be delivered along with the photographic copies of the exhibits. We still need the inspection of the sidewalks, trails, landscaping etc. The amount of work not complete is minor and in progress. We would like our final inspection as soon as possible in order to address any correction items and get them completed with our last building. Please contact if further information is needed. Sincerely, /r) . Ric rd (R Sr. Project Manager DecJiti ui`u ::jgp.,,. ... �.. .�.. _ . ... P. e N CITY OF RENTON RECEIVED '- JAN 2 9 2002 BUILDING DIVISION • • ertified Landscape Management Inc. 1,4g4o SE 1901 St. �----�— r'.q.Box 58921 R ton,WA 98058 (25.11)639 Ofi75 6/22/2001 Plnnnele on Lake Washington 1408 Lake Washington Blvd North Benton, WA 980S6 Atte:Nancy Niebeuer C/o BRE Properties • SPECIFICATIONS AND PROPOSAL FOR PINNACLE ON LAKE WASHNGTON A..VNVAL MAINTENANCE CONTRACT 1. LAWN SERVICE • Lawns shall be Maintained in a NW*&owing caadition. A. Mewing Frequency eh-November; Weekly mowiugs, D ember-Febduary: Ono or mote mowings depending on weather conditions. • B. :Edging and Trimming All high visibility and road visible Areas shall be edged or tamed weekly.Edging and trimming of all.curbs,sidewalks,beds and tree edges will be completed every other moNiekrig. Signs.or permanent structures will be trimmed every plowing to eliminate urtdesis able grasses. Bed and tree wall edges will be kept clean of debris. • I , • I- j C. Fertilization of Turf ' ,, N gen, Phosphorus,potash,and Iracc element's will be provided in a well balanced analysis to be applied in not less than,5 applications. . D. Weed Control in Turf Bparticle weeds will be controlled as needed to provide a weed free turf with select heibicides, E. Insect and Disease Control An insect and disease control program will be provided.Bar all=f grasses on an as needed basis. ft. TREES,SURUBS AND GROUND COVERS A. Fertilization Tres,shrubs and ground covers wiithe fertilized twice yearly.Once in early Winter and onbe in late Spring. B. Pruning All trees,shrubs and ground covers shall be maintained 6 inches to 2 feet off buildings and permanent structures.All trey end shrubs over 15 feet tell shall not be included in these specifications.Prune trees to maintain desired shape and balance.Remove diseased, cralasing and undesirable growth when noticed.Prune deciduous trees,shrubs and ground covers to maintain a desired shape and Sine as needed to provide a neat,trim aplPeatance. All trimmings will be removed off site. C. Insect Control Ttletinent oftrees and shrubs as needed to combat minor infestations.Major infestations arto he reported to Client with recommended control measures which will bear additional charges. , r — r. - ram. , 9. GENERAL MAINTENANCE A. Beds Al landscape beds will he kept clean and fresh looking. Office.entry and priority visible ar s will be kept fresh and clean Weekly. Weed control will be dons on a monthly ro 'on basis by tneehanioal means and will be supplemented with poet emergence and pr -emergence herbicides. Any ar has not considered a formal landscape will be viewed as a native area and will be ntaintauted as needed to control undesirable growth and maintain a neat appearance.Rough grasses and non formal landscape shall be cut and rd 24 inches from all formal landscape. B. Leaf Control Leaves will be removed from landscape and driveways as needed to maintain a neat, clean appearance. C. pard Surfaces ' All stalks and curbs will be cleaned of gardening debris which has resulted from Contractors activities during each visit.Building breezeways and accessible patios shall be blown free of debris twice monthly.Offices and 8'RE facilities shall be blown clean of deb ' as needed dining the workweek.All debris created by blowing shall be removed fro I site. Parking lots ore not included in these specifications, D. Conditional Cleanups and Repairs An acts of nature and/or condition resulting from storms,fl oods,tins' vyrade,l3eazing, co �truetion,renovation, etc.,will be invoiced on a time and materials basis as agreed to by oth patties before initiating a schedule of work to be accomplished. IV. IRRIGATION SYSTEMS A. Sprinkler system startup will be done in the spring(Apt-May)which will include charge up of main lines and turning the clook(a)on. Activate and evaluate all sprinkler syst4ms in preparation for seasonrd operation Monitor all systems weekly throughout smiting season for proper water usage.Deficiencies in sprinkler systems will be brought to the attention of the Client with a recommendation of cure.Any repair,evaluations and/or modifications will be billed one a time and materials basis. _ r. • Bi Winterization will be done in the Fall(Octaber/November)which will include shutting off the main lines,any additional water pumps and blowing out the main and lateral lines. Clock(s)will be shut off for winter dormancy, Sprinkler system damage caused by Contractors personnel will be repaired at no charge to Client unless it to shown the damages are caused by lack of proper installation of conditions.Under these aurceinstances repairs will be brought to the attention of Client. jI CONDITIONS Al. In consideration fbr,the work perfarmed by Certified Landscape Management,the cost shall be: S24,252.00 annually',with payment to be prorated over twelve continuous n:Eonths at a rate of$2,021.00 per month,Washington State sales tax at 8.13%will be aisplied to the monthly billing,i,aid tax will be$177.85,for a total monthly payment of S2,198.85 or an annual rate of S26,386.20. Payment will be considered:ate when payment is not received by the lOt i of the `< month following services rendered.The late charge will be 1.5%monthly/18%annually. . C, This agreement may only be cancelled for breach of contract,by either party;,upon 30 (thirty)days prior written notice. R. Should customer fail to make any payment on time,Certified Landscape Management reserves the right to caeca(this agfttelltellt and collect all previous balances and any prorated costs to be paid within 30 days of contract termination. El. It is the sole discretion of C:rtified Landscape Nlsnageenent„if necessary:to retain the • services of an attorney to collect any delinquent payments under this agreement. (lustomer shall be liable for all reasonable attorneys fees and costs Incurred In said collection whether or rat it is necessary to institute litigation.Both parties agree that any s4it to collect delinquent payment under this agreement may be brought to the King County Superior Court or the ling County District Court. `$G1Z6 34�6 .020 X 3 x /3-0Z /jg 737 ?O 9i5�d eftoo1J lI S311838088 380 Wdt.@:21 t092'St'AON RECEIVED ` { JAN 2 9 2002 CITY OF RENTON BUILDING DIVISION PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • • j . MAINTENANCE BOND Bond Number 6151320 KNOWALLIviENBYTI sEPRESENr's;thatWe BRE Properties, Inc. as principal and Safeco Insurance Company of America a corporation organized and existing under the Laws of the State of Washington � ena 1 1$s ' 4s r r e roN as Obligee,in the total sum of it y ev , } (0 118,737.90 ) dollars, for the payment of which,well and truly to be made,the executors,administrators,successors and assigns,jointly and severally.firmly by these nreseats: for: Landscape Maintenance • • • • NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy slid work free from defbots in materials and workmanship for a period of,three year(s) following completion? then this obligation shall be void otherwise it shall remain in full force and effect. SIGNED,SEALED AND DATED this; 17th day of January 20 02 BRE Properties, Inc. • BY: Applicant's Signature • Safe qpp:`thsurance Company of America • 0‘`) Sildatu€ofB'ondingAgent Bradley N. Wright U' : ice• Attorney-in-Fact /L Xv • ):11,( )1g/ i priml � vet \PlonRbiACl out\Maudt3ondFotm �° ` k f '1 „ lliSttisti• 454 c� 'r. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN FRANCISCO ) On January 17, 2002 before me, Doris B. Diaz, Notary Public Date Name,Title of Officer,Notary Public personally appeared Bradley N. Wright, Attorney-In-Fact NAME(S)OF SIGNER(S) Xpersonally known to me—OR - 0proved to me on the bases of satisfactory evidence to be the persona whose name) is/ e subscribed to the within instrument and acknowledged to me that he/ e/tl$ executed the same in his/1/6/40 authorized capacity(X), and that by his/l /tl it signature*oiz the instrument the persona, or the entity upon behalf of which the person acted, executed the instrument. a "F DORIS B.DIAZ .) WITNESS my hand and official seal. , 'o COMM,#1181809 U NOTARY PUBLIC•CALIFORNIA SAN FRANCISCO COUNTY a My Comm,Expires May 22,2002 IN A- Signature of Notary POWER SAFECO Insurance Company S A F E C O® OF ATTORNEY S a Box 2 ttle,WA98124-1526 No. 8057 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********KATSUKO TAKATA;BRADLEY N.WRIGHT;JOHN T.LETTIERI;CAROL B.HENRY;ERIC NIETO;SAUNDRA L.GINGRAS;San Francisco,California******** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September , 2001 L Gam, R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ...the President,any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of January , 2002 . „,tttt?:uffr"l . .. ... _ 04.210, ,44,� *,tvE COA/pO ' = CORP CRATE 1ti v 9 y x al 1953 4' 192% 4lFOr NO"- 491eof Was\A R.A.PIERSON,SECRETARY S-0974/SAEF 2/01 O A registered trademark of SAFECO Corporation 9/13/01 PDF ' `}s f O® City of Renton + Development Services Division 1055 South Grady Way, 6th Fir Renton, WA 98055 Date: 2002 TO: e, FROM: Laureen Nicolay Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Z _ as 3 _-1 29 Fax Phone: (425) 430-7300 SUBJECT: g p,,1 f s / I Number of pages including cover sheet: T a #s REMARKS: ❑ Original to XPer your ❑ Reply ❑ Please ❑ For your be mailed request ASAP Comment review I %aI1)01.L. Ahead of the curve ' w gi:1„% City of Renton ♦ - ♦ Development Services Division `e �� 1055 South Grady Way, 6th Fir �'NT Renton, WA 98055 Date: 1-.25- 2002 i GIG nary 0- n) ! 28 -/a £ ' TO: ehris /y(s FROM: Laureen Nicolay V Senior Planner lloa 2rah ° Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 ReoSgd Ce'vert4y ISUBJECT: 4140) ' Number of pages including cover sheet: /2 REMARKS: ❑ Original to ❑ Per your ❑ Reply ❑ Please ❑ For your be mailed request ASAP Comment . review f hae6 rowleat revica evite/f7a, rY o, akicC rllc>' jP q/7r' ) Ae (cry 1/1714�' D� 4?) pacca �" . afa pulemit4icaniyief/ of Vikte. ehon -/v doezerne,&601- OA' 6 /L6174 reaecf..), ,reitecai (2 f � wa have kem Wid O lM dr ayid /1,46: /e //l 9De6i %h Older -4 y 04 a`oar - l'L a i/� . U 11%..V111.tJI.1• Ahead of the curve CITY OF RENTON RECEIVED JAN 2 4 2002 When Recorded, Return to: BUILDING DIVISION Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, Washington 98055 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO THE BLUFFS, A RESIDENTIAL COMMUNITY Grantor: BRE Properties, Inc. • 0-1 Grantee: N/A _ �S ft (fi) t Legal Description(abbreviated): P „(� ® Additional on: Schedule 1 ,y�' Assessor's Tax Parcel ID #: 334450-0390-06. 334450-0345-02; 052305-9072-07; 052305-9034-04; 052305-9036-02; 334450-0020-0)1 334450-0084-07; 334450-0093-06; 334450-0375-05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: #33 4/60- tX O has ke - g"•1t/l- GdetS 9h iS (nf G d/A14 r ARTICLE 1. DECLARATION 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. REDLINE 2 1.3 Owner hereby declares that all of the real property within The Bluffs shall be held, sold, leased, used and conveyed subject to the covenants, conditions, restrictions, easements, reservations, charges and liens set forth in this Declaration (hereinafter collectively referred to as "Covenants"). The Covenants shall inure to the benefit of and shall burden the real property within The Bluffs and shall run with the land and shall apply to and be binding upon all parties now or hereafter having or acquiring any right, title, or interest in the real property within The Bluffs or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity. ARTICLE 2. PURPOSE AND INTENT 2.1 These Covenants are adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers, users, and lessees of real property within The Bluffs. The Covenants are intended to protect the value of the property within The Bluffs and to ensure that the property will be developed, used, occupied and improved in compliance with the Permit Approvals. 2.2 The purpose of the guidelines and criteria set forth in the Covenants contained in this Declaration is (1) to ensure the preservation and protection of the Greenbelt Areas on the Property; (2)to provide for joint use by all residents in The Bluffs of the Recreational Amenities; and (3) to ensure that building exteriors, common facilities and landscaping are properly maintained and repaired. ARTICLE 3. DEFINITIONS 3.1 `BUILDING(S)" means any building or improvements constructed on the Property. 3.2 "COMMON FACILITIES" means those common recreational facilities located on the Property (such as pool and game room) as may be designated from time to time by Owner. 3.3 "COVENANTS" means this Declaration of Covenants, Conditions, Easements and Restrictions Applicable to The Bluffs and all covenants, conditions, easements and restrictions contained herein. 3.4 "GREENBELT" means that certain portion of the Property identified as greenbelt/steep slope area and cross-hatched on the site plan attached hereto as (SCHEDULE 3) (SCHEDULE 2 and legally described on SCHEDULE 31. 3.5 "PERMIT APPROVAL/PERMIT APPROVALS" means those certain City of Renton permits and governmental approvals applicable to and imposed upon development within The Bluffs. 3.6 "OWNER" means BRE Properties, Inc., a Maryland corporation, and its successors and assigns. In the event that Owner sells, conveys, transfers or assigns its interest as REDLINE 3 Owner under these Covenants, Owner shall thereafter have no further obligation under this Declaration. 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as SCHEDULE 2. 3.9 INTENTIONALLY DELETED. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. The Owner may from time to time establish reasonable rules governing the time and manner of use of the Common Facilities, including limitations or prohibitions on use of the Common Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landscaped areas will be kept free of trash, litter, waste, and weeds. pe`„ya qC ScG m e✓'.2 miss 1 i'JI_ s'ee viaaled pcire 3 Of preliouslCJ. r'Giic�x.+ ARTICLE 6. MAINTENANCE REQUIREMENTS 6.1 REGULAR MAINTENANCE REQUIRED. The maintenance, upkeep, and repair of the Buildings and the Common Facilities shall be the sole responsibility of the Owner. REDLINE 4 The Owner shall keep the Buildings and the Common Facilities, including but not limited to recreation areas, parking and pedestrian areas, and all Building exteriors, in a good state of repair and in a safe, clean, neat and sanitary condition at all times. The Owner shall clean, maintain and repair all exterior walls and roofs of all Buildings on the Property. Owner shall replace, at Owner's expense, any glass or windows or doors that may become cracked or broken, and shall repaint, repair or otherwise restore the "exterior shell" of any Building within a reasonable time after Owner receives notice that such painting or restoration is warranted. ARTICLE 7. GREENBELT RESTRICTIONS 7.1 PROHIBITED USES. These Restrictions impose upon all present and future owners and occupiers of the Greenbelt an obligation to leave undisturbed all trees and other vegetation within the Greenbelt (the Protection Restriction"). The vegetation within the Greenbelt may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton, which permission shall not be unreasonably withheld, conditioned or delayed. The Protection Restriction shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. Except as specifically permitted in Section 7.2 below, the following uses and practices in the Greenbelt shall be prohibited: 7.1.1 The placement, installation or construction of any buildings, structures, or other improvements of any kind(including, without limitation, roads and parking lots). 7.1.2 The installation of any utility system or component or item of such a system including, without limitation, water, sewer, drainfield, electrical power, fuel or communications, except as required by applicable law. 7.1.3 Logging,pruning, or cutting of any timber, shrubs, grasses or other flora. 7.1.4 Any residential, agricultural, commercial or industrial use of, or activity on,the Greenbelt. - 7.1.5 Construction of any roads,trails, or paths for vehicular use. 7.1.6 The grading or other alteration of the terrain and existing landforms of the Greenbelt, including, without limitation, the excavation or removal of soil, sand, gravel, rock, peat or sod, except as may be required in the course of any activity permitted herein. 7.1.7G Paving of any surface on the Greenbelt. J� ,�j ��`��,� 4. 6 MlSS/R� 0MAt e1 �i ahi he4Pali 6-61 /- �'�/ The restrictions contained in this Section 7.1 shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. iGyl d C 4i4J . REDLINE 5 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: 7.2.1 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct, use, maintain, repair and reconstruct other improvements as necessary to maintain, preserve, and enjoy the wildlife values of the Greenbelt. 7.2.2 To eradicate or control non-native invasive species present on the Greenbelt. 7.2.3 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to cut or prune shrubs, grasses, dangerous trees or other flora necessary to preserve the natural habitat of the Greenbelt, to prevent slide hazards, to protect public health or safety, or as actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.4 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to undertake other activities necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the Greenbelt or adjacent public or private property, or which are actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.5 To remove any wastes,refuse, or other debris from the Greenbelt. 7.2.6 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct fences and other security measures. Uh a 7.2.7 To construct, maintain and operateprivate. trails for use by residents of The Bluffs,their guests and invitees. i6 W6rd Qh�tEkd $l�'l(,G /aSd- (rA/(6W— fie& akigpt,t4 Nothing herein shall be construed to impose any obligation on Owner to conduct any of 1 the foregoing activities. 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 7.3.1 Owner shall notify the City prior to undertaking certain permitted activities or uses as provided in Section 7 herein, except that such notice is not required where Owner cannot reach the City and must undertake emergency action to prevent, abate, or mitigate significant injury to persons, the Greenbelt, or abutting properties. The purpose of such notification is to afford the City an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purpose of this Declaration. Whenever notice is required, Owner shall notify the City in writing not less than ten (10) days prior to the date Owner intends to undertake the activity or use in question. The notice shall describe the nature, scope, design, location, and timetable of the proposed activity. REDLINE 6 ARTICLE 8. DURATION AND AMENDMENT OF COVENANTS 8.1 DURATION OF COVENANTS. These Covenants shall be perpetual. 8.2 AMENDMENT. This Declaration and any or all of its provisions may be amended only in a written, recorded amendment executed by the Owner and the City of Renton. ARTICLE 9. NOTICES All notices given under the provisions of these Covenants shall be in writing and may be delivered either personally or by mail. If delivery is made by mail the notice shall be deemed to have been delivered upon being deposited in the United States mail, first class, postage prepaid, addressed to the person entitled to such notice at the address set forth below. Mailing addresses may be changed by notice in writing. If to Owner: BRE Properties, Inc. 400 North 34th Street, Suite 200 Seattle, Washington 98103 Attn: Mr. (Phil Pitney) (Pete Roceretol If to City: City of Renton 1055 South Grady Way, 6th Floor Renton, Washington 78055 (Al � _.✓ �u,� NO IO C- 1 rjperum.P J #:5 Oe ARTICLE 10. G�y�Ud pa� INTENTIONALLY DELETED feu_ARTICLE 11. MISCELLANEOUS 11.1 ACCEPTANCE OF PROVISIONS BY GRANTEE(S). Each grantee of any part or portion of or interest in The Bluffs, and any lessee under any lease covering any part or portion of or interest in The Bluffs shall accept the same subject to all of the restrictions, conditions, covenants, reservations, easements, liens and charges set forth in these Covenants; and by such acceptance for itself, its heirs, personal representatives, successors and assigns, agrees with Owner and with the grantee(s) and subsequent Owners of any part or portion of or interest in The Bluffs to keep, observe and comply with these Covenants, and to perform all obligations on its part thereunder. 11.2 CONSTRUCTION. The provisions of these Covenants shall be construed to effectuate the purpose and intent of these Covenants set forth in Article 2. 11.3 SEVERABILITY. If any provision of this Declaration shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction for any reason, the validity of all REDLINE 7 other provisions, covenants, conditions, and restrictions shall not be affected and shall remain in full force and effect. 11.4 SUCCESSORS AND ASSIGNS. This Declaration and the Covenants contained herein shall inure to the benefit of and be binding upon the heirs, personal representatives, grantee(s), lessees, successors and assigns of the Owner. In the event The Bluffs is at any time converted to condominium form of ownership, Owner may assign its obligations under this Declaration to the owners' association established in connection with such condominium, and thereafter Owner shall be relieved of any obligations hereunder. 11.5 NOT A PUBLIC DEDICATION. Except as specifically provided in Article 10 hereof, nothing herein contained shall be deemed to be a gift or dedication of any portion of The Bluffs to the general public or for the general public or for any public purpose whatsoever, it being the intention of Owner that this Declaration shall be strictly limited to and for the purposes herein expressed. The Owner shall have the right to close the Common Facilities and Greenbelt at such reasonable times as to prevent a dedication for a public purpose. 11.6 CHOICE OF LAW. This Declaration shall be governed by the laws of the State of Washington. 11.7 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Declaration shall be construed to render any third party a beneficiary to this Declaration or the Covenants contained herein, nor grant any such third party any rights or remedies under this Declaration. 11.8 ENFORCEMENT. Any violation or breach of these restrictive covenants may be enforced by either the City of Renton or any property owner adversely affected by such breach. SCHEDULES SCHEDULE 1 LEGAL DESCRIPTION OF PROPERTY SCHEDULE 2 THE BLUFFS SITE PLAN SCHEDULE 3 GREENBELT DESCRIPTION SCHEDULE 4 INTENTIONALLY DELETED BRE PROPERTIES,INC., a Maryland corporation By Name: f Philip Pitney) [Pete Roceretol REDLINE 8 Title: (Development Director) [Vice President. STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me {Philip Pitney) [Pete Rocereto], to me known to be the {Development Director) [Vice President] of BRE Properties, Inc., {a) [the] Maryland corporation f, the Washington )that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that {[he/shell [he] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 2001. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires {10529 0093/826520.06; I164273v31 REDLINE 9 5-1-Of vslvri as Owner under these Covenants, BRE shall thereafter have no further obligation under this Declaration. 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as SCHEDULE 2. 3.9 INTENTIONALLY DELETED. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. The Owner may from time to time establish reasonable rules governing the time and manner of use of the Common Facilities, including limitations or prohibitions on use of the Common Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landsca ed s will be kept free of trash, litter, waste and weeds.) Owner shall replace any and all new landscaping that as ie as been severely damaged through improper maintenance (i.e. improper or excessive pruning). 3 vastavt 7.1.7 Paving of any surface on the Greenbelt. 7.1.8 The sale of the Greenbelt separate and apart from the remainder of the Property without the prior written approval of the City of Renton. The restrictions contained in this Section 7.1 shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: 7.2.1 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct, use, maintain, repair and reconstruct other improvements as necessary to maintain, preserve, and enjoy the wildlife values of the Greenbelt. 7.2.2 To eradicate or control non-native invasive species present on the Greenbelt. 7.2.3 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to cut or prune shrubs, grasses, dangerous trees or other flora necessary to preserve the natural habitat of the Greenbelt, to prevent slide hazards, to protect public health or safety, or as actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.4 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to undertake other activities necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the Greenbelt or adjacent public or private property, or which are actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. 7.2.5 To remove any wastes, refuse, or other debris from the Greenbelt. 7.2.6 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct fences and other security measures. 7.2.7 To construct, maintain and operat unpave pr' ate trails for use by residents of The Bluffs, their guests and invitees. Nothing herein shall be construed to impose any obligation on Owner to conduct any of the foregoing activities. 5 s 8 - of 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 7.3.1 Owner shall notify the City prior to undertaking certain permitted activities or uses as provided in Section 7 herein, except that such notice is not required where Owner cannot reach the City and must undertake emergency action to prevent, abate, or mitigate significant injury to persons, the Greenbelt, or abutting properties. The purpose of such notification is to afford the City an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purpose of this Declaration. Whenever notice is required, Owner shall notify the City in writing not less than ten (10) days prior to the date Owner intends to undertake the activity or use in question. The notice shall describe the nature, scope, design, location, and timetable of the proposed activity. ARTICLE 8. DURATION AND AMENDMENT OF COVENANTS 8.1 DURATION OF COVENANTS. These Covenants shall be perpetual. 8.2 AMENDMENT. This Declaration and any or all of its provisions may be amended only in a written,recorded amendment executed by the Owner and the City of Renton. ARTICLE 9. NOTICES All notices given under the provisions of these Covenants shall be in writing and may be delivered either personally or by mail. If delivery is made by mail the notice shall be deemed to have been delivered upon being deposited in the United States mail, first class, postage prepaid, addressed to the person entitled to such notice at the address set forth below. Mailing addresses may be changed by notice in writing. If to Owner: BRE Properties, Inc. 400 North 34th Street, Suite 200 Seattle, Washington 98103 Attn: Mr. Phil Pitney If to City: City of Renton 1055 South Grady Way, 6th Floor Renton, Washington 78055 A S Attn: Planning/Building/Public Works Administrator or v (X Successor Title Sw ARTICLE 10. INTENTIONALLY DELETED ARTICLE 11. MISCELLANEOUS 11.1 ACCEPTANCE OF PROVISIONS BY GRANTEE(S). Each grantee of any part or portion of or interest in The Bluffs, and any lessee under any lease covering any part or 6 F Laureen Nicolay Fwd Bluffs CC&&1 Page 1 From: Laureen Nicolay • To: ljwarren@seanet.com Date: Thursday, January 24, 2002 4:05:27 PM Subject: Fwd: Bluffs CC&Rs Larry, Could you take a quick look at the attached covenants for legal form/enforceability. The attachments ("schedules") still need to be attached. I believe they now do comply with the Hearing Examiner's requirements. Thank you! Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425)430-7294 Fax: (425)430-7231 Inicolay@ci.renton.wa.us 1Laureen Nicolay-Bluffs CC&Rs Page 1— From: "Myers, Christy L." <CMyers@ssd.com> To: "'Inicolay@ci.renton.wa.usm <Inicolay@ci.renton.wa.us> Date: Thursday, January 24, 2002 1:47:50 PM Subject: Bluffs CC&Rs <<Bluffs Declaration of CC&Rs- Blackline.rtf>> Lorraine, Pursuant to our telephone conversation earlier today, I have attached a blackline version of the CC&Rs for the Bluffs project as revised by Jonathan • Brohard. Upon your review and approval, we will obtain the appropriate signatures. Please do not hesitate to contact me or Jonathan if you have any questions. Thank you, Christy L. Myers, Esq. Squire, Sanders& Dempsey L.L.P. 1.602.528.4017 Fax: 1.602.253.8129 CMyers@ssd.com www.ssd.com Almaty • Beijing • Bratislava • Brussels • Budapest . Cincinnati - Cleveland • Columbus • Hong Kong Houston • Jacksonville Kyiv • Los Angeles • London • Madrid • Miami Milan • Moscow • New York • Palo Alto • Phoenix • Prague • San Francisco • Taipei • Tampa Tokyo • Tysons Corner Washington DC • Associated Office: Dublin • A member of the Renaissance Network of independent co-counsel in China: Beijing, Chengdu, Dalian, Fuzhou, Guangzhou, Haikou, Nanjing, Ningbo, Shanghai, Shenzhen, Shijiazhuang, Suzhou, Taiyuan, Wenzhou, Wuhan, Xiamen, Yantai, Zhengzhou. • This e-mail is confidential and is intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message from your computer. Thank you. CC: "Brohard, Jonathan T."<JBrohard@ssd.com> C I' -#Y OF RENTON ..LL Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 11, 2002 • Rick Moore BRE Properties, Inc. • 400 North 34th Street Seattle, WA 98103 Subject: Final Occupancy Permit Requirements for The Bluffs Apartments, City File • Numbers: B990400-B990409, B000334, & LUA89-044 • Dear Mr. Moore: Site Plan: The City received a revised legal,description„and site plan from Dodds Consulting Engineers today (Schedule 2 of the restrictive covenants):°,This•planuimeets all the requirements outlined in our most recent letter•':.,Please date;the„plan and identify:it'as"Schedule 2"for recording purposes. The site plan will then fie readyyto beYphotographically reduced to 8.5" by 14" in order to serve as "Schedule 2" of the required„restrictives'covenants. We recommend that you use the clearest (original) drawing available for:the reduction process to:ensure`:legibility. I have enclosed a copy of the;King County,'Records Division recording;requirements. Please ensure all pages of your covenants:>and:all the attachments ("schedules")'comply with these requirements. For example, the,Coun will not record the PMT"reduced Schedule 2 site plan if there is not at least a minimum one-inch of white space around'all sides of the reduced plan. Restrictive Covenants and Attachments/Schedules: I.haverouted the revised legal description for the entire site ("Schedule 1"of the covenantsyfor``"eview by our Property Services Section and should receive their approval or comments within two weeks. Greenbelt Legal.Description: The cover letter accompanying the revised legal description for the entire site, states that you may propose to amend the draft covenants by omitting the legal description for the greenbelt area (Schedule 3). If you are proposing to reference the new site plan (Schedule 2) in lieu of providing an actual textual legal description for the "greenbelt" area, please amend the wording of the draft covenants accordingly and I will route them to the City Attorney to assure the reference to the site plan provides the same degree of protection for the greenbelt as an actual textual legal description. Page 6 of the covenants should be revised to . omit Phil Pitney's name as he is no longer with BRE Properties. The last draft covenant submitted to the City was on May 8th of last year, so I have not been able to verity if the changes requested in our August 24, 2001 letter have been made. 1055 South Grady Way-Renton, Washington 98055 :: This paper contains 50%recycled material,20%post consumer Mr. Rick Moore January 11, 2002 Page 2 Landscape Installation & Inspection: Provide a final landscape plan (indicating the revised site boundaries consistent with the most recently submitted site plan) and cost estimate for installation of any landscaping/irrigation not yet installed. We will need one of the following security devices: letter of credit, set-aside letter, or assignment of funds (samples attached) in an amount equaling 150% of the installation estimate. If all landscaping and irrigation has been installed, please contact me to arrange a final inspection once you have provided the City with a final landscape plan. Landscape Maintenance Bond: Pursuant to Hearing Examiner condition number 9, we still need a 3-year security device (which may be in bond form) covering "maintenance and plant replacement of all site landscaping". Please provide me with the cost estimate and a surety device in the amount of 150% of the total cost estimate (replacement plus maintenance for 3-years). Improvement Installation & Inspection: If all the required improvements from the Hearing Examiner's decision (e.g. all sidewalks, signage, and pedestrian connections, stairways/"hill climbs", landscaping) and Mitigation Document Conditions (e.g. on-site car washing area with oil/grease traps) have been installed at the site, let me know so that I can schedule a land use inspector to visit your project. Please submit all plans and documents to me so that I can route them to the appropriate reviewers and keep track of the progress. Please also contact me at 425-430-7294 to request inspections related to landscaping and Hearing Examiner/Mitigation Document conditions. Sincerely, Laureen Nicolay Senior Planner enclosure cc: File #LUA89-044(E) Building File Laura Graf, Attorney Larry Meckling, Building Official Kayren Kittrick, Plan Review Supervisor Jennifer Henning, Principal Planner Bruce J. Dodds, President Dodds Engineering Neil Watts, Development Services Director • r KING COUNTY RECORDS AND ELECTIONS DIVISION -Records Section 500-4th Avenue,RM 311 Seattle,WA 98104 Effective January 1, 1997 aj1 documents submitted for recording in Washington State must,• conform to standards set by RCW 36.18 and 65.04 as follows, A cover sheet is required for documents where the first page does not contain the necessary index fields or the three inch top margin. All pages must conform to formatting requirements for margins,page size, font size,color,legibility and attachments. A cover sheet will not relieve you of the responsibility of meeting the formatting requirements for.all subsequent pages. Documents which do not meet the requirements will be returned for reformatting before they will be recorded. We have recorded the attached document. However,this document may not meet the standardization requirements effective January 1, 1997, Please note the following specific requirements and samples on reverse,and apply them to your documents recorded in the future. Documents recorded after 1/1/97 could be returned if any one of the following requirements are not met. Information required on the first page or cover sheet: _Title(s) _Return Address(1st page 3"margin,top left corner-the DLitt allowable info in the 3"margin) _Reference#(if applicable only-refers to previously assigned or released doc,recording numbers) _List all reference#'s or you must refer to page where.additional reference#'s are located. _Grantoe(s)and Grantee(s) List all grantors&grantees or you must refer to page where additional names are located. _Legal description(if required within the/document only). Abbreviated Iegal(section/township/range)or full legal is required on first page,if applicable. "See attached"is not acceptable. Tax Parcel ID#: If there is a legal description there will be a tax parcel ID#requirement. Only if no tax parcel ID has been issued would this requirement be eliminated. "See attached"is not acceptable. ElAll information must be legible and capable of being imaged. All seals must be legible when imaged(use ink seals or smudge raised seals prior to recording.) First page margins_ top 3" bottom/side 1" _Your information/seal cannot be in margins n Subsequent page margins must be 1"on top,bottom and sides. Your information/seal cannot be in ' margins • 111 There can be nothing affixed to pages(no item can be taped,stapled,labeled,etc.) 1 Page must be 8-1/2" x 14"or less - Font size must be at least 8 point(This:,8 pt size type). The UCC form often recorded is a State of Washington internal form and does not meet the formatting requirements for the County Auditors/Recorders. If you have any questions or would like feedback on a reformatted document,please contact one of the following Recording Managers: Telephone# _ Fax# Carolyn Ableman,King County (206) 296-1593 (206)296-1535 Diana Bradrick,Snohomish County (206) 388-3713 (206)259-2777 Val Wood,Thurston County (360)754-4535 (360)786-5223 .SEE:.TEE BACK:OF THI FORM FOR°�A:::SAMPLE�'DOCIJ ENT:F:O : ` `:T:: ; • T? :. :.::....:.:.: .:U.... . .,U.. RNA. • �� EE S (a �IY�A.. Dodds =� Consulting Engineers January 10, 2002 Project No. 97169 Laureen Nicolay Planning/Building/Public Works Department City of Renton 1055 South Grady Way Renton, WA 98055 Subject: The Pinnacle at the Bluffs, CCE&R's Schedule Exhibits Dear Ms Nicolay; In response to the conversation I had with you and Phil Pitney just after Christmas,please find attached one print(two sheets) of the Bluffs site plan revised in accord with our discussion and Neil Watts letter to BRE dated 8/24/2001. I have sent full size (24"x36")prints to facilitate your making notes/corrections if you determine these are necessary. I believe that reduction of these plans as PMT's to 8-1/2"x 14"will render them still readable. Please look these over and let me know if they are satisfactory as to content. These two sheets will constitute"Schedule 2"in the CCE&R's I have also enclosed the consolidated Bluffs legal description(Schedule 1)revised slightly to include the BRE/Evans lot line adjustment and the boundary line agreement between BRE and Buck. As far as "Schedule 3" (Greenbelt Area) is concerned, I will recommend to BRE that this schedule be eliminated and any CCE&R reference to the greenbelt be revised read"Schedule 2" since the extent of this area is now outlined and designated on the site plan. Please advise if these documents are satisfactory and if they are, I will have a PMT made of Schedule 2 and forwarded to you for review. V e truly yours, 1DOD rd S CONSU GINEERS,INC.,PS AO CITY OF RENTON RECEIVED Bruce Dodds,P.E., L. . President JAN ItStILDING DIVISION cc Rick Moore,BRE • 4205-148th Avenue N.E. Bellevue,WA 98001 Tel. 425.861.4928 Fax. 425.885.7963 4 l SCHEDULE 1 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 8/31/98, Rev 01/10/2002 Consolidated Legal Description for The Bluffs Tracts 317 through 323, 334 through 336, 344 through 346, and 348 through 353, C.D. Hi!mans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 317; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and westerly of the easterly margin of Lake Washington Blvd. North; TOGETHER WITH those portions of vacated Lake View Boulevard which attach thereto by operation of law. SUBJECT TO City of Renton Lot Line Adjustment LUA-00-093-LLA as recorded under Recorder's No. 20001018900004 and subject to a boundary line agreement as recorded under Recorder's No. 20010425001979, all in records of King County, Washington. ':.ITY OF RENTON SCHEDULE 1 RECEIVED J 1 1 UYLOAN N G DIVISION iz OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.;Administrator • • August 24, 2001 e • Phillip C. Pitney Development Director BRE Properties, Inc. 400 North 34th Street • Seattle, WA 98103 Subject: August Status Update: Compliance;with Conditions of Approval for 4-57) The Bluffs Apartments, City'File'Numbers: B990400-B990409, B000334, & LUA89-044 Dear Mr. Pitney: - This letter is sent to update you`onth'e'items;yetr'outstending from my letter of May:,1 2001;•attaclieda In summary, we have now received the required(perk:mitigation fee and a correct"legal description for the overall site, however, we still needsto recevethe°follow.ing items:^ 1') Overall site plan, 2) Legal description and site map for greenbelt area, 3)L L`andscape plan/cost estimate/bond, 4) Final' restrictive :ny• , covenants, and 5)Request for inspection of°, earnig Examiner.conditions;` For further clarification, the items men d,tione in my May letter,are,repeated again below in italic and , the current status is listed in bold below each.item::::•-. .,.• .i'`.• :,., ' Site Plan: The site plan needs to be simplified to be more legible at its present scale and so:that it may be photographically reduced to serve as•theA"Schedulee2"attachment to the:covenants. The plan needs to be:revised to clearly indicate all.the outer boundaries:of the site:(reflecting:all boundary agreements) and including(and identifying as a "natural area')'the greenbelt portion of the site. Due•• to the lineal nature of the site, at least 2 separate sheets (with match lines) will likely be required.- Also, to expedite your occupancy permit, please ensure the plan indicates compliance with all site- related Hearing Examiner Conditions of approval(condition numbers 11, 12, 13, 15, 16, and 18, attached) and note the total number,of on-site parking spaces provided. Since this project has been revised so many times over the last 10 years, and this site plan document will be what the City refers to in the future to ensure compliance with the covenants, it needs to be accurate and legible.' Please have your architect or engineer contact Laureen Nicolay at 425-430-7294 with any questions regarding the site plan's legibility. S The_latest submittal is not acceptable. We.still need an overall plan showing the complete'site and showing compliance with Examiner conditions of.approval. Do you have additional drawing sheets? The northernmost portion of the'project is not included(north of MATCH 1055 South Grady Way-Renton,Washington 98055 This paper contains 50%recycled material,20%post consumer , Mr. Phillip C. Pitney August 24, 2001 Page 2 LINE#3), as well as the southernmost portion (south of MATCH LINE#1). Additionally, portions of the site wes*t.offMA.TCH LINE#5 are not shown. 'Without these drawings, it is not possible to detert1tme the':outer boundaries of the site. City of Renton Lot Line Adjustment No. LUA-00-093-LLAArecorded under King County Rec. No. 20001018900004),which affects a portion of the westerly boundary line of said project, is not reflected in the boundary line shown in your drawing.• Y Legal Description: The City's property Services Section is currently reviewing the most recent legal description for the overall site, however, we still have not yet received a revised legal description (or • map) forthe greenbelt area. The legal for the overall site is now approved, however, we still have not yet received a revised legal description (or map)for the gyeenbe.I.area which we need for attachment to the restrictive covenants. r - ` • W5 Park Mitigation Fee; We understand you now=pr.opose"to dedicate to the City's Park Fund in .Ps. lieu.;of;dedicating a trail. If you choose this option, you will`need=to provide an additional$29,700 in .park mitigation fees. The City has already collected$5,317.65,in"park mitigation fees for the 15 • .v additional units added:to the,project-subse• quent„,to theepr•eparation of the,Mitigation Document. The •remaining amount is based upon the original>165_iunits times$189.00 per`unit as required by the HearingExaminer. sa We received a check in amount of:29,700`on==August 20, 2001. This item has been fully . satisfied (receipt enclosed). .'d 3:. Landscaping: Provide a final landscaperplant(indicating the revised.::site boundaries and any field , changes)and cost estimate for installation-of any.,landscapinglirrigation not yet installed We. will need one of the following security devices:, letter of credit, set::aside letter, or assignment of funds (samples attached) in an amount equaling 1'S0%-,of==:the+:installation estimate. This is not a specific project-related condition per se, but is required for any project wishing to obtain a temporary occupancy permit in advance of complete landscape installation. In addition, pursuant to Hearing . . Examiner condition number 9, we will also need a 3-yearsecurity device (which may be in bond form) covering "maintenance and plant replacement of all site landscaping". Please:provide this as a separate document, also in the amount of 150% of the total cost estimate (replacement plus • maintenance for 3-years). • We still have not yet received this plan, cost estimate, or bond as of 8-23-2001. • Restrictive Covenants: We have reviewed the most recently submitted covenants and have the following requested changes: Mr. Phillip C. Pitney August 24, 2001 ' Page 3 • Aiticle 11.5: Article 11.5 should be amended to eliminate the reference to [now deleted] "Article, 10": Attachments to Covenants: All schedules, legal descriptions, and attachments to covenants must be legible and current (e.g. site plan, greenbelt area, and•legal descriptions). We still have not yet received a final signed/notarized version revised covenants as of 8-24_: 2001 and we still lack the required attachments and photographically reduced plans. Improvement Installation: You should ensure that all the required improvements from the Hearing Examiner's decision (e.g. all sidewalks, signage, and pedestrian connections; stairwaysPhill climbs'; landscaping) and Mitigation Document Conditions(e.g. on-site car washing area with oil/grease traps) have actually been installed at the site so that an occupancy permit maybe granted. The locations of these improvements, as well as the required parking;:should also be included on the revised site plan. Let me know when these improvements h.ave:beeninstalled kso..that I can schedule a land use inspector to visit your project. As'' .fps F:Z' 'L,1. FE$;>•5, lv: a 'hf 40, We have not been contacted for inspection of any of theseltems :xlf these.items are complete, please contact Laureen Nicolay:`at 425-430-7294 to requeet-O inepections ' .. ,•�:':§?l5 • � Please submit all plans, documents and revisionsrequested$in this letter`io•the attention,of Laureen . • 'Nicolay so that she can route thernJolhegppropriOtemyte,Wers and**track of the progress. ' This letter onlyaddresses land;use=relate r'.s`sues.:tied to'theland use/environmental review the . d��... L, Y • project underwent years ago and does°not address any Uniform Building, Fire or Public Works-related matters which may be outstanding Those•items, if any, will:be,add ressed separately.through the typical building division occupancy:.process -J'`-••,:_ Sincerely, • t / (.h&l:t47::: Neil Watts, Director Development Services Division • enclosures . cc: File#LUA89-044(B) . Building File Laura'Graf,.Attorney S Larry Meckling, Building Official ' Kayren Kittrick, Plan Review Supervisor Jennifer Henning, Principal Planner . • Glenn Kost, Parks CIP Manager . • CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 08-20-2001 Building Permit RECEIPT Permit#: B990400 Payment Made: 08/20/2001 04:52 PM Receipt Number: R0104851 Total Payment: 29,700.00 Payee: BRE BUILDERS Current Payment Made to the Following Items: Trans Account Code Description Amount 3021 303.000.00.345.85 Park Mitigation Fee 29,700.00 Payments made for this receipt Trans Method Description Amount Payment Check #22954 29,700.00 Account Balances Trans Account Code Description Balance Due 3020 000.322.10.00.0020 NREC Energy Code Fee .00 3021 303.000.00.345.85 Park Mitigation Fee .00 4069 421.388.10.00.0040 Spec Util Connect Stormw .00 5001 000.322.10.00.0011 Building Permit Fee .00 5035 000.345.83.00.0000 Plan Check Fee .00 5040 000.343.83.00.0000 Drainage Plan Review Fee .00 5042 000.237.09.00.0000 Building Code Fee .00 5044 304.000.00.345.85 Fire Mitigation-MF .00 5050 305.000.00.344.85 Traffic Mitigation Fee .00 Remaining Balance Due: $0.00 1/ Itt B.R.E. Development 400 North 34th Street, Suite 200 B•R•E Seattle,WA 98103 PROPERTIES Telephone: (206) 547-4800 Facsimile: (206) 547-5090 TO: Lorene Nicholay FROM: Phillip C.Pitney COMPANY: City of Renton DATE: 8/16/01 1055 S. Grady Way, 6th Fl. PHONE 206/547-4800 Renton,WA 98055 PHONE: 425-430-7300 RE: The Bluffs :Y!Ries%F+%�:i�./::iA/R'ic:!.:,;./..�aii.jf!%i.a?;J�=.sUAY:eia�ri.,�w�did�.✓,:evs�%A•%.:r%%�+'!.s%ihjs"iria,�'!'+'!,�.'�,��'�i?�T%.Ml(J'�i:>i���dirivi.✓/��/'�% ��.+i�i/!i r"_�,=!:.rh;%�.:4.iiii:;r7. WE ARE SENDING YOU ATTACHED VIA: FAX OVERNIGHT OTHER X 1ST CLASS MAIL COURIER 1 8-2-01 Check for Parki g Fees$29,700 THESE ARE TRANSMITTED AS CHECKED BELOW: For your approval For your information For your use XX As requested For your review&comment REMARKS: 404 ,f 400 R •A sO COPY TO: n/a SIGNED: Tfiifp Pitney Total number of pages including cover:3 i • CITY OF RENTON. PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 17, 2001 TO: Laureen Nicolay FROM: Sonja J.Fesser)Q SUBJECT: The Bluffs Site Plan Boundary Review Bob Mac Onie and I have reviewed the above referenced site plan submittal and have the following comments: As you know,we reluctantly accepted the legal descriptions for"The Bluffs"site in May of this year. The site plan under review was also last revised in May of this year,but it is still not correct. Specifically,the main problems noted inour review include the following: The submittal, as presented,is not complete. Do you have additional drawing sheets? The northernmost portion of the project is not included(north of MATCH LINE#3), as well as the southernmost portion(south of MATCH LINE#1). Additionally,portions of the site west of MATCH LINE#5 are not shown. Without these drawings, it is not possible to do a comparison of the boundary line with your drawing. City of Renton Lot Line Adjustment No.LUA-00-093-LLA(recorded under King County Rec. No. 20001018900004),which affects a portion of the westerly boundary line of said project, is not reflected in the boundary line shown in your drawing. • We still disagree with the westerly property line as apportioned via the street vacations,but realize that nothing is to be gained by revisiting the'subject again. However,we would like to see the overall boundary line of the project shown on one drawing sheet to provide a clearer idea of the irregularities of said boundary line. Does the current site plan submittal have such a drawing? If so,we would like to review it and, if not, can we request it? \U:\SFESSER\Bluf 14.doc 1 - I • 32T24N R5E W1/2 v 4 :20 Ali: P1. ;R_8 r $ U ..... :,NL Ri—i8 l Rf a.: il.. s N 28tSt ;f \ •``` 0 • R_I R—O z -.� NN 2�I1h ;S;t .. ;° i F - rR._ . . \� o .._ _ \ . . `` • % i ,\N�.2 -th St. - - . % O .. . . ; CY VI H . Q.) 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Ai,;',. ....„,,,..„,...•. ‘ . , ' -',,,• '' - II ' vicA 1 i I.. amri 23N1' li&cg, k ' atit IP niar•wi.„1. i IR5E 1 ....t...1.M Xing! 33 Eig:F.Eal , 571.1„,„. :11m1:4111, '141 I , Alitrigrlifpliiiri_/7, VI _II'.. ,H ( , 8 , ligitigirn:,__ Pit, ,- ^:, rr„_,•ui.:ZW. ,,, 0.lc _ ,., ,_) _ ...,.,:_____ _x_ _______ ;=,- , ,--_, " i 'z ,1 r 1..,-;' El— m--- i ,,t;...,,,,,t7.;• iii.y., : c_1!: .,, , --..q:Fs:::E:::::: . 22N Itg 1 r14' . 1 tg.L Melt, -Iki" Iti0, ' I eJk. ; ; i. • - IBM, 2 T22N R5E I KROLL Resource Conservation I CC I Convenience Commercial Publicly Owned 1 , ---- I r 1 Residential 1 du/ac I CN 1 Center Neighborhood Renton City Limits PAGE#, I—I Residential 5 du/ac I CS I Center Suburban ---Adjacent City Limits SEGT/TOWWRANGE 1-7 Residential 8 du/ac I—I Center Downtown 17,x-1 (Grey Text) Prezones .,.. 1 i CM Residential Manufactured Homes I OR I Center Office Residential Zeill: Automall District A R-It Residential 10 du/ac I CA I Commercial Arterial I../....1 Automall District B i ami Residential 14 du/ac 1.:04, o 1 Commercial ... Arterial Automall PAGE w 3 1 MS Residential Multi-Family Will 1-1 Commercial Office . Fde , . CM Residential Multi-Family Neighborhood Center El Industrial - Heavy • m 1 [—I INDEX:23 Residential Multi-Family Suburban Center Industrial - Medium st co . =3 Residential Multi-Family Urban Center I It I Industrial - Light m in 1P-1 I Public Use 0 cc , ?. . X I .A i. :° . f TRANSMITTAL LETTER 0 PROJECT: Pinnacle at the Bluffs PROJECT# 0001 g. �'�`A DATE: 08/06/01 Goo TO: Loureen DEVELOPMENT p ,.::_.. :_ City of Renton crry OF RENTor�u INCH 1804 136th Place NE Ste. 1 Bellevue Washington 98005 AUG 4 9 2001 (426)644-1446 k Fa: 644-1921 e—mail: office{4gmearcb.com Architecture*Design*Planning I CEIV D Members of the American lnetitate of Arohltooture WE TRANSMIT: () Herewith () Per Your Request()Via Mail (X)Via Courier() Federal Express FOR YOUR: ()Approval () Distribution (X) Information() Review&Comment() Record () Use THE FOLLOWING: (X) Drawings 0 Prints () Reproducible () Literature () Specifications () Computer Disk () Change Order ()Other COPIES DATE / REV. # DESCRIPTION 1 ea 5/30/01 Sheets A 2.2,2.3 &2.4 REMARKS: COPIES TO: Job file BY: Rick Gulstrom tr TRANSMITTAL LETTER 1 � PROJECT: Pinnacle at the Bluffs PROJECT # 0001 ze s F'U rftfk DATE: 07/31/01 l N() TO: , Phil Pitney ( BRE Properties 1804 136th P1ace NE Ste. 1 Bellevue Washington 08005 (425)644-1446 & Fax 644-1921 e-mail: officet4gmsarch.com Architecture d+Design+9Planning 1A rrbere of the American lnatituto of Arohltooturo WE TRANSMIT: () Herewith ( ) Per Your Request ( )Via Mail (X)Via Courier( ) Federal Express FOR YOUR: ( )Approval () Distribution (X) Information ( ) Review & Comment ( ) Record () Use THE FOLLOWING: ( ) Drawings () Prints ( ) Reproducible ( ) Literature ( ) Specifications ( ) Computer Disk ( ) Change Order ( ) Other: 8 '/A "x 11" COPIES DATE REV. # DESCRIPTION 3ea 5/30/01 Sheets A 2.2,2.3 & 2.4 REMARKS: COPIES TO: Job file BY: Rick Gulstrom CITY OF RENTON RECEIVED AUG 0 3 200i BUILDING DIVISION • • Ili" \.„.6.5 , \----3_ , (1".1) virii* Q .. .,. .4, _.,..001001111.11'-- _A, ,-,:v.34-- . .___. „„,......-. f. . 0-7 4.04•"44 7-iotr, :T00000.00* ,. drgi .1 13D rvitirA:: 7:.. .11 0.. co q , le, viri 4 nil 1 +r 111, t o ,, I, if an iA. I> r t'l e /hr. ,F, /,,,,,e," ite gi It /; + h� tIcL IIp `;/\(/) tt (tit • Zia!: j D , 1). v',.,?;i. .00i.t, _ Aclik z X ; V;,0 , Zlitt it 1 . ,,t �, \h / itt n 1% . , , ,-.•,,, .*0$3‘11.;' , si;•,? \\.\ ... t\tit‘b,...:, ,::‘,...7/A. ,,0-44 .:iv.,::,4. ,\ \ • A ,,:‘ 111 ., , , ,.. ,,,,o,. , ,.. _. . . . !ic, .....low-ik..:::,,,,it- . //\, A, \---- , . . \ , . . .,-..-.-.-,....<1.,-----0 ----,...., ,,,,,.. , 0 e . , ::„ _ , ,). r 4 \‘P-_-------1--- ---------- - 0-a-ta 0 r.)1, I I'\-- \ • RI ..*.'- „._,,,....._:://___h___110..-----_-____:_.________. pp gT� \(i k ? Nir \ „ . `� QI t t i 1 t \ ‘\ SI .\),,,, _, Rol SITE PLAN LOWER VLLAGE PINNACLE @LASS WASHINGTON • 1!t 1}11 _ 400BERTIES INC. xrn.sacnpSTREET, SUITE 200 F I € i ��_t1 sE► x. WASHINGTON 28103 �� t E�r Illi / I • T _ ,, !� . ,, ' .- "T•IATCN LINE 03 LD im3 ifil . i : illr \ ? 1! NI F 0 s., , ' II lig tkilic A; e _ p R. (/) I '" Ril ;11:111. (I iiii.: 3 111:,1 kr. 1 41121; —. AsH Aild'Il 'L4 I �f a ' • g Is , ',r]P I j i 4 a t*a › ,, 4 <�.'t I'FF91011:5,,„ 4- $ i 111!!":.- tit 0 i ,-..,,,i , f 1 i , j itt 4 o •• , ; • II __-.-------------------- r 1 •Vq,LW,.. IP 0 1 / I ------------------ ----- i . tiii 8ITEPINNACLELAHB1fA.9ffiNGTON liUPPER ��� - 1.13R� BRE PROPERTIES,INC. `jii I14 15) I I 400 N. 94th STRUM 8Ui E 200 E �£ ■ �� SHAWLS, WASHINGTON 98109 !1114 • • . '14',' '`, I qi ir -: i 1 I ( • .• ',,.. • I ill -Of I 1 I C1D .„40.. . ...,_ ;;>• ------MA , __.:_--------------- ,j ,`v; r. ,j, 1 I 4ft'#)isli # > ,-/il le I/ . z....i: , STA Sal it � k • . I I I ' .l's.;131" . , •• /ThHa; 3 z /isli i 44,460 _.. •,..t.; 3 I !, \ . ' r LI Ft \�. ���• `�r ;�. ,gyp ii z iii ,,,,,..... : ,,,,:, .., ,,r,l,k,,* 11,...._:,.„. --ii_., 'Ilitt..... :714, 104— A 1 11 , Ai g -, Pg ' „, • ,. . . ,.„,.. ,,, \,. �9 1111511•1,1�� _ r.,i .A------------------ . ,,,,./44 :4 ';:, :sr ' ' .; r i D N tg Ni .IP l4s ! r • --'0o` ON0 Izi,....... I .; i 1 1........1.4 • I 4,4-ri;‘,. \p P rF.Al y� mar+; 1 i io 1 !: .„,...,... 1 _3_,:::s ., . iy - ,,,.. , ,. ........ F . .._, 1 .,_ 1 5.):::::::,:, : . , ;7'" ' ::: ' ' ir'''.. \ > I ',A ti __. -4,,,g7,;0, f,,,,‘"gre, i, , re,24•11.1k# ‘. :,;,, \ ' .�/,3,\_; :: ,. ,„., 0. i .„ . t,._.\..,,41,\,......„; Re f • , liiI l' '.:1 /..:-. , ' / ,41,,1,, tv• •.....1 1 'i. (P 4 .\\ \ GIs- ;✓/ h y z�r�` . At1akli1l10ia1.70ll1is‘.,--.---.-..;,,,.. !r b 4 `' n4t er' ,tea i ,- irtt7. kg .:. VIL44 '11 14 1 11 \ 1 -.4. ) /\ 0 • 4)*.4T,A. ..•I-.IL,. 0%a(40\ = \\ [4‘\ • . ...----- . --.....',A10.• \ • o 4 SITE PLAN PINNACLE®� WASHINGTON III ill; --- _ . ■ UPPER VLLA� -8a BRE PROPERTIES,INC. 4[[F I f•Ir .� 400 N. 94th STREET, SUITE 200 I �II � ►� eFr►TrIE, WASHINGTON 98109 MP,v-07-2001 14:52 SQUIRE SANDERS & DEMPSEY 4386 P.01i30 • SQUIRE, SANDERS& DEMPSEY L.L.P. Two Renaissance Square 40 North Central Avenue,Suite 2700 LEGAL Phoenix,Arizona 85004-4498 ...• 2E QtjI1U Office: + 1.6o2.52s.4000 COUNSEL � 1^, � TDE� Fax: +1.602.253.8129 v WORLDWIDE Preferred Fax: +L602.253.8129 If Problems: +1.� May 7,2001 PLEASE DELIVER THESE PAGES IMMEDIATELY No. of Pages (including cover): 30 To: Loreen Nicolay Facsimile No: (425) 430-7300 Company: City of Renton Confirmation No: (425)430-7294 To: Phil Pitney Facsimile No.: 206/547-5090 From: Laura K. Graf Direct Dial No: +1,602.528.4037 Re: The Bluffs D� 1 blessary e: Loreen: � Attached please find a redlined and clean version of the Declaration of Cove ants, Conditions, Easements & Restrictions Applicable to The Bluffs,A Residential Community. Please b advised that I have. ed the legaldescription for the Property (approved bySonja Fesser) and th egal descn non for the Greenbelt. p P rtY ( PP 1 � P You will receive the site plan directly from Phil Pitney. I will forward the original clean Dec radon via Federal Express for tomorrow morning delivery. Thank you for your continued assistance with this matter. If you have any questions,please do not hesitate to contact me. CONFIDENTIALITY NOTICE: TLC ati.iched information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination, distribution or duplication of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by • telephone and return the original message to us at the address above via the postal service.Thank you. Sender No.: 07570 01234.50055 S.Miranda Job No: • Account No. Return to Office www,ssd.com .. .. DEVELOPMENT PLANNING CITY OF RENTON JUN 1 1 2000 „ B.R.E. Builders, Inc. RECEWED 400 North 34`h Street, Suite 200 B•R•E Seattle,WA 98103 PROPERTIES Telephone: (206) 547-4800 Facsimile: (206) 547-5090 TO: Loren Nicholay FROM: Phillip C.Pitney COMPANY: City of Renton DATE: 6/8/01 1055 S. Grady Way, 6th Fl. PHONE 206/547-4800 Renton,WA 98055 PHONE: 425-430-7300 RE: The Bluffs %riri.�i�%%i�'�✓i,:i� i�a��:i�ir %_2_%y�/r!r�i>i,;�iwii3:..rig-%2�%2+'i<'%e%f,;'%�'i.:: �'a:�%/.�i�,i i,�!_,%i8.:�.ri�s�_�i✓.�,:�iJ .ricer. ia!_i1!=�::=6.!�ii_isga iii,/, WE ARE SENDING YOU ATTACHED VIA: FAX OVERNIGHT OTHER XX 1sT CLASS MAIL COURIER PAGES.. DATE - DESCRIPTION , THESE ARE TRANSMITTED AS CHECKED BELOW: For your approval For your information _ For your use XX As requested For your review&comment REMARKS: • Please review this exhibit to our recorded document for the Bluffs. • COPY TO: pia.- • SIGNED: " Pfiiilip Titney __ Total number of pages including cover: 7 . • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM • DATE: May 7,2001 TO: Laureen Nicolay FROM: Sonja J. FesserR SUBJECT: The Bluffs,Legal Description Review May 4,2001 Submittal Bob Mac Onie and I have reviewed the above referenced legal description submittal and find that the representative of the owners of the subject properties(Laura Graf of Squire, Sanders&Dempsey L.L.P.)has made the revision to Parcel"C"as requested in our memo dated May 4,2001. However,Ms. Graf is unwilling to change the legal description for Parcel"A"to add an exception for I-405. We do not feel that it is necessary to pursue this matter any further. We accept the legal description for the overall site of"The Bluffs"as presented(with the change to Parcel"C"). • • • \U:\SFESSER\Bluffs 13.DOC os'cY c),f City of Renton . ♦ ,.a ♦ Development Services Division 41 �(# 1055 South Grady Way, 6th FIr NRenton, WA 98055 Date: 5- r7 0/ TO: 6�( FROM: Laureen Nicolay Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 ' SUBJECT: L o aL /Ot 6- '1/° �` I Number of pages including cover sheet: / REMARKS: ❑ Original to ❑ Urgent 0 Reply. 0 Please 0 For your be mailed ASAP Comment review Wwx, Go)-i tot Lfava Te er- CL�" "`�5 - 73/z lrU 1 ( /J� po l i1 6t) a, 440/Fac aC, -r-V-yrfriAictI 1:0 ifcvn (.4z (l au/yji_ e(teze_i.-7,3 Ahead of the curve c'vt City of Renton . . ♦ ._a + Development Services Division 1� �� 1055 South Grady Way, 6th Fir 1VT Renton, WA 98055 Date: 5`�-//0/ 1 TO: /a n_ af-' FROM: Laureen Nicolay Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 ' SUBJECT: I.0.4 4 xi 7p -Q- ehudfr I Number of pages including cover sheet: REMARKS: ❑ Original to ❑ Urgent ❑ Reply. ❑ Please For your be mailed ASAP Comment review lei 1bU flAtfiy# aeoo Ao_ed41 cL e cc�uU�- ,c_ e rye br� / 1 Y d 13‘211111+(Nil Y��•i.t An. Ahead of the curve CITY OF RENTON RECEIVED CITY OF RENTON MAY 0 4 2001 PLANNINGBUILDING/PUBLIC WORKS �vi�uwv� i�l VISIO�i MEMORANDUM DATE: May 4,.2001 TO: Laureen Nicolay FROM: Sonja J.Fesser SUBJECT: The Bluffs,Legal Description Review (April 26,2002 submittal) Bob Mac Onie and I have reviewed the above referenced legal description submittal and have the following comments: The legal description for"Parcel A"still does not include an exception for I-405,even though, according to a record of survey(King County Rec.No. 20000612900001), a small portion of Tract 349, ("Parcel A")lies within the I-405 right-of-way. Please revise the legal to correct this omission. "Parcel C' still includes a"Together with" statement for a street vacation recorded under Ordinance Number 4834. This inclusion is not needed because said ordinance does not pertain to this parcel; please revise. The Pedestrian Path Easement document legal description(Exhibit B)should include the following: Situate in the Southwest quarter of Section 5,Township 23 North,Range 5 East,W.M., in the City of Renton,King County,Washington. The legal descriptions for"The Bluffs" site,contained within the pedestrian easement document as Exhibit A, are outdated and should not be used. When the above comments concerning"The Bluffs" site legal descriptions have been satisfactorily resolved,then the resulting legal descriptions should be used for this easement document. \U:\SFESSER\BLUFFS 12.DOC .021/4,y Cipr CiTY OF RENTON Planning/Building/Public Works Department se& Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • • May 1, 2001 • • • • Phillip C, Pitney : • Development Director . : BRE Properties; Inc. • 400 North 34th Street Seattle, WA 98103 . . . . Subject: Compliance with Conditionsf0Approval for'The Bluffs' Apartments . City File Numbers: B990400'throUgh B990409;B000334,.and LUA89-044 , Dear Mr. Pitney.: • This letter summarizes OurxeCeptiteeting,and,supercedes Laureen Nicolay's letter of • • April 23, 2001. . The following Land Use Permit-related items remrnn outstanding and heed to be completed prier to any temporary ok permanent Phase 2:Qaut*antiPernyit issuance • Site Plan: The site plan needs tO be simplified to be more legible at its present scale : and so that it may•be'photographiCp1h(:reclgcecito'ServeasOe "Schedule 2" :• • attachment to the covenants. The plan needSta:be;Te9iserd to clearly indicate all the 'outer boundaries of the Site (reflecting all boundary agreements) and including (and identifying as a "natural area")the greenbelt pprtiortee the site: Due to the lineal nature of the site, at least 2 separate sheets (With match lines)will likely be required: . . Also, to expedite your occupancy permit, please ensure the plan indicates compliance • with all site-related Hearing Examiner Conditions of approval (condition hUmbers 11, : • 12, 13; 15, 16, and 18, attached) and note the total number of on-site parking spaces provided. Since this project has been revised so many times over the last 10 years, and this site plan document will be what the City refers to in the future to ensure• • 1 , compliance with the covenants, it needs to be accurate and legible.:Please have your : architect or engineer contact Laureen Nicolay at425-430-7294 with any questions .! regarding the site plan's legibility. : Legal Description: The City's Property Services Section is currently reviewing the ' most recent legal description for the overall site; however,..we have not yet received a revised legal description (or map) for the greenbelt area. 1055 South Grady Way-Renton,Washington 98055 614 This paper contains 50%recycled material,20%post consumer Mr. Phillip C. Pitney 0 May 1, 2001 Page2 Park Mitigation Fee: We understand that you now propose to dedicate to the.City's Park Fund in lieu of dedicating a trail. If you choose this option, you will need to provide an additional s$29,700 in park mitigation fees: The City has already collected $5,3.17.65 in park mitigation fees for the 15 additional units added to the project ' subsequent to the preparation of-the Mitigation Document. The remaining amount is based upon the original 165 units times $180.00 per unit as required by the.Hearing Examiner. Landscaping: Provide a final landscape plan (indicating:the revised site boundaries • and any field changes) and cost estimate for installation:of any landscaping/irrigation not let installed. We will need one of the following security devices: letter of credit, set-aside letter, or assignment of funds:(sai=rplest-attached) in an amount equaling 1504 of the installation estimate >This$is-not:'a specific,project-related condition per •se, brut is required for any project wisl Ong to obtainya'temporary occupancy permit in advance of complete landscape installation. In`addition, pursuant to'Hearing.Examiner • condition number 9, we will'also-need a 3-year.security device (which may be in bond form) covering "maintenance::;and:plant replacement of ailsite landscaping". Please provide this as a separate document alsoAthwe''amount of 150% of the total cost estimate (replacement plus maintenan4:for'3-years). w, Restrictive Covenants:• a r We have reviewed the most reCently,submittba.covenants,a'nd have the following re1quested changes: STD".::`Y Article 11.5: Article 11.5 should;be"amended:.to'elimi;nate the reference to [now deleted] "Article 10".. Attachments to Covenants: All schedules, legal descriptions, and attachments to covenants must be legible and current (e.g. site plan, greenbelt area, and legal descriptions) Improvement Installation: You should ensure that all the required improvements • from the Hearing Examiner's decision (e.g. all sidewalks, signage, and pedestrian , connections, stairways/"hill climbs landscaping) and Mitigation Document Conditions (e.g. 'on-site car washing area with oil/grease traps) have actually been installed at the site so that an occupancy permit may be granted. The locations'of'these • improvements,as well as the required parking, should also'be included on the revised . site plan. Let me know when these improvements have been installed so that I can, schedule a land use inspector to visit your project. Please submit all plans, documents and revisions requested in this letter to the ' attention of Laureen Nicolay so that she can route them to the appropriate reviewers.. and keep track of the progress. Mr. Phillip C. Pitney May 1, 2001 Page3 This letter only addresses land use-related issues tied.to the land use/environmental review the project underwent years ago and does not address any Uniform Building, Fire or Public Works-related matters which may be outstanding. Those items, if any, will be addressed separately through the typical building division occupancy process. Sincerely, J 7 V '1 Neil Watts Development Service Division Director ✓° °=M, cc: File #LUA89-044(B) . <. Building File `' , Laura Graf, Attorney f` , .;'1' Larry Warren, City Attorney ' q..• Larry Meckling, Building Official ;a. _ ; ,c Bob Mac Onie, Property Services.*::)-, • Kayren Kittrick, Plan Review supervisor. Jennifer Henning, Principal planner Glenn Kost, Parks CIP Manager APR-24-2001 17:53 SQUIRE ,SANDERS & DEMPSEY 4386 P.01i25 Two It r1 'ncc Square 40 Notth't:.cnttal Avenue,Suite 2700 pl,nenix,Arizona 85004-4498 UM LLVAL �n Office: +1.602.528.4000 ` COUNSEL Fax: +1.602.253.8129 SANTDIEPSPreferred Fax: •11.602.253.8129 W O R L D W I D E If Problems: +I,--DEVELOPMENT SERVICES CITY OF RENTON April�; .`2001 APR 2 5 2001 PLEASE DELIVER.THESE PAGES IMMEDIATELY RECEIVED No.of Pages(including cover):..119`Zb To: Taitccn Nicolay Facsimile No: (425) /30-7300 Company: City of Renton Confirmation No: '1'0: Phil Pitney Facsimile No: (206)547-5090 Company: BRE PropertieN,Inc. Confirmation No: (206) 547-4800 Prom: Laura K. Graf Direct Dial No: +1.602.528.4037 Re: The Bluffs Message: Attached plmse foul a redlined and clean copy of the Declaration of Covenants,Conditions,EasemPnrs& Restrictions Applicable to The Bluffs,A Residential Community(the"Declaration"). This version of the Declaration ieticcts the changes requested in your April 20,2001 letter. Please be advised that I will forward the revised legal description and other Schedules under separate cover. If you have any tlttr..titnts art concerns,please do not hesitate to contact me. CONFIDENTIALITY NOTICE.: The•A'ii,.1if:ll information is LECIALL.Y PRIVILEGED ANn CONFIDENTIAL and is intended only for the:use ,f the rlrirr•sser.r.named-above.IL the reader of this message is not the iu:aitlrrl recipient or the employee or agent responsihlr fur delivering the„u-..ae,e to the intended recipient,please be aware that any d,:cseu,u,adwt,dtatnbution or duplication of this communication is crrir:tly prul:ibited:It you have received this commutucatim i,,r.rrns,please notify us immediately by telephone and return the urisi„al message to us at the address above via the postal smite.Thank you. Jcndes No.: 07570 01231.bU055 _ S.Miranda Account No. Return to U t'hce job No: www.ssd.com • p,) ratiotui-- et,6,(AS, 6/1, Afu1/4)- -tel b -- IQ° Ste- 1 ((j 'Unh1v C L .2Y OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • April 23, 2001. Phillip'C. Pitney . Development Director • BRE Properties, Inc. 400 North 34th Street Seattle, WA 98103 Subject: Compliance with Conditions of Approval For 'The Bluffs' Apartments City File Numbers: B990400 through B990409 %B000334, and LUA89-044 • Dear Mr. Pitney The following Land Use Permit-related ,;ite."ms,rernain:outstanding and need to be completed,prior'to any occupancy per'= a s�, mkx- ssu' tce - Site Plan: Thank you for the-site.plan_you provided'to me last;week. It does help clarify the proposed public;trail location.°.Howe'ler; the contains a great deal of information and is difficult to use to determine compliance with the Hearing Examiner conditions. The site,plan needs to be simplified to be more legible at its • present scale and so'that it maybqphotograptlically.reduced to serve as the "Schedule 2" attachment to the covenants: The<planyneedsrto be_revised to Clearly indicate all • the outer boundaries of the site (reflecting all boundary agreements) and including : • ' (and identifyingas a "natural area") the greenbelt portion of the site. Due to the lineal nature of the site, at least 2 separate sheets (withi match:'lines) will likely be required. : •• Also; to expedite your occupancy.permit, please ensure the plan:indicates.Compliance 0 with all site-related Hearing Examiner Conditions of approval (condition numbers 11; 12, 13, 15; 16, and 18,.attached) and note the:total number Of on-site parking spaces provided. Since this project has been revised so.many times over the last 10 years; and this site plan document will be what the City refers to in the future to ensure . .. compliance with the covenants, it needs to be accurate and legible: Please have your architect or engineer contact me at 425-430-7294 with any questions regarding the site plan's legibility. • 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer Mr. Phillip C. Pitney April 23, 2001 Page2 Improvement Installation: You should ensure that all the required improvements from the Hearing Examiner's decision (e.g. all sidewalks, signage,.and pedestrian connections, stairways/"hill climbs", landscaping) and Mitigation Document Conditions (e.g. on-site car washing area with oil/grease traps) have actually been installed at the site so that an occupancy permit may be granted. The locations of these : • improvements, as well as the required parking, should also be included.on the revised. site plan. Let me know when these improvements have been installed so thatl can schedule a land use inspector to visit your project. . Legal Description: The property's legal description is still incomplete and thus prevents recording of any required documents. The legal description for the site : contains several blank spaces reserved for 'qundary,agreement documents to be recorded. Until those boundary agreement documents are recorded, the legals . . remain incomplete and recording of your requireddocuments cannot occur: Trail Easement and Trail Easement Document: The;draft public:trail.easement, originally submitted to theCity..last weekshowe.d,„a 'landlocked' stretch of land with no connection to any public right-of-way, , •eg ,n`ning in the lower parking lot for Building H and ending approximately;<700`=feet4later�at.the parking lot for Building D. A • subsequent revision now shows the=trailvexten ing another hundred feet or so and connecting out to the North 20th Street;right-of-sway: However,.this dead end trail is not acceptable to the Parks Department&or consistent;with the Examiner's condition to provide a public trail "across°:the•=subject site to accommodate a public path that is • identified in the City's Trail Master Plan"(see attached trail. plan map showing the trail. location running the north-south,length of'theiproperty) Please allow 3 weeks for us ,, to review the revised easement legal`description and drawings. . Please either work with Glenn Kost of the Parks Department (425=430- 6602) to revise: the trail easement so that it runs the full length of the property from the southerly boundary up through the greenbelt connecting to North 24th°Street or provide an additional $58,494.15 in park mitigation fees. The City has already collected:$5,317..65 in park mitigation fees for the 15 additional units added tothe project subsequent to: the preparation of the Mitigation Document. The remaining amount is.based:upon . the original 165 units times the current park mitigation fee of $354:51 per multi-family unit as required by the Mitigation Document for this project. If an acceptable trail: easement is not provided, the document requires the applicant to"pay aParks . Comprehensive Plan Mitigation Fee in effect at the time of issuance of a Building . Permitfor each element of the project. If no fee is in effect at that time, the 'applicant will pay an off-site mitigation fee of.$180 per multi-family unit".°There was a Park Mitigation Fee of $354.51 per unit in effect at the time of Building Permit Issuance. Mr. Phillip C. Pitney April 23, 2001 Page3 If you wish to pursue creating an acceptable trail easement, please contact Glen Kost . of the Parks Department regarding the trail location. Also,.the easement document language will need to be revised to the satisfaction of the City Attorney Larry Warren: He has indicated that Sections 4, 6 and 10 of the easement document are not acceptable. Please contact Mr. Warren directly regarding his concerns at 425-255-8678. Landscaping: Provide a final landscape plan (indicating the revised:site boundaries and any field changes) and cost estimate for installation of any landscaping/irrigation not yet installed. We will need one of the following security devices: letter of credit, set-aside letter,or assignment of funds (samp.les attached) in an amount equaling 150% of the installation estimate. This is not a specific project-related condition per se, but is required for any project wishing;„to'obtaina temporary occupancy permit in advance of complete landscape installationy,==°In addiition, pursuant to Hearing Examiner : condition number 9, we will also need?a 3-year security,device covering"maintenance and plant replacement of.all Nxx also '' -site landscapin Pleaseproviide this as a separate document, also in the amount of,150%0 of the total`eosttestimate:(replacement plus • maintenance for 3-years). ' <.. ''= : k ... ;r,;w . `l' fir. t •Z;R n.si; '�i Restrictive Covenants: :n �' 'r ''` " 'u` Article 3: Article 3.6 shouldibe3 arnended to:change thelast occurrence of the word "Owner" to "BRE Properties, Inc."to,clarfy that, while°BRE may have no further. obligation, the.(new) owner of%the,developmen't:will.still be`ob.ligated'by the : covenants. .r Article 5: Hearing Examiner Condition #7 contains•�langua,ge requiring replacement of dead or severely damaged:,`landscaping-_This.language needs to be added to .' Article 5 of the covenants. 1,e Article 7: Add language prohibiting,the separate°sale of any of the properties': • described in legal description, Schedufe•1t without the express written approval of the City of Renton. This is to ensure that the:greenbelt-parcels are not sold separately from the remainder of the lots. Article 7.27::Add word "unpaved" prior. to the words "private trails":. Also, the legal description and map exhibit for the greenbelt area should be amended to include "Parcel N" as well. Article 9: Eliminate Jana Hanson's name and replace with the following:,Attn: "Planning/Building/Public Works Administrator or Successor Title" Article 11: Article 11.5, which currently allows the owner to "close .. . the greenbelt" will need to be modified if a trail easement is created through.the greenbelt area. Attachments to Covenants: All schedules and attachments to covenants must be legible and current (e.g. site plan, greenbelt area, and legal descriptions) ; Please submit all plans, documents and revisions requested in this letter to my attention so that I can route them to the appropriate reviewers and keep track of the progress. Thank you. - Mr. Phillip C. Pitney April 23, 2001 Page 4 This letter only addresses land use-related issues tied to the land use/environmental review the project underwent years ago and does not address any Uniform Building, Fire Or Public Works-related matters which maybe outstanding. Those items, if any, will be addressed separately through the typical building division occupancy process. Sincerely, r! ' i Laureen Nicolay Senior Planner , iras' r''K, tY`. y,;; M attachments ;�... 1 -,",," ':�.A ,\ram,.,., ,<`� r,� . . - . cc: File #LUA89-044(B) .-. Building File ', ,- - Laura Graf, Attorney y fr ,y.°.,:. . J Larry Warren, City Attorney . ,F x , . =` , Larry Meckling, Building"Official\" `�`' `_` -a=, f Bob Mac Onie, Property `.:: `''`:, 9 Services-,, ''' '''' ¢. - Neil Watts, Development Services"Division Director 's y Kayren Kittrick, Plan Review'Supervisor < , - ,," Jennifer Henning, Principal Planner:. Glenn Kost Parks CIP Manager.. 1 • • • - Colin Quinn :. •• • ' . R;SA444-89 - • January 12, 1993 • Page 16 • . • Landscape•Maintenance Covenants: The applicant shall execute covenants running with • "' the land acknowledging this and.future owner's responsibilities-for-maintaining the new ..i +..� n.. Sa .:.. r :--... .�. . . + ( ,....• j -'L': 1'. a`f.✓ �. d . ;•;;"on-SiteT•landscaping•and other:improvements:on'the:site.in accordancewith-accepted, " - •- " - - - ..:i;".landsea� e`��rinci:� -� � .;. .. ,�.- T.; -- .. ;., �- Tv:.��, �.�:�:. .f..: �. ; �r,.-� . - .. . p p pals:"':me"covenant,shall require:the.land owner,.to,ugree.to replace any • , . and all new landscaping that has died or been so severely damaged through improper . .- ' . maintenance:(e.g. improper.or excessive pruning) as-to destroy.or significantly reduce • - - . •• • the original:intent. •The"landscaping covenant shall be approved by:the Development . Services•Division:and City Attorney prior'.to:the issuance of:a Building Permit. - . 9. - Landscaping Surety Device: The applicant shall post a surety device,to be approved by • .. the Development Services Division for maintenance and plant replacement of all site .. . . • = -.landscaping•to•cover a three (3)•year period. :Evidence of the suety device"is required' - • prior to'the issuance Of a•Building Permit. •, _ •" The applicant shall execute covenants that assure that all.of the,residents of all the - buildings, including Building F, shall be entitled to freely•use all the recreational . - - - amenities that are provided and constructed as a result of this approval including the • pool and recreational!complex in Building C. . 11. The applicant shall.construct a raised standard sidewalk•that parallels the access • driveway and which runs from Lake Washington Boulevard to the southwest corner of . Building A. All other Buildings of the upper terrace shall be linked by pathways • . - .. .subject:to.the-approval of the City.. ..All sidewalks and pathways:shall:be constructed-by • ..=..•the-.applicant and approved by*the City:prior:°to:the-issuance.of an;occupancy.permit. -= : • 12.. The applicant shall Construct and shall not defer or otherwise eliminate a sidewalk along Lake Washington.Boulevard_that runs from.the south boundary line of.the site to the - • •• intersection of the intersection of N 20th (as extended).. The.sidewalk shall be constructed by the applicant and approved by the City prior to the.issuance of an occupancy-permit. . . 13. The applicant shall construct at least two separate hill climbs that may consist of any combination of stairs, paths and sloping ramps and at least one of which shall connect, . as practical as possible, Building F with Building E and the second of which shall - connect the upper terrace in the vicinity of Buildings A, C or D and Lake Washington Boulevard. . - • • : -Facilities.Maintenance: .In order" to ensure the maintenance and upkeep of residential ::. • building ext•eriors acid:common. co•mmunity facilities; the"applicant,is required•to:,..:•:• .'• a) Establish a condominium homeowners association for the continual maintenance of the site facilities (e.g..landscaping, roads, utilities), common facilities . (recreation, lobbies, etc.) and residential building exteriors. b) Establish covenants on the land, as well as on each condominium deed requiring on-going maintenance of the facilities-described in•"a",•-above;-as well as . - - participation in the condominium homeowners association. 15. On-Site Recreation: In order to address demand for on-site private recreation facilities, the applicant is-required to construct.the proposed recreation center, swimming pool, and pedestrian walkways. - ' t �•'r ` � Colin Quinn • • - - - • - R;SA-044-89 . January 12, I993 • - ••Page 17 . • . . _ . - • : •. •• 16. Off-Site Recreation".Demand::The-applicant shall either provide an easement across the • 4 1,.. .:-subject sit to-accommodate a;.public path;that:issicdent f ed.in the:City's.Trail Master • }, 114.1 iin th s`-genera1 _location or pay;an`off=site Palk Mitigation`Fee:of:•$:180 per multi-, .'�i.-+ � �" 43?laic,a.26: S.r li-. S•ccY:Y'.1` ig:`.-e':;.;,:>y_-.a .:i sihtiz �;• familyunit ` • • r ' 17: •.' Street Cleaning Surety Device;During Construction: The applicant shall post a surety . .:. • •• device,to be approved:by the Transportation Systems Division for street cleaning during • • - the construction phase of the project. Evidence of the surety device is required prior to . •- the issuance of a Building Permit.,: : :: 18. The applicant shall install signs at:all entrance points and signs that clearly identify :buildings. • 19. Project Phasing: If_the applicant•chooses to phase the project, the,applicant shalt use the • . •• . : following schedule subject to approval.of the.City; • • • • • . • 1) All site Preparation (site•grading, utilities,•and roads)-shall be the first phase;. "" 2) . Site Preparation for all portions of the site shall be completed.prior to.issuance of any.Building Permits..• • •. 20. ' - ;-Storm:Drainage• .& Treatment System Construction: ,The;applicant.;shall comply with.code. . .• •. •-• - = . and appropriately•locate the storm,water-system••entirely:•on the subject:site. , • 21.. . The applicant shall retain a qualified geotechnical'consultant and a qualified hydraulics • engineer.to work with.the applicant's civil engineering consultant to provide recommendations concerning::the engineering-and design of roadways, utilities, retaining walls, drainage, and foundation systems. The,geotechnical consultant shall review and sign off on the project construction drawings prior to the issuance of any construction or building. permits. All such work shall be approved by the City. 22. The applicant shall post a'bond or provide other assurances, approved_by the City i • Attorney, to restore the'site to:its natural condition if development of the site is terminated after any grading•or vegetation removal,has,occurred: • . - ORDERED THIS 12th day of January,.1993.. - • ' .. -. .- J.S. .. •- - - -1 . •FRED.J. KA N - - •HEARING E MINER . • TRANSM11 L -D THIS 12th day of January, 1993; to.the parties of record: Paul Forsander• • • • • Senior Planner . • . • • - • • • . :. CITY OF RENTON Hearing Examiner Earl Clymer, Mayor Fred J.Kaufman February 5, 1993 Colin Quinn 16031 119th PL NE Bothell, WA 98011 Re: The Bluffs File No. R;SA-044-89 Dear Mr. Quinn: This office has reviewed your request for reconsideration as well as some additional staff comments regarding this matter and the response follows. Point A: This office believes that a covenant that establishes'the project as a residential condominium but eliminates ownership percentages would be appropriate and the condition is hereby altered'to reflect that change. Point B: Regarding sidewalk construction, the applicant has already demonstrated that some of the physical constraints of this site can be overcome to accommodate an intense level of development on and around this very steep site, and the installation of a sidewalk along the eastern edge of Lake Washington Boulevard is presumably no more difficult than the . . retaining walls and rockeries the applicant has already proposed for other areas of the complex. 'This proposal includes a physically two-tiered complex with most of the amenities on the upper level. The applicant appears to suggest that human nature be ignored with the expectation that residents of the lower tier will cross to the west side of Lake Washington Boulevard, walk south along the west side of the street and then re- cross the street to climb up the hill to the recreational facilities and reverse this procedure on the return home. What will happen more likely is that residents will walk. . along the unimproved shoulder on the east side of Lake Washington Boulevard, possibly interfering with or•maneuvering around vehicular traffic on that roadway. This office will not modify the sidewalk location without a specific engineering report that indicates • that it is impossible or nearly impossible to provide the sidewalk on the east side of Lake Washington Boulevard. Point C: This office intended that there be three methods of walking to the upper tier; the sidewalk along the access road, and the walkways/stairways between Buildings F and E, . • and between,Building A and Lake Washington Boulevard. The two walkways/stairways were intended to avoid, once again, the tendency of humans to take short routes even when'they are.not officially sanctioned or designated. There appear to be appropriate slopes that would facilitate this second walkway/stairway from the'vicinity of the letter "L" in the word "LAKE" near the south aspect of the printed phrase "LAKE inn Mill Al/pm i crn,th -Rentnn_ Washington 98055 - (206)235-2593 �► OP:,' .., • CITY RENT ON biu Hearing Examiner Earl Clymer, Mayor Fred J.Kaufman Colin ,Quinn February 5, 1993 Page 2 • WASHINGTON BLVD." found on Exhibit #5 and rising up to near the north central portion of the west wall of Proposed Building A. Again, this office acknowledges that the applicant is already providing a great deal of engineering prowess to accommodate this development and these additional amenities seem no more ill-advised, particularly to avoid the problem of social trails. These details are intended to make the project more appropriate for its residents. These stairways can also limit the exposure of residents to traffic along Lake Washington Boulevard by-shortening the distances between the lower and upper tiers of the development in the event a sidewalk cannot be accommodated on the east side of the Boulevard. Point D: Other than the fact that compliance with the proposed condition to incorporate notification language in each deed might be cumbersome, there does not appear to be . any reason to alter the proposed condition. Point E: This condition will be and is hereby altered to reflect that any phasing of the project which may 'occur shall make provisions for the needs of emergency access as required by the Emergency Services Departments and that all storm water utilities be designed by the applicant and approved'by the City prior to the issuance of any Building Permits. The original intent was to limit the exposure of early residents to continued disruptions in the event'the project was phased. If you have any additional qu` estioriCor concerns please feel free to write. •This and the remaining aspects of this proposal may die'appealed to the City Council. .As a result of this reconsideration the appeal period has been extended fo'not later than 5:00 p.m., February 19, 1993. The request for reconsideration and memo from-staff are available in this office for review by interested parties. Sincerely, FRED J. KAUFMAN HEARING EXAMINER • FJK:wmb cc: Mayor Clymer Larry Warren 'Paul Forsander Don Erickson Parties of Record • • inn AVP,,,,P gin„th -Renton. Washington 98055 - (206)235-2593 • ;'7 'r'<r�2 '7 '1\�\ --I 'f ` r ,eM �tc� � i, , � ` J 4 } ...«. .`buy />r� -4 I I \ u \ hi ,14 ' -;:. : c.,. .K.:,- ,;f. pf.ffir,V„ vp''''..?".0?::,,A1 6/4 RJ\,,.• -\\' 'i 2,,,r• 44:t hilierAiki4. 0 '\ '.'" v • , r Si !o w% y�adlii� c, ti. ZS:. , 10, 0,4 `I) ii. ... .1, r-' ^� 4. '. � if , Lid ■ \ ii 1, `� Ii ro\al* ,, ryi • :...,,,....1. 1 • lifiI� r y�i a�4 f,. ., \ , I, .. . it 11 ‘.... c._ )1i /- _ , 1.�1io,-41., rye,?,. w , __ .__ . .iiimpitlic:41, .. ei tr, \,,,,,, ' h •••'?tT Pl•t'F. ',• �f.,a ea`',,0A "7`-F- a�CCcpv r t 's f'te'' , JJJ �lt'�, e`N� +7 /,1 •Illp\- , C 11 1 Qr. ,C ,4. 1t� tJ 01. x' r4. \ ��� • \V�� ?T� •r4l lrl,Y• „VOA( li. P.,. .�._,-...tom.}s fe.':tr 1 ;ii, (M I \ c" ,/ 0. c, ",,�I 'H ey : ' \ '0�000008 z„ I: T I II 1 1,' 1." !I Air. 4 I: 1,4 'I1 • r+:cw t it / `/ II\ I\ ' il? 'T F n`I,,t . 0 'le's ''{: 1"' rgbil r• ...A TALLIJ ''L L. W l M.UAW OD NORTH L ..a IL +MIL 000 uAJoe TRAIL. 000 MINOR IDA,,. p Y MIL� 1. [.TALIL . ‘_ ' Si 0 CITY OF RENTON PEDESTRIAN MASTER TRAILS PLAN il 014 C'J, * Dl.A.1Ml N♦ D. .ANN. AND .l0.l AT1ON SN I' JO.N..N.ILI.,01I1•07011 • CI'. - J OF:RENTON Office of the City Attorney Jesse Tanner,Mayor.' • . , Lawrence J.Warren DEVELOPMENT PLANNING CITY OF RENTON .: *'" '. MEMORANDUM ' APR 1 6 200r To• • Laureen Nicolay,'Development Services Division RECEIVED . • From: • ` 'Lawrence J. Warren,,City Attorney ` - , , . • ' Date _•4-13-01 • Subject: , 'Review of draft restrictive covenants.and proposed'public trail easement for •^ ' .' • •the Bluffs Project,LUA 89-044 SA _ • , With.,respect to•the trail easement, I presume that'the owner is installing the trail, which the ' - ' . • city is.then accepting into public;ownership:for maintenance: The.Hearing'Examiner's report and - ' • ' ERC•mitigation documents:are'-unclear:' In 'an• event,. the insurance requirement (section 4 indemnification (section 6) and-attorney's fees (section 10) aren't acceptable. Risk Management • may suggest a way to meet the insurance,:section, but-I don't want to'be,required to be tendering ; -insurance certificates to these.;folks,'or their.successors, forever:,:If-the,owner is building the trail, • the indemnity is too.broad. Finally, I_'see no reason for the attorney's fee clause. ' On the ;covenants,'the, second sentence of section 7.of the.Hearing Examiner's decision . . '.r•equires replacement'.of dead or severely'damaged landscaping. That language is not in the ' covenants. That is' the only section of,the`covenants.that I think needs.to .be modified. I am . • • - • ;satisfied with the enforcement provision.-.. '- . ••, • ' '. . As an aside Article 9 should be changed'to'elifinate Jana Hansen's name and either put in • Neil Watts or the title to his position; i.e., Director of Development Services. • ; : - ' . ' Lawrence J. arren •, " LJW:ma cc: _ Jay Covington • ' . , T10:30.7 . • ' Post.Office Box 626 - 100 S. 2nd Street- Renton,,Washington'98057 - (425)255-8678 . _ C: This paper contains 50%recycled material,,.20%post consumer ` . • ARR-12-2001 18:02 SQUIRE, SANDERS & DEMPSEY 4387 P.01/06 S RE, SANDERS&DEMPSEY L.L.P. Two Renaissance Square 40 North Central Avenue,Suite 2700 QUIRE LEGAL Phoenix,Arizona 85004-4498 Office: +1.602.528.4000 COUNSEL Fax: +1.602.253.8129 i\NDEPS WORLDWIDE Preferred Fax: +L602.253.8129 If Problems: +1. DEVELOPMENT SERVICES CITY OF RENTON Apri112,2001 APR 13 2001 PLEASE DELIVER THESE PAGES IMMEDIATELY RECEIVED No. of Pages (including cover): h To: Loreen Nicolay Facsimile No: (425) 430-7300 Company: City of Renton Confirmation No: (425)430-7294 From: Laura K Graf Direct Dial No: +1.602.528.4037 Re: BRE / Douglas M. Buck Message: In response to your fax of the revised legal description,attached please find the Record of Survey which was previously recorded (Recording No. 20000612-900001). Also attached is an unsigned copy of the Boundary Line Agreement which references the Record of Survey. Hopefully,this will resolve any remaining confusion. Thank you for your assistance with this matter. If you have any questions, please do not hesitate to contact me. k-#(3(Ot CONFIDENTIALITY NOTICE: The attached information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination,distribution or duplication of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the address above via the postal service.Thank you. Sender No.: 07570 01234.50055 S.Miranda Account No. Return to Office Job No: wwaw.ssd.com AP,R-12-2001 18:03 SQUIRE, SANDERS & DEMPSEY 4387 P.02/06 When recorded,return to: Scott K. Henderson,Esq. Squire, Sanders &Dempsey L.L.P. 40 N. Central Avenue, Suite 2700 Phoenix, Arizona 85004 BOUNDARY LINE AGREEMENT This Agreement (this "Agreement") is entered into as of this _day of April, 2001 between BRE PROPERTIES,INC., a Maryland corporation("BRE") and DOUGLAS M. BUCK ("BUCK"). WHEREAS, BRE owns fee title to that certain real property located in King County, Washington, which is more particularly described as follows: Lots 348 and 353, C.D. Hillman's Lake Washington Garden of Eden Division Number 5, according to the plat thereof, recorded in Volume 11 of Plats, page 83, Official Records of King County, Washington(the"BRE Property"). WHEREAS, BUCK owns fee title to that certain real property located in King County, Washington, which is more particularly described as follows: Lots 347 and 354, C.D. Hillman's Lake Washington Garden of Eden Division Number 5, according to the plat thereof, recorded in Volume 11 of Plats, page 83, Official Records of King County, Washington(the"BUCK Property"). WHEREAS, pursuant to City of Renton Ordinance Number 4838 (the "Ordinance"), the City of Renton previously vacated portions of Lake View Boulevard (also known as 104th Avenue S.E.), more particularly described in the Ordinance (the "Vacated Parcel"). Portions of the Vacated Parcel are contiguous to both the BRE Property and the BUCK Property and therefore, by operation of law, were added to the BRE Property and the BUCK Property respectively. WHEREAS, BRE and BUCK wish to enter into this Agreement for the sole purpose of confirming the legal descriptions of the BUCK Property and the BRE Property, respectively, including the addition of that portion of the Vacated Parcel added to the BRE Property and the portion of the Vacated Parcel added to the BUCK Property. NOW, THEREFORE, in consideration of the mutual benefits and covenants contained herein and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Library:Phocnix: Document!!; 141571v2 H;K-1 — ULLL 11:1;41.S 5UU 1 Kt, 5HI4LtK5 7S LtI`It'S .T '+ ( I-'.bJibb 1. Addition to the BRE Property. BRE and BUCK agree and confirm that the portion of the Vacated Parcel added to the BRE Property is that portion of the Vacated Parcel contiguous to the BRE Property as set forth and more particularly described on that certain Record of Survey recorded in Book 138 of Surveys, Page 95, at Instrument No. 20000612- 900001, Official Records of King County, Washington(the"Record of Survey"). 2. Addition to the BUCK Property. BRE and BUCK agree and confirm that the portion of the Vacated Parcel added to the BUCK Property is that portion of the Vacated Parcel contiguous to the BUCK Property as set forth on and more particularly described in the Record of Survey. 3. Construction. This Agreement shall be governed by and construed under the substantive laws and judicial decisions of the State of Washington. 4. Severability. If any provision of this Agreement or the application of this Agreement to any party to this Agreement or any other person is held to be invalid,void, or illegal, the remaining provisions shall nonetheless remain in full force and effect and shall not be affected by such invalidity or illegality. 5. Successors and Assigns. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 6. Entire Agreement. This Agreement sets forth the entire understandings of the parties with respect to the matters set forth herein as of the date hereof; it supercedes all prior oral or written agreements of the parties as to matters set forth herein; and it can not be altered or amended except pursuant to an instrument in writing, signed by each of the parties hereto. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, BRE and BUCK have caused this instrument to be executed this day of ,2001. BRE PROPERTIES, INC., a Maryland Corporation By: Name: Its: Douglas M. Buck "BUCK" Library:Phoenix; Document#:14I57Iv2 APR-12-2001 18:03 SQUIRE, SANDERS & DEMPSEY 4387 P.04/06 STATE OF ) ) ss. COUNTY OF ) On this day personally appeared before me Philip Pitney, to me known to be the Development Director of BRE Properties, Inc., a Maryland corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 2001. Printed Name NOTARY PUBLIC in and for the State of Washington,residing at My Commission Expires STATE OF ) ) ss. • COUNTY OF ) On this day personally appeared before me Douglas M. Buck, to me known that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 2001. Printed Name _ NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires Library:Phoenix; Document 4. 141571d2 APR-12-2001 18:03 SQUIRE, SANDERS 8. DEMPSEY 4387 P.05/06 i • 4, • 2onaocD12_• gnr1 iSalg5 • li; v , 11I ill >, 1 i �� g . �a S t ilL � . � �� A, \ _ ,.1 i 11 ri 1 PI h • 11 11111 Pli ll I tri 1 III . r _cc .j I, .ti go i 4 .1,01A 1,,,1 - ip gi 1 F q n i vizx �, ' �. I . . . i 1 :a att1:15 i .1 1` ail al 1 E., i! vb $1•4 i zt'Sdz kJ a II 5 v 1 • B % lii 111111 h 111 il . . • i ti I 3fi� ti 1111 r I IdI . •• vo li . _La _ a00. r �IiS*_�. • - 7..kv,t, _ .. NI .,.ice"�� l 1s C � Is•ii li.S!!S ... 1.' 7;'.". g • .. r , ' 'ir ' • ' y)) 00 ig ,... - . 1_, ill 1 : ., ;k . ., rr i �1� art � „tea. —_ fflj i . , bl 1 i , •\t.i. vt‘ 4/ 4 -- ' •71-31-'111:.-- '''' a tb -1 I : yy}7� J "II 4� �,, HIA,a1.Kc'w1 6s29 S If a. 1� "Si ig a,y O • 4,tt'" a . y, t t III 1;iiiiii 1 I] i — I • li 1 1 3i . ...• !IIIIII!!!! i i 1 • . 90'd 1H101 4 I �d1 ri i �r Its N1IIi N I 1� ,le , ...3..1:,-- ‘ . c ► • ' M te..".• Me ' _ 1 I as % L...,'��a� i \ Rnt*1 • Il r I y �5 1 Vtv_lem m I r t 1. . I � / 2 6 • •a1 I J `+. ' I C P,SR,R -- • ' ' a —LlMjCO) - ''b- ' u I a . - i I litr— — w4rnrY!-r_„,.5 I-' — I r;. , ..:., _,L_A itpil I " € OF II _ w L. ..a Ohm, __.__► ill I I '.aw Ili ' iii . 'jI111 :- i I \ kiLi I� r ti M II I I 1, R ' •11 I. I I 7 I _ — , I� I_ JONES AVENUE N.E. L _� _ . � b t • A t T,.;. . . A i CI . it ♦ i + s r, '1 • Ili S ' • 4. . i 1 r,,,i,.s. r44 11 4 i n 1Nli . ' , • h. • • ►'• ..tiri • AG1ygM'A I.AS•'& J.SSdWSQ 2 SN GNHS `SNIf10S b0:8T T00z-ET-ei66' CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: APRIL 12,2001 TO: LARRY MECKLING FROM: NEIL WAITS Al i u SUBJECT: OCCUPANCY REQUEST FOR THE BLUFFS We cannot grant any occupancy approvals (temporary or final) for any buildings in the Bluffs project at this time. The project has several land use conditions that are not completed at this time. Several of these conditions were stipulated to be completed prior to issuance of building permits. • We agreed to allow construction to begin with the understanding that these issues would be quickly completed by the applicant. In spite of several letters requesting completion of these conditions, the applicant has not complied with these requirements. Therefore, the land use conditions required prior to building permit issuance or occupancy for this project must be completed prior to any occupancy approvals. The Current Planning Section has sent several letters addressing this requirement, yet the applicant has chosen to proceed under the assumption that they could obtain occupancy upon completion of the building construction. A letter from the Building Official outlining this legal limitation on our ability to grant such occupancy would help get our point across. We want to have these buildings completed and occupied. However, we need the applicant's assistance in completing the conditions placed on the project for the land use approvals issued by the City to allow us to issue occupancy approvals. Any questions regarding the land use conditions and the requirements for their completion should be referred to Laureen Nicolay at 425-430-7294. cc: Jennifer Henning Kayren Kittrick_ Tureen Nicolay_J Cityof fenton ♦ ..0 ♦ Development Services Division 'e�N�o 1055 South Grady Way, 6th Flr Renton, WA 98055 Date: 4(f /62 TO: Laura Graf FROM: Laureen Nicolay Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: /-�fia ���_8/e.9? Fax Phone: (425) 430-7300 cis/-3do/17o/ oP /va ' SUBJECT: oteserip n-f 7 - I Number of pages including cover sheet: REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Naar G4101-, ce/9kt (-VAi/i(W/WS 6"eciol) 4A/14 02,c) 11)fr 0 G�/ O(�.c'�vvke-- & � (�1 to ( , h1 i ( dkom. , 4 ( 1 (Wea, ( l a,c/14 v4rd g /1g,8-r'zot7 .� �DC `f110�6 /11 na/V74 k/t,� `1 v C2 (i/A U PLw +rn Ahead of the curve ,} EXCEPT that portion thereof conveyed to King County for Newport-Renton Road by deed recorded under Recording Number 1036529; ` TOGETHER WITH those portions of Lake View Boulevard (104th Avenue S.E.) vacated by the City of Renton under Ordinance Number 4834, as recorded under Recording Number 20000321000918, that attach thereto by operation of law, and as confirmed by that certain Agreement between BRE Properties, Inc. and Douglas M. Buck, recorded under Recording Numbe`,, Official Records of King County, Washington. Croat PARCEL S: Tract 346, C.D. Hillman's Lake Washington Garden of Eden Division Number 5, according to the plat thereof, recorded s Volume 11 of Plats, page 83, Official Records of King County, Washington, as said prope I is depicted on Survey recorded in Book 45 if Surveys, Page 111, and recorded under Recors ing Number 8506249011, records of said county and described by King County Boundary Lin- Agreement recorded under Recording Number 8506240829; TOGETHER WITH that .:ortion of vacated 104th Avenue Southeast (Lake View Boulevard) vacated by the City of Re s ton under Ordinance Number 4029, as recorded under Recording Number 8612031457,that . .ches thereto by operation of law, AND TOGETHER WITH those portions of the remainder of Lake View Boulevard (104th Avenue S.E.) vacated by e City of Renton under Ordinance Number 4834, as recorded under Recording Number 200003'1000918,that attaches thereto by operation of law. AND as said Tract 346 i• depicted and described on that certain City of Renton Lot Line Adjustment Number LUA 00-093-LLA, recorded in Volume 141, page 13, under Recording Number 200001018900004 Official Records of King County, Washington. poinfis Ztnd `ir►e,s as ota-fined Pc14 5 - 8,0 and aSSod atect SvrV -(f o-F recce sz �( o U Library:Phoenix; Document#:141955v3 PUBLIC WORKS MEMORANDUM DATE: April 12, 2001 TO: Larry Warren, City Attorney FROM: Laureen Nicolay, Development Services Division SUBJECT: Review of Draft Restrictive Covenants and Proposed Public Trail Easement for The Bluffs Project, LUAB9-044 SA Attached is a draft restrictive covenant and trail easement. The covenants and easement are intended to implement the attached Hearing Examiner conditions of Site Plan approval and/or Mitigation Document measures. The Property Services Section is currently reviewing the legal descriptions for both documents. Please review the draft documents and let me know if you find the documents adequate to satisfy the conditions of approval. Are the enforcement provisions adequate? Also, please ensure there are no conflicts or ambiguities relative to the previously recorded "Property Use and Development Agreement" (attached). Thank.you. - APR-11-2001 13:20 SQUIRE, SANDERS 8. DEMPSEY 4iar 1-..e1'e4 SQ1_f' .:, SANDERS&DEMPSEY L.L.P. Two Renaissance Square 40 North Central Avenue,Suite 2700 Phoenix,Arizona 85004-4498 SLJII&E LEGALOffice: +1.602.528.4000 COUNSEL Fax: +1.602.253.8129 ANDE RS WORLDWIDE Preferred Pax: +1.602.253.8129 �- If Problems: +1. . . April 11,2001 PLEASE DELIVER THESE PAGES IMMEDIATELY No. of Pages (including cover): 4 To: Loreen Nicolay Facsimile No: (425) 430-7300 Company: City of Renton Confirmation No: (425)430-7294 To: Phil Pitney Facsimile No: (206) 547-5090 Company: BRE Properties Confirmation No: (206) 547-4800 From: Laura K. Graf Direct Dial No: +1.602.528.4037 O\ Re: The Bluffs 41 k .11c3Sage: \n",0111 vpty) 1 " In response to your inquiry this morning, attached please find a copy of the recorded lot line , ‘I1 adjustment which was approved by the City of Renton. V`r,, , y� ' Additionally,please be advised that Phil Pitney will drop off the Pedestrian Path Easement(with All exhibits) today. t 4 ( If you have any questions or concerns,please do not hesitate to contact me. ^n(p 1" e CONFIDENTIALITY NOTICE: The attached information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination,distribution or duplication of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the address above via the postal service.Thank you. Sender No.: 07570 01234.50055 S.Miranda Account No. Return to Office Job No: www.ssd.com CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 04/10/01 TO: Larry Meckling FROM: Jennifer Henning 64 SUBJECT: Temporary Certificate of Occupancy for The Bluffs(B990407) The Temporary Occupancy Permit for The Bluffs Building A(1405 NE 20th Street)Building Permit No. B990407 cannot be approved at this time. Nor can we sign off on any Certificates of Occupancy for the project. Several items are outstanding, including restrictive covenants and easements. We have consistently communicated this information in writing over the past several months to the applicant and their representatives. Presently, Laureen is working with Laura Graff in Texas,to obtain the appropriate documents,legal descriptions, covenants, easements, and drawings. These items are coming in piecemeal, and are not in a condition that can be recorded in satisfaction of project conditions. We did agree not to hold up the issuance of building permits,provided that the conditions would be linked to the approval/denial of Certificates of Occupancy. For this reason, I object to the approval of the Temporary Certificate of Occupancy at this time. cc: Neil Watts Laureen Nicolay Document3\cor CONSTRUCTION FIELD SERVICES TEMPORARY/FINAL OCCUPANCY INSPECTION REPORT DATE: APRIL 3, 2001 • TO: [ X ] PLAN REVIEW- KAYREN KITTRICK [ ] STORM [ ] SEWER [ ] WATER [ ] CONSTRUCTION SVCS [ ] PROPERTY MANAGEMENT [ X ] LANDSCAPE/ZONING.- JENNIFER HENNING [ X ] PLAN REVIEW/CRAIG BURNELL [ X ] BUILDING FINAL-/EUGENE SCHNEIDER [ X ] ELECTRICAL FINAL- BRENT RICHARDS/BYRON WILSON [ X ] MECHANICAL/PLUMBING FINAL- PHIL HUDGENS [ X ] FIRE PREVENTION- COREY THOMAS FROM: CONSTRUCTION FIELD SERVICES- LARRY MECKLING- BUILDING OFFICIAL(X 7280) PROJECT NAME: THE BLUFFS ADDRESS: 1405 NE 20"ST./BLDG. A. PERMIT NO: B990407 THE SUBJECT PROJECT IS NEARING COMPLETION. PLEASE INVESTIGATE YOUR AREA OF RESPONSIBILITY AND INDICATE BELOW EITHER YOUR ACCEPTANCE OR NON-ACCEPTANCE. PLEASE RETURN THIS FORMON OR BEFORE APRIL 10, 2001, IN ORDER THAT A TEMPORARY/PERMANENT CERTIFICATE OF OCCUPANCY MAY BE ISSUED. IF NO COMMENTS ARE RECEIVED BY THE ABOVE DATE, THE TEMPORARY/PERMANENT CERTIFICATE WILL BE ISSUED. COMMENTS TO BE CLEAR AND SPECIFIC ENOUGH TO BE READILY UNDERSTOOD BY THE OWNER/AGENT. COMMENTS SHOULD INCLUDE THE APPROPRIATE COST TO INSTALL OR PROVIDE WHATEVER IS NEEDED. TO: BUILDING OFFICIAL DATE: FROM: THIS PROJECT IS APPROVED BY THIS DEPARTMENT SUBJECT TO THE FOLLOWING CORRECTIONS: _ NON-LIFE SAFETY ITEMS LIFE SAFETY ITEMS N ur MYI"1 tA9 _ ID- . 1t 5 IF MORE SPACE IS NEEDED, USE THE BACK OF THIS FORM. DO YOU HAVE ANY OBJECTION TO ISSUANCE OF A TEMPORARY/PERMANENT CERTIFICATE OF OCCUPANCY? (IF YOU HAVE LISTED ANY LIFE SAFETY ITEMS, MARK "YES") r YES [ ] NO (-----,j\tAan,UTHORIj'ak ZEDSIGNATTUREv B990407fnIrpt { • SQUIRE,SANDERS&DEMPSEY L.L.P. Two Renaissance Square CITY(OF RENTON 40 North Central Avenue,Suite 2700 SCUM LEGAL RECEIVED Phoenix,Arizona 85004-4498 SEIDERS COUNSEL Office:+1.602.528.4000 WORLDWIDE APR 0 6 200i Fax:+1.602.253.8129 DIVISION Direct Dial: +1.602.528.4037 April 5, 2001 VIA FEDERAL EXPRESS Ms. Loreen Nicolay City of Renton 1055 South Grady Way Renton, Washington 98055 Re: The Bluffs Dear Loreen: Attached please find the Declaration of Covenants, Conditions, Easements&Restrictions Applicable to The Bluffs, A Residential Community(including all Schedules) (the "Declaration"). Please note that the legal description attached to the Declaration has been revised pursuant to direction from the City. As you know, we are anxious to have the review and approval of this document expedited so that we can pull Certificates of Occupancy. Accordingly, any assistance you can provide in getting this document reviewed as quickly as possible is greatly appreciated. If you have any questions or concerns,please do not hesitate to contact me. Very truly yours, Laura K. Gra Attorney Enclosure - - vSe,r ^ Copy: Mr. Phil Pitney(w/o encl.) p ij- o 00 Afir OPV CINCINNATI•CLEVELAND•COLUMBUS•HOUSTON•JACKSONVILLE•Los ANGELES•M1AMI•NEW YORK•PALO ALTO•PHOENIX•SAN FRANCISCO•WASHINGTON DC BRATISLAVA•BRUSSELS•BUDAPEST•KYIV•LONDON•MADRID•MOSCOW•PRAGUE ALMATY•BEIJING•HONG KONG•TAIPEI•TOKYO ASSOCIATED OFFICES:DUBLIN•MILAN www.ssd.com ir Letter of Credit St IS _ Pinnacle Bluffs, Renton, Wa 1400 Lake Washington Blvd N. Current Status Date: ";413O/01 COST Committed Percentage 1,-., CODE DESCRIPTION OF EXTRA WORK Amount Complete Balance Prior Balance Current 22-300 CONSTRUCTION STAKING $ 124,498 92% $ - • $ 9,960 22-360 SOIL TESTING $. 82,589 98% $ - $ 1,652 28-020 DEMOLITION AND CLEARING $ 159,328 100% $ - $ - 28-040 GRADING $ 306,240 95% $ - $ 15,312 28-050 EROSION CONTROL $ 45,449 100% $ - $ - 28-060 STABILIZATIONS $ 191,290 100% $ - $ - 28-140 WATER METER FEES $ 33,341 100% $ - $ - 28-160 SANITARY SEWER $ 153,681 96% $ - $ 6,147 28-170 DOMESTIC WATER $ 238,750 93% $ - $ 16,713 28-180 STORM DRAINAGE $ 449,110 96% $ - $ . 17,964 28-220 SITE ELECTRICAL $ 91,079 93% $ - $ 6,376 28-400 IMPORT $ , 191,821 100% $ - $28-400 EXPORT EXPORT $ 1,084,250 100% $ - $,. - 30-020 PAVING $ 225,239 68% $ -(�$ 72,076 30-040 CONCRETE SIDEWALKS _ $ 15,763 23% $ -`- $ 12,138 30-100 CURB AND GUTTER $ 42,997 25% $ - $ 32,248 30-180 RETAINING&PLANTER WALLS-MASONRY $ 355,963 94% $ . - $ 21,358 30-190 RETAINING&PLANTER WALLS-EXCAV. ' $ 114,496 94% . $ - $ 6,870 - 30-260 STRIPING $ 6,201 23% $ - $ 4,775 30-330 FENCING,GATES,GUARDRAILS $ 15,145 78% $ - $ 3,332 30-360 NATURE TRAIL $ .45,000 25% $ - $ 33,750 34-310 SITE LIGHTING $ 116,016 58% $ - $ 48,727 IRRIGATION-Common Slopes $ 14,000 100% $ - $ - IRRIGATION-Phase 1(Bldgs FGH) $ 26,334 95% $ - $ 1,317 IRRIGATION-Phase 2a(Bldgs E,F Rec) $ 31,601 0% $ - $ 31,601 IRRIGATION-Phase 2b(Bldg C&B) $ 19,312 0% $ - $ 19,312 IRRIGATION-Phase 2c(Bldgs A) $ 10,534 0% $ - ,$ . 10,534 80-020 LANDSCAPE-Common Slopes $ 77,000 55% $ - $ 34,650 LANDSCAPE-Phase 1(Bldgs FGH) $ 69,897 33%. $ - $ 46,831 LANDSCAPE-Phase 2a(Bldgs E,F Rec) $ 83,7A 0% $ - -$ 83,754 LANDSCAPE-Phase 2b(Bldg C&B) $ 51,077 0% $ - $ 51,077 LANDSCAPE-Phase 2c(Bldgs A) $ 27,778 0% $ - .$ 27,778 TOTAL COSTS $ 4,499,533 86% $ - $ 616,250 VALUE AT 150% $ 924,374 DEVELOPER: BRE PROPERTIES,INC 400 N 34th St, Suite 200 Seattle, Wa 98103 206-547-4800 Fax 206-547-5090 Laureen Nicola-Bluffs Pro'ect Trail ation41110-• Page 1 From: Laureen Nicolay To: Betlach, Leslie Date: Friday, March 30, 2001 10:37:25 AM Subject: Bluffs Project Trail Dedication Today I sent you a copy of the draft trail easement/agreement language for your Department's review. It appears to require city maintenance of the trail as currently drafted. Let me know what you think. Once your Department is satisfied with the language, I'll send the document to Larry Warren and Property Services for review. Also, as soon as the developer provides the actual trail location map/legal description, I'll send that on to you as well. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@ci.renton.wa.us CC: Henning, Jennifer; Watts, Neil CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 22, 2001 TO: Laureen Nicolay FROM: Sonja J.Fesser SUBJECT: Draft Restrictive Covenants for The Bluffs Legal Description Review Bob Mac Onie and I have reviewed the above referenced covenant submittal and have the following comments: Our review of this most recent March 2001 submittal reveals that our previous comments, stated in a memo dated December 15,2000 and a later memo dated January 12,2001, have not been addressed to date. See the attached for copies of these memos. Further,Bob has not received any information from the developer's engineer or surveyor that indicates that the city's recommendation that the developer seek to file an Agreement to Fix Boundary Points and Lines is being pursued, as suggested in a second memo dated December 15, 2000. See the attached for another copy of this memo. \U:\SFESSER\BLUFF 10.DOC t 4 a cm City of Renton ♦ ..0 ♦ I Development Services Division NT 1055 South Grady Way, 6th Fir Renton, WA 98055 Date: 41/3/0/ TO: 1- t (12 /_' FROM: Laureen Nicolay T Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 coyer- ISUBJECT: 8 I Number of pages including cover sheet: 9— REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review ai , --ae, V -f c at'awd- i/nAzia9 667 r&u et c) need -4 Gv [0 k'i 'J .t v1L. Ahead of the curve LI ► =F L4 1eR1 L ECSUS L.tUrryT Fib Alz=; When Recorded,Return to: Office of the City Clerk o� Renton City Hall 1055 South Grady Way Renton, Washington 98055 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO THE BLUFFS,A RESIDENTIAL COMMUNITY Grantor: BRE Properties, Inc. Grantee: N/A Legal Description(abbreviated): �/� 334450 -00go („ 11) ® Additional on: Schedule 1 c. Assessor's Tax Parcel ID#: 334450-0390-06. 334450-0345-02; 052305-9072-07; —_.�.� _ 1 ,,H. s" 052305-9034-04; 052305-9036-0433j4450-0020y01; 344550-0084-07; 334450-0093-06; 334450-0375-05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1. DECLARATION • 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. Laureen Nicolay- Re: Bluffs Project Tr- edication Page 11 From: Leslie Betlach To: Laureen Nicolay Date: Monday, April 02, 2001 9:17:34 AM Subject: Re: Bluffs Project Trail Dedication Where is the trail located? I know the general vicinity. Did we request a trail easement? Years ago we did but I don't recall anything recently. Years ago we were trying for a trail system using the abandoned rail easement area. We scrapped this as the alignment went through privately owned property and we did not have sufficient funds to acquire the Kennydale Creek Open Space. In any event, if you have a plan as well. thanks Leslie >> > Laureen Nicolay 03/30/01 10:37AM > >> Today I sent you a copy of the draft trail easement/agreement language for your Department's review. It appears to require city maintenance of the trail as currently drafted. Let me know what you think. Once your Department is satisfied with the language, I'll send the document to Larry Warren and Property Services for review. Also, as soon as the developer provides the actual trail location map/legal description, I'll send that on to you as well. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@cisenton.wa.us CC: Jennifer Henning , •4..J.- c..... . 'QU11t1.,JAN1JC141 OL 1JZIVIrD.e,X L.L.u.Att Cv ,J 1! Two ,aissauce Square 40 North Central Avenue,Suite 2700 Phoenix,Arizona 85004-4498 IjI11E LEGALr S Office: +1.602.528.4000 1�11 V T COUNSEL Fax: +1.602.253.8129 DE S WORLDWIDE Preferred Fax: +1.602.253.8129 If Problems: +1. . . March 21,2001 PLEASE DELIVER THESE PAGES IM DIATELY No. of Pages (including cover 5 To: Loreen Nicolay Facsimile No: (425) 430-7300 Company: City of Renton Confirmation No: (425)430-7294 From: Laura K. Graf Direct Dial No: +1.602.528.4037 Re: The Bluffs Message: Please be advised that I have confirmed with my client that they intend to dedicate a pedestrian path instead of paying the park fee. In this regard,attached please find a Pedestrian Path Easement. The legal description and depiction of the Path Parcel will be forwarded under separate cover. Please be advised that we are forwarding this draft of the Pedestrian Path Easement to our client simultaneously with this facsimile. Accordingly,we must reserve the right to make revisions based on ' comments from our client. Thank you for your assistance with this matter. If you have any questions or concerns,please do not hesitate to contact me. cc: Mr. Phil Pitney (via facsimile w/ encL) CONFIDENTIALITY NOTICE: . The attached information is LEGALLY PRIVILEGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,please be aware that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the address above via the postal service.Thank you. Sender No.: 07570 01234.50055 S.Miranda Account No. Return to Office Job No: _ www.ssd.com os-rcic c?ft City of Renton ♦ .,u ♦ I Development Services Division '�. lvT 1055 South Grady Way, 6th Fir Renton, WA 98055 Date: 3- g- 0-1 TO: / ��;�� FROM: Laureen Nicolay 6� Senior Planner Phone: Phone: (425) 430-7294 Fax Phone: Fax Phone: (425) 430-7300 C /1'l" ! SUBJECT: I Number of pages includingcover sheet: REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review gte‘/C / It I( ,bilk' -0,(1 e,e(d(Art4-t. -AL Ite,17 - 11/-* e 11// aze sided- A 'AP daA/k4si/ g46 / re,,A\a-) COVI-eC/015/ (1(f,dia e , Dict-ek+dryn 1VL.11Lvii. Ahead of the curve SENT BY: 2-23- 1 i 12:21t'M i 1IALLAUI1CK KtININCUT-' 4GD 40U (JUU,a 1.i 0 GALLAGHER & KENNEDY A PROFESSIONAL. ASSOCIATION LAW OFFICES „. FACSIMILE TRANSMITTAL 2375 EAST CAMELBACK ROAD TO: JENNIFER HENNING PHOENIX, ARIZONA 65016-9225 COMPANY: CITY OF RENTON PHONE (602) 330-6000 FAX (802) 530-8500 FAX NUMBER: 425-430-7300 WWW.GKNET.COM VOICE NUMBER: 425-430-7286 -, FROM: LAURA GRAF G & IC G & K DIRECT LINE: 602-530-8336 DATE: FEBRUARY 23, 2001 IF YOU DID NOT RECEIVE ALL OF TP(E PAGES, OR HAVE ANY CLIENT NUMBER: 10529-0092 PROBLEMS, PLEASE CALL (602) 530-8534 NO OF PAGES: PAGES INCLUDING COVER SHEET THIS FAX WILL ❑ WILL NOT D BE MAILED - COMMENTS: - CAUTION: The Information contained in this facsimile message is confidential and Intended solely for the etc of the individual or entity named above.If the reader of this message Is not the intended recipient,or the employee or agent responsible for delivering It to the intended recipient.you are hereby notified that any dissemination,distribution,or unauthorized use of this communication Is strictly prohibited.lf you have received this facsimile In error,please notify the sender immediately by telephone,and return the facsimile to the sender at the address above via the United States Postal Service.Thank you. GALLAGHER& KENNEDY P.A. ATTORNEYS AT LAW 2575 EAST CAMELBACK ROAD PHOENIX,ARIZONA 85016-9225 LAURA K. GRAF* PHONE: (602)530-8000 DIRECT DIAL: (602) 530-8336 FAX: (602)530-8500 E-MAIL: LKG@GKNET.COM WWW.GKNET.COM *ADMITTED IN MN February 22, 2001 CITY OF RENTON VIA FEDERAL EXPRESS RECEIVED Ms. Loreen Nicolay FEB 2 3 2001 Senior Planner BUILDING DIVISION City of Renton 1055 South Grady Way Renton, Washington 98055 Re: The Bluffs Apartments; City File Nos. B990400 through B990409, and LUA89-044 Dear Loreen: Pursuant to your request, enclosed please find the revised Declaration of Covenants, Conditions, Easements &Restrictions Applicable to The Bluffs, A Residential Community(the "Declaration"). Please review the Declaration and provide me with any comments. If this form of the Declaration is acceptable, I will have it executed by Phil Pitney on behalf of BRE Properties, Inc. and returned to you. Thank you for your prompt attention to this matter. If you have any questions or concerns,please do not hesitate to contact me. Very truly yours, GALLAGHER& KENNEDY, P.A. By: LIAAA#. Laura K. Graf Enclosure cc: Ms. Jennifer Henning (w/encl. via Federal Express) Mr. Phil Pitney(w/encl. via facsimile) 906028.01/10529-0092 0 �. r CIT i OF RENTON .ai. Planning/Building/Public.Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • February 12,2001 • .. • Phillip C. Pitney Development Director BRE Properties, Inc. 400 North 34th Street' Seattle,WA 98103 .Subject: Land-Use.Permit Requirements prior to Occupancy,.of'The Bluffs'Apartments,.City.File Numbers: . B990400 through B990409, B000334, and LUA89-044 Dear Mr. Pitney: I understand that you anticipate obtaining occupancy permits for"The°Bluffs:' project in'May.. In order for the City . • to enable you to accomplish this goal, we'need a nurriber:of surety devices and draft documents as soon as possible. The outstanding items are described intf e:City's,attacl ed letters dated1-15-2001-, 12-18-2000, 12-1- 2000, and 11-8-2000 as well as the.attached Mitigation'DocumentAand the Hearing;Examiner Report and Decision. It would be to your advantage to submit,these'documentsrtems as soon.as possible for:City review in order to assure that there is time for City review, any:corrections which needto'be made to the documents,and recording by the City. If you have further questions, please contact Laureen=Nicolay,af425-430.-7294. • Sincerely, 1V I . J. . Neil Watts, Director -Development Services Division cc: File-#LUA89-044(B) Building Files Larry Meckling, Building Official Laura Graf Galagher&Kennedy _ 2575 East Camelback Phoenix,AZ 85016 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer '. ,641, .. CIT OF RENTON ..LL • Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 15,2001 Philip C. Pitney Development Director BRE Properties, Inc. 400 North 34th Street Seattle,WA 98103 - Subject: Additional Changes to Legal Description for'The Bluffs'Apartments,City File Numbers: B990400 through B990409, B000334, and LUA89-044 • Dear Mr. Pitney: • Attached is a memo provided by the City's Property Services Section evaluating the property legal description subsequent to the recording of a recent lot line adjustment involving the property. Please revise the,portion of the property legal description relating to Parcel C to reflect the boundary line changes pursuant to the attached memo from Property Services. Please have your engineer contact Bob Mac OnieofProperty;Services'(425-430-7369)directly if he has any questions regarding the changes needed to the,legal description. Once thelegal description issues resolved,please re-submit the revised legal description to my attention. In addition,we are still waiting to receive quite a".number of documents required as conditions of The Bluffs project approval. Attached are my previous letters addressing the outstanding items that must be completed issuance of any Occupancy Permits. These items need to be reviewed by a number of City staff-persons so this will likely require a considerable amount of processing time. Please submit the necessa .'ems as soon as possible to avoid delaying the project's occupancy. Thank you. Sincerely, rk0:7%-- Laureen Nicolay Senior Planner cc: File#LUA89-044(B) Building.File Larry Meckling, Building Official .Neil Watts, Development Services Division Director Jennifer Henning, Principal Planner Bob Mac Onie, Property Services Kayren Kittrick, Plan Review Supervisor • 1055 South Grady Way-Renton,Washington 98055 0 This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 12,2001 TO: Laureen Nicolay FROM: Sonja J. Fesser SUBJECT: Draft Restrictive Covenants for The Bluffs Legal Description Review Bob Mac Onie and I have completed a second review of the above referenced covenant document legal descriptions and have the following comments: Comments for the Applicant: The recent recording of City of Renton Lot Line Adjustment No. 00-093 under King County Rec. No. 20001018900004 creates a need for a revision to be made in the legal description for"Parcel C", as noted in the subject restrictive covenant document. See the attachment for our suggested revisions to the"Parcel C" legal description. • . . . . . ' . ...,., - • • .-........' _ .. . .. . . . ....,_ •-.•.. •.. . •• , . . . . . . , . . ,• , . . : ", ' . . . . • •• . . , . . . . . • - . . , . . . . . .:.i'.. '...-. • • . . • , . . . . . . .. • . , . i ' • • , . • • ' ... . • . , . _- . •- . . . . . . . . , . , - . , • .• ..- • . . • . . . .. . v - . . . . ... _ • • . .., . . , - • . . . . . . . . . •. , . . •. . .. ,. • . . . . ,:. ., • .. . , . • . . . . . '.- _.• ., ' • . . . . . . , 1 . ' • ' ' . . . • , . , . . . ' • . • , . . . '- — z.,-tre.1,7-'4Pi.,',,."7•77; . . .. IOAVatttV4 '•Ult,-51.41Ti"ItM:4, . . • • ' , . . • . . PT - TRACTS 3451VHP1M4., AS SAID PROPERTY IS DEPILT4D ON KING COUNTY SURVEY RECORDED- .M ' UNDER RECORDING NUMBER 8506249011 AND DESCRIBED BY KING COUNTY BOUNDARY LINE AGREEMENT RECORDED UNDER RECORDING NUMBER 8506240829, C. D. HILLMAN'S LAKE [f: , WASHINGTON GARDEN OF EDEa DIVISION NUMBER 5, ACCORDING TO THE PLAT THEREOF, 2t, rs, RECORDED IN VOLUME 11 OF PLATS, PAGE 83, IN KING COUNTY, WASHINGTON; •-.„ P V.4 • . TOGETHER WITH THAT PORTION OF VACATED 104TH-AMIUB SOUTHEAST (LAKE VIEW BOULEVARD) VACATED BY THE CITY OF RENTON.UNDER ORDINANCE NUMBER 4029, AS RECORDED - UNDER RECORDING NUMBER 8612031457, THAT WOULD ATTACH THERETO BY OPERATION OF LAW, . AS SAID PROPERTY IS DEPICTED ON KING COUNTY SURVEY RECORDED UNDER RECORDING NUMBER 8506249011 AND DESCRIBED BY KING COUNTY BOUNDARY LINE AGREEMENT RECORDED UNDER RECORDING NUMBER 8506240829; • ... -r-F?Ac-r 34 O SAID -P1--,67zr ) Arniu-c2 .-D. A., r,' '--3, -1-CF.-:"1-.4 4--ii— -•'=i \INI.ITH-A1=>A1:=3 e"- -',L j ,.-#a-JR c - i.s: rrYc3r REL./411544 L.4,-i- LIL.11 . • 1.-.9- Uo, J-LJA - --LLA ) As IR i= c,,Ii--.-L.) U1-111 . ;•-ei I 1-1 -00LA-r-nr 1=3 -C. QC , • ......._ _.. . _ . TOCETHER WITH THOSE PORTIONS, R OF LAKE VIEW BOULEVARD .(104TH _-- A CITY OF RENTON UNDER 0 4834 THAT TO- Bi OPERATION . . . . . . . - • • . . . . • . . . . . . . • • . . . .. • •-• . . . . . .'.- . . _ . . . . ' . ... . . . . . . . . . . . . • . . . • ' ..- 03), CIT! OF RENTON NA IN& Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator CITY OF RENTON • December 18, 2000 DEC 1 8 2000 RECEIVED CITY CLERK'S OFFICE Phillip C. Pitney Development Director BRE Properties, Inc. 400 North 34th Street Seattle, WA 98103 Subject: Property Boundary of'The Bluffs'Apartments, City File Numbers: B990400 through B990409, B000334, and LUA89-044 Dear Mr. Pitney: Attached are two memos provided by the City's Property Services Section evaluating the property legal description for your project. The issues raised by the Property Services Section will need to be addressed prior to recording of your required covenants and issuance of any Occupancy Permits. Please have your engineer contact Bob Mac Onie of Property Services (425-430-7369) directly. Once the property boundary and legal description issues are resolved, please re-submit the revised legal description to my attention. Thank you. Sincerely, Laureen Nicolay Senior Planner cc: File#LUA89-044(B) Building File Larry Meckling Neil Watts Jennifer Henning Bob Mac Onie Kayren Kittrick 1055 South Grady Way-Renton,Washington 98055 • This paper contains 50%recycled material,20%post consumer • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15,2000 TO: Laureen Nicolay FROM: Sonja J. Fesser )1 SUBJECT: Draft Restrictive Covenants for The Bluffs Legal Description Review Bob Mac Onie and I have reviewed the above referenced legal description and have the following comments: The legal description for" Parcel A" does not include an exception for I-405, although a small portion of"Parcel A"does appear to be included in the I-405 right-of-way. The King County Assessor's Map notes a small portion of Tract 323 of C.D. Hillman's Lake Washington Garden of Eden Div. 5 (Tax Lot No. 334450-0101) located between the east line of Tract"E"of"The Bluffs"project(Tax Lot No. 052305-9034)and the west right-of-way margin of I-405 in Government Lot 3 of Section 5,Township 23 North, Range 5 East, W.M. This parcel does not appear to be part of"The Bluffs"project. In addition,there may be a very small parcel between the east line of Tract"F"(Tax Lot No. 052305-9036)and the west right-of-way margin of I-405 that is not part of"The Bluffs." Do these parcels exist on the ground?If they do,what effect do they have on this project? What is the terminus of the northernmost portion of vacated Lake View Boulevard that attaches "by operation of law"to Parcel"J"(Tract 348 of C.D. Hillman's Lake Washington Garden of Eden Div. 5)? Has the developer taken into account the fact that a similar portion also attaches to Tract 347 of said plat? \U:\SFESSER\BLUFFS8.DOC CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 12/15/2000 TO: Kayren Kittrick FROM: Bob Mac Onie x7369 l\ -) SUBJECT: Property Boundary of the Bluffs Development Issue The site plans for The Bluffs includes property belonging to an adjoiner: specifically that portion of vacated Lake View Boulevard, which should be split equally between underlying tracts 347 and 348 of C.D. Hillman's Lake Washington Garden of Eden Division Number 5. Currently the site plan maps for this project do not show an equitable apportionment of the vacated right-of- way. Recommendation The City should insist that the developer seek to file an Agreement to Fix Boundary Points and Lines as defined under RCW 58.04 prior to the issuance of a Certificate of Occupancy. This action would resolve any potential boundary dispute without further involvement of the City. Otherwise, as the permitting authority for this project, the City could become embroiled in just such a dispute. Background A recent review of the legal descriptions attached to the Restrictive Covenants for the Bluffs project revealed a problem with the project's property boundaries. The project site includes portions of the recently vacated Lake View Boulevard. The aforementioned legal descriptions used the phrase "that would attach thereto by operation of law" with respect to the vacated right- of-way. In Washington State, the courts have ruled, "the lateral lines of all lots should be extended in straight lines to the center of the street." State of Washington ex rel. Patterson v. Superior Court, 102 Wn. at 342. This ruling has been modified in situations where it yields inequitable results; something only the courts can determine. Thus leaving the handling of the apportionment of vacated rights-of-way in an ambiguous state. I have discussed this with Bruce Dodds the developer's engineer and he is in agreement that there is a problem and will be talking to the owner and the surveyor about seeking the remedy suggested. cc: David Christensen Larry Warren Laureen Nicolay Bruce Dodds I-l:\F I LE.S Y S\P R M\11\0002\R V 00 1215.do c\rtmo j CITY"OF RENTON Planning/Building/Public Works Department • Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • • • December 1,'2000 • Philip C. Pitney . Development Director BRE Properties,Inc. 400 North 34th Street . Seattle,WA 98103 • Subject: Land-Use Permit Requirements prior to Occupancy of'The Bluffs'Apartments,City File Numbers: B990400 through B990409,B000334,and LUA89-044 - Dear Mr.Pitney: . On November 22nd I received a second copy of the greenbelt-related covenants(required by Hearing Examiner Condition#7)you originally sent to the City in June. This covenant was dated June 15,2000 and no changes have been made since our last review. These greenbelt covenants do not address the issues raised in my June 20,2000 fax to you(copy attached). These changes will need to be made prior to forwarding a final version of the draft covenants to the City Attorney for final approval. V We have not yet received any of the other required covenants yet. In addition to the greenbelt covenant,there are four additional covenant requirements still to be provided to the City: 1) Landscape Maintenance Covenant required by Hearing Examiner Condition#8; 2) Recreational Use Covenants required by Hearing Examiner Condition#10; 3) Facilities Maintenance/Homeowners Association Covenants required by Hearing Examiner Condition#14;and 4) Covenants limiting the density and height per the recorded'Property Use and Development Agreement'. . Also,surety devices as required by Hearing Examiner Conditions#9 and#17 have not yet been provided. Lastly,in order to avoid payment of the balance of the park mitigation fee,a draft trail easement allowing public access V . must be submitted to the City and approved prior to recording. Please review the Hearing Examiner conditions of project approval and the recorded Property Use.and Development Agreement(both enclosed with my letter of November 8th)to ensure that you have complied with all outstanding conditions. To ensure occupancy permits are not delayed, please provide the draft documents to me at your earliest convenience. Thank you. Sincerely, Laureen Nicolay Senior Planner cc: File#LUA89-044(B) Building File • V Larry Meckling . Neil Watts • Jennifer Henning • • - 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer , - V • BRE Properties,Inc. 400 North 34th Street,Suite 200 Telephone: 206. 547.4800 K Seattle,Washington 98103 Facsimile: 206. 547.5090 PROPERTIES November 17, 2000 CITY OF PIENTON RECEIVED Laureen Nicolay NOV 2 0 2000 Senior Planner City of Renton BUILDING DIVISION 1055 South Grady Way Renton,Washington 98055 Dear Ms. Nicloay: Enclosed is an executed copy of the revised Declaration of Covenants, Easements& Restrictions applicable to The Bluffs. Regarding the park fee, it was previously agreed that we would pay either the park impact fee that has recently been established or install the pedestrian path between the two parts of the project. At this time we electing to install the trail and that is reflected in this document. This can be confirmed with Janna Hanson. Please contact me if you have any questions. Sincerely, Phillip C. Pitney Development Director BRE Properties, Inc. 1i !/6 l' When Recorded, Return to: GALLAGHER &KENNEDY, P.A. VL 2575 East Camelback Road Phoenix, Arizona 85016-9225 Attn: Scott K. Henderson, Esq. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO THE BLUFFS,A RESIDENTIAL COMMUNITY Grantor: BRE Properties, Inc. Grantee: N/A Legal Description (abbreviated): ® Additional on: Schedule 1 Assessor's Tax Parcel ID #: 334450-0390-06; 334450-0345-02; 052305-9072-07; 052305- 9034-04; 052305-9036-02; 334450-0020-01; 334450-0084-07; 334450-0093-06; 334450-0375- 05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1. DECLARATION 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. _ CIT OF RENTON . . . Planning/Building/Public:Works Department • Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator . - • • ` November 8,2000 . • • Phillip C. Pitney • • Development Director BRE Properties, Inc. 400 North 34th Street Seattle,WA 98103 . Subject: Land-Use Permit Requirements prior to Occupancy of'The Bluffs'Apartments,City.File Numbers: • B990400 through B990409,B000334,and LUA89-044 Dear Mr. Pitney: . • This letter is sent as a courtesy to apprise you of a number of outstanding Land Use Permit requirements that will need to be resolved in order to get a temporary or permanent certificate of occupancy. I have attached a copy of the Hearing Examiner's January 12, 1993 conditions of project approval,the Examiner's February 6, 1993 revised ' decision,a copy of the recorded"Property Use'and Development Agreement"(#9904141167)which lists several requirements,and a December 14, 1999 letter to the City from Legacy Partners explaining the methods by which the project will comply with the Mitigation Document and indicating an outstanding Park Mitigation Fee balance(total paid to date is$5,317.65). I have also attached former Project Planner Peter Rosen's summary of the outstanding items. . . Since Development Services staff does not have the authority to alter any of the project conditions placed by the Examiner or the Mitigation Document,you will need to comply with all outstanding requirements and pay any outstanding fees(e.g. Park Mitigation Fee balance)listed in these documents prior to Occupancy Permit issuance. • In order to avoid delaying building occupancy,you should begin working towards satisfaction of these various conditions as soon as possible. It is especially important to submit the draft covenants as early as possible since covenants need to be reviewed by several City Departments. As Peter Rosen is no longer with the City, please submit the draft covenants directly to me. You should allow a minimum of 30 days for processing,any necessary revisions,-arid recording. This letter addresses only the Land Use Permit issues. You will also be notified of any Building or Public Works Section requirements at the time you request your Occupancy Permit. If you have any questions regarding this letter,please contact me at 425-430-7294. Sincerely, aureen Nicolay Senior Planner cc: File#LUA89-044(B) • - • Building File Larry Meckling. Neil Watts Jennifer Henning • 1055 South Grady Way-Renton,Washington.98055 ®This paper contains 50 k recycled material,20 k post consumer • {Laureen Nicofay—Re: Bluffs Covenant Pa mm �_— gel} From: Laureen Nicolay Henning, Jennifer Subject: Re: Bluffs Covenants The covenants were required for'greenbelt area' protection. This was separate from the trail vs fee issue. Larry Warren has not approved the covenants yet either. Can you have a look at them sometime and let me know what to do now the building permits have all been issued? Thanks! • >>>Jennifer Henning 09/24/00 09:53AM >>> Jana spoke with Phil regarding the covenants before she left. My recollection is that they were considering paying the Parks Mit Fee afterall, rather than record the covenants for the trail. I'll need to look at a-copy of these to see what other issues there are. Thanks. Lnureen Nicolay-B1uifs Covenanl- mm Page 1 i From: Laureen Nicolay To: Henning, Jennifer Subject: Bluffs Covenants Jen, In cleaning up my counters today, I came across draft covenants for the Bluffs that we had a number of problems with. I faxed comments to Phil Pitney in July and have heard nothing back, but the building permits seem to be issued already . . . Know anything about what's going on with the covenants? • OS' V4 City of HellioN + ♦ Development Services Division 1055 South Grady Way, 6th Fir V . .N10 Renton,WA 98055 Date: 6 .2D • Gb TO ph/ll ip C, 1//7 ., FROM: Laureen Nicolay °G • •Ae7r-9es, 46, Senior Planner Phone: av& Sys_ woo Phone: (425) 430-7294 Fax Phone: 7_ • 0 Fax Phone: (425) 430-7300 • �eSir/C7' Le 60L1 n air ?i) . ' SUBJECT: ,kyme /3l u-�{c I Number of pages Including cover sheet: 5 REMARKS: ❑ Original to 0 Urgent Reply ❑ Please ❑ For your be mailed ASAP Comment review rie246 7JGz •11-t A.Q fuelyK l ('Gf ) O,/kvt rgieurrl arrai4 ce . . fara) i/iCL M4:r.e . art a.i- Pc. ..)-). T1Cn 1- - .uv.rica- ec:v Remitizei vacaufrt- trikAt / Z a -1341-tlifeyri —.. Ahead of the curve _ - When Recor ed,Re • to:. GALLAGHER : NNEDY;P.A. . .. . WHEN RECORDED RETURN 2575 East C. •e •ack Road °ifi CitY Hall Clerk Phoenix, • : ona 5016-9225 l 1 055 South Grady Way Attn: Sc• t K. Hen erson,Esq.q \,,..Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS,EASEMENTS &RESTRICTIONS APPLICABLE tO THE BLUFFS,A RESIDENTIAL COMMUNITY. . Grantor: BRE Properties, Inc. Grantee: N/A Legal Description(abbreviated): - ® Additional on: Schedule 1 Assessor's Tax Parcel ID#: 334450-0390-06; 334450-0345-02; 052305-9072-07; 052305- 9034-04; 052305-9036-02; 334450-0020-01; 334450-0084-07; 334450-0093-06; 334450-0375- 05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1:' DECLARATION 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation,which is the owner of all that certain real property located in the.City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The-Bluffs") and more particularly described on-SCHEDULE-1, attached hereto - - - and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions-and restrictions to guide the design,development and use of The Bluffs. - . 1.3 Owner hereby declares that all of the real property within The. Bluffs shall.be held, sold, leased, used and conveyed subject to the covenants, conditions, restrictions, - . easements, reservations, charges and liens set forth in this Declaration (hereinafter collectively referred to as"Covenants"). The Covenants shall inure to the benefit of and shall burden the real property within The Bluffs and shall run with the land and shall apply to and be binding upon all parties now or hereafter having or acquiring any right, title, or interest in the real property within The Bluffs or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity. ARTICLE 2. PURPOSE AND INTENT 2.1 These Covenants are adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers,users, and lessees of real property within The Bluffs. The Covenants are intended to protect the value of the property within The Bluffs and to ensure that the property will be developed, used, occupied and improved in compliance with the Permit Approvals. 2.2 The purpose of the guidelines and criteria set forth in the Covenants contained in this Declaration is (1) to ensure the preservation and protection of the Greenbelt Areas on the Property; (2)to provide for joint use by all residents in The Bluffs of the Recreational Amenities; and (3) to ensure that building exteriors, common facilities and landscaping are properly maintained and repaired. ARTICLE 3. DEFINITIONS 3.1 "BUILDING(S)" means any building or improvements constructed on the Property. 3.2 "COMMON FACILITIES" means those common recreational facilities located on the Property (such as pool and game room). as may be designated from time to time by Owner. 3.3 "COVENANTS" means this Declaration of Covenants, Conditions, Easements and Restrictions Applicable to The Bluffs and all covenants, conditions, easements and restrictions contained herein. 3.4 "GREENBELT" means that certain portion of the Property identified as • greenbelt/steep slope area and cross-hatched on the site plan attached hereto as SCHEDULE 3. 3.5 "PERMIT APPROVAL/PERMIT APPROVALS" means those certain City of Renton permits and governmental approvals applicable to and imposed upon development within The Bluffs. 3.6 "OWNER" means BRE Properties, Inc., a Maryland corporation, and its successors and assigns. In the event that Owner sells, conveys, transfers or assigns its interest as 2 Owner under these Covenants, Owner shall thereafter have no further obligation under this Declaration. - 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as . SCHEDULE 2. 3.9 "PEDESTRIAN PATH" means that certain real property legally described in SCHEDULE 4 attached hereto. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. The Owner may from time to time establish reasonable rules governing the time and manner of use of the Common Facilities, including limitations or prohibitions on use of the Common Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. • ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landscaped areas will be kept free of trash, litter,waste, and weeds. 3 • ARTICLE 6. MAINTENANCE REQUIREMENTS • 6.1 REGULAR MAINTENANCE REQUIRED. The maintenance, upkeep, and repair of the Buildings, the Common Facilities:and .the Pedestrian Path shall be.the:sole responsibility of the Owner. ,The Owner shall keep the Buildings,the Common Facilities and the Pedestrian Path,including but not limited to recreation areas, parking and pedestrian'areas, and all Building exteriors,in a good state of repair and in a safe, clean,neat and sanitary condition at all times. The Owner shall clean,maintain and repair all exterior walls and roofs of all Buildings . on the Property. Owner shall replace, at Owner's expense, any glass or windows or doors that may become cracked or broken, and shall repaint, repair or otherwise restore the "exterior shell" of any Building within a reasonable time _after Owner receives notice that such.painting or restoration is warranted. ARTICLE 7. GREENBELT RESTRICTIONS 7.1 PROHIBITED USES. stxu � Except as�ermi e m Section 7.2 below, the following uses and practices in the Greenbelt shall be prohibited: . 7.1.1. The placement, installation or construction of any buildings, structures, or , —other improvements of any kind(including,without limitation,fe) s,roads, and parking lots). . ;? ` _ 7.1.2 The installation of any utility system or component or item of such a system including, without limitation, water, sewer, drainfield, electrical power, fuel or communications, except as required by applicable law. 7.1.3 Logging,pruning, or cutting of any timber, shrubs, grasses or other flora. 7.1.4 Any residential, agricultural, commercial or industrial use of, or activity on,the Greenbelt. 7.1.5 Construction of any roads,trails,or paths for vehicular use. 7.1 6 The grading or other alteration of the terrain and existing landforms of the Greenbelt, including, without limitation, the excavation or removal of soil, sand, gravel,:rock, peat or sod, except as may be required in the course of any activity permitted herein. 7.1.7 ,Paving of any surface on the Greenbelt. _ k --13iatz130setteetien Restrictionsimposet upon all present and future owners and occupiers of the tncrin mat Protection Area an obligation to leave undisturbed all trees and other vegetation within the Protection Area. The vegetation within the Protection Area may not be cut,pruned,covered by fill,removed or damaged without express written permission from the City of Renton. The Protection Restriction shall run with the land and shall be binding on all present and future owners and occupiers of theme Area.e �i e+tkeie 4 ;_. '•B - _ _• •.-..v.�.-+-�...-_any `� -_.._�-.�-..�.� `�\ - - O 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: ,:..•7.2.1: tTo construct,-use, maintain, repair and reconstruct other improvements as necessary to maintain,preserve, and enjoy the wildlife values of the Greenbelt. - 7.2.2 To eradicate or "control non-native invasive species present on the Greenbelt. G ' - buff t-, e express ticl a `0-�'l°i9r r , ,an, s s c 7.2.� To Cc�/-.or prowy-e . --• shrubs, grasses,�or o er ora necessary to preserve the natural'habitat of the Greenbelt, to prevent slide hazards, to protect public healthor. safety, or as actively required,by and subject to compulsion of any governmental agency with authority to require such activity and use. . omit ehgx/rss wn act, app:vru€ . C& of ,ten-07� 7.2.4 To undertake other activities necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the Greenbelt or adjacent public or private property, or which are actively required by and subject to compulsion of any governmental agency with authority to require such activity and use. , 7.2.5 . To remove any wastes,refuse,or other debris from the Greenbelt. rtotik -fitk yy ,..:.apl GI-Ofd ' 7.2.6 _ To construct fences and other security_measures:. . 7.2.7 To construct, maintain and operate private trails for use by residents of The Bluffs,their guests and invitees. ' Nothing herein shall be construed to impose any obligation on Owner to conduct any of the foregoing activities. 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 7.3.1 Owner shall notify the City prior to undertaking certain permitted activities or uses as provided in Section 7 herein, except that such notice is not required where Owner cannot reach the City and must undertake emergency action to prevent,abate, or mitigate significant::injury to persons, the Greenbelt, or abutting properties: The purpose:.of such notification is to afford the City an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purpose of this Declaration. Whenever notice is required, Owner shall notify the City in writing not less than ten (10) days prior to the date Owner intends to undertake the activity or use in question. The notice shall describe the nature, scope,design, location, and timetable of the proposed activity.' ARTICLE 8.- DURATION AND AMENDMENT OF COVENANTS 8.1 DURATION OF COVENANTS. These Covenants shall be perpetual. 5 8.2 AMENDMENT. This Declaration and any or all of its provisions may be amended only in a written,recorded amendment executed by the Owner and the City of Renton. - ARTICLE 9. NOTICES All notices given under the provisions of these Covenants shall be in writing and may be delivered either personally or by mail. If delivery is made by mail the notice shall be deemed to have been delivered upon being deposited in the United States mail, first,class, postage prepaid, addressed to the person entitled to such notice at the address set forth below. Mailing addresses may be changed by notice in writing. If to Owner: BRE Properties, Inc. 400 North 34th Street,Suite 200 Seattle, Washington 98103 Attn: Mr. Phil Pitney If to City: City of Renton 1055 South Grady Way, 6th Floor Renton,Washington 78055 Attn: Jana Hanson ARTICLE 10. PEDESTRIAN PATH Owner hereby dedicates a perpetual, non-exclusive easement to the public for 'the sole purposes of pedestrian access,ingress and egress over,upon and across the Pedestrian Path. ARTICLE 11. MISCELLANEOUS 11.1 ACCEPTANCE OF PROVISIONS BY GRANTEE(S). Each grantee of any part or portion of or interest in The Bluffs, and any lessee under any lease covering any part or portion of or interest in The Bluffs shall accept the same subject to all of the restrictions, conditions, covenants, reservations, easements, liens and charges set forth in these Covenants; and by such acceptance for itself, its heirs, personal representatives, successors and assigns, agrees with Owner and with the grantee(s) and subsequent Owners of any.part or portion of or interest in The Bluffs to keep, observe and comply with these Covenants, and to perform all . obligations on its part thereunder. 11.2 CONSTRUCTION. The provisions of these Covenants shall be construed to effectuate the purpose and intent of these Covenants set forth in Article 2. 11.3 SEVERABILITY. If any provision of this Declaration shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction for any reason, the validity of all other provisions, covenants, conditions, and restrictions shall not be affected and shall remain in full force and effect. 6 • --L11.4 . SUCCESSORS AND ASSIGNS. This Declaration and the Covenants contained herein shall inure to the benefit of and be binding upon the heirs, personal representatives, z grantee(s), lessees, successors and assigns of the Owner. In the event The.Bluffs is at any time converted to condominium form of ownership, Owner may assign its obligations under this Declaration to the owners' association established in connection with such condominium, and thereafter.Owner shall be relieved of any obligations hereunder: 11.5 NOT A PUBLIC DEDICATION. Except as specifically provided in Article 10 hereof,nothing herein contained shall be.deemed to be a gift or dedication of any portion of The • Bluffs to the general public or for the general public or for any public purpose whatsoever, it being the intention of Owner that this Declaration shall be strictly limited to and for the purposes herein expressed. The Owner shall have the right to close the Common Facilities and Greenbelt at such reasonable times as to prevent a dedication for a public purpose. 11.6 CHOICE OF LAW. This Declaration shall be governed by the laws of the State of Washington. 11.7 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Declaration shall be construed to render any third party a beneficiary to this Declaration or the Covenants contained herein,nor grant any such third party any rights or remedies under this Declaration. il.fl eil/fOcc- -nektr SCHEDULE 1- LEGAL DESCRIPTION OF PROPERTY SCHEDULE 2 THE BLUFFS SITE PLAN SCHEDULE 3 GREENBELT DESCRIPTION SCHEDULE 4 PEDESTRIAN PATH DESCR IPTION • • B1tE:PROPERTIES, INC:, .. . . . a Maryland corporation . 1 By / i Name: .117AVAI ��.� � -�% -/AnY- violation-or b.- reach of these restrictive covenants may be owner. ��,�,... _. _ • � �� �.--_� y� by either t enforced by . . . - . � he City of Renton or a adversely affected b any property Y said breach. STATE OF WASHINGTON ) s s. - - COUNTY OF KING ) On this personally ape ed before l I I e Q I,p i , to me known to be the (i?I0Q IYI� rechof ( , the Washington PC),V CA that executed the foregoing instrument, and acknowledged such instrument td be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 15 day odA/ , 2000. 9 4 Notary Public mrnf rrc, State of Washington , II Printed Name ( C i C(Ct 1•1 Nl TRIcU M.MCDONALD NOTARY PUBLIC in • • for t e S •to o 7 tutyAppointrnentE�iresl1pr21;2ooct M ,. . Washington, residing.at fft I wN My Commission Expires 11S.31ErM 10529-0093/826520.02 • . . • • . . . . . . . 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' •"?'":"Ca .;• .. . .,,,. . ...t.• 1-.•• u. ' • - . . s: ik•viA•.'s \ i -- atitTerfal•. • . . . 6.W.• :- '''• • • . \I 4 4111157......""..•••••••••••.......!Iik,a.p..1.0•. • • . • •In.,.‘•••....•.. • 'thor9'OW. X•r••is .:'•4:.••1 ..'e •.• N .....4s.%.%e•2.•....•7'*:'•.vW.le•0t 2••:5 002.2• *E2•EM-U. . • - _ • . .. . • • . . • • • • • %,.... . • . . ,.. . •• . . . . •• • • - . . . . • - • .• • .. . . .. . • • . . ' . ' . • • . . ' • • . , . . - • • . . . • • SCHEDULE 3 GREENBELT DESCRIPTION Schedule 3 I . • • • . '( '. . S j76'35 E sOUTN LINE TRACT 333 \� N 5 - " v-. .._., 125' . I 1 i • 44.# . . 4.O.4041 . I I . . . - 44 . T.R 33 1 .•h � � i . • 2 #44,rR -1 r 4 . . sr* I I . • `� �• ` 4 . TR 33* � . 1 • - ....)..\\##114.7 NN ci1 to A H'•TER -11117 I I "71O o .1031 r • . ill c Z 3 . • . to_ - itt CENT$R UNE OF `--'' ' PARCEL "C" [SWATEREASEM&VT /F 87021e0424 Atop • 1 L 7 .... 125 1 {• 0 180' I 0.FOUND 1/2"REBARQ' , •".6 Wr0.2N FND R/!4' • • (7/94) I le • SI) ' Iy �8.64 _ ____, - L 1 p�-th T • _ ,) r fft.. . A I 1_ .Txd A 2�� \,� S „ �,23E ��, . t Lo • - - . N86:31: ,�3� - . �`,\, �9. -a - 298.4/ 100' DRAINAGE24'C PE • 1 -- --____--- ��-ALE OUTFALL i7 .tir .- TP 7/1•4 ® 1 0 1 SCHEDULE 4 PEDESTRIAN PATH DESCRIPTION A 30 foot wide path as constructed across the following described land: Tracts 344, 345, and 346, C.D. Hillmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats,page 83,records of King County, Washington; TOGETHER WITH those portions of vacated Lake View Boulevard which attach thereto by operation of law. AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right-of-way being a strip of land 200 feet wide bounded on the north by the easterly production of the south line of NE 20`h. Street (SE 104th Street) and bounded on the south by the westerly production of the south line of Tract 323 of said plat of C.D. Hillmans Lake Washington Garden of Eden, Division No. 5. • Schedule 4 I . CITY OF RENT ON . , . • Review •Comments Permit Number B990400 BLUFFS BLDG #A lteni - - • - • • • . -- • • . . • • . , " •, ; - , -• ••- • • • . •. - " •-• • PLANNING COMMENTS: PETER ROSEN 425-430-7219 • . 1.• THE APPLICANT SHALL RECORD COVENANTS AS REQUIRED IN SITE • • PLAN CONDITIONS #7, 8, lb, • AND 14. THE COVENANTS REQUIRE APPROVAL OF THE DEVELOPMENT SERVICES •DIVISION AND CITY• • ATTORNEY PRIOR TO RECORDING. 2 . THE APPLICANT SHALL POST A SURETY DEVICE FOR LANDSCAPING (SITE PLAN CONDITION 9) AND FOR• STREET CLEANING • (SITE PLAN CONDITION #17) . • • • 3 . THE APPLICANT SHALL EITHER PROVIDE A TRAIL EASEMENT ACROSS THE S ITE OR PAY A PARK MITIGATION FEE OF $180 PER • UN . (SITE C isTD 'IO #16) dki 1-• 4. SIT REP TI SITE INGeNT22; )isZ3\ALL P' PO 10 THE TE S BE • MPL ED RIOR • 0 '?tf' - ILDING ERMIT IT P ITIO 1 ) . E L CANT PO A 0 OR 0 H AS C 4;9 NA RO Y. THE C ATTO ,• TO STOR THE S E TO CO ITION DEVELO NT •OF HE S TE I IN ED ,A AFTE ANY G IN .OR VEGET I. .REMO Q CURR . . ( .TE . • V • • NDITIO 22:) - . • . , • . • • • . . • • • • . 6. rTHE 'APPLICANT •SHALL EXECUTE -COVENANT THAT ESTABLISHES "• : - THE OVERALL PROJECT DENSITY AT NO MORE THAN 8.1 DWELLING UNITS PER ACRE (MAXIMUM 180 UNITS) AND .THAT 'ESTABLISHES THE OVERALL PROJECT HEIGHT -AT 50 FEET AS SHOWN IN THE APPROVED SITE PLAN AND EXHIBITS TO THE HEARING EXAMINER'S DECISION. . . , . . . . • ,, • , , • . • . : . . . • • •• . • •• _ - . • , " • - . ;*:. • • •' • • • • ' • • • • • • • •• :• • • '• BD3204d 10/93 drt • 3/464RIN 0e CON'Praor.ls Colin Quinn G -/MD : ()SF -APP WIA� R;SA-044-89" • January,12, 1993 Page 15 :.. • • .5. The applicant shall abide by all Site Plan Approval Conditions listed below. DECISION: 'The Site Plan is approved subject to the following conditions: 6. The applicant shall comply with all conditions found in the Mitigation Document established by the Environmental Review Committee and published on October 9, 1992. The applicant shall comply with all of the conditions that are determined by the City to be necessary prior to the issuance of any Construction, Grading License, or Building Permits. 7. Greenbelt/Steep Slope Covenants: The applicant shall._ex ecute_cov_enants running with - the land that set aside and protect all undisturbed steep slope/greenbelt areas. These areas are to remain in their natural state except for trails which may be located through the area. The covenants shall be approved by the Development Services Division and City Attorney prior to the issuance of any Construction or Building Permits. r ;y CIT. OF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren" DEVELOPMENT PLANNING MEMORANDUM CITY OF RENTON JUN 14 2000 To: Jennifer Toth Henning RECEIVED From: Lawrence J. Warren, City Attorney Date:V • June 13, 2000 " Subject: . Restrictive Covenants for The Bluffs V . (File No. LUA-89-044, SA) - V , • ', I do not believe that Article 7 is a covenant running with the land as.required by Condition 7. Article 7 also allows many activities not expressly allowed by'Condition 7. Condition 8 is V required by City ordinance so need not be included in the covenants. ' • V cl,t Lawrence J. arren • • LJW:as. • cc: Jay Covington V • . A8:174.44. " • • • • • • Post Office Box 626 - 100 S. 2nd Street - Renton, Washington-98057 - (425)255-8678 •,5 This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 06/10/00 TO: Jana Hanson FROM: Jennifer Henning SUBJECT: The Bluffs--Status Jana—the CC&R's look fine to me—with a couple of exceptions, one that I believe is covered by Code. Fred Kaufman required that a covenant be recorded that covered the replacement of dead or damaged landscape plant materials.,.The CC&R's don't specifically say this—they say that the _applicant will keep materials healthy and maintained. However, Code requires replacement of dead/dying plant materials. Do you think that this is okay? Or,does Fred's specific condition need to be met? Second, Condition No. 16 required a public path/trail or a Parks Mitigation Fee. Do you know if the applicant opted to pay the mitigation fee? The CC&R's make it clear that any trails are private. Finally,Peter had conditions regarding a raised sidewalk and signage----I need to see what the building plan set looks like to sign off on these. I'll check with Jan on Monday. ryt0.1 FV oG I have a packet ready to go to Larry Warren for review as to legal form. The packet is attached to this memo. If you are okay with it,I will send it to him on Monday 6/12. Thanks. • • cc: [Click here and type name] • H:\DIVISION.SIDEVELOP.SER\DEV&PLAN.ING\JTH\bluffs memo.doc\cor VII''' g • g .l g g g g 5 / g i g /" g G G G/ 5 /" g C .00•8>\ \ /'�" g g 6 59 58 5"1' i 5y 55 54 53 �\ g "' /" g 4-=TbLL 4-=TI.LL - g /� l� g A\ G•WORT g j G'RF.' , �\ ° ' 1/ - " g�l�, ii�4 r'�i .4 * \ (;;;;# 9. % \ \ s / ,..., � .... , . ...,,,, ,..., � / gN ,,,,3 /" " may► 101 'i 110117‘ :IS, ,.. ,kif , . et ,,,..,_..,,, -1„0.-..4 4 411111" w ' i0 /-- \ 0 '... 0-11,061 * - / lr joyi 4 n-ivw ,- , ,,,,,,„, .....„ , , , . , dikilirx: c), - 1 ►_ ......., ,�. , ........... _ . .. PINNACLE @LAKE WASHINGTON ;s HAS ]H A ___. BRE PROPERTIES, INC. -= SCALE: N.T.S. r, 400 N. 34th STREET, SUITE 200 DATE: 05-03-01 ', G�\Ca` SEATTLE, WASHINGTON 98103 SHEET NO: MARKETING SITE i �'�e, • 1804 136th Place NE Ste. 1, Bellevue, WA 98005 (425) 644-1446&Fax 644-1921 %/ GSwQ E-mail: GMSARCH@IBM.NET Architecture Design *Planning Membersof A.I.A. * © GMS 2001 N .. .. .....m... .--- - ,_ ,_ . _ __ 6 lir ffy , I , _ ir,,,,, ......„..-----•••-............. k ti 1 .. rergt=111-1111 . „ „.. s wi .., in rer= , - ___--- .3: 6 6 6 1:11.........11 \ 11671111121C LIU" -- --- 6 c .... d . ....___ ,..., ________„c____?,_____,,c._...._____„.../"1.. /7----- it s, N t 110M01 1.0.1144 PP• 4 . ,-, ii4fi, 1kC 6 6 8 NNI7 ' -.- •N ( *3 1111111111111 1111151.i C 1 IN. IP. 4r IFT 1 ro 111 C 1 416.0k 4 / . % e . 6 6 N....._./ 117\ \ I 1 t- OglilVili : 1, illiellftallippipp, 44, 14 o .hoo. ____• . = = .•:: 6 ii s . . 11 61 -11r4S41...-3,yfit-, / 4r4 , 5...- Adir .iiii::Mpg!::-.4.ilitilev---1440),, Av•-.:::::.:-_- 6,-.6, ii, ..i. , ..,E - s.,_ .------.-------------- „,,,,, --'''I' fN.•,rv„!v .. ........ ..",.. 4-0 I I IrA1740-B,p4v . IN:. Anfy • • ,-- • . - -- , • . _ •PINNACLE @LAKE WASHINGTON . PHASE II • 'fl1tJ BRE PROPERTIES, INC. SCALE: N.T.S. / ,' ' • • 4;* 400 N. 34th STREET, SUITE ,200 / • c .,; % /„ • ,., SEATTLE, WASHINGTON 981 03 DATE: SHEET NO: MARKETING SITE / / • 1804 136th Place NE Ste. 1, Bellevue, WA 98005 (425)644-1446 &Fax 644-1921 E-mail: GMSARCH@IBM.NET Architecture Design *Planning 4viembers of A.I.A. •4) ' © GMS 2001 r . . ______ _ ____ _ _ C ,,enzza N.-- . r4 c idelb ERIIIN a C siareve, le Ilic 5 5 5 1111 11 111316 ---___ _ _ _ _ _ _ _ I ______ ,, colt_ I Hi tell 11_11=marilmidik . -CR- cv $ C I Slief __ - s s s 111111111741,11leiED11' x20' 111. ,, CAR WASH '., �\ ;i , „ i! PAD w/DRAIN A A 4\ a „111 A A PINNACLE @LAKE WASHINGTON ;!P HA S ]E HA - -, , BRE PROPERTIES, INC. SCALE: N.T.S. Id(IJ, lJ 400 N. 34th STREET, SUITE 200 DATE: 05-03-01 / ./. / /4�Gi�Ca` SEATTLE, WASHINGTON 98103 SHEET NO: MARKETING SITE / / PCcr��'. • 1804 136th Place NE Ste. 1, Bellevue, WA 98005 (425)644-1446&Fa3 644-1921 /CP'Q E-mail GMSARCH@IBM.NET Architecture Design *Planning ivlemberssf A.I.A. d © GMS 2001 _ AI•.4.... of, LANDSCAPING • Washington =,. SHAMROCK & NURSERY INC. •• Candsca •• Landscaper Jim Hunsaker • WCL Pat Hunsaker • WCL John Hunsaker • WCL May 23, 2000 ���� u-A i ! 6 Mr. Bob Buell -. - BRE Properties, Inc. 400 North 34th Street, Suite 200 Seattle, Washington 98103-8600 RE: The Bluffs ' Dear Mr. Buell: We submit the following information for work at the Bluffs project per your request: • Revegetate disturbed areas $48,600.00 Price Excludes: Washington State Sales Tax Please call if you have any questions. Sincerely, SHAMROCK LANDSCAPING & NURSERY, INC. Pat Hunsaker President jab cirrr• ..tea. JUN — 8 2000 BUILDING DIVISION 12409 148th S.E., Renton, Washington 98059 • (425) 271-6568 • Fax: (425) 227-5268 -., JN. a.2006 11=11AM j BRE _--PERTIES - -. .--..N0_977.____P.2,2 . : - . I - f Am AM E R fc. ,fig- q •_ +.:*: ` First Amerieon-Title Insurance Company National Accounts Commercial lHv wn 2101 Fourth Avenue,Suite 712 Souk,Wash gran 98121.2318 (206) 728-0400 (800)526-7544 fax;(206)448-6348 I .. ESCROW AGREEMENT AND INSTRUCTIONS Escrow No;: 265 QCW - _ Title Order No.: __ Property: The Bluffs • ERE PROPERTIES,INC,,hereinafter referred to as"Buyer"has entered into an Agreenient for Development of a 180-unit Apartment Project. THE CITY OF RENTON hereinafter referred to as "The City",and FiOt American Title Insurance Company,hereinafter referred to as Escrow,on the property commonly lmoivn as THE BLUFFS, RENTON, WASRfNQTUN• First American Title Insurance Company,hereafter referred to as"Escrow",is acting solely on its own behalf and in the cepaoit,of a third party for elepoeit of funds at the request the parties herein. Buyer has deposited iotoi Escrow the sum of$48,600,00,representing construction set aside required by the City of Renton. • The funds will only be rcileased and disbursed after satisfactory evidence that the work w'ee paid for has actually been performed to the satisfaction of the City of Renton. The funds shall not be disbursed to the Buyer,Seller,their agents is and assignees without prior written approval of the City of Renton and this account shall not be terminated or any funds thereunder distributed without the prior approval of the City of Renton ' t In the event the Buyer fails to complete and pay for the improvements as required by the City of Renton, all funds remaining in said deposit shall be made available to the City of Renton to complete and pay for the cost of said improvements. In the event of any contnIrversy arising between the Parties,or with any other person with.respect to the funds,the parties agree release and defend Escrow from any and all liability in connection with cancellation of the=roily and disbursement of funds. Escrow shall not be required to determine the controversy or take any 'ail,but may,at its sole option. await the settlement of any such controversy , by final appropriate legapr+oceedings or agrccmcnt among the disputing parties, or may at its discretion, institute interpleader or tither proceedings as it may deem proper. •• • JUN _ 8 2000 •' • BUILDING DIVMSION • • ZO'd SS:VT 00, 8 unr TOT2-ST9-90Z:X2. 1NJJN a11I1 213Wti 1S2JI. - NO.977 P.3/� JUV. '6:2000 11:SSAM BRE �PERTIES � �- -. . 1 Each party indemniaes d holds escrow harmless fbr any claims or suits arising out of this agreement or any matters relating to ••s transaction,unless such matters are the direct result of negligence of escrow. In the event of• .y litigation, arbitration or mediation arising Out of this escrow,the parties - agree they will reirnb Eutaw for any and all costs and attorney's fees and further agree that Escrow ray withdraw from the , I s - held any and all sums necessary to pay legal fees and costs. Escrow is'to deposit funds in an interest bearing account at Key Bank for the benefit of the Buyer. Any benefits or services provided to escrow by depository bank are consented and agreed to. Buyer agrees to submit IRS Form W-9 herewith. • • • • GENERAL PROVISIONS • 1.. Neither the matter of:possession of the property nor tho condition thereof or suitability for its intended use chill be in any way an obligation of the Escrow. ' 2. All disbursements shall be in U. $. funds and shall be by Escrow's check, or by wire transfer. Parties hereto understand and agree that all funds delivered into escrow are subject to irrenediate deposit, and that all checks must clear and be credited to Escrow's trust account as good and sufficient U.S. funds before any disbursements are made. • 3. Any additions or m41i$4stions to theses instructions shall be presented in writing and approved by all parties. • 4. These escrow instr4ins, and amendments hereto, may be executed in one or more cevnterparrs, each. of which independently shall have the same effect as if it were the original, and all of which taken together shall constitdte one and the same instruction. 1 5. We have been afforded adequate time a$ opportunity to read, understand and approve these escrow Instructions and all documents referred to•herein. 6. The parties hereto authorizes you to destroy these instructions and all records of this escrow,regardless of date of saw at any time oiler seven(7)years from date of these instructions without liability on your part,or need of further notice to or from us. Dated this day of AAtteh ° ,2000, • • Fir . ..ericas T: = I urance Company BRE PROPERTIES,DIG By: Tai;'igr.► (` . By: its; 9' ) Gr4f_ft its: CTr•JFti+i7GN . I JUN 8 2000 BUILDING DIVISION • �0'd 9S:17T 00, 8 unr TOT£-ST9-90Z:XEJ 1N1dN 311I1 a3Wd IS21I3 TRANSMITTAL TO CITY CLERK • BONDS, LETTERS OF CREDIT, ASSIGNMENT OF FUNDS, ETC. 1. TYPE OF INSTRUMENT: Bond Letter of Credit Assignment of Funds/Contractor Set-Aside Assignment of Savin s )(Other, Describe Esc row A 2. APPLICANT: -MR E Pc 0e c r4l e S —1-tut r1 1 u 3. PURPOSE: f vct 5p f_s--IrkL4 afte4.S (Describe) 4. •ACCOUNT NO.: S r0 6o i J 8 . a. S-0 W • 5. FILE NAME AND NUMBER (If applicable) 6. AMOUNT: 4 , G 0 O- 7. EXPIRATION DATE: 8. . REQUIRED BY: P}n r1 ; N9 ) %Polk (4�n S em (Department/Board) 9. STAFF CONTACT/PHONE #: Aftl, 2(D 7— h. 10. NOTIFY STAFF BY: (List date 30 days prior, six weeks prior to expiration, etc.) Ore. ic /let o ri. 6 /1ct: /eo , -, CITY. 1 F' RENTON " ' •Office of the City Attorney .III7 e' •Tanner;Mayor • Lawrence J.Warren - `MEMORANDUM . ' ® IOFENT`PLANNING RENTON • , To: . " • Peter Rosen,:Senior Planner • - ' FEB 11. 2000, - From: • • Lawrence J. Warren,City Attorney RECEIVED , . Date: February 11, 2000. ; Subject: ' Review of Covenants for The Bluffs • ' You forwarded a copy of the covenants on The Bluffs for my review:, ' You asked me to pay ' particular attention to the section involving permitted use of the greenbelts: You point out that site, : , ,plan condition no.7 requires;protection of all undisturbed-steep•slope greenbelt areas in their , natural state except for trails.- You then point out that there is an apparent conflict,between the , . covenants which allow.'utility construction/maintenance, -and site plan condition no:7 which . provides for undisturbed slopes. You-ask me to review and comment on the covenant:' , ' Clearly, there. is :a.conflict between site plan condition no. 7 and the permitted uses within the . greenbelt, if one views the literal language of the two. Perhaps the intent of condition no.7 was to ' not be so restrictive.- The only way one:could tell would be to check with the author of the site • plan approval. Barring a clarification that utility construction/maintenance was to be allowed ' • ' within the steep slope area, I can only conclude that there is a conflict and that the covenants are ` ,..not appropriate in.that one area. , • . '' Law_rence J. arren ' LJW:as. cc: Jay_Covington " , - - ' Jana Hanson - A8:171138; , ;. ` . • - Post Office,Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (425)255-8678 ' . ®This paper contains 50%recycled material,20%post consumer CITY OF RENTON. Planning / Building / Public Works MEMORANDUM DATE: February 4, 2000 TO: Larry Warren, City Attorney F OM: Peter Rosen, Senior Plann a_ SUBJECT: The Bluffs—Review of Covenants Enclosed is a copy of covenants prepared to satisfy site plan conditions for the Bluffs. I have reviewed the covenants for compliance with the site plan conditions. My only comment/concern is under the permitted • uses within greenbelts (page 5), the covenants would allow for construction and maintenance of utility lines and facilities. Site plan condition #7 requires protection of all undisturbed steep slope greenbelt a-eas in their natural state except for trails. Would this preclude utility construction/maintenance and s iould we have the applicant revise the covenant prior to recording? Please review the proposed covenants for form and content. Thank you. r nn -_ 1_ Page l of 9 III■ III■ DEVELOPMENT CERVICES III■ December 14, 1999 CITY OF RENTON LEGACY PDEC 15 1999 Legacy Partners Jana ansen 1756-114th Avenue SE,Suite 135 RECEIVED Bellevue,WA 98004-6931 City of Renton Phone:425.455.4813 Municipal Bldg. - 3rd Flr. 200 Mill Ave. South Renton, WA 98055 RE: ]'he Bluffs Mitigation Compliance Dear Jana: Per your request we our providing this letter in connection with the City's Building Permit of Review of our project. It is our intention to design and construct the Bluffs in a manner consistent with the mitigation document issued by the City on October 9, 1992, as modified by the minor site plan modification approved by the Development Services Division dated December 16, 1998 (the"Minor Modification"). This letter sets forth the particulars of how the Bluffs will comply with the mitigation document. For cla!-ity this will letter will reference page numbers and"recommended mitigation measures" paragraphs set forth in the October 9, 1992 mitigation document. Page 3 Modifications to Driveway Access: Emergency access to the site has been modified in the approved Minor Modification to the approved site plan to eliminate any road connection through the north end of the site. The Fire Marshall has agreed to this modification of emergency access configuration. There will be two entry roads from the south end of the site. The main access road will be 24 feet wide from curb to curb. The emergency access road will be 20 feet wide from curb to curb. Both roads will be separated by a 6 foot median where the two road grades will match at both ends and at approximately the midpoint. The remaining length of the road will have grade separation up to ¢feet in this median. The 20 foot emergency access road will have barriers at each end There will be no road connection from the north end of the site. Instead, the site road will llerminate in a fire-department approved turnaround. (Civil Sheets C-1, C7.1-C7.6; architectural Sheets A2.1, A2.2, A2.3, A2.4, A2.5). The lower village has access from the north at N. 20`h street and from Lake Washington Blvd at the southwest end of the village. .- H:\DEVLPMNTOEVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc Page 2 of 9 III■ III■ III■ LEGACY PARTNERS Pag 3 A. NATURAL ENVIRONMENT 1! EARTH: Al. Prior to Construction, Legacy shall: a) Retain a qualified geotechnical consultant and a qualified hydraulics engineer to work with the applicant's civil engineering consultant to provide recommendations concerning the engineering and design of roadways, utilities, retaining walls, drainage and foundation systems. The geotechnical consultant shall review and sign off on the project construction drawings prior to the issuance of any construction or building permits. Gold4 Associates has been retained as the project geotechnical consultant. Dodds Consulting Engineers has been retained as civil/hydraulics engineer. Although there used to be a professional engineering licensing specialty titled "hydraulic engineer, "that category no longer exists in the state of Washington. Hydraulics is a sub-category of civil engineering so engineers holding licenses as civil engineers are today the individuals who are qualified to perform this function. Bruce Dodds, PE, the site civil engineer is qualified in this regard and will serve in the capacity of the hydraulic engineer as well as the site civil engineer. Both Golder and Dodds will review and "sign off"on the plans before construction permits are issued b) In order to minimize disruption of steep slope areas, the geotechnical/hydraulics consultant(s) are required to prepare a construction phasing plan and erosion control plan for all grading, clearing, and re-landscaping, prior to the issuance of Grading Permit or Building Permit. The construction phasing plans are contained within the "construction sequence"elements of the erosion control plans—please see the civil engineering plans for this information. Steep slope erosion control recommendations are contained in Golder's geotechnical report dated June 26, 1998. Page 4 A2.1 Retain a geotechnical/hydraulics engineering firm, to be approved by the Development Services Division, to monitor all major grading and excavation activities. The scope of the monitoring services would be required through Certificate of Occupancy, and would include the following: •1 Provide confirmation and identification of bearing soils in all foundation excavations; • Observe and monitor the stability of the site excavations; • Identify those soils considered suitable for use as structural fill and perform modified Proctor testing of these soils to determine their optimal moisture/maximum density values; • Monitor the placement and test the compaction of all structural fill on site; including but not limited to proposed building locations and roadway subgrades. The applicant has hired Golder Associates to provide construction monitoring and testing services for the project consistent with the mitigation document requirements. H:\DEVLPMNT1 EVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc Page 3 of 9 III■ III■ LEGACY J PARTNERS A2.2 In order to minimize disruption of steep slope areas, the contractor is required to implement a construction phasing plan and erosion control plan, under the supervision of an approved geotechnical/hydraulics engineering consultant, for all grading, clearing, and re-landscaping. Golder Associates will work with the contractor to develop a construction phasing plan to minimize erosion. The contractor will implement a construction phasing and erosion control plan as supervised and approved by Golder and Dodds Consulting Engineers for all grading, clearing and re- landscaping. A2.3 The contractor is also required to utilize"best management" practices to minimize erosion of steep slope areas. Examples include, but are not limited to: L Route surface water through temporary drainage channels around exposed slopes; • Use silt fences and temporary sedimentation ponds to collect and hold eroded material on the site; • Intercept and drain subsurface seeps; • Hydroseed or plant vegetation on exposed areas where work is completed and no buildings are proposed; • Complete excavation, roadway and utility grading, and hydroseeding in the drier months of the year, specifically between April 1 and September 30, unless favorable weather conditions would indicate little risk of erosion or landslide, subject to approval by the Development Services Division; • Provide a vegetation inventory and grading plan which retains existing vegetation to the greatest extent possible and retains larger trees in groves whenever possible; • Install final supporting structures (retaining wall or basement wall) as soon as possible where cuts are made; and • Install and regularly maintain a permanent drainage system in the vicinity of the seep in the central position of the site to intercept and control groundwater seepage after construction. The contractor will utilize best management practices to minimize steep slope erosion. Such practices may include but not be limited to routing surface water around exposed slopes; using silt fences and temporary sedimentation ponds to intercept and drain subsurface seeps; hydroseed or plant vegetation on exposed areas where work is completed and no buildings are planned; complete grading roadway utilities and hydroseeding in the months between April 1 and September 30 unless otherwise approved by Development Services Division; install supporting structures against exposed cuts as soon as possible; install and consistently maintain the permanent drainage system in the vicinity of the seep in the central portion of the site to intercept and control ground water seepage after construction. H:IDEVLPMNIIDEVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc I ��7 Page4of9 III■ HIM III■ LEGACY PARTNERS Page 5 A3. Construction in Greenbelt Areas: In order to protect and maintain greenbelt areas, the applicant's engineering and geotechnical/hydraulics consultants are required to identify measures to control erosion and slope instability and project vegetation on the greenbelt areas for inclusion in the specifications and contract for site and grading work. These measures are to include, but not be limited to: • Installation of crushed rock at the construction entrance to reduce the tracking of mud onto the public roadways; • Hydroseeding and/or covering the cut/fill slopes of the entry road with plastic sheeting to reduce the erosion of the exposed surfaces; Construction of a formal detention pond at the base of the slope and fit it with erosion/sedimentation control features such as silt fences and gravel filter cones, prior to any building construction; Entering into a permanent agreement with the City Surface Water Utility to provide for the maintenance on the detention pond including but not limited to removal of silt as needed. This agreement is to be approved by the Surface Water Utility, Development Services Division and City Attorney prior to the Public Hearing on Final PUD approval; and • Phasing all site work in steep slope/greenbelt areas per Mitigation Measures Al.b and A2.2, described above. Golder and Dodds Consulting Engineers will identify measures to control erosion and slope instability while protecting vegetation on the greenbelt areas. Said measures will be included in the specifications and contracts for site grading. Installation of crushed rock at the construction entrance to reduce tracking of mud on to public roadways; hydroseed and or cover cut and fill slopes of the entry road with plastic sheeting to reduce erosion of exposed surfaces; construction of a temporary detention pond at the base of the slope,fit with erosion/sedimentation control features such as silt fences and gravel filter cones prior to any building construction except for the Lower Phase 48 units and foundations for the Upper Phase 132 units; a permanent maintenance agreement with the City Surface Water Utility to maintain the facility and remove the silt as needed;phasing all site work as per A1B and A2.2 above. Page 6 2. SURFACE WATER: A4. The applicant is required to implement temporary erosion and sedimentation control methods during construction consistent with City of Renton requirements and best management practices. This will include an emergency management plan to address potential off-site impacts during construction, particularly to Gene Coulon Park. Temporary erosion and sedimentation control methods will be used during construction, consistent with City of Renton requirements and best management practices specifically an emergency management plan will be incorporated to address potential offsite impacts during construction, particularly to Gene Coulon Park 1 1 I I H:\DEVLPMNT\DEVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc r - � Page 5of9 III■ III■ III■ LEGACY PARTNERS A5. The applicant is required to prepare a tree clearing and vegetation removal plan which retains native vegetation as much as possible as a condition of Site Plan Approval. Tree clearing plan is included in the civil engineering set. As part of the Minor Modification, Legacy has agreed to retain the five acre forested greenbelt at the north end of the site, and to eliminate the northern emergency access road called for in the original plan and mitigation d(Jcument. 3. GROUNDWATER: A6. No mitigation measures were considered necessary. 4. STORM DRAINAGE: A7. Enter into a permanent agreement with the City Surface Water Utility to provide for the maintenance on the detention pond including but not limited to removal of silt as needed. This agreement shall be approved by the Surface Water Utility, Development Services Division and City Attorney prior to the issuance of any Grading or Building Permits. See 1A3 above. A8. Install a closed drainage system meeting all City of Renton standards and codes. Legacy will install a closed storm drainage system meeting all of City of Renton's standards and codes! Page 7 A9. Provide oil/grease traps and silt sumps in street catch basins to aid in controlling the discharge of oil, grease and sediment. These are required to be maintained by the property owner in perpetuity. Silt sumps are included in all catch basins, oil and grease traps are included in the water quality facili/r manholes where appropriate. A10. Provide an on-site area for car washing with appropriate oil/grease traps and other devices. A car lwashing area with an oil/water separator vault has been included south of building D. See Drawing 242.3) All. Construct the aforementioned stormwater detention pond to allow settling of particulates and provide further water quality enhancement by providing a grassy swale at the pond outfall for biofiltration. I _ H:\DEVLPMNTIDEVELOPIBLUFFS\mitigation compliance Ltr 12-I3-99.doc Page 6of9 III■ III■ III■ LEGACY PARTNERS Analysis of the existing downstream drainage system between the site and Lake Washington revealed those facilities will provide adequate capacity to convey a 100-year rainfall event from the site and its upstream)basins. Since detention affects only the rate at which waters are discharged from as site and the All requirement is directed at water quality enhancement, not the rate of discharge, these downstream conditions have lead the staff to conclude that no stormwater detention system(s) are required under the code nor would the provision of such a system or systems benefit the site or its surrounding environment. Water quality features designed consistent with the current King County SWM Man ual's best technology principles are to be incorporated in the project. Water quality ponds, a grass-lined swale, and a water quality tank will be constructed at the site's drainage outfalls to settle particulate matter and to act as oilfwater separation devices. See Civil Engineering sheets C4.1, C4.3, C4.5, C4.6, &C4.15 for details of these facilities. Al2. Provide for a licensed hydraulics engineer to be on duty as needed during the major grading and excavation activities to protect against erosion and related impacts. (See Condition A2.1 for further consultant requirements during site work.) Golder Associates will be on duty as set forth in A2.1 above. 5. LANTS: None required. The laJA13. scaping provided in the site plan approved through the Minor Modification is essentially the same as provided in the original approval, with the siginificant exception that a five-acre greenbelt area will be preserved at the northern end of the site (with the elimination of the previously-approved emergency access road to the north). Greenbelts will be maintained and disturbed areas will be planted predominately with native plant materials. Ornamental materials will be located around the face of the building and in the surface parking areas. 6. I WILDLIFE: Page 8 A14. None required. The current proposal(as approved in the Minor Modification) includes less disturbance across the site than the previously-approved plan and generally confines development to the upper and lower terrace areas. The northern emergency access road has been eliminated and a five-acre undisturbed area will be preserved. All greenbelts will be maintained and disturbed areas will be planted predominately with native plant materials. B. BUILT ENVIRONMENT I 1.1 B 1. Land Use: None required. I H:\DEVLPMNTIDEVELOPIBLUFFS\mitigation compliance Ltr 12-13-99.doc LUe7 Page 7'of 9 III■ III■ III■ LEGACY PARTNERS The current proposal(as approved in the Minor Modification) includes 15 additional dwelling units for a total of 180 units. Legacy will continue to emphasize a quality residential environment and the current site plan remains consistent with the site plan approval criteria. Legacy will execute a covenant that establishes the maximum overall project density at 8.1 dwelling units per acre (maximum 180 units). The Property Use and Development Agreement dated March 25, 1999 eliminated the previous requirement that this project be developed in the condominium form of ownership. Page 9 2.I AESTHETICS: B2.1. Recommended Mitigation Measures: B2 Aesthetics: See mitigation measure Al 3 described under Plants, above. Notes to Applicant: 1. The Bluffs design reflects the design of the park with natural colors, roof slopes and similar materials, such as wood—Heavy timber entries at the buildings and the Clubhouse. This is also reinforced with stone accents at some building entries and Clubhouse. 2. See #1 above. 3. No longer applicable, since the condominium restriction was removed. 4.I TRANSPORTATION: Page 10 B3. None Required Legacy will be contributing an impact mitigation fee for transportation of$75.00 per additional trip associated with the 15 new units in the project,for a total of$7278.75. Notes to Applicant: 1. Signalization: No mitigation required 2. Off-site improvements: Legacy will construct curb, gutter and sidewalk alongside the existing paved area of Lake Washington Boulevard as shown on the plans. 3. Deferral of Improvements: Off-site improvements under#2 may be deferred by Board of Public Works. 4. On-Site Parking: The applicant's architect(see site plan) has provided under-building parking(see Architectural plans A5.1 A5.2 Building "A"and plans A5.13 &A5.14 building "C'). Total of 104 stalls have been provided under buildings A & C instead of on the site. A total of 369 stalls are provided on-site. H:\DEVLPMNIIDEVELOPIBLUFFS\mitigation compliance Ltr 12-13-99.doc Page8of9 III■ III■ III■ LEGACY PARTNERS B4. Transportation: Vehicle access to the site. Access would be at the south end of the property with a 24 foot wide two-way road to the upper 132 units and recreation building. Next to the main road will be a 20 foot wide emergency access road. (see site plan). Page 11 5. PUBLIC SERVICES: a) Fire B4. None Required. Under both the original and revised proposal all of the proposed structures(except the recreation building, detached garages and carports) would be fully sprinklered in order to reduce impacts on the Fire Departments and to provide enhanced life/safety protection for residents. In addition, Legacy will be contributing an impact mitigation fee for fire services of$388 per additional unit,for a total of $5820. b) Police Recommended mitigation measures: None Required We are constructing secure underground parking(see Architectural plans A5.1, A5.2 and plans A5.13, A5.14, or an overhead roll-up security gate is provided for the two buildings (Buildings A &C)with underground parking. Install security lighting of parking lots and buildings and deadbolt locks in all units to reduce the possibility of burglaries, thefts and vandalism. All buildings have security lighting mounted on the exterior of the buildings. All parking lots have lighting standards 20ft+/-in height, the elevator lobbies and stair towers will have secure locking devices on all exit doors to grade. Also, all main doors to the units will be provided with a dead bolt for additional security. All entry doors will also have a peep sight. Page 12 c) Schools: B6. No mitigation necessary Page 13 a) Parks and Recreation:As onsite recreation, Legacy is providing a 3,000 square foot (approximate) recreation building together with an exercise room, swimming pool, spa, and a pedestrian trail. As passive recreation, Legacy is retaining 5 acres as natural open space in the northerly section of the site. In addition, Legacy will be contributing an impact mitigation fee for parks of$354.51 per additional unit,for a total of $5317.65. H:\DE iLPMNTIDEVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc Page 9l of 9 III■ III■ III■ LEGACY PARTNERS B7. Notes to Applicant: 1. On-site recreation facilities have been provided on site (see site plans). 2. A park comprehensive plan mitigation fee in the amount of$$37,717.65 is being paid(including the additional fee noted above). Legacy is leaving 5 acres of passive recreation space at the North end of the project. 3. Utilities: a. Water: B8. No mitigation measures are necessary. b. Sewer: Page 14 B9. No mitigation measures are necessary. We appreciate the opportunity to review the mitigation requirements associated with The Bluffs and look forward to being able to commence clearing for development of the project on approximately February 1, 2000. I Yours t' ly, .67 Scott B. Springer Vice President SBS/jb I Enclosure cc: J ck McCullough Bruce Dodds, Dodds Consulting Engineers Rick Gulstrom, GMS Architectural Group Jinn Johnson, Golder&Associates H:\DEVLPMNIIDEVELOP\BLUFFS\mitigation compliance Ltr 12-13-99.doc Cif ' CIT'S( F :RENTON t.0 City Clerk Jes e Tanner,Mayor Marilyn J.Petersen • November 10, 1999 • Scott B. Springer, Sr.VP . Legacy Partners • 1756— 114th Avenue SE, Suite 135 • Bellevue;WA 98004-6931 RE: Property Use&Development Agreement • The Bluffs at Lake Washington (R-89-044) Dear Mr. Springer: . Enclosed please find copy of the above referenced document, which bears King County recording number 9904141167. . .. If you have any questions on this,please feel free to call. • Sincerely, )661141,G&V Oedtkr`- Bonnie I. Walton Records Specialist Enclosure , • cc: Jana Hanson,Development Services Director • 1055 South Grady Way-Renton,Washington 98055 - (425)430-6510/FAX(425)430-6516• This paper contains 50%recycled material,20%post consumer ' . ' • .• . . . • • • • • PROPERTY USE AND DEVELOPMENT AGREEMENT - THIS INSTRUMENT is executed this date in favor of the City of Renton, a , •, s ., , municipal corporation(the"City"), by the undersigned property owners(the"Owners") of the within described property. •, WITNESSETH: • WHEREAS,the Owners are the owners of the property legally described on Exhibit A attached hereto and incorporated herein by this reference(the"Property"); (t) c-4 gri and gri WHEREAS,the Owners obtained approval in 1993 for a rezone of the Property c.) and Site Plan Approval for the development, subject to a Property Use and Development Agreement recorded at auditor's file no. 9304130971, records of King County,Washington(the"Development Agreement"). WHEREAS,the Owners' representative has filed a request under File No. R;SA 044 82 to modify the Site Plan Approval and amend the Development Agreement for the Property; and WHEREAS,the Development Services Division has granted approval of the minor site plan modification and recommended approval Ofthe amendment of the Development Agreement; and WHEREAS,the City Council has found that the proposed minor site plan • modification and amendment to the Development Agreement complies wittilfiejoati--- . . and policies of the Comprehensive Plan, is in the public interest, and will not impair the . public health, safety and welfare; .t.zi i;st z NOW, THEREFORE,the Owners hereby covenant,-bargain and agree on behalf _- • • - of themselves and their successors and assigns that they will comply with the following conditions if the minor site plan modification and amendment to the Development Agreement for the Property is approved. Section 1. Development of the Property shall be accomplished in accordance with the following conditions: A. Development of the Property shall be in accordance with the site plan approved by the Hearing Examiner's Decision and Recommendation dated 1\1 January 12, 1993 ("Hearing Examiner's Decision"), as modified by the minor site plan modification approved by the Development Services Division dated December 16, 1998 (the"Minor Modification"). Minor modifications to the site plan that are not major C C*3 adjustments may be permitted subject to the approval of the Development Services Cr) Division. B. The Owners shall execute covenants running with the land that establish the maximum overall project density of no more than 8.1.dwelling units per acre(maximum 180 units); and that establish the overall project height at 50 feet as shown in the approved site plan and exhibits to the Hearing Examiner's Decision. C. The Owners shall comply with all mitigation measures established by the Environmental Review Committee Mitigation Document published • 2 • 1.•••••••• S. on October 9,-1992. In addition, for the additional 15 units incorporated in the project pursuant to the Minor Modification, the Owners agree-to.Pay mitigation fees in thefollowing - 3 amounts: - - - FEE . RATE. TOTAL Fire $388.60 per unit $ 5,820.00 -- Traffic $ 75.00 per trip $ -7,278.75 Parks S354.51_p er Unit • $ 5.317.65 TOTAL $18,416.40 D. The Owners shall comply with the site plan approval conditions tftf i posed by the Hearing Examiner in his January 12, 1993, and February 5, 1993 - - Decisions, as amended by the conditions set forth in the minor site plan modification -a) approval from the Development Services Division dated December 16, 1998. Section 2. This Agreement may be amended or modified by agreement between the Owners and the City; provided, such amended agreement shall be approved _ . by the legislative authority of the City by ordinance. Section'3. It is further expressly agreed that in the event any covenant or condition or restriction contained herein or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction contained herein. Section 4. This Agreement and the approved site plan shall be valid through Mafoh'10, 2000.ln-the event the Owners fail to submit a building permit application -- - 3 t. for any phase of the project within said time period,the zoning of the Property shall revert to the zoning classifications_that most closely reflects the land use designations} . for the Property as depicted on the City's then current Land Use map for the Comprehensive Plan. Section 5. This Agreement may be executed in any number of counterparts, each one of which shall be deemed an original. DATED this a5ih day of maidt , 1999. OWNERS: gri gri Thomas H. Cooke _ .. _ -- ,. - - .. - •� _!./�/)per//] .�� _-_- I I . Glennis M. Cooke Pauline H. Kirkman Marga et hazel :: .: • _%{ A 91'.79 11 Frances W. Mosley Kulle. 4 • f - ti';Y I V vim' Nancy J.Lo I Joyce L. Segur i 41/4 )//a, CD 1 ri J mes S. Martindale ri rii 14e/L Ales 0 j Debra H�frold E Marilyn eask 1 1 2 ‘ee,6,4't-) Tom Matsuoka I i I . Shizu Matsuoka.. CITY: —t - - •-�__ ___- -- - - I 5 1 • C OF RENTON,WASHINGTON • • . : . • = '-',, ,..... _ • g: By: Jesse Tanner •• . Its:' MAYOR APPROVED•AS TO FORM:-: "..:= . . OFFICE OF THE.CITY ATTORNEY..•: . CA . liq >� I . • Larry Warren T-i T, ' City Attorney . C �? . , • .. • • • • , . • . . i I. I . r-it'ArY1445/(4"L.) IM.iiktfr 7 . U a iii-i a katil-A, po-o-ay 0,/,,.._ -821_8(ii,,id r _ r _ :, , wi I CITY OF RENTO PLANNING/BUILDING/PUBLIC WORKS. `'"� - . •MEMORANDUM. _L H DATE: January 19, 1999 /0,44, et „egi0,761V TO: Kathy Keolker-Wheeler, Chair A( :.&" e`k ,�' � Planning and Development Committee .,..� FROM: Jana Huerter,Land Use Review Supervis .._ SUBJECT: Bluffs , 1 u'- ' The Bluffs project was approved back in 1993 and remains a vested project under the development � � regulations and mitigation fees in place at that time. The mitigation fees,Fire and Parks,were ------- imposed through the Environmental Review process that assessed the impacts of a 165 unit multi- �(J6/- family residential project. At the time that the Bluffs was reviewed and approved we did not have a City wide traffic mitigation fee,therefore the record does not reflect any traffic related mitigation. In ; 71 611 December of 1994,under resolution No. 3100,the City adopted a City wide traffic mitigation fee of a r. $75.00 per vehicle trip for all new development subject to SEPA or the subdivision process. Fire, ee--e�` "` (---- ° Parks and Traffic fees can only be imposed through the SEPA or subdivision processes. ce a Ove Upon review of Legacy's request for a modification to the originally approved site plan, staff determined that the proposed modifications are minor and will not substantially change the analysis of significant impacts and alternatives in the existing,and previously adopted EIS. Therefore, on November 3, 1998,the Environmental Review Committee accepted an addendum to the EIS. An aiddendum does not provide an opportunity to impose additional mitigation measures. The following is a comparison between the City's current mitigation fees and those that were in place back in 1993: f 1999 1993 . Parks: $354.51/unit $180.00/unit I Fire: $388.00/unit $388.00/unit Traffic: $75.00/trip 0 For multifamily development the methodology used to calculate the mitigation fee is 6.47 trips per unit. I \\TS SERVER\SYS2\COMMON\H:IDIVISION.S\DEVELOP.SER\DEV&PLAN.INGUMBLUFFS.DOC I January 19, 1999 Page 2 I • The following reflects the required mitigation fees for the 15 new additional units under both the previous fee requirements and the fees that are presently in effect: • • I. Present Parks: $5,317.65 (developers can meet up to 33%of their share of the park impact fee value by providing on-site recreational improvements). Fire: $5,820.00 Traffic:$7,278.75 Total=$18,416.4 II.I Previous Parks: $2,700.00 Fire: $5,820.00 Traffic: 0 Total=$8,520.00 I have attached a copy of the adopted mitigation document for the Bluffs as well as the traffic study that was prepared in September 1998 for purposes of the addendum. cc: Jim Hanson Gregg Zimmerman Jay Covington • c: ' ' , CITA OF RENTON Renton City Council Jesse Tanner,Mayor it January • . .. DEVELOPMENT R pNNNINC. .. 6, 1999 CI-1Y.OFEN • JAN 0 5- 1999 SUBJECT: Bluffs Development RECEIViD To Interested Parties: 'The Renton City Council's Planning&Development Committee will meet to review the above-referenced item on: Thursday,January 14, 1999 ''4:00 PM 7'Floor/Council Conference Room City of Renton 1055 South Grady Way Renton,Washington This is not a public hearing,but a working session of the Planning&Development Committee. As all Council Committee meetings are open to the public, you are welcome to attend. If you have questions regarding this meeting,please phone Julia Medzegian, Council . Liaison, at 425-430-6501. Sincerely, WILCe C) � : Kathy Keolker-Wheeler, Chair V " Planning&Development Committee Renton City Council • • • 1055 South Grady Way -Renton, Washington 98055 - (425)430-6501 • • `j '��, CITY OF RENTON •mil Planning/Building/Public Works Department • - 6t ,;. .Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • December 16, 1998. Mr. Scott B. Springer Senior Vice President Legacy Partners ` 1756- 114th Avenue SE, Suite 135 Bellevue,WA 98004-6931 SUBJECT: THE BLUFFS ATIAKE WASHINGTON-MINOR SITE PLAN • MODIFICATION, SA-044-89 _Dear Mr. Springer, I have reviewed your request for a minor modification of the site plan approval of The Bluffs at Lake Washington, SA-044-89. The proposed minor modification include: 1. A reconfiguration of the areas of disturbance to the benefit of the adjacent single family development. Grading is no longer proposed in the northern portion of the site resulting in a five acre undisturbed greenbelt adjacent to the existing single family development. This will result in less site disturbance, as compared with the existing approval. This change is a result of the revised primary and emergency access approved by the City of Renton Fire Prevention Bureau on July 29, 1997. The revised access to the upper terrace includes a cul-de-sac turnaround, a 26-foot wide two-way drive and a 20-foot wide emergency access and pedestrian corridor. 2. A redesign of the access in the lower terrace to respond to current fire and life safety requirements. This change improves access in the lower terrace and refines the grading to provide for the development of one additional residential building. This new building area will increase the number of proposed units from 165 to 180 units. /t i/stj H43 Gsvl.dd,#-Q I agree that the change in the emergency access road,thereby leaving five acres of undisturbed greenbelt adjacent to the single family neighborhood, is a positive change and is considered a minor modification. The final plans for the revised access road is subject to Fire Department approval • for details of turning radius,grades, distances,etc. The revision of the access to the lower section,per Fire Department request, is also considered to be a minor modification. The addition of another building containing 15 more units represents a 9.1%change, falling within the 10%maximum,for a minor modification, and is thus approved as a minor modification to your existing site plan SA-044-89. SA-044-89 is due to expire on March 9, 1999. An extension must be granted or a building permit application must be received prior to that date in order to for your site plan approval to remain active. I will send this site plan modification approval to the City Council for their consideration, along with your request for a change in your development agreement. Paget December 16, 1998 . • • The change in the development agreement has been referred to the Planning &Development 11 ' Comnuttee of the City Council: You will be notified of the meeting date to consider your request. Sind-r • u . ames C.Hanson,Director Development Services . cc: Jana Huerter Peter Rosen JCHckg98-062 • • • • • • • %y' ' `� CITY 6F RENTON • Hearing Examiner Earl Cly rater Mayor Fred J.Kaufman • February 5, 1993 Colin Quinn 16031 li9th PL NE Bothell, WA 98011 Re: The Bluffs File No. R;SA-044-89 Dear Mr. Quinn: This office has reviewed your request for reconsideration as well as some additional staff comments regarding this matter and the response follows. Point A: This office believes that a covenant that establishes the project as a residential 6°'t� condominium but eliminates ownership percentages would be appropriate and the condition is hereby altered to reflect that change. Point B: Regarding sidewalk construction, the applicant has already demonstrated that some of the physical constraints of this site can be overcome to accommodate an intense level of development on and around this very steep site, and the installation of a sidewalk along the eastern edge of Lake Washington Boulevard is presumably no more difficult than the retaining walls and rockeries the applicant has already proposed for other areas of the complex. This proposal includes a physically two-tiered complex with most of the amenities on the upper level. The applicant appears to suggest that human nature be ignored with the expectation that residents of the lower tier will cross to the west side of Lake Washington Boulevard, walk south along the west side of the street and then re- cross the street to climb up the hill to the recreational facilities and reverse this procedure on the return home. What will happen more likely is that residents will walk along the unimproved shoulder on the east side of Lake Washington Boulevard, possibly interfering with or maneuvering around vehicular traffic on that roadway. This office will not modify the sidewalk location without a specific engineering report that indicates that it is impossible or nearly impossible to provide the sidewalk on the east side of Lake Washington Boulevard. Point C: This office intended that there be three methods of walking to the upper tier; the sidewalk along the access road, and the walkways/stairways between Buildings F and E, and between.Building A and Lake Washington Boulevard. The two walkways/stairways were intended to avoid, once again, the tendency of humans to take short routes even when they are not officially sanctioned or designated. There appear to be appropriate slopes that would facilitate this second walkway/stairway from the vicinity of the letter "L" in the word "LAKE" near the south aspect of the printed phrase "LAKE ,% } '� 5 • „IAA ) 4IPCITY Mt RENTON• Hearing Examiner Earl Clymer, Mayor Fred J.Kaufman Colin. 1 uinn February 5, 1993 . Page 2 WASHINGTON BLVD." found on Exhibit #5 and rising up to near the north central portion of the west wall of Proposed Building A. Again, this office acknowledges that the applicant is already providing a great deal of engineering prowess to accommodate this development and these additional amenities,seem no more ill-advised, particularly to avoid the problem of social trails. These details are intended to make the project more appropriate for its residents.. These stairways can also limit the exposure of residents to traffic along Lake Washington Boulevard by shortening the distances between the lower and upper tiers of the development in the event a sidewalk cannot be accommodated on the east side of the Boulevard. Point : Other than the fact that compliance with the proposed condition to incorporate notification language in each deed might be cumbersome, there does not appear to be any reason to alter the proposed condition. Point E: This condition will be and is hereby altered to reflect that any phasing of the project which may occur shall make provisions for the needs of emergency access as required by the Emergency Services Departments and that all storm water utilities be designed by the applicant and approved by the City prior to the issuance of any Building Permits. The original intent was to limit the exposure of early residents to continued disruptions in the event the project was phased. If yo have any additional questions.or concerns please feel free to write. This and the remaining aspect of this proposal may-be appealed to the City Council. As a result of this reconsideration the appea period has been extended to.tnot later than 5:00 p.m., February 19, 1993. The request for recon ideration and memo from-staff are available in this office for review by interested parties. Since ely, --,q-\((441/1'.--------- FRED J. KAUFMAN - . HEARING EXAMINER FJK:wmb cc: Mayor Clymer . Larry Warren ` Paul Forsander Don Erickson Parties of Record `1 � RCOrzi JAN 2 P 19 . 9 .. . 3 ;,r r:N• L�4,ith,��, - I N January 26, 1993 `j! Mr. Fred J. Kaufman, Hearing Examiner City of Renton Renton City Hall 200 Mill Avenue South 11 enton, WA 98055 Re: File No. R; SA-044-89 The Bluffs Dear Mr. Hearing Examiner: As representative of and on behalf of the owners of the above referenced condominium project, pursuant to Title IV, Chapter 8, Section . 15 of the Renton City Code, I hereby I espectfully request reconsideration of certain recommendations and conditions of your January 12, 1993 Report and Recommendation for the project. We believe these recommendations and conditions may be ambiguous and/or based on error of law or fact, and should be modified as described below. LRECOMMENDATION 3 This recommendation would require the applicant to enter into covenants for the contemplated condominium which prohibit more than 25% of the units from being rented at any one time. We equest that this recommendation be modified to require only that a covenant be entered into establishing the project as a residential condominium and providing for the sale of individual units, and that the remainder of the recommendation be eliminated. Establishing the 25% limit on renting the units would be unfair, impractical, unreasonable, and unenforceable. It also appears that it is not based on any finding, SEPA policy, ordinance or rule of the City of Renton, nor based on any possible anticipated environmental impact of the project, and we therefore question the basis or authority for this recommendation. We also believe this recommendation may be in violation of state law, as discussed below. The modification of this recommendation is requested for the following reasons. IIr. Fred J. Kaufman January 26, 1993 Page 2 1. Such a prohibition against an owner renting his unit unfairly. discriminates against condominium owners. No such limitation on renting has been applied to other single family homes or other privately owned property in the City of Renton. 2 . This prohibition may also be a violation of certain provisions of the State Condominium Act. RCW 64. 34. 050 (1) states as follows: A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Of added) . Would the City of Renton require that an owner of an apartment complex not rent over 25% of his apartment units � t any one time, or that a residential subdivision not lease over 5% of the homes at any one time? 3 . Also, limits against renting of units would make it impossible to obtain financing for the project. Any lender must have the ability in the event of foreclosure to lease the units while attempting to sell them. We do not believe lenders will finance a condominium or a unit in a condominium with such a limitation in place. 4 . Similarly, during the initial sales of units, the developer may have to rent vacant units depending on how quickly sales occur, since the marketplace takes time to absorb the units, especially in a slow economy. It would make the project financially infeasible if he is prevented from doing this during the sell out phase. 5, . Such a prohibition,: would, also significantly affect the. price and marketability of the condominium units. It is obvious . that any potential owner will want the ability to rent his condominium unit in the event of temporary job relocation, for example, which he may be prohibited from doing by this rent prohibition. If for any reason an owner must move from his unit and is unable to sell it, he would of course want the ability to rent it. 6. Creating the "revolving pool" described in Recommendation 3 we do not believe would be feasible, workable, or acceptable to lenders, developers and/or unit owners. No owner would (and likely could nor afford to) accept a lesser r - i A Mr. Fred J. Kaufman January 26, 1993 Page 3 amount from this "pool" if it did not cover his mortgage. : Also, who would pay homeowners association dues for unrented units for. maintenance of the common areas, landscaping and other features? 7. Moreover, this limitation on renting may be a violation of RCW 35.21.830, which states as follows: The imposition of controls on rent is of state-wide significance and is ,preempted by the state. No city or town of any class may enact, maintain, or enforce ordinances or other provisions which regulate the amount of rent to be charged for single family or multiple unit residential rental structures . . . . Recommendation 3 would prohibit a condominium owner from charging any rent for his unit if the 25% level were reached, which is in effect rent control that would be in violation of the above statute. In summary, no public policy is furthered by Recommendation 3 . The goal is to create saleable and affordable residential units and making this project a condominium project achieves this goal. Further prohibitions on whether a person owns or rents a unit does nothing to promote public health or welfare and/or safeguard the public interest and safety. B. CONDITION 12 We request that Condition 12 be modified to make clear that the required sidewalk could be constructed on either side of Lake Washington Boulevard, subject to Engineering Department approval. Due to physical grade constraints within and abutting the Lake Washington Boulevard right of way, construction of a sidewalk adjacent to the property may be physically impossible or very expensive to accomplish. It may be more feasible and have greater public benefit to locate the walkway entirely or in part on the Coulon Park side of the road. If located on the Park side of the roadway, adequate crosswalks would be provided to ensure pedestrian safety. However, this condition should be clarified to allow the sidewalk to be constructed on either side of the road. C. CONDITION 13 We request clarification of the "two separate hill climbs" referenced in this condition. We are assuming that the sidewalk along the entry drive would serve as the hill climb connecting the upper terrace in the vicinity of Buildings A, C or D and Lake Washington Boulevard. The construction of any other hill climb 1 4 , Mr. Fred J. Kaufman January 26, 1993 Page 4 in this area of the property would occur on the steepest part of the property and would be significantly more destructive and dangerous. D. CONDITION 14 (b) Condition 14 (b) requires covenants on the land, as well as on each condominium deed, requiring on-going maintenance of common areas and participation in the homeowners association. We request that the language "as well as on each condominium deed" e deleted from this condition. As is required for every condominium in the State of Washington, each deed conveying a unit in the The Bluffs condominium will be subject to the Condominium Declaration for the project (which by law must provide for assessment of dues and maintenance of common areas) , and each owner of a unit will be a member of the homeowners association. As is also the general practice, each individual deed will not, however, specifically state that such maintenance and participation is required, although the deed will subject the unit and the owner to the Declaration, which is recorded and of record, and which will require maintenance of common areas. The Declaration that provides for assessment of dues, maintenance of common areas and participation in the homeowners association is required to be recorded and all unit owners are subject to the Declaration by law. Owners are also required by the recent State Condominium Act to be provided with a public offering statement containing significant additional disclosure regarding the operation of the condominium and expenses of maintaining common areas. Adding these details to each deed conveying a unit, which is already subject to the Declaration, would be overly cumbersome, unnecessary in light of the information required by law to be provided to potential buyers,, and would create unwarranted difficulties. E. CONDITION 19 Condition 19 states that if the project is phased, all site preparation must be done for all portions of the site before issuance of any building permits. This condition does not make clear what would occur if the project is not phased, or if the buildings are built in phases. We therefore request that this condition be clarified to state that if the project is not phased, the applicant may obtain the building permits and then proceed with site preparation and construction all in one phase. It would be virtually impossible 1 a Mr. Fred J. Kaufman January 26, 1993 Page 5 too close the financing of a project without the building permit. Most developers could. not afford to do the extensive clearing and grading without that financing. Also, although phasing is not currently contemplated, we question the reason for this condition at all. If the project Were phased, we do not believe you would want the entire site graded and cleared first, especially if the first and second buildings are only on a small part of the site. This condition Would require clearing and grading of the entire development area before a building permit could be issued and financing obtained. This would mean larger portions of the site would be modified and exposed for significantly extended periods of time prior to building construction, if phasing did occur. This condition would also be counter to the objective stated in the staff report or the project of protecting sensitive areas and steep slopes. Requiring site preparation for all portions of the site prior to issuance of a building permit is unusual, impractical and provides less environmental protection. Normally, clearing and grading, storm drainage and utility work are reviewed as part of the building permit. This ensures that all the components of the permit fit the project. F. CONCLUSION For the foregoing reasons, we respectfully request that the Hearing Examiner modify the recommendations and conditions as described above., We believe these modifications clarify what will be required of the developer, and will make the project more feasible and practical while still protecting the public health, safety and welfare. Your reconsideration of this matter is very much .. . appreciated. Respectfully .submitted, (1.-- 9 Colin Quinn Owners' Representative cc: Owners of the Bluffs Paul Forsander John E. Phillips I ) ;, �. CITY OF RENTON big MEMORANDUM NT Date: February 1, 1993 To: Fred Kaufman V "pi PieFrom: Don Erickson OreU j 1993 Opp A Staff Contact: Paul Forsander ' ' HEARING jib NCR Subject: Reconsideration of Rezone Recommendations & Site Plan Conditions for The Bluffs, File No. ECF; R; SA-044-89 Staff have reviewed your decision dated January 12, 1993 and the applicant's request for reconsideration dated January 26, 1993 and offer the following comments: 1. Rezone Recommendation No. 3: Staff agree with the intent of the condition to set upward limits on the percentage of condominium units which may be rented. Perhaps the condition could be revised to allow up to 50 % of the units to be rented out at any one time, provided that those units are either owner occupied or owned by individual owners who own no more than two (2) units in the project. 2. Site Plan Condition No. 12: Development of a sidewalk on the east side of Lake Washington Boulevard may be physically and economically unfeasible because of the location of the shear bluff with respect to the eastern edge of the right-of-way. We believe that a sidewalk on the west side of the street would work if the applicant is also required to construct crosswalks at the main entrance driveway and at the north end of the site. Finally we believe clarification of this matter will be necessary for Board of Public Works approval of a sidewalk on the west side of Lake Washington Boulevard. 3. Site Plan Condition No. 13: We assume that one of the two required "hill climbs" would consist of the currently proposed pedestrian walkway along the driveway to the upper portion of the site. This walkway in combination with a hill climb/stair in the vicinity of Buildings "E" & "F" would appear to satisfy the need to circulate between the lower and upper portions of the site. In staff's opinion, construction of any additional hill climbs or stairs could be disruptive to the site's steep slopes and greenbelt areas. 4. Site Plan Condition No. 19: At the December 15, 1992 Public Hearing, staff presented a site phasing recommendation similar to Condition No. 19. During the hearing, staff also pointed out in response to discussion of phasing problems by the applicant, that there may be alternative phasing schemes that could be considered. In looking at the phasing question again, we believe that Site Plan Condition No. 19.may possibly conflict with Condition Al b) contained in the Bluffs .Mitigation Document (issued October 9. 1992) which required: • "In order to minimize disruption of steep slope areas, the geotechnical/hydraulics consultant(s) shall prepare a construction phasing plan and erosion control plan 'for all grading, clearing and re-landscaping within the 40% slope areas with the exception of the entrance road and the northern maintenance road, prior to the issuance of a Grading Permit." We don't believe that it was the either staff's or the Examiner's intent to grade the entire site before the issuance of building permits. Rather, we were all concerned that roadway and infrastructure improvements be installed first. A simple way to resolve this matter would be to delete "site grading" from item 1) of Condition No. 19. We hope that these comments may be useful in your deliberation on this matter. If you have any questions please call Paul or myself. Thank you. memo2 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM • DATE: December 11, 1998 TO: Jana Huerter, Gregg Zimmerman, Jim Shepherd, Lee Wheeler FROM: Clarice Gomes,x-7263 60-0/1/4--. r- SUBJECT: The Bluffs at Lake Washington Attached are additional materials which will be discussed at the next ERC meeting on Tuesday, December 15, 1998. Thank you. cc: Jim Hanson Sue Carlson Mike Katte,uiann Chuck Duffy Larry Warren attachments A III■ III■ III■ December 9, 1998 PARTNERS LEGACY Ozve Op'�IEN,,N,,p Legacy Partners Opi CANt 1756-114th Avenue SE,Suite 135 Mr. James C. Hanson ®E EN7p �/NG Bellevue,WA 98004-6931 Director, Development Services C Phone:425.455.4813 City of Renton �C 1998 V Planning/Building/Public Works F/ �D 1055 South Grady Way Renton, WA 98055 RE: The Bluffs at Lake Washington — Minor Site Plan Modification Dear Mr. Hanson: As discussed in our meeting last Friday, Legacy Partners has been evaluating a return to the previously approved site plan with the minor modifications outlined below. Enclosed is a copy of the approved site plan that identifies the proposed minor modifications. The purpose of this letter is to confirm the proposed minor modifications are acceptable to the City. The proposed minor modifications include: 1. A reconfiguration of the areas of disturbance to the benefit of the adjacent single family development. Grading is no longer proposed in the northern portion of the site resulting in a five acre undisturbed greenbelt adjacent to the existing single family development. This will result in less site disturbance, as compared with the existing approval. This change is a result of the revised primary and emergency access approved by the City of Renton Fire Prevention Bureau on July 29, 1997. The revised access to the upper terrace includes a cul-de-sac turnaround, a 26-foot wide two-way drive and a 20-foot wide emergency access and pedestrian corridor. 2. A redesign of the access in the lower terrace to respond to current fire and life safety requirements. This change improves access in the lower terrace and refines the grading to provide for the development of one additional residential building. This new building area will increase the number of proposed units from 165 to 180 units. Based on the above information and the enclosed plans and materials, Legacy Partners respectfully requests that you concur that the site plan modifications are minor and that no additional site plan review approval or environmental review is necessary for the proposed modifications. The site plan modifications do not result in a substantial change to the approved site plan or to the potential environmental impacts associated with development of the site. These environmental impacts will continue to be addressed by the mitigations found in the October 9, 1992 Mitigation Document, which will continue to apply to the project. The Bluffs III■ December 9, 1998 III Page 2 III■ LEGACY PARTNERS It is our understanding that if you concur that the adjustments are minor, we may proceed with the revision of the development agreement with the City Council. As such, a revised development agreement is enclosed for your review. Thank you for your attention to this request. Please call me at 425-455-4813 if you have any questions regarding the proposed modifications or if you require additional information. I look forward to hearing from you. Sincerely, Scott Springer Senior Vice President Enclosures cc: Jack McCullough Jana Huerter Larry Warren 'The Bluffs' -Renton,Washington Project Statistics Comparative Analysis-December 8,1998 This summary compares the modified Legacy Partners proposal for The Bluffs with the site plan approved by the City of Renton under the Property Use and Development Agreement of March 8, 1993. All areas represented are approximate. Statistic March 1993 * Modified Site Plan % Change a Gross Floor Area 214,500sf 232,510sf + 8.4% b Units 165 180 + 9.1% c Building-Footprint 80,200sf 84,480sf + 5.3% (Apts, garages, Rec.) d Paving, Roads, Walks 134,450sf 143,300sf + 6.6% e Lot Coverage. 214,650sf 227,780sf + 5.8% f Developed 11.2 AC 11.7 AC + 4.4% g Open Space 11.4 AC 10.9 AC - 4.4% h Natural Open Space 0 AC 5 AC Approx. N/A I Total Site Area 22.6 AC 22.6 AC - * 1993 statistics based on approved site plan cover sheet information. I • r \ • i \1 Bt. - i • • . . . • t . . .. 1 1 1 1 . - 1 . . . • . • _ $ Li 0 . . . .-t.PcrE • . - - . • • , . , - ._ . . _ - . . . . ...--- .. -- sr.c-3- 12 - • . _ „.... . • ame_11. ....,' ‘4111/11,4, • , . ... . ... -••••• \ 1 'IVIND. ."'" . • ...------,, ......../ ' '‘,‘‘N. • . v i--------- . .____ , 1 ___••••.oin'otr..., rt. ,. - -,.... : : , ., , \1 • _..--0--,.. AC7.2ar.,„<_ . ....'..-"....".*•.''' ''''''."...'"-...'..'•-::,,:" .."*I'.'"'", '' —,,,,,,,,- ".......'k''. gULILl'in-lis-::4:..-- L. _ ,2' -' '••--. '---.---.....s MI m n 1 ,„,„..,„,.. ....„ .....,t/SPNALT1 a, ..t.,Atia.... _... 41___. 2.7....7..staiantEleplier: • _._....__,_,,, I \\ itY' C NO PEV,EPNAO•t•Vri. I Th---.... N'r„, 1-1 MIpsi1 mg ../ I . 1P1 .---i. 111Clift".•■•• . ......; r .... ;-0,,.i. 1: / , \ \,;,,,t.\\\ •.' ... 7. 4.44110-11111 E '11 '- . _ -., -,„„. . ... \ • , itir, .......... _. ......3 ....Th,, al-7 e 7 • • \ , /4"------.,-_____j ''...- SrcC-TDIZ.C. ______._...._5____--1.. -•- . • ------------ —______ .........- / . ----:\ N...,-------;..---____.----- i • / . / • • — _ /77-- --•-- - - • .• ft.—Q.1 .....— il\ --------\ \\---- ..---- .. . . ..-_-_-.--_- —____, _..... .._ _.,.‘ i // • . N..------ - TIO.„...--.. OlLt GAM.ILO.PLEVA II .......... _., . .... ' . --'-- • 0 __._...-----. 7-.71.a.,,,421/4 - ,...4.1:41Pr ..' 1101\ \\ • • ,---- f • • ' t:----. ..-.......4.1 • \ , \ 7/ • ... • . CONDEMN=LECIALDESCRETION 1,44 . iiiiitt4,A,4413/41,4'\i',01.1,-.----;("000.1r .6 ...:10.01:, \\// • for • ' ITIEHLUFFS •of wo by • • Trans 317 Omagh 323,331 taxon 338.:+44 dough 314 itid 343 Booth 333.C.= - I I I Moto InkeiVabingtos 0=ES Edo,DI1431.No.3 Boarding to tapir:good as bDcindni In WO.11 O nor.POO Attar&anti Donny,Wartington . -, • AND dan Mao a O.P.:Mr Doo Word Connoier Newmssiolleenradgbt.r...7 . ... /- - . !On•trip of d 00 D ha 1ot old.1109114 co Oa nott CoCm oly promo:Oa a! \ \nor 3 . . . the orb llint at old 34 rad bin the south by Oa wasaly prodnalooCodm o rta • _....• hno of sad oot317: ..•••• . ,..{...--- • AND to portion of WA Mono(oDA ND.200 Soto snd SE 1040 Soot)414 . within minimal dskroef.tyl ' ‘ '..'e. • CD WO UDE . DOC . \_ „,....• FAczenmo inelor2.034,ray Fazio oils aboodocribertprogarty iyingoraii of DB • _ illi Z ' wooly rook&Priory them Higinna•No.I(SR 401)arid woody of the Booty .---.-----. atoptatl.OnWarbinpon.131.4.Nonto ---• • • watts:it by ty i4217O23.3itnose Felon f Lobo V Bo iz iabv:141.7,oted Ci allies= i .i ...•------' . ....." rdAr.tnE l i — • . Luk-044-89-ECF;.R,5A . . _ .... • . HE CLUFFS . . SITE PL.Axi\l' • . . . . . • • cosummommr ABOONITBIDVO • . . . . • • ' MONT NO.'M... . ITEM bro.4.S4-0 51;, --1 Tile. Te=4-2_,Fre7 e LAr- -. WkS4-1tgenD --____ • 51T . FL,604: NAINIcgo . 1,40tipickTtot4 . . . IQ::200 Lou . . . It /9196 • , . . . • - • . . .. . • CII—rllj`- OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen December 9, 1998 Scott B. Springer Senior Vice President Legacy Partners 1756 114th Avenue SE, Suite 135 Bellevue, WA 98004-6931 Re: The Bluffs at Lake Washington; File No. R; SA-89-044 • Dear Mr. Springer: By letter dated November 25, 1998, you requested that a revised Property Use and • Development Agreement for the referenced development be accepted and processed with your November 24, 1998, extension request. The letter was placed on the Renton City • Council agenda on December 7, 1998, and referred to the Council's Planning and Development Committee for review and recommendation. You will be contacted by the Council secretary when this matter is scheduled on the Committee agenda. If I can provide additional information or assistance,please feel free to call. Sincerely, • Marilyn 11. ersen City Clerk cc: Mayor Jesse Tanner Council President Bob Edwards Jana Huerter,Development Services Division • 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 /FAX(425)430-6516 Q iK■TL.ic n�ner nnnla inn Clio/rnn.rnlnr/m�lur'r�l 'Jflo/.,, $rnn�rimnr x ���� � � , DEVELOPaE paVlCE' CITY OF-RENTON DEC I a i DEC 151999 .0 COUNCIL REFERRAL TO ADMINISTRATION CITY OF RENTON FIVoCIVED PUBLIC WORKS ADMIN. TO:1 Gregg Zimmerman DATE: 12/09/98 FROM: Marilyn Petersen LOG#: N/A On 12/07/98, Council referred the following: Letter from Scott Springer, Legacy Partners, 1756-114th Avenue SE, #135, ellevue,WA 98004, requested that revised property use and development agreement for the Bluffs be processed along with extension request. Referred to Planning and Development Committee. V?WGlal Please respond by: Prepare memo to Councilmembers via Mayor. (After Mayor's approval, Mayor's secretary will copy for Council and Clerk and return copy to you.) Prepare memo to Councilmembers via Mayor and include attached letter with memo. ' (After Mayor's approval,Mayor's secretary will copy for Council and Clerk and return copy to you.) Prepare letter(s).to citizen/agency and submit to Mayor for approval. (After Mayor signs off, Mayor's secretary will copy for Council and Clerk and return to you for mailing.) XX Schedule matter on Council committee agenda. Call Council secretary ASAP. (Copy of response to City Clerk not required.) Other: PLEASE REFERENCE LOG NUMBER ON ALL LETTERS. Please complete request ASAP. Thank you. . Request completed on Staff time to prepare response Comments — WI tt74 Rtco orfl F:TURN TO o:rcerfa :C II;Coin Contract Rezone. The Bluffs 1 • 1 PROPERTY USE AND DEVELOPMENT AGREEMENT • THIS, INSTRttMENT is executed this date in favor of the City of Renton, a municipal corporation (the "City") , by the undersigned property owners (the "Owners") of the within • I described property. ' W I T N E S S E T H: WHEREAS, the Owners are the owners of the property legally • described on Exhibit A attached hereto and incorporated herein by this reference (the "Property") ; and 'i WHEREAS, the Owners' representative has filed a petition Ir •. •• u • •?� Minder File.•No. •R; f SA-04e-89 or a rezone cf thy Property from . . CT) • O Single Family (R-1) to multifamily medium density (R-3) with site Aplan approval and subject to a contract rezone; and , p) WHEREAS, the Development Services Division has recommended v. .I - approval of the petition subject to a contract rezone and site plan approval, and with conditions and mitigation established by f`i I the Environmental Review Committee; and (t WHEREAS, the Hearing Examiner has recommended approval of 1 i 1 the petition subject to the terms and conditions set forth t herein, and has granted site plan approval subject to conditions; and 1 - i WHEREAS, the City Council has found that the proposed use •. •--an development IA•the Property complies with the .goals and z::1 -'• • •• -1. s;: .v • . , �1L' 1S0 S�E0938 AlAM7 wi-IN CogEt StfA-L�10� . . • e: jjj »..w,�, p�Q. y 0 - _ ., , .f — e. .,q.N 7rMM�r+.•�n;rrw...Y.w+„a!MY,.. . Itj, r 6„:„..„,_..___...:,,,,,..: ,..--r..--.,,,..:,.-.N..,As.,,.:.,:f,!........1;...t lv..1„..?..F...,..„:1/,.1 4402:-AL.,.../.. • .•7.:,r p•.1 sr:fi.`-.1Ty I;...-.1;te;....it,7..!W.ri r...4k.i u , wr ai i � ..“ .t ,b tc. ...• 4. .l,_.5 _ i rti is.l...h•e,M•1 •.r �•�% s..rt • • • policies of the Comprehensive Plan, is in the public interest, and will not impair the public health, safety and welfare; and WHEREAS, the City Council has approved the rezone subject to the terms and conditions of this Agreement, and subject to the execution and recording of this Agreement; NOW, THEREFORE, the Owners hereby covenant, bargain and t ' agree on behalf of themselves and their successors and assigns i that they will comply with the :cliowiny conditions if the Property is rezoned to multifamily medium density (R-3) or its • equivalent zoning classification: Section 1. Development of the Property shall be accomplished in accordance with the following conditions:• -- - A. Development of the property shall be in accordance Owith the site plan approved by the Hearing Examiner's Decision M and Recommendation dated January 12, 1993 ("Hearing Examiner's Decision") . Minor modifications to the site plan that are not major adjustments may be permitted subject to the approval of the Development Services Division. B. The owners shall execute covenants running with the land that establish the maximum overall project density of no more than 7.3 condominium dwelling units per acre; and that establish the overall project height at 50 feet as shown in the approved site plan and exhibits to the Hearing Examiner's -�- Decision. ....... . �:,�, '';:":yv - •� .i.x.. •- +- , • • • - 2 • • • Jam`. Aut�ti'h , .. _ _ - s "'++^Kl ;; •. 1 �7 a 1; ••' '+�{:.�• i•�.1J • iz - tiW.-11 • S 6 flH1 L6 - T - J. W C. The Owners shall execute a covenants agreeing to establish the project as a residential condominium complex. D. The owners shall comply with all mitigation • measures established by the Environmental Review Committee • Mitigation Document published •on October 9, 1992. E. The Owners shall comply with•the site plan approval 1 conditions imposed by the Hearing Examiner in his January 12, 1 7 111 1993, and February 5, 1993. Decisions. Section 2. This Agreement may be amended or modified by agreement between the Owners and the City; provided, such amended I agreement shall be approved by the legislative authority of the i . City by ordinance. , • • - Section 3: It'is''further expressly agreed that in the event Qany covenant or condition or restriction contained herein or any I CO • portion thereof is invalid or void, such invalidity or voidnessshall in no way affect any other•covenant, condition or restriction contained herein. Section 4. This Agreement and the approved site plan shall • be valid for a period of five (5) years from the date hereof • unless extended for an additional two (2) year period. In the event this Agreement is not amended or modified by agreement between the Owners and the City and construction of the project has not commenced within said time period(s) , the zoning of the property shall reve;t to the_zoning class.fication that most•..• .. • - closely reflects the land use designations for the Property as • - 3 - ,1/WO.Ns ` , — e .. ; _t .. 1 \ dl;•'%;'• •• ;1•7r ram;t ,.`•, _v, 0'.:" 3" 2 - C - ' v •.l% ,: +.IQ1 . .. T� '...— Z' -".• 't ',.rYl� 11 •iAfl!':�� 1:;:i' In•tl.: / /• 1 ••. _ .:.q .i r .. � p..�..; .�. .. .r. F• . 7• •'• . 1'•rl.Jz1� ����.lL.� tV " H1.1n!'l 1 :.7C �• � f'16-1 �1 ) � — C i — � !� W • —. .. -•— .o!'. .—— . . . ... . .-— - .. --- -...fal�•m. _...m... / .:.� ��.. .. • • ii ': !; depicted on the City's 'then current Land Use Map for the .! Comprehensive Plan. DATED this A is -day of r4i%1 /,L , 1993. ®/ i OWNERS: • igi / 2Z4 . C1"cg-neettst- Ce •T • :--T.Th•ill,/ l'":97t ithet .m. 1A,Ye•4...‹...‹Sfr/..„..f.„.. r-f):4 . 2. �► .. .r . STATE OF WASHINGTON ) c- �� -i• Q7 .ar . .. ) . .t . I . . . .-i: . .. •-. .. .Q COUNTY OF KING ) IL ' `d- On this day personally appeared before me-rie, ,r,s fM (ekc , to me known to,be the individual who executed thgg within and a foregoing instrument, and acknowledged that , .t signed the instrument as J.;1 • free and voluntary act and deed, for the _ t`� uses and purposes ,therein mentioned. 1 IN WITNESS WHER OF, I have hereunto set my hand and seal this PI= day of Q•.. ; 1993. • NOTARY PUBLIC inand for the .• . State of. Washington, residing • at j �d MY commission expires: • 14.4c1 STATE OF WASHINGTON ) `i "f'<�COt,JNTY;O? KING- 3 ';,.. ;1•.;•':• :`:•.::. .,.. On this day personally appeared before' me 7pc,j�w uakti , - , to me known to be the individual who executed the within and foregoing instrument, and acknowledged that J, signed the of J,. .raa.a��, • 4 i •� _ ' •�" aY trlitG.f.. ' .. . .•... .. !t.).. r.. -.... .., t...S:r, .J^ .Ta•G sV._ i" •-_a.. ;• . ,‘'•'•t1.H.•1T:2e•i ,u,... • ! Jr • - A tiWfld_IL ZS = 6 f1H _IL 2.6 _ SZ t _ Atiw • r•MP..,1 • • instrument as free and voluntary act and deed, for the s uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal this el" "day of r1•L-e1r, , 1997. • lit NOTARY PUBLIC for the State of Washington, residing • at Fk��..� ; My commission expires: . Y4444• • STATE OF WASHINGTON ) COUNTY OF KING On this day personally appeared before me 7,t,„1;,se g rf,,,,� , to me known to be the individual who executed the Within and foregoing instrument, and acknowledged that <L, , signed the =— l instrument as Eva free and voluntary act and deed, for the uses and purposes therein mentioned. .: .. IN WITNESS WHEREOF, I have hereunter4set my;hand and seal O this 'i.e. _ day of . t.A , 1993• Cn �n1kXck4~7 NOTAR PUBLIC in and for the • State of Washington, residing at lay01.7,r‘,.1 ; My commission expires: 9.1f./•t STATE OF WASHINGTON ) COUNTY OF KING ) On this day personally appeared before me joytp to me known to be the individual• who executed the Within and - - foregoing instrument, and acknowledged that signed the instrument as �,1•t free and voluntary act and deed, for the -L_9^ I • uses and purposes therein mentioned. . • • Tr ..� 4•� I - 5 - 4- • ,hn.(4 D61 ti •, • r f / E'er j R • E �t$ •} • y.r�.Y2StiS ./_.•/p'1 ..r.. ... ._...- I. Zu — - S7 y• . . , . . r . . . . -. _ . .1 ' • 8 He III IN II I. • III. 0 4,_lli ' . 1 ,--. ' ' • __ . —....- . _- ._ . . —___ .. . i 6 . i i . .6. ' ....p...,..„ I 1 i ! 1 I. I ; 1 IN WITNESS WHEREOF, I have hereunto set my hand and seal . . this • it',4 day of rt.....i. . 1993. 1 1 1.1Ar.: r,Z-0..S NOTARY cUSLIC n and for the State of Washington, residing • at p5,11,3,.0., ; My I 1 . . STATE Of WASHINGTON ) ) commission expires: 4.14.614 '. COUNTY OP (INC ) I r On this day personally appeared before me JJY 6 to me known to be the individual who executed the w h n end ! .. foregoing instrument, and acknowledged that signed the . 1 I instrument as .9.1i_ free and voluntary act and deed, for the Iuses and purposes therein mentioned. I IN WITNESS WHEREOF, I have hereunto set my hand and seal ._. this fr-1 day of 1-14.k. . 1993. . . • :: ' I 1 1-- • • ' - • . 07. • • • CD •-g± • c,--) NOTARYPUBLIC in and for the i State of Washington, residing at OrM‘te,..46( ; My • 1 commission expires: k.14.Aq • STATE OF WASHINGTON ) • . , ) f 1 . COUNTY OF KING ) 1 : On this day personally appeared before me ______________ to me known to be the individual who executed thi .nanot 1 foregoing instrument, and acknowledged that .1.1-...., signed the 1 instrument as -L.'. free and voluntary act and deed, for the uses and purposes therein mentioned. ! r • , • 1 L 1 ,.. 1 . ' . • • • ... f•- • 1 ,t ',. . - 6 - v.,.. ,..k • ,.. .. -, , . -.• r, . i' . ...- . /.4.....x.,„*,t, .-7;-,47—,---7---.----;------- -----,:-t7-------":74.--7 7-:-.N.r.:17 :ir.,..---N, . . .: ,._ ......!...; ..-_-:-: :,,:?4,-r •4.::.k _ . f,,40..,‘, 41s..t-3-1,--, -— -_.'. : .. _-__:.....--....- . , .!.ei.:.._:..2,...-4.f";_fai,,,,rwi.-01,.:,,L.,,-. . . •,......,•.. . ... . ,... f -.; .-.. . • .. .I.C.....J>::A-,--...-.I'.. ....,.%.-:',.•',..!:,.."-V.V..,.6‘0104..- • C - 12 i".-1 ri 0 1. SZ 0 2 ti. 1-1 FA JI_ 2_6. -- 0 T —• , _ . _ .,•• • ..--• .••• • '"'"'" •"" ' I • • • IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1993. • NOTARY PUBLIC in and for the - State of Washington, residing at _ commission expires: 1.4-0.41L,My • " • • . . t-- •47, Co Cr: C=3 • cr; • . -•,• • •-s .. • • • !•>-•;;: . • . •: ••••::•;%1 • , •:14..4. 4 • • •• • ;lea •• ; •• • . . •• •:•• •-•4%. • " . — 7 - • 4 4. • . •. .•. • ,'••••;• 1.1 1—• ire I 1; rl 0; -- CZT -- J% ei 14 PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT is executed this date in favor of the City of Renton, a municipal corporation(the"City"), by the undersigned property owners (the"Owners") of the within described property. WITNES SETH: WHEREAS,the Owners are the owners of the property legally described on Exhibit A attached hereto and incorporated herein by this reference(the"Property"); and WHEREAS.the Owners obtained approval in 1993 for a rezone of the Property 1 and Site Plan Approval for the development, subject to a Property Use and Development Agreement recorded at auditor's file no. 9304130971,records of King County, Washington(the"Development Agreement"). WHEREAS,the Owners' representative has filed a request-petition under File No. R;SA 044 89 to modify the Site Plan Approval and amend theDevelopment Agreement for the Property ft>, .t. Single Fa i, ( ,)to multif mily r , ill{ LV 1aaM r ; and WHEREAS,the Development Services Division has recommended approval of the amendment of the Development Agreement zed Review Co mittee; and WHEREAS,the Hearing Examiner.has d4tiens-set-forthheren, and-h granted a modification to the site plan approval subject to conditions, and • NPUCKIDATALLEGACYITHE BLUFFS'iSlTEPLANAMENDIREVISEDPUDA.DOC 1 P • WHEREAS, the City Council has found that the proposed site plan modification and amendment to the Development Agreementose-anc-develepment-ef-the eperty complies with the goals and policies of the Comprehensive Plan, is in the public interest, and will not impair the public health, safety and welfare;and o the execution-and-recording-of-this Agreement; NOW, THEREFORE,the Owners hereby covenant, bargain and agree on behalf of themselves and their successors and'assigns that they will comply with the following conditions if the site plan modification and-amendment to the Development Agreement for the Property is approved_ The provisions of this ordinance shall replace and supersede the provisions of Ordinance No. , which originally approved the site plan and Development Agreement for the Property. Section 1. Development of the Property shall be accomplished in accordance with the following conditions: A. ' Development of the Property shall be in accordance with the site plan approved by the Hearing Examiner's Decision and Recommendation dated January 12, 1993 ("Hearing Examiner's Decision"),as modif ed bathe site_plan modification'approved by the Hearing Examiner on ,.1998. Minor modifications to the site plan that are not major adjustments may be permitted subject to the approval of the Development Services Division. WUCIMATALLEGAMITHEBLUFFSSlTEPLANAMEND%REVISEDPUDA.DOC2 • B. The Owners shall execute covenants running with the land that establish the maximum overall project density of no more than 7.93-condominium dwelling units per acre, . •rt, n t, tt e + • + + t,t• t, th t • ct 5 ' e DC. The Owners shall comply with all mitigation measures • established by the Environmental Review Committee Mitigation Document published on October 9, 1992, as amended and supplemented by the Addendum Decision on November 3, 1998. &D. The Owners shall comply with the site plan approval conditions • imposed by the Hearing Examiner in his January 12, 1993,and-February 5, 1993,and December , 1998 Decisions. ' . Section 2. This Agreement may be amended or modified by agreement between the Owners and the City; provided, such amended agreement shall be approved by the legislative authority of the City by ordinance. Section 3. It is further expressly agreed that in the event any covenant or condition or restriction contained herein or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction contained herein. Section 4. This Agreement and the approved site plan shall be valid for a . period of five(5)years from the date hereof unless extended for an additional two (2) year period. In the event this Agreement is not amended or modified by agreement WPUCKIDATA1LEGACATHE BLUFFSISITEPLANAMEND%REVISEDPUDA.DOC3 q r�: between the Owners and the City,and construction of the project has not commenced within said time period(s), the zoning of the Property shall revert to the zoning classifications that most closely reflects the land use designations for the Property as depicted on the City's then current Land Use map for the Comprehensive Plan. DATED this day of , 1993-9. II PUCKIDATAILEGACYITHE BLUFFSISITEPLANAMENDIREVISEDPUDA.DOC4 III■ III■ December 3, 1998 III■ LEGACY PARTNERS Legacy Partners James C. Hanson 1756-114th Avenue SE,Suite 135 Director, Development Services Bellevue,WA 98004-6931 p Phone:425.455.4813 City of Renton 1055 S Grady Way Renton, Washington 98055 Re: File No. R; SA-044-89 The Bluffs Dear Jim: Legacy Partners ("Legacy") is the current applicant for the above-referenced project. As you are aware, Legacy has submitted plans to the City of Renton for a modification to this project, and we expect this revised proposal to be reviewed in the City's process over the next several weeks. In the meantime, Legacy is also making preparations to proceed with the existing development approval, in the event that the proposed modifications are not approved, or are conditioned in ways that render the revised project infeasible. For this reason, we are writing to outline for you the timetable for building permit submittal under the existing approval for The Bluffs. On January 12, 1993, the City's Hearing Examiner issued his Report and Recommendation for the project(the"Decision"). Condition No.19 of the Decision provided for phasing of the project, and required that all site preparation must be completed for all portions of the site before issuance of any building permits. On January 26, 1993, a representative for the applicant requested reconsideration of this condition, and by letter dated February 5, 1993,the Examiner responded as follows: This condition will be and is hereby altered to reflect that any phasing of the project which may occur shall make provisions for the needs of emergency access as required by the Emergency Services Departments and that all storm water utilities be designed by the applicant and approved by the City prior to the issuance of any Building Permits. The original intent was to limit the exposure of early residents to continued disruptions in the event the project was phased. We are now writing to outline the phasing timetable for the project, consistent with the Examiner's revised condition. The project will proceed in the following phases: 1. Phase 1. No later than March,9; 99,the applicant will submit the following applications: III■ III■ Page Two III James C. Hanson- City of Renton LEGACY December 3, 1998 PARTNERS a. A building permit application for the structures to be developed in the area designated as"Phase 1" on the attached site plan, together with grading and drainage plans for Phase 1; b. Evidence of coordination of emergency access plans to serve the Phase 1 area. 2. Phase 2. Prior to issuance of building permits for Phase 1 development, the applicant will submit the following: a. A building permit application for the structures to be developed in the area designated as"Phase 2" on the attached site plan, including grading and drainage plans for Phase 2. Thus, it is anticipated that the project will be built out on a progressive basis, fully in compliance with the conditions imposed by the Hearing Examiner on project phasing. We would like to confirm this phasing schedule, and the fact that compliance with Phase 1 application requirements will permit Phase 2 of the project to proceed in accordance with its_phasing schedule, even if application for Phase 2 is submitted subsequent to March4998. We would appreciate it if you would confirm this phasing schedule by countk i'gning this letter in the space provided below or by providing us an independent confirmation in writing. Thank you for your attention to this request. Yours truly, Approved: Legacy Partners Residential, Inc. Scott B. Springer es C. Hanson Senior Vice President irector, Development Services City of Renton SBS:co • • coo/Jarma 'a grams.taa. .t.Wt.1w.L ti.t Y M..p.t..4.N..4 l..tr.. M8.4.1.4 4.Woe. . \ G IJ �__ . . . ( . . . . X • . 0 - , gillIMIMMICe GGLO k.tdt..tsr•d lasa.r Nolen .r�.rr1 1b Clt l Willti a.4cq tin twit k. .a.5as4 lilt Seeds.T.dbttat Nlll-tltl P1+..e OM 440-fait l (tCd)417-0627 • 'THE BLUFFS AT Lu LAKE IUASNINCxTON APPROXIMATE PROFILE FENtat,t114444Wrai Ce iii BUILDING 'F' BEYOND kr O AS I ND I GATED CONTRACT . LrraLx T=PAW tY REZONE R-EA-OO4 ' — a. 7 =T1 PG ramlain 7 A MAJORAVICII GET9mlA1101 Tom` NI PROPOSED GRADE / t AH-i kOXIMATE LINE OF GRADE AT i PREVIOUSLY• PROJECT NO. PROPOSED BUILDING 97131.00 LINE OF EXISTING GRADE ra, c t RIS SECTION AA 0° SCE r.a.-c SHUT No. g� • 1 R 0 cAMFN of Tp /14� RFNTp�1‘41NG CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS Ot, • MEMORANDUM cO DATE: December 3, 1998 TO: Peter Rosen FROM: Gregg Zimmerman 6 SUBJECT: The Bluffs at Lake Washington,Request to Modify Parking Standards Peter,I would accept your recommendation if the tandem stalls were longer than 32 feet 4 inches. However,from the sample car sizes submitted,very few of the combinations would comfortably and practically fit in the tandem stall. The four combinations listed allow a range between 2-feet and 2-inches all the way down to a mere 5-inches for clearance. Than means that the first car would have to be parked with the bumper virtually touching the rear wall,and the second car would have to be parked virtually bumper to bumper with the first car in order for the garage door to be closed. I believe the clearances proposed are too tight for the stalls to be reasonably used as tandem stalls. In my opinion people are not going to want to carefully jockey their vehicles at risk of denting the wall or dinging their bumpers in order to fit two cars into the garage every time they park. I believe the difficulty and hazards of fitting two cars into the garages will reduce or eliminate use of the garages for the parking of the second car. Therefore I think that each garage should only be counted as 1 parking stall. Because of what I see as the impracticality of parking two cars in these tandem stalls,I feel that the proposal fails to conform to the intent and purpose of the Code. If an additional 4-feet were added to the length of the tandem stall(36 feet 4 inches)I would accept your recommendation of allowing a count of 1.5 parking spaces per tandem stall. Please provide the name of the file for your memo, and I will write a response letter. Also,I will need the project number. Thanks. cc: \\TS_SERVER\SYS2\COMMON\Document2 • • ING S ..:.::..:..... �.IVN On the 1 tr day of Dece.nn'oetr' , 1998, I deposited in the mails of the United States, a sealed envelope containing - Reco rk' -40. tiea►r t m.P EV.J.UNN t documents. This information was sent to: Name Representing • Sc 6Ct Sprtiinorx' Lega,,ti Pa 'vNelrs Res tdetiktal �v►c. P Pe1 ow+netr5 Sec istta �a.d) • (Signature of Sender) 5ray.e:111t. Ie•-• Se ea er ' STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that � c oe 9- -P� signed this instrument and acknowledged it to be his/her/their free and voluntary act for t uses and purposes mentioned in the instrument. • Dated: 1 Notary Public in a d for the State of W ffington Notary (Print) MARILYN KAMCHEFF My appointmentee1i ZSION EXPIRES C/29/99 Project Name: f3(tr:frs Project Number: Cum •Bei o _ "B'r 9•� �slot H NOTARY.DOC Cyrus McNeely Helen Shook Warren Vaupel 3610 Park Avenue North 1401 North 24th St PO Box 755 Renton,WA 98056 Renton,WA 98056 Renton,WA 98057 Richard Wagner Joan Jensen Darryl Ingelmund 2411 Garden Court North 2721 Meadow Avenue North 3 602 Lake Washington Blvd North Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Michael Hannis Cindy Smith Joanne Stewart Hannis and Olsen 1733 Jones Avenue NE 3233 Mtn.Avenue North 3900 East Valley Hwy,Suite 203 Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 . David Sager George Spencer Jane Tobin - 1025 North 28th Place 1809 Jones Avenue NE 7662 South 135th Renton,WA 98056 Renton,WA 98056 Seattle,WA 98178 Stuart Dooley Darryl Smith Bill Heath 2003 N.E. 16th 1733 Jones Avenue NE 308 Stevens Avenue SW Renton,WA 98056 Renton,WA 98056 Renton,WA 98055 • Jack Leach Chan Betts Mary Jo Graves 622 South 320th 1014 North 30th 905 North 28th Place Federal Way,WA 98003 Renton,WA 98056 Renton,WA 98056 Chalmar Bolen Graham Bell Shirly Milliren 2712 Meadow Avenue North 807 North 33rd 1020 North 28th Plae Renton,WA 98056 Renton,WA 98055 Renton,WA 98056 Edward Scheiner Ralph Evans Linda Babcock 3312 Lake Washington Blvd North 3306 NE 11th Place 2801 Mountain View Avenue North Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Kim Browne Fritz Brendemihl James Martindale 1003 North 28th Place 2116 High Avenue NE 9712-237th Place SW Renton,WA 98056 Renton,WA 98056 Edmonds,WA 98020 Thomas Cooke Mosley and Hazel Kirkman Matsuoka Tom 12630-84th Avenue South Pauline Kirkman 5150 South Orcas St Seattle,WA 98178 1002 North 35th Seattle,WA 98118 Renton,WA 98056 Joyce Segur 1100 North 36th Street Renton,WA 98056 • AFFIDAVIT OF PUBLICATION Lori L. Furnish first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 NOTICE OF PUBLIC HEARING a daily newspaper published seven (7) times a week. Said newspaper is a legal RENTON HEARING EXAMINER TON newspaper ofgeneralpublication and is now and has been for more than six months RENTON,Hearing will b held A Public will be held by the prior to the date of publication, referred to, printed and published in the English language Renton Hearing Examiner at his regular continually as a daily newspaper in Kent, King County, Washington. The South County meeting in the Council Ch en the ambers seventh floor of City Hall, Renton, Journal has been approved as a legal newspaper by order of the Superior Court of the Washington, on December 8, 1998 at State of Washington for King County. 10:0o AM to consider the following The notice in the exact form attached, waspublished in the South CountyTEions: THH E BLUFFS Journal (and not in supplemental form) which was regularly distributed to the subscribers LUA-98-162,SA(89-044) during the below stated period. The annexed notice, a Proposal to modify an approved site pia and construct 174 residential units in 26 buildings. Location: Lake Washington The Bluffs Blvd. North, between NE 4th and NE 22nd Streets. Legal descriptions of the files noted as published on: 11/27/98 above are on file in the Development Services Division, Sixth Floor, Renton City Hall. All interested persons are invited to The full amount of the fee charged for said foregoing publication is the sum of $36.06 be present at the Public Hearing to express Legal Number 5471 their opinions. Publication Date:November 27,1998 Published in the South County Journal November 27,1998.5471 Legal Cle , outh ounty Journal Subscribed and sworn before me on this i ay of fr-C' , 1951 . 111n'If l/r.1 �.�-.C1l X l' • • " .g810fi iz•..te `9Ai,�e��'� Notary Public of the State of Washington • CI tot r,y % residing in Renton King County, Washington • ma _• ll!llllll Page 1 of 2 November 24, 1998 CITY OF RENTON Mr. Peter Rosen, Senior Planner RECEIVED Project Manager NOV 2 4 1998 Development Services Division 1055 South Grady Way Renton, Washington 98055 uirt_i.11Nu DIVISION RE: Comment on The Bluffs Land Use Application Land Use Number LUA-89-044,SA-H CC: Gregg Zimmerman, Jim Shepherd, Leslie Betlach and Glenn Kost. Dear Mr. Rosen: Please accept our comments on The Bluffs land use application. We would appreciate it if you would integrate our comments into the Hearings Examiner staff report. 1. The Construction Mitigation Description states that "Hauling routes will be limited to Lake Washington Boulevard south of the northerly entry to Gene Coulon Memorial Beach Park." More information is needed regarding the hauling route. Which direction (north or south) will the trucks travel? We request that the trucks turn south on Lake Washington Blvd and commence onto their destination. Trucks should not be allowed to travel north on Lake Washington Boulevard or through Kennydale neighborhood streets. 2. We are concerned about the aesthetic impact the project would have on the park setting of southern Kennydale. It appears that two of the proposed buildings (circled, see attachment) extend to the edge of the bluff terrace. What does the applicant intend to do to screen the buildings from the west? We propose maintaining tree coverage on the slopes below the buildings. In addition, tall trees should be planted around the perimeter of these buildings to provide screening and minimize the perceived bulkiness of the buildings. 3. We request that a view/aesthetic impact study be completed showing the site characteristics before development and after development. Careful analysis of aesthetic impacts would aid in the identification of appropriate mitigation measures. 4. Mitigation fees applied to the application should be updated to 1999 fee schedules. Attachment C (Compliance with January 12, 1993 Hearing Examiner Recommendation and Decision document) makes reference to a Parks Mitigation Fee of$108 per unit. Current fees are about $350 per multi-family unit. 5. Funding raised through mitigation fees (park, fire, schools, traffic, etc) should be used for projects within the Kennydale neighborhood. Page 2 of 2 6. The project narrative states that "... clearing and grading is no longer proposed in the northern portion of the site resulting in an approximate five acre undisturbed greenbelt..." This area constitutes more than half of the site's natural open space. We must insist that this area remains a natural open space in perpetuity. We request that the five acres be established as a Native Growth Protection Easement or other vehicle for binding preservation. 7. We have observed recent clearing and grading within the five-acre area open space. Is the property owner planning some type of development? 8. And finally and most importantly, we want to emphasize the site's value to the Kennydale neighborhood in terms of its natural open space qualities and recreational potential. The City's Master Trail Plan identifies the proposal site as a potential pedestrian trail corridor(see Historic Pacific Coast Railroad Trail description in the September 1990 City of Renton Trails Master Plan). We must insist that the proposal accommodate the wishes of Renton's residents for natural, forested trails. We ask that as a condition of approval, a trail right-of-way be established within the proposal's five-acre open space area (see attachment for possible trail location). An extensive pedestrian trail system was incorporated in the previous Bluffs proposal. The trail was a good idea then and is a good idea now, even in an abbreviated form. A trail would provide neighborhood residents a place to walk and enjoy nature and a place to walk their pets. A trail would also provide a connection for residents north of the project site to walk to Gene Coulon Park. In addition, the trail could be connected with the Kennydale Creek Trail (unimplemented project in City's Master Trails Plan) resulting in a loop trail system from Lake Washington Blvd, Kennydale Creek, the Pacific Coast Railroad trail, Lake Washington Blvd and Gene Coulon park. With construction of The Bluffs, Tamaron Pointe, and Labrador Ventures, the landscape in the southern Kennydale area will be transformed from predominately forested open spaces to campus residential developments. A coordinated effort to develop trails in the northern Bluffs open space area will provide a balance between the needs of the developers and the needs of the community. This is a real opportunity to provide the residents of Renton a valuable community asset. We ask that the City capitalize on this opportunity by coordinating trail development with The Bluffs property owners. Thank you for the opportunity to comment on this proposal. Please mail us a copy of the Hearing Examiner staff report when it is available. Respectively, Respectively, /) ac01-4-21^....& Mbstazi& Kim Browne, Kennydale Resident Marlene Mandt, Kennydale Resident 1003 N. 28th Place 1408 N. 26th Street Renton,Washington 98056 Renton,Washington 98056 \ •.,A \ ', '.' 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Straka To: Clinton E.Morgan;Peter Rosen Cc:Lys L,Hornsby Subject:The Bluff Project Site Plan Amendment-Storm Water Review Date: Wednesday,November 18, 1998 1:43PM The following are the Surface Water Utility review comments associated with the Site Plan Amendment information for The Bluffs project off of Lake Washington Blvd.near Gene Coulon Park. 1. The October 9, 1992 mitigation document and the Draft EIS for the project indicate that the project is required to provide detention and water quality treatment. The applicant submitted a drainage report that indicates that detention was not going to be provided and storm water would direct discharge to Lake Washington via offsite storm systems. The project should be required to provide detention in accordance with the approved EIS and mitigation documents for the project or redo SEPA for the project. 2. The project will have to provide detention and water quality treatment in accordance with the City adopted KCSWD Manual. Water Quality treatment will need to include biofiltration(Core Requirement#3)and wetpond/wetvault(Special Requirement#5) facilities. The applicant could construct an oversized wetpond/vault in lieu of providing biofiltration and a normal sized wetpond/wetvault for water quality treatment. The oversized wetpond/wetvalut is equal to the normal sized wetpond multiplied by a factor of 2.0. 3. A detailed drainage report will be needed as part of the plan review,approval which provided the information regarding sizing calculations for the detention and.water quality facilities and parameters. 4. The new wetland report should be compared against the previous wetland information provided for the site when the EIS was prepare to verify that the new information is consistent with the information previously provided. If you have any questions regarding these comments,please contact me at X-7248. 0, 01 , CITY OF RENTON Planning / Building / Public Works MEMORANDUM CONCURSENCta try"C�� � / DATE: November 18, 1998 5�^ 0 ,� TO: Gregg Zimmerman, P/B/PW Administrator Li A 6� �j� ‘11 FROM: Peter Rosen, Senior Planner I 41 / -• /Me4 SUBJECT: The Bluffs at Lake Washington - Request to Modify Parking = 11. '� Summary of Request James Lucking of GGLO, the architectural firm for the Bluffs, is requesting a parking code modification to allow for two compact size parking spaces in a tandem stall configuration, located within townhouse garages, to be counted as two parking spaces toward the total required stall count. The tandem, compact stalls would be 32 feet 4 inches in length. Background The Bluffs just meets the code requirements for parking. The code requires 1.5 parking spaces per unit and 1 space per 4 units for guest parking. The 174 units require 261 stalls and 44 guest parking spaces for a total of 305 parking spaces. The Bluffs is proposing a total of 305 spaces; with 48 tandem garage stalls inside the townhouses, 62 assigned spaces in separate garage buildings, 88 assigned carport spaces, 107 unassigned surface stalls. A total of 198 stalls would be assigned to residents or located within the townhouse garages, and 107 would be unassigned surface stalls. An additional 6 spaces are provided for the recreation building. The applicant contends that the proposed garages would still allow significant area for storage • in addition to the parking area. See the applicants attachments. The applicant's request involves two provisions of the Parking Code. The code allows compact stalls to comprise a maximum of 30% of required parking. The proposal includes a total of 76 compact spaces, equal to 25% of the total number of parking spaces. Therefore, the request for allowing compact stalls is not the main issue. The principal issue is whether the tandem spaces may count as 2 required parking spaces. The code allows tandem parking only for single family and duplex housing units. There have been several requests in the past to allow for tandem parking in multi-family developments. For Crystal Heights Townhouses, the Administrator's decision was to allow the 2 tandem garage spaces to count as 1.5 spaces. The logic being that the garage spaces should only count toward the needs of the townhouse residents, or the 1.5 space/unit requirement. Plum Grove also requested a parking modification to allow the driveway apron in front of the garage to count towards the required parking. In this case, the Administrator allowed for the parking aprons in front of the garages provided that they be designated as "limited common areas" on the recorded condominium units for the exclusive use of the individual condominium owners. Section 4-14-1.C.1.a. of the Parking Code allows the Administrator to grant modifications from the parking standards for individual cases provided that the modification meets the following criteria: .L_ 'J 1) Conforms to the intent and purpose of the Code; and 2) Can be shown to be justified and required for the use and situation intended; and 3) Will not create adverse impacts to other property(ies) in the vicinity; and 4) Will be made prior to detailed engineering and design. Analysis 1) Conforms to the intent and purpose of the Code; The Parking Code requires 1.5 parking spaces per unit and 1 guest space per 4 units, for a total of 1.75 spaces per unit. Allowing the tandem garage spaces to count as two required spaces presumes these spaces would be available for guest parking and/or parking for other units. Obviously, the tandem spaces would not be available for parking needs of other units. It is unlikely that the parking would be readily available for guests. Thus, the tandem spaces would count towards parking that should be provided for guests and/or residents elsewhere on the site. It would be more consistent with the intent and purpose of the code requirement to allow the tandem parking (2 spaces) to count only toward the parking required of the individual units or 1.5 spaces. There are 24 garages with tandem parking. The applicant is requesting these tandem garage spaces to count as 48 spaces. If the tandem spaces satisfy the unit requirement of 1.5, it would equal 36 spaces and the applicant would then require 12 additional parking spaces on the site. 2) Can be shown to be justified and required for the use and situation intended; As mentioned previously, allowing the tandem garage spaces to count as two required spaces presumes these spaces would be available for guest parking and/or parking for other units. The tandem spaces can be justified to satisfy the parking requirements of the individual units or 1.5 spaces rather than 2. The tandem garage arrangement is an efficient use of space because the narrow width of the townhouse buildings precludes double wide garages. It is preferable to satisfy parking requirements within garage structures, in order to avoid large areas devoted to surface parking. 3) Will not create adverse impacts to other property(ies) in the vicinity; and The proposal to allow the tandem garage spaces to count as two required spaces would reduce the amount of parking provided elsewhere on the site. However, development on the site is isolated from adjacent properties and therefore it is unlikely that overflow parking would spillover to impact surrounding properties. 4) Will be made prior to detailed engineering and design. The applicant has requested the parking modification prior to submittal for a site plan modification. This stage of design development is prior to preparation of detailed engineering plans for the site. Staff Recommendation Staff recommends that the Administrator approve of the tandem spaces to satisfy the multi- family unit requirement of 1.5 parking spaces per unit. Thus, the 24 tandem garages would satisfy requirements for 36 spaces and the applicant would then require 12 additional parking spaces on the site. I elk - " Liiirry OF RENTON V '� + + BOARD OF PUBLIC WORKS Jesse Tanner,Mayor ' • November 18, 1998 Bruce Dodds ' do DODDS ENGINEERS 4205- 148th Ave.NE,#200 Bellevue WA 98007 SUBJECT: THE BLUFFS AT LAKE WASHINGTON r .VARIANCE REQUESTTO=DRIVEWAY SLOPE 1600-1900 LAKE,WASHINGTON BLVD.N. . �3 K.L. . • Dear Mr.Dodds: • -'` K; . . ' ' As you know,the Board of Public Works voted this morning to:grant,a variance for the driveway •• slope grades at your proposed'development 'subjectto;the following condition: 1)The slopes be as shown on the plans dated November 1998, and,,that`the emergency vehicle road design shall include Fire Department Standards toaccommodate fire'vehicles.= If you have any questions or concer 'ns; please contact Paul Lumbert, Board Coordinator, at (425)430-7304: 'ncerely, . Mickie Flanagan, _" Recording Secretary cc: Paul Lumbert,City of Renton Anna Nelson,Stalzer&Assoc. Joseph Strobele,Legacy Partners Residential Inc. LUA File t. ' 1055 South Grady Way-Renton,Washington 98055 (425)235-2569 _ H:\DIVISION.S\BPW\CORRESPO\98-004.DOC Facsimile (425)235-2541 , CITY OF RENTON Planning / Building / Public Works MEMORANDUM DATE: November 6, 1998 TO: File FROM: Peter Rosen SUBJECT: The Bluffs at Lake Washington-Chronology May 1989 - Application for a rezone from R-1 to R-2 (low to medium density) and a PUD for an apartment complex of 6 buildings and 165 units. Application included a request to begin EIS scoping process, anticipating need for an EIS. (LIND, dem tif frE e Ct/DA/6 OZ1 . yfrtriaTED 6915189 May 1990- Draft EIS issued. February 1991 - Final EIS issued. May 1992 - Resolution 2878, Council moratorium on rezones and CPAs requiring them to be incorporated into Comp Plan process, exempted rezone projects in the pipe ine including the Bluffs. October 1992-Addendum to FEIS issued. Project apaVill aiged to a Contract Rezone (which the addendum states was required with Resolution and Site Plan Approval (which the addendum states would provide the same protections as under the PUD). The only site plan change listed in the addendum was for a modification to the driveway access, from two 20 foot wide lanes to a one 24 foot wide entrance drive with an internal turnaround. Both plans included the north end emergency access. January 1993- Hearing Examiner approval of the site plan January 1993 - Request for reconsideration of Hearing Examiner condition and recommendation to the City Council regarding a requirement to enter a covenant limiting more than 25% of the units from being rented. February 1993 - Hearing Examiner modified recommendation requiring a covenant be recorded to establish the project as a residential condominium but eliminating ownership percentages. Other conditions were either modified or left unaltered. March 1993- Development Agreement recorded. Cites approval of rezone subject to conditions listed in Agreement. Allows site plan to be valid,for a period of 5 years with the possibility of a 2 year extension. April 1993- Council adopted Ordinance 4398 approving the rezone application. March 1994 - Council passes Resolution 3042 which gives land use approvals an additional 1 year extension form the date of expiration. September 16, 1998 -Applicant requests determination that revised site plan is a minor modification to approved site plan. Submits copies of revised plans,justification.for minor modification (Attachment A), SEPA Compliance Document(Attachment B), Hearing Examinertompliance Document (Attachment C), Draft Development Agreement (Attachment D). October 8, 1998 - Jim Hanson denies request for a minor modification. Major adjustment requires Hearing Examiner approval. October 26, 1998-Applicant files application for site plan modification. November 3, 1998- ERC issues addendum to EIS. _ November 5, 1998- Notice of Application issued. Ccs�/ T — Or e C ( 6°\ Bluffs-Revised rc-1/449 Uckl, 56 • CITY OF RENTON . PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 5, 1998 TO: Kathy Keolker-Wheeler FROM: Jana Huerter • SUBJECT: Bluffs-Chronology • 1989 Application for a rezone and development of apartments. EIS process begins. 1990 Draft EIS completed 1991 Final EIS adopted The EIS described the project as a PUD. In 1992,following the adoption of the EIS,the development project was submitted for rezone and site plan approval. It appears that staff recommended the contract rezone over the PUD process for reasons of flexibility. January 1993 Hearing Examiner approved the site plan and recommended approval of the rezone. January 1993 Request for reconsideration of Hearing Examiner conditions and a recommendation to the City Council regarding a requirement to enter into a covenant limiting more than 25%of the units from being rented. February 1993 Hearing Examiner modified the recommendation to require that a covenant be recorded establishing the project as a residential condominium but eliminating ownership percentages. Other conditions were either modified or left unaltered. March 1993 Development Agreement recorded. Development Agreement cites approval of rezone subject to conditions listed in the Agreement. This document.allows the site plan to be valid for a period of 5 years with the possibility of a 2 year extension. April 1993 Council adopted Ordinance No. 4398 approving the rezone application. March 1994 Council passes Resolution 3042 which gives land use approvals an additional 12 month extension from the date of expiration. Given the original approval and extension from the resolution,the project will expire in March of 1999 unless extended by the Council. \\TS SERVER\SYS2\COMMON\C:\WINWORD\DOCUMENT\KATHY.DOC i--t Architecture and Interior Design G Professional Limited Liability Company 1191 Second Avenue T Suite 1650 Seattle, Washington 98101 - 2966 , 206-467-5828 Phone 206-467-0627 Fax TRANSMITTAL To: Peter Rosen Date: October 15, 1998 Associate Planner Company: City of Renton Project: The Bluffs,Renton 1055 S. Grady Way. Project No: 97131.00 Renton, WA 98055 Fax(425)430-7300 From: James Lucking WE TRANSMIT: 8 Sheet(s) including cover sheet in accordance with your request VIA: ❑Fax ® Courier ❑Mail ❑ Other: If enclosures are not as noted, please inform us immediately. If checked below, please: Acknowledge receipt of enclosures Return enclosures to us THE FOLLOWING: ❑ Prints Shop Drawings Samples Other: Description: 1. Letter requesting administrative parking modifications dated 10/15/98 2. Matrix illustrating car sizes and parking stall usage dated 10/15/98 3. The Bluffs at Lake Washington Parking Distribution Matrix dated 10/15/98 4. Townhouse floor plans dated July 9, 1998 and August 24, 1998 5. Site plan dated 10/15/98 Remarks: On the advice of Jana Huerter,we submit this request for your review prior to our Site Plan Approval submittal,which is projected to occur later this month. Thank you in advance for your prompt response,we will follow up with a call to you next week. Thank You, James Lucking Project Lead cc: Scott Springer,Legacy Partners formerly Lincoln Property Company E:\Project\97131.00\3-agency\ZONING\tr981015pr.doc • Architecture/Interior Design GProfessional•Limited Liability Company . . • . _ . • . . . , • . ' • „ • • 1 1191 Second Avenue ' • Suite 1650 - • _:./ Seattle;Washington - • 98101-2966 206-467-5828 Phone O 206-467-0627 Fax • gglo@halcyon.com • , .October 15, 1998 . • Mr. Greg Zimmerman - . City of Renton •• . , - - • - ' . Planning Building - ; . Public Works Administrator . ' 1055 S. Grady Way , S • . • ' Renton;.WA 98055 - • `' Re: The Bluffs at Lake Washington: 'Multi-Family residential project. • • • Administrative Modification to Parkin• g Standards • • Dear Mr. Zimmerman: •• . • . - . • We are currently preparing to submit a Site Plan Approval package to the City of Renton for the above project. We are writing to request modifications to one point in the parking requirements , in Section 4-14-8. of City of Renton BuildingRegulations. ' We are requesting that an Administrative Modification be granted to allow two compact . - size parking spaces located within townhouse units in a tandem stall configuration be . - counted as two parking spaces toward the total stall count. - ' •• . . .The tandem parking spaces in The Bluffs project townhouses are 32'-4" in length which • • accommodate 2 compact parking spaces, This proposed modification is-desirable for the . • - . . following reasons: S . l • ' ' . . -a) As designed,the parking areas are modulated by landscape peninsulas which •_ ' 'decrease the proposed project's impervious surface area and enhance the - - aesthetic'quality of the project. . . • b) .Given current popular car sizes,the townhouse garage will accommodate two . . ° _ vehicles. We have included a matrix of some common car sizes to illustrate how • . this garage will accommodate two cars. 'c) The zoning code allows for parking to be composed of 30%compact stalls. The' proposed parking plan includes.seventy-seven compact stalls which are 25% of - the total provided. : - d). -The proposed garages will still allow significant area for storage in addition to • ' cars within the garage, so that a second car that is owned by the unit's occupant • • ' will most likely be parked within the unit. See attached floor plans. • . - e) ' Residents of.townhouse units are expected not to use surface guest parking for • , • -their vehicles. Therefore,.tandem stalls in the townhouse units will contribute-to • - • guest parking count by increasing the availability of unassigned surface parking. . ' , , ..... • . , • . , i( , COR-Adminisrative Modification . • --__Z .T October 15, 1998 Page 2 O 0 The area of the proposed site plan near the townhouse units will have 48 unassigned surfac,e parking spaces. These spaces will be used by either guests or residents of other unit types for a second vehicle. The amenity building will have its own parking. Attached is a parking distribution matrix and site plan drawing for your reference. • , • • • We hope that the preceding items sufficiently address any concerns that the City-may have regarding'granting the requested Administrative Modifications to the parking standards. We look forward to your written response to this letter. Please call if you have questions or need • more information. . Sincerely, . GGLO,L.L.C. N James Lucking • Project Lead • . • , ' • . I " • . - \\gglontl\cadd\project\97131.00\3-agency\zoning\It981015gz.doc . ' i i • GGLO Sample Car Sizes 10/15/98 Make 'Model Overall length (ft) Length (in) Ford Explorer 4 doe 15.79 189.5 Mustang 15.13 181.5 Taurus 16.53 198.4 Contour 15.38 184.6 Ranger 14.93 179.1 F-150 19.95 239.4 Escort 14.39 172.7 Toyota Tercel ' 13.48 161.8 Celica 14.52 174.2 4Runner 14.89 178.7 Camary 15.71 188.5 Honda Accord 15.73 188.8 Passport 14.78 - 177.4 Oddessy 15.63 187.6 Buick Park Avenue 17.23 206.8 Some possible combinations: Total length,(ft) Ford Taurus and Toyota Tercel 30.02 Ford Ranger and Toyota 4Runner 29.82 Buick Park Avenue and Toyota Celica 31.75 Ford Mustang and Ford Taurus 31.66 Source: Manufacturer internet web pages for 1998 models. • Page 1 Carlength.xls s GGLO 10/15/98 ,The Bluffs at Lake Washington Parking Distribution Tandem stalls Unassigned Assigned Assigned Surface Stalls Carport Garage Stalls Stalls No. of stalls 24 107 88 62 No. of spaces per stall 2 1 1 1 Subtotal of spaces 48 107 88 62 Total 1 1 305 No of Units 1 1741 Ratio= 1 1,75 Page 1 parkingl3.xls GGLO,PLLC All rights reserved. Not to be reprod,. --it permission. Original sheet size 8 1/2 x 11" I, 311-4' T 1 ♦ 01 11 11 , (o) -0) I 'U NET RENTABLE - . 1 BATH MASTER 591 sq. ft. BEDROOM BEDROOM DOES NOT 11'-0'xll'-10' ® 13'-0'x II'-I0' - - INCLUDE STAIR 1 ^ /L c "----- /1.�\ /\ r CLOSET 1 r CLOSET - - - - - W l r � UPPER D eDN• _ r 4-©©- - - - • ♦ , VI1111% KITCHEN 0' IVINc 513 sq.'ft. _ BI'-0 X 1T-6' T`ji 1 ;' X �� tip �oJ8 —---\ - - e� up, �� g _ .� .V MAIN ,DN. --- ' 1 r,? - N. ' Fri \\ of „ of 1 92 sq. ft. DOES NOT U- n •---1:-...--L, -1--,---/- n N.---0 , 1 INCLUDE GARAGE GARAGE — — — —— —— .32:=4x1Ci':22! — _ L 11> x z -ToRACat. I ,•-6�� s=3 LOWER 0 C UP m a PLAN ' I TOTAL: 1256 sq. ft. TOWNHOUSE FLOOR I LAN - T1"�5�E2 Q 0' 2' 4' 8' G ' G G L O PLLC UNIT FLOOR PLAN: THB1E2 Project Number: 97131.00 1191 Second Avenue CT Suite 1650 THE BLUFFS AT LAKE WASHINGTON Scale: Seatte2966hington Renton, Washington 1/8"=1'-0" 98101-O - Phone: (206) 467-5828 for Sheet Number. Fax: (206) 467-0627 Lincoln Property Company July 9, 1998 A-10 GGLO,PLLC All rights reserved. Not to be reproduct. .about permission. Original sheet size 8:1/2 z 11" Jr 31'-5 1/2' Jr , , ,. , ( 1 x 1 E:1. BA< BATH MASTER BEDROOM' �% BEDROOM NET RENTABLE II'-O'x11'-10' ® ® ® 14'-9'x II'-10' A 525 sq. ft. ' DOES NOT Za INCLUDE STAIR • rr , • L—CLOSET W/ r� DN _ CLOSET • — UPPER y 31'-5 I/2' JO 0 I— — d. VI . KITCI-IEN ',' X 1,01 0' 555s . ft. II -31 X II-10 )` I5I o Et. q I sr • UP a . CD.1) (3 — DN• ••71:1:‘ • \ 0 g _ _ MAIN y 33'-5 I/2' 4 4'-0',1 - - - — L 9 r.in rfi-----:-----7 \, n I n a� _ L--1- n o-t I e 13 sq. ft. GARAGE I INCLUDE GARAGI DOES NOT -- -- - _ - - _ - 32'�L'x15'-la' - - Irmozat 4 5=(o xlZ-8" WN • UP - — — id ♦ TOTAL: 1153 sq. ft LOWER 2 BD/ 2 1/2 BA 0 liciahOUSE FLOOR PLAN - -TI-151 LIMI NARY 0' 2' 4' 8' Not For Con trlctinn Slumber:ct G Yr��e97131 00 G G L O PLLC UNIT FLOOR PLAN: THB1 1191 Second Avenue Scale: k 7 Suite 1650 HE BLUFFS AT LAKE WASHINGTON „ _ Seattle, Washington 98101-2966 Renton, Washington 1/8"—1 —0„ OPhone: (206) 467-5828 for Sheet Number: Fax: (206) 467-0627 Lincoln Property Company August 24, 1998 A-7 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS. MEMORANDUM DATE: October 5, 1998 TO: Peter Rosen FROM: Carolyn Boatman SUBJECT: The Bluffs I have started receiving Neil Watts' monthly project status report. I am using it to try to provide early input re:possible aquifer protection structural needs for proposed buildings. It is likely that The Bluffs project will include an area or areas where chemicals are stored. These chemicals might be used for cleaning,maintenance, or,perhaps,operating a pool. If it is expected that the facility will store more than 20 gallons of hazardous chemicals, it should incorporate an area that provides containment for chemicals. This is per Section 8-8-6.F.1. of the City code(recently amended). The volume required is equal to the size of the container for one container, or,for multiple containers, 150%of the size of the largest container or 10%of the volume of all containers added together,which ever is larger. Containment areas should be made of a material that will not be corroded or dissolved by the chemicals that will be stored there. Sealed concrete or plastic are suitable for many situations. Often an entire room can serve as containment if the sides are bermed and the floor slopes towards the middle. It is important that such a room NOT incorporate a floor drain. A chemical storage room can't serve as containment if spilled materials can go down the drain. It is unlikely that,at this stage in the development,the developer will know exactly what chemicals will be present. They should take a best guess and over size the containment area so that it will serve typical needs that come up over the life of the building. It is not critical that they hit it right on the mark as it is relatively easy to install portable containment after the fact. It will,however, save the developer from going to the trouble to design a chemical storage area that does'•not meet the code. If the facility will store more than 20 gallons of hazardous chemicals it will also require an operating permit. The applicant should be informed of the fact that the permit is required prior to placing the chemicals in storage,typically prior to occupancy, and that they should contact me in order to obtain the permit on time. In the mean time,please have the applicant call me if they would like to discuss operating permit requirements. Operating permit requirements typically have to do with how the operator handles chemicals. The only structural issue is the containment,which we hope to take care of in the planning stages. I will October 5, 1998 Page 2 keep track of how the project is progressing and contact the developer when it appears that the facility is nearing occupancy if I have not already heard from them. Please call me at x7211 should you wish to discuss. Thanks. cc. Neil Watts hmmp/pr1098xx.doc 0 �CpR PIA EM � ® C CjN �G 1998 10F and Associates v LAND USE AND DEVELOPMENT SERVICES 206/264-1150 Letter of Transmittal Date: September 30, 1998 Attention: Jana Huerter, CR of Renton From: Anna Nelson Re: The Bluffs CC: Joe Strobele, Lincoln Property Company Scott Springer, Lincoln Property Company We are sending you the following: ® documents ❑ prints ❑ as requested ❑ copy of letter ❑ plans ❑ other: #Copies Dated Description 1 9/30/98 Proposed Emergency Fire Access for Lower Terrace These are transmitted as checked below: ❑ for your use ❑ approved as noted ® for review and comment ❑ returned for corrections ❑ for approval ❑ returned ❑ Please return to us when finished or by Remarks: I have attached a partial site plan that indicates the proposed emergency access to the lower terrace area. Lincoln Property Company will use this site plan for discussions with the owner regarding obtaining an access easement. 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' - • ..•'-- .. • i-'(" . • .-•' -• .,..e: ::i --. .0•4 i . oithS0 '.i •1 . . 4- .•• ....._ ....• . . ...._1:1-71. ....-1 ....• - -• •:•, •Oi . , -'..•-• ,---- •. - • V't. T PLANNING , . . - _ _„ ...• ,._ 1: •4 ; 1 ' • - I PROJECr Na. . -- • • , CITY OF RENTON ... • • . •• • •. _ - •. _- - •-' ../ -,..' • ...... .-.,.....•- ... . • 97131.00 .....- . • ..- . . .....-'1 ,..-*•.-.'. .---i --- .-• ,-.----- ..-• .--• ..-- DRAWING Tina ... . • .. -. .f ...... .. ...." .. .. ....... .................., : ...- ' '' • ..,. .. . srrE. ri..A4 . .. . , . • . . ,•••....- ...-- _• - ...• . _ ........•- - t . • ., • er , • ....--- . . .---- .. .. ..... .... • . . ...-...-• .. . „ . .. ._ . . , . . • . .. _ _. . ..__ ....• •-. . . .--..„ __•••• .... _.....- .. . . • . DEva_opmEN .... • ._ 0 - ....."'''''... ..„ -__--.111101114. . .......- ._.•.... .._•- • . -• - ....-- ...--- _ ....- . .• _____ . MEET Na. . ----- -,..1 ., • _... ...... , OCT 0 1 1998 • 4 I 0.02 . ' :. . .., . PARTIAL SITE PLAN SECTOR 5 AND G RECEIVED .ED t . . , . . . -SCALE: 1"47.60-0" • ID LOPMEN1NJNNING CITY OF RENTON SEP 0 3 1998 RECEIVE . CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 2, 1998 TO: Jana Huerter FROM: Gregg Zimmerman G- SUBJECT: Bluffs Thank you for your briefing memo in regard to this project. As you know, I am concerned about slope disturbance on this property, as this is an area in which we have experienced numerous landslides on Lake Washington Blvd.North. Other than the entrance road, the site plan appears to provide considerable setback from this street,which is desirable. However,there is a great deal of earthwork that would need to be done on this site and some significant potential impacts, particularly since we are now in the ESA era. An addendum to the EIS would need to address these issues. Construction on steep slopes is also an issue. I believe in honoring vested projects to the extent that such vesting is reasonable. I believe this project deserves all consideration allowed by our ordinances and resolutions. I would say that from the matrix of proposed changes you have put together between the site plan vested in 1993 and the current proposal, it would be hard for me to view these changes as being"minor". The building footprint increase in itself is significant. However, I believe that this decision belongs with Development Services, and I will accept your decision on this. This project is likely to have some impacts on the environment(that can hopefully be adequately mitigated pursuant to the provisions of the EIS and an addendum to the EIS, if this is the way we go), and is also likely to receive significant public scrutiny. From the standpoint of both environmental impacts and public concern, we must proceed very carefully with this project. Our decisions must be responsive to the needs of the applicant, but must also be framed by realistic interpretation of our local code and SEPA law. One question that occurs to me: if the changes proposed to the site plan are deemed to be major, does this trigger a new SEPA process? In lieu of briefing the Mayor on this project, I am sending a copy of this package to Jay. If it is thought that a briefing with the Mayor is desirable, we will do it. I would like to be informed of the direction staff would like to go on these issues before decisions are announced as a heads-up. Thanks. cc: Jay Covington Sue Carlson Jim Hanson \\TS_SERVER\SYS2\COMMON\Document2 l RIB' SEP v 1 1998 CITY OF RENTON PUBLIC WORKS ADMIN. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 31, 1998 TO: Gregg Zimmerman FROM: Jana Huerter SUBJECT: BLUFFS As you are already aware, Lincoln Properties has been meeting with staff over the past six months to discuss the development of the Bluffs project. According to the Development Agreement which was approved by the City Council,the site plan is valid for 5 years from the date of the Agreement(3-8- 93)with the possibility of a two year extension. Lincoln Properties has already applied for the extension,however due to Resolution No. 3042,the approval has an automatic 12 month extension. Lincoln Properties wishes to exercise their right to develop the project under the existing site plan approval,however,they have proposed several changes which are a result of a collaborative effort between Lincoln Properties and staff. The last two meetings with Lincoln Properties have focused on which process would be required to modify both the site plan and the Development Agreement. Based on internal discussions that have included Larry Warren and Sue Carlson,it was determined that the changes requested by Lincoln Properties could be interpreted as either minor or major modifications. We are awaiting the final analysis from Lincoln Properties that should illustrate and quantify the differences between the original site plan and the proposed,in order for us to make a determination that the changes are either minor or major as defined by our code. If it is determined that the changes are minor,then Jim Hanson will review the changes and make an Administrative Determination that is appealable to the Hearing Examiner. If the changes are considered to be major then the process laid out in Section 4- 31-33C (Site Plan Ord.)will apply. This process would take the project back before the Hearing Examiner for a new decision. The modifications to the Development Agreement,however minor,must be approved by the City Council. We are recommending an Addendum to the EIS to,address the changes and satisfy the requirements of SEPA. Lincoln Properties will be submitting for a preapplication meeting sometime this week. They have already met with Fire and have received approval of the proposed access,which was a significant concern for them. It is their intent to submit a formal application by September 14th. Since this project is located in an area that has received an unusual amount of attention of late(e.g.,Labrador Ventures)it would probably be a good idea to alert the Mayor of the project. I have already spoken to a few of the Council members about the project and the process for reviewing it so that it won't surprise them when it eventually gets to them. \\TS SERVER\SYS2\COMMON\C:\WINWORD\DOCUMENT\BLUFFS.DOC August 3, 1998 Page 2 For your information, I have attached the letter and matrix of the proposed site plan changes. Also attached is the proposed site. You will notice from the site plan that the northern portion of the site, which was originally planned for development and would have provided access to the Kennydale neighborhoods,has been eliminated. This change will result in a significant reduction in slope disturbance. If you need any further information please let me know. I would be happy to furnish you with details , on the original project and a chronology of reviews and approval. cc: Jim Hanson • • Architecture/Interior Design =_ Professional Limited Liability Company C1 1191 Second Avenue "y z Suite 1650 Seattle,Washington 98101 -2966 • O 206-467-5828 Phone 206-467-0627 Fax • geam gglo@halcyon.com August 10, 1998 Ms. Jana Huerter • City of Renton • Planning Building/Public Works Land Use Review Supervisor 1055 S. Grady Way Renton, WA 98055 Re:The Bluffs at Lake Washington: Multi-Family residential project. Proposed Project Statistics: comparative analysis . Dear Ms.Huerter: . GGLO is currently working with Lincoln Property Company on a Site Plan Approval submittal to the City of Renton for the above project. We are writing to transmit(per your request)a statistical comparison'between the site plan proposal that was approved for The Bluffs site in 1993 (Contract rezone R-89-044),and the current proposal for the same site. The enclosed information should help you understand the scope of our current proposal, and demonstrate that the project is more successful • than the previously approved project in keeping with the community's.goals as expressed in the Comprehensive Plan and our June 9, 1998 pre-application meeting for this project. While the current proposal includes a very marginal increase in the total number of units,the proposed gross floor area is slightly smaller, illustrating the similarity in scope.of the two projects.The following points help illustrate our approach to the project: 1. Upscale Residential Quality: Our goal for the current proposal for'The Bluffs,at Lake Washington' is to emphasize a quality residential environment,drawing on a single family character defined by buildings displaying a high level of design in massing,materials,details and finishes.The large, institutional scale of the previous proposal has given way to buildings closer in size to individual residences. Twenty- , four townhomes will incorporate private garages on their ground floor, and the remaining apartment homes will have access to individual garages and carports for the look and feel of attached single family living. Luxury apartment buildings will include from six to fifteen residences each,presenting a two story entry elevation with decorative railings to the approach. Tasteful entry signage will lead guests and residents to a central recreation facility with a swimming pool and other amenities. Careful design of hardscape elements, landscaping and retaining walls will enhance an environment of sophisticated close-in living. Select interior's are planned to offer island kitchens, side by side refrigerators, moldings and spectacular Lake Washington views. ' 2. Height,Bulk,and Scale: Though the number of dwelling units has been increased by 5.4%,and the number of individual buildings is greater in the.current proposal,the gross floor area is slightly smaller than that in the • G Jana Huerter y r August 10, 1998 T Page 2 , 0 previous approval. The mix of units has changed for the 1998 proposal to include a_greater number of two bedroom units which reflects market conditions and the desire to cater to a professional clientele. This translates into a smaller average unit size and smaller buildings • which ultimately contributes to the reduced scale of the project and increased modulation of the facades. Height: the 1993 proposal included buildings of four story construction over two levels of underground parking,with heights of sixty feet and features to seventy feet(Buildings 'A' and `D'). Our 1998 proposal includes no buildings over three stories,and should fit within the underlying zoning parameters of a thirty-five foot height limit with an allowable 10 foot increase for provision of amenities including pitched roofs,recreation facilities,and landscaped open space(all proposed for this project).A decrease from 60 to 35 feet would represent a 40% decrease in proposed height. Bulk: Buildings 'A' and D of the 1993 proposal were `L' shaped structures with overall dimensions.of 209 by 157 feet and up to six stories in height, 57,000 to 63,000 sf total,not including basement garage levels(estimated at 15,000 sf ea, information not available). The current proposal's largest buildings 6 and 11-are `L' shaped buildings 90 x 115 feet overall, three stories maximum, of about 19,000 sf gross area. • 3. Response to site conditions: The smaller buildings in the current proposal allow their siting to more readily conform to existing topographic conditions,producing a community more compatible with the site than the previous proposal.The minor increase in lot coverage is a logical result of the smaller scaled, more horizontal approach to development embodied in this proposal,with more numerous, shorter buildings dispersed over the site. An innovative circulation scheme taking advantage of the terraced site will allow residents convenient access to parking while minimizing its impact on the community. 4. Architectural Diversity: • The current proposal includes three unit types(townhomes, luxury flats and carriage homes above garages,closely resembling single family homes)with a variety of unit configurations within each unit type. Townhouses will include three variations on the unit design. The luxury flats have several different floor plans, including one,two and three bedroom units in a range of sizes,with plan variations to achieve elevational interest. A horizontal and vertical modulation in building form, and materials including a variety of siding types with high quality accents, will reinforce the individual identity of buildings and residences. A variety of siding material and extensive trim detailing will reinforce a substantial residential character.All of the above • architectural variations contribute to the look and feel of a high quality residential community 5. Environmental Goals: The current project is intended to meet or exceed all environmental standards and regulations of the City and those established by the Contract Rezone. Our goal is to establish and maintain a • e:\project\97131.0013-agency\zoning\lt-0807jh.doc ' 1 • G Jana Huerter ' ( -1 August 10, 1998 T Page 3 •. .,4.� yJ `� __. 0 harmonious relationship between the development and the natural environment,with approximately 47%of the site preserved as natural open space, and 25% developed as landscaped open space,with extensive use of native species plantings to harmonize with existing vegetation. We have enclosed a comparative matrix of project statistics and a site plan which • • have been refined since the draft we transmitted to you April 3 of this year. We hope that the above comparisons in addition to the attached matrix will sufficiently demonstrate that the current proposal will be a more desirable project and will not have a greater total impact than that previously approved by the city. Sincerely, GGLO,L.L.C. �> • I/ ' - d,� 12 � Cla , O'Brien-Smith,AIA Pri'• pal • cc: Scott Springer,Lincoln Property Company - Jack McCullough, Wilson, Phillips,et.al. - e:\project\97131.00\3-agency\zoning\It-0807jh.doc • ter.: • • G Architecture/Interior Design - Professional Limited Liability Company C 1191 Second Avenue T Suite 1650 • -.4 Seattle98101,Washington • - 206-467-5828 Phone 206-467-0627 Fax gglo@halcyon.com i The Bluffs' Renton,VVastington Proposed Project Statistics - Co nparatnieAnalysis-Augist 10,1998 This summary compares the current Lincoln Property Company proposal for The Bluffs site(August 5, 1998 Site Plan),with the site plan proposal approved by the City of Renton under the property Use and Development Agreement of March 1993. The August 10, 1998 proposal is at a preliminary stage. All areas represented are approximate. Design is subject to further study.and regulatory review. • Statistic • March 1993 August 10,1998 a Gross Floor Area 214,500sf 214,180sf b Building Type four story residential over two 3 story residential, surface levels structured parking parking, 3 story • • townhouses with internal • parking, 2 story"carriage • • unit"above garage c .Units 165 174 • d Buildings 6 12 multi-family buildings 4 townhouse buildings 10 carriage units plus one- . story garages and carports. 1 Recreation building • e Garages (incl. carriage) 136 (in shared parking garages) 64 (private garages) f Garages spaces in TH's 0 48 g Carports 48 98 h Surface Parking 154 103 i Total Parking - 338 316 • j Building Height Limit 50' . 3 stories k Building Footprint(Apts, 80,200sf 113,235sf • garages,carports,Rec.) • 1 Paving,Roads,Walks 134,450sf 150,759sf m Lot Coverage (k+l=m) 214,650sf(21.8% of site) 262,138sf(26.6% of site) n Landscaped Open Space • (not available) • 251,870sf o Developed Area(m+n=o) 11.2 AC 11.6 AC • p Natural Open Space 11.4 AC 10.7 AC q Total Site Area(o+p=q) 22.6 AC 22.3 AC e:\project\97131.00\2-admin\proj data\comp3 c.doc _ 3zamMiNIMI G ..._T ..a-.1 X • ,._,_„ ,..._ GGLO • Architecture Interior Deep ' 1191 Second A,enue, Suite 1050 Seattle,Reehinjton 90101-2960 Phone: (206) 467-5828 Fa= (206)487-0027 1-405 RIGHT-OF-WAY �—� „"_` — THE 'BLUFFS' �s�— � � �• itatp.---.A. ,r_. -nr,--13irtalt1)5F-,_76ri : gift,. ihs, -, __._ __ Oil. n "`�""�" �-. `'7."`Limi p di1C1 pill ilp i1i1 dill 0.11. .i I--% Ilir / y/ - / e")....7_17-_____ __ ):7---.-----b.; ____AIL Niiiblpti_Lk.• it ium' Li�ll7lg.rwe. � i Ili��� I / 1,,,,,„ , ,j\ J ��E.<o1,0. :�=ass, ► ■ ---. 111 1 � — ,-_,._,,,. ,„_...,...,, ,......„ __ . 4 ,,,,. „. ___- ...... ,,, ! --_ ���_J I I f4 -� , !P�;j! . \t,,,, m' // —�j — � i,... ,..„ ,_,....... _-_„, ) , ��� for ziii,/ 0 -• ( / , —_ ��. 0001 iiiiiiiii"\\" ---.---------------- „-_,., //-----, - --\\ _ i \ �� , I>vCoLN PARTY or- 1 _ - \\rim 0,...,00 ., .._.. 1,---- 0.0: \. s‘cs \ -i/ \.‹..N... ----______A/7_______ ____, „.._:_______ , , _.„. , _ 1 ,1..7 z- h. __-4.- , , ,,,. 4040 0. - � �3. `1\ i s e,-�: \� r , _ MUM IfiSl�b i#s �� ,� liki ^. —�-/ p �� , � Auguet 5,1998 • IIA. if 7 O. .- 1, �11 ��II VI 41.116111 - 4 ... ‘ A e--.„, ---,�y 0 V „_ ,_ -__ --,---- -- :____-■.ma ;- _ � - . , ..._, .,..-- 1,,), ,_. „„„ \ , ` ,„4. Q its -: - / \ ____---,-L,ii))) , i,,,,,, \____c3.... \‘. .. ,..,.L, ,.„.., ,,.. _____-__r_.---0001 1 , voicerer7lr, , ..---t... .. "- .„.iir__ ___- -------, (--, ,,._.,/ ,---- . 0-----%-10 ':_'. • tilt..,1_,.ig--'/"`_,,,,:.t.......... 0•0°- • --, ` • � �� _ . _ -� CAD FILE: 0 I '. ' LAST UPDATE: PLOT DATE: 00 PROJECT No. S 1131.00 DRAIIEG E €3 PRELIMINARY - SITE PLAN Site Plan scALE: P 400' 514EET No. A-01 fe-As ctsz-t-r+ Architecture/Interior Design 0r65 GProfessional Limited Liability Company C 1 1191 Second Avenuekg1W-Tii1V Ora-Cr' Suite 1650 T Seattle,Washington 98101-29660 (� EE s 206-467-5828 Phone �J` " 206-467-0627 Fax gglo@halcyon.com • August 10, 1998 Ms. Jana Huerter • City of Renton Planning Building/Public Works Land Use Review Supervisor 1055 S. Grady Way Renton, WA 98055 Re:The Bluffs at Lake Washington: Multi-Family residential project. • Proposed Project Statistics: comparative analysis Dear Ms.Huerter: GGLO is currently working with Lincoln Property Company on a Site Plan Approval submittal to the City of Renton for the above project. We are writing to transmit(per your request)a statistical comparison'between the site plan proposal that was approved for The Bluffs site in 1993 (Contract • rezone R-89-044),and the current proposal for the same site. The enclosed information should help you understand the scope of our current proposal, and demonstrate that the project is more successful • than the previously approved project in keeping with the community's goals as expressed in the Comprehensive Plan and our June 9, 1998 pre-application meeting for this project. While the current proposal includes a very marginal increase in the total number of units,the proposed gross floor area is slightly smaller, illustrating the similarity in scope.of the two projects.The following points help illustrate our approach to the project: 1. Upscale Residential Quality: Our goal for the current proposal for 'The Bluffs,at Lake Washington' is to emphasize a quality residential environment,drawing on a single family character defined by buildings displaying a high level of design in massing,materials,details and finishes. The large, institutional scale of the previous proposal has given way to buildings closer in size to individual residences. Twenty- , four townhomes will incorporate private garages on their ground floor, and the remaining apartment homes will have access to individual garages and carports for the look and feel of attached single family living. Luxury apartment buildings will include from six to fifteen residences each,presenting a two story entry elevation with decorative railings to the approach. Tasteful entry signage will lead guests and residents to a central recreation facility with a swimming pool and other amenities. Careful design of hardscape elements, landscaping and retaining walls will enhance an environment of sophisticated close-in living. Select interiors are planned to offer island kitchens, side by side refrigerators, moldings and spectacular Lake Washington views. ' 2. Height,Bulk,and Scale: Though the number of dwelling units has been increased by 5.4%, and the number of individual buildings is greater in the.current proposal,the gross floor area is slightly smaller than that in the • a • • • GJana Huerter August 10, 1998 T Page 2 0 previous approval. The mix of units has changed for the 1998 proposal to include a greater number of two bedroom units which reflects market conditions and the desire to cater to a professional clientele. This translates into a smaller average unit size and smaller buildings • which ultimately contributes to the reduced scale of the project and increased modulation of the facades. Height: the 1993 proposal included buildings of four story construction over two levels of underground parking,with heights of sixty feet and features to seventy feet(Buildings 'A' and `D'). Our 1998 proposal includes no buildings over three stories, and should fit within the underlying zoning parameters of a thirty-five foot height limit with an allowable 10 foot increase for provision of amenities'including pitched roofs, recreation facilities, and landscaped open space(all proposed for this project).A decrease from 60 to 35 feet would represent a 40% decrease in proposed height. Bulk: Buildings 'A' and D of the 1993 proposal were `L' shaped structures with overall dimensions of 209 by 157 feet and up to six stories in height, 57,000 to 63,000 sf total, not including basement garage levels(estimated at 15,000 sf ea, information not available). The current proposal's largest buildings 6 and 11-are `L' shaped buildings 90 x 115 feet overall, three stories maximum,of about 19,000 sf gross area. 3. Response to site conditions: The smaller buildings in the current proposal allow their siting to more readily conform to existing topographic conditions,producing a community more compatible with the site than the previous proposal.The minor increase in lot coverage is a logical result of the smaller scaled, more horizontal approach to development embodied in this proposal,with more numerous, shorter buildings dispersed over the site. An innovative circulation scheme taking advantage of the terraced site will allow residents convenient access to parking while minimizing its impact on the community. 4. Architectural Diversity: • The current proposal includes three unit types(townhomes, luxury flats and carriage homes above garages,closely resembling single family homes)with a variety of unit configurations within each unit type. Townhouses will include three variations on the unit design. The luxury flats have several different floor plans, including one;two and three bedroom units in a range of sizes,with plan variations to achieve elevational interest. A horizontal and vertical modulation in building form,and materials including a variety of siding types with high quality accents, will reinforce the individual identity of buildings and residences. A variety of siding material and extensive trim detailing will reinforce a substantial residential character.All of the above architectural variations contribute to the look and feel of a high quality residential community 5. Environmental Goals: The current project is intended to meet or exceed all environmental standards and regulations of the City and those established by the Contract Rezone. Our goal is to establish and maintain a e:\project\97131.00\3-agency\zoning\It-0807jh.doc ' . /- - ,- - . , . _ . ..„.., ... G Jana Huerter . r.: ( -I August 10, 1998 Page 3 �J O harmonious relationship between the development and the natural environment,with approximately 47% of the site preserved as natural open space, and 25% developed as landscaped open space,with extensive use of native species plantings to harmonize with existing vegetation. We have enclosed a comparative matrix of project statistics and a site plan which • • have been refined since the draft we transmitted to you April 3 of this year. We hope that the above comparisons in addition to the attached matrix will sufficiently demonstrate that the current proposal will be a more desirable project and will not have a greater total impact than that previously approved by the city. Sincerely, GGLO,L.L.C. . /./ f, 0 ;& Cla / ., O'Brien-Smith,AIA Pri'•ipal cc: Scott Springer,Lincoln Property Company Jack McCullough, Wilson,Phillips, et.al. - • e:\project\97131.00\3-agency\zoning\it-0807jh.doc • • Architecture/Interior Design Professional Limited Liability Company C 1 1191 Second Avenue Suite 1650 Seattle,Washington 98101 -2966 " O • 2206-06-467467--58 062827 Phone gglo@halcyon.com • • The Bluffs' -Renton,Washington . Proposed Project Statistics: Comparative Analysas-August 10,1998 • This summary compares the current Lincoln Property Company proposal for The Bluffs site(August 5, 1998 Site Plan),with the site plan proposal approved by the City of Renton under the property Use and Development Agreement of March 1993. The August 10, 1998 proposal is at a preliminary stage. All areas represented are approximate. Design is subject to further study and regulatory review. Statistic March 1993 August 10, 1998 a Gross Floor Area 214,500sf 214,180sf b Building Type four story residential over two 3 story residential, surface levels structured parking • parking, 3 story • townhouses with internal parking,2 story"carriage • unit"above garage c .Units 165 174 d Buildings 6 12 multi-family buildings 4 townhouse buildings • • 10 carriage units plus one- story garages and carports. 1 Recreation building • • e Garages(incl. carriage) 136(in shared parking garages) 64(private garages) f Garages spaces in TH's 0 48 g Carports 48 98 h Surface Parking • 154 • ' 103 i Total Parking. - 338 316 j Building Height Limit 50' 3 stories • k Building Footprint(Apts, 80,200sf 113,235sf • garages,carports,Rec.) 1 . Paving,Roads,Walks 134,450sf 150,759sf . m Lot Coverage(k+1=m) 214,650sf(21.8%of site) • 262,138sf(26.6% of site) n Landscaped Open Space • (not available) 251,870sf o Developed Area(m+n=o) 11.2 AC 11..6 AC • • p Natural Open Space 11.4 AC 10.7 AC q Total Site Area(o+p=q) 22.6 AC ' 22.3 AC • • e:\pro j ect\97131.00\2-admin\prof data\comp3 c.do c ,�.. .�,.. CITY tjF- RENTON • Hearing Examiner Earl Clymer, Mayor . . Fred J.Kaufman • February 5,' 1993. Colin Quinn 16031 119th PL NE Bothell, WA 98011 Re: The Bluffs • . . . File No. R;SA-044-89 Dear.Mr. Quinn: . This office has reviewed your request for reconsideration as well as some additional staff comments regarding this matter and the response follows. • Point A: This office believes that a covenant that establishes the project as a residential condominium but eliminates ownership percentages would be appropriate'and the condition is hereby.altered to reflect that change. • Point B: Regarding sidewalk construction, the applicant has already demonstrated that some of the physical constraints of this site can be overcome to accommodate an intense level of development on and around this very steep'site, and the installation of a sidewalk along the eastern edge of Lake Washington Boulevard'is presumably no more difficult than the retaining walls and rockeries the applicant has already proposed for other areas of the complex. This proposal includes a physically two-tiered complex with most of the amenities on.the upper level. The applicant appears to suggest that human nature be ignored with the expectation that residents of the lower tier will cross to the west side of Lake Washington Boulevard, walk south along the west side of the street and then're- cross' the street to climb,up the hill to the recreational facilities and•.reverse this • -. procedure on the return home. What will happen more likely.is-that residents will walk along the :unimproved.shoulder'on.the east side of Lake Washington Boulevard, possibly interfering with or maneuvering around vehicular traffic on that roadway. This office will not modify the sidewalk location without a specific engineering report that indicates • that it is impossible or nearly impossible to provide the sidewalk on the east side of Lake Washington Boulevard. Point C: This office intended that there be three methods of walking to the upper tier; the sidewalk along the access road, and the walkways/stairways between Buildings F and'E, and between,Building A and Lake Washington Boulevard. The two walkways/stairways were intended to avoid, once again, the tendency of humans to take short routes even when'they are not officially sanctioned or designated. There appear to be,appropriate slopes that Would facilitate this second walkway/stairway from the vicinity of the letter "L" in the word "LAKE" near the south aspect of the printed phrase "LAKE 1 t. CITY VF RENTON .ai 1Hearing Examiner Earl Clymer, Mayor u man Fred J. Colin Quinn . .. WASHINGTON BLVD." found on Exhibit #5 and rising up to near the north central portion of the west wall of Proposed Building A. Again, this office acknowledges that the applicant is already providing a great deal of engineering prowess to accommodate - --- this development and these additional amenities seem no more ill-advised, particularly to avoid the problem of social trails. These details are intended to make the project-More* appropriate for its residents. These stairways .can also limit the exposure of residents to traffic along Lake Washington Boulevard by shortening the distances between,the lower and upper tiers of the development in the event a sidewalk cannot be accommodated on • the east side of the Boulevard. • Point,D: Other than the fact that compliance with the proposed condition to incorporate notification language in each deed might be cumbersome, there does not appear to be . any reason to alter.the proposed condition. • Point,E:: _ This condition will be and is hereby altered to reflect that any:phasing:of the project t which may occur shall make provisions for the needs of emergency access as required by the Emergency Services Departments and that all storm water utilities be designed by the applicant and approved by the City prior to the issuance of any Building Permits. The original intent was to limit the exposure of early residents.to continued disruptions in the event the project was phased. If you have any additional questions or concerns please feel free to write. This and the remaining aspects of this proposal may tie appealed to the City Council. As a result of this reconsideration the appeal period has been extended to iiot later than 5:00 p.m., February 19, 1993.. The request for reconsideration and memo from-staff are available in this office for review by interested parties. Sincerely, FRED J. KAUFMAN HEARING EXAMINER FJK:wmb cc: Mayor Clymer • Lazry Warren .. _ Paul Forsander Don Erickson Parties of Record • • .1'7__, nonce to M4\72c_lcO' c: ems. CIT'.'. OF RENTON Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator October 9, 1992 SUBJECT: The Bluffs ECF;R;SA-04489 • Dear Interested Party: This is to inform you that, under SEPA, RCW 43.21 C.075 and WAC 197-11-660, the City of Renton has issued a mitigation document for The Bluffs Environmental Impact Statement. Copies of the document are available at the public information counter (SEPA Information Center) in the Development Services Division, Third Floor, Renton Municipal Building located at 200 Mill Avenue South, Renton, Washington 98055. Reading copies are available in the Renton Municipal Library at the above address. DESCRIPTION OF PROPOSAL: • THE BLUFFS ECF;R;SA-044-89 • The applicant has requested Contract Rezone and Site Plan Approval to allow construction of a residential condominium complex consisting of six residential condominium buildings containing a total of 165 dwelling units, a recreation center and parking for 368 vehicles. The units are slated for sale to • middle to upper income market. The site contains 22.6 acres and approximately 11.2. acres would be developed in buildings, parking, drives and re-landscaped open space. Approximately 11.4 acres or 51 percent of the site would be left as natural open space. Recreational amenities include a recreation center, swimming pool, pedestrian walkway system, public trail and natural open space. The proposal would incorporate design elements similar to the architecture in Gene Coulon Park, providing a synergistic relationship between the complex and the nearby park. The proposed entrance driveway has . . been revised to provide 24 foot wide with an internal turnaround for emergency vehicles. The revised access plan retains the secondary emergency access road at the north end of the site. Any interested party may appeal these conditions in writing by 5:00 p.m., October 29, 1992. See City Code Section 4-8- 11,WAC 197-11-680 for further details and RCW 43.21 C.075. Any appeal as to the adequacy of the FEIS must be filed with the Hearing Examiner within twenty(20) days of the date the decision was made to issue the mitigation document. All appeals must be received by October 29, 1992, 5:00 p.m. You should be prepared to make specific factual objections to either the mitigation document and/or the FEIS. If you have any questions about either document or the procedures for either appeal, please contact Paul Forsander at 235-2550. ely, • Donald K. Erickson,AICP Secretary to the ERC cambia 200 Mill Avenue South - Renton, Washington 98055 CITY OF RENTON NOTICE OF AVAILABILITY MITIGATION DOCUMENT APPLICATION NO(S): ECF;R;SA-044-89 APPLICANT: Lincoln Property Company , PROJECT NAME: The Bluffs DESCRIPTION OF PROPOSAL: Contract Rezone and Site Plan Approval of a 22.6 acre site from R-1 Residential to the R-3 Residential designation and the construction of a 165 unit residential condominium complex on a site in the northern portion of the City of Renton. LOCATION OF PROPOSAL: Between Lake Washington Boulevard North and 1-405, east of Gene Coulon Memorial Beach Park LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee, under.WAG 197-11-660, has issued a mitigation document to address the environmental impacts expected from the potential development of The Bluffs. An environmental impact statement was required for this project under RCW 43.21 C.030(2)(c) and other documents cited in the ordinance. The impacts described in that statements and the subsequent Addendum are the basis for the mitigating measures in the mitigation document. This decision was made by the Environmental Review Committee after review of the completed environmental impact statement and Addendum and other information on file with the lead agency. Any interested party may appeal these conditions in writing by 5:00 p.m., October 29, 1992, to the Renton Hearing, Examiner. Any appeal as to the adequacy of the FEIS and/or the Addendum to the FEIS must also be filed by 5:00 p.m., October 29, 1992. See City Code Section 4-8-11,WAC 197-11-680 for further details and RCW 43.21 C.075. You should be prepared to make specific factual objections. Contact City of Renton, Community Development Department to read or ask about the procedures for SEPA appeals. Responsible Official: Environmental Review Committee • do Don Erickson, Secretary Development Planning Section Department of Planning/Building/Public Works 200 Mill Avenue South Renton, WA 98055 PUBLICATION DATE: October 9, 1992 DATE OF DECISION: October 7, 1992 • SIGNATURES: • • /O '"7 -7?___. Ly A. Guttmann,Administrator DATE artment of Planning/Building/Public Works ©d /9�z. Sam Chastain,Administrator DATE Community Service Department xo_ /Lee er, Fire Chief • DATE Re ire Department 0 0 mitdcs g MITIGATION DOCUMENT • for The Bluffs A Residential Condominium Community BACKGROUND The Environmental Review Committee for the City of Renton issued a Final Impact Statement (FEIS) for The Bluffs Apartments, on February 25,.1991. The Notice of FEIS Availability and Time Extension of Appeal Period was published on March 18, 1991...[Note: Issuance of the Mitigation Document, which is the City's decision document was not prepared at that time,thus delaying the.SEPA appeal period.] At the applicant's request,the Environmental Review Committee has now issued the Mitigation Document for the proposal. The EIS for this project has identified a number of possible mitigation measures for adverse environmental impacts that were considered to be significant or potentially significant (as defined by quantitative measures whenever such measures were found to exist). In some cases, such measures do not exist and it was left up to the responsible official to determine whether additional' mitigation measures, if any, are warranted to protect the environment. Addendum to the Final EIS On October 9, 1992, the Environmental Review Committee (ERC) Issued an Addendum to the Final EIS to recognize and assess the environmental impacts of recent changes in the proposed action. The ERC determined that an addendum was appropriate because the changes in the proposal did not substantially change the impacts or alternatives discussed in the • FEIS. Under WAC197-11-600 (4)c., an addendum"adds analyses or information about a proposal but does • not substantially change the analysis of significant impacts and alternatives in the existing document." The Addendum included two changes to the proposed land use action (a contract rezone with site plan approval), modifications to the proposed access driveway design, and a change in the marketing.. of the project from rental apartments to owner-occupied condominiums. All other aspects of the revised proposal remain as originally proposed. . MITIGATION MEASURES . A number of chapters of WAC 197-11 speak directly to the imposition of mitigation measures. The relevant chapters are cited below. WAC 197-11-060 Content of Environmental Review states that agencies shall "carefully consider the range of probable impacts, including short-term and long-term effects." Impacts shall include "those that are likely to arise or exist over the lifetime of a proposal", or, in some cases, even longer. WAC 197-11-330 Threshold Determination Process requires the responsible.official to take into account the following when determining whether a proposal has significant adverse impacts: "The same proposal may •have'a significant adverse impact in one location but not in another location;" "The absolute quantitative effects of a proposal are also important, and may result in a significant adverse impact regardless of the nature of the existing environment";and, "Several marginal impacts when considered,together may result in a significant adverse impact." In reaching such a decision, SEPA states that the responsible official shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probable significant adverse environmental impacts under the rules stated above. WAC 197-11-448 Relationship of EIS to other considerations states that the general welfare, social, economic, and other requirements and essential considerations of state policy will be taken into account in weighing and balancing alternatives and in making final decisions. The EIS provides a basis upon which the responsible agency and officials can make the balancing judgment mandated by SEPA, because it provides information on the environmental costs and impacts. THE BLUFFS MITIGATION DOCUMENT DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 2 , WAC 1'19741-660 Substantive Authority and Mitigation requires that mitigation measures be based on policies, plans, rules or regulations formally designated by the. agency. It also requires that mitigation measures shall be related to specific adverse environmental impacts dearly identified in an environmental document on the proposal: "After its decisions, each agency shall make available to the public a document - • that states the decisions. The document shall slate the mitigation measures, if any, that will be implemented as part of the decisions, including any monitoring of environmental impacts." (WAC 197-11-660 (1)(b)). This document is intended to meet this requirement. • . As.well as analyzing the environmental impacts, the City of Renton, under its land use provisions, must assess its many objectives and goals and decide how this project furthers or conflicts with them. Some City goals may be internally conflicting. When this occurs, the City believes that the SEPA process mandates a close environmental analysis to determine priorities. If the priorities are established and the project is able to *mitigate its impacts sufficiently, then the City believes it should proceed. This document presents mitigation measures necessary for the ultimate construction of The Bluffs, a residential condominium community.. PROPOSED ACTION ' . ' ORIGINAL PROPOSAL The original proposed action, as described in the FEIS, was for a rezone from the existing R-1 designation to the R-2 zone (low to medium density) residential designation, together with development of a planned unit development (PUD) of an apartment complex with six apartment buildings • containing a total of 165 dwelling units, a.recreation center and parking for 368 vehicles. The units are slated for a middle to upper income market. The site contains 22.6 acres and approximately 11.2. acres would be developed in buildings, parking, utilities,trails and drives and re-landscaped open space. Approximately 11.4 acres or 51 percent of the site would be left as natural open space. Recreational amenities include a recreation center, swimming pool, pedestrian walkway system, public trail and natural open space. The . proposal would incorporate design elements similar to the architecture in Gene Coulon Park, providing a • synergistic relationship between the complex and the nearby park. A PUD process will allow the City to include design and environmental measures as a permanent part of the permit. Retention of existing open space land treed areas will protect the environmentally sensitive areas and provide an aesthetically pleasing • • backdrop for users of Gene Coulon Park. . ADDENDUM TO THE FINAL EIS On October 9, 1992, the Environmental Review Committee (ERC) issued an Addendum to the Final EIS to recognize and assess the environmental.impacts of recent changes in the proposed action. The ERC determined that an addendum was appropriate because the changes in the proposal did not substantially change the impacts or alternatives discussed in the FEIS. Under WAC197-11-. 600 (4) c., an addendum "adds analyses or information about a proposal but does not substantially change the analysis of significant impacts and alternatives in the existing document." The,Addendum included two changes to the proposed land use action (a contract rezone with site plan approval), modifications to the proposed access driveway design, and 'a change in the marketing of the project from rental apartments to owner;occupied condominiums. All other aspects of the revised proposal remain as originally proposed. Summary of Revised Proposal The applicant has requested Contract Rezone and Site Plan . •1 Approval to allow construction of a residential condominium complex consisting of six residential condominium buildings containing a total of 165 dwelling units, a recreation center and parking for. 368 vehicles. The units are slated for sale to middle to upper income market. The site contains 22.6 acres and approximately 11.2. acres would be developed in buildings, parking, utilities, trails and drives and re-landscaped open space. Approximately 11.4 acres or 51 percent of the site would be left as natural open space. Recreational amenities include a recreation center, swimming pool, pedestrian walkway system, public trail and natural open space. The proposal would incorporate' design elements similar to the architecture in Gene Coulon Park, providing a synergistic relationship between the complex and'the nearby park. The proposed entrance driveway has been revised to provide 24 foot wide with an internal turnaround for emergency vehicles. The revised access plan retains the secondary emergency access road at the north end of the site. . Contract Rezone The revised proposal is for a Contract Rezone from the existing R-1 designation to . - • the R-3 zone (medium density) residential designation. Under the proposed Contract Rezone, overall project density would be limited to less than the original R-2 designation density of ten (10) dwelling THE BLUFFS MITIGATION DOCUI, , ' 0 • DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 3 units per acre. Overall proposed project density would be approximately 7.3 dwelling units per acre. The Contract Rezone is required under City Council Resolution 2911, for ten projects, including this proposal, which Council exempted from the " rezone moratorium" while the Comprehensive Plan is being updated. Site Plan Approval The revised proposal includes Site Plan Approval in lieu of the originally proposed Planned Unit Development (PUD). From a land use standpoint, the Site Plan Ordinance would provide the same type of protections for the environment and public interest that were afforded under the PUD Ordinance. For example, the Site Plan Ordinance gives the City authority to impose site planning and design conditions, as well as, environmental measures as a permanent part of the permit. Under Site Plan Approval the City also has the authority to impose conditions requiring retention of existing open space and treed areas will protect the environmentally sensitive areas and provide an aesthetically pleasing backdrop for users of Gene Coulon Park. Modifications to Driveway Access The proposal originally included a main entrance driveway consisting of two twenty (20) foot wide lanes for in and out traffic, as well as, an emergency access road at the north end of the site. The purpose of the two extra wide lanes was to allow for each lane to serve for emergency access, should the other lane be blocked. Because of the extensive grading and retaining wall construction required for this type of roadway, the applicant requested the Fire Marshal to review the emergency access plan for the proposal: The Fire Marshall has approved a revised 24 foot wide entrance drive with an internal turnaround for emergency vehicles. The revised access plan retains the secondary emergency access road at the north end of the site. A. NATURAL ENVIRONMENT • 1. EARTH: The EIS notes that the sensitivity of the site could lead to significant adverse impacts from erosion, sedimentation deposit, siltation of waterways, and possibly landslides without adequate mitigation measures. This site is sensitive from two standpoints: soil and slope. Both are impacted by clearing, grading and construction activities. Up to 137,000 cubic•yards of soil would be'graded with 81,000 cy taken Off site. Cut slopes would be required in the south central portion of the site to allow for the project's main access road. This amount of clearing and grading (approximately 49% of the site) could cause significant erosion especially during periods of rainfall, the EIS states. Soil testing also indicates that if slopes are exposed and/or disturbed, and mitigation measures are not in place, the potential for landslides could also.increase. Slopes on site vary from 25 to over 40%. Portions of • some of the'proposed buildings would be located within the 40% slope areas. The main access road, as already noted, also falls into the 40%slope category. Revised Proposal The reduced width of the entrance driveway contained in the revised proposal would substantially reduce the amount of cuts, fills and grading required on steep slope/green belt areas of the site. RECOMMENDED MITIGATION MEASURES: • Al. Prior to Construction,the applicant shall: a) Retain a qualified geotechnical consultant and a qualified hydraulics l V engineer to work with the applicant's civil engineering consultant to provide recommendations concerning the engineering and design of roadways, utilities, retaining walls, drainage and foundation systems. The geotechnical consultant shall review and sign off on the project construction drawings prior to the issuance of any construction or building permits. !1� b) In order to minimize disruption of steep slope areas, the geotechnical/hydraulics consultant(s) are required to prepare a THE BLUFFS MITIGATION DOCUMENT DATE OF ISSUANCE OCTOBER 9,199.. - ' PAGE 4` construction phasing plan and erosion control plan for all grading, clearing and re-landscaping, prior to the issuance of Grading Permit or • Building Permit. . A2. During Construction,the applicant shall: A2.1 Retain a geotechnicaUhydraulics engineering firm, to be approved by • • : �* the Development Services Division, to monitor all major grading and excavation activities. The scope of the monitoring services would be ' required through Certificate of Occupancy, and would include the following: . • Provide confirmation and identification of bearing soils in all foundation excavations, • Observe and monitor the stability of the site excavations, + Identify those soils considered suitable for use •as structural fill and perform modified Proctor testing of these soils to . determine . their optimal moisture/maximum density values, • Monitor the placement and test the compaction of all structural fill on site; including but not limited to• proposed building locations and roadway subgrades. PA2.2 In order to minimize disruption of steep slope areas, the contractor is required to implement a construction phasing plan and erosion control plan, under the supervision of an approved geotechnical/hydraulics engineering consultant,for all grading, clearing and re-landscaping. A2.3 The contractor is also required to utilize "best management" practices to minimize erosion of steep slope areas. Examples include,- but are not limited to: • Route surface water through temporary drainage channels around exposed slopes; • Use silt fences and temporary sedimentation ponds to collect and hold eroded material on the site; • Intercept and drain subsurface seeps; • Hydroseed or plant vegetation on exposed areas where work is completed and no buildings are proposed; • Complete excavation, roadway and utility grading, and hydroseeding in the drier months of the year, specifically between April 1 and September 30, unless favorable weather conditions would indicate little risk of erosion or landslide, subject to the approval by the Development Services Division; • Provide a vegetation inventory and grading plan which retains existing vegetation to the greatest extent ME BLUFFS MITIGATION DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 5 possible and retains larger trees in groves whenever possible; • Install final supporting structures (retaining wall or basement wall) as soon as possible where cuts are made;and, • • Install and regularly maintain a permanent drainage system in the vicinity of the seep in the central portion of the site to intercept and control groundwater seepage after construction. A3. Construction in Greenbelt Areas: In order to protect and maintain greenbelt areas, the applicant's engineering and geotechnical/hydraulics consultants is required to identify measures to control erosion and slope instability and protect vegetation on the greenbelt areas for inclusion in the specifications and contract for site and grading work. These measures are to include, but not be limited to: • Installation of crushed rock at the construction entrance to reduce the tracking of mud onto the public roadways; • . Hydroseeding and/or covering the cut/fill slopes of the entry road with plastic sheeting to reduce the erosion of the exposed • surfaces; . • Construction of a formal detention pond at the base of the slope and fit it with erosion/sedimentation control features such as silt fences and gravel filter cones, prior to any building. construction; • • Entering into a permanent agreement with the City .Surface Water Utility to provide for the maintenance on the detention pond including but not limited to removal of silt as needed. This agreement is to be approved by the Surface Water Utility, Development Services Division and City Attorney prior to the Public Hearing on Final PUD approval;and, • Phasing all site work in steep slope/greenbelt areas per Mitigation Measures A1.b and A2.2,described above. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C., I.D.;III.C., and III.D; Landscaping Ordinance 4-31-34. 2. SURFACE WATER: Surface water from the site is presently attenuated by existing vegetation and discharged into natural valleys and drainage ways from there it enters a drainage system that eventually flows through the storm drainage system of Gene Coulon Park and into Lake Washington. Revised Proposal The reduced width of the entrance driveway contained in the revised proposal would reduce the amount of impervious surface and associated surface water impacts. • PAGE.S1 THE BLUFFS MITIGATION DOCUMEI _ • DATE OF ISSUANCE: OCTOBER 9,1992 �1 RECOMMENDED MITIGATION MEASURES: A4. The applicant is required to implement temporary erosion and sedimentation control methods during construction consistent with City of Renton requirements and best management practices. This will include an emergency management plan to address potential off-site impacts during construction, particularly to Gene Coulon Park. CA,,53 The applicant is required to prepare a tree clearing and vegetation removal plan which retains native vegetation as much as possible as a condition of Site • c -ti Plan Approval. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C.,.I.D., III.C., and III.D; Landscaping Ordinance 4-31-34. -3. GROUNDWATER: Ground water was not encountered in any of the test pits dug to a depth of 19.5 feet. No storage or production of regulated compounds described in the draft Aquifer Protection Ordinance is planned. The project would be connected to the City of Renton sewer system via tight-lined sewers. RECOMMENDED MITIGATION MEASURES: AG. None are considered necessary. Because the proposed action must comply with the requirements of the City of • Renton Aquifer Protection Area Ordinance, adequate mitigation of potential groundwater impacts will be achieved. through compliance with that ordinance; including the restriction on the storage or production of regulated compounds. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C., I.D., III.C.,'and III.D; Landscaping Ordinance 4-31-34. 3. STORM DRAINAGE: While most of these natural areas and valleys will remain undisturbed, the amount of the site which will become impervious surfaces is expected to produce a • stormwater runoff average of 167% of the existing runoff rate. All stormwater flows would be collected by a tight-lined storm drainage systern and ultimately directed to the system in Lake Washington Boulevard. Stormwater runoff would contain higher concentrations of nitrates, phosphates, sediment, heavy metals, oil and grease and would be of slightly higher temperatures than in the natural state. Revised Proposal The reduced width of the entrance driveway contained in the revised proposal would reduce the amount -of impervious surface and associated storm water impacts. RECOMMENDED MITIGATION MEASURES: The applicant is required to: . A7. Enter into a permanent agreement with the City Surface Water Utility to provide for the maintenance on the detention pond including but not limited to removal Iv of silt as needed. This agreement shall be approved by the Surface Water • Utility, Development Services Division and City Attorney prior to the issuance of any Grading or Building Permits; A8. Install a closed storm drainage system meeting all City of Renton standards _j and codes; ,JF(E BLUFFS MITIGATION DOCU:._:. • DATE OF ISSUANCE OCTOBER 9,1992 PAGE A9. Provide oil/grease traps and silt sumps in street catch basins to aid in controlling the discharge of oil, grease and sediment. These are required to be maintained by the property owner in perpetuity; A.10 Provide an on-site area for car washing with appropriate oil/grease traps and other devices; All. Construct the aforementioned stormwater detention pond to allow settling of particulates and provide further water quality enhancement by providing a • grassy swale at the pond outfall for biofiltration;and, Al2. Provide for a licensed hydraulics engineer to be on duty as needed•during the major grading and excavation activities to protect against erosion and related impacts. (See Condition A2.1 for further consultant requirements during site work.) Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C., I.D., III.C.,and III.D; Landscaping Ordinance 4-31-34. 4. PLANTS: The site is currently covered by secondary growth deciduous forest, of red alder, cottonwood and maples, 'Douglas fir, western red cedar and western hemlock. Dense underlying shrub layer is also present. No endangered or unique species exist on site. Any development of the site would result in loss of some plants and animals. Impacts from construction, increased human activity, clearing and grading would discourage animals from continuing to use the site. Retention of 51% of the site in open space areas would retain many of the large trees which could continue to serve as perching trees. Large blocks of undisturbed greenbelt areas would provide some limited habitat for some more human • tolerant species and a few less tolerant. Revised Proposal The reduced'width of the entrance driveway contained in the revised proposal would substantially reduce the amount of tree removal and vegetation clearing required on steep slope/green belt areas of the site. RECOMMENDED MITIGATION MEASURES: A13. Note to Applicant: 1. • At the time of Contract Rezone/Site Plan Approval, staff are likely to recommend that the applicant be required to prepare a landscaping plan which reduces the amount of existing vegetation to be removed and also reduces the amount of re-landscaped • area and retain existing vegetation. Large coniferous trees shall be retained as much as possible and understory vegetation shall not be removed unless necessary for development of roads, buildings, utilities or parking. To the greatest extent possible, any re-landscaping should utilize native species. • Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C., I.D., III.C., and III.D; Landscaping Ordinance 4-31-34. 5. WILDLIFE: Although it is popularly understood that this site provides perching trees for eagles, no eagle nests were found on the property. In addition the Washington State Department of Wildlife lists no nests on the property or in the vicinity, the closest being Seward Park to the west.- Small mammals such as mice and shrews are likely to be abundant on site. Squirrels, skunk, and raccoon may also use the site. Other birds on site include passerines, or perching birds (i.e. towhees, thrush, robin, wren, chickadee bushtits, and hawks. THE BLUFFS MITIGATION DOCUMENT DATE OF ISSUANCE: OCTOBER 9,1992 " PAGE 8 t 4 Any development of the site would result in loss of plants and animals. Impacts from construction, increased human activity, clearing and grading would discourage animals from continuing to use the site. They would be forced to migrate or perish. However, the preservation of 51% of the site in open space and re-landscaped areas would retain many of the large trees which could continue to serve as perching trees. Large blocks of undisturbed • greenbelt areas would provide some limited habitat for some more human tolerant species and a few less tolerant. RECOMMENDED MITIGATION MEASURES: A14. Same as for Plants,see A13.,above. B. BUILT ENVIRONMENT - 1. LAND USE: The EIS notes that the Comprehensive Plan designates four land uses for the site: 1% of the site is SF (4-6 du/ac) ; 39% of the site low density MF (6-15 du/ac); 14% is commercial; 45% of the site is designated greenbelt. Current zoning on the site is R-1 SF. Overall density of this development is 7.3du/ac, with 51% of the site remaining in greenbelt use. Revised Proposal The revised proposal is for a Contract Rezone from the existing R-1 . designation to the R-3 zone (medium density) residential designation to allow construction of _' 165 residential units. The revised proposal includes a change in the marketing plan from rental apartments to owner-occupied condominium units. Under the proposed Contract Rezone, overall project density would be limited to less than the original R-2 designation density of ten (10) dwelling units per acre. Overall proposed project density would be approximately 7.3 dwelling units per acre. The Contract Rezone Is required under City Council Resolution 2911, for ten projects, including this proposal, which Council exempted • • from the"rezone moratorium"while the Comprehensive Plan is being updated. The Final EIS contained an alternative which rezoned the site to the R-3, medium density multi-family designation for construction of 265 units. Unlike that alternative, however, the revised proposal would contain 165 condominium units.. The revised proposal includes Site Plan Approval in lieu of the originally proposed Planned Unit. Development (PUD). From a land use standpoint, the Site Plan Ordinance would provide the same type of protections for the environment and• public interest that were afforded under.the PUD Ordinance. For example, the Site Plan Ordinance gives the City authority to impose site planning and design conditions, as well as, environmental measures as a permanent part of the permit. Under Site Plan Approval the City also has the authority to impose conditions requiring retention of existing open space and treed areas will protect the environmentally sensitive areas and provide an aesthetically pleasing backdrop for users of Gene Coulon Park. The proposed development does not include any commercial uses and given the terrain and • the traffic patterns in the area, commercial uses may not be appropriate here. Single family development would disturb the site considerably more than a clustered approach, where building pads are share,which the applicant proposes. From an environmental and greenbelt policy standpoint,the proposal provides more protection than the comp plan designations or the actual zoning designation. However,the proposal does violate the greenbelt ordinance in the areas where development and re-landscaping is proposed for the 40% area and in the designated greenbelts. _ Cumulative land use impacts in the area could include expansion of the Boeing and PACCAR industries. These expansions would contribute additional traffic and attendant air quality • impacts, industrial impacts such are air quality noise, light and glare, and demands on retail shopping, public services, utilities and housing. I E {) THI BLUFFS MITIGATION DOC& • _ DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 9 RECOMMENDED MITIGATION MEASURES: • B.1 Notes to Applicant: 1. At the time of the Contract Rezone/Site Plan approval, staff are likely to recommend that the applicant be required to: • Establish covenants running with the land that set aside and protect all undisturbed steep slope/greenbelt areas. These areas are to remain in their natural state except for natural trails which may be located through the area; and, • Establish a condominium homeowners association for the continual maintenance of the site, common facilities and residential building exteriors. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan I.C., I.D., III.C.,.and III.D; Landscaping Ordinance 4-31-34. 2. AESTHETICS: The EIS notes that the proposal would change'a completely wooded hillside into a partially wooded hillside with views of the upper stories of the proposal from Gene Coulon Park. For users of the park, this change could be seen as a significant impact. Because of the retention of the northern greenbelt, no view disruption would be experienced from 1-405 or from the residential areas north of 405. The*most significant view disruption would be from the Park. In order to aesthetically relate the development with Gene Coulon Park, the applicant revised the architectural scheme in the Final EIS to incorporate many of the architectural elements(e.g. roof shapes and materials)from the park's'design theme. Revised Proposal The reduced width of the entrance driveway contained in the revised proposal would substantially reduce the amount of•cuts, fills, grading.and vegetation removal required on steep slope/green belt areas of the site,thus reducing the aesthetic/visual impact of the development. RECOMMENDED MITIGATION MEASURES: B2. See Mitigation Measure A13 described under Plants,above. Notes to Applicant: • 1 The architectural building design contained in the Final EIS incorporates design elements from Gene Coulon Memorial Beach Park will likely be required as a condition of the Contract Rezone/Site Plan approval. 2. The applicant will also likely be required to retain natural open space areas as specified in the above recommendations. 3. The bylaws of the condominium homeowners association are likely to be required to Include provisions for continual and perpetual maintenance of the site, common facilities and building exteriors. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan l.C., I.D., III.C., and III.D; Landscaping Ordinance 4-31-34. 3. TRANSPORTATION: Vehicular access to the site would be from two points on Lake Washington Boulevard. The main driveway would be located at the southern portion of the site and would serve the four residential buildings and recreation center located above the ridge line. A second driveway, which would access Lake Washington Boulevard through the • THE BLUFFS MITIGATION DOCUMENT; DATE OF ISSUANCE: OCTOBER 9,1991. '" PAGE 10'. existing driveway for the Marina Landing Apartments, would serve the two residential buildings located below the ridge line. Revised Proposal: Modifications to Driveway Access The proposal originally included a main entrance driveway consisting of two twenty(20)foot wide lanes for in and out traffic,as well as, an emergency access road at the north end of the site. The purpose of the two extra wide lanes was to allow for each lane to serve for emergency access, should the other lane • be blocked. Because of the extensive grading and retaining wall construction required for this' type of roadway, the applicant requested the Fire Marshal to review the emergency access • plan for the proposal. The Fire'Marshall has approved a revised 24 foot wide entrance drive • with an internal turnaround for emergency vehicles. The revised access plan retains the secondary emergency access road at the north end of the site. The traffic study conducted for the EIS estimates that the project will generate 1,028 daily trips with .1.23 trips in the p.m. peak hour (84 in, 39 out). At the Lake Washington Boulevard/Park Avenue N. Intersection, the proposal would contribute approximately 2.4 percent of the traffic approaching that intersection during the p.m. peak period. The existing LOS C (level of service) at that intersection is expected to worsen to LOS D with the proposed action. The decrease in level of service, would however, result in an overall average increase in delay at that intersection of 1.8 seconds, or approximately 7 percent. The four-way stop at Lake Washington Boulevar Burnett Avenue N. would continue to operate at LOS C during the p.m. peak hours with the proposal. The unsignalized north proposal driveway at•Lake Washington Boulevard would continue to operate at LOS A with the proposal. The proposed main project.driveway access at Lake Washington Boulevard ?' would operate at LOS B at the westbound approach and LOS A for the southbound left turn movement. • The proposal would provide 368 parking spaces on the site. The proposed parking supply ' • would exceed with the Parking and Loading Ordinance requirements for 1.5 parking spaces • • per dwelling unit for residents, plus 0.25 parking spaces per dwelling unit for visitors, plus 11 • spaces for recreation vehicles. Under the Parking and Loading Ordinance,300 spaces would be required. Since the proposed supply exceeds the code requirements, no spillover of unmet parking demand to off-site locations is expected. There is no transit service on Lake Washington Boulevard in the vicinity of the site. The closes location with transit service is at Lake Washington Boulevard and Park Avenue N, two blocks south of the site. This location is serviced by Metro Routes 107, 108, 109, 2420, 245, 247 and 340 which run on Park Avenue N. The proposal is not expected to significantly impact transit service. The proposal would generate new pedestrian and bicycle trips along Lake Washington Boulevard. Under existing conditions, these trips would be required to utilize the gravel shoulders or travel lanes of the boulevard. There are, however, opportunities for bicyclists and pedestrians to utilize the trail system in nearby Gene Coulon Memorial Beach Park. RECOMMENDED MITIGATION MEASURES: B3. None Required. Notes to Applicant: 1. Signalization: No roadway or intersection improvements were identified in the Final EIS as necessary to mitigate any direct traffic impacts from the proposal or alternatives. The increase in traffic volumes from the two alternatives would not significantly worsen. the Level of Service obtained at the Lake Washington boulevard/Park Avenue N. or Lake Washington Boulevard/Burnett Avenue N. Intersections. • ,. THE BLUFFS MmTJGAnrON DOCUM-_. DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 11 • 2. Off-Site Improvements: As part of Rezone/Site Plan Approval, staff are likely to recommend that the applicant construct off-site improvements,which are required by • city code, on Lake. Washington Boulevard. These would typically include: curb, gutter, sidewalks, street lighting and road widening with associated storm drainage considerations. 3. Deferral of Improvements: Due to potential roadway configuration and alignment change to Lake Washington Boulevard, in the vicinity of the site, the applicant may • make application to the Board of Public Works for deferral of the above referenced off-site improvements. Conditions for any deferral would be set by the Board of Public Works. 4. On-Site Parking: In order to reduce the impact of the proposed development on 'deep slope and greenbelt areas, staff are likely to support a recommendation, as part of Rezone/Site Plan Approval, to reduce the number of parking spaces provided on- • site. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Washington State Second Substitute House Bill 1671 (SSHB 1671); City .of Renton Six-Year Transportation Improvement Program; City of Renton Resolution 2769; Comprehensive Plan LA.,VII.A.,VII.B.,VII.C., and VII.H.; Northeast Quadrant Plan. 4. PUBLIC SERVICES: The EIS Identified a number of potential impacts and possible mitigating measures for police and fire service,schools, and parks and recreational facilities. a) Fire: The•EIS notes that fire flow available to tie the site is estimated at 4000 gallons per minute, 500 gpm than the required 3500 gpm. The project itself is not expect to cause a significant impact on fire protection services, but does contribute incrementally to the overall demand on the Department. Revised Proposal Under both the original and revised proposal, all of the proposed structures would be-.fully sprinklered in order to reduce impacts on the Fire Department and to provide lifesafety for residents. RECOMMENDED MITIGATION MEASURES: B4. None Required. Note to Applicant: • 1. Under Resolution,2985,the applicant is required to pay a Fire Mitigation Fee of$388.00 per unit prior to the issuance of a Building Permit. • Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Northeast Quadrant Plan. b) Police: The proposal would necessitate the addition of .5 officer to accommodate the increase in service demand of 297 project residents and to maintain the optimal three minute response time the area currently enjoys. Overall increase in traffic patterns in the area may also necessitate more police service to the area. Revised Proposal Under the revised proposal, the project would be marketed as condominiums to owner-occupants. The level of income required to qualify for THE BLUFFS MIT1GA77ON DOCUMENT . ' K DATE OF ISSUANCE OCTOBER 9,1992 . PAGE 12 , condominium home ownership would decrease the anticipated need for police calls to handle incidents. RECOMMENDED MITIGATION MEASURES: B5. None Required. • Notes to Applicant: 1. As part of Rezone/Site Plan Approval,Staff are likely to recommend that the applicant: • Include requirements for. owner-occupancyin .the bylaws of the condominium homeowners association . • In order to reduce the potential impacts on the existing police force,. enter into a voluntary agreement with the City of Renton to reimburse the Police Department for the cost of extraordinary increases in service calls as a result of this project. This agreement shall be approved by the Chief of Police prior to the issuance of Final Occupancy Permits. In order to assure the security of residents, develop a security plan for the project. The security plan shall be approved by the Chief of Police, prior to the issuance of an Occupancy Permit. the security plan is to include, but not be limited to the following measures: • Construct secure underground parking (i.e. with either card operated gates or security personnel) to provide increased safety for tenants • parking in subterranean areas under the buildings; • Restrict access to lobbies,elevators and halls; • Install security lighting of parking lots and buildings and deadbolt locks in all units to reduce the possibility of burglaries, thefts and • vandalism;and, . • Install of signage that at all entrance points and building identification to clearly marks all building facades to facilitate fire protection and police services. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance,4-6. c) Schools: The proposed project is located within Renton School District No. 403. Students in the area attend Kennydale Elementary School (k-6) 'approximately 1 mile from the site; McKnight Middle School (7-8), approximately 1 mile from the site; and. Hazen High School (9-12), approximately 2 miles from the site. Using the Renton School District's student-per-household multipliers, the project would result in 27 elementary school students and 27 Junior and senior high school students, for a total of 54 students. RECOMMENDED MITIGATION MEASURES: • B6. None are considered necessary. The District indicated that the student population tends to vary throughout the school year and that if any class size exceeds the limits set forth in the teacher/district contract, the additional students would be • • shifted to the nearest school in the vicinity with excess capacity. Thus according to • AME BLUFFS MITIGATIONDOC_ .4 DATE OF ISSUANCE: OCTOBER 9,1992 PAGE 13 the District,this addition to the student population could be absorbed into the present facilities without significant impacts. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-8. • d) Parks and Recreation: The proposed development would generate an on-site population of approximately 297 residents who would Contribute to the area-wide demand for access to private and public recreation facilities. The project would contain active recreational facilities for-the residents of the apartments. A recreation• center will be provided which contains a swimming pool and a recreation center, pedestrian trail system and natural openspace. The project site is centrally located to access several of Renton's parks, including: Gene.Coulon Memorial Beach Park immediately to the west of the site. RECOMMENDED MITIGATION MEASURES: B7. Notes to Applicant: 1. As part of Rezone/Site Plan Approval, Staff are likely to recommend that the applicant: • In order to address demand for on-site private recreation facilities, the applicant construct the proposed recreation center, swimming pool and pedestrian walkway and trail system;. • In order to reduce the potential impacts on existing park and recreational facilities,either: • Work with the Park Department to develop public off-site or . on-site trails and/or park facilities; or, • Pay a Parks Comprehensive Plan Mitigation Fee in effect at the time of issuance of a Building Permit for each element of the project. If no fee is in effect at that time, the,applicant will pay an off-site Park Mitigation Fee of $180 per multi- family unit. Policy Nexus: WAC 197-11-660; Environmental Review Ordinance, 4-6; Comprehensive Plan VII.H. and IX.D.; Comprehensive Park and Recreation Plan; Bicycle Trails Master Plan. 3. Utilities: There are existing city utilities within the vicinity of the site which will need to be extended to service the proposed development. a. Water: An existing 16 inch main located on the hillside above the Marina Landing would be extended to service the proposal. The proposal would generate a water demand of approximately 37,260 gallons per day (gpd), based on an average of 100 gallons per person per day and 600 gpd for landscape irrigation. RECOMMENDED MITIGATION MEASURES: B8. None are considered necessary. The proponent will finance and construct ail on-site and off-site utility improvements required. The existing city water system has sufficient capacity to accommodate this domestic use, as well as, estimated required fire flow of 3,500 gallons per minute. b. Sewer: An existing city sewer would be extended from approximately 450 feet south of the site to service the proposed development. Sewer service would per provided THE BLUFFS MITIGATION DOCUMENT 'Y y DATE OF ISSUANCE: OCTOBER 9,1992' _ PAGE 14` + i on-site with a network of 8 inch diameter lines. On-site sewer construction would be • done within the internal roadway,areas,,off-site construction would be done within the existing city right-of-way. RECOMMENDED MITIGATION MEASURES: B.9. None are considered necessary. The proponent will finance and construct all on-site and off-site utility improvements required. The existing city sanitary collection system has the capacity to accommodate the estimated 41,250 gallons of wastewater generated per day. No impacts to ground water are anticipated from the,proposed sewer system because III lines would be tight-lined and leakage would be unlikely. . . . . . , . . . .' . . . . . . •• BEGINNING .. . . . . . . OF FILE . . . . . . . . • FILE TITLE4 (56 m ot . . .. _ , . ..../4„ . . 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