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HomeMy WebLinkAboutRC 20070504000274 RETURN ADDRESS: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 1111111111111111111111111 20070504000274 WEDGEWOOD ATR COV 120.00 PAGE001 OF 086 05/04/2007 09:57 KING COUNTY, WA • DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE ‘ DOCUMENT TITLE Declaration of Protective Covenants for the Plat of Wedgewood Lane REFERENCE NO. OF 141441r- DOCUMENTS d4ArDOCUMENTS ASSIGNED/ RELEASED Hyl 41E007O54g000a 73 GRANTOR Wedgewood at Renton, Inc. GRANTEE City of Renton The Public LEGAL DESCRIPTION Portion of S 1/2 NE 1/4 and N 1/2 SE 1/2, Sec. 10, TWP. 23 N., RGE 5E, W.M., Renton, King County, Washington. ASSESSOR'S PARCEL NO. 102305-9450-02; 102305-9257-07; 102305-9158-07; 102305-9335-03; 102305-9145-03; 102305-9141-07; 102305-9317-05; 102305-9004-03; 102305-9017-08 DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 1 1.1 Association 1 1.2 Association Action 1 1.3 Board 2 1.4 Building 2 1.5 Common Area 2 1.6 Declaration 2 1.7 Developer 2 1.8 Lot 2 1.9 Lot Owner 3 1.10 Map 3 1.11 Member 3 1.12 Participating Builder 3 1.13 Property 3 ARTICLE 2 PLAT OF WEDGEWOOD LANE 3 ARTICLE 3 PHASED DEVELOPMENT 4 3.1 Subsequent Development 4 3.2 Consent to Adding or Subtracting Properties 4 3.3 Rights and Obligations 4 3.4 No Requirement to Include Additional Properties 4 ARTICLE 4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT PERIOD 5 4.1 Development Period 5 4.2 Developer's Authority During Development Period 5 ARTICLE 5 WEDGEWOOD LANE HOMEOWNERS ASSOCIATION 5 5.1 Establishment 5 5.2 Voting 5 5.3 Proxies 6 5.4 Adoption of Bylaws and Amendments 6 5.5 Initial Board of Directors 6 5.6 Management Agreements 6 ARTICLE 6 MANAGEMENT OF COMMON AREAS 6 6.1 Control 6 6.2 Goods and Services 7 6.3 Wetlands and Stream Maintenance and Monitoring 7 6.4 Maintenance of Surface Water Management Facilities 8 6.5 Additional Properties 8 6.6 Dedication to Governmental Entities 8 Page i W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane �T 7114IN ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA 9 7.1 Association Control of Common Area 9 7.2 Restrictions on Use of Common Areas 9 7.3 Native Growth Protection Areas 9 7.4 Other Restrictions 9 ARTICLE 8 COVENANT FOR ASSESSMENTS 9 8.1 Creation of Lien and Personal Obligation of Assessment 9 8.2 Purpose of Assessments 10 8.3 Initial Assessment 10 8.4 Annual Assessments 10 8.5 Estimated Assessments 11 8.6 Payment By Owners 11 8.7 Record of Assessments 11 8.8 Special Assessments 11 8.9 Uniform Rate of Assessment 12 8.10 Default in Payment of Assessment-Remedies 12 8.11 Foreclosure of Assessment Lien; Attorney's Fees and Costs 12 8.12 Homestead Waiver 12 8.13 Curing of Default 13 8.14 Continuing Liability for Assessments 13 8.15 Exempt Property 13 8.16 Rights of Board - Waiver of Lot Owners 13 8.17 Subordination of the Lien to Mortgages 13 ARTICLE 9 ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 13 9.1 Establishment 13 9.2 Design Review Committee 14 9.3 Submission of Plans 14 9.4 Approval of Plans 14 9.5 Criteria 15 9.6 Effect of Committee Approval 15 9.7 No Liability 15 9.8 Size 15 9.9 Building and Construction 15 9.10 Conduct of Construction 17 ARTICLE 10 EXTERIOR MAINTENANCE 18 10.1 Lot Owners' Obligations 18 10.2 Trees 18 10.3 Color Approval 19 10.4 Roof Approval 19 ARTICLE 11 PROPERTY USE RESTRICTIONS 19 11.1 Business and Commercial Use of Property 19 11.2 Signs 19 11.3 Parking Certain Vehicles 19 11.4 Motor Vehicles 20 11.5 Nuisances; Hazardous Activities; Lighting 20 Page ii W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 11.6 Animals 20 11.7 Trash Disposal 20 11.8 Unsightly Conditions 21 11.9 Antenna 21 11.10 Storage 21 11.11 Machinery and Equipment 21 11.12 Oil Drilling, Etc. 21 11.13 Development Activities Exempted 22 11.14 Violations 22 ARTICLE 12 EASEMENTS 22 12.1 Easements 22 12.2 Maintenance of and Restrictions on Easement Areas 23 ARTICLE 13 GENERAL PROTECTIVE COVENANTS 23 13.1 Partition 23 13.2 Subdivision or Combination 23 13.3 Leases 24 13.4 Mortgagee Protection 24 ARTICLE 14 INSURANCE 25 14.1 Liability and Hazard Insurance 25 14.2 Building Insurance 25 14.3 Common Area Repair and Replacement 25 14.4 Building Repair and Replacement 25 ARTICLE 15 ENFORCEMENT 25 15.1 Rules and Regulations 25 15.2 Enforcement 26 15.3 Remedies 26 15.4 Waiver 26 15.5 Costs and Attorney Fees 26 ARTICLE 16 AMENDMENT OF DECLARATION 26 16.1 Developer's Reserved Rights 26 16.2 Amendment by Members 27 16.3 Amendments Affecting Maintenance or Operation of Common Areas 27 16.4 Power of Attorney 27 ARTICLE 17 LIMITATION OF LIABILITY; INDEMNIFICATION 27 17.1 Limitation of Liability 27 17.2 Indemnification 27 ARTICLE 18 GENERAL PROVISIONS 28 18.1 Term 28 18.2 Subordination 29 18.3 Notice 29 18.4 Examination of Records 29 18.5 Severability 29 18.6 Gender 29 18.7 Headings 30 Page iii W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane A • DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE This Declaration of Protective Covenants for the Plat of Wedgewood Lane (this "Declaration") is made this Alk day of 1}' ri , 2007 by Wedgewood at Renton, Inc. and KBS Development Corporatior!(collectively, "Developer"). RECITALS AND DECLARATION Declarant is the Developer of the real property and improvements thereon legally described in Exhibit A, known as the Plat of Wedgewood Lane (the "Property", or "Wedgewood Lane"). The Property is comprised of the real property legally described on Exhibit A attached hereto and shown on maps recorded with the King County Recorder under Recording No. and and any other real property added by amendment hereto. Wedgewood at Renton, Inc. is the owner of the Property described on Exhibit A as Divisions 1, 2, 3 and 5 and KBS Development Corporation is the owner of the Property described on Exhibit A as Division 4. Developer hereby publishes and declares that the Property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and protecting the character, attractiveness, and desirability of Wedgewood Lane. These covenants, conditions, restrictions, easements, and reservations, shall run with the Property and shall be a burden upon and a benefit to the Property and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. ARTICLE 1 DEFINITIONS 1.1 Association The term "Association" shall mean and refer to a Washington non-profit corporation comprised of all of the Lot Owners of the Plat of Wedgewood Lane acting collectively in accordance with its governing documents and this Declaration. The initial name of the Association is "Wedgewood Lane Homeowners Association." However, the Association's name may be changed by the Developer if the Developer elects to use a different name for the Plat for marketing purposes. 1.2 Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. Page 1 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane t i 4 1.3 Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4 Building The term "Building" shall mean and refer to any building or structure constructed or located within Wedgewood Lane, and all appurtenances thereto. 1.5 Common Area The term "Common Area" shall mean and refer to Tract A of Division 1, Tracts A, B and C of Division 2, and Tracts A, B, C, D, F, G, H, I and J of Division 3, Tract A of Division 4, the fence, landscaping and monument easement(s) and improvements thereon shown on the Map, and any other areas owned by or benefiting the Association and/or the Lot Owners for the common use and enjoyment of all of the Lot Owners. Any streets, tracts, including but not limited to Tract E of Division 3, or other areas dedicated or conveyed to a governmental entity for public use are not Common Areas. The Developer may add to or subtract from the Common Area during the Development Period, as defined in Section 4.1, by an amendment to this Declaration, provided that the Developer may not withdraw any tract or other Common Area subject to a condition imposed by the City of Renton or otherwise required by state or federal laws without the written consent of the City of Renton. In the event the Common Areas described on the recorded Map are different from those described herein, the Common Areas described on the Map shall be deemed the Common Areas unless this Declaration has been amended or modified to change the Common Areas shown on the Map, except the status of those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal laws may not be changed without the written consent of the City of Renton. 1.6 Declaration The term "Declaration" shall mean and refer to this Declaration of Protective Covenants for Wedgewood Lane. 1.7 Developer The term "Developer" shall mean and refer to Wedgewood at Renton, Inc. (owner of Divisions 1, 2, 3 and 5) and KBS Development Corporation (owner of Division 4), and/or a person or entity (including a Participating Builder) to which it assigns its rights as Developer. 1.8 Lot The term "Lot" shall mean and refer to any one of the residential lots located within the Property as shown on the Map. If any additional property is hereafter made subject to this Declaration pursuant to the provisions of ARTICLE 3, each tract comprised of a buildable legal lot contained therein shall be considered to be a Lot as defined in this Section. Page 2 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane • 1 • 1.9 Lot Owner The term "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Developer and any Participating Builder shall be deemed to be the Lot Owner until the sale of the Lot to a residential owner, but the Developer and Participating Builder shall not be liable for assessments and fees and may be expressly excluded from other obligations to the Association as stated herein. 1.10 Map The term "Map" shall mean the official plat map for Divisions 1, 2 and 3 recorded with the King County Recorder under Recording No. and the official plat map for Divisions 4 and 5 recorded with the King County Recorder under Recording No. _U_____itpeO of 73 any subsequent Maps of divisions of Wedgewood Lane which are recorded. Together, the two (2) initial Maps contain Divisions 1, 2, 3, 4 and 5, and are referred to in this Declaration as the "Map." 1.11 Member The term "Member" shall mean and refer to every Lot Owner who, as a result of such ownership, holds a membership in the Association with rights and responsibilities asset forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 1.12 Participating Builder The term "Participating Builder" shall mean a person or entity who acquires from Developer one or more Lots for the purpose of improving the same for resale to future Lot Owners. 1.13 Property The term "Property" shall mean the Property referred to herein as Wedgewood Lane as more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. The description of the Property may be amended from time to time pursuant to ARTICLE 3. ARTICLE 2 PLAT OF WEDGEWOOD LANE This Declaration shall initially subject the Property, the Buildings and other improvements constructed and to be constructed thereon, and the Common Areas, all of which shall be known as Wedgewood Lane, to its provisions. In the event that Developer subjects additional property to this Declaration pursuant to ARTICLE 3 hereof, all such properties shall collectively be known as Wedgewood Lane. Page 3 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane J , ARTICLE 3 PHASED DEVELOPMENT 3.1 Subsequent Development Developer reserves for itself, its successors or assigns, the right, by adoption of amendments to this Declaration, to subject additional properties to this Declaration or to withdraw undeveloped property from it, except those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal law. If the Developer elects to subject additional property to this Declaration, Developer shall grant to the Lot Owners of such additional properties (and Developer, if applicable) all of the rights and benefits to which Members of the Association are entitled. 3.2 Consent to Adding or Subtracting Properties Developer may subject additional properties to this Declaration at any time prior to termination of the Development Period as defined in Section 4.1. Developer may also withdraw any undeveloped properties from this Declaration at any time prior to termination of the Development Period, except written consent from the City of Renton is required before the withdrawal of those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal laws. Each Lot Owner appoints and constitutes the Developer as his attorney-in-fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Wedgewood Lane Lot Owners shall be benefited by any Common Area on additional property the Developer elects to add to Wedgewood Lane, either through Association ownership and control of said additional property Common Area or by easements of use and enjoyment in favor of said original Lot Owners on said additional property Common Area. The Lot Owners of such property added by Developer to Wedgewood Lane shall have an easement for use and enjoyment of the existing Wedgewood Lane Common Area and shall have all the obligations to pay the cost of maintaining the Common Area unless otherwise provided herein. The Developer reserves the right to extend existing easements and create new easements over the Lots so as to provide access to and service to the additional properties. Neither the Association nor any Lot Owners shall have any right in any additional property nor shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of an amendment to this Declaration specifically describing such additional property. 3.3 Rights and Obligations The Lot Owners of properties added to Wedgewood Lane (including Developer and any Participating Builder, if so elected bythe Developer) shall be Members of the Association, and shall be P g P entitled to all benefits and subject to all obligations of a Member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. 3.4 No Requirement to Include Additional Properties Nothing contained in this Declaration shall be construed to require the Developer to subject additional properties to this Declaration. Page 4 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane ARTICLE 4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT PERIOD 4.1 Development Period The term "Development Period" shall mean that period of time from the date of recording this Declaration until the date when all original Lots have been sold, or, if additional properties shall have been subjected to this Declaration, then until the date when all original and additional Lots have been sold, but in any event the Development Period shall terminate ten (10) years after the recording of this Declaration. Notwithstanding the foregoing, the Developer, at its option, may elect to terminate the Development Period at any time by recording with the King County Recorder a Notice of Termination of Development Period referencing this Declaration and stating that the Development Period is terminated. For purposes of this Section 4.1, transfer of title to a Lot by Developer to any Participating Builder shall be disregarded and title to any Lot owned by a Participating Builder shall not be deemed transferred for purposes of determining the Transition Date until the Lot is further transferred by said Participating Builder to a purchaser who is neither a Participating Builder nor the Developer. Wedgewood at Renton, Inc., as the original Developer, shall retain all rights of the Developer set forth in this Declaration. 4.2 Developer's Authority During Development Period Until the termination of the Development Period, the Developer hereby reserves for itself, its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and/or performed solely by the Developer without further authority from or action by the Members during the Development Period, the Developer shall have no obligation to publish financial statements, hold meetings or otherwise account to or consult with the Members, except as otherwise expressly required herein. Upon termination of the Development Period, administrative power and authority for management of the Property shall pass to the Board of Directors and Members as provided herein and in the Bylaws. ARTICLE 5 WEDGEWOOD LANE HOMEOWNERS ASSOCIATION 5.1 Establishment There is hereby created an association to be called "Wedgewood Lane Homeowners Association." The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24.03 and RCW 64.38. The Association shall use the name "Wedgewood Lane Homeowners Association" unless Developer or the Association elects to use a different name. 5.2 Voting After the end of the Development Period, each Member shall be entitled to cast, at any meeting of the Association, one vote for each Lot owned by that Member. If any Lot is owned by more than one (1) person or entity, the Owners thereof shall appoint one (1) person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's Owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's Owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetence of any of the Lot's Page 5 W:\WPDOCS\90313\002\1mb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane Owners, or when any of the Lot's Owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 5.3 Proxies Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Lot Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the Member's Lot, without the prior written consent of the holder of such indebtedness. 5.4 Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Developer, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Developer shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ("Bylaws") may be amended from time to time by a majority vote of the Members (including Developer, if applicable) at any regular or special meeting of the Association duly called for that purpose, or by a vote of a majority of the Board present at a meeting of the Board duly called for that purpose. 5.5 Initial Board of Directors The Developer shall designate the members of the initial Board. The initial Board shall serve until the Developer transfers the management and administration of Wedgewood Lane to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. 5.6 Management Agreements The Association may enter into such agreements for the performance of any or all of the functions of the Association with such persons or entities as the Association deems fit and proper in its sole discretion. ARTICLE 6 MANAGEMENT OF COMMON AREAS 6.1 Control 6.1.1 The Developer shall have and hereby reserves for itself, its successors and assigns, and for any Participating Builder, an easement for the right, during the Development Period and any period thereafter in which Developer or a Participating Builder, respectively, is a Lot Owner, to utilize the Common Area for its business uses and purposes, including, but not limited to, completion of improvements thereon and other uses and purposes related to the construction, promotion and development of Wedgewood Lane. Upon termination of the Development Period, said Developer's and Participating Builder(s)' easement shall automatically terminate. Control and the management and Page 6 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane f administration of the Common Area shall vest in the Association at the end of the Development Period subject to the Developer's and Participating Builder(s)' aforementioned rights of use. 6.1.2 The terms of this ARTICLE 6 shall not be deemed to create any right for the Association to grant additional easements (other than those created herein) across the NGPA, streams or wetlands within the Common Areas located on Tract A of Division 1, Tract C of Division 2, Tract B, G and H of Division 3 and Tract A of Division 4 without the prior written approval from the City of Renton. 6.2 Goods and Services The Board shall acquire and pay for as a Common Expense of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas, including but not limited to the storm drainage and detention system, open spaces, wetlands, entry monument(s), entry and other landscaping, and Common Area irrigation system, as required or advisable. The Association may provide such additional common maintenance which it determines to be in the best interests of the Lot Owners. 6.3 Wetlands and Stream Maintenance and Monitoring Developer shall monitor and maintain the wetlands and streams within the Native Growth Protection Areas located on Tract A of Division 1, Tract C of Division 2, Tract B, G and H of Division 3 and Tract A of Division 4 until the termination of the Development Period. The Association shall maintain the wetlands and streams thereafter. If the Association fails to adequately maintain the wetlands during any period in which Developer has posted a maintenance bond and Developer is required to either maintain the wetlands itself or to pay for the maintenance, the Association shall indemnify and hold Developer harmless from any such cost. The wetlands and stream shall be maintained in accordance with all applicable laws, rules and regulations and the approved "Final Wetland and Stream Monitoring and Maintenance Plan, Wedgewood Lane Divisions 1, 2, 3 and 4," attached hereto as Exhibit C. The following is a summary of some of the requirements listed in Exhibit C: (a) The wetlands mitigation area shall be monitored on the following schedule: (i) Thirty (30) days after initial completion of the mitigation; (ii) Quarterly during the first year after installation of the plant materials, during the months of March, June, September, and December; (iii) During June or July of the second, third, fourth and fifth years after installation; and (iv) Final inspection of the mitigation project, five (5) years after the mitigation plantings were installed and the mitigation work accepted as complete. The wetland biologist will monitor the project on the foregoing schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These reports will be submitted to City of Renton within three (3) weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the five (5) year mitigation period. (b) The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass may be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or Page 7 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane other tree seedlings which may become established shall be thinned to eight feet (8') to twelve feet (12') centers. (c) Irrigation will be required during the first summer and, if necessary, during the second summer after installation. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. (d) Requirements for replacement of dead plant materials shall be identified during the monitoring inspection. Replanting as necessary shall be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. The management, maintenance and administration of the wetlands and streams described in this Section 6.3 shall be conducted in accordance with the guidelines approved by the City of Renton in said document titled the "Final Wetland and Stream Mitigation Monitoring and Maintenance Plan, Wedgewood Lane Divisions 1, 2, 3, and 4," dated Moirejt, Z7 , 2007, attached hereto as Exhibit C and in the "Final Wetland and Stream Mitigation Plan, Wedgewood Lane Divisions 1, 2, 3, and 4," attached hereto as Exhibit E. The Association shall comply with all requirements in said documents, and all expenses of such maintenance and compliance shall be a common expense. 6.4 Maintenance of Surface Water Management Facilities The Association shall be responsible for the management, maintenance and administration of the surface water management facilities located on the Common Areas. Such management, maintenance and administration shall be conducted in accordance with the guidelines known as "Maintenance Recommendations for H.O.A. Owned and Maintained Surface Water Management Facilities for Wedgewood Lane Divisions 1, 2, 3, 4 and 5", attached hereto as Exhibit D. All expenses of such maintenance shall be a common expense. 6.5 Additional Properties If additional properties are subjected to this Declaration pursuant to ARTICLE 3, Developer and any Participating Builder shall have an easement as described in Section 6.1 on the Common Areas located therein. Upon termination of the Development Period, said Developer's and Participating Builder(s)' easement shall automatically terminate. Thereafter, the Association shall be responsible for the management, maintenance and administration of such Common Areas. Costs of maintaining and operating the Common Areas located in additional properties shall be a common expense. 6.6 Dedication to Governmental Entities 6.6.1 Until the termination of the Development Period, Developer reserves the right (a) upon written approval and acceptance by the applicable state, county, municipal or other government entity, to withdraw any undeveloped part of the Property from this Declaration and to dedicate, transfer or convey to any state, county, municipal or other governmental entity any such part of the Property; and (b) to transfer and convey any undeveloped part of the Property to the Association, which shall thereafter maintain such part of the Property. The rights reserved to Developer in this Section 6.6 shall be exercised by Developer at Developer's sole discretion. Page 8 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 4 j 1 • 1 ' 6.6.2 Following termination of the Development Period, the Association shall have the authority to dedicate, sell, or transfer all or any part of the Common Area to any governmental entity, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Lot Owners. No such dedication or transfer shall be effective unless an instrument has been approved in writing by seventy percent (70%) of the members agreeing to such dedication, sale or transfer and such entity, public agency, authority, or utility has agreed in writing to accept and maintain such part of the Common Areas. . ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA 7.1 Association Control of Common Area The Association owns and controls the Common Area for the benefit of the Lot Owners. Except as otherwise limited by law or prior restriction, each Lot Owner shall have a non-exclusive right to the use and enjoyment in and to the Common Areas. Subject to the Developer's rights set forth in Section 5.6, each Lot Owner hereby grants the Association an irrevocable right to manage and control the Common Areas on behalf of and in the interest of the Lot Owners. 7.2 Restrictions on Use of Common Areas Except with regard to utility easements, public trail easements and Developer's and Participating Builder's rights during the Development Period, the Common Areas may be used only by Members and their guests. 7.3 Native Growth Protection Areas Tract A of Division 1, Tract C of Division 2, Tracts B, G, H and J of Division 3 and Tract A of Division 4 are Native Growth Protection Areas ("NGPA") and are also Common Areas. Tract H of Division 3 is subject to Drainage System Installation, Maintenance and Repair Easements and Related Covenants, recorded under King County Recording No. 20051010001070. As set forth on the Plat, subject to and except for exercise of rights pursuant to utility, trail, access and drainage easements depicted on the Plat, any development, alteration or disturbance within any NGPA shall be prohibited except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Renton and from any other agency with jurisdiction over such activity. Granting any subsequent easement within the NGPA shall require prior written approval from the City of Renton. 7.4 Other Restrictions The Common Areas shall also be subject to the other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. ARTICLE 8 COVENANT FOR ASSESSMENTS 8.1 Creation of Lien and Personal Obligation of Assessment By acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument, each Lot Owner is deemed to covenant and agree to Page 9 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane • pay to the Association all common expenses assessed against said Owner's Lot by the Association. Common expenses include, but are not limited to: (a) annual assessments or charges and (b) special assessments. Said annual and special assessments, together with interest therein and costs of collection thereof(including reasonable attorneys' fees whether or not suit is commenced), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Lot Owner owning the Lot when the assessment is due. There shall be no assessment on any Lot until after the initial transfer of the Lot to a residential owner. The personal obligation for delinquent assessments shall not pass to the Lot Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 8.2 Purpose of Assessments The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. All funds collected hereunder shall be expended for the purposes designated herein. 8.3 Initial Assessment At the time of the purchase of the Lot, each Lot Owner (except Developer and any Participating Builder) shall pay the initial annual assessment. The initial annual assessment is the amount that the Board has assessed against the Lot for the year in which the Lot is purchased, which amount shall be prorated for any partial year. The initial annual assessment shall be collected by the escrow agent at the closing of the purchase of the Lot. 8.4 Annual Assessments Each year the Board shall assess each Lot Owner for an annual assessment in an amount which, in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January 1 following the termination of the Development Period and continuing each year thereafter, the annual assessments shall not be increased by more than twenty-five percent (25%) without the approval of seventy percent (70%) of the Members voting at a meeting duly called for such purpose. Notwithstanding the provisions set forth above, (a) the Developer, its successors or assigns shall not be liable for any fees or assessments assessed or due prior to the termination of the Development Period, and (b) a Participating Builder shall not be liable for any fees or assessments except that a Participating Builder shall be liable for assessments on any Lot upon the earlier of the termination of the Development Period or one hundred twenty (120) days after the date that the Participating Builder has completed construction of a residence upon such Lot and/or obtained a Certificate of Occupancy for such Lot. Page 10 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 8.5 Estimated Assessments Within sixty (60) days prior to the beginning of each calendar year or such fiscal year as the Board may adopt, the Board shall (a) estimate the annual assessments and special assessments for the Lots to be paid during such year; (b) make provisions for creating, funding and maintaining reasonable reserves for contingencies and operations, for maintenance repair, replacement and acquisition of Common Areas and/or (c) take into account any expected income and any surplus available from the prior year's operating fund. If the estimated cash requirement proves inadequate for any reason, including nonpayment of any Lot Owner's assessment, a further assessment may be levied during that fiscal year upon a majority vote of the Board. Within thirty (30) days after the Board's adoption of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of the Lot Owners to consider ratification of the budget. The Board shall give written notice of such meeting to all Lot Owners. Said written notice shall include a summary of the proposed budget. The meeting date shall be not less than fourteen (14) and not more than sixty (60) days after mailing of the notice and summary. Unless at the meeting the Lot Owners holding a majority of the votes in the Association, in person or by proxy, reject the budget, the budget shall be deemed ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board. 8.6 Payment By Owners Each Lot Owner shall be obligated to pay its annual and special assessments to the Treasurer of the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day of each month during each year or at such time and in such other reasonable manner as the Board designates. 8.7 Record of Assessments The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall specify and itemize the operation, maintenance, replacement and repair expenses of the Common Area and any other expenses incurred. Records and vouchers authorizing such payments shall be available for examination by the Lot Owners for any proper purpose at any reasonable time. 8.8 Special Assessments In addition to the annual assessments authorized above, the Association may levy in any fiscal year as the Board designates, a special assessment for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto. No such special assessment levied against all Lot Owners shall be in excess of Twenty-five Thousand Dollars ($25,000), except upon a majority vote of the Lot Owners in attendance at a meeting duly called for said purposes, or in excess of One Hundred Thousand Dollars ($100,000) except upon a seventy percent (70%) affirmative vote of the Lot Owners in attendance at a meeting duly called for said purpose. The Board may also levy a special assessment against one (1) or more Lot Owners who are in Page 11 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane violation of ARTICLE 10 or ARTICLE 11 and/or any other provisions of this Declaration. The limitation on maximum annual assessments and special assessments shall not apply to an assessment levied against a Lot Owner which is imposed by the Board to reimburse the Association for costs incurred in bringing the Member or the Lot owned by the Member into compliance with the provisions of this Declaration or the Bylaws. 8.9 Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots except for assessments against a specific Lot Owner imposed by the Board to reimburse the Association for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 8.10 Default in Payment of Assessment—Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is imposed by law, at eighteen percent (18%) per annum, from the date on which it was due until paid. In the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Lot Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest is not paid in full within fifteen (15) days of the date of the notice, the Association may bring an action against the person or entity personally obligated to pay such assessment and/or record a lien for the amount of the assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be maintained against the Lot Owner in conjunction with or separate from foreclosure of the lien. 8.11 Foreclosure of Assessment Lien; Attorney's Fees and Costs The Developer or Board may initiate action to foreclose the lien of any assessment on behalf of the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent assessments or charges, any judgment rendered against the Lot Owner in favor of the Association shall include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be entitled to reimbursement for all of its attorney fees whether or not suit is filed or prosecuted to judgment, and whether said attorney fees are incurred in negotiation, arbitration, litigation, foreclosure or collection action, bankruptcy or appeal. 8.12 Homestead Waiver Each Lot Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. Page 12 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane . • 8.13 Curing of Default If the Lot Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a reasonable fee to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized representative of the Board. 8.14 Continuing Liability for Assessments No Lot Owner may exempt himself from his liability for annual or special assessments by abandonment of his Lot or abandonment of the use of any Common Area. 8.15 Exempt Property The following property is exempt from the assessments created herein: (a) all properties dedicated to and accepted by local public authority; (b) all Common Areas; and (c) all properties the fee title to which is retained by Developer, except that any land or improvements devoted to dwelling use shall not be exempt from said assessment. 8.16 Rights of Board- Waiver of Lot Owners Each Lot Owner hereby vests in and delegates to the Board or its duly authorized representatives, the right and power to bring all actions at law, including lien foreclosures, whether judicially or by power of sale or otherwise, against any Lot Owner for collection of the delinquent assessments in accordance herewith. Each Lot Owner hereby expressly waives any objection to the enforcement in accordance with this Declaration, of the obligation to pay annual and special assessments as set forth herein. 8.17 Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such Lot Owner from personal liability for any assessment due nor shall any Lot be relieved from paying assessments becoming due after foreclosure of the lien thereof. ARTICLE 9 ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 9.1 Establishment An Architectural Control Committee is hereby established as a special committee of the Board. The Architectural Control Committee shall review all proposed construction for compliance with the Architectural Controls listed in this Article. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls given to the Board or its authorized Page 13 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane representatives as enumerated in Section 9.2 herein until the Architectural Control Committee is terminated. The initial Architectural Control Committee ("Committee") is comprised of: Richard Gilroy 1560 - 140th Avenue NE Bellevue, Washington 98005 Patrick Gilroy 1560 - 140th Avenue NE Bellevue, Washington 98005 A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor or to act alone. Neither the members of the Committee nor its designated representative, shall be entitled to any compensation for services performed as a member of the Committee unless authorized by a two-thirds (2/3) vote of the Board. The term of office of the above- designated Committee shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Developer, if not sooner terminated by Developer in the same way that the Development Period can be terminated by Developer pursuant to Section 4.1 herein. The Architectural Control Committee may continue, even after termination of the Development Period, if the Developer elects to terminate the Development Period before it has sold all of its Lots but does not elect to terminate the Architectural Control Committee. 9.2 Design Review Committee At the termination of the Development Period, the Board or a committee of the Board shall appoint a Design Review Committee. The Design Review Committee shall consist of three (3) or more Lot Owners. The Design Review Committee shall have all the powers and authority of the Architectural Control Committee and any reference in this Declaration to the Architectural Control Committee shall also refer to the Design Review Committee. The Committee must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The Committee shall grant written approval upon two-thirds (2/3) affirmative vote of the Committee. 9.3 Submission of Plans No structure shall be constructed or caused to be constructed on any Lot unless the plans for the structure have been approved in writing by the Committee. At least forty-five (45) days prior to commencement of construction, a Lot Owner or prospective Lot Owner shall submit one copy of materials adequate to allow review of a proposed action for each Committee member, plus one additional copy for the files of the Committee. Submittals must include, at minimum: (a) site plan; (b) exterior elevations (all sides); (c) color board showing all exterior colors and materials; and (d) landscape and exterior lighting plan. The Committee may request additional information or details. 9.4 Approval of Plans The Committee shall approve or disapprove of such plans within thirty (30) days of said submittal. The Committee's decision shall be in writing. The Committee shall have the right to approve a proposal subject to compliance with conditions established by the Committee. If the Committee fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be Page 14 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane required, and this Article shall be deemed to have been fully complied with. The decisions of the Committee are final. 9.5 Criteria The Architectural Control Committee shall consider the following criteria in approving or rejecting the plans submitted to it: (a) the harmony of the external design, color and appearance of the proposal in relationship to the surrounding neighborhood; (b) the location of the proposed Building on the Lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the covenants contained in this Declaration and any rules and regulations promulgated pursuant to this Declaration. 9.6 Effect of Committee Approval No Buildings shall be constructed or caused to be constructed on any Lot unless the Committee has approved the plans as provided above. The Committee's approval of any plan shall not constitute any warranty or representation by the Committee, the Board or any of their Members that such plans were examined or approved for engineering or structural integrity or sufficiency or compliance with the applicable governmental laws, codes, ordinances and regulations. 9.7 No Liability The Members of the Architectural Control Committee shall have no personal liability for any action or decision made by the Committee. By acceptance of a deed to any Lot, the Lot Owner agrees and covenants not to maintain any action against any Member of the Architectural Control Committee which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the Committee. Each Lot Owner hereby releases any and all claims of any nature whatsoever against any member of the Architectural Control Committee, the Board, and the Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency, compliance of any plans approved by the Committee. 9.8 Size 9.8.1 Lot Size. No Lot or portion of a Lot in this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which the Lot is located. 9.8.2 Local Codes. All buildings or structures shall be constructed in accordance with the City of Renton and any other applicable codes. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. 9.9 Building and Construction All Buildings on a Lot are subject to the following restrictions: 9.9.1 Single Family Residence. Only one (1) single-family residence ("house") may be constructed or permitted to remain on a Lot. Page 15 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 9.9.2 Exterior Finish. The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Wedgewood Lane. Siding shall be solid wood product or approved wood by-product, stucco, stone, faux stone, or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting, within nine (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 9.9.3 Fences. Fences may be erected on property lines, except that fences erected between the front of the house and the street or on corner Lots between the side of the house and the street shall be subject to prior review and approval by the Architectural Control Committee. Nothing in this Section 9.9.3 shall prevent the erection of a necessary retaining wall. No fence, wall, hedge or mass planting shall at any time extend higher than six (6) feet above the ground, except for necessary retaining walls or rockeries which conform to the City of Renton Building Codes. No wire fences shall be used unless approved by the Architectural Control Committee. The finished side of all fences shall face the exterior of the Lot and shall be painted or finished to match or blend with the existing appurtenant structures. 9.9.4 Roofing. The roofing materials shall be subject to prior review and approval by the Architectural Control. 9.9.5 Prefabricated Buildings. No prefabricated buildings or structures of any nature whatsoever, specifically including mobile homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot. 9.9.6 Lighting. All area lighting shall be designed and positioned to ensure that the light source is not visible from any other house in the development. 9.9.7 Temporary Occupancy and Temporary Buildings. No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the Architectural Control Committee, whichever occurs first. 9.9.8 Storage Sheds and Outside Storage. No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the Architectural Control Committee. 9.9.9 Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within one hundred eighty (180) days of the completion of construction of the house on said Lot. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the Page 16 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane native existing character of Wedgewood Lane. Each Lot Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 9.9.10 Yard Art. No yard pieces or yard art, including but not limited to sculptures, statues, and other freestanding or attached works, whether for decoration or otherwise, more than twelve inches (12") tall or twelve inches (12") wide shall be permitted outside of the Buildings and within view from the street without prior written approval of the Architectural Control Committee. 9.9.11 Topography. The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain system and surface flows without the written consent of the Board. 9.9.12 New Construction. All Buildings shall be of new construction, except that used brick, siding or similar decorative materials may be used. 9.9.13 Utility Service. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the Property. 9.10 Conduct of Construction 9.10.1 Contractor. No Building may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Architectural Control Committee. 9.10.2 Completion of Construction. The exterior of any Building constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, within nine (9) months from the start of construction so as to present a finished appearance when viewed from any point, unless completion is delayed by acts of God or labor stoppages not attributable to the fault of the Lot Owner. All work shall be prosecuted diligently and continuously from the start of construction until the house is fully completed and painted. No Lot Owner shall reside on any Lot except in a residential dwelling constructed or placed thereon that shall have received a certificate of occupancy or analogous certification from the city or county in which it is located or any successor governmental entity with jurisdiction. 9.10.3 Commencement of Construction. Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the Committee must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the Committee prior to commencement or performance. The Committee may disapprove, condition or require changes in the project upon such further review. 9.10.4 Delay of Completion—Fine During Development Period. During the Development Period, if improvements on any Lot are not completed so as to present a finished exterior appearance within one (1) year after purchase from the Developer, unless completion is delayed by acts Page 17 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane of God or labor stoppages not attributable to the fault of the Lot Owner, such Lot shall be assessed Three Thousand Dollars ($3,000). Such assessment shall be payable to Developer, who may collect it pursuant to ARTICLE 8. This assessment is intended to encourage the prompt development of Wedgewood Lane, enhance the value of other Lots, compensate the Developer for lost sale opportunities, and prevent the reduction in value of other Lots within Wedgewood Lane that will occur if each Lot is not promptly developed. Developer will not review plans until such assessment is paid, and if an assessment is outstanding, the failure of the Developer to review plans shall not be deemed approval thereof. ARTICLE 10 EXTERIOR MAINTENANCE 10.1 Lot Owners' Obligations Each Lot Owner shall maintain the exterior of his Lot, including the Building, in good condition and repair, adequately painted or otherwise finished, and in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. The Committee may determine when such exterior maintenance is required in order to maintain the well kept, neat appearance of all Lots in Wedgewood Lane. Such determination shall include, but not be limited to, the need to: (a) Paint any Building or fence; (b) Repair or replace items such as windows, roofs, fences, or alarm systems; (c) Maintain and keep up trees, lawn areas and landscaping; (d) Repair and maintain all roof drains and area storm drains; or (e) Remove recreational vehicles, trailers or camper tops left on the Lot as provided in ARTICLE 11 hereof. If any Lot Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two-thirds (2/3) vote of the Board, may notify said Lot Owner in writing of the maintenance required. If said notice is delivered to the non-performing Lot Owner and the noted condition is not remedied after a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the non-performing Lot Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in ARTICLE 8 of this Declaration. 10.2 Trees Each Lot Owner shall maintain trees located on the Owner's Lot and those trees within the street right-of-way abutting the Owner's Lot, unless the City of Renton has adopted a maintenance program. Page 18 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 10.3 Color Approval The Committee shall approve the color of paint to be used on any Building or fence in the same manner outlined in Section 9.2. 10.4 Roof Approval The Committee shall approve the type and the color of roofing materials used in the replacement or repair of roofs in the same manner outlined in Section 9.2. ARTICLE 11 PROPERTY USE RESTRICTIONS 11.1 Business and Commercial Use of Property Except as set forth in this Section, no trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Property. Lot Owners may conduct a home trade or business within a Lot provided that (a) the existence or operation of the trade or business activity within the Lot is not apparent or detectable by sight, sound or smell from the exterior of the Lot; (b) the trade or business activity conforms to all applicable zoning requirements; (c) the trade or business activity does not increase traffic beyond the usual residential volumes within the Property; (d) the trade or business activity does not increase the liability or casualty insurance obligation or premium of the Association; and (e) the trade or business activity is consistent with the residential character of the Association and does not constitute a nuisance or hazardous or offensive use, as determined in the sole discretion of the Board. The Board shall have final authority to determine if business conducted on a Lot is in compliance with this Section. 11.2 Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (a) customary name and address signs; (b) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence; (c) signs required by legal proceedings (and then the sign shall be no larger than eighteen (18) inches by twenty-four (24) inches, unless mandated by statute or court order); (d) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days); (e) promotional and sales signs of the Developer and/or its agents; and (0 permanent monuments (entry signage) and Common Area identification signs. 11.3 Parking Certain Vehicles No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lot or Common Area within the Property. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the Page 19 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane Committee and the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty-eight (48) hours in any calendar month. 11.4 Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot or Common Area within the Property, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Area or street; provided, however, that this Section 11.4 shall not apply to (a) emergency vehicle repairs which require less than twenty-four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Area, or the street. 11.5 Nuisances; Hazardous Activities; Lighting No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Lot Owners. No odors or loud noises shall be permitted to arise or emit from any Lot or Common Area so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. Decorative holiday lighting shall be removed no later than thirty (30) days after the date of the holiday. 11.6 Animals A Lot Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built-up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property even though it allows other animals to remain. When not confined to the Owner's Lot, pets within the Property shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the Board, at its sole discretion. 11.7 Trash Disposal Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Area. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view from the street and from adjoining Lots. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Lot Owner shall be solely responsible to remove and dispose of all such materials. Should any Lot Owner fail to comply with this covenant within ten (10) days following Page 20 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane , the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Lot Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. 11.8 Unsightly Conditions No Lot Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash,junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The Committee, in its sole discretion, may grant a written waiver of this Section, upon written application by a Lot Owner as provided in this Declaration. 11.9 Antenna An antenna, satellite dish or other device for the transmission or reception of television or radio (including ham radio) signals, or any other similar device may be located, used or maintained outdoors on any lot only if such device is screened from view from other Lots and the street. However, the Committee shall approve installation of any such device one (1) meter or less in diameter without such screening if the Lot Owner desiring to install such device demonstrates to the Committee that such screening would unreasonably delay or prevent installation, maintenance, or use of such device, unreasonably increase the cost of installation, maintenance or use of such device, or preclude reception of an acceptable quality signal. The Committee shall review and grant an exception for such device on a case-by-case basis upon written request by such Lot Owner desiring an exception. 11.10 Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 11.11 Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a Building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. 11.12 Oil Drilling, Etc. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot Page 21 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 11.13 Development Activities Exempted Nothing in this Declaration shall prevent Developer, its successors and assigns, and Participating Builders and their respective contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Developer deems necessary in order to accomplish such purpose. As used in this Section, "successors and assigns" specifically shall not include purchasers of Lots improved with completed residences. 11.14 Violations The Board, Developer, Lot Owner or their authorized representative shall give written notice of a violation of the restrictions of this Declaration to the Lot Owner or occupant, who shall have ten (10) days from the date of receipt of said written notice to take whatever actions are necessary to remedy said violation. If the Lot Owner or occupant fails to comply within said ten (10) day period, the Board, Developer, Lot Owner or their authorized representative may take whatever actions are necessary to bring the Lot Owner into compliance with these restrictions, including but not limited levying reasonable fines after notice and an opportunity to be heard. The Lot Owner in violation shall be responsible for paying all costs associated with enforcing these restrictions (including attorney fees) and the Association may collect such amounts as provided in ARTICLE 8. Said Lot Owners hereby grant to the Association an express easement for the purpose of enforcing these restrictions. ARTICLE 12 EASEMENTS 12.1 Easements The following nonexclusive, perpetual, appurtenant easements and those shown on the Map are hereby reserved for the benefit of and created, granted and conveyed to the Lot Owners, the Association or other parties as identified below: 12.1.1 Utility Easements. Utility easements are granted to utility entities as shown on the Map. The utility entities shall use the easements in such manner as to minimize inconvenience to the Lot Owners, damage to the roadway and existing structures and interference with other utilities. Said utility entities shall, at their own expense, repair any damage and restore the Property to as good a condition as existed prior to the performance of said work by said utility companies. Each Lot Owner agrees not to place locks on structures enclosing utility meters or to in any manner interfere with utility representatives' access to said meters at all times 12.1.2 Private Easements. As set forth on the Map, private easements for access, utilities, drainage and/or water are granted to certain Lots. A summary of said easements is set forth on the Easement Tables attached hereto as Exhibit B. The summary shows the Benefited Property and Burdened Property for each easement. Said easements shall be non-exclusive, perpetual and appurtenant and shall run with the land and bind the heirs, successors and assigns of the Lot Owners of both the Benefited Property and the Burdened Property. The Lot Owners of the Benefited Property shall maintain, repair and replace the facilities within the easement area (as described on the Map) and shall pay all costs thereof. If there is more than one Lot benefited by the same easement, then the Lot Owners of all of the Lots benefited thereby shall share said costs equally. The Lot Owner(s) of the benefited Lot(s) shall restore the landscaping and other improvements within the easement area to their Page 22 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane condition immediately prior to such maintenance, repairs or replacement. Except for access easements, prior to entering the easement area, the Lot Owner of the Benefited Property shall give the Lot Owner(s) of the Burdened Property reasonable advance notice, unless immediate entry is necessary due to emergent damage or threat to the Benefited and/or Burdened Property. So long as the Lot Owner of the Burdened Property does not interfere with the purpose of the easement or applicable City of Renton critical areas regulations, said Lot Owner shall have the exclusive right to make any and all decisions regarding the use, landscaping, paving and/or other improvements within the easement area, and shall pay all costs associated therewith. The Lot Owner of the Benefited Property shall hold the Lot Owner of the Burdened Property harmless from any and all claims, losses, damages and causes of action arising from or related to the use of the easement area by the Lot Owner of the Benefited Property. 12.1.3 Landscape, Fence and Entry Monument Easement. The Lot Owners of Lot 31 of Division 2, Lots 17, 18, 24 and 25 of Division 3 and Lots 1 and 2 of Division 4 hereby grant, convey and transfer to the Association a non-exclusive, perpetual easement over and across that portion of said Lots shown on the Map for the purpose of constructing, using, maintaining, repairing and reconstructing an entry monument or sign and a fence and for installing, maintaining and replacing landscaping. Said easements shall be Common Areas. The Association shall maintain, repair and restore any improvements and/or landscaping that it constructs or installs within the easement area. The cost of such construction, use, maintenance, repair, reconstruction and/or installation shall be paid by the Association as a common expense. These easements shall run with the land and shall bind the heirs, successors and assigns of the Owners of said Lots and the successors and assigns of the Association. 12.2 Maintenance of and Restrictions on Easement Areas The Association, its employees, agents and contractors, shall have a perpetual, nonexclusive easement over, under and across the Property with a right of immediate entry and continued access for the construction, improvement, maintenance and repair of the sanitary sewer system, storm water drainage system, detention pond, water system, roads, open spaces, common landscaping, natural growth protected areas, wetlands and all other Common Areas for which the Association is responsible. No structure, planting or other material shall be placed or permitted to remain under, on or in any easement which shall interfere with the use of the easement or which may damage or interfere with the installation and maintenance of the roadway, sewer or utilities, or which may damage, interfere with or change the direction or flow of drainage facilities within easements for installation and maintenance of roadway, utilities, sewer and drainage facilities. ARTICLE 13 GENERAL PROTECTIVE COVENANTS 13.1 Partition No part of the Property shall be partitioned, nor shall any Lot Owner or any person acquiring any interest in the Property or any part thereof seek judicial partition, except in accordance with the express provisions of this Declaration. 13.2 Subdivision or Combination No Lot or any part of the Property shall be divided or combined except on approval of seventy percent (70%) of the Members attending a meeting of the Association duly called for that purpose. Page 23 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane Upon such approval, the Association shall file an amendment to this Declaration as may be necessary to describe fully such combined or subdivided Lot or Lots or Property with the King County Recorder. 13.3 Leases Any lease agreement between the Lot Owner and a lessee shall be in writing. Such lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Bylaws, and that any failure by the lessee to comply with such terms shall be a default under the lease. If a lease agreement fails to so provide, the lessee shall still be subject in all respects to the provisions of this Declaration and the Bylaws by virtue of their being of record. 13.4 Mortgagee Protection The following provisions shall apply to and benefit each holder of a mortgage or beneficiary of a deed of trust given for the purpose of obtaining funds for the construction or purchase of a Building on any Lot or the improvement of any Lot ("Mortgagee" herein), notwithstanding and prevailing over any other provisions of this Declaration, the Bylaws, or any rules, regulations or management agreements: 13.4.1 Before Possession. Prior to the time a Mortgagee is entitled to possession of a Lot, Mortgagee shall not be personally liable for the payment of any assessment or charge, or for the observance or performance of any covenant, restriction, regulation, rule, Bylaw or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, as hereinafter provided. 13.4.2 During Foreclosure. During the pendency of any proceeding to foreclose said mortgage or deed of trust, the Mortgagee may exercise any or all of the rights and privileges of the Lot Owner of the mortgaged Lot, including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Lot Owner's exercise of such rights and privileges. 13.4.3 During Possession. At such time as said Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of this Declaration and the Bylaws, including, but not limited to, the obligation to pay for all assessments and charges accruing thereafter, in the same manner as the Lot Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of this Declaration which secures the payment of any assessment for charges accrued prior to the date said Mortgagee became entitled to possession of the Lot. 13.4.4 Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Building foreclosed against may be treated as a common expense of the other Lots. Any such unpaid assessments shall continue to exist as a personal obligation of the defaulting Lot Owner of the respective Lot. Page 24 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane I • ARTICLE 14 INSURANCE 14.1 Liability and Hazard Insurance The Association shall obtain insurance policies as the Board deems appropriate and in the best interest of the Members. All such insurance coverage shall be written in the names of each of the Members. The Developer shall bear the costs of insurance obtained by the Developer prior to conveyance of the Common Area. 14.2 Building Insurance Every Lot Owner, at his own expense, shall insure his own Building against loss or damage by fire or other casualty in an amount equal to the full replacement value thereof. Every Lot Owner shall secure liability insurance covering his Lot. 14.3 Common Area Repair and Replacement • If the property covered by the insurance specified in Section 14.1 is damaged or destroyed, the Association shall (to the extent permitted by any persons or entities to whom the damaged property is pledged as collateral), upon receipt of the insurance proceeds, contract to rebuild or repair such property to as good a condition as it was in when the loss occurred. The Association may contract with any licensed contractor for reconstruction or rebuilding of such property. During the Development Period, the Developer may elect to rebuild the damaged or destroyed portions of the property to the extent it receives insurance proceeds to cover said repair or reconstruction. 14.4 Building Repair and Replacement The Lot Owner of any Building damaged or destroyed by fire or other casualty shall, upon receipt of the insurance proceeds, contract to repair or rebuild the damaged or destroyed portions of the Building in a good workmanlike manner in conformance with the original plans and specifications of said Building. The plans and specifications for said Building may be modified and said Building may be reconstructed in accordance with said modified plans and specifications if the Lot Owner secured approval in conformance with Section 9.2. If the Lot Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or destruction, the Association is hereby authorized by such Lot Owner to repair and rebuild any such Building in a good workmanlike manner in conformance with the original plans and specifications. The Lot Owner shall then repay the Association the amount actually expended for such repairs. The Association shall have a lien against the Lot for such amount and the rights to collect said lien as provided in ARTICLE 8. ARTICLE 15 ENFORCEMENT 15.1 Rules and Regulations The Board is hereby authorized and empowered to adopt the rules and regulations governing the use of the Property and the personal conduct of the Members and their guests thereon, and to impose fines and other penalties for the infraction of any covenant set forth in this Declaration, the Bylaws or said rules and regulations. The Board shall notify all Lot Owners in writing within thirty (30) days of the adoption of said rules and regulations. Page 25 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 15.2 Enforcement The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules and regulations promulgated by the Board by any proceeding at law or in equity. During the Development Period, the Developer may exercise this enforcement power on behalf of the Association. The City of Renton may enforce any restrictions, conditions, covenants, reservations, liens or charges for maintenance of the Common Areas and common facilities. 15.3 Remedies The remedies provided herein for collection of any assessment, fine, charge or claim against any Member, for and on behalf of the Association or Developer, are in addition to, and not in limitation of, any other remedies provided by law. 15.4 Waiver The failure of the Association, the Developer, any Lot Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 15.5 Costs and Attorney Fees If any authorized person or entity (including Developer and the City of Renton) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be entitled to the award of reasonable attorneys' fees and costs incurred in said action whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation, appeal, bankruptcy or pre- or post judgment collection. ARTICLE 16 AMENDMENT OF DECLARATION 16.1 Developer's Reserved Rights The Developer reserves the right and, on behalf of all Lot Owners, is hereby authorized to execute and to have recorded any amendments to this Declaration it deems necessary prior to the termination of the Development Period. All Lot Owners hereby grant to the Developer a full and complete power of attorney to take those actions and agree that said amendments shall be binding upon their respective Lots and them and their assigns to the same extent as if they had personally executed said amendments. All Lot Owners hereby acknowledge and agree that the power of attorney granted herein shall be deemed coupled with an interest and shall be irrevocable. Page 26 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 16.2 Amendment by Members After termination of the Development Period, this Declaration may be amended upon approval by a vote of seventy percent (70%) of the Members in attendance at a meeting duly called for said purpose. Votes shall be cast by written ballot either in person or by proxy at a meeting duly called for such purpose at which a quorum is present. The notice of said meeting shall include a copy of the proposed amendment. Members may also vote by executing a document in writing consenting to said amendment, which written consent may be submitted either prior to or within thirty (30) days following the date of said meeting. After such approval, the President and Secretary of the Association, for and on behalf of the Lot Owners, shall execute and record said amendment. 16.3 Amendments Affecting Maintenance or Operation of Common Areas Notwithstanding the foregoing, no amendment to alter the obligation of the Developer or the Association to the City of Renton for maintenance of the drainage facility, recreational facility, sensitive area tract, commonly owned landscaping or commonly owned trees, or to maintain and pay for maintenance or operation of the Common Areas shall be effective without the written consent of the City of Renton or its successor-in-interest. 16.4 Power of Attorney All Lot Owners hereby grant to the Association (or Developer during Development Period) a full and complete power of attorney to take any and all actions necessary to effectuate and record any amendment and agree that said amendment when authorized and recorded as provided in this Article shall be binding upon their property and them and their respective legal representatives, heirs, successors and assigns to the same extent as if they had personally executed said amendment. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. ARTICLE 17 LIMITATION OF LIABILITY; INDEMNIFICATION 17.1 Limitation of Liability No person who serves as a member of the Board (including the initial Board) or as an officer of the Association (including Developer) shall be personally liable to the Association or any Lot Owner or any other party for conduct as a member of the Board and shall be protected to the fullest extent permitted by law. If Washington State Law is amended after adoption of this Declaration, then the liability of each Board Member and officer of the Association shall be limited to the full extent permitted by the Washington State Law, as so amended. No repeal or modification of this Section 17.1 shall adversely affect any right or protection of a Board Member existing at the time of such repeal or modification. 17.2 Indemnification The Association shall indemnify and hold all persons who serve as a member of the Board or the initial Board or as a Board Member and officer of the Association (including Developer, to the extent Developer acts in any such capacity), harmless to the full extent permitted by Washington State Law as it now exists or as it is amended hereafter. This indemnification shall continue as to a person Page 27 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane who has ceased to be a Board Member and/or officer and shall inure to the benefit of that person's heirs, personal representatives, or assigns. The Association may, upon written request, advance expenses incurred by the Board Members and/or officers entitled to this indemnification. If a claim for indemnification or advance of expenses is not paid within sixty (60) days after a written claim has been received by the Association, the claimant may sue the Association to recover any unpaid amount. If successful, the claimant shall be entitled to reasonable costs and attorneys' fees. In addition, the Association shall have the power to indemnify an officer who is not a Board Member, as well as employees and agents of the Association who are not Board Members (including the Developer), to the full extent permitted by Washington State Law as it now exists or is amended hereafter. Whether an officer, agent or employee who is not a Board Member should be indemnified and the amount of indemnification to be provided shall be determined by general or specific action of the Board of Directors. The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a Board Member, officer, employee, or agent of the Association against any liability asserted against him and incurred by him in such capacity or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of Washington State Law. The Association shall indemnify, defend and hold any Board Member or officer harmless for any obligation of the Association which the Board Member or officer personally guaranteed, so long as that Association obligation has been authorized and/or ratified by the Board of Directors as provided for in the Bylaws. If any provision of this Section 17.2 is in violation of the Washington State Law in effect at the time of the request for indemnification, then that provision shall be automatically modified to provide the broadest indemnification available under the existing Washington State Law. The rights to indemnification, limitation of liability, and to the advancement of expenses conferred in Sections 17.1 and 17.2 shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, the Association's Articles of Incorporation, Bylaws, agreement, or vote of Members, disinterested Board Members or otherwise. ARTICLE 18 GENERAL PROVISIONS 18.1 Term The provisions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Lot Owners, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded, after which time said provisions shall be automatically extended for successive periods of five (5) years, unless within one hundred eighty (180) days of the end of such period, ninety percent (90%) of the Lot Owners vote not to extend them. Page 28 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 18.2 Subordination A breach of any of the provisions contained herein or any reentry by reason of such breach shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said premises or any part thereof; but said provisions shall be binding upon and effective against any Lot Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise. 18.3 Notice Any notice required by this Declaration, Bylaws, or the rules and regulations adopted by the Association shall be deemed properly given if mailed by ordinary mail to the last address furnished to the Developer or the Association. If no mailing address has been provided, such notice shall be addressed to the address of the Lot. Such notices shall be deemed received three (3) days after it has been deposited in the U.S. mail. 18.4 Examination of Records Any Lot Owner may examine the books and records of the Association on reasonable advance notice during working hours at the offices of the Association at Lot Owner's own expense. At least annually, the Board shall prepare, or cause to be prepared, a financial statement of the Association. The Board may, at its sole discretion, obtain an audit of all books and records pertaining to the Association at such intervals as the Board shall determine, and copies shall be furnished to the Lot Owners. Such audit obtained by the Board shall be a common expense. 18.5 Severability Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 18.6 Gender This Declaration is to be read and understood with all appropriate changes of a number and gender as required by the context. [This Section Intentionally Left Blank] Page 29 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 18.7 Headings The captions in this Declaration are for convenience only and do not in any manner affect, limit, or amplify the provisions hereof. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal the day and year first above written. DEVELOPER: WEDGEWOOD AT RENTON, INC. By: ,J ' 4 — CFR 4 '. /•to It ra" Its: k1, /�ru�-► KBS DEVELOPMENT CORPORATION By: Its: '...5: Page 30 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) fc z THIS IS TO CERTIFY that on this , y day of (L , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Eiggitcp F{UcL TD, personally known or having presented satisfactory evidence to be the VI c,j ¢'Rg,..( ¶ of Wedgewood at Renton, Inc., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNES\Oliatigkand official seal the day :nd y-s r in this c. a1; first above written. "41/40.,,...."Pir" OA .kA 0A-7.4 r.4 • woo Pr 'ame: r'�i1,iMai�s / Z Z Notary Public inl.°1 for the �tAA C? `* State of Washington, residing at-e(e) 1. ©F W A.,,k Expiration Dat //0--69/ —4.) inittitOW STATE OF WASHINGTON ) ) ss. . COUNTY OF KING ) THIS IS TO CERTIFY that on this'll day of Are-/C.- , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came ,4'e.LtA.) 8.7?rd2, personally known or having presented satisfactory evidence to be the 0 3/zeiuy of KBS Development Corporation, a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day .a - ilir. in - tificatefirst above written. ,iiip#AA oottitti Ar;i1Wwb,-._:_i .4 3 GILT ji1� PIP'ame7 moi,. a�, ��4 r ~ 1,1 . ary Public rd for t - 1.; Z State of Washington, resi t 12..S yr 1 opsd Op_: <� c/ u.21f 95 far V;\.......Y"' b C? Expiration Date: /(--0 /•--(6 1 •7,/ FtW ctA'0• Page 31 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane • • • EXHIBIT A LEGAL DESCRIPTION DIVISION 1; LOT 2 OF CITY OF RENTON SHORT PLAT NO. LUA-03-052-SHPL, ENTITLED: BINDER SHORT PLAT, ACCORDING TO PLAT RECORDED JULY 21, 2004 UNDER RECORDING NO. 20040721900001, IN KING COUNTY, WASHINGTON. DIVISION 2; PARCEL "A" PARCEL A OF CITY OF RENTON WEDGEWOOD LANE LOT UNE ADJUSTMENT LUA-05-108-LLA AS RECORDED UNDER RECORDING NO. 20051222900001. IN KING COUNTY, WASHINGTON. PARCEL "B" THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF TI-E WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 170 FEET THEREOF. PARCEL "C" THE SOUTH 30 FEET OF WEST 170 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENSION BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL 'b" THE NORTH 165 FEET OF THE SOUTH 330 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENSION BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL "E" THE WEST 170 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE P'ORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF TIHE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 82.75 FEET; ALSO EXCEPT THE SOUTH 141.00 FEET; AND EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENSION BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL "F" THE SOUTH 141.00 FEET OF THE WEST 170 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENSION BY DEED RECORDED UNDER RECORDING NO. 3081014; AND EXCEPT THE SOUTH 30.00 FEET THEREOF. Page 32 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane • DIVISION 3; PARCEL "A" THE WEST HALF OF THE SOUTH 10 ACRES OF THE NORTH 50 ACRES OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL "A-1" AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE SOUL-I 10 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL "A". PARCEL "B" PARCEL B OF CITY OF RENTON WEDGEW00D LANE LOT UNE ADJUSTMENT LUA-05-108—LLA AS RECORDED UNDER RECORDING NO. 20051222900001, IN KING COUNTY, WASHINGTON. DIVISION 4; THE NORTH 15 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND THE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. DIVISION 5; THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO.. 3261892. Page 33 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane I EXHIBIT B EASEMENT TABLES Divisions 1, 2 and 3 Easement Note No. Burdened Property Benefited Property Purpose of Easement (see Note a) Lot(s) Division(s) Lot(s) Division(s) 2 - -- 1__ - 1 -----------1'-2---------- 1 Drainage 14 3 14 3 g 3 4 1 4, 5, 6, 7 1 Drainage • 4 8 1 8, 9 1 Drainage 5 11, 12, 13 1 10, 11, 12, 13 1 Drainage _ 16 1 ____ 16, 17 ___ 1 6 -- 12, 13 ,- 3 12, 13 T 3 --- Drainage 8 5, 6 1 5, 6, 7 1 Access & Utilities 9 11 1 10, 11 1 Access & Utilities 10 13, 14 1 13, 14, 15 1 Access & Utilities 11 4 1 4, 5, 6, 7 1 Access & Utilities 14 11 1 10 1 Water 15 18 1 13, 14, 15 1 Water 16 15 1 14, 15 1 - Drainage 9, 10, 11, 13 y 3 17 3 2 2, 3 2 Drainage 18 5, 6 2 4, 5, 6 2 Drainage 19 8, 9 2 7, 8, 9 2 Drainage 20 11, 12, 13 2 10, 11, 12, 13 . 1 Drainage 21 15 2 14, 15 2 Drainage 22 19, 20 2 19, 20, 21 2 Drainage 23 22, 23, 24 2 22, 23, 24, 25 2 Drainage 24 26, 28, 29 2 26, 27, 28, 29 2 Drainage 25 31, Tract B 2 30, 31 2 Drainage 26 32, 33 2 32, 33, 37 2 Drainage 27 35 2 34, 35 2 Drainage 28 38 2 36 2 Drainage 29 38 2 38, 39 2 Drainage 30 40, 41 2 40, 41, 42 2 Drainage 31 44, 45 2 43, 44, 45 2 Drainage 32 2 2 1 2 Sewer 33 13 2 11, 12 2 Water 34 28 2 26, 27 2 Water 35 12 2 11 2 Access & Utilities 36 26 2 27 2 Access & Utilities Page 34 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane r , , Easement Note No. Burdened Property Benefited Property Purpose of Easement (see Note a) Lot(s) Division(s) Lot(s) Division(s) 41 Tract A 2 1 2 Drainage 43 5, 6, 7 3 4, 5, 6, 7, 8 3 Drainage 44 9, 10 3 8, 9, 10, 11 3 Drainage 45 16 3 15, 16, 17 3 Drainage 46 21, 22 3 21, 22, 23, 24 3 Drainage 47 23, 24 3 22, 23, 24 3 Drainage 48 25 3 25, 26 3 Drainage 49 21, 28, 29 3 27, 28 3 Drainage 50 31, 32, 33, 34, 3 30, 31, 32, 33, 3 Drainage 35, Tract G 34, 35 52 18, 19, 20, 22, 3 18, 19, 20, 22, 3 Access 23, 24 23, 24 Divisions 4 and 5 Easement Note No. Burdened Property Benefited Property Purpose of Easement (see Note b) Lot(s) Division Lots(s) Division 2 9, 10 4 8, 9 4 Drainage 5 2, 4, 5, 7 4 2, 3, 4, 5, 6, 7 4 Access & Utilities 7 5 4 6 4 Sewer 8 11, 12, 13 5 10, 11, 12, 13 5 Drainage 9 7, 8, 9, 10 5 6, 7, 8, 9 5 Drainage 10 3, 4, 5, 6 5 2, 3, 4, 5 5 Drainage 11 2, 3 5 1 5 Drainage Notes: a. The Easement Note No. is the Easement Note No. shown on Sheet 2 of 11 of the Divisions 1, 2 and 3 Map. b. The Easement Note No. is the Easement Note No. shown on Sheet 2 of 5 of the Divisions 4 and 5 Map. c. The easements referred to in Easement Note Nos. 2, 6 and 16 of Divisions 1, 2 & 3 Map create easements that benefit and/or burden easements in more than one Division of the Property. Page 35 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane • EXHIBIT C FINAL WETLAND AND STREAM MONITORING AND MAINTENANCE PLAN, WEDGEWOOD LANE DIVISIONS 1, 2, 3 AND 4 • Page 36 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane FINAL WETLAND AND STREAM MONITORING AND MAINTENANCE PLAN WEDGEWOOD LANE DIVISIONS 1, 2, 3, AND 4 Project No. 40401 Prepared for: Landtrust, Inc. 1520 - 140th Avenue NE Suite 200 Bellevue, Wa. 98005 Attention: Mr. Patrick Gilroy Prepared By: AlderNW 518 North 59th Street Seattle, Wa. 98103 206-783-1036 email AlderNW@comcast.net March 27, 2007 L-- FINAL WEDGEWOOD LANE DIVISIONS 1,2,3, AND 4 WETLAND AND STREAM MITIGATION MONITORING AND MAINTENANCE PLAN GENERAL SITE CONDITIONS The Wedgewood Lane Project is located on the east side of east side of Hoquiam Avenue between NE 10th Street and NE 121st Street. It includes several parcels being combined to create Wedgewood Lane Divisions 1, 2, 3, and 4. The property is situated within a transitional neighborhood where existing residences on large lots are being replaced with single-family residential subdivisions. Adjacent properties on the west side of Hoquiam Avenue NE are occupied by existing residential subdivisions. The property to the east is currently undeveloped although applications are in process to King County to develop it as a residential subdivision. Topographically, the property generally slopes gently down from Hoquiam Avenue along the west side of the roe toward the wetland alongthe east side. Slopes on the east side of the project are somewhat steeper. property P This property is within the May Creek drainage sub-basin of the Cedar River Basin. Drainage from the property flows eastward to Honey Creek which flows from south to north through the larger Wetland D along the east side of the project area. Honey Creek is tributary to May Creek, approximately 2 miles northwest of the property. The City of Renton Water Class Map identifies the stream section starting north of NE 10th Street as a Class 4 water. The steam is not shown on the Water Class Map as extending south of SE 116th St. The stream section adjacent to the Wedgewood Lane project has been designated as a Class 4 water requiring a 35ft buffer. WETLAND AREAS The Wetland Evaluation Report for Wedgewood Lane Divisions 1, 2, 3, and 4 dated November 20, 2006, describes the identified the wetland areas on the four divisions. As described in that report there are four separately identified wetlands within the project boundaries. Two of these, Wetlands A and B, are small isolated areas with areas of 1,998sq.ft and 5,887sq.ft respectively. Wetlands C within Division 3, is continuous with Wetland F on Division 4. It occupies an area of approximately 1,690sq.ft on Division 3 and approximately 7,255sq.ft. on Division 4. Seasonal Stream Corridor There is a seasonal stream which originates as the roadside ditch in Hoquiam Avenue. It enters the project area in Division 4. It flows across Division 4 and through Wetlands F and C. From Wetland C on Division 3, it flows approximately 450 feet across Division 3 within a poorly defined channel before entering Wetland D-2, an extension of the larger Wetland D. Himalayan blackberry(Rubus discolor) is the predominant vegetation growing over the channel where it crosses Wedgewood Lane Division 3. This drainage course, where it crosses Division 3 meets the criteria for designation as a City of Renton Class 4 water, because it is intermittent and does not include salmonid habitat. The standard buffer assigned for Class 4 water is 35ft. PROPOSED DEVELOPMENT—WETLAND/STREAM IMPACTS It is proposed to develop the property for construction of a residential development in four divisions, as shown on project maps by Core Design, Inc., and on the Wetland and Stream Mitigation and Monitoring Plan(Sheets 1 to 7). The Wetland and Stream Mitigation and Monitoring Plan is designed to mitigate for wetland and buffer impacts. Storm Water Treatment Facilities Storm water run-off from the developed area will be treated in two separate storm water treatment facilities being constructed on the east side of the project within proposed Division 3. Construction of the pond berms involves temporary disturbance to the outer limits of the wetland buffer. The extent of the work for construction of the storm-water treatment ponds is illustrated on grading plans prepared by CORE Design. The affected buffer areas are included in the Mitigation Planting plans for the project. Roof and footing drains from residential building lots adjacent to Wetland D are being discharged by way of level spreaders within the wetland buffer at 16 locations. Areas affected by this construction are included in the Mitigation Planting Plans. Outfalls from the two storm water treatment facilities are similarly included in the Mitigation Planting Plans. Sanitary Sewer Construction Sanitary sewer service for the project will be provided by installation of a lift station along SE 116th Street at the north end of the project. This pump station will direct flows to existing sanitary sewer lines. Construction of the pipeline to connect with the pump station includes a connection to a residential development to be constructed on the east side of the larger off-site wetland. The pipe line crosses the smaller section of Wetland D, designated as Wetland D-3. The new pipeline will also cross a portion of Wetland D-2 buffer area north of the southern storm water treatment pond. The wetland and buffer areas affected by the sanitary sewer line construction are included in the Mitigation Planting Plan. Road Construction Construction of the road system serving the Wedgewood Lane project impacts the wetland or stream and buffers on the property at four locations. Construction of the access road from SE 116th Street into Division 3 will require a crossing of the seasonal stream. Mitigation for the stream crossing is being provided by enhancing the vegetative cover along the stream. Continuation of the roadway to the south toward the south will fill Wetland A. Wetland A is a small isolated wetland of less than 2,500sq.ft As a small isolated wetland of less than 2,500 it is exempt from wetland regulation under Renton City Sensitive Area regulations. Grading for construction of Jericho Place NE at the south end of Division 3 involves some fill placement over the outer margin of the buffer for the roadway berm. This affected buffer area will be restored with plantings of native trees and shrubs, Construction of the Access road to Division 2 from Hoquiam Avenue will require unavoidable impact to Wetland B. The location of the entrance road is defined by the location of SE 121st Street. Because of the requirement to match new roads with existing intersections there is no alternative location for the roadway to enter the project. The City of Renton requires that "The overall goal of any compensatory project shall be no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of"no net loss" means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function." Mitigation for filling Wetland B in Division 2 is being provided by creating approximately 6,100sq.ft of new wetland and enhancement of approximately 8,124sq.ft of the existing wetland within Division 3. Wetland Mitigation Concept. Mitigation for the impact to Wetland B in Division 2 will be carried out within Division 3. For construction of the roadway, 5,887sq.ft of the wetland habitat area will be impacted. Mitigation for the impact to the wetland will be provided by creation of a minimum of approximately 6,100sq.ft. of new wetland and enhancement of approximately of 8,124sq.ft of existing wetland within Division 3. Wetland Mitigation by Wetland Creation There are two areas identified to provide for wetland creation to satisfy the mitigation requirement. The southern of these two areas is adjacent to the large wetland along the east side of the property. This area is currently occupied by dense Himalayan blackberry. A portion of the area is occupied by pasture grasses. The second of the two areas is located between the two westward extensions of the large wetland. This area is primarily vegetated in Himalayan blackberry with some scattered black cottonwood trees. Wetland Creation over both of these areas will be accomplished by shallow excavation to allow overflow from the wetland into the wetland creation area. The combined mitigation area is approximately 6,100sq.ft. These two areas identified for wetland creation will provide the required 1:1 replacement ratio as required. In accordance with the City of Renton Wetland regulations additional mitigation in the form of wetland enhancement is also being provided. Wetland Mitigation by Wetland Enhancement There are two wetland areas where it will be feasible to provide mitigation by enhancement of the existing wetland. These include approximately 2,700sq.ft of the existing wetland C, and approximately 3,100sq.ft of the existing wetland at the lower end of the seasonal stream. Approximately 8,124sq.ft of wetland will be enhanced on these two locations. Wetland C has been impacted by its use as horse pasture. Enhancement of the area will involve planting the area with native trees and shrubs, and a maintenance program over the minimum five year monitoring period to control the growth of invasive species. The wetland at the lower end of the seasonal stream is currently occupied by Himalayan blackberry. Enhancement of this existing wetland will be carried out by removing and then controlling the growth of Himalayan blackberry and other invasive species. Plantings of native trees and shrubs will be made on the area to accelerate the establishment of a native habitat. The mitigation work to enhance the wetland area will also include the surrounding buffer areas. Stream Mitigation Mitigation to compensate for the impact to the seasonal stream for construction of Jericho Place NE will be provided by enhancing the vegetative cover along the stream corridor. Mitigation work will involve removal and control of the Himalayan blackberry along the stream corridor and replanting with native trees and shrubs. This work will be carried out in conjunction with the work in the adjacent wetlands and will be similar to the wetland enhancement. GOALS AND OBJECTIVES Wetland Mitigation (Enhancement and Creation) With implementation of the proposed mitigation design concept, the wetland functions impacted by Wetland B in Division 2 will be replaced by creation of 6,100sq.ft of new wetland and by enhancing approximately 8,124sq.ft of existing disturbed wetland area. The areas included are somewhat larger than the minimum requirements. The general goal of the mitigation plan is to create a wetland habitat area which has comparable or greater function as is found in the existing wetland and stream to be impacted. This goal will be accomplished by replacing the area to be filled with new wetland, and by enhancing portions of the existing wetland and buffer. With completion of the mitigation design plan the total wetland area on the project will be expanded. The wetland mitigation design involves four general objectives: 1. Establish new scrub-shrub wetland habitat which mimics native plant communities on a minimum of 5,887sq.ft. of created wetland area, having a minimum of four wetland shrub species and two wetland tree species. (Area shown on mitigation plan drawings is somewhat greater than the minimum required.) 2. Control the growth of invasive plants, including Himalayan blackberry and Scot's broom on the areas included in the mitigation plan. • 3. Enhance existing wetland area occupied by emergent habitat to establish 8,124sq.ft of scrub-shrub habitat with a minimum of four native shrub species and three native tree species. 4. Enhance existing steam and wetland buffer area. Enhancement involves control of non native weedy species and establishment of native shrub growth on the buffer. Trees are included in the planting plan so that a forest component will be established over time. Wetland Hydrology/Water Regime The areas designated for the wetland creation and enhancement will be hydrologically supported by natural drainage patterns. In addition, the proposed grading for wetland creation will intercept the shallow perched water table which is present across the site to create wetland hydrological conditions. The grading plan for the new wetland area is designed to match the elevations in the adjacent wetland with the intent of allowing surface and subsurface water to spill into the newly created wetland area. The hydrological objective of the mitigation design is to maintain saturated soils to within 12 inches of the surface within the wetland creation area at least until May 1 of each year. Stream and Wetland Buffer Enhancement The general goal to be achieved on the Stream and Wetland Buffer enhancement areas is to remove and control the growth of the Himalayan blackberry present on the areas and to establish native trees and shrubs on the designated buffer areas. This mitigation by buffer enhancement has two general objectives: 1. Enhance Existing stream and wetland buffer area. Enhancement involves control of non- native weedy species and establishment of native shrub growth on the buffer. Trees will be included in the planting plan so that a forest component will be established over time. The enhanced buffer areas will have a minimum of four native shrub species and three native tree species. 2. Control the growth of non-native invasive species including Himalayan blackberry and Scotch broom (Cytisus scoparius) among others included in the Department of Ecology listing of invasive species. Buffer Restoration Area. The general goal for the plantings on the buffer restoration areas is to accelerate the establishment of native shrubs and trees on the affected buffer areas. The buffer restoration design has two general objectives: 1. Restore the affected buffer areas to support native scrub-shrub habitat with a minimum of 4 shrub species and three native tree species. 2. Limit the growth of non-native species including Himalayan blackberry and Scotch broom among other species included on the Department of Ecology listing on invasive species. WETLAND MITIGATION MONITORING Standards of Success A determination of the success in achieving the buffer/wetland mitigation goals and objectives will be based on the following standards: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the minimum five year monitoring period. Plant species composition shall meet the intent of the mitigation goals. 2. A minimum of 80- percent survival of planted trees and shrubs at the end of each of the minimum five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than twenty percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. 5. Creation and maintenance of a minimum of 5,887sq.ft of scrub-shrub wetland combined between the two areas designated as wetland creation. The wetland creation area shall have a minimum of three native scrub-shrub species within the wetland creation area. 6. A water table within 12 inches of the surface through May 1 of each monitoring year. Sampling Methods Vegetative cover will be sampled by measurements along 50-foot long permanently established transects. Data to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be located to provide adequate sampling of the different vegetation zones in the mitigation area. A minimum of five transects will be established to sample the buffer and wetland mitigation areas. Permanent stakes will identify the end points of each transect. In addition to the sample transects, permanent photo points will be established from which the mitigation area can be photographed. These photos will provide a pictorial record of the development of the area over time and will be used to supplement the quantitative sample transects. Water levels within the created wetlands will be monitored using shallow monitoring wells installed within the two wetland creation areas. A minimum of two monitoring wells will be installed in each creation area. Monitoring Schedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to ensure that mitigation design objectives are being met. It is important that wetland biologist provide observation and consultation services when work is underway within mitigation areas. This is to assure that enhancement design is being appropriately interpreted and to be available to provide consultation and make adjustments in the event changed conditions are encountered and to identify the specific limits of work. An initial report describing the as-built conditions will be prepared for submittal to City of Renton when construction work has been completed. This report will be prepared upon completion of the plantings for the project and will identify the work completed and document the baseline conditions for defining the success of the project in subsequent monitoring reports. Following completion of the project the mitigation areas will be monitored on the following schedule. 1. As-built monitoring to be completed within 30 days after completion. Mitigation grading and plant materials have been installed. 2. Quarterly during the first year after installation of the plant materials and during June or July of the second,third, fourth and fifth years after installation. 4. Final inspection of the mitigation project, five years after the mitigation plantings were installed and the mitigation work accepted as complete. 5. Hydrologic monitoring of the mitigation areas will be done five times (approximately 14 day intervals) between March 1 and May 1 during the each of the five years of the monitoring period. The first hydrologic monitoring shall be completed by March 1,2007. The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These reports will be submitted to City of Renton within three weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the minimum five year monitoring period to be submitted within thirty days of completing the final mitigation inspection. This final report will address the success of the project in meeting the project objectives. First Year Quarterly Monitoring Quarterly monitoring during the year following completion of the planting is intended to assure that the plant materials are surviving and the installation has been successful. Monitoring inspections completed during the first year are primarily intended to provide qualitative reports identifying maintenance requirements and to identify any possible remediation measures required to assure that the plant materials have been adequately installed and that other elements of the mitigation plan are in place as intended. First Year Quarterly Monitoring Standards of Success As-built Report December All work is to have been completed and plant materials installed in accordance with the Mitigation Plan. As-built plan will identify any deviations from the plan where required by conditions encountered. First Quarter Standards 1. Minimum 80 percent survival of planted trees and shrubs. 2. Less than twenty percent cover by invasive weedy species. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed prior to scheduled monitoring visit in June,2007. 2°d Quarter Standards 1. Verify that maintenance recommendations identified in the first quarterly report have been completed as necessary. 2. Less than twenty percent cover by invasive weedy species. 3. Review irrigation requirements for the project and confirm that irrigation will be available as required. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to scheduled monitoring visit in September, 2007. 3`d Quarter Standards 1. Verify that maintenance recommendations identified in 2nd quarter report have been completed as necessary. 2. Less than twenty percent cover by invasive weedy species. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to scheduled monitoring visit in December, 2007. 4th Quarter Standards 1. Minimum 80% percent survival of planted trees and shrubs. 2. Less than twenty percent cover by invasive weedy species. 3. Verify that maintenance recommendations identified in 3rd quarter report have been completed as necessary. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Care and Maintenance The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass can be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigation will be required during the first summer and possibly during the second summer after installation. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. Requirements for replacement of dead plant materials shall be identified during the monitoring inspection. Replanting as necessary will be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. PLANT SCHEDULE SYMBOL SCIENTIFIC NAME COMMON NAME SIZE QUANTITY Ce Thuja plicata Western Red Cedar 4' 190 BLM Acer macrophyllum Big leaf maple 3'-4' 29 Df Pseudotsuga menziesii Douglas fir 3'-4' 64 He Tsuga heterophylla Western hemlock 3'-4' 33 Willow Salix sitchensis willows cuttings 770 Osier Cornus stolonifera Red osier dogwood cuttings 1360 Snow Symphoricarpos alba snowberry 2 gal 900 rose Rosa nootkana Nootka rose 2 gal 820 Ap Pyrus fusca Crab apple 2'-4' 19 Nb Physocarpus capitatus Nine bark 2'-4' 57 Prose Rosa pisocarpa Pea-fruited rose 2 gal 160 Hn Corylus cornuta Hazelnut 2'-4' 61 salal Gaultheria shallon salal 2 gal 330 Cu Ribes sanguineum Red flowering currant 3gal 21 Sb Amelanchier alnifolia Serviceberry 2'-4' 51 Po Populus tremuloides aspen 2'-4' 80 Willow and red osier dogwood cuttings shall be minimum 3ft in length and minimum 1/2"diameter. Cuttings shall be planted with minimum 12"in contact with soil. Rooted cuttings shall be used for planting made during summer months. LWD (Large Woody Debris) Place minimum of 8 pieces of LWD in wetland at approximate locations noted. LWD can include mix of stumps having minimum trunk diameter of 12", and logs with minimum diameter 12' and minimum length 10'. Pieces for use shall be approved by wetland biologist prior to placement. Plant materials shall be placed in approximate locations shown on planting plan. Trees shall be placed at average spacing of 12ft O.C. Shrubs shall be placed at average spacing of 5ft on center. Where groupings of shrubs are shown on planting plan, shrubs shall be planted in groups with internal spacing of 2ft to 3ft. • CONSTRUCTION NOTES 1. Prior to beginning any work, a pre-construction meeting will be held for review of procedures, project scheduling and availability of plant materials. Representatives of City of Renton, project owner, participating general and landscape contractors, and AlderNW shall be invited to attend this meeting. 2. Prior to beginning site work, Temporary Erosion Control fencing shall be installed to identify the limits of clearing along the east side of the proposed building. See plans prepared by CORE Design for fencing details. 3. Finish grades in wetland mitigation area shall be reviewed in the field before beginning work and may be adjusted as necessary to match existing elevations. 4. Project biologist shall identify and mark the mitigation areas prior to beginning work on the mitigation and buffer areas. The boundary may be adjusted to preserve existing features. 5. It is important to the success of the project in meeting the mitigation objectives that the project biologist provide observation services during work on the mitigation areas. The wetland biologist will be available to make design adjustments depending on conditions encountered during construction. Upon completion of the work a report will be prepared documenting the as-built conditions. 6. Contractor shall be responsible to provide sound, healthy,vigorous plants without defects. Contractor will provide irrigation for new plant materials as necessary and shall warrant survivability of plants for one year after acceptance of planting. Wetland biologist shall have opportunity to examine and approve plant materials prior to installation. 7. Plantings of nursery stock may be made depending on availability from suppliers. The preferred planting time is during the winter dormant season, November through March. Contractor should contact suppliers to verify availability of plant materials for the anticipated planting season 8. All planting and seeding activities shall conform to normal landscape industry standards. 9. All installed plants should be clearly marked and identified to simplify subsequent monitoring. 10. Plant substitutions may be possible with approval of wetland biologist and City of Renton. Any substitutions will be native to the Puget Sound region. 11. Non-native weedy species including Scot's broom, Himalayan blackberry, and reed canarygrass shall be cut within the wetland and buffer area at time of construction work. Control measures should also be provided during the five year monitoring period to control growth of Himalayan blackberry and other non native weedy species. Project biologist will identify plants to be cut and will identify and mark plants to be preserved within mitigation area. Mitigation Installation Schedule Grading work for much of the project has been completed, including grading work along the stream corridor and for the wetland mitigation area adjacent to the seasonal stream corridor. AlderNW was present periodically during work within the mitigation areas. AlderNW shall be notified when this grading work is scheduled to be completed to be present to assist in interpreting the intent of the mitigation grading design. EXHIBIT D MAINTENANCE RECOMMENDATION FOR H.O.A. OWNED AND MAINTAINED SURFACE WATER MANAGEMENT FACILITIES FOR WEDGEWOOD LANE DIVISIONS 1, 2, 3, 4 AND 5 Page 37 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane MAINTENANCE RECOMMENDATIONS FOR H.O.A. OWNED AND MAINTAINED SURFACE WATER MANAGEMENT FACILITIES FOR WEDGEWOOD LANE DIVISIONS 1, 2, 3, 4 AND 5 RENTON, WASHINGTON Prepared by: Core Design, Inc. 14711 N.E. 29th Place, Suite #101 Bellevue,WA 98007 (425) 885-7877 Project Manager: Edgar T.Jones, P.E. Core Project No.: 01045 Date: November, 2006 Contents Section I—Introduction 3 Section II—Maintenance Recommendations for Ponds and Associated Facilities A. Type II Catch Basin(also referred to as Manhole or Control Manhole) 4 B. Flow Restrictor 6 C. Debris Barrier 8 D. Energy Dissipater 8 E. Pipe 10 F. Access Road 10 G. Other-Specific to FC Ponds 12 H. Other-Specific to Wet Ponds 14 Section III — Maintenance Recommendations for Individual Lot Stormwater Management Facilities A. Basic Dispersion Trench 17 B. Permeable Pavement(Wedgewood Lane—Div. 5 only) 17 Appendix A: Disposal of Trash Debris and Sediment 20 Appendix B: Facility Sketches Figure B-1-Typical Basic Dispersion Trench 22 Figure B-2 -Typical II Catch Basin 23 Figure B-3 -Typical Flow Restrictor(T-section) 24 Figure B-4-Typical Detention Pond 25 Figure B-5 -Typical Wetpond 26 Appendix C: Maintenance Checklist 28 2 Section I — Introduction This report has been prepared to serve as a guide in the maintenance efforts needed for the privately owned stormwater management facilities located within the plat of Wedgewood Lane, Divisions 1, 2, 3, 4 and 5. The recommendations contained in this manual should be considered the minimum necessary under normal operating conditions. Additional inspections and maintenance may be necessary after significant storm events. The information contained herein was taken from the 2005 King County Surface Water Design Manual. Although this plat is located in the City of Renton, the City utilizes the King County manual for stormwater facility design requirements. Additional information about the design and maintenance of these facilities can be found in that manual, which is available for review at the offices of the King County Dept. of Development and Environmental Services, the City of Renton and some local library branches. The website for King County Government also may be a good resource to obtain the latest maintenance recommendations as they evolve in the future. 3 Section II — Maintenance Recommendations for Ponds and Associated Facilities AType II Catch Basin (also referred to as Manhole or Control Structure)(See Figure B-2 in Appendix) Definition: A round concrete underground basin (4'-8' in diameter; 6' deep or deeper); may contain a Flow Restrictor Oil Pollution (FROP) control device or a T-section with a specifically sized orifice(s) to control release rates or a spill control device. These basins are also required when larger diameter culverts are used. Defect Number &Defect: A-1 General—Trash & Debris (Including Sediment): Trash, debris and sediment covering the catch basin grate or is blocking any portion of inlet to basin. Maintenance Necessary to Bring to Standard: Remove trash, debris and sediment so that none is located immediately in front of catch basin inlet. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-2 General—Trash & Debris (Including Sediment): Trash, debris and sediment(in the basin) that exceeds one-third the depth from the bottom of the basin to invert of the lowest pipe into or out of the basin. This is the most common maintenance requirement. Maintenance Necessary to Bring to Standard: Remove all trash, debris and sediment from the catch basin. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-3 General—Trash & Debris (Including Sediment): Trash, debris and sediment in any inlet or outlet pipe blocking more than one-third of its height. Maintenance Necessary to Bring to Standard: Remove all trash, debris and sediment from inlet and outlet pipes. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-4 Structural—Structural Damage to Frame and/or Top Slab: Top slab has holes larger than 2 square inches or cracks wider than 1/4 inch (intent is to make sure all material is running into the basin). Maintenance Necessary to Bring to Standard: Repair top slab so that it is free of holes and cracks. A-5 Structural—Frame Not Sitting Flush on Top Slab, i.e., separation of more than 3/4 inch of the frame from the top slab. Maintenance Necessary to Bring to Standard: Repair so that frame is sitting flush on top slab. 4 A-6 Structural—Cracks in Basin Walls/Bottom: Cracks wider than 1/2 inch and longer than 3 feet, any evidence of soil particles or water entering catch basin through cracks, or maintenance person judges that structure is unsound. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-7 Structural—Cracks in Pipe Joints: Cracks wider than 1/2 inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles or water entering catch basin through cracks. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-8 Structural—Settlement/Misalignment: Basin has settled more than 1 inch or has rotated more than 2 inches out of alignment. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-9 General—Pollution: Presence of any chemical pollutants or flammable materials. Maintenance Necessary to Bring to Standard: Remove contaminants so that none are present. Contact the Waste Characterization program at 206-296-4633 to determine how to dispose of pollutants and flammable material. Also, contact Water and Land Resources at 206-296-1900 for a water quality site consultation to eliminate the source of the pollution. A-10 Catch Basin Cover—Not in Place: Cover is missing or only partially in place. Any open catch basin requires maintenance. Maintenance Necessary to Bring to Standard: Repair or replace catch basin cover so that it is closed. A-11 Metal Grates—Safety Hazard: Grate with opening wider than 7/8 inch. Maintenance Necessary to Bring to Standard: Repair grate openings so that they meet design standards. A-12 Metal Grates—Trash & Debris: Trash and debris that is blocking grate surface. Maintenance Necessary to Bring to Standard: Remove all trash and debris from grate. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-13 Metal Grates—Damaged or Missing: Grate is missing or has broken members. Maintenance Necessary to Bring to Standard: Repair or replace grate so that it is in place and meets design standards. 5 A-14 Ladder—Rungs Unsafe: Maintenance person judges that ladder is unsafe due to missing rungs, misalignment,rust, or cracks. Maintenance Necessary to Bring to Standard: Repair ladder so that it meets design standards and allows maintenance person safe access. B Flow Restrictor(See Figure B-3 in Appendix) Definition: A facility such as a Flow Restrictor Oil Pollution (FROP) control device with a specifically sized orifice(s) to control release rates or a spill control device. Usually located in a Type II Catch Basin/Control Manhole with a vertical culvert at the outlet ("T") with additional elbow orifice inlets (secondary orifice). Defect Number& Defect: B-1 General—Trash & Debris (Includes Sediment): Distance between debris buildup and bottom of orifice plate is less that 1-1/2 feet(18 inches). Similar to B-2. Maintenance Necessary to Bring to Standard: Remove all trash and debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. B-2 General—Structural Damage: Structure is not securely attached to manhole wall (outlet pipe structure should support at least 1,000 pounds of up or down pressure); and/or structure is not in upright position (allow up to 10% from plumb). (Structure is usually secured with banding material.) Maintenance Necessary to Bring to Standard: Repair structure to be securely attached to wall so that outlet pipe supports at least 1,000 pounds of up or down pressure; and ensure outlet pipe is in correct position. B-3 General—Structural Damage: Connections to outlet pipe are not watertight and show signs of rust or deteriorated grout. Maintenance Necessary to Bring to Standard: Repair connections to outlet pipe so that they are watertight; repair or replace structure so that it works as designed. B-4 General—Structural Damage: Any holes-other than designed holes-in the structure. Maintenance Necessaryto Bringto Standard: Repair holes so that structure has no holes p other than designed holes. B-5 Cleanout Gate—Damaged or Missing: Cleanout gate is not watertight or is missing. Maintenance Necessary to Bring to Standard: Repair or replace gate so that it is watertight and works as designed. 6 B-6 Cleanout Gate—Will Not Open or Opens with Difficulty: Gate cannot be moved up and down by one person. Maintenance Necessary to Bring to Standard: Repair gate so that it moves up and down easily and is watertight. B-7 Cleanout Gate—Damaged or Missing Chain or Rod: Chain or rod leading to gate is missing or damaged(must be accessible from street level). Maintenance Necessary to Bring to Standard: Repair or replace chain or rod so that it is in place and works as designed. B-8 Cleanout Gate—Rusted: Gate is rusted over 50% of its surface area. Maintenance Necessary to Bring to Standard: Repair or replace gate to meet design standards. B-9 Orifice Plate (Including Secondary Orifices)—Damaged or Missing: Control device is not working properly due to missing, out of place, or bent orifice plate; or secondary orifice elbows have become loosened from structure. Maintenance Necessary to Bring to Standard: Repair or replace orifice plate so that it is in place and works as designed. B-10 Orifice Plate(Including Secondary Orifices)—Trash and Debris: Any trash, debris, sediment, or vegetation blocking the plate. Maintenance Necessary to Bring to Standard: Remove all obstructions so that orifice plate works as designed. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. B-11 Secondary Orifices (Elbow Restrictors)—Integrity: Secondary orifice is securely attached and properly functioning Maintenance Necessary to Bring to Standard: Repair secondary orifice to be properly functioning. B-12 Overflow Pipe—Obstructions: Any trash or debris blocking (or having the potential of blocking) the overflow pipe. (Overflow pipe is at the top of FROP, "T-section" device or spill control device.) Maintenance Necessary to Bring to Standard: Remove trash and debris so that the overflow pipe is free of all obstructions and works as designed. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. 7 , . .. 0 Debris Barrier Definition: Metal trash rack usually located over the entrance to a pipe or culvert. A debris barrier may also be a conical structure constructed of metal bars and/or rods place over a Type II Catch Basin. Defect Number& Defect: C-1 General—Trash &Debris: Trash or debris that is plugging of the openings in the barrier. Maintenance Necessary to Bring to Standard: Remove trash or debris so that barrier is clear to receive capacity flow. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. C-2 General—Damaged/Bars: Bars are bent out of shape more than 3 inches. Maintenance Necessary to Bring to Standard: Repair or replace bars so that they are in place with no bends more than 3/4 inch. C-3 General—Missing Bars: Bars are missing, or entire barrier is missing. Maintenance Necessary to Bring to Standard: Repair or replace bars according to design standards. C-4 General—Bars are loose and rust is causing 50% deterioration to any part of barrier. Maintenance Necessary to Bring to Standard: Repair or replace barrier according to design standards. D Energy Dissipater and Dispersion Trench Definition: A rock pad constructed at inlets/outlets to prevent erosion(Energy Dissipater), or a catch basin used to slow fast flowing runoff (Energy Dissipater), or a constructed percolation trench to disperse outletting flows over a large area (Dispersion Trench). Catch basins may be a part of the dispersion trench; see Type II Catch Basins (Item A) for maintenance requirements. Defect Number & Defect: D-1 Rock Pad—Missing or Moved Rock: One layer or less of rock exists above native soil in area five square feet or larger, or any exposure of native soil. Maintenance Necessary to Bring to Standard: Replace rocks to design standard. 8 D-2 Energy Dissipater—Needs Replacement: Visible signs of pad erosion, or plugged dispersion trenches. Maintenance Necessary to Bring to Standard: Replace energy dissipater. D-3 Dispersion Trench—Pipe Plugged with Sediment: Accumulated sediment that exceeds 20% of the design depth. • Maintenance Necessary to Bring to Standard: Clean/flush pipe so that it matches design. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. D-4 Dispersion Trench—Not Discharging Water Properly: Visual evidence of water discharging at concentrated points along trench (normal condition is a "sheet flow" of water along trench). Intent is to prevent erosion damage. Maintenance Necessary to Bring to Standard: Rebuild trench to design standards. D-5 Dispersion Trench—Penorations Plugged: Over 1/2 of perforations in pipe are plugged with debris and sediment. Maintenance Necessary to Bring to Standard: Clean or replace perforated pipe. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. D-6 Dispersion Trench—Water Flows Out Top of "Distributor" Catch Basin: Water has been observed flowing out during any storm less than the design storm, or it is causing or appears likely to cause damage. Maintenance Necessary to Bring to Standard: Rebuild facility to design standards. D-7 Dispersion Trench—Receiving Area Oversaturated: Water in receiving area is causing or has potential of causing landslide problems. Maintenance Necessary to Bring to Standard: Ensure that engineer's evaluation of outlet function and soil stability is satisfactory. D-8 Dispersion Trench—Vegetation: Any vegetation growing on dispersion trench. Maintenance Necessary to Bring to Standard: Remove vegetation including root system. 9 MI Pipe/Culvert Definition: A conveyance culvert of varying diameter. May be constructed of concrete pipe (CP), corrugated metal pipe (CMP) or smooth wall high density polyethylene pipe (HDPP, CPEP, LCPE). Defect Number& Defect: E-1 General—Sediment & Debris: Accumulated sediment and/or debris that exceeds 20% of the diameter of the pipe. Maintenance Necessary to Bring to Standard: Clean pipe of all sediment and debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. E-2 Vegetation—Overgrowth: Vegetation that reduces free movement of water through pipes. Maintenance Necessary to Bring to Standard: Remove all vegetation so water flows freely through pipes. E-3 Structural—Protective Coating is Damaged: Rust is causing more than 50% deterioration to any part of the pipe. Maintenance Necessary to Bring to Standard: Repair or replace pipe. E-4 Structural—Joints: Joints are visibly misaligned, or culvert alignment is disrupted. Maintenance Necessary to Bring to Standard: Realign/reconnect affected culvert. E-5 Structural—Damaged Pipe: Any dent that decreases the cross section area of pipe by more than 20 %. Maintenance Necessary to Bring to Standard: Repair or replace pipe. © Access Road Definition: Minimum of 12 feet wide. may be constructed of class "B" road material, AC pavement or heavier fabric/spall sections. Used to access control structure and other facility components. Defect Number &Defect: F-1 General—Support: Access road is capable of supporting trucks and maintenance equipment. Maintenance Necessary to Bring to Standard: Repair road to design standards. 10 • F-2 General—Trash & Debris: Trash and debris exceeds 1 cubic foot per 1,000 square feet; i.e., trash and debris would fill up one standard-sized garbage can. Maintenance Necessary to Bring to Standard: Clear trash and debris from site. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-3 General—Pollution: Presence of any chemical pollutants or flammable materials. Maintenance Necessary to Bring to Standard: Remove contaminants so that none are present. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-4 Access—Blocked Roadway/Safety Hazard: Debris that could damage vehicle tires (glass or metal). Maintenance Necessary to Bring to Standard: Remove debris so that roadway is free of debris that could damage tires. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-5 Access—Blocked Roadway/Safety Hazard: Any obstructions or vegetation that reduces clearance above road surface to less than 14 feet. Maintenance Necessary to Bring to Standard: Remove obstructions or vegetation so that roadway overhead is clear to 14 feet high. F-6 Access—Blocked Roadway/Safety Hazard: Any obstructions or vegetation restricting the access to a 10- to 12-foot width for a distance of more than 12 feet or at any point restricting access to less than a 10-foot width. Maintenance Necessary to Bring to Standard: Remove obstructions to allow at least a 12-foot access. F-7 Road Surface—Settlement, Potholes, Soft Spots, or Ruts: Any surface defect that exceeds 6 inches in depth and 6 square feet in area. In general, any surface defect that hinders or prevents maintenance access. Maintenance Necessary to Bring to Standard: Repair road surface so that it is uniformly smooth with no evidence of settlement, potholes, soft spots, or ruts. F-8 Road Surface—Vegetation: Trees growing or vegetation in excess of 6 inches. Maintenance Necessary to Bring to Standard: Remove trees, mow access road surface and/or remove trees. 11 F-9 Road Surface (if applicable)—Modular Grid Pavement Contamination: Build up of sediment mildly contaminated with petroleum hydrocarbons. Maintenance Necessary to Bring to Standard: Repair road surface so that it is uniformly smooth with no evidence of settlement, potholes, soft spots, or ruts. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-10 Shoulders & Ditches—Erosion Damage: Erosion within 1 foot of the roadway more than 8 inches wide and 6 inches deep. Maintenance Necessary to Bring to Standard: Repair shoulder so that it is free of erosion and matching the surrounding road. F-11 Shoulders & Ditches—Weeds & Brush: Weeds and brush exceed 18 inches in height or hinder maintenance access. Maintenance Necessary to Bring to Standard: Cut weeds and brush to 2 inches in height, or clear in such a way as to allow maintenance access. © Other—Specific to FC Ponds (See Figures B-4 in Appendix) Definition: A flow control pond is a facility designed to temporarily store excess stormwater and slowly release it downstream to prevent flooding and erosion:A dike is a feature of a pond where earth has been built up to provide some portion of the side slope of the pond. Defect Number &Defect: G-1 General—Trash & Debris: Trash and debris exceed 1 cubic foot per 1000 square feet, or there is visual evidence of dumping, or any trash and debris that could block the pond outlet. Maintenance Necessary to Bring to Standard: Remove trash and debris from site. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-2 General—Contamination: Oil, gasoline, or other contaminants in any amount found that could: 1) cause damage to plant, animal, or marine life; 2) constitute a fire hazard; or 3) be flushed downstream during rain storms. Maintenance Necessary to Bring to Standard: Remove all contaminants so that none are present. Contact the Waste Characterization program at 206-296-4633 to determine how to dispose of pollutants and flammable material. Also, contact Water and Land Resources at 206-296-1900 for a water quality site consultation to eliminate the source of the pollution. 12 G-3 Vegetation—Unmowed Grass/Ground Cover (Not Including Infiltration—See G-15): If facility is located in private residential area, mowing is needed when grass exceeds 18 inches in height. In other areas, the general policy is to make the pond site match adjacent ground cover and terrain as long as there is no interference with the function of the facility. Maintenance Necessary to Bring to Standard: Mow grass/ground cover to 2 inches in height. G-4 Dike—Rodent Holes: Any evidence of rodent holes, or any evidence of water piping through dike via rodent holes. Maintenance Necessary to Bring to Standard: Ensure that rodents are destroyed and holes are repaired. G-5 Side Slopes and Dikes—Erosion: Eroded damage over 2 inches deep where cause of damage is still present or where there is potential for continued erosion. Maintenance Necessary to Bring to Standard: Stabilize slopes by using appropriate erosion control measure(s): for example, rock reinforcement, planting of grass or hydroseeding, erosion control blankets, bonded fiber matrices or compaction. G-6 Storage Area—Sediment (Except Infiltration—See -12 and G-13): Accumulated sediment exceeds 10% of the designed pond depth. Periodic sediment removal is critical to proper pond function. Maintenance Necessary to Bring to Standard: Clean out sediment to designed pond shape and depth; reseed pond if necessary to control erosion. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-7 Pond Dikes—Settlements: Any part of dike has settled 4 inches lower than the design elevation, or water is visibly piping (leaking) through dikes. Maintenance Necessary to Bring to Standard: Build dike back to the design elevation or repair piping. G-8 Emergency Overflow/Spillway—Rock Missing, Erosion, or Obstruction: One layer or less of rock exists above native soil in area 5 square feet or larger; any exposure of native soil; or blockage by debris or vegetation. Maintenance Necessary to Bring to Standard: Replace rocks to design standards. Remove debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-9 Emergency Overflow/Spillway and Dikes Over 4 Feet in Height—Tree Growth: Tree growth on emergency spillways create blockage problems and may cause failure of the dike due to uncontrolled overtopping. Tree growth on dikes over 4 feet in height may lead to piping through the dike which could lead to failure of the dike. 13 Maintenance Necessary to Bring to Standard: Remove tree. If root system is small (base less than 4 inches) the root system may be left in place. Otherwise the roots should be removed and the dike restored. A licensed civil engineer should be consulted for proper dike/spillway restoration. G-10 Emergency Overflow/Spillway—Does Not Control Storm Flow: Emergency overflow or spillway is not large enough to handle heavy rain storms. Maintenance Necessary to Bring to Standard: Increase capacity (size) of emergency overflow so that there is no danger of flood damage to County roads or private property. G-11 Rock Filters—Sediment & Debris: By visual inspection, little or no water flows through filter during heavy rain storms. Maintenance Necessary to Bring to Standard: Replace gravel in rock filter. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-12 Access Ramp—In Useable Condition: Access ramp is capable of supporting trucks and equipment. Maintenance Necessary to Bring to Standard: Repair ramp deficiencies. 01.1 Other—Specific to Wet Ponds (See Figure B-5 in Appendix) Defect Number&Defect: H-1 Pond Area—Water Level: First cell empty, doesn't hold water. Maintenance Necessary to Bring to Standard: Line the first cell with an impermeable liner to maintain at least 4 feet of water. Although the second cell may drain, the first cell must remain full to control turbulence of the incoming flow and reduce sediment resuspension. If the second cell doesn't hold water (i.e. if infiltration rate is greater than 9 inches/hour), line pond with low permeable liner or treatment liner. H-2 Pond Area—Defective Vegetation: Vegetation such as grass and weeds needs to be mowed when height exceeds 18 inches. Mowed vegetation should be removed from areas where it could enter the pond, either when the pond level rises, or by rainfall runoff Trees, brush, and shrubs are impeding maintenance or flow. Maintenance Necessary to Bring to Standard: Mow vegetation to 4-5 inches in height. Remove trees, bushes and shrubs where they are interfering with pond maintenance activities; that is, at the inlet, outlet and near engineered structures. Some wetland species may require harvesting or special maintenance rather than mowing. 14 H-3 Pond Area—Algae Mats: When algae mats develop over more than 10 % of the water surface, they should be removed. Also remove mats in the late summer before fall rains, especially in Sensitive Lake Protection Areas. Excessive algae mats interfere with dissolved oxygen content in the water and pose a threat to downstream lakes if excess nutrients are released. Maintenance Necessary to Bring to Standard: Algae mats that cover more than 10% of the surface of any cell should be removed. A rake or mechanical device should be used to remove the algae. Removed algae can be left to dry on the pond slope above the 100- year water surface. H-4 Pond Area— Trash and Debris: Accumulation that exceeds 1 cubic foot per 1000 square foot of pond area. Maintenance Necessary to Bring to Standard: Trash and debris removed from pond. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-5 Pond Area—Sediment Accumulation: Sediment accumulations in pond bottom that exceeds the depth of sediment zone (typically 1')plus 6 inches,usually in the first cell. Maintenance Necessary to Bring to Standard: Removal of sediment from pond bottom. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-6 Pond Area—Oil Sheen on Water: Prevalent and visible oil sheen. Maintenance Necessary to Bring to Standard: Remove oil from water by use of oil- absorbent pads or vactor truck. Locate source and correct. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-7 Pond Area—Erosion: Erosion of the pond's side slopes and/or scouring of the pond bottom, that exceeds 6 inches, or where continued erosion is prevalent. Maintenance Necessary to Bring to Standard: Slopes should be stabilized by using appropriate erosion control measures, and repair methods. H-8 Pond Dike—Settlement: Any part of these components that has settled 4 inches or more lower than the design elevation, or inspector determines dike is unsound. Maintenance Necessary to Bring to Standard: Dike is repaired to specifications. H-9 Internal Dike—Concentrated Flow: Dike dividing cells should be level. Maintenance Necessary to Bring to Standard: Build up low areas of dike or lower high areas so that the dike surface is level and water flows evenly over the entire length of the dike from the first cell to the second. Repair eroded areas and establish erosion control on areas that erode. 15 H-10 Inlet/Outlet Pipe—Trash and Debris: Inlet/outlet pipe clogged with sediment and/or debris material. Maintenance Necessary to Bring to Standard: Remove sediment and/or debris so that there is no clogging or blockage in the inlet and outlet piping. Ensure outlet pipe (or T- section if applicable) retains floatables. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-11 Inlet/Outlet Pipe—Floatables are Captured: Floatable material is retained by outlet pipe or T-section. Maintenance Necessary to Bring to Standard: Ensure outlet pipe (or T-section if applicable) retains floatables. H-12 Overflow Spillway—Rock Missing: Rock is missing and soil is exposed at top of spillway or outside slope. Maintenance Necessary to Bring to Standard: Replace rocks to specifications. H-13 Access Ramp—In Useable Condition: Access ramp is capable of supporting trucks and maintenance equipment. Maintenance Necessary to Bring to Standard: Repair ramp so it can support trucks and maintenance equipment. 16 Section III — Maintenance Recommendations for Individual Lot Stormwater Management Facilities A. Basic Dispersion Trenches (See Figure B-1 in Appendix) Your property contains a stormwater management flow control BMP (best management practice) called "basic dispersion," which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious surfaces or non-native pervious surfaces on your property. Basic dispersion is a strategy for utilizing any available capacity of onsite vegetated areas to retain, absorb, and filter the runoff from developed surfaces. This flow control BMP has two primary components that must be maintained: (1) the devices that disperse runoff from the developed surfaces and (2) the vegetated area over which runoff is dispersed. Dispersion Devices The dispersion devices used on your property include the following as indicated on the flow control BMP site plan: D splash blocks, D rock pads, D gravel filled trenches, D sheet flow. The size, placement, composition, and downstream flowpaths of these devices as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects. When native soil is exposed or erosion channels are present, the sources of the erosion or concentrated flow need to be identified and mitigated. Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled trenches. Vegetated Flowpaths The vegetated area over which runoff is dispersed must be maintained in good condition free of bare spots and obstructions that would concentrate flows. B. Permeable Pavement(Wedgewood Lane—Div. 5 only) The following recommendations are the minimum necessary to maintain the permeable pavement on Wedgewood Lane Division 5. This BMP is relatively new and as King County gains more experience with the maintenance and operation of these BMPs, future updates to these instructions will be posted on King County's Surface Water Design Manual website. Your property contains a stormwater management flow control BMP (best management practice) called "permeable pavement," which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavement into a free-draining gravel or sand bed, where it can be infiltrated into the ground. The type(s) of permeable pavement used on your property is: porous concrete, porous asphaltic concrete,permeable pavers, modular grid pavement. 17 The area covered by permeable pavement as depicted by the flow control BMP site plan and design details must be maintained as permeable pavement and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Permeable pavements must be inspected after one major storm each year to make sure it is working properly. Prolonged ponding or standing water on the pavement surface is a sign that the system is defective and may need to be replaced. If this occurs, contact the pavement installer or the King County Water and Land Resources Division for further instructions. A typical permeable pavement system has a life expectancy of approximately 25 years. To help extend the useful life of the system, the surface of the permeable pavement should be kept clean and free of leaves, debris, and sediment through regular sweeping or vacuum sweeping. The owner is responsible for the repair of all ruts, deformation, and/or broken paving units. 18 Appendix A: Disposal of Trash Debris and Sediment 19 Disposal of Trash Debris and Sediment Trash and Debris Small amounts of trash and debris can be put into your solid waste container. Large amounts may require hiring a vendor to dispose of the material. If using a vendor, ensure that the vendor properly disposes of waste. Sediment 1. Clean sediment may be used as landscape material or sent to yard waste recyclers. 2. Sediment that does not appear to be heavily contaminated with oil or grease can be double bagged and put into your solid waste container. Material that appears to be heavily contaminated must be disposed of by a qualified vendor. If you have any questions, contact the Waste Characterization Program at 206-296-4633. Additional information can be found at http://www.govlink.org/hazwaste/index.cfm 20 Appendix B: Facility Sketches s 21 Figure B-1 pipe O.D. 1• 1` - Ira min end cap or plug flow to second Q dispersal trench 19 pii r clean out wye from pipe if necessary ... e; ;:. 1 .., 4"or 6'perforated pipe laid flat/level notched -. , r;^ =Elgrade board ..:, 2"x 2"notches A �, a type GS w!solid cover(locking) ype I CS 18"0.G. -•�`�� w/solid cover T._ I Ei ..: tatim 11 1111111111111111111W -41-- <• influent pipe(max design 4 flow<0.5 CFS per bench) clean out wye from pipe y I. s'Z" flow to other PLAN branching CB' s as necessary NTS rpipe O.D. 18"0.C.galvanized boltst' / t, r s ~� -2„ max min; min r ra 2•'x12' 047: ' ca Q.e• 2"grade pressure ,,,. f, "`- `` board notches 2" E. gtreated grade E ` i s c' .`s. 4"or 8"perforated board a f ; '�" ,r V pipe laid flat ` NOTES: 4'x 4' support os'' � ^ `° clean <_5%Ines) f_This wench shall be constructed so ',� 7.7:-,,,_j <'� 11/2" 3/4"washed rock as to prevent point discharge andfor • - ,,v .. erosion. ^ filter fabric — '.`, 2.Trenches may be placed no closer r than 50 feet to one another.(100 feet along flowline) 3.Trench and grade board must be level.Align to follow contours of site. SECTION A-A 4.Support post spacing as required by NTS soil conditions to ensure grade board remains level. 22 Figure B-2 Typical II Catch Basin (Round Concrete Structure) 48,54,60,72.or 96 inches 4 A A illE additional ladder rungs(In _///' sets)to allow access to tanks Type II catch basin -- N or vaults when catch is filled • with water PLAN VIEW shown with soil removed-not to scale frame,grate&solid cover • vertical bar grate for secondary inlet handholds,steps or ladder I" - Loutlet inlet p,pe INVERT SECTION A-A not to scale 23 , , T Figure B-3 Typical Flow Restrictor (T-section) (Found in Type 2 Catch Basins) ? minimum clearance ti Type II catch basin to any portion of FROP•T t ,` including elbows ,,fi.,i ,.,.,, % r 5 t r �. itt4 I `�1 n w -�} angle as J `" ,:j neccssarY 1• - additional ladder rungs secondary orifice '' / (in sets)to allow access to elbow restrictor, �, / tanks or vaults when removable watertight N. see detail _.-- ' catch is filled with water coupling or flange4r I I _PLAN VIEW 111 shown with soil removed not to scale ■ 10.111•• - 1 frame,grate&solid cover plate welded to elbow /' marked"DRAIN'with locking bolts with orifice as specified SECONDARY ORIFICE ', \ ELBOW RESTRICTOR DETAIL "`< :y`::":,, ` ,--vertical bar motto scale /' grate for d secondary inlet secondary orifice_ , se-"`l elbow restrictor,see detail _I i .,, handholds,ste s cpipe supports ---- _ i ladder , 2'Min, >< ' ; I • www •�T OUitPtrN!jx 1Minz .• ..., )' `Plea ti , r'' \_,__• restrictor 1'section of pipe r plate attached by gasketed -- band to allow removal (not always present) SECTION A-A not to scale 24 . i 1 . . . , ... Figure B-4 Typical Detention Pond c,-- access ramp , 7,--- ... ) 15%maximum into ponds'.,,,.. .,- • slope 4— ..• -.1 pond inlet ---- i • ' o pipe " 1, , a Iii 6"sediment -- storage , pond design , c ra , c water surface cv . ,— Al ro 0 , - ,----- alternate emergency outflow eveirl -- • 1, 1 li ll bottom 4 .-- ..... , IN , / !...• '7 structure for ponds not required to provide a spillway / 1,, ' • / . ,, )1 / / .., . . . compacted -, \ • embankment \ \ - . . -.... •--. \b, „, '‘-...„N Alloompos, ,,, ..,/, ' ''''''''' -- •- -- '1 -control ,... -, 1 N ‘o. structur; -.. emergency overflow 1\ spillway rip rap N,I-s, ,;;;: '-; --:2 \ \ <4,..z.L-L",.,;__,•%:,_" ' NOTE: This detail is a schematic representation only.Actual configuation will vary depending on specific site constraints and applicable design criteria. 25 . • 1 . , Figure B-5 Typical Wetpond ---, access road to inlet structure ND ' inlet pipe&catch basin per detention facility requirements access ramp . ., FIRSTWETPOOL CELL 7,— 25%to 35%of wetpool volume, dike or baffle at water surface or submerged"I' excluding access ramp- , ' = / ; 71r / :; below water surface 1 berm top I ' 4 SECOND WETPOOL CELL - ., -- -- overflow water surface - '! wetpool , ;t . ' 4 emergency overflow ;, width water surface :44 :: -...?1.-..- plantings required on cut slopes for lake protection facilities emergency spillway per detention facility requirements „-- manhole&outlet pipe ics:-.• . x ...",'•''sn: i' -,,f -,- ,`--; - ., . , -:.7:0 /,-- ,-- outlet erosion control --* I ••• ry,°- 1 • -( 't ill- acess road energy dissipation 1 N•.' ' )f outlet,str,Oaure •• s . 4 •*. , , ,,,"" ,,''' "--......... : • ..,..•"^". PLAN VIEW not to sr-ale 26 Appendix C: Maintenance Checklist 27 MAINTENANCE CHECKLIST Directions for property owner/manager or maintenance vendor: 1. Refer to the component definitions in the "Drainage Maintenance Standards" booklet, as well as your individual site plan to determine what facilities you have on your property. On a site plan, "CB" refers to catch basin. 2. Check "yes" or "no" indicating whether you have each facility component on your property (i.e., pond, Type II catch basin, culvert, etc.). 3. Inspect each component to determine whether it has any defects causing it to not meet the King County standard (see "Drainage Maintenance Standards" booklet). 4. In the "Meets Standard or Defect Number" column, list the applicable defect number(A-1,A-2, etc.) from the Drainage Maintenance Standards booklet, or write "Meets Standard" if the facility meets the standard. (NOTE: If there is more than one component for a facility type, list each component by its number on the site'plan (CB-1, CB-2, etc.) along with any defect numbers. 5. Perform maintenance on all defective facility components to bring them up to standard. 6. Check off the work that has been completed and the date it was completed. 28 Any defects?List the See"Maintenance defect#from the • Standards"booklet for Do you have this facility booklet;or write definitions component on your property? a "Meets Standard." ' WORK COMPLETED MEETS 1 ' STANDARD OR ' DEFECT FACILITY TYPE COMPONENT YES NO NUMBER X DATE Retention/Detention(R/D) E 1. R/D Pond A. Type I Catch : Definition:Natural or Basin(Inlet) man-made depression - _.... used to store runoff. B.Type 11 Catch I I May be enclosed by a Basin(Control fence.Fills when ` Manhole) _ storm events occur. ___.....__ __.... .. _ ..__,.___. May not have visible C. Flow Restrictor € inlet/outlet.May drain (located in by infiltration only ;` Control Manhole) i i (i.e.,soak into soil). ;.._ .. D.Debris Barrier . E E.Energy Dissipater F.Pipe 1 1 • is H. Fencing l (Including Gate) , I.Access Road µ _._ .._..._ ..__ ...__ J.Other-Specific _ j to R/D Ponds Conveyance 2. Conveyance il A.Type I Catch •; Definition: Culvert(s), Basin(inlet) pipe(s),ditch(es), ;... ._.._._. ___._ catch basin(s),and i B.Type II Catch manhole(s)that pick Basin(Control up and convey runoff Manhole) from buildings and ___. • _. _._.. P D.Debris Barrier parking areas to one :E of the above R/D `'__ __v _... .__. , . facilities. = E.Energy Dissipater F.Pipe 5 . G.Ditch 1 i 29 Water Quality 3.Wet Pond A. Type I Catch Definition:Natural or Basin(inlet) I man-made depression; _"" ::Y— ._......_. _ .. may be enclosed by a B.Type II Catch fence.It is similar to a Basin(Control r/d pond. Multi celled, iManhole) with continually standing water. C. Flow Restrictor Removes pollutants ( (located in Control ' from runoff through ; Manhole) 3 settling action.If it is � _ � �"- ' a combined r/d and D.Debris Barrier wet pond,the water _ _._ ___ __ _ . _... . . ' level will fluctuate E.Energy Dissipater during storm events. F.Pipe H. Fencing (including Gate) ,I W. I.Access Road : 1 I N. Other-Specific - to Wet Ponds '' , 30 EXHIBIT E FINAL WETLAND AND STREAM MITIGATION PLAN, WEDGEWOOD LANE DIVISIONS 1, 2, 3, AND 4 k PECcp c-e)Py 02c r PL AJ rS FILE w ref 7WE GI Yy rF e r G L ki<J CSF r Paz- p4D . LGI4-06-/O0, Page 38 W:\WPDOCS\90313\002\tmb6550.doc Declaration of Protective Covenants 04/24/07 for Wedgewood Lane 1 -