HomeMy WebLinkAboutLUA-04-005WHEN RECORDED RETURN TO: UIII
WHEN RECORDED RETURN1O:
OffIce of the City Clerk
Renton City Hall
1055 South Grady WfIt
Renton,WA .,.
CITY OF RENTON A"EAS PAGElll OF 127 14/27/2114 15:16 KING COUNTY, LolA
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45."
. AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF IDGHPOINTE DIVISION II,
COMMONLY KNOWN AS GREENFIELD n
Grantor:
Grantee:
Legal Description:
Assessor's Tax Parcel No:
Reference Nos. of Document
Released! Assigned! Amended:
KBS ITI, LLC, a Washington limited liability company;
BENCHMARK CONSTRUCTION L TO, a Washington
corporation; DONOGH CONSTRUCTION, INC., a
Washington corporation; AMERICAN CLASSIC HOMES,
LLC, a Washington limited liability company;
HIGHPOINTE DIVISION IT HOMEOWNERS
ASSOCIATION, a Washington nonprofit corporation;
CITY OF RENTON
Homeowners in the Plat of High pointe Division IT
Lots 1 through 12 and Tract A, according to the Plat of
Highpointe Division IT, recorded in Volume 216 of Plats,
Pages 29 through 31, King County, ,Washington.
Tax Parcel No. for the entire plat prior to segregation of
taxes to individual lots: 042305-9223
20030905000019
AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF IDGHPOINTE DIVISION ll,
COMMONLY KNOWN AS GREENFIELD II
TABLE OF CONTENTS
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Page
ARTICLE 1 DEFINITIONS ......................................................................................................... 2
1.1 Words Defined ........................................................................................................ 2
1.2 Form of Words ........................................................................................................ 3
ARTICLE 2 PLAN OF DEVELOPMENT .................................................................................... 3
2.1 Development of Property ......................................................... ' .............................. 3
2.2 Interest Subject to Plan of Development ...... , .......................................................... .4
ARTICLE 3 COMMON AREAS .................................................................................................. 4
3.1 "Common Areas" and "Common Area Improvements" ........................................... .4 '
3.2 Association to Maintain Common Areas ................................................................ .4
3.3 Alteration of Common Areas ................................................................................... 4
3.4 Public Areas ............................................................................................................ 4
ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS ........................................... 5
4.1 Private Easements ................................................................................................... 5
ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS ................................................ 6
5.1 Permitted Structures ................................................................................................ 6
5.2 Uniformity of Use and Appearance ......................................................................... 6
5.3 Submission of Plans .................................. ~ ............................................................. 6
5.4 Construction ............................................................................................................ 7
5.5 Minimum Size ......................................................................................................... 7
5.6 Building Laws ......................................................................................................... 7
5.7 Use Restrictions ....................................................................................................... 8
5.8 Variances ................................................................................................................. 11
ARTICLE 6 HIGHPOINTE DIVISION II HOMEOWNERS ASSOCIATION ............................. 11
6.1 Organization ........................................................................................................... 11
6.2 Board of Directors ............................................................. .' ..................................... 11
6.3 Qualification for Membership ................................................................................. 12
6.4 Transfer of Membership .......................................................................................... 12
6.5 Number of Votes ..................................................................................................... 12
6.6 Voting ..................................................................................................................... 12
6.7 Pledged Votes ......................................................................................................... 12
6.8 Annual and Special Meetings .................................................................................. 13
6.9 Books and Records .................................................................................................. 13
6.10 Transition Date ...................................................................................................... 13
ARTICLE 7 NOTICES FOR ALL PURPOSES ............................................................................ 14
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ARTICLE 8 AUTHORITY OF THE BOARD .............................................................................. 14
8.1 Adoption of Rules and Regulations ......................................................................... 14
8.2 Enforcement of Declaration, Etc ............................................................................... 14
8.3 Goods and SeIVices ................................................................................................. 14
8.4 Protection of Common Areas .................................................................................. 15
ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES ................................ 15
9.1 Fiscal Year; Preparation of Budget .......................................................................... 15
9.2 Certificate of Unpaid Assessments .......................................................................... 15
9.3 Date of Commencement of Annual Assessments ..................................................... 16
ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS ................................................... 16
10. 1 Assessments Are a Lien; Priority ........................................................................... 16
10.2 Lien May Be Foreclosed ........................................................................................ 16
10.3 Assessments Are Personal Obligations ...... , ............................................................ 16
10.4 Late eharges and Interest on Delinquent ASsessments ........................................... 17
10.5 Recovery of Attorneys' Fees and Costs .................................................................. 17
10.6 Remedies Cumulative ............................................................................................ 17
ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO
WAIVER ................................................................................................................ 17
ARTICLE 12 LIMITATION OF LIABILITY ............................................................................... 17
ARTICLE 13 INDElVtNIFICATION ............................................................................................. 18
ARTICLE 14 INSURANCE ......................................................................................................... 18
ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY .................................... 18
ARTICLE 16 AMENDMENTS OF DECLARATION .................................................................. 19
16.1 Amendments ofDeclarant. ..................................................................................... 19
16.2 Amendments by Association .................................................................................. 19
16.3 Amendments to Article 3 ....................................................................................... 20
ARTICLE 17 ANNEXATION AND SUBDMSION ................... ~ ..... : ......................................... 20
ARTICLE 18 DURATION ........................................................................................................... 20
ARTICLE 19 SEVERABILITy .................................................................................................... 20
ARTICLE 20 EFFECTIVE DATE ................................................................................................ 20
ARTICLE 21 ASSIGNMENT BY DECLARANT ........................................................................ 21
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AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF IDGHPOINTE DMSION n,
COMMONLY KNOWN AS GREENFIELD n
THIS Amended and Restated Declaration for the Plat of Highpointe Division II,
Commonly Known as Greenfield II ("Declaration"), dated as of .,.2.D~ S/ ~ 9c77 f'tt'eJO/ ),-
2004, is made by the undersigned parties (collectively, "Declarant"), with reference to the
following real property (the "Property"):
Lots 1 through 12 and Tract A, Highpointe Division II (A.K.A.
Greenfield II), Volume 216 of Plats, pages 29 through 31,
inclusive, in King County, Washington, recorded under King
County Recording No. 20030905000018;
Situate in City of Renton, King County, Washington.
The undersigned are all of the successors-in-interest to the original Declarant, KBS
Development Corporation, a Washington corporation, and, collectively, are owners of all of the
Property, except the City of Renton, which executes this Declaration only for the purposes of
compliance with Section 16.3 of the Declaration and Covenants, Conditions and Restrictions for
the Plat of High pointe II Commonly Known as Greenfield II, recorded under King County
Recording No. 20030905000019 (the "Original Declaration").
This Amended and Restated Declaration amends, restates and supersedes the Original
Declaration. In the event of a conflict between this Amended and Restated Declaration and the
Original Declaration, the provisions of this Amended and Restated Declaration shall control.
Tract B as shown on the Plat of High pointe Division II is not subject to this Amended and
Restated Declaration, and is hereby released from the terms of the Original Declaration.
Declarant makes this Declaration, and subjects the Property to this Declaration, to create
a home owners association, to provide for the ownership, maintenance and preservation of the
common areas, the common area improvements and the private easements, and to address other
matters related to ownership of the Property.
The Declarant submits this Amended and Restated Declaration pursuant to its authority in
Section 16.1 of the Original Declaration. The Transition Date has not occurred.
NOW, THEREFORE, Declarant declares that all of the Property shall be held,
transferred, sold, conveyed, leased, used and occupied subject to the covenants, conditions and
restrictions hereinafter set forth which are for the purpose of protecting the value and desirability
of, and which shall touch, concern and run with title to, the real property subjected to this
Declaration and which shall be binding on all parties having ~ny right, title or interest in the
described property or any portion thereof, and their respective heirs, successors and assigns, and
shall inure to the benefit of each owner thereof
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1.1 Words Defined
Article 1
Definitions
F or the purposes of this Declaration and any amendments hereto, the following terms
shall have the following meanings and all definitions shall be applicable to the singular and
plural forms of such tenns:
"Association" shall mean the Highpointe Division IT Homeowners Association described
in Article 6 of this Declaration, its successors and assigns.
"Board" shall mean the board of directors of the Association.
"Common Area" and "Common Area Improvements" shall mean all real and personal
property now or hereafter owned by the Association for the common use and enjoyment of the
Owners. The Common Areas may include parks, open space, private stonn drainage easements,
sidewalks, street trees and street lighting, if any, planted landscape features, water fountains,
signage and any other areas owned by the Association and designated as Common Areas by
Declarant. The Common Areas to be owned by the Association at the time of conveyance of the
first Lot to an Owner other than Declarant are described herein and depicted on the Plat.
"Construction" and "Constructed" shall mean any construction, reconstruction, erection
or alteration of an improvement on a Lot, except wholly interior alterations to a then-existing
Structure.
"Declarant" shall have the meaning given to that term in the first paragraph above.
"Declaration" shall mean this Declaration and Covenants, Conditions and Restrictions
for the Plat of High pointe Division II, as it may be amended from time to time.
"First Mortgage" and "First Mortgagee" shall mean, respectively: (a) a recorded
Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of
a first mortgage. For purposes of determining the percentage of First Mortgagees approving a
proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more
than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First
Mortgage so held.
"Lot" shall mean anyone of Lots 1 through 12 as shown in the Plat, together with the
structures and improvements, if any, thereon.
"Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a
Lot and shall also mean a real estate contract for the sale of a Lot.
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"Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of
an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor,
or the designee of a vendor, of a real estate contract for the sale of a Lot.
"Owner" shall mean the record owner, whether one or more Persons, of fee simple title
to a Lot, including a contract seller except those having such interest merely for the performance
of an obligation.
"Person" shall mean an individual, corporation, partnership, association, trust or other
legal entity.
"Plans" shall have the meaning given to such term in Section 5.3.
"Plat" shall mean the final plat of High pointe Division IT, recorded September 9,2003, in
Volume 216 ofPlatsy pages 29 through 31, inclusive, King-County, Washington, under King
County Recording No. 20030905000018.
"Private Easements" shall mean the private drainage easements, access easements, and
utility easements as described in the Plat and further described in Article 4, not dedicated to the
public.
"Structure" shall mean any residence, accessory building, fence, wall, driveway,
walkway, patio, deck, swimming pool or the like constructed on a Lot.
"Transition Date" shall have the meaning given to such term in Section 6.10.
1.2 Form of Words
The singular form of words shall include the plural and the plural shall include the
singular. Masculine, feminine and neuter pronouns shall be used interchangeably.
Article 2
Plan Of Development
2.1 Development of Property
One (1) single-family residence may be constructed on each of the Lots. The Property
also includes a parcel of land designated on the Plat as Tract A, and which is designated as a
storm pond serving the Plat. All Lots are hereby restricted exclusively to single-family.
residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof
Declarant shall have the right, but not the obligation, for so long as Declarant owns any Lot
and/or Tract A, to make improvements and changes to the Private Easements for: (i) the
installation and maintenance of any improvements; and (ii) the installation and maintenance of
any other utilities systems and facilities.
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2.2 Interest Subject to Plan of Development
Every purchaser of a Lot within the Property shall purchase such interest and every
Mortgagee and lien holder holding an interest therein shall take title, or hold such seCurity
interest with respect thereto, with notice of Declarant's plan of development as herein set forth.
Any provision of this Declaration to the contrary notwithstanding, the provisions of the
foregoing plan of development as set forth in this Article 2 may not be abrogated, modified,
rescinded, supplemented or amended in whole or in part without the prior written consent of
Declarant or its successors and assigns as defined in Article 6 and Article 21 of this Declaration.
Article 3
Common Areas
3.1 "Common Areas" and "Common Area Improvements"
"Common Areas" and "Common Area Improvements" include, specifically, Tract A as
depicted in the Plat and identified as a storm pond and any street trees and planter islands.
Common Areas shall be owned by the Association.
3.2 Association to Maintain Common Areas
The Association shall have the right and the obligation to maintain and repair the
Common Areas, except as set forth herein or on the Plat. The Association may install
landscaping on Tract A and may also maintain the storm detention facilities thereon. The
Association pay all costs of maintenance, repair, and reconstruction of all improvements within
Tract A The irrigation system for Tract A shares a water meter with Lot 5, and the owner of Lot
5 shall be reasonably compensated by the Association for its use of water on Tract A The right
of entry to effect the Association's rights set forth in this Declaration shall apply to the agents,
representatives and employees of the Association, its successors and assigns.
3.3 Alteration of Common Areas
Nothing shall be altered or constructed upon or removed from the Common Areas, except
upon the prior written consent of the Board.
3.4 Public Areas
Any public areas and dedicated areas within the Property shall be subject to all
ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction.
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Article 4
Private Easements And Other Easements
4.1 Private Easements
All the private easements shown on the Plat and described below, shall be owned,
operated and maintained by the Association.
4.1.1 Private Road Easement over Lots 7, 8, 9, and 12
The private road easement established by and delineated in the Plat over portions of Lots
7, 8, 9 and 12 is for the benefit of Lots 9, 10, 11 and 12 only. The owners of Lots 9, 10, 11 and
12 shall be equally responsible for the cost of maintenance, repair and reconstruction of that
portion of the road constructed therein.
4.1.2 Private Road Easement over Lots 1, 2, 3, and 8
The private road easement established by and delineated in the Plat over portions of Lots
1, 2, 3, and 8 is for the benefit of Lots 1,2, and 8 only. The owners of Lots 1, 2, and 8 shall be
equally responsible for the cost of maintenance, repair and reconstruction of the road
constructed therein.
4.1.3 Seattle City Light
The transmission line easement set forth on the Plat is for the benefit of Seattle City Light
only.
4.1.4 Olympic Petroleum Pipeline
The Olympic Petroleum Pipeline easement set forth on the Plat is for the benefit of
Olympic Pipeline only.
4.1.5 Utility Easements
As set forth on the Plat, easements are reserved for the City of Renton and various utility
providers and their respective successor and assigns under and upon the private streets, if any,
and the exterior ten (10) feet of all Lots, Tracts and spaces within the Plat lying parallel with and
adjoining all streets in which to construct, operate, maintain, repair, replace and enlarge
underground pipes, conduits, down guy anchors, cables and wires with all necessary or
convenient underground or ground-mounted appurtenances thereto for the purpose of service the
property and other property with electric, gas, telephone or other utility services, together with
the right to enter upon the streets, Lots, Tracts and spaces at all times for the purposes therein
stated.
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Article 5
Construction On Lots And Use Of Lots
5.1 Permitted Structures
No Structure of any kind shall be constructed, altered, added to or maintained upon any
Lot or any other part of the Property, except: (a) improvements or structures which are
constructed by Declarant or its agents or assigns; (b) such structures as are approved by the
Board in accordance with this Article 5; or ( c) structures which pursuant to this Article 5 do not
require consent of the Board.
5.2 Uniformity of Use and Appearance
. One of the purposes of this Declaration is to assure throughout the Property a uniformity
of use and quality of: (i) workmanship; (ii) materials; (iii) design; (iv) maintenance; and (v)
location of structures with respect to topography and finish grade elevation. It is in the best
interests of each Owner that such uniformity of use and quality be maintained as hereinafter
provided. No building (except for accessory structures) shall be erected, altered, placed or
permitted to remain on any Lot other than one single family dwelling. Accessory structures,
including storage buildings, are permitted to the extent allowed by this Article 5.
Notwithstanding anything herein set forth, the Construction of any Structure shall comply with
the more restrictive of either (i) the terms and conditions of this Declaration or (ii) the laws,
codes, ordinances and regulations of any governmental entity having jurisdiction.
5.3 Submission of Plans
At least twenty (20) days before commencing Construction of any Structure on any Lot,
the Owner shall submit to the Board two (2) complete sets of detailed building, surface water
run-off control and landscaping plans and specifications and a site plan showing the location of
all proposed Structures (the plans, specifications and site plans are individually and collectively
referred to herein as the "Plans"). The Plans shall be submitted in a form satisfactory to the
Board, which may withhold its approval by reason of its reasonable dissatisfaction with the
location of the Structure on the Lot, color scheme, finish, architecture, height impact on view
from another Lot or Lots, appropriateness of the proposed Structure, materials used therein, or
because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment
of the Board, would render the proposed Structure out of harmony with the general plan of
development of the Property or other Structures nearby. The Board's approval or disapproval of
Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans,
one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be
Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the
prevailing party's attorney's fees and costs including those incurred in connection with any
appeal.
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5.4 Construction
No Structure shall be Constructed or caused to be Constructed on any Lot unless the
Plans for the Structure, including landscaping, have been approved in writing by the Board. The
Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design,
harmony with previously approved Structures on or about other Lots in the Property, location, or
consistency with this Declaration shall be absolute and enforceable in any court of competent
jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS. HOWEVER SHALL NOT
CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE
BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR
APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS. CODES. ORDINANCES
AND REGULATIONS. AND EACH OWNER HEREBY RELEASES ANY AND ALL
CLAIMS OR POSSmLE CLAIMS AGAINST THE BOARD OR ANY OF THEM AND
TIfEIR HEIRS. SUCCESSORS AND ASSIGNS. OF ANY NATURE WHATSOEVER
BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS. CODES, ORDINANCES
OR REGULATIONS.
5.5 Minimum Size
5.5.1 Floor Area
The floor area of the main house constructed on any Lot, exclusive of open porches and
garages, shall be not less than: (a) 1,500 square feet for a dwelling containing a single level; and
(b) 1,800 square feet for a dwelling containing two levels. The Board shall have the discretion to
reduce minimum floor area requirements upon a showing of topographical or other physical
constraints which limit buildable area.
5.5.2 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 shaH be less than the
area required for the use district in which the Lot is located.
5.6 Building Laws
All buildings or Structures shall be constructed in accordance with all applicable laws
and regulations of King County, Washington, the City of Renton, Washington, and any other
applicable codes.
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5.7 Use Restrictions
5.7.1 Residential Use
The dwellings within the Structures are intended for, and restricted to, use as single
family residences only, on an ownership, rental or lease basis, and for social, recreational or
other reasonable activities normally incident to such use. The dwellings may also be used for
home business activities that do not involve signs, retail sales, frequent visits by customers,
clients or non-resident employees, or other activities that would detract from the residential
character of the Property. Notwithstanding the foregoing, Declarant may use dwellings it owns
as sales offices and models for sales of other Lots.
5.7.2 Maintenance of Buildings and Lots
Each Owner shall, at the Owner's sole expense, keep the interior and exterior of the
Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of
rodents and pests, and in good order, condition and repair, and shall do all redecorating, painting,
landscaping and maintenance at any time necessary to maintain the appearance and condition of
the Structure and the Lot.
5.7.3 Completion of Construction
Any Structure erected or placed on any Lot shall be completed as to external appearance
within nine (9) months from the date Construction is started. However, with good cause shown,
the Board may extend this term. All yards and landscaping must be completed no later than
thirty (30) days after the date of occupancy of the Structure. However, with good cause shown,
the Board may extend this term. All Lots shall be maintained in a neat and orderly condition
during Construction.
5.7.4 Signs
No sign of any kind shall be displayed to public view on or from any Lot without the
prior written consent of the Board, except for "For Rent" or "For Sale" signs in a form, and for a
period of time, not prohibited by any rules and regulations of the Board. This Section shall not
apply to the Declarant.
5.7.5 Animals
Animals, including horses, livestock, poultry, reptiles and pigs, shall not be kept on any
Lot, except that household pets not exceeding three (3) in number may be kept on a Lot. All
animal enclosures must be kept in a clean, neat and odor-free condition at all times. All animals
must be kept outside of the building setback areas. The Board may at any time require the
removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the
Board's determination, and may exercise this authority for specific pets even though other pets
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are pennitted to remain. Notwithstanding anything set forth herein, all Owners shall comply
with all applicable governmental laws, codes, ordinances and regulations pertaining to animals.
5.7.6 Temporary Structures
No Structure of a temporary character, trailer, tent, shack, garage, barn or other
outbuilding shall be installed, placed or used on any Lot as a residence, either temporarily or
permanently.
5.7.7 Clothes Lines
No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of
any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots.
5.7.S Radio and Television Aerials
Nonnal and customary television antennas, radio aerial and satellite receiving dishes of
less than one (1) meter in diameter, in all cases designed for residential neighborhood use, shall
be allowed to be erected or placed on any Lot so long as no part of such equipment is more than
six (6) feet in height above the highest point (exclusive of chimneys) on the Structure upon
which it is erected. No rotary beams, separate towers or other similar devices shall be
Constructed on any Lot without the written approval of the Board. Except as installed by
Declarant, no other satellite receiving dishes or other such electronic receiving devices shall be
located on any Lot in a location that is visible from the adjoining homes, without the prior
. written approval of the Board.
5.7.9 Trash Containers and Debris
All trash shall be placed in sanitary containers either buried or screened so as not to be
visible from adjoining Structures or streets or roadways. No Lot, Tract or any portion thereof
shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris
resulting from landscaping work or Construction shall not be dumped onto adjoining Lots, Tract
or streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a
clean, neat and sanitary condition and comply with any rules and regulations of the Board.
5.7.10 OtTensive Activity
Except as otherwise provided in Section 5.7.1, no trade, craft, business, profession,
commercial or manufacturing enterprise or business or commercial activity of any kind,
including day schools, nurseries or church schools, shall be conducted or permitted on any Lot,
nor shall goods, equipment, vehicles or materials used in connection therewith, be kept, parked,
stored, dismantled or repaired outside of any Lot or on any street within the Property. No
noxious or offensive activity, including but not limited to the creation of excess levels of noise,
shall be carried on in any Lot, nor shall anything be done therein which may be or become an
annoyance or nuisance to other Owners or tenants.
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5.7.11 Setbacks
All Structures shall comply with all applicable governmental laws, codes, ordinances and
regulations pertaining to setbacks. No building foundations are allowed beyond the required
setback line unless otherwise provided for by law.
5.7.12 Fences
All fences shall be 1" x 4" cedar construction or better and shall otherwise be constructed
in a good and workmanlike manner, shall be artistic in design and shall not detract from the
appearance of any adjacent Structures. In addition, the finished wood side of the fence shall face
the adjacent Lot(s). No fence shall exceed six (6) feet in height. No fence shall be allowed
within the front yard setback. All fences shall be set back at least ten (10) feet from the front
elevation of the residence as well as the front elevation of the garage and any portion thereof
5.7.13 Underground Utilities
All utility lines or wires located outside a dwelling unit shall be in conduits attached to
such units or underground.
5.7.14 Drainage
All building downspouts, footing drains and drains from all impervious surfaces,
including without limitation, patios and driveways, shall be connected to the approved permanent
storm drain outlet as shown on the approved construction drawings on file with Renton
Development Services Division. This plan will be submitted with the application of any building
permit. All constructions of drains must be constructed and approved prior to final building -
inspection approval.
Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted.
5.7.15 Damage
Any damage to streets, Plat improvements, entry structures, fences, landscaping,
mailboxes, lights and lighting standards by Owners, their guests, invitees, licensees, contractors,
agents or service personnel shall be repaired by such Owner, at such Owner's cost and expense,
within twelve (12) days from the occurrence of such damage.
5.7.16 Driveways
All driveways shall be paved with concrete, asphalt or other Board approved material,
from the edge of the paved street to connect with the paved surface of the floor of the garage.
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5.7.17 Landscaping
All front yards of Lots shall be landscaped primarily with grass sod from the edge of the
right-of-way to within ten (10) feet of the residence; provided, however, that within such front
yard areas may be located flower beds, paths and patio areas.
5.7.18 Mailboxes
A mailbox cluster has been installed and is accepted by the U.S. Postal Authorities and
has been located in those areas so designed by the U. S. Postal Department.
5.7.19 Compliance with Laws
This Plat is subject to the requirement of the City of Renton's Ordinance No. 4367, as
amended by Ordinan~e No. 4740 regarding the exercise of extreme care, when handling any
liquid other than water, to prevent contact of such liquid with the ground surface in order to
protect the City's drinking water.
Notwithstanding anything to the contrary set forth herein, each owner and the
Association shall comply with the more restrictive of either (a) the terms and conditions of this
Declaration, or (b) the laws, codes, ordinances and regulations of any governmental entity having
jurisdiction.
5.8· Variances
The Board shall be empowered to grant variances with respect to the use restrictions
contained herein, provided that such variances shall not violate any applicable laws, codes,
ordinances and regulations of any governmental entity having jurisdiction, shall not be granted
on an arbitrary basis, and shall not unfairly discriminate between Owners.
Article 6
Higbpointe Division II Homeowners Association
6.1 Organization
The Highpointe Division II Homeowners Association is Washington non-profit
corporation. The Bylaws, Articles ofIncorporation and this Declaration shall govern the affairs
of the Association.
6.2 Board of Directors
The affairs of the Association shall be governed by a Board of Directors (the "Board")
which shall be composed of one or more members, to be determined in the reasonable discretion
of the Association. The Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the Transition Date as defined in
Section 6.10. Subject to any specific requirements hereof: the Board shall have authority to
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establish operating rules and procedures. In the event of death or resignation of any member or
members of the Board, the remaining member or members, if any, shall have full authority to
appoint a successor member or members. Members of the Board shall not be entitled to any
compensation for services performed pursuant to this Declaration.
6.3 Qualification for Membership
Each fee owner ofa Lot (including Declarant) shall be a member of the Association and
shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has
been sold on contract, the contract purchaser shall exercise the rights of an Owner for purposes
of the Association and this Declaration, except as hereinafter limited, and shall be the voting
representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for
membership in the Association.
6.4 Transfer of Membership
The Association membership of each Owner (including Declarant) shall be appurtenant
to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged,
hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and
then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the
Association to the new Owner.
6.5 N umber of Votes
The total voting power of the Association at any given time shall equal the number of
Lots included within the Property at that time. The Owner or Owners of each Lot within the
Property shall be entitled to one vote. If a Person (including Declarant) owns more than one Lot,
he or she shall have the votes appertaining to each Lot owned.
6.6 Voting
If a Lot is owned by husband and wife and only one of them is at a meeting, the one who
is present will represent the marital community. The vote for a Lot must be cast as a single vote,
and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves
how their vote shall be cast, they shall lose their right to vote on the matter in question.
6.7 Pledged Votes
An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain
specific issues to a Mortgagee~ provided, however, that if an Owner is in default under a
Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall
automatically be authorized to declare at any time thereafter that such Owner has pledged his'
vote to the Mortgagee on all issues arising after such declaration and during the continuance of
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the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of
the Mortgagee will be recognized on the issues that are subject to the pledge.
6.8 Annual and Special Meetings
Within the period commencing thirty (30) days before the Transition Date and ending
thirty (30) days after the Transition Date, there shall be a meeting of the members of the
Association and thereafter there shall be an annual meeting of the members of the Association in
the first quarter of each fiscal year at such reasonable place and time as may be designated by
written notice from the Board delivered to the Owners no less than thirty (30) days before the
meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect
by majority vote individuals to serve as Board members until a successor is elected at the next
annual meeting. Each Lot shall be entitled to one vote for each director and the voting for
directors shall be noncumulative. The financial statement for the preceding fiscal year (if any)
and the budget the Board has adopted for the pending fiscal year shall be presented at the annual
meeting for the information of the members. Special meetings of the members of the
Association may be called at any time upon not less than fourteen (14) days' prior written notice
to all Owners, for the purpose of considering matters which require the approval of all or some of
the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or
designate a representative to attend the meetings of the Association.
6.9 Books and Records
The Board shall cause to be kept complete, detailed and accurate books and records of the
receipts and expenditures (if any) of the Association, in a form that complies with generally
accepted accounting principles. The books and records, authorizations for payment of
expenditures, and all contracts, documents, papers and other records of the Association shall be
available for examination by the Owners, any Mortgagees, and the agents or attorneys of either
of them, during normal business hours and at any other reasonable time or times.
6.10 Transition Date
As noted above, Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the occurrence of the Transition
Date. The "Transition Date" shall be the earlier of: (a) the date designated by Declarant in a
written notice to the Owners, which date may be any date after this Declaration has been
recorded, or (b) the thirtieth (30th) day after Declarant has transferred to retail purchasers title to
all Lots. From and after the Transition Date, the then-current Owners of sixty percent (60%) of
the Lots in the Property shall have the power through a written instrument recorded in the real
property records of King County, Washington to restrict or eliminate any or all of the approval
powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the
Common Areas.
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Article 7
Notices For All Purposes
All notices given under the provisions of this Declaration or rules or regulations of the
Association shall be in writing and may be delivered either personally or by mail. If delivery is
made by mail, the notice shall be deemed to have been delivered on the third (3rd) day of regular
mail delivery after a copy has been deposited in the u.s. mail, first class, postage prepaid,
addressed to the Person entitled to such notice at the most recent address known to the Board.
Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may
be given to any Board member or, until the Transition Date mailed to Declarant at the following
address: KBS Development Corporation, 12320 NE 8th Street Ste #100, Bellevue, WA 98005.
The Board's address may be changed from time to time by the execution and recording ofan
instrument in the real property records of King County, Washington which (a) refers to this
Declaration and this Article 7; and (b) sets forth the Board's new address.
Article 8
Authority Of The Board
8.1 Adoption of Rules and Regulations
The Board is empowered to adopt, amend and revoke on behalf of the Association
detailed administrative rules and regulations necessary or convenient from time to time to insure
compliance with the general guidelines of this Declaration, to promote the comfortable use and
enjoyment of the Property and to govern the operation and procedures of the Association. The
rules and regulations may, without limitation, authorize voting by proxy or mail, or both, on
Association matters. The rules and regulations of the Association shall be binding upon all
Owners and occupants and all other Persons claiming any interest in the Property.
8.2 Enforcement of Declaration. Etc.
The Board shall have the power to enforce the provisions of this Declaration, and the
rules and regulations of the Association for the benefit of the Association. The failure of any
Owner to comply with the provisions of this Declaration or the rules and regulations of the
Association will give rise to a cause of action in the Association (acting through the Board) and
any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is
brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or
regulations of the Association, the prevailing party shall be entitled to judgment against the other
party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the
Court.
8.3 Goods and Services
The Board shall acquire and pay for as common expenses of the Association all goods
and services reasonably necessary or convenient for the efficient and orderly maintenance of all
portions of the Common Areas not maintained by public utility companies or a governmental
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entity. The goods and services shall include (by way of illustration and not limitation) utility
services for the Common Areas; policies of insurance; and maintenance, repair, landscaping,
gardening, and general upkeep of the Common Areas. The Board may hire such employees or
agents as it considers necessary.
8.4 Protection of Common Areas
The Board may spend such funds and take such action as it may from time to time deem
necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to
be the best interests of the Association.
Article 9
Budget And Assessment For Common Expenses
9.1 Fiscal Year; Preparation of Budget
The Board may adopt such fiscal year for the Association as it deems to be convenient.
Unless another year is adopted, the fiscal year will be the calendar year. As soon as the Board in
its discretion deems advisable, and prior to the expiration of each fiscal year thereafter, the Board
shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common
Area, the private easement areas, the landscape area and all other areas which the Association is
responsible to maintain. The Board shall then assess each Lot with its pro rata share of such
estimated costs, based upon the number of Lots then-within the Property and the appropriate
number of Lots required to share in such costs based on the beneficial interest of such Lots in the
Private Easements as described in the Plat and in this Declaration. The Board, at its election,
may require the Owners to pay the amount assessed in equal monthly or quarterly installments or
in a lump sum annual installment. The Board shall notify each Owner in writing at least ten (10)
days in advance of each assessment period of the amount of the assessment for said period,
which notice shall be accompanied by a copy of the budget upon which the assessment is based.
The assessments levied by the Board shall be used exclusively to promote the recreation, health,
safety and welfare of the Owners and for the improvement and maintenance of the Common
Areas and the Private Easement areas.
9.2 Certificate of Unpaid Assessments
Any failure by the Board or the Association to make the budget and assessments
hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed
a waiver or modification in any respect of the provisions of this Declaration, or a release of the
Owners from the obligation to pay assessments during that or any subsequent year, and the
assessment amount and payment method established for the preceding fiscal year (if any) shall
continue until a new assessment is established. Upon the request of any Owner or Mortgagee or
prospective Owner or prospective Mortgagee of a Lot, the Board will furnish a statement of the
amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive
upon the Board and the Association as to the amount of such indebtedness on the date of the
statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement in good
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faith. All assessments and other receipts received by the Association shall belong to the
Association.
9.3 Date of Commencement of Annual Assessments
The annual assessments provided for herein shall commence as to all Lots at such time as
the Board in its absolute discretion deems advisable. The first annual assessment shall be
adjusted according to the number of months remaining in the fiscal year.
Article 10
Lien And Collection Of Assessments
10.1 Assessments Are a Lien; Priority
All unpaid sums assessed by the Association for the share of the common expenses
chargeable to any Lot and any sums specially assessed to any Lot under the authority of this
Declaration shall constitute a lien on the Lot and all its appurtenances from the date the
assessment becomes due and until fully paid. The lien for such unpaid assessments shall be
subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all
sums unpaid on all First Mortgages of record, but, to the extent permitted by applicable law,
shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession
through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or
sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of
common expenses or assessments by the Association chargeable to the Lot which became due
before such possession, but will be liable for the common expenses and assessments that accrue
after the taking of possession. A Lot's past-due share of common expenses or assessments shall
become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or
foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots
owned by each of them. Notwithstanding any of the foregoing, however, the Owner and the real
estate contract purchaser shall continue to be personally liable for past due assessments as
provided in Section 10.3. For purposes of this Section, "Mortgage" does not include a real estate
contract and "Mortgagee" does not include the vendor or the assignee or designee of a vendor of
a real estate contract.
10.2 Lien May Be Foreclosed
The lien for delinquent assessments may be foreclosed by suit by the Board, acting on
behalf of the Association, in like manner as the foreclosure of a mortgage of real property. The
Board, acting on behalf of the Association, shall have the power to bid on the Lot at the
foreclosure sale, and to acquire and hold, lease, mortgage and convey the same.
10.3 Assessments Are Personal Obligations
In addition to constituting a lien on the Lot, all sums assessed by the Association
chargeable to any Lot, together with interest, late charges, costs and attorneys' fees in the event
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of delinquency, shall be the joint and several personal obligations of the Owner and any contract
purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal
judgment for any delinquent assessments shall be maintainable without foreclosing or waiving
the liens securing them.
10.4 Late Charges and Interest on Delinquent Assessments
The Board may from time to time establish late charges and a rate of interest to be
charged on assessments delinquent for a period of more than ten (10) days after the date when
due. In the absence of another established, nonusurious rate, delinquent assessments shall bear
interest at the rate of twelve percent (12%) per annum. If an installment on an assessment .
against a Lot is not paid when due, the Board may elect to declare the entire assessment against
the Lot for the remainder of the fiscal year to be immediately due and payable.
10.5 Recovery of Attorneys' Fees and Costs
In any action to collect delinquent assessments, the Association shall be entitled to
recover a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in
connection therewith, whether or not a suit is commenced or prosecuted to judgment. In
addition, the Association shall be entitled to recover costs and reasonable attorney's fees if it
prevails on appeal or in the enforcement of a judgment.
10.6 Remedies Cumulative
The remedies provided herein are cumulative and the Board may pursue them, and any
other remedies which may be available under law although not expressed herein, either
concurrently or in any order.
Article 11
Failure Of Board To Insist On Strict Performance No Waiver
The failure of the Board in any instance to insist upon the strict compliance with this
Declaration or rules and regulations of the Association, or to exercise any right contained in such
documents, or to serve any notice or to institute any action, shall not be construed as a waiver or
a relinquishment for the future of any term, covenant, condition, or restriction. The receipt by
the Board of payment of any assessment from an Owner, with knowledge of any breach by the
Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be
effective unless expressed in writing and signed for the Board.
Article 12
Limitation Of Lia bility
So long as a Board member, or Association member, or Declarant has acted in good faith,
without willful or intentional misconduct, upon the basis of such information as is then possessed
by such Person, then no such Person shall be personally liable to any Owner, or to any other
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Person, including the Association, for any damage, loss or prejudice suffered or claimed on
account of any act, omission, error or negligence of such Person; provided, that this Article shall
not apply where the consequences of such act, omission, error or negligence are covered by any
insurance actually obtained by the Board.
Article 13
Indemnification
Each Board member and Declarant shall be indemnified by the Association against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in
connection with any proceeding to which such party may be a party, or in which such party may
become involved, by reason of holding or having held such position, or any settlement thereof,
whether or not such party holds such position at the time such expenses or liabilities are incurred,
except to the extent such expenses and liabilities are covered by insurance and except in such
cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the
performance of his or her duties; provided, that in the event of a settlement, the indemnification
shall apply only when the Board approves such settlement and reimbursement as being for the
best interests of the Association.
Article 14
Insurance
At such times as the Board deems appropriate, the Board shall cause the Association to
purchase and maintain as a common expense a policy or policies of insurance which the Board
deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance;
insurance, if available, for the protection of the Association's directors and representatives from
personal liability in the management of the Association's affairs; and such other insurance as the
Board deems advisable. The Board shall review the adequacy of the Association's insurance
coverage at least annually. '
Article 15
Damage And Repair Of Damage To Property
In the event of any casualty, loss or other damage to the Common Area for which the
then-current assessments by the Board are insufficient to repair or restore, or for which there are
not insurance proceeds or insufficient insurance proceeds available to the Board for such
restoration or repair, the Board may make a special assessment against each Lot for its pro rata
share of the cost and expenses to repair and/or restore the Common Areas. The special
assessment shall be payable, at the determination of the Board, in either monthly or quarterly
installments or in a single lump sum amount. The Board shall notify each Owner of any such
special assessment not less than twenty (20) days prior to the date such special assessment or the
first installment thereon is due and payable, which notice shall be accompanied by a reasonably
detailed statement of the Board's estimated costs and expenses of repairing and/or restoring the
Common Areas.
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Article 16
Amendments Of Declaration
16.1 Amendments of Declarant
Prior to the Transition Date, Declarant may amend this Declaration by an instrument in
writing filed and recorded in the Records of King County, Washington, without the approval of
any Owner or Mortgagee; provided, however, that (a) in the event that such amendment
materially alters or changes any Owner's right to the use and enjoyment of his Lot or the
Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such
amendment shall be valid only upon the written consent thereto by a majority in number of the
then-existing Owners affected thereby, or (b) in the event that such amendment would materially
and adversely affect the security, title and interest of any Mortgagee, such amendment shall be
valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner, by
acceptance of a deed'or other conveyance of a Lot, agrees to be bound by such amendments as
are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant,
such Owner will consent to the amendment of this Declaration or any other instruments relating
to the Property (i) if such amendment is necessary to bring any provision hereof or thereof into
compliance or conformity with the provisions of any applicable governmental statute, rule or
regulation or any judicial determination which shall be in conflict therewith, (ii) if such
amendment is necessary to enable any reputable title insurance company to issue title insurance
coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required
by an institutional or governmental lender or purchaser of mortgage loans, including, for
example, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot
or other improvements subject to this Declaration, or (iv) if any such amendment is necessary to
enable any governmental agency or reputable private insurance company to insure Mortgages on
the Lots or other improvements subject to this Declaration.
16.2 Amendments by Association
Any Owner may propose amendments to this Declaration to the Board. A majority of the
members of the Board may cause a proposed amendment to be submitted to the members of the·
Association for their consideration. If an amendment is proposed by Owners of 20% or more of
the Lots, then, irrespective of whether the Board concurs in the proposed "amendment, it shall be
submitted to the members of the Association for their consideration at their next regular or
special meeting for which timely notice may be given. Notice of a meeting at which an
amendment is to be considered shall include the text of the proposed amendment. Amendments
may be adopted at a meeting of the Association or by written consent of the requisite number of
Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a
meeting of the Association. The unanimous consent of all Owners shall be required for adoption
of either: (a) an amendment changing the voting power or portion of assessments appurtenant to
each Lot; or (b) an amendment of Section 5.7 or of this Article 16. All other amendments shall
be adopted if approved by the Owners of sixty percent (60%) of the Lots. Once an amendment
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has been adopted by the Association, the amendment will become effective when a certificate of
the amendment, executed by a member of the Board, has been recorded in the real property
records of King County, Washington.
16.3 Amendments to Article 3
Notwithstanding the foregoing provisions regarding amendments, no amendment to this
Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in
Article 3 hereof shall become effective without the prior written consent of King County,
Washington, or the then-appropriate governmental entity with jurisdiction over such matters.
Article 17
Annexation And Subdivision
Residential property other than the Common Areas-may be annexed or added to the
Property only with the consent of sixty percent (60010) of the Association. No Lot shall be
subdivided or combined without the approval of all Owners. Notwithstanding the foregoing, no
Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby
ownership of any Lot shall be less than the area required for the use district of the Property.
Article 18
Duration
The covenants, conditions, and restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and be enforceable by the Owners, their respective
legal representatives, heirs, successors, and assigns, for a period of thirty (30) years from the date
this Declaration is recorded, after which time the covenants, conditions and restrictions shall be
automatically extended for successive periods often (10) years each unless an instrument signed
by a majority of the then-Owners has been recorded agreeing to terminate the covenants,
conditions and restrictions. Upon termination the assets of the Association shall be distributed as
set forth in the Articles of Incorporation. Notwithstanding the foregoing, no such termination
shall be effective so as to terminate the obligation of the Owners to maintain the Common Areas
as set forth in Article 3 hereof without the prior written consent of King County, Washington, or
the then-appropriate governmental entity with jurisdiction over such matters.
Article 19
Severa bility
The provisions of this Declaration shall be independent and severable, and the
unenforceability of anyone provision shall not affect the enforceability of any other provision.
Article 20
Effective Date
This Declaration shall be effective upon recording.
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Article 21
Assignment By Declarant
Declarant reserves the right to assign, transfer, sell, lease or rent all or any portion of the
Property and reserves the right to assign all or any of its rights, duties and obligations created
under this Declaration.
DATED as of the date first written above.
DECLARANT:
KBS III, LLC, a Washington limited liability
company (owner of Lot 8)
lllGHPOINTE DMSION II
HOMEOWNERS ASSOCIATION, a
Washington no profit corp
By:~~~~~~~ __________ ___
BENCHMARK CONSTRUCTION LTD,
a Washington corporation (owner of Lots 2, 3,
9, and 10)
BY~ ~
Its:~
a Washington limit
(owner of Lot
C HOMES, LLC,
iability company
APPROVED FOR THE PURPOSES OF
SECTION 16.3 ONLY:
CITY OF RENTON
By: __ ~~~~~~~ ________ __
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..
STATE OF WASHINGTON )
) ss.
COUNTYOF~G )
THIS IS TO CERTIFY that on this d c; 'Tit day of U,e;;::? , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came Kolin B.
Taylor and Robert W. Ruddell, personally known or having presented satisfactory evidence to be
members ofKBS III, LLC, the limited liability company that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument on behalf of said limited liability company.
. WI~ss.~\~ and official seal the day and year in this certificate first above
wntten. __ -~ G. SCIf. 'I, ~.
-""~ """"" ~ft I, . ~-. .: ~ .......... 0If ;!!., "~ " ~ ~ ~.. -rA' ~ ; -f ~,~ fi:" ~ ~ --"-----~. ----"'*'~__....____::::::;--;--~-~ 0 ~ ~ ~ ~~ : Print Name: = ~,"~ \~:: Notary Public in and for the
" ~ f"'",8. ... .. -t..~ .! State offyY ashiIJgton, residing at
! r, '911-'.""", _ .... G _.: I\.'j:RK C/fiVt>
" OFW"~·-, \ \ \ \ \",,,............ Expiration Date: II "31> -0)"
STATE OF WASHINGTON )
) ss.
COUNTY OF ~G )
~ THIS IS TO CERTIFY that on this ;)3 day of 1tf'..Rf::Z. ' 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
70fVl :57ZYtJ>A /h1/ , personally known or having presented satisfactory
evidence to be the S·~~~ I TKt.?t5 {,(~ of BENCHMARK CONSTRUCTION LTD,
the corporation that executedt~ 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 on behalf
of said corporation.
WITNES.S MY HAND and official seal the day and year in this certificate first above
written. ~ ~
Print Name: Z:$z1 C; -S'i:A«?1f'ir
Notary Public in and for the
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State of \Vajhington, residing at ~-/(K'-< ~/J
Expiration Date: If -~a--o~
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
TillS IS TO CERTIFY that on this ;)&JP..day of /le.;tf:{:2 , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
. f.. JB-f!e~i!f!JI! ' personally known or having presented satisfactory evidence
to be the _~~ ofDONOGH CONSTRUCTION, INC., 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 on behalf of said corporation.
WI~S. MY\~ and official seal the day and year in this certificate first above
written. _ .. -.. G. SCJ.f{)I" .. ~.' ~_
... -~,~ '"'''''''''''' \S' ... ', .. ... ~lJ" ON ~ ~" --4 ........ ~.......::..--=:..~"--.~~~=----=:-:----
f:;j f ~AI~ \~ IP ~ . Pn~~~er ~ O· .~. u' ~ Notary Public in and for the ~ \ _ ~ ~ State of Washington, residing at
" ~ I, •• ,. '-30-, •••• -~ .! J<:!;f:KL,A--;vP.< " 4f .,,,,,,,,,, . .,JoG -S
'" ~ OF W ,.9"'" __ --Expiration Date: f? ' .10 r 0
1\\ .... ... \\"', .... ....
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
TillS IS TO CERTIFY that on this ~(;~ day of Itf.KE..-' 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
i>6L-tl:/tf;;:CP , personally known or having presented satisfactory evidence
to be a member of AMERICAN CLASSIC HOMES, LLC, a Washington limited liability
company, the limited liability company that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute the said instrument.
. WITNESS ~,~ and official seal~the day and year ~in th~iS certificate first above
wntten. . ......... S \, I ... ... '" e. C~~." -&. "7", I ... .:' ~~ '" """'" \S' I, --==:..--.:....-~~:.....~.~. ---:::,--.----i gr .• '" ,:~ " Print Name:~ JS: ,5.c1ud-c pr
" ~:;j = ~,~, lIJ ~ Notary Public in and for the
~ :, ~.= E State of Washington, residing at
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C:\Documents and Settings\Default\LocaJ Settings\Temporary Internet
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04121104
23
Master Declaration of Cc&Rs
STATE OF WASIDNGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this drp'11f day of Ite~ , 2004, before me, a
Not Public in and for the State of Washington, duly commissioned and sworn, came
t4.. iJ-tO~ personally known or having presented satisfactory evidence to be
the '1G i)~ ofIDGHPOINTE DMSION IT HOMEOWNERS
ASSOCIATION, the nonprofit 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 on behalf of said corporation.
WI~SS~-'ID\Np and official seal the day an~ year in this certificate first above
written -G~"-CRi.i_("I . _-~ ,"'''''''' \5'lI. I, ~ -A.;: ", .. ON I:i!'. ~ I ~ ~~ -~tll,1O ~ ~ --'. ~ : ..... 'Al ~..:\ / ~:::....-.-..:..-----==::..::~. ..:.,.--~--=-==:;""--r---til ::Q -'I "':. / -~" ~O" ~ Print Name: . ~ii~ ~ \" ' ~ ; Notary Public in and for the "" ">:t "'",\.:~,,:,. _~'ff .: State of Washington, residing at I,,\;OFW"~:---K5J(KUl?LIJ
\""", Expiration Date: <t -30 --os-
STATE OF W ASIDNGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this __ day of , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
__________ -.:>' personally known or having presented satisfactory evidence to be
the of CITY OF RENTON, the municipal 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 on behalf of said corporation.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
C:lDocuments and SettingslDefaultlLocal SettingslTemporary Internet
FilesIContentffiS\G9S74VWZICC Rs (Highpoinle) (TMB3223).DOC
04121104
Print Name: __________ _
Notary Public in and for the
State of Washington, residing at
Expiration Date: _________ _
24
Master Declaration of CC&Rs
.. '
1(1111111111"" ~.r. ~,&4.?10~?Z75
WHEN RECORDED' RETURN TO: 1<14/27/2114 15'16 ING COUNTY, UA Office of the City Clerk
Renton City Hall
1055 South Grady Way
Renton, WA SIO&6
DOCUMENT TIILE:
REFERENCE NUMBER(S):
GRANfOR(S):
GRANTEE(S):
Declaration of Covenant
N/A
Benchmarlc Construction Ltd
City of Renton
LEGAL DESCRIPTION: Ptn SE V.., SE ~, Sec. 4, T. 23 N., R 5 E., W M, King County, Wash..
ASSESSOR'S TAX PARCEL NO.: 042305-9060
DECLARATION OF COVENANT
WHEREAS, Benchmark Construction. Ltd., a Washington corporation ("Benchmark"), is
the owner of certain real property legally described in Exhibit A attached hereto (the
"Property");
WHEREAS, Benchmark has applied to the City of Renton for a lot line adjustment,
called the Greenfield I1Greenfield II Lot Line Adjustment, City of Renton Project No. LUA-:
04-005, LLA, recorded under King County Recording No.2.o-o SI' 0 y,z Z 9?J~o~
(the "Lot Line Adjustment");
WHEREAS, as a condition of approval of the LotLine Adjustment, the City of Renton
requires that the Property shall be subject to a restrictive covenant as set forth herein;
WHEREAS, Benchmark intends herein to satisfy the condition imposed by the City of
Renton;
NOW, THEREFORE, Benchmark hereby declares, grants and creates the following
covenants for the benefit of the City of Renton:
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4121104
Page 1 ofS
Declaration of Covenant
1. Creation of Covenant. The easement area, legally described on Exhibit B attached
hereto, shall not be used in density calculations for any future development of any
property within the Plat of High pointe (A.K.A. Greenfield I), recorded under King
County Recording No. 20030722900010, as modified by the Lot Line Adjustment
2. Scope of Covenant. The covenant set forth herein shall not be deemed to limit
Benchmark, its successors and assigns, from developing the Property in any manner
which is consistent with applicable zoning and other land use regulations.
3. Covenant Running with the Land. The covenant set forth herein shall run with the
land and shall be binding upon the parties, their successors and assigns.
4. Modification. The covenant created herein may be modified only upon the prior
written consent of the City of Renton, its successors and assigns.
DATED this 23 dayof_..L..Aea...:::::..I2~~L==--___ --" 200i.
BENCHMARK CONSTRUCTION, LTD.,
a Washington corporation
BY7~
Its: See-I ~ ,
Page 2 of5
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Declaration of Covenant
4121104
, .,.
STATE OF WASIDNGTON )
) ss.
COUNTY OF KING )
, ~
THIS IS TO CERTIFY that on this R day of /Ifff2-' 200.£.., before me,
a Notary Public in and for the State of Washington, duly commissioned and sworn, came
1?J(11 $1li?'/f>P?ttr/ , personally known or haVing presented satisfactory
evidence to be the $(fU${M,J I Tf¥'85a(d<.,. of Benchmark Construction, Ltd., 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 is authorized to execute the said
instrument on behalf of said corporation.
WITNES S MY HAND and official seal the day and year in this certificate first above
written.
, ...... ,'\, .. , \. ~;. \ ..
........... I"'!:. ~ ''I.
--It:.. -:J. ·::.01..J ":
.::-~"";;J ,"""" "'(' I,
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j IJ.). " 8. • ,.:" ff' f)' ..v--\ .'9~ ".,.,,,,,,/ 0'" ;.> Expiration Date:_--'~J--'-_3.c.Jo",----=~=-___ _
'1\ OFw.S'I';~ .... \-\ \ \ \ '\.. ~ ..... \ .. , ...........
Page 3 ofS
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Declaration of Covenant
4121/04
EXHIBIT A
LEGAL DESCRIPTION
OF THE PROPERTY
Lots A, B and C, Greenfield VGreenfield II Lot Line
Adjustment, City of Renton Project No. LUA-04-005, LLA,
recorded under King County Recording No.
~ 0 ~ 0 So":.2......, 9 ~e 0/6-
.,
Situate in City of Renton, King County, Washington.
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4121104
Page 4 of5
Declaration of Covenant
'.
EXBIBITB
LEGAL DESCRIPTION
OF EASEMENT AREA
That portion of Lots A, B and C, Greenfield I1Greenfield II Lot
Line Adjustment, City of Renton Project No. LUA-04-005,
LLA, recorded under King County Recording No.
r CSJ 0 Y' 0 Y ~ 7 90 ., a / S , lying within the City of
Seattle transmission line easements recorded under King County
Recording No. 3335065 and King County Recording No.
3664560.
Situate in City of Renton, King County, Washington.
Page 5 of5
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Declaration of Covenant
4121/04
CITY OF RENTON
PLANNING I BUILDING I PUBLIC WORKS
-MEMORANDUM
Date: May 14, 2004
To: City Clerk's Office
From: Stacy M. Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office
-Project Name: Highpointe & Highpointe Div No 2 LLA
LUA (file) Number: LUA-04-00S, LLA
Cross-References:
AKA's:
Project Manager: Nancy Weil
Acceptance Date: February 10, 2004
Applicant: Benchmark Construction/Curtis Schuster
Owner: Highpointe II Homeowners Assoc./Benchmark Construction Ltd.
Contact: Stephen Woods
PID Number: 0423059364; 0423059365; 0423059366; 3307800140
ERC Decision Date: . ERC Appeal Date:
Administrative Approval: April 23, 2004
Appeal Period Ends: May 7, 2004
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number: 20040427900015
Project Description: Lot line adjustment between Highpointe and Highpointe II. The applicant is
incorporating .179 acres known as Tract B of Highpointe II into lots # 4,5,6 of Highpointe. The
7800 sf will be divided between to the three lots. No new lots are being created.
Location: 3722 NE 12th Street
Comments:
1/
I)
.~.
~"v,,,,,,·Wbeeler. Mayor
CITY" /F RENTON
PlanningIBuildinglPublic WoIks Department
Gregg Zimmerman P.E., Administrator
April 27, 2004
Stephen H. Woods
Centre Pointe Surveying
" 33701 9th Avenue S.
FederalWaY,WA 98003
SUBJECT: Highpointe J and II Lot Line Adjustment
'Project No. LUA-04-005; LLA
Dear Mr. Woods:
The City of Renton has approved the above referenced lot line adjustment and has forwarded the
firial mylars to King County for recording.
Please note the recording of the lot line adjustrrient map alone c:Joes not transfer oWnership of
, property. If necessary, prepare and record a deed transferring 6i.vilershipofthe portion of land
depicted in the lot line adjustment map. We recommend that a surveyor prepare the legal
description for this document. It is the applicant's responsibility to ensure this document is
properly prepared arid recorded with the County. '
If you have any further questions regarding this lot line adjustment,please contact me, at (425) .
430-7289. ' '
Respectfully,
(\~~wJ
Nancy Kreynus Weil
Associate Planner
cc: Yellow file
Curtis G. Schuster
---rHTr:\"'"'D'v-r:,s=,o=-:n.s:TF\D=ev-f~'--~-=~=~~lf-fJ""-'-:-PR:::-!d=~""""""'~;;=;'Rt'<T~""'itffif.~, ~""""'~;-BY-fgi"'rg=l{'J=~OT"i'i'~""D=O=C----~ * This paper contains 50% recyCled material. 30% post consumer AHEAD OF THE CURVE
DATE:
TO:
FROM:
CITY OF RENTON
MEMORANDUM
April 27, 2004
City Clerk's Office
Nancy Kreynus Weil, P/B/PW -Development/Planning, x7289
SUBJECT: Highpointe I & Highpointe II Lot Line Adjustment; File No. LUA-04-005, LLA
Attached please find two sets of the above-referenced mylar and three copies for recording with
King County. Accompanying documents to be recorded after the lot line adjustment: Declaration
of Covenant, Quit Claim Deed and Amended and Restated Declaration for the Plat of Highpointe
Division II.
Please have Consolidated Delivery & Logistics, Inc. take these documents via:
2-hour service ($22.20)-1:00 PM deadline to City Clerk
2%-3% hour service ($17.75)-12:00 PM deadline to City Clerk
X 4-hour service ($15.73)-10:00 AM deadline to City Clerk
Attached is a check for the amount of $15.73 for the fee to CD&L.
According to Finance, the King County recording fees for this and all subsequent plat recordings
should be charged to account #0001007.590.0060.49.000014. Please call me at x7219 if you
have any questions.
Thank you.
cc: Yellow file
Property Management
Jan Conklin
APPLICANT
H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\04-005.Nancy\CLERKMMO.DOC
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KING couNTY RECORDS &. ELEcrIONS DMSION
TO: CITY·CLERK.'S OFFICE .' . ..: DATE:'·. 4 .-:11. .oLl .
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DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
April 14, 2004
Nancy Weil
Sonja J. Fesser~
Highpointe I & II Lot Line Adjustment, LUA-04-005-LLA
Quit Claim Deed and Declaration of Covenant documents
Format and Legal Description Review
I have reviewed the above referenced documents and have the following comments:
The Quit Claim Deed is between private property owners, and therefore, Technical Services has
no comment concerning said document. The Real Estate Excise Tax Affidavit document is also
not a city concern. However,!f this document is to be recorded before the lot line adjustment,
then be sure that the lot line adjustment document (already approved by Technical Services on
April 7, 2004) notes only Benchmark Construction Ltd. as the property owner (under the
"DECLARATION" block on Sheet 1 of 2). If this document is to be recorded after the lot line
adjustment, the owners, as noted under the "DECLARATION" block on the approved lot line
adjustment document, are correct as shown.
Technical Services suggests that in the "DECLARATION OF COVENANT" document, between
Benchmark Construction, Ltd. (grantor) and the City of Renton (grantee), the "return document
, to" box, in the upper left-hand corner of Page 1 of said document note the City of Renton and its
address, not Joshua Rosenstein, etc.
Exhibit A and Exhibit B of the covenant document should include the appropriate indexing
information at the end of both legal descriptions. Said indexing should be stated as: "All situate
in the Southeast quarter of Section 4, Township 23 North, Range 5 East, W. M. in the City of
Renton, King County, Washington".
\H:\File Sys\LND -Land Subdivision & Surveying Records\LND-30 -City of Renton Lot tine Adjustments\o276\RV040426.doc
CITY OF RENTON
MEMORANDUM
DATE: April 23, 2004
TO: Sonja J. Fresser, Property Services
FROM: Nancy Weil, Development/Planning, X728~
SUBJECT: Highpointe I & II Lot Line Adjustment, File No. LUA-04-005, LLA
Forwarded for your review, Quit Claim Deed and Declaration of Covenant for the above
referenced lot line adjustment.
Please review and comment regarding Property Services concerns, if any of these
documents per our conversation.
Thank you.
CC: Yellow file
H:\Oivision.s\Develop.ser\Oev&plan.ing\PROJECTS\04-00S.Nancy\propsrvmemo2.DOC
CITY .• RENTON
. Kathy Keolker-Wheeler. Mayor
Planning/BuildinglPublic Works Department
Gregg Zimmerman P.E.,Administrator
April 23, 2004
Stephen H. Woods
Centre Pointe Surveying
33701 9th Avenue S ..
Federal Way, WA 98,003
SuBJECT: Highpointe I and IT Lot Line Adjustment
Project No. LUA-04-005, LLA
Dear Mr. Woods:
The City has finished reviewing your proposed lot lineadjustrnent and is now ready to approve
and send the. final version for recording. Please submit two sets of an original signed mylar and a
check for $15.29 made out to CD&L tome at the sixth floor counter of City Hall.
, Please verify that the mylars have been signed by all owners of record and have been notarized
with an ink stamp (not embossed). The ink stamp must be legible so that King County will
promptly record the lot line adjustment. .
. , . . .
This.decision to approve the proposediot lim::adjustnlentis subject to a fourteen (14) day appeal
period from the date of this letter. Any appeals of the adrriinistrativedecision must be filed with
the City of Renton Hearing Examiner by5:00 pm, May 7,2004. .
Appeals must be filed in writing together with the required $75.00 application fee with: Hearing
Exammer, City of Renton? 1055 South Grady Way, Renton, WA 98055.
Appeals to the Examiner are governedby CityofRenton Municipal Code Section 4-8-110.
Additional information regarding the appeal process may be obtained from the Renton City
Clerk's Office, (425) 430-6510. .. ,
If you have further questions regarding this project, please call me at (425) 430-7219.
Sincerely,
NancyWeil
Project Manager
cc: Yellow file
Curtis G. Schuster
--oH:l"Fi:\D=lviS=lo:;;-;:n.s:l"'Fi\De~Vr=B%l::-:s>=~""'R1~:::7l1'\!ir=lMi9==-r::;:~::tl'lWil"57"""}~~~~~J'I'7'I'lf6~r7'I:-W"""i!i-.-r:MT=R~='""=hn~;onsm~f"""OC"'------~ * This paper contains 50"10 recycled material, 30% post consumer AHEAD OF ·THE CURVE
DATE:
TO:
FROM:
SUBJECT:
•
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
April 22, 2004
Nancy Weil
SonjaJ. Fesser~
Higbpointe I and II Lot Line Adjustment, LUA-04-005-LLA
Amended and Restated Declaration for Higbpointe II
Legal Description Review
Bob Mac Onie and I have reviewed the legal description contained within the above referenced
Declaration document and find that said legal description has been amended to exclude what was
Tract B of Highpointe II. Tract B no longer exists due to the above referenced lot line
adjustment. Therefore, the legal description is satisfactory as presented.
\H:\File Sys\LND -Land Subdivision & Surveying Records\LND-30 -City of Renton Lot tine Adjustments\0276\RV040421.doc
April 11, 2002
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION
APPLICANT:
LOCATION:
SUMMARY OF REQUESt:
SUMMARY OF ACTION:
DEVELOPMENT SERVICES REPORT:
PUBLIC HEARING:
KBS III, LLC
12505 Bel-Red Road
Bellevue, W A 98005
Highpointe Division II Preliminary Plat
File No.: LUA-02-005,PP,ECF
The site is located at 3722 NE 12th Street
Subdivide an approximately 3.67 acre parcel into 12 lots
suitable for construction of single-family houses
Development Services Recommendation: Approve with
conditions
The Development Services Report was received by the
Examiner on March 28, 2002.
After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
Thefo/lowing minutes are a summary of the April 2, 2002 hearing.
The legal record is recorded on tape.
The hearing opened on Tuesday, April 2, 2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the
Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No.1: Yellow file containing the original Exhibit No.2: Vicinity Map
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Proposed Plat Plan Exhibit No.4: Zoning Map
Exhibit No.5: Lot Areas Exhibit No.6: New Storm Drainage Calculations
Exhibit No.7: Geotechnical Study
Highpointe Division II Preliminary Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 2
The hearing opened with a presentation of the staff report by Lesley Nishihira, Senior Planner, Development
Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located in the Renton
Highlands south of Sunset Boulevard. The property is designated Residential-8 (R-8) dwelling units per acre.
It is bordered by R-I 0 zoning to the north, Center Neighborhood (CN) zoning to the northeast, and R-8 on the
west, east and south. The site is 3.67 acres in size. The proposal would create 12 lots, 11 of which are intended
for the construction of detached single-family homes. A single-family residence would remain in Proposed Lot
8. The associated detached structures would be demolished with the proposal. The property is currently
covered with vegetation and contains a gravel drive extending from NE 12''' Street to the residence.
A 200-foot wide transmission line easement extends through the property north to south. Olympic Pipeline is
also located within that easement area.
The project was required to go through SEPA Environmental Review. A Determination of Non significance -
Mitigated (DNS-M) was issued for the project. Five mitigation measures were included. No appeals were filed
during the I4-day appeal period. The first mitigation measure requires the applicant to redesign the utility plan
to address storm drainage concerns. The Environmental Review Committee (ERC) gave the applicant two
options; they can either design the system to comply with the 1998 King County Surface Water Design Manual
or the 1990 King County Surface Water Design Manual. This was in consideration of infiltration limitations on
the site. The applicant will demonstrate how the design complies with the chosen manual. The second
mitigation measure requires temporary erosion control measures implemented throughout construction. The
remaining mitigation measures are with regard to fire, traffic and park mitigation fees.
The proposal is required to comply with the ComprehensivePlan designation of Residential Single Family
(RSF). The RSF designation requires that proposals provide for future construction of single-family homes and
promote goals of infill developI\lent. This proposal is in compliance with the requirements.
The proposal complies with Policy LU-23 which requires net development within all residential designations to
achieve a minimum density. The minimum density may be adjusted to reflect constraints on a site. The density
on this site is 3.6 dwelling units per acre and a minimum of five to a maximum of eight dwelling units per acre
is required in the R-8 zone. The overhead transmission lines preclude the creation of additional lots that would
achieve minimum density.
The proposal meets all lot dimension and setback requirements.
In response to questioning from the Examiner, Ms. Nishihira stated that Proposed Lot 1 is buildable. The
applicant has assured staff that there are building plans that can accommodate the allowed building envelope on
this lot.
The proposed lot lines are configured such that the existing residence to remain on Proposed Lot 8 would
comply with the required front and side yard setbacks; however, the west side of the structure has an existing
deck that would protrude into the setback area and the applicant has indicated that it would be removed. Staff
recommends that the demolition of the structure be required as a condition of approval. The detached garage
and shed would not comply with the code, as they would be on separate lots; therefore, staff recommends
demolition permits for these accessory structures as well.
The lot complies with subdivision regulations including lot arrangement. The majority of the lots would have
direct frontage to a public roadway. Each of the lots satisfies the minimum lot area and dimension requirements
of the R-8 zone.
, .
Highpointe Division II Prelimina,Y Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 3
Access to the site is proposed via a public right-of-way 50 feet in width. This right-of-way would extend south
from Sunset Boulevard through the property to the north and would terminate in a cul-de-sac at the proposed
site. Curb, gutter, sidewalks and street lighting would be installed with the construction of the project. Two
separate private easements 20 feet in width with 20 feet of paving are proposed to serve the lots not abutting the
public right-of-way. One ofthe private streets would extend south from the cul-de-sac within the overhead
transmission line easement area to serve Proposed Lots I and 2. The second private street would extend west
from the cul-de-sac through Proposed Lots 7 and 8 to serve Proposed Lots 9, 10, II and 12.
A hammerhead turnaround is required in order to provide emergency access and the applicant has indicated they
would be able to revise the plan to provide the required hammerhead. In order to make sure it is on the plans
prior to final plat, staff recommends this be made condition of approval.
Staff also recommends a homeowner's association or maintenance agreement be established as a condition of
preliminary plat approval for maintenance of the private roadways as well as any shared utilities.
The Environmental Review Committee has required a Traffic Mitigation fee.
The site is generally flat with a very slight grade sloping from the south to the north. The majority of the trees
on the site would be removed for site construction.
The surrounding area is developed with existing single-family residences as well as recently approved plats to
the north.
The proposal is consistent with the intent of the Comprehensive Plan and Zoning Code and would not be out of
character with recent development in the area especially when considering the R-l 0 development to the north.
Police and Fire have indicated that there are sufficient resources to serve the proposed development provided
that the applicant pay the required mitigation fee as required by the Environmental Review Committee.
A Parks Mitigation fee will also be required of the project in order to offset potential impacts to existing
recreation facilities.
The Renton School District has indicated that it could support the new students generated by the proposal.
The site is located within Aquifer Protection Zone Two. A preliminary technical information report was
submitted with the land use application. The report indicates that onsite surface water discharges offsite and
continues by sheet flows generally in a northerly direction for approximately 500 feet and eventually enters an
existing drainage system on the south side ofNE Sunset Boulevard. The project proposes to collect surface
water from paved roadways by catch basins and underground pipes, which would convey flows to an open,
combined wet retention pond for treatment and retention. Individual dry wells are proposed for each lot;
however, this design has been modified again and the applicant will elaborate on how storm drainage will be
accommodated on the site.
The Environmental Review Committee has required that the applicant revise the storm drainage plan and the
applicant will address revisions in greater detail.
There are existing sanitary sewer and water utilities available to serve the site. An extension of the sanitary
sewer main will be required as well as an extension of a water main.
Highpointe Division II PrelllnInu.j Plat
File No.: LUA-02-005,PP,ECF
April II, 2002
Page 4
Staff recommends approval of the Highpointe Division II Preliminary Plat subject to three conditions with a
possible fourth being necessary to address drainage. The first recommended condition is that the applicant
obtain demolition permits for the removal of the deck and accessory structures located on the property. The
second condition is that the applicant establish a homeowner's association or maintenance agreement. Finally,
the plat plan should be revised to include a turnaround designed within accordance of street standards for
emergency access within Proposed Lots 9, 10, II and 12.
Wayne Potter, 17423 Topaz Loop SE, Yelm, WA 98597 stated that he is representing the applicant KBS III.
The applicant concurs with staff in regard to the conditions of approval. With respect to the hammerhead, they
have looked at it and can modify the plan. With respect to concerns from the Examiner regarding buildability
of Proposed Lots 1 and 2, they have looked at this and there is enough building pad area for a house. They will
probably have a custom home designed specifically for that lot. It would be an estate lot which someone could
have a large lawn but the house would be forced into one corner. They are also confident that they can also
design a house to fit on Proposed Lot 2.
Dan Balmelli, 3710 N 35th Street, Tacoma, WA 98407 stated that he is representing the applicant as the
engineer. They also recently completed the engineering for Highpointe Division I. Based on infiltration tests
completed for that project and for the purposes ofthis preliminary plat they made the assumption that they
would have adequate infiltration rates because the soils were somewhat similar. However, in the SEPA
application they did indicate that they would either provide an infiltration system or a detention system
combined with a wet pond depending on the actual results of the infiltration tests. Once the infiltration tests
were completed they found a situation where there is not good infiltration rates. The geotech recommends that
infiltration for the entire project not be done. They have discussed with the geotechnical engineer about doing
individual drywells for roof drains only because that system is a shallow trench system. However, at this time
they have made the determination they are going to provide an onsite detention system that ties all the roof
drains and the driveways as well as all ofthe private roads and the public road into one system. The revised
preliminary drainage plan submitted at the request of the City shows that scenario. In the staff report they also
requested that they back up that design with a calculation either in accordance with the 1990 King County
Surface Water Design Manual or the 1998 King County Surface Water Design Manual depending on the
constraints of each manual, to make sure they can meet the detention requirement within the area they have
proposed. He has actually completed calculations for both, but their proposal is to use the 1990 Manual.
Kayren Kittrick, Development Services, 1055 South Grady Way, Renton, WA 98055 stated that the question
that staff had was whether in the face of the fact that infiltration became a physical impossibility they would be
able to fit a pond in the proposed tract that they were showing on the plat and would they have to move their lots
around to accommodate a pond.
In response to questions raised by the Examiner, Ms. Kittrick stated that it was not clear from the Fire
Department regarding the gate on the access easement out to NE lih Street. It is usually a preference of the
Transportation Department or the property owner pf whether they want it gated or not. She is unclear as to
whether or not that gate was required by the City.
Mr. Balmelli asked if staff would allow them to retain the option of individual lot infiltration or just the roof
drains upon further analysis of the soils. It is always preferable to do individual drywells ifthe soils support it.
This level of detail is not currently available and he would like to retain the option if in the final design they
have the information they need.
Ms. Kittrick stated that the 1990 King County Surface Water Design Manual has standard specifications for
drywells like the ones being requested so as long they are being allowed in the 1990 Manual and can comply
with its requirements and standards then yes they will have the option.
Highpointe Division II PreliminalY Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 5
Mr. Potter stated that with respect to the emergency access gates, those were put on the plans for several
reasons. First of all from a marketing standpoint they provided the access just for the purpose of emergencies.
What they are trying to avoid is people using it for an easy exit. They have learned that putting up gates in
coordination with police or fire they can still accommodate pedestrians .. If staff or the City Departments find
that it is not feasible then they do not have a problem, it was simply a design consideration.
Ms. Kittrick stated that it comes down to the Fire Department who has no objection to this design.
Ms. Nishihira stated that to follow up on a density question posed by the Examiner, after the deduction of the
easement area from the gross acreage of the site, as well as the public roadway and private easements, the net
acreage would be 1.19 and would arrive at a density of 10.0 dwelling units per acre. However, staff must
reassure that the proposal does comply with the current definition of density.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 10:20 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
FINDINGS:
1. The applicant, KBS III, LLC, filed a request for approval of a 12-lot Preliminary Plat together with two
tracts.
2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and
other pertinent materials was entered into the record as Exhibit No.1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non-
Significance -Mitigated (DNS-M) for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The ~ubject site is located at 3722 NE 12th Street. The subject site is on the north side ofNE 12th Street
between Queen Place NE on the west and Union Avenue NE on the east.
6. The subject site is approximately 3.67 acres in area. The parcel is an inverted L-shapedproperty, which
can also be described as a square in which the southwest quadrant of the square is excluded third party
property. The subject site is approximately 440 feet long (north to south) by approximately 470 feet wide.
7. The subject site has slopes ranging from approximately 0.5 percent to 2 percent meaning it is essentially
level. It slopes downward to the north just slightly.
8. A major Seattle City power transmission line located above ground as well as two Olympic pipelines cross
almost directly through the center of the parcel in a north to south direction. These utilities lie within a
200-foot wide easement across the site. No power line support towers are located on the property.
9. The subject site was annexed to the City with the adoption of Ordinance 2323 enacted in April 1967.
Highpointe Division II Prelimina.j Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 6
10. The subject site is currently zoned R-8 (Single Family -8 dwelling units/acre).
11. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of single-family uses.
12. There is a single family home, garage and shed on the subject site. The home would be retained on
Proposed Lot 8, while the other structures would be removed. A deck at the rear of the existing home
would be set too close to the proposed new property line and staff recommended that it be removed (see
below).
13. The applicant proposes dividing the subject site into 12 lots. There would be 12 single-family lots and two
tracts. Tract A would be located in the northeast comer of the plat and would contain the storm drainage
pond. Near the southwest comer of the south facing leg of the L-shaped parcel would be an open space
tract, Tract B. Tract B is located west of the utility easements and is separated from majority of the parcel
by the easements.
14. The proposed lots range in size from 5,621 square feet to approximately 32,845 square feet. The majority
of the parcels are between 5,621 square feet and 7,593 square feet, with three lots over 9,000 square feet
and one lot slightly larger than 20,000 square feet. Tract A would be 7,690 square feet while Tract B
would be 10,280 square feet.
15. Proposed Lots 1 to 5 would run up the eastern edge of the site-along the access road, its cul-de-sac and an
easement roadway. The remaining lots would be arranged in two tiers on either side of an easement road
and would be located on the western side of the site.
16. The site has approximately 45 trees as well as shrubs and grass. Some of the trees range in size from eight
inch to 44-inch caliper. The applicant will clear most of the vegetation from the site in order to prepare the
site for the building pads and the new roads.
17. The applicant is proposing to extend a public 50-foot wide street into the northern end of the site and
terminate it in a cul-de-sac. Easements will run south and west from the cul-de-sac to provide access to
interior parcels. The southern easement will connect to NE 12th Street to provide emergency access.
Gates will limit access to emergency vehicles. It was suggested that pedestrian access should be
accommodated along this roadway.
18. Staff has recommended that the western easement be developed with a hammerhead turnaround to
accommodate emergency vehicles.
19. The R-8 zone generally requires a density of between five and eight dwelling units per acre. The density
calculations account for roadways and steep slopes and wetlands but no powerline easements. The 12-lot
plat would have a density of approximately 3.6 units per acre. The code does allow a reduction in density
if there are constraints. In this case the power line and pipeline easement areas do not support development.
20. All of the proposed lots meet the lot area requirements although Proposed Lots 1 and 2 are severely
restricted by the powerline easement. The applicant indicated that Proposed Lots 1 and 2 have building
pads of approximately 5,749 square feet and 1,640 square feet respectively but are somewhat narrow and
that custom homes could be accommodated on those lots.
21. The existing home's rear deck would be 11 feet from its proposed rear property line. A 20-foot setback is
required. Staff recommended that the deck be removed to provide the proper setback.
Highpointe Division II Prelimim,.j Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 7
22. Development of 12 single-family homes will generate approximately 120 vehicle trips per day (based on
approximately 9.57 trips per dwelling). The eleven new homes would be slightly less. Peak hour trips
would account for approximately 10 percent of the traffic trips that will occur. The ERC imposed
mitigations measures for fee generation.
23. The development of the subject site will generate approximately five school age children. These students
would be spread among the different grades and would be students in the Renton School District.
24. The two separate tracts are not intended to be buildable lots. Tract A contains the storm pond and Tract B
contains open space proposed for some form of recreation.
25. The City will provide sanitary sewer and water service.
26. Staffwas concerned about the capacity of the storm drainage system but determined that the applicant
could meet the appropriate standards on Proposed Tract A or under the proposed roadway.
CONCLUSIONS:
1. The proposed plat appears to serve the public use and interest. The applicant has had to work around a
fairly major constraint, a 200-foot wide powerline easement and create a series of buildable and accessible._
lots. While at least two of the lots will present unique building pads, the applicant and staff have indicated
that reasonable homes can be constructed on them.
2. The proposed density of 3.6 units per acre is a necessary tradeoff given the 200 feet wide easement that
cuts through the center of the subject site. The easement can accommodate the entry road and the private
north-south easement roadway as well as yard space. The easement cannot support development and
therefore, the density achieved under the circumstances appears reasonable. The developable acreage after
the power lines are removed is approximately 1.19 acres and the 12 homes actually provide a density of 10
units per acre, which: is over that normally permitted. But the easement area can be used for yard space.
3. The staff recommendation on providing a hammerhead turnaround for the east-west easement roadway
seems appropriate given the access limitations off of the public roadway. The applicant should also be
required to accommodate pedestrians along the north-south easement and allow their passage through any
gates.
4. It appears from staff testimony that the applicant should be able to meet storm water detention
requirements but staff may need to have the applicant increase the requirements. The ERC imposed
conditions that the applicant could use either the 1990 or 1998 King County Surface Water Design Manual.
5. In order to provide future residents with information on the easements, the applicant shall include on the
face ofthe plat details of the two pipelines, that they carry fuel or other petroleum products and their
alignment and the text shall be in type of the same size and boldness as that noting the "26' EMERGENCY
FIRE AND SECONDARY ACCESS EASEMENT" found on Sheet I of3 and Dated 01110/02. There
should be two such descriptions near the north and south ends of the plat.
6. Development of the site will introduce additional noise and population. It will also increase the tax base of
the City and provide additional housing choices in a growing urban area.
7. The plat shall contain language acceptable to the City Attorney regarding the fact that both Tracts A and B
Highpointe Division II Prelimma'1 Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 8
are storm water detention and recreational open space respectively and development of them is precluded.
8. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the
conditions noted below.
RECOMMENDATION:
The Preliminary Plat is approved subject to the following conditions:
1. The applicant shall comply with the conditions imposed by the ERC.
2. The applicant shall include on the face ofthe plat details of the two pipelines, that they carry fuel or other
petroleum products and their alignment and the text shall be in type of the same size and boldness as that
noting the "26' EMERGENCY FIRE AND SECONDARY ACCESS EASEMENT" found on the
Preliminary Plat Sheet 1 of 3 and Dated 01110/02. There shall be two such descriptions near the north and
south ends of the plat.
3. The applicant shall design a storm water system subject to review and approval of the City.
4. The gates for the emergency access roadway to NE 12th Street shall permit pedestrian access.
5. The applicant shall obtain a demolition permit and complete all necessary inspections and approvals for the
removal of the deck on the west side of the residence, as well as the two accessory structures, located on
the property. The satisfaction of this requirement shall be subject to the review and approval ofthe
Development Services Division prior to the recording of the plat.
6. A homeowner's association for maintenance agreement shall be created concurrently with the recording of
the plat in order to establish maintenance responsibilities for all shared improvements within this
development. A draft of the document(s), if necessary, shall be submitted to the City of Renton
Development Services Division for review and approval by the City Attorney and Property Services
section prior to the recording of the plat.
7. The plat plans shall include a tum-around designed in accordance with current street standards for
emergency access for the private street easement serving lots 9, 10, 11 and 12. The satisfaction of this
requirement shall be subject to the review and approval of the Development Services Division prior to the
recording of the plat.
ORDERED TIllS 11 tb day of April, 2002.
FREDJ. KA N
HEARING E INER
· ' " t.
Highpointe Division II Prelimin(uy Plat
File No.: LUA-02-005,PP,ECF
April 11,2002
Page 9
TRANSMITTED TillS 11 th day of April, 2002 to the parties of record:
Lesley Nishihira
1055 S Grady Way
Renton, W A 98055
Kayren Kittrick
1055 S Grady Way
Renton, WA 98055
Breck Scott
PO Box 13181
EI Cajon, CA 92022
Wayne Potter
17423 Topaz Loop SE
Yelm, W A 98597
Dan Balmelli
3710 N 35th Street
Tacoma, W A 98407
Curtis Schuster
KBS III, LLC
12505 Bel Red Road #212
Bellevue, W A 98055
Mr. & Mrs. Albert LaPointe
3722 NE 12th Street
Renton, W A 98056
TRANSMITTED TillS 11 th day of April, 2002 to the following:
Mayor Jesse Tanner
Members, Renton Planning Commission
Larry Rude, Fire Marshal
Lawrence J. Warren, City Attorney
Transportation Systems Division
Utilities System Division
South County Journal
Gregg Zimmerman, PlanlBldg/PW Admin.
Neil Watts, Development Services Director
Sue Carlson, Econ. Dev. Administrator
Larry Meckling, Building Official
Jay Covington, Chief Administrative Officer
Councilperson Kathy Keolker-Wheeler
Alex Pietsch, Economic Development Director
Pursuant to Title IV, Chapter 8, Section 100G ofthe City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m., April 25, 2002. Any aggrieved person feeling that the decision ofthe
Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements.
Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City
Hall.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Council or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members of the City Council.
Highpointe Division II Prelimina,y Plat
File No.: LUA-02-005,PP,ECF
April 11, 2002
Page 10
All communications concerning the proposal must be made in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
· . . ,
y
....
CITY OF RENTON
MEMORANDUM
;s
DATE: April!:' 2004
TO: Sonja J. Fresser, Property Services
FROM: Nancy Weil, Development/Planning, x7289
SUBJECT: Highpointe I & II Lot Line Adjustment, File No. LUA-04-005, LLA
Forwarded for your review, Quit Claim Deed and Declaration of Covenant for the above
referenced lot line adjustment.
Please review and comment regarding Property Services concerns, if any of these
documents per our conversation.
Thank you.
cc: Yellow file
H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\Q4-005.Nancy\propsrvmemo2.DOC
~e'JI .... ,,-Wheeler, Mayor
April 15, 2004
Stephen H. Woods
Centre Pointe Surveying
33701 9th Avenue S.
Federal Way, WA 98003
SUBJECT:
Dear Mr. Woods:
Highpoilite Lot Line Adjustment
Project No. LUA-04-005, LLA
CITY rF··RENTON
PlanningIBuilding/Public Works Department
Gregg Zimmerman P.E., Administrator
The City of Renton has completed the review of your revisions for the proposed lot line adjustment. The
following will be. necessary in order for the City tQ approve your proposal:
1. Please draft a restrictive covenant for Lots A, B and C which prohibits use of the easement area for
density calculation for any future development of Division I. Include a note the covenant can not
be removed without approval of the City of Renton.
2. The City Attorney has reviewed the restated Home Owners Association covenants. While the
mention of Tract B has been removed from the language, it is not released from the dedication: He
suggests a conveyance from the HOA to the platter of Highpoint is required with approval of the
City.
3. Changes on the plat: Note that the W Y. comer (map exhibit on Sheet 1 of2) is City of Renton
Mon #369, not #1843.
See the attachment fodtems circled that need correcting under "SURVEYOR"S NOTES" on
Sheet 2 of2.
Fee Review Comments:
Lots within or affected by the lot line adjlistment are subject to $e city's special charges,.ifany.
Once the above changes have been made, please submittwo copies of the revised lot line adjlistment to me
at the sixthfloor counter of City Hali. The revised plans willbe routed for final review and you will be
notified when it is appropriate to submit the final mylars. If you have any questions regarding your
application or the changes requ~sted above, please contact me at (425) 430-7289;
Sincerely,
Nancy Kreynus Weil
Associate Planner
cc: Curtis Schuster
Benchmark Construction LTD
Yellow file
* This paper contains 50% r~c1ed material, 30% post consumer AHEAD OF THE CURVE
I 8 ---r----
o 26' PRIVATE
DRIVEWAY AND UTILITY EASEMENT
AREAS:
Old Square Ft. Acres
Lot 4: 4890 0.112
Lot 5: 5960 0.137
Lot 6: 6520 0.150
Tract B: 7800 0.179
15' PUBLIC SEWER EASEMENT REC. NO. 20030722001386--
Total: 25170
New Square Ft.
Lot A: 9490
Lot B: 7840
Lot C: 7840
Total: 25170
0.578
Acres
0.218
0.180
0.180
0.578
4
~South 1/4 corner of Section 4. Township
23N. Range 5E. found 3" brass disk
with "X"
SURVEYOR'S NOTES:
1)
2)
3)
4)
5)
6)
7)
The monument control shown for this site was accomplished
by field traverse utilizing a one (1) second theodolite with integral electronic distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / Static
Global Positioning System (GPS). Linear and angular
closure of the traverses meet the standards of WAC
332-130-090.
Full reliance for legal descriptions and recorded
easements have been placed on the title reports from Chicago Title Insurance Company Commitment order Nos.
1117148. dated January 21. 2004 and 1117149. dated January
9. 2004. No additional research has been attempted.
Offset dimensions shown hereon are measured perpendicular
to property lines.
This survey represents physical improvement conditions as
they existed August 28. 2001. the date of this field
survey.
Lots A. B & C are subject to the Declaration of Covenants. Conditions & Restrictions for Highpointe Oivison II per
Rec. No. 20030905000019.
Lots A. B & C are subject to ~greement with the City of Seattle for use of the transmIssion line per Rec. No.
20030214001681.
Lots A. B & C are subject to Olympic Pipeline easements per Rec. 4032. 5850378 & 7301150404. Said easements ufficintl described to determine exact locations. not been shown hereon.
TI
PI
C N(
fr m
E>
Sl
gr
tt
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
March 30, 2004
Nancy Weil
Sonja J. Fesser~
Highpointe & Highpointe Div. No.2 Lot Line Adjustment,
LUA-04-005-LLA
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have
the following comments:
Comments for the Applicant:
Note that the W % comer (map exhibit on Sheet 1 of 2) is City of Renton Mon #369, not #1843.
See the attachment for items circled that need correcting under "SURVEYOR'S NOTES" on
Sheet 2 of2.
\H:\Fi\e Sys\LND -Land Subdivision & Surveying Records\LND-30 -City of Renton Lot Une Adjustments\0276\RV040405.doc
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM RECEIVED
MAR 2 5 200~
----------------------------------------~--------------~e~/~r~y=OFA
UTiLITY s" ENTON DATE: March 25, 2004
TO: Sonja Fesser, Property Services
FROM: Nancy Weil, Development/Planning, x7289
SUBJECT: Highpointe I & II Lot Line Adjustment, File No. LUA-04-005, LLA
Attached is the most recent version of the above-referenced lot line adjustment.
If all Property Services concerns have been addressed and you are now able to
recommend recording of the mylar, please initial this memo below and return to me as
soon as possible.
However, if you have outstanding concerns or require additional information in order to
recommend recording, please let me know. Thank you.
Property Services approval:
cc: Yellow File
k!of1=:: ~Ppt=t.OvA.l-I'!::> ~Ecr TC --r-tE= AlTk4E"D
Mtlvfc:> .
H:\Division.s\Develop.ser\Dev&plan.ing\NKW\Lot Line Adjustments\LLAS\PLATMEMO.DOC
,STEMs
WHEN RECORDED RETURN TO:
KBS III, LLC
12320 NE 8th Street Ste #100
. Bellevue, W A 98005
AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF HIGHPOINTE DMSION II,
COMMONL Y KNOWN AS GREENFIELD II
Grantor:
Grantee:
Legal Description:
Assessor's Tax Parcel No:
Reference Nos. of Document
Released! Assigned! Amended:
KBS III, LLC, a Washington limited liability company;
BENCHMARK CONSTRUCTION LTD, a Washington'
corporation; DONOGH CONSTRUCTION, INC., 11
Washington corporation; AMERICAN CLASSIC HOMES,
LLC, a Washington limited liability company;
HIGHPOINTE DIVISION II HOMEOWNERS
ASSOCIATION, a Washington nonprofit corporation;
CITY OF RENTON
Homeowners in the Plat of Highpointe Division II
Lots 1 through 12 and Tract A, according to the Plat of
Highpointe Division II, recorded in Volume 216 of Plats,
Pages 29 through 31, King County, Washington.
Tax Parcel No. for the entire plat prior to segregation of
taxes to individual lots: 042305-9223
20030905000019
AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF HIGHPOINTE DIVISION II,
COMMONLY KNOWN AS GREENFIELD II
TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITIONS .............................................................................................................. 2
1.1 Words Defined ............................................................................................................ 2
1.2 Form of Words ............................................................................................................ 3
ARTICLE 2 PLAN OF DEVELOPMENT ....................................................................................... .3
2.1 Development of Property ............................................................................................ 3
2.2 Interest Subject to Plan ofDevelopment.. .................................................................. .4
ARTICLE 3 COMMON AREAS ...................................................................................................... 4
3.1 "Common Areas" and "Common Area Improvements" ............................................. .4
3.2 Association to Maintain Common Areas ................................................................... .4
3.3 Alteration of Common Areas ...................................................................................... 4
3.4 Public Areas ................................................................................................................ 4
ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS ............................................ .4
4.1 Private Easements ........................................................................................................ 4
ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS .................................................. .5
5.1 Permitted Structures .................................................................................................... 5
5.2 Uniformity of Use and Appearance .............................. ; .............................................. 6
5.3 Submission of Plans .................................................................................................... 6
5.4 Construction ................................................................................................................ 6
5.5 Minimum Size ............................................................................................................. 7
5.6 Building Laws ............................................................................................................. 7
5.7 Use Restrictions ........................................................................................................... 7
5.8 Variances ..................................................................................................................... 11
ARTICLE 6 HIGHPOINTE DNISION II HOMEOWNERS ASSOCIATION ............................... ll
6.1 Organization ................................................................................................................ 11
6.2 Board of Directors ....................................................................................................... 11
6.3 Qualification for Membership ..................................................................................... 11
6.4 Transfer of Membership .............................................................................................. 12
6.5 Number of Votes ......................................................................................................... 12
6.6 Voting .......................................................................................................................... 12
6.7 Pledged Votes .............................................................................................................. 12
6.8 Annual and Special Meetings ...................................................................................... 12
6.9 Books and Records ...................................................................................................... 13
6.10 Transition Date ........................................................................................................... 13
ARTICLE 7 NOTICES FOR ALL PURPOSES .............................................................................. .13
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ARTICLE 8 AUTHORITY OF THE BOARD ., ............................................................................... 14
8.1 Adoption of Rules and Regulations ............................................................................. 14
8.2 Enforcement of Declaration, Etc ................................................................................. 14
8.3 Goods and Services ...................................................................... · ............................... 14
·8.4 Protection of Common Areas ...................................................................................... 14
ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES ................................. 15
9.1 Fiscal Year; Preparation of Budget ............................................................................. 15
9.2 Certificate of Unpaid Assessments .............................................................................. 15
9.3 Date of Commencement of Annual Assessments ....................................................... 15
ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS ..................................................... 16
10.1 Assessments Are a Lien; Priority ............................................................................... 16
10.2 Lien May Be Foreclosed ............................................................................................ 16
10.3 Assessments Are Personal Obligations ................................................... ; .................. 16
10.4 Uite Gharges and Interest on Delinquent Assessments ............................................. 16
10.5 Recovery of Attorneys' Fees and Costs ..................................................................... 17
10.6 Remedies Cumulative ................................................................................................. 17
ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO
WAIVER ..................................................................................................................... 17
ARTICLE 12 LIMITATION OF LIABILITY .................................................................................. 17
ARTICLE 13 INDEMNIFICATION ................................................................................................. 18
ARTICLE 14 INSURANCE .............................................................................................................. 18
ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY ...................................... 18
ARTICLE 16 AMENQMENTS OF DECLARATION ..................................................................... 19
16.1 Amendments of Declarant ......................................................................................... 19
16.2 Amendments by Association ..................................................................................... 19
16.3 Amendments to Article 3 ........................................................................................... 20
ARTICLE 17 ANNEXATION AND SUBDIVISION ...................................................................... 20
ARTICLE 18 DURATION ................................................................................................................ 20
ARTICLE 19 SEVERABILITY .......................................................................... .' ............................. 20
ARTICLE 20 EFFECTIVE DATE .................................................................................................... 20
ARTICLE 21 ASSIGNMENT BY DECLARANT ........................................................................... 21
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AMENDED AND RESTATED DECLARATION
FOR THE PLAT OF HIGHPOINTE DMSION II,
COMMONL Y KNOWN AS GREENFIELD II
THIS Amended and Restated Declaration for the Plat of Highpointe Division II,
Commonly Known as Greenfield II ("Declaration"), dated as of _________ ---'
2004, is made by the undersigned parties (collectively, "Declarant"), with reference to the
following real property (the "Property"):
Lots 1 through 12 and Tract A, Highpointe Division II, Volume
216 of Plats, pages 29 through 31, inclusive, in King County,
Washington, recorded under King County Recording No.
20030905000018;
Situate in City of Renton, King County, Washington.
The undersigned are all of the successors-in-interest to the original Declarant, KBS
Development Corporation, a Washington corporation, and, collectively, are owners of all of the
Property.
This Amended and Restated Declaration amends, restates and supersedes the Declaration
and Covenants, Conditions and Restrictions for the Plat of Highpointe II Commonly Known as
Greenfield II, recorded under King County Recording No. 20030905000019 (the "Original
Declaration"). In the event of a conflict between this Amended and Restated Declaration and the
Original Declaration, the provisions of this Amended and Restated Declaration shall control.
Tract B as shown on the Plat of Highpointe Division II is not subject to this Amended and
Restated Declaration, and is hereby released from the terms of the Original Declaration.
Declarant makes this Declaration, and subjects the Property to this Declaration, to create
a home owners association, to provide for the ownership, maintenance and preservation of the
common areas, the common area improvements and the private easements, and to address other
matters related to ownership of the Property.
The Declarant submits this Amended and Restated Declaration pursuant to its authority in
Section 16.1 of the Original Declaration. The Transition Date has not occurred.
NOW, THEREFORE, Declarant declares that all of the Property shall be held,
transferred, sold, conveyed, leased, used and occupied subject to the covenants, conditions and
restrictions hereinafter set forth which are for the purpose of protecting the value and desirability
of, and which shall touch, concern and run with title to, the real property subjected to this
Declaration and which shall be binding on all parties having any right, title or interest in the
described property or any portion thereof, and their respective heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
1.1 Words Defined
Article 1
Definitions
For the purposes of this Declaration and any amendments hereto, the following terms
shall have the following meanings and all definitions shall be applicable to the singular and
plural forms of such terms:
"Association" shall mean the Highpointe Division II Homeowners Association described
in Article 6 of this Declaration, its successors and assigns.
"Board" shall mean the board of directors of the Association.
"Common Area" and "Common Area Improvements" shall mean all real and personal
property now or hereafter owned by the Association for the common use and enjoyment of the
Owners. The Common Areas may include parks, open space, private storm drainage easements,
sidewalks, street trees and street lighting, if any, planted landscape features, water fountains,
signage and any other areas owned by the Association and designated as Common Areas by
Declarant. The Common Areas to be owned by the Association at the time of conveyance of the
first Lot to an Owner other than Declarant are described herein and depicted on the Plat.
"Construction" and "Constructed" shall mean any construction, reconstruction, erection
or alteration of an improvement on a Lot, except wholly interior alterations to a then-existing
Structure.
"Declarant" shall have the meaning given to that term in the first paragraph above.
"Declaration" shall mean this Declaration and Covenants, Conditions and Restrictions
for the Plat of Highpointe Division II, as it may be amended from time to time:
"First Mortgage" and "First Mortgagee" shall mean, respectively: (a) a recorded
Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of
a first mortgage. For purposes of determining the percentage of First Mortgagees approving a
proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more
, '
than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First
Mortgage so held.
"Lot" shall mean anyone of Lots 1 through 12 as shown in the Plat, together with the
structures and improvements, if any, thereon.
"Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a
Lot and shall also mean a real estate contract for the sale of a Lot.
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"Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of
an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor,
or the designee of a vendor, of a real estate contract for the sale of a Lot.
"Owner" shall mean the record owner, whether one or more Persons, of fee simple title
to a Lot, including a contract seller except those having such interest merely for the performance
of an obligation.
"Person" shall mean an individual, corporation, partnership, association, trust or other
legal entity.
"Plans" shall have the meaning given to such tenn in Section 5.3.
"Plat" shall mean the final plat of Highpointe Division II, recorded September 9,2003, in
Volume 216 of Plats, pages 29 through 31, inclusive, King County, Washington, under King
County Recording No. 20030905000018.
"Private Easements" shall mean the private drainage easements, access easements, and
utility easements as described in the Plat and further described in Article 4, not dedicated to the
public.
"Structure" shall mean any residence, accessory building, fence, wall, driveway,
walkway, patio, deck, swimming pool or the like constructed on a Lot.
"Transition Date" shall have the meaning given to such term in Section 6.10.
1.2 Form of Words
The singular form of words shall include the plural and the plural shall include the
singular. Masculine, feminine and neuter pronouns shall be used interchangeably.
Article 2
Plan Of Development
2.1 Development of Property
One (1) single-family residence may be constructed on each of the Lots. The Property
also includes a parcel ofland designated on the Plat as Tract A, and which is designated as a
storm pond serving the Plat. All Lots are hereby restricted exclusively to single-family
residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof.
Declarant shall have the right, but not the obligation, for so long as Declarant owns any Lot
and/or Tract A, to make improvements and changes to the Private Easements for: (i) the
installation and maintenance of any improvements; and (ii) the installation and maintenance of
any other utilities systems and facilities.
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2.2 Interest Subject to Plan of Development
Every purchaser of a Lot within the Property shall purchase such interest and every
Mortgagee and lien holder holding an interest therein shall take title, or hold such security
interest with respect thereto, with notice of Declarant's plan of development as herein set forth.
Any provision of this Declaration to the contrary notwithstanding, the provisions of the
foregoing plan of development as set forth in this Article 2 may not be abrogated, modified,
rescinded, supplemented or amended in whole or in part without the prior written consent of
Declarant or its successors and assigns as defined in Article 6 and Article 21 of this. Declaration.
Article 3
Common Areas
3.1 "Common Areas" and "Common Area Improvements"
"Common Areas" and "Common Area Improvements" include, specifically, Tract A as
depicted in the Plat and identified as a storm pond and any street trees and planter islands.
Common Areas shall be owned by the Association.
3.2 Association to Maintain Common Areas
The Association shall have the right and the obligation to maintain and repair the
Common Areas, except as set forth herein or on the Plat. The Association may install
landscaping on Tract A and may also maintain the storm detention facilities thereon. The
Association pay all costs of maintenance, repair, and reconstruction of all improvements within
Tract A. The right of entry to effect such rights shall apply to the agents, representatives and
employees of the Association, its successors and assigns.
3.3 Alteration of Common Areas
Nothing shall be altered or constructed upon or removed from the Common Areas, except
upon the prior written consent of the Board.
3.4· Public Areas
Any public areas and dedicated areas within the Property shall be subject to all
ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction.
Article 4
Private Easements And Other Easements
4.1 Private Easements
All the private easements shown on the Plat and described below, shall be owned,
operated and maintained by the Association.
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4.1.1 Private Road Easement over Lots 7, 8, 9, and 12
The private road easement established by and delineated in the Plat over portions of Lots
7, 8, 9 and 12 is for the benefit of Lots 9, 10, 11 and 12 only. The owners of Lots 9, 10, 11 and
12 shall be equally responsible for the cost of maintenance, repair and reconstruction of that
portion of the road constructed therein.
4.1.2 Private Road Easement over Lots 1, 2, 3, and 8
The private road easement established by and delineated in the Plat over portions of Lots
1, 2, 3, and 8 is for the benefit of Lots 1, 2, and 8 only. The owners of Lots 1, 2, and 8 shall be
equally responsible for the cost of maintenance, repair and reconstruction of the road
constructed therein.
4.1.3 Seattle City Light.
The transmission line easement set forth on the Plat is for the benefit of Seattle City Light
only.
4.1.4 Olympic Petroleum Pipeline
The Olympic Petroleum Pipeline easement set forth on the Plat is for the benefit of
Olympic Pipeline only.
4.1.5 Utility Easements
As set forth on the Plat, easements are reserved for the City of Renton and various utility
providers and their respective successor and assigns under and upon the private streets, if any,
and the exterior ten (10) feet of all Lots, Tracts and spaces within the Plat lying parallel with and
adjoining all streets in which to construct, operate, maintain, repair, replace and enlarge
underground pipes, conduits, down guy anchors, cables and wires with all necessary or
convenient underground or ground-mounted appurtenances thereto for the purpose of service the
property and other property with electric, gas, telephone or other utility services, together with
the right to enter upon the streets, Lots, Tracts and spaces at all times for the purposes therein
stated.
Article 5
Construction On Lots And Use Of Lots
5.1 Permitted Structures
No Structure of any kind shall be constructed, altered, added to or maintained upon any
Lot or any other part ofthe Property, except: (a) improvements or structures which are
constructed by Declarant or its agents or assigns; (b) such structures as are approved by the
Board in accordance with this Article 5; or (c) structures which pursuant to this Article 5 do not
require consent of the Board.
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5.2 Uniformity of Use and Appearance
One of the purposes of this Declaration is to assure throughout the Property a uniformity
of use and quality of: (i) workmanship; (ii) materials; (iii) design; (iv) maintenance; and (v)
location of structures with respect to topography and finish grade elevation. It is in the best
interests of each Owner that such uniformity of use and quality be maintained as hereinafter
provided. No building (except for accessory structures) shall be erected, altered, placed or
permitted to remain on any Lot other than one single family dwelling. Accessory structures,
including storage buildings, are permitted to the extent allowed by this Article 5.
Notwithstanding anything herein set forth, the Construction of any Structure shall comply with
the more restrictive of either (i) the terms and conditions of this Declaration or (ii) the laws,
codes, ordinances and regulations of any governmental entity having jurisdiction.
5.3 Submission of Plans
At least twenty (20) days before commencing Construction of any Structure on any Lot,
the Owner shall submit to the Board two (2) complete sets of detailed building, surface water
run-off control and landscaping plans and specifications and a site plan showing the location of
all proposed Structures (the plans, specifications and site plans are individually and collectively
referred to herein as the "Plans"). The Plans shall be submitted in a form satisfactory to the
Board, which may withhold its approval by reason of its reasonable dissatisfaction with the
location of the Structure on the Lot, color scheme, finish, architecture, height impact on view
from another Lot or Lots, appropriateness of the proposed Structure; materials used therein, or
because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment
of the Board, would render the proposed Structure out of harmony with the general plan of
development of the Property or other Structures nearby. The Board's approval or disapproval of
Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans,
one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be
Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the
prevailing party's attorney's fees and costs including those incurred in connection with any
appeal.
5.4 Construction
No Structure shall be Constructed or caused to be Constructed on any Lot unless the
Plans for the Structure, including landscaping, have been approved in writing by the Board. The
Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design,
harmony with previously approved Structures on or about other Lots in the Property, location, or
consistency with this Declaration shall be absolute and enforceable in any court of competent
jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS, HOWEVER, SHALL NOT
CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE
BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR
APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES
AND REGULATIONS, AND EACH OWNER HEREBY RELEASES ANY AND ALL
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CLAIMS OR POSSIBLE CLAIMS AGAINST THE BOARD OR ANY OF THEM, AND
THEIR HEIRS, SUCCESSORS AND ASSIGNS, OF ANY NATURE WHATSOEVER,
BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES
OR REGULATIONS.
5.5 Minimum Size
5.5.1 Floor Area
The floor area of the main house constructed on any Lot, exclusive of open porches and
garages, shall be not less than: (a) 1,500 square feet for a dwelling containing a single level; and
(b) 1,800 square feet for a dwelling containing two levels. The Board shall have the discretion to
reduce minimum floor area requirements upon a showing of topographical or other physical
constraints which limit buildable area.
5.5.2 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.
5.6 Building Laws
All buildings or Structures shall be constructed in accordance with all applicable laws
and regulations of King County, Washington, the City of Renton, Washington, and any other
applicable codes.
5.7 Use Restrictions
5.7.1 Residential Use
The dwellings within the Structures are intended for, and restricted to, use as single
family residences only, on an ownership, rental or lease basis, and for social, recreational or
other reasonable activities normally incident to such use. The dwellings may also be used for
home business activities that do not involve signs, retail sales, frequent visits by customers,
clients or non-resident employees, or other activities that would detract from the residential
character of the Property. Notwithstanding the foregoing, Declarant may use dwellings it owns
as sales offices and models for sales of other Lots.
5.7.2 Maintenance of Buildings and Lots
Each Owner shall, at the Owner's sole expense, keep the interior and exterior of the
Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of .
rodents and pests, and in good order, condition and repair, and shall do all redecorating, painting,
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landscaping and maintenance at any time necessary to maintain the appearance and condition of
the Structure and the Lot.
5.7.3 Completion of Construction
Any Structure erected or placed on any Lot shall be completed as to external appearance
within nine (9) months from the date Construction is started. However, with good cause shown,
the Board may extend this term. All yards and landscaping must be completed no later than
thirty (30) days after the date of occupancy of the Structure. However, with good cause shown,
the Board may extend this term. All Lots shall be maintained in a neat and orderly condition
during Construction.
5.7.4 Signs
No sign of any kind shall be displayed to public view on or from any Lot without the
prior written consent of the Board, except for "For Rent" or "For Sale" signs in a form, and for a
period of time, not prohibited by any rules and regulations of the Board. This Section shall not
apply to the Declarant.
5.7.5 Animals
Animals, including horses, livestock, poultry, reptiles and pigs, shall not be kept on any
Lot, except that household pets not exceeding three (3) in number may be kept on a Lot. All
animal enclosures must be kept in a clean, neat and odor-free condition at all times. All animals
must be kept outside of the building setback areas. The Board may at any time require the
removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the
Board's determination, and.may exercise this authority for specific pets even though other pets-
are pennitted to remain. Notwithstanding anything set forth herein, all Owners shall comply
with all applicable governmental laws, codes, ordinances and regulations pertaining to animals.
5.7.6 Temporary Structures
No Structure of a temporary character, trailer, tent, shack, garage, barn or other
outbuilding shall be installed, placed or used on any Lot as a residence, either temporarily or
permanently.
5.7.7 Clothes Lines
No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of
any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots.
5.7.8 Radio and Television Aerials
Normal and customary television antennas, radio aerial and satellite receiving dishes of
less than one (1) meter in diameter, in all cases designed for residential neighborhood use, shall
be allowed to be erected or placed on any Lot so long as no part of such equipment is more than
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six (6) feet in height above the highest point (exclusive of chimneys) on the Structure upon
which it is erected. No rotary beams, separate towers or other similar devices shall be
Constructed on any Lot without the written approval ofthe Board. Except as installed by
Declarant, no other satellite receiving dishes or other such electronic receiving devices shall be
located on any Lot in a location that is visible from the adjoining homes, without the prior
written approval of the Board.
5.7.9 Trash Containers and Debris
All trash shall be placed in sanitary containers either buried or screened so as not to be
visible from adjoining Structures or streets or roadways. No Lot, Tract or any portion thereof
shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris
resulting from landscaping work or Construction shall not be dumped onto adjoining Lots, Tract
or streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a
clean, neat and sanitary condition and comply with any rules and regulations of the Board.
5.7.10 Offensive Activity
Except as otherwise provided in Section 5.7.1, no trade, craft, business, profession,
commercial or manufacturing enterprise or business or commercial activity of any kind,
including day schools, nurseries or church schools, spall be conducted or permitted on any Lot,
nor shall goods, equipment, vehicles or materials used in connection therewith, be kept, parked,
stored, dismantled or repaired outside of any Lot or on any street within the Property. No
noxious or offensive activity, including but not limited to the creation of excess levels of noise,
shall be carried on in any Lot, nor shall anything be done therein which may be or become an
annoyance or nuisance to other Owners or tenants.
5.7.11 Setbacks
All Structures shall comply with all applicable governmental laws, codes, ordinances and
regulations pertaining to setbacks. No building foundations are allowed beyond the required
setback line unless otherwise provided for by law.
5.7.12 Fences
All fences shall be 1" x 4" cedar construction or better and shall otherwise be constructed
in a good and workmanlike manner, shall be artistic in design and shall not detract from the
appearance of any adjacent Structures. In addition, the finished wood side of the fence shall face
the adjacent Lot(s). No fence shall exceed six (6) feet in height. No fence shall be allowed
within the front yard setback. All fences shall be set back at least ten (10) feet from the front
elevation of the residence as well as the front elevation of the garage and any portion thereof.
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5.7.13 Underground Utilities
All utility lines or wires located outside a dwelling unit shall be in conduits attached to
such units or underground.
5.7.14 Drainage
All building downspouts, footing drains and drains from all impervious surfaces,
including without limitation, patios and driveways, shall be connected to the approved permanent .
storm drain outlet as shown on the approved construction drawings on file with Renton
Development Services Division. This plan will be submitted with the application of any building
permit. All constructions of drains must be constructed and approved prior to final building
inspection approval.
Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted.
5.7.15 Damage
Any damage to streets, Plat improvements, entry structures, fences, landscaping,
mailboxes, lights and lighting standards by Owners, their guests, invitees, licensees, contractors,
agents or service personnel shall be repaired by such Owner, at such Owner's cost and expense,
within twelve (12) days from the occurrence of such damage.
5.7.16 Driveways
All driveways shall be concrete, or other Board approved material, from the edge of the
paved street to connect with the paved surface of the floor of the garage.
5.7.17 Landscaping
All front yards of Lots shall be landscaped primarily with grass sod from the edge of the
right-of-way to within ten (10) feet of the residence; provided, however, that within such front
yard areas may be located flower beds, paths and patio areas.
5.7.18 Mailboxes
A mailbox cluster has been installed and is accepted by the U.S. Postal Authorities and
has been located in those areas so designed by the U.S. Postal Department.
5.7.19 Compliance with Laws
This Plat is subject to the requirement of the City of Renton's Ordinance No. 4367, as
amended by Ordinance No. 4740 regarding the exercise of extreme care, when handling any
liquid other than water, to prevent contact of such liquid with the ground surface in order to
protect the City's drinking water.
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Notwithstanding anything to the contrary set forth herein, each owner and the
Association shall comply with the more restrictive of either (a) the terms and conditions of this
Declaration, or (b) the laws, codes, ordinances and regulations of any governmental entity having
jurisdiction.
5.8 Variances
The Board shall be empowered to grant variances with respect to the use restrictions
contained herein, provided that such variances shall not violate any applicable laws, codes,
ordinances and regulations of any governmental entity having jurisdiction, shall not be granted
on an arbitrary basis, and shall not unfairly discriminate between Owners.
Article 6
Higbpointe Division II Homeowners Association
6.1 Organization
The Highpointe Division II Homeowners Association is Washington non-profit
corporation. The Bylaws, Articles of Incorporation and this Declaration shall govern the affairs
of the Association.
6.2 Board of Directors
The affairs of the Association shall be governed by a Board of Directors (the "Board")
which shall be composed of one or more members, to be determined in the reasonable discretion
of the Association. The Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the Transition Date as defined in
Section 6.10. Subject to any specific requirements hereof, the Board shall have authority to
establish operating rules and procedures. In the event of death or resignation of any member or
members of the Board, the remaining member or members, if any, shall have full authority to
appoint a successor member or members. Members of the Board shall not be entitled to any
compensation for services performed pursuant to this Declaration.
6.3 Qualification for Membership
Each fee owner of a Lot (including Declarant) shall be a member of the Association and
shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has
been sold on contract, the contract purchaser shall exercise the rights of an Owner for purposes
of the Association and this Declaration, except as hereinafter limited, and shall be the voting
representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for
membership in the Association.
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6.4 Transfer of Membership
The Association membership of each Owner (including Declarant) shall be appurtenant
to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged,
hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and
then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the
Association to the new Owner.
6.5 Number of Votes
The total voting power of the Association at any given time shall equal the number of
Lots included within the Property at that time. The Owner or Owners of each Lot within the
Property shall be entitled to one vote. If a Person (including Declarant) owns more than one Lot,
he or she shall have the votes appertaining to each Lot owned.
6.6 Voting
If a Lot is owned by husband and wife and only one of them is at a meeting, the one who
is present will represent the marital community. The vote for a Lot must be cast as a single vote,
and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves
how their vote shall be cast, they shall lose their right to vote on the matter in question.
6.7 Pledged Votes
An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain
specific issues to a Mortgagee; provided, however, that if an Owner is in default under a
Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall
automatically be authorized to declare at any time thereafter that such Owner has pledged his
vote to the Mortgagee on all issues arising after such declaration and during the continuance of
the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of
the Mortgagee will be recognized on the issues that are subject to the pledge.
6.8 Annual and Special Meetings
Within the period commencing thirty (30) days before the Transition Date and ending
thirty (30) days after the Transition Date, there shall be a meeting of the members of the
Association and thereafter there shall be an annual meeting of the members of the Association in
the first quarter of each fiscal year at such reasonable place and time as may be designated by
written notice from the Board delivered to the Owners no less than thirty (30) days before the
meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect
by majority vote individuals to serve as Board members until a successor is elected at the next
annual meeting. Each Lot shall be entitled to one vote for each director and the voting for
directors shall be noncumulative. The financial statement for the preceding fiscal year (if any)
and the budget the Board has adopted for the pending fiscal year shall be presented at the annual
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meeting for the information of the members. Special meetings of the members of the
Association may be called at any time upon not less than fourteen (14) days' prior written notice
to all Owners, for the purpose of considering matters which require the approval of all or some of
the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or
designate a representative to attend the meetings of the Association.
6.9 Books and Records
The Board shall cause to be kept complete, detailed and accurate books and records of the
rec'eipts and expenditures (if any) of the Association, in a form that complies with generally
accepted accounting principles. The books and records, authorizations for payment of
expenditures, and all contracts, documents, papers and other records of the Association shall be
available for examination by the Owners, any Mortgagees, and the agents or attorneys of either
of them, during normal business hours and at any other reasonable time or times.
6.10 Transition Date
As noted above, Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the occurrence of the Transition
Date. The "Transition Date" shall be the earlier of: (a) the date designated by Declarant in a
written notice to the Owners, which date may be any date after this Declaration has been
recorded, or (b) the thirtieth (30th) day after Declarant has transferred to retail purchasers title to
all Lots. From and after the Transition Date, the then-current Owners of sixty percent (60%) of
the Lots in the Property shall have the power through a written instrument recorded in the real
property records of King County, Washington to restrict or eliminate any or all of the approval
powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the
Common Areas.
Article 7
Notices For All Purposes
All notices given under the provisions of this Declaration or rules or regulations of the
Association shall be in writing and may be delivered either personally or by mail. If delivery is
made by mail, the notice shall be deemed to have been delivered on the third (3rd) day of regular
mail delivery after a copy has been deposited in the U.S. mail, first class, postage prepaid,
. addressed to the Person entitled to such notice at the most recent address known to the Board.
Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may
be given to any Board member or, until the Transition Date mailed to Declarant at the following
address: KBS Development Corporation, 12320 NE 8th Street Ste #100, Bellevue, WA 98005.
The Board's address may be changed from time to time by the execution and recording of an
instrument in the real property records of King County, Washington which (a) refers to this
Declaration and this Article 7; and (b) sets forth the Board's new address.
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Article 8
Authority Of The Board
8.1 Adoption of Rules and Regulations
The Board is empowered to adopt, amend and revoke on behalf of thcAssociation
detailed administrative rules and regulations necessary or convenient from time to time to insure
compliance with the general gUidelines of this Declaration, to promote the comfortable use and
enjoyment of the Property and to govern the operation and procedures of the Association. The
rules and regulations may, without limitation, authorize voting by proxy or mail, or both, on
Association matters. The rules and regUlations of the Association shall be binding upon all
Owners and occupants and all other Persons claiming any interest in the Property.
8.2 Enforcement of Declaration, Etc.
The Board shall have the power to enforce the provisions of this Declaration, and the
rules and regulations of the Association for the benefit of the Association. The failure of any
Owner to comply with the provisions of this Declaration or the rules and regulations ofthe
Association will give rise to a cause of action in the Association (acting through the Board) and
any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is
brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or
regulations of the Association, the prevailing party shall be entitled to judgment against the other
party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the
Court.
8.3 Goods and Services
The Board shall acquire and pay for as common expenses of the Association all goods
and services reasonably necessary or convenient for the efficient and orderly maintenance of all
portions of the Common Areas not maintained by public utility companies or a governmental
entity. The goods and services shall include (by way of illustration and not limitation) utility
services for the Common Areas; policies of insurance; and maintenance, repair, landscaping,
gardening, and general upkeep of the Common Areas. The Board may hire such employees or
. agents as it considers necessary.
8.4 Protection of Common Areas
The Board may spend such funds and take such action as it may from time to time deem
necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to
be the best interests of the Association.
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Article 9
Budget And Assessment For Common Expenses
9.1 Fiscal Year; Preparation of Budget
The Board may adopt such fiscal year for the Association as it deems to be convenient.
Unless another year is ado·pted, the fiscal year will be the calendar year. As soon as the Board in
its discretion deems advisable, and prior to the expiration of each fiscal year thereafter, the Board
shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common
Area, the private easement areas, the landscape area and all other areas which the Association is
responsible to maintain. The Board shall then assess each Lot with its pro rata share of such
estimated costs, based upon the number of Lots then-within the Property and the appropriate
number of Lots required to share in such costs based on the beneficial interest of such Lots in the
Private Easements as described in the Plat and in this Declaration. The Board, at its election,
may require the Owners to pay the amount assessed in equal monthly or quarterly installments or
in a lump sum annual installment. The Board shall notify each Owner in writing at least ten (10)
days in advance of each assessment period of the amount of the assessment for said period,
which notice shall be accompanied by a copy of the budget upon which the assessment is based.
The assessments levied by the Board shall be used exclusively to promote the recreation, health,
safety and welfare of the Owners and for the improvement and maintenance of the Common
Areas and the Private Easement areas.
9.2 Certificate of Unpaid Assessments
Any failure by the Board or the Association to make the budget and assessments
hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed
a waiver or modification in any respect of the provisions of this Declaration, or a release of the
Owners from the obligation to pay assessments during that or any subsequent year, and the
assessment amount and payment method established for the preceding fiscal year (if any) shall
continue until a new assessment is established. Upon the request of any Owner or Mortgagee or
prospective Owner or prospective Mortgagee of a Lot, the Board will furnish a statement of the
amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive
upon the Board and the Association as to the amount of such indebtedness on the date of the
statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement in good
faith. All assessments and other receipts received by the Association shall belong to the
Association.
9.3 Date of Commencement of Annual Assessments
The annual assessments provided for herein shall commence as to all Lots at such time as
the Board in its absolute discretion deems advisable. The first annual assessment shall be
adjusted according to the number of months remaining in the fiscal year.
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Article 10
Lien And Collection Of Assessments
10.1 Assessments Are a Lien; Priority
All unpaid sums assessed by the Association for the share of the common expenses
chargeable to any Lot and any sums specially assessed to any Lot under the authority of this
Declaration shall constitute a lien on the Lot and all its appurtenances from the date the
assessment becomes due and until fully paid. The lien for such unpaid assessments shall be
subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all
sums unpaid on all First Mortgages of record, but; to the extent permitted by applicable law,
shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession
through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or
sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of
common expenses or assessments by the Association chargeable to the Lot which became due
before such possession, but will be liable for the common expenses and assessments that accrue
after the taking of possession. A Lot's past-due share of common expenses or assessments shall
become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or
foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots
owned by each of them. Notwithstanding any of the foregoing, however, the Owner and the real
estate contract purchaser shall continue to be personally liable for past due assessments as
provided in Section 10.3. For purposes of this Section, "Mortgage" does not include a real estate
contract and "Mortgagee" does not include the vendor or the assignee or designee of a vendor of
a real estate contract.
10.2 Lien May Be Foreclosed·
The lien for delinquent assessments may be foreclosed by suit by the Board, acting on
behalf of the Association, in like manner as the foreclosure of a mortgage of real property. The
Board, acting on behalf of the Association, shall have the power to bid on the Lot at the
foreclosure sale, and to acquire and hold, lease, mortgage and convey the same.
10.3 Assessments Are Personal Obligations
In addition to constituting a lien on the Lot, all sums assessed by the Association
chargeable to any Lot, together with interest, late charges, costs and attorneys' fees in the event
of delinquency, shall be the joint and several personal obligations of the Owner and any contract
purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal
judgment for any delinquent assessments shall be maintainable without foreclosing or waiving
the liens securing them.
10.4 Late Charges and Interest on Delinquent Assessments
The Board may from time to time establish late charges and a rate of interest to be
charged on assessments delinquent for a period of more than ten (10) days after the date when
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due. In the absence of another established, nonusurious rate, delinquent assessments shall bear
interest at the rate of twelve percent (12%) per annum. If an installment on an assessment
against a Lot is not paid when due, the Board may elect to declare the entire assessment against
the Lot fot the remainder of the fiscal year to be immediately due and payable.
10.5 Recovery of Attorneys' Fees and Costs
In any action to collect delinquent assessments, the Association shall be entitled to
recover a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in
connection therewith, whether or not a suit is commenced or prosecuted to judgment. In
addition, the Association shall be entitled to recover costs and reasonable attorney's fees if it
prevails on appeal or in the enforcement of a judgment.
10.6 Remedies Cumulative
The remedies provided herein are cumulative and the Board may pursue them, and any
other remedies which may be available under law although not expressed herein, either
concurrently or in any order.
Article 11
Failure Of Board To Insist On Strict Performance No Waiver
The failure of the Board in any instance to insist upon the strict compliance with this
Declaration or rules and regulations of the Association, or to exercise any right contained in such
documents, or to serve any notice or to institute any action, shall not be construed as a waiver or
a relinquishment for the future of any term, covenant, condition, or restriction. The receipt by
the Board of payment of any assessment from an Owner, with knowledge of any breach by the
Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be
effective unless expressed in writing and signed for the Board.
Article 12
Limitation Of Liability
So long as a Board member, or Association member, or Declarant has acted in good faith,
without willful or intentional misconduct, upon the basis of such information as is then possessed
by such Person, then no such Person shall be personally liable to any Owner, or to any other
Person, including the Association, for any damage, loss or prejudice suffered or claimed on
account of any act, omission, error or negligence of such Person; provided, that this Article shall
not apply where the consequences of such act, omission, error or negligence are covered by any
insurance actually obtained by the Board.
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Article 13
Indemnification
Each Board member and Declarant shall be indemnified by the Association against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in
connection with any proceeding to which such party may be a party, or in which such party may
become involved, by reason of holding or having held such position, or any settlement thereof,
whether or not such party holds such position at the time such expenses or liabilities are incurred,
except to the extent such expenses and liabilities are covered by insurance and except in such
cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the
performance of his or her duties; provided, that in the event of a settlement, the indemnification
shall apply only when the Board approves such settlement and reimbursement as being for the
best interests of the Association.
Article 14
Insurance
At such times as the Board deems appropriate, the Board shall cause the Association to
purchase and maintain as a common expense a policy or policies of insurance which the Board
deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance;
insurance, if available, for the protection of the Association's directors and representatives from
personal liability in the management of the Association's affairs; and such other insurance as the
Board deems advisable. The Board shall review the adequacy of the Association's insurance
coverage at least annually.
Article 15
Damage And Repair Of Damage To Property
In the event of any casualty, loss or other damage to the Common Area for which the
then-current assessments by the Board are insufficient to repair or restore, or for which there are
not insurance proceeds or insufficient insurance proceeds available to the Board for such
restoration or repair, the Board may make a special assessment against each Lot for its pro rata
share of the cost and expenses to repair and/or restore the Common Areas. The special
assessment shall be payable, at the determination of the Board, in either monthly or quarterly
installments or in a single lump sum amoUnt. The Board shall notify each Owner of any such
special assessment not less than twenty (20) days prior to the date such special assessment or the
first installment thereon is due and payable, which notice shall be accompanied by a reasonably
detailed statement of the Board's estimated costs and expenses of repairing and/or restoring the
Common Areas.
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Article 16
Amendments Of Declaration
16.1 Amendments of Declarant
Prior to the Transition Date, Declarant may amend this Declaration by an instrument in
writing filed and recorded in the Records of King County, Washington, without the approval of
any Owner or Mortgagee; provided, however, that (a) in the event that such amendment
materially alters or changes any Owner's right to the use and enjoyment of his Lot or the
Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such
amendment shall be valid only upon the written consent thereto by a majority in number of the
then-existing Owners affected thereby, or (b) in the event that such amendment would materially
and adversely affect the security, title and interest of any Mortgagee, such amendment shall be
valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner, by
acceptance of a deed or other conveyance of a Lot, agrees to be bound by such amendments as
are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant,
such Owner will consent to the amendment of this Declaration or any other instruments relating
to the Property (i) if such amendment is necessary to bring any provision hereof or thereof into
compliance or conformity with the provisions of any applicable governmental statute, rule or
regulation or any judicial determination which shall be in conflict therewith, (ii) if such
amendment is necessary to enable any reputable title insurance company to issue title insurance
coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required
by an institutional or governmental lender or purchaser of mortgage loans, including, for
example, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot
or other improvements subject to this Declaration, or (iv) if any such amendment is necessary to
enable any governmental agency or reputable private insurance company to insure Mortgages on
the Lots or other improvements subject to this Declaration.
16.2 Amendments'by Association
Any Owner may propose amendments to this Declaration to the Board. A majority of the
members of the Board may cause a proposed amendment to be submitted to the members of the
Association for their consideration. If an amendment is proposed by Owners of 20% or more of
the Lots, then, irrespective of whether the Board concurs in the proposed amendment, it shall be
submitted to the members of the Association for their consideration at their next regular or
special meeting for which timely notice may be given. Notice of a meeting at which an
amendment is to be considered shall include the text of the proposed amendment. Amendments
may be adopted at a meeting of the Association or by written consent of the requisite number of
Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a
meeting of the Association. The unanimous consent of all Owners shall be required for adoption
of either: (a) an amendment changing the voting power or portion of assessments appurtenant to
each Lot; or (b) an amendment of Section 5.7 or of this Article 16. All other amendments shall
be adopted if approved by the Owners of sixty percent (60%) of the Lots. Once an amendment
has been adopted by the Association, the amendment will become effective when a certificate of
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"
" '
the amendment, executed by a member of the Board, has been recorded in thereal property
records of King County, Washington. -
16.3 Amendments to Article 3
Notwithstanding the foregoing provisions regarding amendments, no amendment to this
Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in
Article 3 hereof shall become effective without the prior written consent of King County,
Washington, or the then-appropriate governmental entity with jurisdiction over such matters.
Article 17
Annexation And Subdivision
Residential property other than the Common Areas may be annexed or added to the
Property only with the consent of sixty percent (60%) of the Association. No Lot shall be
subdivided or combmed without the approval of all Owners. Notwithstanding the foregoing, no
Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby
ownership of any Lot shall be less than the 'area required for the use district of the Property.
Article 18
Duration
The covenants, conditions, and restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and be enforceable by the Owners, their respective
legal representatives, heirs, successors, and assigns, for a period of thirty (30) years from the date
this Declaration is recorded, after which time the covenants, conditions and restrictions shall. be
automatically extended for successive periods of ten (10) years each unless an instrument signed
by a majority of the then-Owners has been recorded agreeing to terminate the covenants, .
conditions and restrictions. Upon termination the assets of the Association shall be distributed as
set forth in the Articles of Incorporation. Notwithstanding the foregoing, no such termination
shall be effective so as to terminate the obligation of the Owners to maintain the Common Areas
as set forth in Article 3 hereof without the prior written consent of King County, Washington, or
the then-appropriate governmental entity with jurisdiction over such matters.
Article 19
Severability
The provisions of this Declaration shall be independent and severable, and the
unenforceability of anyone provision shall not affect the enforceability of any other provision.
Article 20
Effective Date
This Declaration shall be effective upon recording.
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Article 21
Assignment By Declarant
Declarant reserves the right to assign, transfer, sell, lease or rent all or any portion of the
Property and reserves the right to assign all or any of its rights, duties and obligations created
under this Declaration.
DATED as of the date first written above.
DECLARANT:
KBS III, LLC, a Washington limited liability
company (owner of Lot 8)
By: ________________________ __
Kolin B. Taylor, Member
By: __________________________ _
Robert W. Ruddell, Member
DONOGH CONSTRUCTION, INC.,
a Washington corporation (owner of Lots 4,5,
6, 7, 11, and 12)
By: ________________________ ___
Its: -------------------------
HIGHPOINTE DIVISION II
HOMEOWNERS ASSOCIATION, a
Washington nonprofit corporation
By: ________________________ ___
Its: --~---------------------
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BENCHMARK CONSTRUCTION LTD,
a Washington corporation (owner of Lots 2, 3,
9, and 10)
By: ________________________ ___
Its: ______________________ __
AMERICAN CLASSIC HOMES, LLC,
a Washington limited liability company
(owner of Lot 1)
By: ________________________ __
Its: ------------------------
Approved for the purposes of Section 16.3 only:
CITY OF RENTON
By: ________________________ ___
Its: -------------------------
21
Master Declaration of CC&Rs
,"
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this __ day of , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came Kolin B.
Taylor and Robert W. Ruddell, personally known or having presented satisfactory evidence to he
members of KBS III, LLC, the limited liability company that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument on behalf of said limited liability company.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
Print Name: __________ _
Notary Public in and for the
State of Washington, residing at
Expiration Date: _________ _
STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
THIS IS TO CERTIFY that on this __ day of , 2004, before me, a
Notary Public in and for the State of Washington, duly/commissioned and sworn, came
_____________ :, personally known or h~ving presented satisfactory
evidence to be the of BENCHMARK. CONSTRUCTION LTD,
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 on behalf
of said corporation.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
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Print Name: -------------Notary Public in and for the
State of Washington, residing at
Expiration Date: _________ _
22
Master Declaration of CC&Rs
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came·
,...--___________ ., personally known or having presented satisfactory evidence
to be the ofDONOGH CONSTRUCTION, INC., 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 on behalf of said corporation.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
Print Name: ----------------------Notary Public in and for the
State of Washington, residing at
Expiration Date: _________________ _
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of ,2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
_____________ , personally known or having presented satisfactory evidence
to be a member of AMERICAN CLASSIC HOMES, LLC, a Washington limited liability
company, the limited liability company that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute the said instrument.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
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Print Name: ----------------------Notary Public in and for the
State of Washington, residing at
Expiration Date: _________________ _
23
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· r
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this __ day of ,2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
_______________ , personally known or having presented satisfactory evidence to be
the of HIGH POINTE DIVISION II HOMEOWNERS
ASSOCIATION, the nonprofit 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 on behalf of said corporation.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
Print Name: __________ _
Notary Public in and for the
State of Washington, residing at
Expiration Date: _________ _
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this __ day of , 2004, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn, came
__________ , personally known or having presented satisfactory evidence to be
the of CITY OF RENTON, the municipal corporation that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said corporafion for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute the said instrument on behalf of said corporation.
WITNESS MY HAND and official seal the day and year in this certificate first above
written.
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Print Name: __________ _
Notary Public in and for the
State of Washington, residing at
Expiration Date: _________ _
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CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: March 25, 2004
TO: Sonja Fesser, Property Services
FROM: Nancy Weil, Development/Planning, x7289
SUBJECT: Highpointe I & II Lot Line Adjustment, File No. LUA-04-005, LLA
Attached is the most recent version of the above-referenced lot line adjustment.
If all Property Services concerns have been addressed and you are now able to
recommend recording of the mylar, please initial this memo below and return to me as
soon as possible.
However, if you have outstanding concerns or require additional information in order to
recommend recording, please let me know. Thank you.
Property Services approval:
Robert T. Mac Onie, Jr. PLS Date
Sonja J. Fesser Date
cc: Yellow File
H:\Division.s\Develop.ser\Dev&plan.ing\NKW\Lot Line Adjustments\LLAS\PLATMEMO.DOC
· K B S Development Corp.
Real Estate Development & Investment 12320 N.E. 8th Sr., Suite 100
Bellevue, WA 98005
(206) 623-7000
fi)fil ...... """
3-23-04
City of Renton
Development Services Division
Attn: Nancy Kreynus Weil
1055 South Grady Way
Renton, W A 98055
CITY OF RENTON
RECEIVED
MAR 232004
BUJLDING DIVISION
RE: Response to redline comments for Highpointe I & II lot line adjustment -
Project # LUA-04-005, LLA
Dear Mrs. Kreynus Weil,
Our surveyor has reviewed your comments regarding the above-referenced lot line adjustment
application. Please review the attached comment letter, together with the revised Lot Line
Adjustment maps. Also, I have some questions regarding Paragraph #12 and 14.
Thank you for your prompt attention to this matter. Please contact me at #206-261-2112 with
further questions, comments, or instructions.
Kathy Keolker-Wheeler, Mayor
February27, 2004
Stephen H. Woods
Centre Pointe Surveying
337019th Avenue S.
Federal Way, WA 98003
SUBJECT:
Dear Mr. Woods:
Higbpointe Lot Line Adjustment
Project No. LUA-04-005, LLA
CIT-AlF RENTON
Planning/BuildinglPublic Works Department
Gregg Zimmer'man P.E., Administrator
. The City of Renton has completed the initial review of your proposed lot line adjustment. The following
. changes will be necessary in order for the City to.approve your proposal:
1. Note the City of Renton· land use action nUmber and land record number, LUA-04-005-LLA and
LND-30-0276, respectively, in the spaces already provided ..
2. The S ~ comer of Sect ion 4 (noted in the map exhibit on Sheet 1 of2) is not City of Renton Mon
#1843. NOTE: The W% corner of said Section 4 is City of Renton Mon #369, '
. 3. Change the year currently noted under the, "APPROV ALS" block (2003) to 2004.
. '.: . : "..".
4. Cl)ange the reference from "BOUND.ARY LINE ADJUSTMENT' to l.OT LINE ADJUSTMENT
inthe "DECLARATION" block. '.
5. Note the': recording number for the plat of High pointe Diyision II (Rec:No. 20030905000018) in
the space provided in the legal descriptioll for Tract B (Sheet Jof2). Also note said recording
nUinber on the drawing in the 'spaces already provided (Sheet 20f2). '
6. See the attachment fora needed addition to one of the "ACKNOWLEDGEMENT' blocks. -. _. .' . .
7. Item No. 2 under "SURVEYOR'S NOTES" (Sheet 2 of2)refers to Chicago Tide Insurance Co.
title reports dated in 2002 and 2001. The current lot line adjustment submittal to the city includes
, copies oftitle reports dated January 2004 under Order Nos. 1117148 and 1117149. Please review
and use the mostcurr~nt title reports for references.
8. ' ,Note on the drawing that the Olympic Pipeline eaSement, per Rec.Nos. 5704032, 5850378 and
7301150404 is not sufficiently described to determine its exact location on the subject property.
Also note onthe drawing the agreement with the City of Seattl~ for use of the transmission line per
Rec. No. 20030214001681, and the Declaration Of Covenants, Conditions & Restrictions for
Highpoiilte Division II per Rec.No. 20030905000019.
9. The 15 'public sanitary sewer easement recording number (noted on Sheet 2 of 2) should end in
digits 386 (not 385). The 15' public water easement should end in digits 385 (not 386).
10. The first "ACKNOWLEDGEMENT' block {under the "DECLARATION" block), suggests that
Kolin Taylor, Robert Ruddell and Solomon A vzaradel will all be signing for KBS Devdopment
Corp. However, only Kolin Taylor is noted below the "DECLARATION' block as a signatory for
~ H:\Divlsion.S\De~~~~~hW,~l19g\~~ISIONS\REV04-005.DOC R E N TON * This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE
the Highpointe Division II Homeowners Association. Ifthe others are to sign the lot line
adjustment, they need signature lines noted under the "DECLARATION" BLOCK. If they are not
to sign, their names should be removed from said acknowledgement block. NOTE: Said
acknowledgement block should reference the Highpointe Division II Homeowners Association, not
KBS Development.
11. The second name listed under the "DECLARATION" block is Tom Steadman of Benchmark
Construction Ltd., but the second "ACKNOWLEDGEMENT' block references Home Street
Bank. Review and revise as needed.
12. Note that ![there are new easements, restrictive covenants or agreements to others (City of Renton,
etc.) as part of this lot line adjustment, they can be recorded concurrently with the lot line
adjustment. The lot line adjustment document and the associated document(s) should be given to
the Project Manager as a package. At the time of recording, the lot line adjustment will have the
fITst recording number. The recording number(s) for the associated document(s) will be referenced
on the lot line adjustment document.
13. The title line should be consistent with the recorded plats referencing plat title as Highpointe
(AKA Greenfield I) and Highpoint,eJJ!(A.':K':A.'Gree.9t\eld II).
".;, y ~" /'
.'f/ < ',-'~:' i"'C:,;"
14. Please draft a restrictive covenimtfor'Lots A;jB and C wwchptoQibits use of the easement area for
density calculation for anYfutW;e deveIop.ment of Divisidh I. 4icIud~ a note the covenant can not
be removed without apprhval of the City of Renton. ',' <,
Fee Review Comments:: ",,. ':·i':'~>.<\:; .• ;,; "
Lots within or affected by the lot line a~justme* at~fsubjec(to:t:pe city's special charges, if any. ,.' . c;~: {:.< "',0... ,¥~:::{~ '-
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Once the above changes have been made, pleasest;t~iPit tWo~cQpies oftlle revised lot line adjustment to me
at the sixth floor counter ofCiiy Hall. "The revisedfpi'aus wiii\~eroutedforfmaireview and you will be
notified when it is appropriate to submit the fmal mylars. Ify~u have any ques!ibns regarding your
application or the changes reques~ed lloov~, please contact me at (425) 43Q-7;?89.
" " ~, • • < , • .z~., c"
Sincerely,
Nancy Kreynus Weil
Associate Planner
cc: Curtis Schuster
Benchmark Construction LTD
Yellow file
,":; -".«,~f·'
H:\Division.s\Develop.ser\Dev&plan.ing\NKW\lot Line Adjustments\LLAS\REVISIONS\REV04-005.DOC
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
February 20, 2004
Nancy
Arneta Henninger X7298 ~
IDGHPOINTE 2 LLA 04-005
No code related or policy related objections to the LLA for water, sanitary sewer,
storm or street lighting.
However I reviewed the recorded final plat for Highpointe II. Note 5 on the face of
the Highpointe II plat states that Tract B is granted and conveyed to the
Highpointe II Homeowners Association. Tract B is labeled as Open Space on the
final plat drawing.
In addition, the Hearing Examiner's Report on Highpointe II Preliminary Plat note 7
under Conclusions (not under Recommendation though) discusses Tract B as
recreational open space.
It appears that if this LLA were approved then Tract B would be dissolved.
If you have any questions please call me.
Thank you!!
cc: Kayren K.
I:\memo.doc\cor
City of ~ n Department of Planning / Building / Public... ,I,s
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: f; rot 'Pre 1.1 e i' fi-o", COMMENTS DUE: FEBRUAFij';:~5,Iil!U~f* f? R ,., ~
APPLICATION NO: LUA04-005, LLA DATE CIRCULATED: FEBRUARy/i l)dlf'O:; ,!!J U;; D \~/
APPLICANT: KBS Development PROJECT MANAGER: Nancy weill fll
PROJECT TITLE: Highpointe & Highpointe Div. No.2 PLAN REVIEW: N/A IU U Ittl J] 2004 I
SITE AREA: 25,170 square feet BUILDING AREA (gross): N/A I ,." . .,.... --
LOCATION: 3722 NE 1ih Street WORK ORDER NO: 77209
L ,0';-," u'-t-,t~N IIjN
---!,RE OEf',\f'l ;'ldENT
SUMMARY OF PROPOSAL: The applicant is incorporating .179 acres known as Tract B of Highpointe II into lots # 4,5,6 of
Highpointe. The 7800 sf will be divided between to the three lots. No new lots are being created.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
iF" L::::1
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELA TED COMMENTS
articular attention to those areas in which we have expertise and have identified areas of probable impact or
eded to properly ass .. , thl' proposal. ;z/4;d(
Date
Rev, 10193
fR)J Dil L!2i
---~I
City ot.n Department of Planning / Building / PUbl.S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: 7\ov\ ''Rev; 01~0 COMMENTS DUE: FEBRUARY 25, 2004
APPLICATION NO: LUA04-005, LLA DATE CIRCULATED: FEBRUARY 11,2004
APPLICANT: KBS Development PROJECT MANAGER: Nancy Weil CITY OF RENTON
PROJECT TITLE: Highpointe & Highpointe Div. No.2 PLAN REVIEW: N/A RECtlVI:U
SITE AREA: 25,170 square feet BUILDING AREA (gross): N/A FEB 12,2004
LOCATION: 3722 NE 12th Street WORK ORDER NO: 77209 ,,... r\,\/'C:lnN
DU'L.LJI"~
SU MMARY OF PROPOSAL: The applicant is incorporating .179 acres known as Tract B of Highpointe II into lots # 4,5,6 of
Highpointe. The 7800 sf will be divided between to the three lots. No new lots are being created.
A_ ENVIRONMENTAL IMPACT (e_g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public SelVices
Energy/ Historic/Cultural
Natural Resources PreselVation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELA TED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whe/7 addition I information is needed to properly assess this proposal. ! f
It 'lLl O O~·
Signature of Director or Authoriz Date
Routing.doc Rev. 10/93
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
February 24, 2004
Nancy Weil
SonjaJ. Fesseri
Highpointe & Highpointe Div. No.2 Lot Line Adjustment,
LUA-04-005-LLA
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have
the following comments:
Comments for the Applicant:
Note the City of Renton land use action number and land record number, LUA-04-005-LLA and
LND-30-0276, respectively, in the spaces already provided.
The S 1,4 comer of Section 4 (noted in the map exhibit on Sheet 1 of 2) is not City of Renton Mon
#1843. NOTE: The W % comer of said Section 4 is City of Renton Man #369.
Change the year currently noted under the "APPROVALS" block (2003) to 2004.
Change the reference from "BOUNDARY LINE ADJUSTMENT" to LOT LINE
ADJUSTMENT in the "DECLARATION" block.
Note the recording number for the plat of Highpointe Division II (Rec. No. 20030905000018) in
the space provided in the legal description for Tract B (Sheet 1 of 2). Also note said recording
number on the drawing in the spaces already provided (Sheet 2 of 2).
See the attachment for a needed addition to one of the "ACKNOWLEDGEMENT" blocks.
Item No.2 under "SURVEYOR'S NOTES" (Sheet 2 of 2) refers to Chicago Title Insurance Co.
title reports dated in 2002 and 2001. The current lot line adjustment submittal to the city includes
copies of title reports dated January 2004 under Order Nos. 1117148 and 1117149. Please review
and use the most current title reports for references.
\H:\Fiie Sys\LND -Land Subdivision & Surveying Records\LND-30 -City of Renton Lot Line Adjustrnents\0276\RV0402i8.doc
February 24, 2004
Page 2
Note on the drawing that the Olympic Pipeline easement, per Rec. Nos. 5704032, 5850378 and
7301150404 is not sufficiently described to determine its exact location on the subject property.
Also note on the drawing the agreement with the City of Seattle for use of the transmission line
per Rec. No. 20030214001681, and the Declaration of Covenants, Conditions & Restrictions for
Highpointe Division II per Rec. No. 20030905000019.
The 15' public sanitary sewer easement recording number (noted on Sheet 2 of 2) should end in
digits 386 (not 385). The 15' public water easement should end in digits 385 (not 386).
The first "ACKNOWLEDGEMENT" block (under the "DECLARATION" block), suggests that
Kolin Taylor, Robert Ruddell and Solomon A vzaradel will all be signing for KBS Development
Corp. However, only Kolin Taylor is noted below the "DECLARATION" block as a signatory
for the Highpointe Division II Homeowners Association. If the others are to sign the lot line
adjustment, they need signature lines noted under the "DECLARATION" BLOCK. If they are
not to sign, their names should be removed from said acknowledgement block. NOTE: Said
acknowledgement block should reference the Highpointe Division II Homeowners Association,
not KBS Development.
The second name listed under the "DECLARATION" block is Tom Steadman of Benchmark
Construction Ltd., but the second "ACKNOWLEDGEMENT" block references Home Street
Bank. Review and revise as needed.
Note that !tthere are new easements, restrictive covenants or agreements to others (City of
Renton, etc.) as part of this lot line adjustment, they can be recorded concurrently with the lot line
adjustment. The lot line adjustment document and the associated document(s) should be given to
the Project Manager as a package. At the time of recording, the lot line adjustment will have the
first recording number. The recording number(s) for the associated document(s) will be
referenced on the lot line adjustment document.
Fee Review Comments:
Lots within or affected by the lot line adjustment are subject to the city's special charges, if any.
H:\File Sys\LND -Land Subdivision & Surveying Records\LND-30 -City of Renton Lot Line Adjustments\0276\RV040218.doc\cor
City Of.n Department of Planning / Building / PUb.S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 25, 2004
APPLICATION NO: LUA04-005, LLA DATE CIRCULATED: FEBRUARY 11,2004
APPLICANT: KBS Develo ment PROJECT MANAGER: Nanc Weil
h ointe Div. No.2 PLAN REVIEW: N/A
SITE AREA: 25,170 s uare feet BUILDING AREA ross): N/A
LOCATION: 3722 NE 12th Street WORK ORDER NO: 77209
SUMMARY OF PROPOSAL: The applicant is incorporating .179 acres known as Tract B of Highpointe II into lots # 4,5,6 of
Highpointe. The 7800 sf will be divided between to the three lots. No new lots are being created.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Liaht/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
We have reviewed this application with panicular attention to those areas in which we have expenise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
Signature of Director or Authorized Representative
Routing.doc
Date
Rev. 10193
From:
To:
Date:
Subject:
Curtis
NancyWeH
battlecat
04/16/200410:50:48 AM
Re: Renton LLA04-005, Highpointe Division II Restated CC&R's
I've attached the letter I sent to Stephen Woods.
I received a response from the City Attorney yesterday so I included his comment reflected in Item #2.
Regarding the conveyance, I am trying to get back with the City Attorney or confirm with our Property
Services Division as to what kind of deed the city would accept, in order to further clarify for you.
I understand your time concern with the scheduled closing of a lot in Highpointe. We wish to
accommodate your project and are ready to review the required convenient and conveyance as soon as
you can have them submitted.
Please contact me with any questions.
NancyWeil
Associate Planner
City of Renton Development Services
425-430-7289
nweil@ci.renton.wa.us
>>> "battlecat" <battlecat@email.msn.com> 03/31/2004 5:51 :58 PM »>
Nancy,
Please review the following language that I believe will be adequate as a note on the face of the Lot Line
Adjustment mylars:
"RESTRICTIVE COVENANT:
The easement shown hereon shall not be used in any density calculation related to the future
development of Lots A, B or C". I will be sending you an electronic copy of the restated CC&R's for
Highpointe Division II very soon. Thanks for your help, Curtis
P
From:
To:
Date:
"battlecat" <battlecat@email.msn.com>
<nweil@ci.renton.wa.us>
.03/31/20045:52:30 PM
Subject: Renton LLA04-005, Highpointe Division" Restated CC&R's
Nancy,
Please review the following language that I believe will be adequate as a note on the face of the Lot Line
Adjustment mylars:
"RESTRICTIVE COVENANT:
The easement shown hereon shall not be used in any density calculation related to the future
development of Lots A, B or CIt. I will be sending you an electronic copy of the restated CC&R's for
Highpointe Division" very soon. Thanks for your help, Curtis
){'C)~ .~~ \C.c'or~ l, 'b? ~ LL~
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CITY OF RENTON
Planning/Building/Public Works
MEMORANDUM
DATE: April 9, 2004
TO: Larry Warren, City Attorney
FROM: Nancy Weil, Associate Planner x7289
SUBJECT: Highpointe I & II Lot Line Adjustment, File No. LUA04-005, LLA
A request for a lot line adjustment involving two separately recorded subdivisions, Divisions I
and II of Highpointe is currently under Planning review. The lot line adjustment (LLA)
involves an Open Space Tract B in Division II to be incorporated into three lots (lots 4, 5, and
6) in Division I.
Tract B was designated as Open Space and granted to the Highponite II Home Owners
Association (HOA) as stated in the Plat notes. With the proposed LLA, this tract will be
removed completely from Division II. The applicant has submitted a copy of the restated
covenants for the Highpointe II Home Owners Association removing their responsibility
and/or rights to that Tract.
I would appreciate your assistance in two matters. First, if you would review the enclosed
copy of the restated covenants for HOA II.
Secondly, I have enclosed a copy of the Plat note on the recorded plat of Highpointe II
referencing the Tract B (#5). My concern is whether this note should be revised on the
recorded subdivision plat or will the Lot Line Adjustment plat and amended HOA covenants
suffice?
Your review of the restated HOA document and the Plat note as well any additional concerns
you may foresee would be greatly appreciated. If any further information is required, please
contact me at 425-430-7289. I await your timely response.
Thank you!
CITY OF RENTON
MEMORANDUM
DATE: April 7, 2004
TO: Sonja J. Fresser, Property Services
FROM: Nancy Weil, DevelopmenUPlanning, x7289
SUBJECT: Highpointe I & " Lot Line Adjustment, File No. LUA-04-005, LLA
Forwarded for your review, restated Home Owners Covenants for the above referenced
lot line adjustment.
Please review and comment regarding Property Services concerns of these revisions
per our conversation.
Thank you.
cc: Yellow file
H:\Oivision.s\Oevelop.ser\Oev&plan.ing\NKW\Lot Line Adjustments\LLAS\OECMEMO.OOC
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.' adJustriient,t1tey:nee<;lsigna~e lines noted.under th'e~"D~CLARA TIq~rBL()ck.: If they are not,~ .':. -
._ to sign, -t~eit ~iurie~'siiouldJ:>e'femove'd fr,~ll:i ~a,id-ac~owledgeinent"bloCk:' NOTE: 'S~id, :~. ',. -. _ . '-_:::. '.' -
. .acknoWle"dgemen(block,should reference,the Highpoinfe D.ivision II ijomeowilers ASso,ciation;not; ._ -KBS Develop~ent. - - . --. ., .. --. ': . . . --. .
' .. '" '. -. . ~ ~@·~~s~~on.~ii~e I~~trd unde~ 'th~:';p~,CLARA ;IQN~'.,~~O~k·iS. ;o~.·~t~a~~.~i ~en~~~k'l .'
" :ConstructlOn -Ltd.; but the, second "ACKNOWLEDGEMENT" block references Home Street ".B~ .. R¢Yiewan~ r~yiseas~eeded. .' "':.' :.~'> .~:: :.<'; .: '<'. ..... .': .. :"': ,'.
12: . N ot~:th:t ~ fhe;~~e ~e~~a~~inenis:' restri~ti~e : cove~iuits 'oia~e~~~~t~ t~: bilier~' (CttY: ~f~e~to~, -...
. ,etc:) as part, of this l~t'lipe <l:~jiIstffient, they can,be recorded c~mciiITently 'Yith~the'lot line-:.'-· . _ ,
'.;
\,. • ,.,'; f ,-. adjustinent. The .lot line adjustIDent'do:cument and the associate~ document(s),should:be'given to--:. ' '. -:."'-
"
;"." ,':th'e Project: Manager as a package'. At the tiille of~ecording;theJot)me' adjustment .will have the .: . : :. -
, :: fust reco-rdmg-number: th~reccirding' riumb~r(s) for th'ecassociah:d 'documen~( s) wil1.:b~' referen_c.ect:, ! . ' "
c ,
,'. . .. ~, . , " . on' the Iodine adjustment docume.nt.· . ~_:, '.-: :'-'. " _ .'.. -.-.-:<. ". .'.. .. : ".', ". ''':'' . .'
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. i, . ....' (G)' The title iiIi_e sho~ld be~corisi~tent -witll ~e recorded phit~ referencing plat'title a~ Hi~po~t~· .' '."
. ,/"~ -'. ,
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\: \ .' ~. ;"". (A.K.A· 'Gree~field~I) ail-d· Hignp·olnt~;Il.(A!K.\A;Gre~lJ-field-. 11).,,-. .~.
:-""'.' -_ <', .-?:. '. . ::,_'/"~,';>~.4~$£~:·lf< .. :· .. -"<~':(:::"" . _.;: . ' .. : ... , ':-.' . ' .. ' :~:-_ .
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.'
_14';' Please' draft a restrictive.covehant)for)LotsA~;Band' C whidLp~6hibits use of the -eiisement.area· for·' . -_.. . ',<,' ~ : .. ,:.,;. ~""-,....'.," ," I . -,~/-,\ r' ,'. ' , • -~. :' •• -.
"" _. . density:.caIculati~n'forany;'futw:~ Qevel<?R~eJ?t'ofDivision I. ~c~!ld(~.a'note·the covenant can nqt ., ."--,'.' .. ,
. {.,
. ", . . be ,removed without approval of the .GitY of Renton. "". :>;~(/--}, ".1.;', ',,' ':.' . '. .-
. ,'. ~,,'" ".' F~~· .. Revl~w c~~e~i~: _~: ::-' "lY:~:'>~~{"/><;,:~:~:: :?,:::!2~::'~"¥'; ,;'~: ~_ :, ><\~:4.:;~:'>~~\~; •. ::. ' .• '~..' "~: -:." ..
_.' Lots with.in or affect~d byth~~lpt linea,?jus~fn~~~~u}>{~~t;.~?'J~jci~~~,sl2~~i~I~~ar~~s" if~y;' .... ,:',' , .
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.' On~e tlie .above ~himges liav~;~~en mad.e,\ please;sj.lQ_rhiHW<b;SOpies of ~l,i'ereviseq~lot lipe. i@ustIn!,!nt~o rpe,
<, . ':;" at the"si~th floor counter of City HalL.:J1ierevi~edpi~s wilL~e:route4' for fmarieview imj:l'you willl:!e ..
.'"" " notifie'd ,:"he,nids' approprhlte'to.sl}bfuit .Vi~tmal_mYlarS: Ify6u.h.ay:e:'![lYJ.qUe~J,i~ms,I'egar~ing yoUr -~:' ,<
.. '. :,',:.applica~ion or the changesreques!~c;l !lbO~e".please:cont~c,t in~<:itJ425X43.0:-7.289. ~ '., . " ..•. ,'" :;'S~c~;:i~;: ':,' '.:: '-:". '. <;,\,-•. ;~~!:~~::,:"" -"'.'" .,cr:-',; ~'::< .. ~"?/);::?~" ' .. -' -~-_ :: ;:.,-7: , .. :;, ~. >
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UI" I n1::' UA Y Ut-.(-2667,-BEFORE ME. THE UNDERSIGNED. A NOTARY PUBLIC IN AND FOR -. ~E STATE UF--WA-sHINGTON . . DULY COMM IONED AND SWORN. PERSONALLY APPb,dED KOLIN B. TAYLOR.
ROBERT W. RUDDELL. AND SOLOMON V. AVZARADEL
PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE
THE PRESIDENT. THE SECRETARY AND THE TREASURER. OF KBS DEVELOPMENT CORPORATION.
THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USES AND THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT THEY ARE AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN.
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. RESIDING IN _________ __
MY COMMISSION EXPIRES:
PRINT NOTARY NAME
ACKNOWLEDGEMENT:
STATE OF WASHINGTON ) ) SS
COUNTY OF )
".--,>;.,-
ON THIS DAY OF ' . ,204 'BEFORE ME.
THE UNDERSIGNED. A NOTARY PUBLIC IN AND FOR THE STATE OF·-WASHINGTON.
DULY COMMISSIONED AND SWORN. PERSONALLY APPEARED TO ME PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO
BE THE OF HOME STREET BANK. THE CORPORATION THAT EXECUTED
THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT T~~ BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USE ~
THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE WAS ---AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS
CERTIFICATE ABOVE WRITTEN.
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. RESIDING IN ________ __
MY COMMISSION EXPIRES:
PRINT NOTARY NAME
RECORDING CERTIFICATE:
Recording No. ____________________________ ~~---
Filed for record this ____ day of ______ --...... _~t
_.M. in book __ of SUrveys at page __ at the request of
Stephen H Woods
Manager Superintendent of Records
LAND SURVI
This map correctly repre
direction in conformance
Act at the request of KB
. i/""',. "'; .. ' 0 JIm)..,DIG JOt ] ( .. unn:/P"".~
.. ,.,f ,,:.'/. ..::.' ...... "..... RIG RPO INTEl" ;lOt
.i.'· ,,:' ,:: I .:::. (A.K.A. GREENFIELD I) \ • .. ::.' ,/ ,/ . .:.0' Land Use Action No. LUA-Ol-114-SHPL-H LlJA-Ol-1l4 . .'. . .... ..' Land Record No LND-20-0297 0 01'" o=)~" ,Tr:.-01 LND-20-0297 ... .... ..... .... • rll"n, ViI '4 I L-II .. ," .: ,'.:'. " (.t..JU.. GREEtFEl.O U)
.,' ,{ ,/' ~ ,~ .. ': .:: •••• : •••.•. :. ~~~t~o~t~e2~~. PRELW-JARY PLAT
f!;,\,.. ;t", .. ,.,./ .,., .. ,,>:~:'//.': :~r'~::'I;'-"'" '}. 122.9.' S· wo.d 'en.. NB9'00'~3'W 2:~I~Pum;'~ \
J 0.3' E "
.(
0." ~
.. "~,,.. ,I":' t·.· ;.' ': .............. ".. . 0 I I I "ater easement .... , .. ' . . '.' .' " ..... fO I I
• ~Oo, •• ~. ..<::... .J.:':' ~ ./.::/. .::: .. :::> .. ,,",:' ..... 7'-'\, "'>~'amll""/""''''''~. ,~I/. I II2lIIl
15' wo6b ·fanc .. ,.' '.--: --32":'83' " ---\-T
5' Private storm dra 1nage easement
LEGEND:
q, • Monument found 8S noted, Visited August 7, 2001.
• • Set ,. e.bse with y.llow plastiC cap stamp.d • 22338/38965'.
.:.:: I_ .,' .:' .... ....67.0 SQ;: Ft. :: ,,' .. )'" t 1 I ........ ",,· 6 - - - - -f. ...... j ::. t ;f·o.I:>~ /' '~;'}' )~ H,,/""'i l' t"", .. g~igoS~i: Ft.
.11' "'. .,...... ,to· Pr~ .. ~t •• tor .... :1' § I I " .... : .• ,.<1 :<,
\
\ ~
)( • Set "X· in brass disk in 4" X 4" concrete post
1n monument case,
IU&! -Address Number
( , ~.-~ !).h.'<f.~ (<.78' .:t
// ::
'11 "::. ..,'·dr.ln!\ll" •••• m""'t~ I ~I :';'" .{. .t~· ", .' ,-." "'1' I '1' ", (,0 · .. ·' .. , •.. S89:~0·?3-'E 122.1.1" ,}" ", I ! ;/' .".,··,· ... ,,: .. ·S89.00.23-E 118.91' PLAT NOTES:
.:1S' PUbl~;:;;;-I1 .:' li:.L "1"r~: ~?I,," Prh8~e' 96 69' .\ U The monument control shown for this site W8S accompliShed .. :·Sewer ,esement I.~ 1'\ "hawsy ~nd' .' " 22.22'" bI field trayerse utiliZing 8 one (U second theodolite :'':'" .... : l:t: 18 ~~)' I . ..,t:;t1lity .jasement ._"~~""" "';::. w th integral electroniC distance measurina meter
N 8 ............. / :f'1 0 iinl I 1 : .. ~ .:':.:"' .~~~'..... . .... : .... :.. ~.~ :.~~). .: :1' d~~g~im~~:1tra~~n;ngy:~:~ ~a~~) ~ln~T~~!~ ~n~K~n6uf~~t1C ~ 60905 Ft ...,..::.:.w ~'~i I .• ·.flcu~ :.' .::' ·:·8.CD~i,!: '':::. . closure of the trayerses meet the standards of WAC til -0 0 1.0 QAC' . ...~. , 1 , • .1..... I,.·f .. " .. .'. .:: ."-"'. :··N .... '\9.~ ·"· .. f 332-130-090. _ . . ... J. ~ 'u IIOUI ..... \ ." ..•• .: .., ".Wi:· . ~ rmn r·r .. fi-::LJ -;:. I I!:.~· ... ~. . .... ·· .. ·5 .::'q.. .:::"O~~ "'::: ... c: . 2) Full reliance for legal descriptions and recorded ~ I 10' Private II ~ I.:: .... I 1~'~3 :::: .~:',' ····:II~·;·· 1D~.~..,fA ... t ~ ~ ~~~~:e~t'i~i:eI~:~~B~~:c~~mO~n~h~o~~~~~e~~Pg~~e~r~~. ~ Sawer e.ysement II' 1 g ···~.:t'oJt:: ;1 5960 Sq. Ft. ~'O"i~ .:=-.iR' ............. \,:. 10056eO. dated uul~. 16. 200~. No 8dd1t~on8l research ;.. '''':,. to Lot . , u: lori' '1~11l!l .:. .: ... ~:.AC .,'" ,,~' .,' ~ "n~p b •• n .ttempt.\'!. "". ~ ,i' s~':~o;l!a-,E 121 36' : I' g i'" 'I T "::::.. . "':";'" .. /." ~%~~'P\\ :.( .... ~ ,·· .. ·· .. ;Jl o;·~'a.at dlm.nsl~{ 'ho~:lh.e.on .ee m •• sure~ p.ep.n~lcul.e
en .,: 5136' ' .. ". : . z, I ...... :, .SB9·00·2~"I! 119 .• 67' ~.,.. .. ...... ~." :;': to p'i'!'p.ety V·s. /
I
..... \':;: 70.00 I' TI 6600' ""-. . ... ,: 42 oS' ,~. i2 50' ::; ...... , ... ." Th. #,tlcl.,"ot In"oi-poe.t!on for Gre.nfleld Homeownees' .," .":.... I . 0 ,) '.. ..' ". AUqtlStlOrt .ee o~('flle with the Stet. of W.shlngton In ,..... . ......... '::::" --:::--r---------I .L __ Ll-_________ "'"'_ :::..... .:',' .. { •.. 8·····~.: Ol.yinp1e. ,.litBshlng~.a'h. The Greenfield Homeowners' '.\ .,':. '.~ I I I I I r ':"'~~ :~ \ .'. z -\. .t.elloclat;ion 1& ~poNered to maintain common property and /. -::. i~ ii "o.6()..:.... +-I 1 • .;,: •. : ............ -' •• hCll.!-t'S'es and.,i;harge fees to homeow,:,ers for malntenance • . ~1 .".:.:1 •. :)' :~:' ~~~v:~!~a~~d II 1 I 1 '::::. ../ .. ond "~ er l~~q.·ag,..eements with the Clty of Renton .
• ... ..... ;.. . ..--.~~ ... " ,.;.. 0 .)' utility •••• m.nt~ I 4 . ., ...... , .. '" ".r ... " .... .. .. ~ ... ,.". : .. .'". :," ~ / , .... --.. "~ , , g I rz:I 'I ~ 4 \ "! ··\,.(i~·, .. :'DRAlNAG~ EASEMENT RESTRICTIONS 1 ~.",.;'. .1 ..... ,. • ..• ,0 :ii, .. ", ......" 0 i:Z: : I IWBJ g g~i~2S~i: Ft. ill ~_g~ St~·ctuee •• ,·"flil. oe ob_teuctlon_ (including but not limited ~!,-,~·+~'lo.""''1A~... .. -: ....... ~ 1 ;: .. ~ :.::: .'."'2 '::": : en 1 ~ I I 15' Public ~ ~~~~i; ~:~~t~~~:g:~~~~· t~~tg~:1~1~~S9a~~8~kel~~~g~~ :~~~~n n~~ebe
I ":' •• 0 .4560 Sq Ft' ~.' .......... :: I, _ < I! Weter easement ...... () ~ dralnagl!' ea8ements. Additionally. gradlng and construction of .. ' 0 105 AD' . .... ..\'. 6300:'Sq. Ft(·: ......--Rec. No.!'" .... ;-fenclng ahall not be allowed Nith1n the drainage easements .:: .... ,\ "._ •.. ~ ~ \.: O. ~.45 AC •• ,: I I ...... ~ i,'8 ..... ' I .&,3974' •• '''. 01 ,----~1.:~~. shown on this short plat map unless otherN)Se approved by the • \ ...... _.. :8 :1~ ... :.:\. ..::=-' .•. ~('f· :;:; I 0 ·I··i.... 3 ~ .... ! c,~ City of Renton. ~ ·z..···· .. " . I J 'I' . 0 0" --'~ I~ ".:. ..·'0 ... ·'· .,>" ,:,.. " jl ~ 1 I !;~.o SQ •• ~t. Z .. N :c BASIS OF BEARING' -g ".: • •. , ...... ' .. :~ I I "...... I : I I ~:136 ~~., .........s~ ,
II ' """ 25 Publ!~.o· ." '1" § I "".' I:: .:' ;: ~,; Teu. Noeth. 8.sed upon GIOb.1 Positioning System CGPS) . ·"SIlYA.~ PIMle'ment ,': ~. +-(Ii," 26· ... "Prhat':"·.. .., Lambert Grid Washington State North Zone coordinates. A III (37D%J Rec. NO.:IMap?PPP/" :1 I L! ~r,'i"yew8Y and .:.,: '., :~. convergence anQle of 0 '59·56.B22" counter-clockN1S8 W88
lIr. azmj.: . J]'... J!' ;-r--'It:'ll1ty lIt'dsement .:' .:.... Wo6ol ~ applied at an X" set ln a 3" diameter bras8 disk in 8
.5: E' , ':::. I r:{:~·I:.;....: ... : -::---1~ .:,,:' .;.,-:-:: .... :. .q \ ~~~~:~n!n~a:~n~~e t~:e~~~eN~~~~~~~t~f ~g~~~:~~ti~2t~e
________ -0 •• H 50.00 70.00' .:...... II 1 I'~' :.:' k\ .:,:' .,'. :.: ~ N sDuth quarter corner of Section 4. TONnship 23 North. -'.' ," I.. j'66.00.... :' .:' 5!5 • ..()3·........ Range 5 East of the W111emette Meridi8n. The North
I I. Ig
10 I'"
S89'00'23'E 241'.03'"'' / ii. ,;: .:" .. ':' .. ... :. !~~~l~~~n~e~~mb~f 1~~~5~~§~~ ngo~%~~k2ae!~ i~~~d~~!~~~ . ';. . .,.......... .:' :'" .. ' .\ ':·1 ...• The lnYerse of bath the see leyel correction fector of :;: 8' ':. .... .: :: . ,..... ;;t···\ .. ·· .. 0.99998 •• 5 •• nd the geid sc.le factoe of 0.999999.2~ w._
~.,. 1312.79· ••• J ..... ~."", '-.. ···C~_ ' .. South 1/4 corner of
L ·:·..... . ... ,.~.;. :.:' .::' ... :',' o.:~ . I '~'pl1ed to the grid coordinates for shown ground distances.
___ 1l_9 .. 5_5_' __ . ___ . ___ .. _ .• ~ ..... . ....... <." .... /-'" /·'::~I.~r··/" .. .=:::.'T .. :.'<:~}:.. tti7';i:,,_,:~ ... -~"""'"''':'''''
--·~"':--:.:'.i~· ... : .. i· .~.,* ..... ".. TOTAL .. ACREAGE:
Sect 10n 4. TONnahlp (,
23N. R.nge 5E. '" found tack 1n lead 1n concrete. lncased
IN)EWr,lIF'Y ANO HCl..O OFFICIALS. EMPLOYEES ""., ~~~I"'" HIS PUT. :T ANY DEnUL T TURE FOR DR STORM _E OF THE 11£ ITS
2.1.03'
S89 '00' 23'E 2825.58'
Northeast 12th Street
20 '0 ; I
SCALE:
1" 20'
:.: ......... :{,:. ~~~~~:~s~. c~~~~~ ~.:.:: .. :::;;::: 1:~:79 ~t~·e~:····: .. : ..
r'1 ~~~or}~u,,~a~y~'5 with .~~\' .::......... .il ./' .~.:,~"... ..... : ..
punci;.:".:i.~a8ed:.~ :';" ''':''. ':'.:".;\' .. :: ..... ~:~
~centre 33839 ·9th.A .. nU8 South "~'-'S':'E SE'i"04 ~3N Federal ... .,. .... .,A. 98003 •• ' .:' -.1"
P . (253) e61!i1901., .. -·........... .,' .,' .,' '.,. - -omte :.'. KBS .tlivelop.~';t Coel?!'r.tlon . .',. I I'
S . ::..... 12~O NE 8t!r.'Street .. :' Suite .,..r~0 ~":',:,,':: t urveymg . ·:,p.,,]] •• ue •. l'~ 9809:3 ;) . '
KING COUNTYr::"'WASHlNGTOW" !
... " 'j SHEET 2 OF ";g .. 182.
S WOODS
II "'sech II. IB2~ .)~. 1-• 20'
..·'· ... .;i
..
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.: . .: ... : .. ::'.:. -::'., .,' HIGHPOINTE ~~ NO. J [ wwn~~1 ~
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.... ::.;;,l"':' ,/',:'::: ... , •..... ,.
(A K A GREENFIELD I)
Land Use Action No. LUA-Ol-114-SHPL-H
Land Record No. LND-20-0297
A PORTION OF THE SE 1/4 OF THE SE 1/4 SEC. 04, TWP . 23N., RNG. 5E .• W.M.
CITY OF RENTON. KING COUNTY. WASHINGTON DECLA~ATI6N: ,.'~.: ... -.......... .
.0"" ) .. : ....... ':. 33 East 1/~ corner Of
KNDM AlL ~E B'!:"'rHESE PRE~¥r~ THAT WE. THE~RSI6NED OtCNERS OF THE LANJ HEREIN r-. North 1/4 corner of section ... Township DESCRI~(J""Do tERfBV MAKE A.'.$HOIU _IYISION THp.EDF FUaJANT TO RCW 58.17.060 AND .... t 1/4 corner of .. C\I Section" Township ~~Rang~l5f' t_"
ILl 40-..
LUA-Ol-114
UlJ)-20-0297
. Stgt( PLA.' I~~DE IUT~:.Tt£ FREE ~NT IN !t'iTNESS ~.v:6F ME M~5"~~ OUR HANDS §~,.=~a:l=-with g found tack 1n lead ~~ ~!:.~~~Ion ....... ~ SEALS. " :: .:: :. .,." • .... 'JC:""trI'tllMM1.. Pl S"MonulMlnt 11325 •
AND ~AAE THIS SHORT PlJr'r TO BE 'fflE BRAPHIC AEPReSENt.\T1Qt\1;If SAME. AND THAT SAID section .. TOWftllhlPY 23M. Range fiE. 8.8 a a •
. ,' .... ..:. ::.... ';. ,oClty.f Oo.'cio·;I'369 N S89'19'27"E 5190.24' I J:OS; II :: .... .... .,'" ""'. :'. . .", ~, · ---------4' F--:-1 .' ., .: WITHIN .-;HIE· .... T •• ",..'· ... ..iii·oFM TIE IfiHEFlIiO""" .... 1 . \ 1306.05' I 1306";;;:-'-• • B~A~~ ON~~~'1'~g mv~r.r-~~ '.-C •••••• ~ ... ~ ... :. .'
OR WAN; IVISIOtriHEAEOF .. THIS COVE~T S}jALL ........ cD' 'tJo' I"' J o TH~~'SHOAT :!'-AT.·.. "'i: ....,.... ~ .. f~ .~o.::: .. :. . CI! N ·1 .•••• " '.' .' 1Il •• ~ I . ·1' ''j, '" I'" "! :.. ~~ 0:. .~' "'~'o ~1ij NO ,il i;!JIf. .::: ""'" "f I ~"" /' !;; I·" ;;; I'" t1 '. .~~"~ ... :~. ....... re .... ~
". ,I' ,t.; C'" 5 eg'09'54'E +. 261383' I ~ ......... ': ..... l·:-17~--·--·--·--· . __ : __ . __ . __ .---1 ~ a
, .,." Ii! ~ ,)' 1~.~ .. 4.~.... z 1 13Q1iI;~!. 1 0 ~
.t :""'/r":';:""" : 'f<I:~"··/~.~ ....... '\' .. ···:······:·~ I; .;."",.:<"::.Jl g I ~ ~
SC.i:T 1;1 .... A.;' .. , ...... ':-I;. ,,' I
ACKNOWLEDGEMENT: f
1" -'5'J!tO" :: .• '.'.131?79· t..--1 .,:1312.7.11'" ~'3"'" - U '. -:':'~~--~--;':-_~ __ !1:i .......
.~: ..... &::" .,~' '''" tn .".' ",,,,,,,. l
. ,s ':"SII9 '00'-2"3'E 26i/.!i 58' "",. fEloOZ'l' .. ::........ ,,,,"'No~t ~:'sireet ........ , ........ n·.1 ::';': .. ~: .. : ~ •
• :.:,... , •• ' .:: :: ....................... ..... ut!till8t cor r Of ,': sou,. ,I< e • ...:.;.'·o; Legend':.""" ....... ~)~ •. T~",. ,)' VICINITY MAP ~U=n:-'T~8hiP ... :.... .:~'" .:.~ .• I I •••• _ ...... ~.: fq~~~. 2i:r.~=~~.\!~~· 1/4 mile. 1-
:} .brasa dtak with e. Mdfn.ldl'&nt foCAhd as nbted..... ..~nu_nt' 'IS9 .. ~ X. tnclsad. Visited Aug\i5t 7. ~0j)1 ......... • ::: .. ~... : .. .
PRIVATE DRAINAGE EASEMENT: '::':" . AQUIFER PIWTE'CTION NOTICE:
..... """ r"", I OI""~ _. THE IlUINAGE FACILITIES LOCATED WITHIN 11'£ PRIVATE EASEMEHT SHOWN ON TI£ PlA~···· ... ' ... ··:~· .!:OTS .~ATED.iiREIN FALL:"~lTHIN latE 2 OF RENTCIf AOOIFER PROTECTION AREA AND ARE
·:·AESIDltG Ifrl~&er::~""" SHALL BE OWNED. DPERATED,U(J MAINTAINED BY TIE' HDNEDNNER'S ASSOCIATION CREATED ':fi:CT.'IO THE: .('EOOIREMENT1' OF THE CITY OF RENTON ORDINANCE NO. 4387 AN:) AS AMENDED
'EXPIRES! .'"1-_ ..... :..... FDA THIS PLAT. . :.w.~~~.~ .. ;:t~I~!TY~~~~Ir::::::=L.=I~:=~T~~A~ER
'::. THE CITY OF RENTON SHALL HAVE TtE RIGHT TO ENTER SAID EASEMENTS TO REPAIR AHY TABLE AND BA6uwD SURFACE. EXTREME CARE SHOlLD BE EXERCISED IfI£H HAIO..INB OF ANY LlOUlO
-:::':. ';. DEFICIENCIES OF TIE DRAINAGE FACILITY IN THE EVENT THE OWHERS IS/ARE NEGLIGENT SUBSTANCE OTHER'iA&~ilATER TO PROTECT FADM CONTACT WITH THE GROlJtrI) SlRFACE. IT IS THE
.... 1 '~'. :: IN TIE MAINTENANCE OF TtE FACILITIES. THESE REPAIRS SHALL BE AT TIE OWhEAS EXPENSE. HOIEDWNERS RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER.
i.C. .. k/!.,··'tiTi~i~~····E:"ASEMENT NOTE: ~'~. , ..... A.~ ...... r AN E~:~.$ HEREBY ~O f~ AND CONVEYED TO PUGET SOUND ENERGY. INC ..
)SS ':::::. ~.... • ......... \ .... :~ ~~=:.~ ~~~~~ ~~ ~ !:~A~~TIYE
COlOITY OF ~ I 1.. .. ,... , .... ' :: idiTERIDR TEN UOJ"1'Il',l" OF ~'LOTS, TltleTS AND SPACES WITIflN TI£ PLAT LYING Co4 ~ • "' ... ".. :.:' .:PARALLEL N1TH AN) AD.JOINI~:ALL ST~S. AND A StRIP OF LAN) LYING FIVE 15) FEET ON THIS DAY OF ::r" 2003, BEFORE ME. THE:. ~WEsTERLY OF TI£ NEST LINE· OF THE 2r. WIDE ACCESs .Wf-onpTY EASEtENT TO THE UNDERSIGN::D. A NlTAAV PUBLIC I~OAi€ STATE ~ASNINGTON. DULY CONNISS~ tif=&oi"f"lbJICH TO CONTRUCt: OPERA~' MAINTAIN.:'REPAIR. ntPuce AND EN.AR:GE
STATE OF WASHINGToN
LEGAL DESCRIPTION:
TI£ WEST 2041 FEET OF THE __ OUARTER OF TtE SOUTHEAST au WILLANETTE MERIDIAN, IN kING EXCEPT THE SOUTH 30 FEET
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST lH~~T~OMNSHIP 23 NORTH. RANGE S EAST.
'AD.
PRIVATE ACCESS AND UTII1TIES MAINTENANCE AGREEMENT: =VEs:o:r:~L~~;~ACTORYWlr=t'~O BE ni°~~~ ==·~~Teo~=T~IE~~.~~N6
THE' CORPORATION THAT EXECUTEO TI£ WITHIN AND FOAEGOING INSTRLICEHT. ~ '.:. THIS st8DI,,'4t'SiIC* AfrC)'bnER PPaPERTY WITH.-i:LECTRIC •• ';AS. T~fItOE A~.bT~.. • NEtt PRIVATE EXa.USIVE EASEMENTS FDA INGRESS AND EGREss. IS TO BE CREATED UPON THE SALE SAID INSTRWENT TO BE T~ F1£E AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FQR '1:lrnn.,uWo'stRvICES. :t-6GeTHER WITH THE AI~l TO ENTlifr UPON TtE STF£ETSi'~. TRACl~. OF LOTS SHOWN ON THIS SHOAT PLAT. THE OICNERS OF LOTS 1.2.3.04.5. 6. 7 AND B SHALL HAVE AN ~~D~~HE~NT=~~~NE~AL~~X:'THI:T:~~I~~~~~~HDR:~08.l~CUTE ANJ SPACES AT AL~.:TIMES FDA T~ .. ~ tEREI~::STATED ....... • ...... '::" ~:~~T~~:DE~=T~~~~~SEAND~~,....:~~I!:mF:I~=NCE OF
CORPORATION. '.:. ':::: ............... :i .. A£~leILITIES INCLUDE THE J£PAIA Afr() MAINTElWCE OF TI£ PRIVATE ACCESS ROAD
WJTNESS MY HAND Afr() SEAL HERETO AFFIXED TlE DAY AND YEAR IN THIS CERTIFICATE APPROV Ats· ... ,1;;' :.:': .::: ... :,,:' .~.~ • ~~~~~~:'~~=I~ ~:SA~A=~~~!~~ S~~~':A~~::e:'~~=:':~~~D
ABOVE WAluet''''',·. • ••••••• ,.:;.fIt .,=' .:re':' .:'," ::: ... · ...... · .. BY TIE" CITY:or RENTON OR OTHER UTILITY PROVIDERS, MAINTENANCE COSTS SHALL BE SHARED . ~r:, @. SC~~ ~ ~ EXAMINED ANJ APPROVED THIS --1.CL.:-.-QAY:IIFtt.., .' 2003. .\' .:' J:OUo\LLY. P~ING ON THE PAYING IN TI£ ACCESS EASEMENT IS PROHIBITED. lJrI.ESS PAVEMENT . :'~"'~.'V ~ ~ ~. . ., .... :: .:' .:' .':" .:' :.,DTH IS '!IIEATER T\I ... ;!a·~!T·, .•••• !~~1~'\~", NOTAIlY PUlLIC IN 00 FDR THE ~""'D CITr~A~~~fnl""{PU6l~'~ IIORKS .. /' .,0" .. ,,;:·RENT·:·Ol{CONTROL-:;.MONUMENTS' i A': ~ j i : WASH~=i:' E:;~~~ It,. .. ":-;: .:': :':-:::. .: ,''"' ...... ::. '.: :.... . '''\ ~/:,,: ~ f' (; 5'e,J'!:f/j:. KINO COUNTY DEPAIlT .. NT OF A."r"'''' ~ 1-.,' .:' .... CIT'·OF:AEmON CONT..x.:."PJ}jNT.·".27. cOnRDL •• imo",aa.z WAS FOlNl TO HAYE A LAlCIIEAT .. ,D "-I~~""'''~~":/ C::!C("JS' .r EUNnEO IohD APPROVED THIS DAY OF, 'f ''eo~~: .... :'' .. :': ~ilt.tiitE CO(R)Jf'Ati.OF "m3'iss.JOJ ~f.IJ~8.088 F,t-:~.~ DE tei GRID.
", •• ~,~"" .• --" PAINT NOTAIlY Scoi± Noble. ~ lJIf/i;"teiL/ . .'{SE~ AOODIi:~~T~:;.o1fl7; IS nilNGS:&;NTRDL ST:"t&N":~:'~ AS RENTON ~QllIIQ.,"'I"
KING COUNTY ASSESSOR DEPUTY ASSESSOR 0 ......... :: .. POI~.~SBS4 HAvt~.A ~~.~~ OF:.l'19737.904B.FT./ UOB39t.960 f.!. .~~ .:
LAND SURVEYOR'S CERTIFICATE: .' Centre =~~'t:.~::" =~ : ...... ::SE-St' 04 .f23N. .........-P . te (253) M{lt90~, .. ,," .:' .,' .,' '". . Recording No. This Short Plat cm:-rectly represents a,survey ade by u ~ ~ om .:' KBS ,pevelopemirit carpb'rat1on3:-'
FUn f1lt' nard thtl....ll....dBf of 1'·4 2OO31t1a:·l!t or under .y dlrechon in conforunce wlth the requireRnts ·r 12~O NE Bth.:St e+" 'Sulte tOo t)! .... -=I I "0\ . of the appropriate State and COunty Statute and ()odinance S . ...... .-fCO .' re... ~\ .'.' Lw.lnbOak\!.tLot L. Itpql~.tthlrecpstof in January. 2003. t urveym.g ·····.~llevue •. .fI" 980~D ;.... .: S'_H'_'~ " l'i 1lHU "" S Wood. KING COUNl'Y~-:-'WASHfNGTON"
I': ~)." \. \~ ~Q 1824 .. ~'''''h' VJ It ..... SHEET 1 OF ',2 r $ln Co Clt'tlltt.tt 1tI. 3895!1 '.'
RECORDING CERTIFICATE:
, .. , .... .#
~' .
(A K A GREENFIELD n) LUA-03-059-FP
LND-l0-0394 A POR'IIDli OF 'I'HB SB 1/4 or 'I'HB SB 1/4 or SEC. 04, flIP. 2311.. MG. 51!. 11.11.
6O.0t· _.
INTERSECTION "I
• I:. ON SOUTH LINE \,.0" ~'O;Q'23"E
TOTAL ACREAGE:. . .: .... :.
OVERALL -US9S20 SQ. FT./ 3.~/~8"~.,,
ROAD -t26tO SQ. FT./ 0.289 ~ ..
CITY or 1IKNT01i. !IllIG COUNTY. 1I'ASIIIlIGroli
LEGEND: . ..::::..: .. :::: .. : .. :.~~...,:: .. :.
et .. MCIft.R4EHT FOl.JtC) AS ~ .. VISITED AUGUsT. 7. 2001. .....
• .. SET , .. REBAR WITH iEu.~~~nc CAP s; ~ .. :.~
• 22338/38955"..~ '~:. ;! .,'. .'
\
\ \ t.· ""bUe \ \ ,sewer ...... nt
)8( .. SET ·X· IN BRASS Qi~"~ ... X .. ::'·c~~ ~) ..... :~.
IN MONWIENT CASE. • ~::. ';
1Eil-AIlDAESS ~.::'::' ••• :.. .::::::. ./
~ \
\ ... \ __ -: _______ \ ___ .~2~_
'.\ !! .1. ~
-G--CENTER LINE 01' ~ """,,"cr "'PUINE. .':
CI -.TOP OF ~ PRCOUC~:j;~INE.is Loiji.fu; ON U~;:i.;.:.i$·::r;;~M~·NT LIST:
. --- ---SSs-:OO'02.EIi2'\V~ - -~~:
~
OLYMPIC PI~{~ COMPANY •••• :. ... :\ •• ~.:: ...... ~ •• ~:: ~:,,::
REC. NO. SilboC032. q6.1ED FEBRUARY ·~7, 196.t
REC. NO. ¥so37" .""nlB. ......... 3, tv6!5
REC. NO. t30H50Ap.t. 0A'ftp JNrAJAAY'15. UI73
DECklTIO'Nt-'OF \COVENANT:
THE ~ ~ .. nt· ~ ~ WIntiN THI9 PLAT. IN RETURN FOR THE BENEFIT TO ACCRUE FROIf':TtU~. QeCl.VIS~ BY SIGNING 1ERE0N COVENANT AND AGREE TO CONVEY THE BENEFICIAL. ~o~·~ ~~I~~I~~~J~.OHTHi~I~O ~ ~ "'N'iT~U~ :ASASERS SWWCN ON THIS PUT. ~'. .:' 0
..... ":'" '.",,,,,,. 1553.81' _. \ '" 23N.:'·.~.nlg. ---f ': .. , .. ,,:/' . --,. -_. 0 Northe~1'2::' 7:~-re-e-t-' --.
~ ~ /"" ---1."'--\--g
'; / \
• Centre 33'701 9th A .. nu. South ~oou~~~~------------------------~
30 60 ; I
CALE:
&:Bi~ Federal ".y ... A 98003 _~ Pointe (253) 861-1901
t Surveying
SE-SE 04. T23N. R5E. WM
"""" ... KBS Development Corp.
12320 NE 8th St.. Suite 100 Bellevue. WA 98005
30' :". J Kleswetter CBII:IIIlBt S Woods KING COUNTY. WASHINGTON
July 22. 2003 "'.... 1858 '-____ :s~~~ __ --__ ~~~--I~:::::J~£j~~----I-----30-·----"'-~-·--1-85-8----J~----_S_H __ E_E_T __ 3 __ 0_F ___ 3 ____ .J~ ____ ~
6 Centre 33701 9th A .. nue South ~ Federal Way, YA. 96003 _~_ Pointe (253) 661-1901
t Surveying
...... It J Kieswetter CBDD ft S Woods " .. July 22. 2003 ....... 185B
NA 185B
L-_________________________________ . _____ _
-..,. SE-SE 04, T23N, R5E, WM
KBS Dave lopment Corp.
12320 NE 8th St., Suite 100 Bellevue. WI. 9B005
KING COUNTY, WASHINGTON
SHEET 1 OF 3
I
HIGHPOINTFiI
(A. K. A. GREENFIELD II)
A PORTION OF THE SE 1/4 OF THE';:S.~ 1/4 OF SEC. 04, TWP.
CITY OF RENTON, ./·KING COUNTY,
Nelt st. corner af 33 ~tl~n:iTgrahig .a,;icgen: ..... :.. ~Nort. "'.Drnor of T.';:';· d '> •• \.
~t1~n:e T~hlP .. found tack in l.aa ;: ......... .~ ..... .
r bralS! disk wi . 300 52' e • MQOUDhJot found as "noted. V1sited August 7. 2001-
·X· •• n..... " • . __ ... _. ':::~~:~~7'~~r-' i: .. '~:::~~._ ... ' ?1"'~" S, •. ,.
~ m ·1· ~ -
: ~ I' \i E~;e.i/4t corner .~ .. ;:. J ... ;": ,... .... t-M SactfOo 4. To..nShlrz,. .. • ... .
fJ ~ I' m ·1 .. #.... ~~l~.egi.. ... : .. ·· I·; ~ •• • . "':. incal.d ....... ' ~:~ 'I' ""'''''~~ '." '1"'
500 1000
/~-.;.'.''''''''''''<'''''""",.
,
/' ," '~" '!;'~"""'~""'" .,~~":,,,, . '~~'"''-:''' .. .~~
\.-\, "'~:: ):.
~.. ".:. . ........ : •.
23N., ,~'~ri>~-~·>",w;. ~."""\"""""
WASHING'FO N""",. ."}
:: ./:::.,. ; {'.,"-..-."., .•. ,,,.> .",~·"'I ~
::, ItO ;,'; .... [\lIeu ',I:OCNIO;ttf' 0.:... "I'N .. ·:··· .. ·-;,·l Tcnm8Hl.p '2 10 ; ~. ~·r... th~~~ ~ ~ ~~;~~I
I· Sout. ". 'D~.r 0' ~ ;,~.!...... A .. ~~, D'j' ~ . ~U~8 T~nend "'~ ... i .' . (/)
1 3' br ..... ok Wit. ·X·. "'... "'-1 51tV af Renton '1 .. 843. '. ~~.::.PlA.D .
i. ~ "'" ::. I ~">'"'''''' ">''y VICINITY MAP ~._ .1il~:':>:l!; .. "y..... ." 1312.79' •. "> • .;"'~ •. Legal Description: 9 ./~·-·S1~.!go::i!l~~.~-:se-· --'-'-' •• 0 Plat Note?:">. '. '''''y 1'-1/4 mlle :.: NortIIeaat 12'Di street ....... §
The south 470 feat of the west 470 fei\ of ~t.iiY.~outhwe~£.. U Th8::'~ument cont;"~ shown fO;':· .. J;his site was accomplished
Quarter of the southeast Quarter of tille SOw:heatn-.. Quater.... ~li~i~~rei;;:re~T:c~rl~i~1~Ys~a~~ ~~s~~~~ndm~~:~dol1te of Section 4, Township 23 north, Rande 5 east, WiJ'·lametta".. tGeodlmete ... · . .sOO) and-: . .Real ;r1me Klr.!emBtic (arK) / Static Meridian. in King County. WaShington:\. ~~ \" \ 6\'.(1,1;1&1 P081t·r'O~in~Y.t.em +i(iPS). ~1near and an2Ular
EXCEPT the west 241 feet of the south '.225 ~eet thereGf: : §~~~~_g~o~he.~:. &f;,~'1J:..~ee! the .~tandardS of AC
And eXCEPT the south 30 feet thereof fru::"::.~ad. . .. ~:~.:-/ .f 2)"~:·"F.ull r~i:~ce for IBgB~t-des~~tJns and recarded
.: e~ments I'faye been plCt;ed on ~. title report from Basis of Bearing: ... " , .. , .... , .. ,. _:Y • ..". .,' Chlll~go T1tl",".):n.urance·~mpany Commitment order No . • :' 1010Z~. dated'July 20. 2llPI. No additional research
True North. Based upon GIDbaf Posi tiO~l'n9. Syst~ .. (fijP~:· ''':,:. naB bed", atte$Pted. -.
Lambert Grid washln~ton State' North lone cQ.Qrdina~E!'9:· A 3) ·::8.J.!set d;"nr6ft§~~~. $,~~n har~on are measured perpendicular . ~~~1~~9B~~a 8~n9~1! ~et 0 ~9 ~ 5~!f~I;m~.~,~~tg~;;~Qg:~s~n ":8 to '~roperty i-~f.les~,:!; tJDISSS1II'
monument case at the inters~ctJ.on Qf'frlqrthsast 12th .... ::~.l)·.·.~J;he Ar\1cles of .... +ncOrC9!'8t~n for Highpolnt'II Homeowners,;' Street end Monroe A.venue N~~sf:j.. Mot'k,unent 1s l:'~ .•.... ~ciat~pn are en fi1~'twi.t-h the State of WashIngton south Quarter corner of Se~tiDt, 4,~ Towneh·IlJ..23 Nort;b. ..:., in ~'\llIIp18 •.... Wash.1nQ'.~ .n. 1'),,8 Hlghpolnte II Homeowners' Range 5 East of the Wllla.nette Mer.idian. Th'S" Nortt.t ".... r n-: "'1 Amel"'icen Oatum of 1983/1981 (NAO eg/9!) grid ~qprCUnate8 .:: Assoc!'atlon"1.9. oImpQwet'.ed to maintain common property and were found to be 186406.957 / 130e7'l4t.228 at thett.~polnt. :: ,.. feci HUes 8ni:f.~i::h8Y.ge r~s to homeowners for maintenance,
The inverse of both the seit~leyel cor'l"'«u:;tion fector of £ .:·· .......... .Jmd entet into s~·eement.s with the City of Renton.
0.999984454 snd the grid scela.factor of,O.999999424 was ; ~. 5) f~.cts A '~nd B. ar1t."'e~bY granted .nd conveyed to the applied to the grid co ... ~r.~ .. ~~ .. Bted~ .• ~~.~ •• shown·'gf~~~ ... n.d distances. i ~.. Hldt1p01nt~l ... (Greenf"lBld II) Homeowners 4ssoc1at1on (HOAl' ~ t. uporr, the~ding of this Plat. ownersh1p and ma1ntenance
RENTON CON!i'ROC',MON"U.MEN1'S: \_ /,' ~~e~~1~h!~m: ~g~llsb~i~~gl~:~P~~s~~w;rs~f f~~~a H~~. m~~t t~~s .~. •• •••• N ... :' p~brty t:a)( Obligations as syidenced by non-oayment at
CITY OF RENTON CONTROC.:"P.OINT 1227; .. CONT~~.~·OINT 1227 .:'#. ':' J~~p:~!!:l:::~m:o~n~ ~:~!Dgn O:Q~!~h!~~n U~~~~1:~t~:ne~~~~p each ~~S l~gy~. m!H~¥~A~~~~bagR~~ .~m~ . .Q~ON··T~~~~A~~ID. . ..• ~ .. ,/ .•. , ...... , ..... _ ... , ,'Intrest .:1n the Tracts previously owned by the HOA and have '. .::. ..... i.~he at~1'ndent f1nanc1al and ma1ntenance responSibil1ties. A SECOND RENTON CONTROL POINT 16. THE NGS '€IlNTROL .,. .., ...... ,. STATION -HAFF' KNoWN"~ RENTON e"ONTROL POl+lT 1884 HAVING '\il) Tt;i's"Plet Is sUblect to on egreement between KBS Oevelopment
GRIO COORDINATE .. 'OF 17 9:?; 948 FT.;' ~~83~1. 960 FT. ., .. ,............. """ ~orp. and f ththe Cti y of Iseoittlel'! per Rec. Nto'i20hOt302fI400!681. '. . .:. :. ·N.. '. . ....... ?r use 0 e ransm S6 on ne easemen r g 0 way.
UTILITY Ek'EMENT','::'NOTE': :."""'::";""',,~,_ """',,AQUWER PROTECTION NOTICE:
An easement i'8 .. hereby '~eaerved for and.~ conveyed to the City of .~ N.... .', .. .. Renton. Puget Soy,nd Energ\l.~. Inc .. Owen Telephone COl1pany. .' : Thli"')lI,ts .crit.ftted here1n fall within zone 2 of Renton aquifer Comcast Teldvis1on. .. Cable Confpany and :the1r respective successors ;;, ... :~:._ ~.';' Prot~c:ti~h arllt. snd are sub,ect to the reQuirements of the City of and assigna:under af)d upon ttle priva.te streets. if any. and the :.~'# Renton ordinance No. 4367 and as amended by Orcl1nance No. exterior tGl'J, (10) feet:. of a14 lotl:l-: 'tracts and spaces w1thin the .' i .~' .... ,.41740. Ttf~ city·s sole source of drink1ng water 19 supplied from plat ly1ng p;Sr.allel with·.ana· adJo.1ning all streets in which to ....... ~ \" \, ~': It. shallow isU.lfer under the City surface. There 1s no natural contruct. oper~te. maintiiln; repalr. replace and enlarge :.. ''#.' :.. alrrier betWiten the water table end ground surface. Extreme care underground plPBSi! .conduit. down GUY anchors, cables and wires wltti.-· .. : .. ~... st\ould be e)(erciSed when handl1ng af any liquid substance ather all nece8~~~~ .. or COpIJyen1ent underaround or ground-mounted .~. .... ....... ' .. ~..'. t!'ian water to protect from contact with the ground surface. It 1s appurten~tes ·tliet:'etct·.for the pur:pase of serving thiS Bubd1Yision :.. ~ tJ;e homeowners rssponSibility to protect the city' 9 drinking water. and ottUfr property ... ..w1th:.slectric ... · gas. telephone and other ":'.. : . .. ~~~~.I;~r:~~;i~~~, .~~~h~~',m~~i~::i~~\~~ ~~~~:;.~~o~e~~~ns~~~.~ •. "'''''''' ...... /.:: .~Drainage Easement Restrictions
pri"-va t~:::·'tifCj.in~'ge Easement: ,{ .'''.''', ... , .. :.'''''.",.,.... ..,/" ~~r~;~~~~spam~: ~~tg~m~~~!~n~r (~~;~~~~~~) b~~a~~t n~~m~~ed
" "t. .,' :."-. ~ '\. '>" ......... permitted beyond the building setback IIns or with1n the drainage
The dr8in~e nc i'~ 1 'ies Ideated within the private easement '::'. . ... :~. neaoStembeent •• II· oAwd.ddi :iiotnhainllY'hegrd"radiinngagaendeaCeOenm"entrtusctshIOo~ 0ofnfetnhcisinpgISehtB:ll shownN'tIn tile ~la;.· a.,.all b~ owned. operated and maintained by :::. .\.. .. t "01 .~ .. ~~ .. ho~:9wne~ s 8S'6'OClst~:tln created for this plat. "':"~' ............ map unless otherwise approved by the City of Renton .
. :. The' 'City of.:.:Renton shall:'hsye the right to enter said easements '~:" ....... .. r t~er~e~~9 a~~! 1~~~~i':~t °in t~~e d~: i~~~~a~~~1 ~ ~ tlh;" f!~! I !t~~~. ..:........... .. .. ,.; ........ ·:.T.hese repdlr:s slis.lo}, :be at the owners expense, "':~ .
SCALE:
500' 1"
.. "", ...... , .... """""" ••... " .•. 'y.""::
::'::~" .. : ... ;~ ':~
::.' .. ~ .. :~:~~:.,... ".
'.:. ~ .... -..... :~: '::. ..~~: :~:~. "'~"'"'' ....
. :.""""""""'~'-., .. , .. " .• ,', •. " .. , .:.'
. ;:,I"U ~~>O~~'()59-FP
" ... ~, r.Nn.:-l0-0394~
6 Centre 33701 9th hmu. South ~~ Federal Way. 'lAo 98003 _~ Pointe (253) 661-1901 .
t Surveying
--SE-SE 04, T23N, R5E, WM
KBS Deyelopment Corp. 12320 HE Bth St .. SUite 100 Bellevue. WA 9B005 I .... > .. :. '~'-;;, t;,::'=1J_"--=J,-,K",i:.::.eS::..:WB:.:.t.:..:t:.::.er~f:::--:-: .... =-"'--=-S...;;W:.::.OO:.:d:.::.S_~ I-_KI_N_G_C_O_U_N_T_Y_, _W_AS_H_IN_G_TO_N_-I W
_. Jul y 22. 2003 iB58 "-
,,-__ "':~:;··'·~.J..t::··'·';,;;;· ... ~ _______ .L:==::i~:(J ~ I' -500' 118m., IB5B SHEET 2 OF 3 ","' __ J
.~~;
-------~.---... ------
.. ,
KING ~OUNTY,
HIGHPOINTE DIVISION II \ 5~Ai~!~:~OWC\l:T~c,.,A§~~~~T \\ (A K A GREENFIELD n) ><
Rec. No. 20030905000018 ....,
I.-_ _ 589'OO'23'E 118,08' ~ 589'52'18'(. \
L
~15' PUBLIC - - -r-~ I I I WATER EASEMENT :l '·23.70' '. I III I I 0 ~I I 5 '\LOT C.~
I OJ~ I I I OLD :g
1 1 IImJ LINE
STORM ~
IEMENTj 0 I '--I ZIII S89 '00 ' 23" E 151. 67' 'NEW
;MENT" -b '-1--12' PRIVATE 118.91'
. " 0 b ,-, DRIVEWAY AND " ~ re ,I UTILITY EASEMENT
NT-,..j ~~ 1 I I 200' City of Seattle I : 1.w 12:..1' transmission line , f I I easement Rec. No.
13.f... 13" 3335065 & 3664560 ,I ~ 10 1 ,...
" ~ I~ 'I ~ ,I g lcu 'I IIa2l ~,Z' SB9'00'23"E
I I I 66.00' ~
- - 1 , -1..1_ f - - - - - -
).50 I I !z
T-11 Ir:zl I I ~ffi " a I~ ,,~~~ ,-)
0 (1),0::1-II . I :> I Q.ffi3
II ~ 1< I I ~m~
II ~ I 1--15' PUBLIC
II ~ I § I 1 WATER EASEMENT ,.... d REC. NO. " ~ 1M" 20030722001385
OJ 'U I " ~I(I) ,
.
o o
o m
w
.
m ~
o o Z
53.67'
A
~t
10' UTILITY
EASEMENT
62.5'
:l~OLD [1J a LINE
-0 4.J C; .-J (' . a ... ./
o . 'C III OJ ~_
III
«)
(D .....
UJ
\
0 ~
.-J 0 o a
LOT A
---II g ~ I, 26' PRIVATE ~ 13 ~ I 13' Ll...-Sn~i~¢Y E!~~MENT
.50' I--I L-__ , --
L __
. ",--_, --,--;! 55.03' 59,76'
1553.81 '
\
\
\
\
.-L
\
\
\
.
\
\
o ....
WASHINGTO]
\
\
\
\
\
\
\
\
\
\
\
\
\
\ 26' EMEI
~SECONDAI
\
\
\
\
\
\
\ -\-
\
1071.
r
Northeast \12th
30' 30' \
• "T T T T.1 T."1 T"\ T"\ T"\" rn T7l ,.... rn T " 1\. T 1\. T " m T r-t T.1. TV
\
TO ACCRUE
:NEFICIAL
)RE PURCHASERS
IE LAND AS .<11 a ,.... a ~I.~
?Io gl(T) ___ -.:. .. :1 .
. sa9 ·00' 2~"E 2625.58 '\
\4\ ~"Q\ l\. \c. '3L. g
~\c.--\---\
Gl
59.76'
m\
--\
\
\
' __ 20' PUBLIC SEWER \ & PRIVATE WATER
EASEMENT
192.06'
f\) ~ \ \ . 589"52' 18 n E ~\ . \ is' \
Gl
\!
35330 SQ. Ft
0.811 Acres
\
10' UTILITY
EASEMENT SEE
\
9840SQ. 0.226 AC
NOTE SHEE~ 1 _.
__ ~t,_
169.26'
229.03'
o (T) ~ 1071.77'
Northeast· 12th Street
Southe
Sectio
23 Nor
East.
with D -\-o
(T)
INDEX DATA:
SE-SE 04, T23N, R5E, W 6 Centre 33701 9th Avenue South
~ Federal Way, W A. 98003 , _~_ Pointe (253) 661-1901
t Surveying
SURVEY FOR:
KBS Development Corp.
12320 NE 8th St .. Suite 100
Be llevue, WA 98005
~r Of~ J lship I~ -, t:zl Z \~ .~
~ I~ ler 0 f Q 0 lship .... I~ Q found ~ lunch,
of /? ,0
(f)
1
I
--W, 9 10
UJ w z ~-;( W > ... ... w .... CL. > X 0 ... > 0 0 W ..J NE 10TH ST. ]I: 0 0 z a: z·· ·z·· >-0 ..J X
~~~1
VICINITY MAP
Plat Notes: 1"= 1/4 mile
1)
2)
3)
4)
5)
6)
The monument control shown for this site was accomplished by field traverse ut iIi z inga one (1) second theodolite
with integral electronic distance measuring meter
(Geod i meter 600) and Rea I Time K i nemat i c (RTK) / Stat i c
G I oba I Pos i t ion ing Sys tem (GPS). Linear and angu lar closure of the traverses meet the standards of WAC
332-130-090.
Full reliance for legal descriptions and recorded easements have been placed on the title report from
Chicago Title Insurance Company Commitment order No.
1010246. dated Ju I y 20, 2001. No add i tiona I research
has been attempted.
Offset dimensions shown hereon are measured perpendicular
to property lines.
D.t .. xs~ The Articles of Incorporation for Highpointe·II Homeowners'
Association are on file with the State of Washington
in Olympia, Washington. The Highpointe II Homeowners'
Association is empowered to maintain common property and
facilities and charge fees to homeowner.s for maintenance;
and enter into agreements with the City of Renton.
Tracts A and B, are hereby granted and conveyed to the
Highpoint&.~JJ~. (Greenf ield II) Homeowners Assoc iation (HOA)
upon the~ding of this Plat. Ownership and maintenance of said Tracts shall be the responsibility of the HOA. In the
event that the HOA is dissolved or otherwise fails to meet its
property tax obligations as evidenced by non-payment of
property taxes for a per iod of eighteen (18) months, then each Lot shall assume and have an equal and undivided ownership
intrest in the Tracts previously owned by the HOA and have
the attendent financial and maintenance responsibilities.
This Plat is subject to an agreement between KBS Development
Corp. and the City of Seattle, per Rec. No. 20030214001681,
for use of the transmission line easement right of way.
AQUIFER PROTECTION NOTICE:
The lots created herein fall within zone 2 of Renton aquifer
Protection area and are subject to the requirements of the City of
Renton Ordinance No. 4367 and as amended by Ordinance No. 4740. This city's sole source of drinking water is supplied from A shallow aquifer under the city surface. There is no ni=ltllri=ll
CITY" RENTON '!
Kathy Keolker~Wheeler, Mayor
PlanriingIBuildinglPublic Works Departinent
Gregg Zimmerman P.E., Administrator
February 11 ,2004
Stephen Woods
. Centre Pointe Surveying·
33701 9th Ave S
FederalWay,WA 98003
Subject: . Highpointe and Highpointe Division No.2
LUA':04-005, LLA
Dear Mr. Woods:
. .
The Development Planning Section oftheCity of Renton has determined that the
subject application is complete according to submittal requirements and, therefore, is
accepted for review. .
You will be notified if c;tny additional iriformatidn.is required to 90htinue processing your .. applicati()n, ... . .. .
Please contact me at (425) 430-7289 if you have any questions .... .
Sincerely,
NancyWeil···
Associate Planner
cc: Benchmark Construction / Owner
KBS Development / Applicant
~ ----~--10-5-5-S-ou-t-h-G-ra-d-y-W-ay---R-e-n-to-n-, W-a-s"""'h-in~gt-o-n-9-80-5-5-------'-R EN TON * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE
001-\ -COL\-_\y~,\~ooS
Pol\.·. GOI
EVELOPMENT" PLANNING
CITY OF RENTON
City of Renton
FEB 042004
RECEIVED
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
NAME: Benchmark Construction LTD PROJECT OR DEVELOPMENT NAME:
Highpoinie and Hlghpoine Div. No.2
ADDRESS: JS 3.;t] Cf)~ft. ~, PROJECT/ADDRESS(S)ILOCATIOJI:I AND ZIP CODE:
CITY: tcrv'l ZIP: 1!03~ 3722 NE 12th St
Renton, WA 98055
TEl.:EPHONE NUMBER ~r.
;)(9:; .-')q 1_ I?-[ ( KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
0423059364,0423059365,0423059366,
APPLICANT (if other than owner) 3307800140
NAME:
Curtis Schuster
EXISTING LAND USE(S):
Single Family Residential
coMpANY (if applicable):
KBS Develooement Com.
PROPOSED LAND USE(S):
Same
ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
12320 NE 8th St., Suite 100
elTY: Bellevue. WA 98005 ZIP: PROPOSED COMPREHENSNE PLAN MAP DESIGNATION
(if applicable):
TELEPHONE NUMBER
206-261-2112 EXISTING ZONING: R8
CONTACT PERSON PROPOSED ZONING (if applicable): Same
NAME: Stephen H Woods, PLS SITE AREA (in square feet): 25 170
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
COMPANY (if applicable): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING
Centre Pointe Surveying THREE LOTS OR MORE (if applicable):
ADDRESS:
33701 9th Ave S PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable):
CITY: Federal Way, WA 98003 ZIP: NUMBER OF PROPOSED LOTS (if applicable):
3
TELEPHONE NUMBER AND E-MAIL ADDRESS:
253-661-1901 EMAIL: Steve@CPSurvey.com NUMBER OF NEW DWELLING UNiTS (if applicabie):
3
Q:web/pw/devserv/fonnslp1anninglmasterapp.doc 09/24/03
PRolcT INFORMATION (continued) r---~----------~--------------------~
•
NUMBER OF EXISTING DWELLING UNITS (if applicable):
3
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if
applicable):
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT (if applicable):
PROJECT VALUE:
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
[J AQUIFER PROTECTION AREA ONE
1Il AQUIFER PROTECTION AREA TWO
[J FLOOD HAZARD AREA
[J GEOLOGIC HAZARD
[J HABITAT CONSERVATION
[J SHORELINE STREAMS AND LAKES
[J WETLANDS
____ ~ sq. ft.
______ sq. ft.
_____ sq. ft.
____ sq.ft.
____ sq.ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE SE QUARTER OF SECTION ~, TOWNSHIP 23N, RANGE 5E , IN THE CITY
OF RENTON, KING COUNTY, WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for.
1. Lot Line Adjustment 3.
2. 4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
I, (Print Name/si-rft;v1'1 AS £. S ;-Grill ;1{f1".{ declare that 1 am (please check one) _ the current owner of the property
involved in this application or ____ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing
statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
(Signature of ONner/Representative)
Q:web/pw/devsc:rv/fonnslplanninglmasterapp.doc
I certify that I know or have satisfactory evidence that 11joJVlI1:f C. S 17i!rf)pytrY
signed this instrument and acknowledged it to be his/herltheir free and voluntary act for the
uses and purposes mentioned in the instrument.
09124103
C VELOPMEN'f PLANNING
C!TV OF RENTON
City of Renton
FEB 042004
RECEIVED
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S)
ADDRESS:
CITY:
TELEPHONE NUMBER: o (p-0')J -1 ()o ()
APPLICANT (if other than owner)
NAME:
COMPANY (if applicable):
ADDRESS:
CITY: ZIP: 1fO~
TELEPHONE NUMBER
CONTACT PERSON
ADDRESS:
:13 ~1Jt ~ 111 I/1$'
TELEPHONE NUMBER AND E-MAIL ADDRESS:
Q:web/pw/devserv/fonnslplanninglmasterapp.doc
PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
PROJECT/ADDRESS(S)lLOCATION AND ZIP CODE:
)303 f/eD;MVrJJ ft-/fU;vC
'(II "It~)
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
U c{ J.3~ -q 3(" q ) 0'I2~"~ ...:r 3 '-S") ()'t ~ s . 0(3'6 ,
33l> ~ gf)OJ I(J
l
PROPOSED LAND USE(S):
EXISTING COMPREHENSNE PLAN MAP DESIGNATION:
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable):
EXISTING ZONING:
PROPOSED ZONING (if applicable): '-!J?O
SITE AREA (in square feet): ;;;.s.) 1 ~ 1)
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
FOR SUBDNISIONS OR PRNATE STREETS SERVING
THREE LOTS OR MORE (if applicable):
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable):
NUMBER OF PROPOSED LOTS (if applicable):
:7
NUMBER OF NEW DWELLING UNITS (if applicable):
J
09124/03
'. PR~ ~CTINFORMAT~I~O~N~(~lc~o~nt~in~u~e~L~ ____________ ~ ~
NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE:
_-fr-
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if
applicable):
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT (if applicable):
[J AQUIFER PROTECTION AREA ONE
;a::-AQUIFER PROTECTION AREA TWO
[J FLOOD HAZARD AREA
[J GEOLOGIC HAZARD
[J HABITAT CONSERVATION
[J SHORELINE STREAMS AND LAKES
[J WETLANDS
LEGAL DESCRIPTION OF PROPERTY
___ sq.ft.
___ sq.ft.
___ sq.ft.
___ sq.ft.
___ sq.ft.
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE 5E QUARTER OF SECTION..fL. TOWNSHIP~ RANGE Ss IN THE CITY
OF RENTON, KING COUNTY. WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. Lor LTtv£ I1ATlA.Smctlr 3.
2. 4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
I. (Print Name/s) • declare that I am (please check one) _ the current owner of the property
involved in this application or ---P-e authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing
statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
rlRepresentative)
~'rI~-iTtJt /ftJA
(Signature of OwnerlRepresentative)
Q:web/pw/devserv/fonns/pJanning/masterapp.doc
I certify that I know or have satisfactory evidence that L IS fl..f7(
signed this instrument and acknowledged it to be hislherltheir free and voluntary a or the
uses and purposes mentioned in the instrument.
My appointment eXPires: __ O'u---,-J==-...O_-() __ ) __ _
09/24/03
City of Renton
1055 South Grady Way
Renton, Washington 98055
Centre Pointe
~ Surveying, Inc., P.S.
January 30, 2004
RE: Project Narrative for Lot Line Adjustment for Greenfield I (Highpointe) and Greenfield II
(Highpointe Div. II)
This proposed lot line adjustment is between Lots 4,5 and 6 of Highpointe (aka
Greenfield I) and Tract B of Highpointe Div. II (aka Greenfield II). We wish to combine Tract B
into lots 4,5 and 6. No changes in the current zoning regulations are being proposed. At this time
there are no buildings on any of the lots and the approval of this lot line adjustment will dictate
the proposed building layouts. The new lots will be used as single family residential lots. If you
have any questions or need additional information, please contact Curtis Schuster at
206-261-2112. Thank you.
DEVELOPMENT PLANNING CITY OF RENTON
FEB 04·2004
RECEIVED
Sincerely,
Stephen H Woods, P.L.S.
P.O. Box 4416 -Federal Way, WA 98063-4416
Phone (253) 661-1901 -Fax (253) 661-7719
DEVELOPMENT PLANNING CITY OFRENTON .
FEB 0 42004 Highpoint. ... , Division II (GreenfL ~d II)
Vicinity Map
1
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~ Centre 33639 9th Avenue South
8) Federal Way, WA. 98003
N p. t (253) 661-1901 ~ ~ OlD e
s
~ Surveying
-
.-' ,Centre Pointe Surveying
33701 3th Avenue South
Federal Way, WA 98003
253-661-1901
DEVELOPMENT PLANNING CITY OF RENTON
Friday, January 30, 2004 10:01:57 AM
FEB 0 42004
RECEIVED
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: OVERALL
Point Number
Bearing
Description
Distance
473
S89°00'23"E
275
SOOo07'42"W
425
S89°52'18"E
454
S10045'22''E
453
N89°00'23"W
469
NOOo59'37"E
4 68
N89°00'23"W
4 67
NOOo59'37"E
473
Closing latitude
Closing departure
Closing bearing
Closing distance
calc col
ll8.08
calc
8.43
lot cor
23.70
NE TRACT B
190.93
SE TRACT B
ll4.79
calc col
90.00
calc col
66.00
calc col
105.00
calc col
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure ~n departure
Area
Area
,
,
,
,
,
,
,
,
Sta
0+00.00
1+18.08
1+26.51
1+50.21
3+41.14
4+55.93
5+45.93
6+ll.93
7+16.93
-0.00039
-0.00499
N85°31'49"E
0.00501
Northing
3200.13084
3198.08323
3189.65325
3189.60017
3002.02471
3004.01528
3094.00174
3095.14624
3200.13045
716.93 (716.93)
1/143172
1/1837155
1/143609
25170.03 SQ FT
0.578 ACRES-
Easting Elevation
6436.02428
6554.08653
6554.06765
6577.76759
6613.40063
6498.62789
6500.18857
6434.19850
6436.01929
-'
,Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: TRACT B (OLD)
Point Number
Bearing
Description
Distance
276
NOOo07'42"E
425
S89°52'18"E
454
S10045'22"E
453
N89°00'23"W
276
Closing latitude
Closing departure
Closing bearing
Closing distance
calc
186.59
lot cor
23.70
NE TRACT B
190.93
SE TRACT B
59.76
calc
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+86.59
2+10.29
4+01.22
4+60.98
-0.00271
-0.00010
N02°08'21"E
0.00272
Northing
3003.06167
3189.65120
3189.59812
3002.02266
3003.05896
460.98 (460.98)
1/169736
1/169854
1/4547055
7796.80 SQ FT
0.179 ACRES
Easting Elevation
6553.65209
6554.07002
6577.76996
6613.40300
6553.65198
-
• Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 4 (OLD)
Point Number
Bearing
Description
Distance
468 calc col
S89°00'23"E 53.67
470 calc col
SOOo07'42"W 90.01
276 calc
N89°00'23"W 55.03
4 69 calc col
NOOo59'37"E 90.00
4 68 calc col
Sta Northing Easting Elevation
0+00.00 3094.00226 6500.19357 ,
0+53.67 3093.07157 6553.85550 ,
1+43.68 3003.06180 6553.65389 ,
1+98.71 3004.01607 6498.63216 ,
2+88.71 3094.00253 6500.19284
--------------------------------------------------------------------------------
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
0.00028
-0.00072
S69°00'28"E
0.00077
288.71 (288.71)
1/373952
1/1043852
1/400537
4891.30 SQ FT
0.112 ACRES
_. -
" Centre· Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 5 (OLD)
Point Number
Bearing
Description
Distance
472
S89°00'23"E
155
SOOo07'42"W
470
N89°00'23"W
467
NOOo59'37"E
472
Closing latitude
Closing departure
Closing bearing
Closing distance
calc col
118.91
corner D-C
50.01
calc col
119.67
calc col
50.00
calc col
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+18.91
1+68.92
2+88.59
3+38.59
-0.00421
-0.00485
N49°02'25"E
0.00643
Northing
3145.13912
3143.07711
3093.06723
3095.14242
3145.13490
338.59 (338.59)
1/52674
1/80354
1/69752
5964.53 SQ FT
0.137 ACRES
Easting Elevation
6435.07053
6553.96265
6553.85064
6434.19863
6435.06568
-
, Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 6 (OLD)
Point Number
Bearing
Description
Distance
473 calc col
S89°00'23"E 118.08
275 calc
SOOo07'42"W 55.01
455 corner D-C
N89°00'23"W
472
NOOo59'37"E
473
Closing latitude
Closing departure
Closing bearing
Closing distance
calc
calc
Total traverse length
Total error of closure
118.91
col
55.00
col
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+18.08
1+73.09
2+92.00
3+47.00
-0.00374
0.00066
NI0002'10''W
0.00380
Northing
3200.13084
3198.08323
3143.07337
3145.13538
3200.12711
347.00 (347.00)
1/91382
1/92802
1/524374
6517.39 SQ FT
0.150 ACRES
Easting Elevation
6436.02428
6554.08653
6553.96332
6435.07120
6436.02495
.'
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT A
Point Number
Bearing
Description
Distance
468
S89°00'23"E
457
S10045'22''E
453
N89°00'23"W
469
NOOo59'37"E
4 68
Closing latitude
Closing departure
Closing bearing
Closing distance
calc col
96.07
NE corner B-
91. 93
SE TRACT B
114.79
calc col
90.00
calc col
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
0+96.07
1+88.00
3+02.78
3+92.78
-0.00375
0.00028
N04°20'55"W
0.00376
Northing
3094.00226
3092.33632
3002.02148
3004.01204
3093.99851
392.79 (392.78)
1/104538
1/104840
1/1378663
9488.59 SQ FT
0.218 ACRES
Easting Elevation
6500.19357
6596.24912
6613.40591
6498.63317
6500.19385
.'
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT B
Point Number
Bearing
Description
Distance
472
S89°00'23"E
456
S10045'22''E
457
N89°00'23"W
4 67
NOOo59'37"E
472
Closing latitude
Closing departure
Closing bearing
Closing distance
calc col
151. 67
NE corner D-
51. 07
NE corner B-
162.07
calc col
50.00
calc col
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+51.67
2+02.74
3+64.81
4+14.81
0.00010
-0.00026
S68°21'22"E
0.00028
Northing
3145.13912
3142.50902
3092.33629
3095.14674
3145.13922
414.81 (414.81)
1/1503468
1/4076251
1/1617511
7843.47 SQ FT
0.180 ACRES
Easting Elevation
6435.07053
6586.71773
6596.24886
6434.20323
6435.07028
-' -
.. Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Friday, January 30, 2004 10:01:57 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\1858\1858.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT C
Point Number
Bearing
Description
Distance
473
S89°00'23"E
275
SOOo07'42"W
425
S89°52'18"E
454
S10045'22''E
456
N89°00'23"W
472
NOOo59'37"E
473
Closing latitude
Closing departure
Closing bearing
Closing distance
calc col
118.08
calc
8.43
lot cor
23.70
NE TRACT B
47.93
NE corner D-
151. 67
calc col
55.00
calc col
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
,
,
Sta
0+00.00
1+18.08
1+26.51
1+50.21
1+98.15
3+49.82
4+04.82
0.00325
-0.00502
S57°02'51"E
0.00598
Northing
3200.13084
3198.08323
3189.65325
3189.60017
3142.51227
3145.14237
3200.13410
404.81 (404.82)
1/67657
1/124382
1/80628
7837.97 SQ FT
0.180 ACRES
Easting Elevation
6436.02428
6554.08653
6554.06765
6577.76759
6586.71271
6435.06551
6436.01926
FEB 04 20O't
RECEIVED
1800 COLUllBXA CJDI'l'KR, 701 5'1'B AVB
SHORTPLATCER~CATE
Certificate for Filing Proposed Short Plat
SECOND CERTIFICATE
Order No.: ~117148
In the matter of the short plat submitted for your approval, this Company has examined the records of the
County Auditor and County Oerk of KING County, Washington, and the records of the Clerk of the
United States Courts holding terms in said County, and from such examination hereby certifies that the title to
the following descnbed land situate in said KING County, to-wit:
SEE SCHEDULE A (NEXT PAGE)
VESTED IN:
HIGHPOINTE DIVISION II HOMEOWNERS ASSOCIATION, A WASHINGTON NON-PROFIT
CORPORATION
EXCEPTIONS:
SEE SCHEDULE B ATTACHED
CHARGE: $200.00
TAX: $ 17.60
Records examined to January 9, 2004 at 8 :00 A.M.
By
CHICAGO 1TI1.E INSURANCE COMPANY
EASTSIDE TITLE UNIT
Title Officer
(206)628-5623
V/)5) ?t/fp. ~ig~)
SHPlA TA/I2-SOO/EK
"h-...AGO TITLE INSURANCE COMP.6
SHORTPLATCER~CATE
SCHEDULE A
(Continued)
LEGAL DESCRIPTION
Order No.: 111 714 8
TRACT B, HIGHPOINTE DIVISION II (A.K.A. GREENFIELD II), ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 216 OF PLATS, PAGES 29 THROUGH 31, INCLUSIVE, IN KING
COUNTY, WASHINGTON.
CHICAGO 1TfLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
Order No.: 1117148
SHORTPLATCER~CATE
SCHEDULEB
This certificate does not insure against loss or damage by reason of the following exceptions:
GENERAL EXCEPTIONS:
A Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for
value of record the estate or interest or mortgage thereon covered by this Commitment.
B. Rights or claims of parties in possession not shown by the public records.
C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
D. Easements or claims of easements not shown by the public records.
E. Any lien, or right to lien, for contnbutions to employee benefit funds, or for state workers' compensation, or
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by
the public records.
F. Liens under the Workmen's Compensation Act not shown by the public records.
G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity
or garbage removal.
H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in
the same becoming a lien.
I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
Indian tnbal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims, or title to water.
K. TIllS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING mAT TIlE LIABILITY
OF TIlE COMPANY SHALL NOT EXCEED ONE TIlOUSAND DOLLARS(Sl000.00).
SHPlATB/1I31f94/1OC
CHICAGO 1TILE INSURANCE COMPANY
·...iCAGO TITLE INSURANCE COMP..4
SHORTPLATCER~CATE
SCHEDULBB
(Continued)
EXCEPTIONS
Order No.: 1117148
A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
B ASSIGNMENT OF SAID EASEMENT:
DATED:
RECORDED:
RECORDING NUMBER:
ASSIGNEE:
DEFENSE PLANT CORPORATION, A UNITED
STATES CORPORATION
AN ELECTRICAL POWER TRANSMISSION LINE
AND NECESSARY APPURTENANCES
A 200-FOOT STRIP ACROSS A PORTION OF
SAID PREMISES
SEPTEMBER 14, 1941
3335065
JULY 16, 1946
MARCH 10, 1947
3664560
CITY OF SEATTLE
D 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
OLYMPIC PIPELINE COMPANY, A DELAWARE
CORPORATION
OIL, GAS OR WATER PIPELINE WITH
NECESSARY APPURTENANCES
THE DESCRIPTION CONTAINED THEREIN IS
NOT SUFFICIENT TO DETERMINE ITS EXACT
LOCATION WITHIN THE PROPERTY HEREIN
DESCRIBED.
FEBRUARY 27, 1964
5704032
• 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
OLYMPIC PIPELINE COMPANY, A DELAWARE
CORPORATION
OIL, GAS OR WATER PIPELINE WITH
NECESSARY APPURTENANCES
THE DESCRIPTION CONTAINED THEREIN IS
NOT SUFFICIENT TO DETERMINE ITS EXACT
LOCATION WITHIN THE PROPERTY HEREIN
DESCRIBED.
MARCH 3, 1965
5850378
CHI~GO 1TfLE INSURANCE COMPANY
_iCAGO TITLE INSURANCE COMP...,
SHORTPLATCER~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
Order No.: 1117148
, 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
OLYMPIC PIPELINE COMPANY, A DELAWARE
CORPORATION
OIL, GAS OR WATER PIPELINE, TOGETHER
WITH NECESSARY APPURTENANCES
THE DESCRIPTION CONTAINED THEREIN IS
NOT SUFFICIENT TO DETERMINE ITS EXACT
LOCATION WITHIN THE PROPERTY HEREIN
DESCRIBED.
JANUARY IS, 1973
7301150404
a 5. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND
SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID PLAT.
B 6. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR
ASSESSMENTS CONTAINED IN INSTRUMENT:
RECORDED:
RECORDING NUMBER:
SEPTEMBER 5, 2003
20030905000019
I 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN:
AND:
RECORDED:
RECORDING NUMBER:
REGARDING:
KBS DEVELOPMENT CORPORATION, A
WASHINGTON CORPORATION
CITY OF SEATTLE, CITY LIGHT DEPAR'IMENT
FEBUARY 14, 2003
20030214001681
USE OF TRANSMISSION LINE EASEMENT
RIGHT-OF-WAY FOR DEVELOPMENT OF
PROPERTY PROPOSED AS THE PLAT·
HIGHPOINTE DIVISION II
r 8. GENERAL AND SPECIAL TAXES AND CHARGES AFFECTING THE ENTIRE PLAT:
YEAR:
AMOUNT BILLED:
AMOUNT ON DEPOSIT:
NUMBER OF LOTS IN SAID PLAT:
LEVY CODE:
2004
$ NOT AVAILABLE
$ 1,228.25
12 PLUS TWO TRACTS
2100
THE TAX ACCOUNT NUMBER FOR THE TRACT HEREIN DESCRIBED IS: 330780-0140-08.
SHPLA11I3/12-1z.90/BK
CHICAGO 1TILE INSURANCE COMPANY
(
. ..iCAGO TITLE INSURANCE COMP..A
SHORTPLATCER~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
Order No.: 1117148
N 9. ORDINANCE NUMBER 4025 OF THE CITY OF RENTON ESTABLISHING A PROPOSED
ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN THE HONEYCREEK
INTERCEPTOR SERVICE AREA AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON
CONNECTION TO THE FACILITIES AS DISCLOSED BY INSTRUMENT RECORDED UNDER
RECORDING NUMBER 8612031455.
w 10. REVERSION OF TITLE PROVISIONS CONTAINED IN PLAT NOTE (5) WHEREIN IT IS
STIPULATED THAT "IN THE EVENT THAT THE HOMEOWNERS ASSOCIATION IS
DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS AS
EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18)
MONTHS, THEN EACH LOT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED
OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOMEOWNERS
ASSOCIATION AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE
RESPONSIBILITIES."
u NOTE 1:
EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE
BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING
REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY
RECORDER OR IMPOSITION OF A $50.00 SURCHARGE.
FIRST PAGE OR COVER SHEET REQUIREMENTS:
3" TOP MARGIN CONTAINING NOTHING EXCEPT THE RETURN ADDRESS.
1" SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS.
TITLE(S) OF DOCUMENTS.
RECORDING NO. OF ANY ASSIGNED, RELEASED OR REFERENCED DOCUMENT(S) .
GRANTORS NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) .
GRANTEES NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) .
ABBREVIATED LEGAL DESCRIPTION (AND PAGE NO. FOR FULL DESCRIPTION) .
ASSESSOR'S TAX PARCEL NUMBER(S).
RETURN ADDRESS (IN TOP 3" MARGIN).
**A COVER SHEET CAN BE ATTACHED CONTAINING THE ABOVE FORMAT AND DATA IF
THE FIRST PAGE DOES NOT CONTAIN ALL REQUIRED DATA.
ADDITIONAL PAGES:
I" TOP, SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS.
ALL PAGES:
NO STAPLED OR TAPED ATTACHMENTS. EACH ATTACHMENT MUST BE A SEPARATE
PAGE.
ALL NOTARY AND OTHER PRESSURE SEALS MUST BE SMUDGED FOR VISIBILITY.
FONT SIZE OF 8 POINTS OR LARGER.
ALL INFORMATION MUST BE LEGIBLE AND CAPABLE OF BEING IMAGED.
THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE
SHPLA'Im/Il-ll-9O/EK
CHICAGO TIlLE INSURANCE COMPANY
-'
-4CAGO TITLE INSURANCE COMPA· •
SHORTPLATCER~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
Order No.: 1117148
DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04.
SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE
LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT:
TRACT B, VOLUME 216 OF PLATS, PAGE 29.
END OF SCHBDOLB B
SHPLATB3/1~12-90/f!K
CHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
10500 NE 8TH, #1700, BELLEVUE, WA 98004
ORDER NO:
YOUR NO:
UNIT NO:
LOAN NO:
SUPPLEMENTAL COMMITMENT
PHONE: (425)646-9883
FAX: (425)646-9879
001117149
ETU
o R D ERR E FER E N C E I N FOR MAT ION
SUPPLEMENTAL NUMBER: 1
SELLER: KBS DEVELOPMENT
PURCHASER/BORROWER:
PROPERTY ADDRESS: WASHINGTON
Our Title Commitment dated 01/09/04 at 8:00 A.M. is supplemented as fol lows:
THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JANUARY 9, 2004, EXCEPT AS
SHOWN ON SUPPLEMENTAL(S) 1.
JANUARY 21, 2004 AUTHORIZED BY: JANICE PARKER
NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL
COMMITMENT:
KBS DEVELOPMENT CORPORATION
1/1
(206)261-2112
SUPPLCOM/RDA/0999
'JilCAGO TITLE INSURANCE COMPI .,
34000 COLUllBIA ClllTlla, 701 5'l'B AW SECOND CERTIFICATE
Order No.: 111714 9
SHORTPLATCER~CATE
Certificate for Filing Proposed Short Plat
In the matter of the short plat submitted for your approval, this Company has examined the records of the
County Auditor and County Oerk of KING County, Washington, and the records of the Oerk of the
United States Courts holding terms in said County, and from such examination hereby certifies that the title to
the following described land si~e in said KING County, to-wit:
SEE SCHEDULE A (NEXT PAGE)
VESTED IN:
BENCHMARK CONSTRUCTION LTD, A WASHINGTON CORPORATION
EXCEPTIONS:
SEE SCHEDULE B ATTACHED
C~GE: $200.00
T~ $ 17.60
Records examined to January 9, 2004 at 8:00 A.M.
CHICAGO TITLE INSURANCE COMPANY
EASTSIDE TITLE UNIT
Title Officer
(206)628-5623
SHPlATA/I2-S-90/BK
.u.J.CAGO TITLE INSURANCE COMP, '(
SHORT PLAT CERTDnCATE
SCHEDULE A
(Continued)
LEGAL DESCRIPTION
Order No.: 1117149
LOTS 4, 5 AND 6, CITY OF RENTON SHORT PLAT NUMBER LUA-01-114-SHPL-H (HIGHPOINTE,
A.K.A. GREENFIELD I), RECORDED UNDER RECORDING NUMBER 20030722900010, IN KING
COUNTY, WASHINGTON.
CHICAGO TIlLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
SHORTPLATCER~CATE
SCHEDULEB
Order No.: 1117149
This certificate does not insure against loss or damage by reason of the following exceptions:
GENERAL EXCEPTIONS:
A. Defects, liens, encumbrances, adverse clainis or other matters, if any, created, first appearing in the public records
or attaching subsequent to thel effective date hereof but prior to the date the proposed insured acquires for
value of record the estate or interest or mortgage thereon covered by this Commitment.
B. Rights or claims of parties in JOssession not shown by the public records.
C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspectioa of the premises.
D. Easements or claims of easements not shown by the public records.
E. Any lien, or right to lien, for CfIltributions to employee benefit funds, or for state workers' compensation, or
for services, labor, or materiaiheretofore or hereafter furnished, all as imposed by law, and not shown by
the public records.
F. Liens under the Workmen's Compensation Act not shown by the public records.
G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity
or garbage removal.
H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in
the same becoming a lien.
I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
Indian tnbal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims, or title to water.
K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY
OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS(Sl000.00).
CHICAGO TITI..E INSURANCE COMPANY
h..lCAGO TITLE INSURANCE COMPI
SHORTPLATCER~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
Order No.: 1117149
A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:-
B ASSIGNMENT OF SAID EASEMENT:
DATED:
RECORDED:
RECORDING NUMBER:
ASSIGNEE:
DEFENSE PLANT CORPORATION, A UNITED
STATES CORPORATION
AN ELECTRICAL POWER TRANSMISSION LINE
AND NECESSARY APPURTENANCES
A 200-FOOT STRIP ACROSS A PORTION OF
SAID PREMISES
SEPTEMBER 14, 1941
3335065
JULY 16, 1946
MARCH 10, 1947
3664560
CITY OF SEATTLE
c 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
CITY OF RENTON, A MUNICIPAL CORPORATION
PUBLIC UTILITIES (INCLUDING WATER,
WASTEWATER, AND SURFACE WATER) WITH
NECESSARY APPURTENANCES
A WESTERLY PORTION OF LOTS 5 AND 6 (AND
OTHER PROPERTY) LYING WITHIN A STRIP OF
LAND 15 FEET IN WIDTH
JULY 22, 2003
20030722001385
D 3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND
SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID SHORT PLAT RECORDED
UNDER RECORDING NUMBER 20030722900010.
• 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) :
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
ASSESSED VALUE-LAND:
2003
042305-9364-05
2100
ASSESSED VALUE-IMPROVEMENTS:
$ 9,900.00
$ 0.00
CIIICAGO TITLI! INSURANCE COMPANY
-'
r-u.CAGO TITLE INSURANCE CaMPI "'
Order No.: 1117149
SHORTPLATCER~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
GENERAL & SPECIAL TAXES: BILLED: $ 109.92
PAID: $ 54.96
UNPAID: $ 54.96
AFFECTS: LOT 4
• 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YaM (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) :
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
ASSESSED VALUE-LAND:
ASSESSED VALUE-IMPROVEMENTS:
GENERAL & SPECIAL TAXES:
AFFECTS: LOT 4
2004
042305-9364-05
2100
$ 10,300.00
$ 0.00
BILLED: $ NOT AVAILABLE
PAID: $ 0.00
UNPAID: $ NOT AVAILABLE
, 6. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) :
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
ASSESSED VALUE~LAND:
ASSESSED VALUE-IMPROVEMENTS:
GENERAL & SPECIAL TAXES:
AFFECTS: LOT 5·
2003
042305-9365-04
2100
$ 9,900.00
$ 0.00
BILLED: $ 109.92
PAID: $ 54.96
UNPAID: $ 54.96
N 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TA?C YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES):
YEAR:
TAX ACCOUNT NUMBER:
2004
042305-9365-04
CHICAGO 1TILE INSURANCE COMPANY
SHPLATB3/1l-1UO/BK
.'
Q
'bJCAGO TITLE INSURANCE COMPI
LEVY CODE:
ASSESSED VALUE-LAND:
SHORTPLATCBR~CATE
SCHEDULEB
(Continued)
EXCEPTIONS
2100
ASSESSED VALUE-IMPROVEMENTS:
$ 10,200.00
$ 0.00
Order No.: 1117149
GENERAL & SPECIAL TAXES: BILLED: $ NOT AVAILABLE
PAID: $ 0.00
UNPAID: $ NOT AVAILABLE
AFFECTS: LOT 5
B. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) :
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
ASSESSED VALUE-LAND:
ASSESSED VALUE-IMPROVEMENTS:
GENERAL & SPECIAL TAXES:
AFFECTS: LOT 6
2003
042305-9366-03
2100
$ 9,900.00
$ 0.00
BILLED: $ 109.92
PAID: $ 54.96
UNPAID: $ 54.96
o 9. GENERAL AND SPHCIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YBAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES):
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
ASSESSED VALUE-LAND:
ASSESSED VALUE-IMPROVEMENTS:
GENERAL & SPECIAL TAXES:
AFFECTS: LOT 6
2004
042305-9366-03
2100
$ 10,200.00
$ 0.00
BILLED: $ NOT AVAILABLE
PAID: $ 0.00
UNPAID: $ NOT AVAILABLE
B 10. ORDINANCE NUMBER 4025 OF THE CITY OF RENTON ESTABLISHING A PROPOSED
ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN THE HONEYCREEK
SHPLATB3/1".12-90/BK
CHICAGO lTI1..E INSURANCE COMPANY
-'
rilCAGO TITLE INSURANCE COMPI "'
SHORT PLAT CERTIFICATE
SCHEDULEB
(Continued)
EXCEPTIONS
OrderNo.: 1117149
INTERCEPTOR SERVICE AREA AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON
CONNECTION TO THE FACILITIES AS DISCLOSED BY INSTRUMENT RECORDED UNDER
RECORDING NUMBER 8612031455.
P 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED:
RECORDED:
RECORDING NUMBER:
LOAN NUMBER:
BENCHMARK CONSTRUCTION LTD, A WASHINGTON
CORPORATION
WASHINGTON SERVICES, INC., A WASHINGTON
CORPORATION
WASHINGTON FEDERAL SAVINGS, A UNITED
STATES CORPORATION
$ 271,000.00
SEPTEMBER 16, 2003
SEPTEMBER 22, 2003
20030922002782
011 209 273614-8
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER
OF THE INDEBTEDNESS SECURED.
o AFFECTS: LOT 6
R 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED:
RECORDED:
RECORDING NUMBER:
LOAN NUMBER:
BENCHMARK CONSTRUCTION LTD, A WASHINGTON
CORPORATION
WASHINGTON SERVICES, INC., A WASHINGTON
CORPORATION
WASHINGTON FEDERAL SAVINGS, A UNITED
STATES CORPORATION
$ 271,000.00
SEPTEMBER 16, 2003
SEPTEMBER 22, 2003
20030922002783
011 209 273613-0
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER
OF THE INDEBTEDNESS SECURED.
B AFFECTS: LOT 5
SHPlA'Im/12-11-!lO/BK
CJllCAGOTfILE INSURANCE COMPANY
• '.hJ.CAGO TITLB INSURANCE COMPi O(
SHORTPLATCERTDnCATE
SCHEDULEB
(Continued)
EXCEPI'lONS
Order No.: 1117149
'1' 13. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED:
RECORDED:
RECORDING NUMBER:
LOAN NUMBER:
BENCHMARK CONSTRUCTION LTD, A WASHINGTON
CORPORATION
WASHINGTON SERVICES, INC., A WASHINGTON
CORPORATION
WASHINGTON FEDERAL SAVINGS, A UNITED
STATES CORPORATION
$ 272,000.00
SEPTEMBER 16, 2003
SEPTEMBER 22, 2003
20030922002784
011 209 273612-2
THE AMOUNT NOW SEcpRED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER
OF THE INDEBTEDNESS SECURED.
u AFFECTS: LOT 4
lC NOTE 1:
EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE
BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING
REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY
RECORDER OR IMPOSITION OF A $50.00 SURCHARGE.
FIRST PAGE OR COVER SHEET REQUIREMENTS:
3" TOP MARGIN CONTAINING NOTHING EXCEPT THE RETURN ADDRESS.
1" SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS.
TITLE(S) OF DOCUMENTS.
RECORDING NO. OF ANY ASSIGNED, RELEASED OR REFERENCED DOCUMENT(S).
GRANTORS NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND).
GRANTEES NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) .
ABBREVIATED LEGAL DESCRIPTION (AND PAGE NO. FOR FULL DESCRIPTION) .
ASSESSOR'S TAX PARCEL NUMBER(S).
RETURN ADDRESS (IN TOP 3" MARGIN) .
**A COVER SHEET CAN BE ATTACHED CONTAINING THE ABOVE FORMAT AND DATA IF
THE FIRST PAGE DOES NOT CONTAIN ALL REQUIRED DATA.
ADDITIONAL PAGas:
1" TOP, SID~ AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS.
ALL PAGES:
NO STAPLED OR TAPED ATTACHMENTS. EACH ATTACHMENT MUST BE A SEPARATE
SHPU.11I3/1~ll-9O/EK
CHICAGO TI'I1..E INSURANCE COMPANY
•
PAGE.
HICAGO TITLE INSURANCE COMPI
SHORT PLAT CERTIFICATE
SCHEDULEB
(Continued)
EXCEPI'lONS
,
OrderNo.: 1117149
ALL NOTARY AND OTHER PRESSURE SEALS MUST BE SMUDGED FOR VISIBILITY.
FONT SIZE OF 8 POINTS OR LARGER.
ALL INFORMATION MUST BE LEGIBLE AND CAPABLE OF BEING IMAGED.
THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE
DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04.
SAID ABBREVIATBD LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE
LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT:
LOTS 4, 5 & 6, CITY OF RENTON SHORT PLAT RECORDED UNDER RECORDING NUMBER
20030722900010.
JmD OJ' SCHBDULB B
SHPLA1B3/12-1MO/BX.
CHICAGO TrrLE INSURANCE COMPANY
Printed: 02-04-2004
Payment Made:
L .... fY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-005
02/04/2004 12:11 PM
DEVELOPMENT PLANNING
CITY OF RENTON
FEB 0 4 2004.
RECEIVED
Receipt Number: R0400484
Total Payment: 450.00 Payee: KBS DEVELOPMENT CORP
Current Payment Made to the Following Items:
Trans Account Code Description Amount
5015 000.345.81.00.0012 Lot Line Adjustment 450.00
Payments made for this receipt
Trans Method Description Amount
Payment Check 7636 450.00
Account Balances
Trans Account Code Description Balance Due
3021
5006
5007
5008
5009
5010
5011
5012
5013
5014
5015
5016
5017
5018
5019
5020
5021
5022
5023
5024
5036
5909
5941
5954
5955
5998
303.000.00.345.85
000.345.81.00.0002
000.345.81.00.0003
000.345.81.00.0004
000.345.81.00.0006
000.345.81.00.0007
000.345.81.00.0008
000.345.81.00.0009
000.345.81.00.0010
000.345.81.00.0011
000.345.81.00.0012
000.345.81.00.0013
000.345.81.00.0014
000.345.81.00.0015
000.345.81.00.0016
000.345.81.00.0017
000.345.81.00.0018
000.345.81.00.0019
o
000.345.81.00.0024
000.345.81.00.0005
000.341.60.00.0024
000.341.50.00.0000
604.237.00.00.0000
000.05.519.90.42.1
000.231.70.00.0000
Park Mitigation Fee
Annexation Fees
Appeals/Waivers
Binding Site/Short Plat
Conditional Use Fees
Environmental Review
Prelim/Tentative Plat
Final Plat
PUD
Grading & Filling Fees
Lot Line Adjustment
Mobile Home Parks
Rezone
Routine Vegetation Mgmt
Shoreline Subst Dev
Site Plan Approval
Temp Use or Fence Review
Variance Fees
Conditional Approval Fee
Comprehensive Plan Amend
Booklets/EIS/Copies
Maps (Taxable)
Special Deposits
Postage
Tax
Remaining Balance Due: $0.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
(Proposed)
SR 900 L.L.C.
LOT LINE ADJUSTMENT
December 23,2003
Compih:i by
HALINEN LAW OFFICES, P.S.
(425) 454-8272
dmli dhal inen@halinenlaw.com
DEVELOPMENT PlANNING CITY OF RENTON
DEC 2 3 2003
RECEIVED
landAmerica
Transnation
Halinen Law Offices, P.S.
2115 North 30th Street
Suite 203
Tacoma, WA 98403
REFERENCE NO: /
Order No.: 20017041 Liability:
Charge:
Tax:
Total:
14450 N.E. 29th Pl., #200
Bellevue, WA 98007
Phone: 425-451-7301
800-441-7701
Fax: 425-558-3563
$10,000.00
$ 320.00
$ 28.16
$ 348.16
SECOND SUBDIVISION GUARANTEE
Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and
Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and
limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or
referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
Transnation Title Insurance Company
a corporation herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Dated: December 15, 2003
Transnation Title Insurance Company
~~
Subdivision Guarantee
GNT004
DEVElOPMENT PlANNING CITY OF RENTON
DEC 232003
RECEIVED
Page 1 of 4
Order No.: 20017041
SCHEDULE A
1. Name of Assured:
Halinen Law Offices, P.S., SR 900 L.L.c., Barghausen Consulting Engineers, Inc., and the City of
Renton, Washington
2. Date of Guarantee:
December 15, 2003
3. The assurances referred to on the face page hereof are:
a. That according to those public records which, under the recording laws, impart constructive
notice of matters affecting title to the following described land:
See Exhibit A attached hereto.
b. Title to the estate or interest in the land is vested in:
SR 900 L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY
c. The estate or interest in the land which is covered by this Guarantee is:
A fee simple estate
Subject to the Exceptions shown below, which are not necessarily shown in order of their priority.
EXCEPTIONS:
1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST,
PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY:
(1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1)
TAX ACCOUNT NO.:
YEAR
2003
1323049006
BILLED PAID
$2,971.75 $2,971.75
TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00.
LEVY CODE: 2111
ASSESSED VALUE LAND: $264,800.00
ASSESSED VALUE IMPROVEMENTS: $0.00
(COVERS PARCEL A)
BALANCE
$0.00
2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST,
PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY:
(1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1)
TAX ACCOUNT NO.:
YEAR
2003
1323049010
BILLED PAID
$9,896.43 $9,896.43
TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00.
LEVY CODE:
ASSESSED VALUE LAND:
ASSESSED VALUE IMPROVEMENTS:
(COVERS PARCEL B)
Subdivision Guarantee
GNT004
2111
$886,800.00
$0.00
BALANCE
$0.00
Page 2 of 4
3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NO.:
CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY
ELECTRIC TRAMSMISSION SYSTEM
A PORTION OF SAID PREMISES
MARCH 12, 1918
1198403
4. UNRECORDED AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
DATED: DECEMBER 10, 2003
REGARDING: DEVELOPMENT
Order No20017041
5. MATTERS WHICH MAY BE DISCLOSED BY SURVEY RECORDED ON DECEMBER 12, 1990, UNDER
RECORDING NO. 9012129007.
6. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF
"CENTERLINE OF THE MAIN TRACKS OF THE PACIFIC COAST RAILROAD CO." CONTAINED IN THE
LEGAL DESCRIPTION IN SCHEDULE A.
MSN
Enclosures:
Sketch
Vesting Deed
Paragraphs 3-5
Subdivision Guarantee
GNT004
Page 3 of 4
•
Order No.: 20017041
EXHIBIT "A"
PARCEL A:
That portion of Government Lot 7 in Section 13, Township 23 North, Range 4 East, Willamette
Meridian, lying South of Sunset Highway (Primary State Highway No.2 and also known as SR 900,
Empire Way South, Martin Luther King Jr. Way South and SW Sunset Boulevard) and North of the
right-of-way of Chicago, Milwaukee and St. Paul Railway Company and Pacific Coast Railroad
Company (Burlington Northern and Santa Fe Railway Company);
INCLUDING vacated South 140th Street (a.k.a. Beacon Coal Mine Company Road) lying within said
portion of Government Lot 7 pursuant to vacation under King County Commissioners' Journal
Volume 29, page 3.
Situate in the City of Renton, County of King, State of Washington.
PARCELB:
That portion of the North half of the Southeast quarter of Section 13, Township 23 North, Range 4 East,
Willamette Meridian, lying South of Sunset Highway (Primary State Highway No.2 and also known as
SR 900, Empire Way South, Martin Luther King Jr. Way South and SW Sunset Boulevard) and north of
the right-of-way of Chicago, Milwaukee and St. Paul Railway Company and Pacific Coast Railroad
Company (Burlington Northern and Santa Fe Railway Company);
INCLUDING both (1) vacated South 140th Street (a.k.a. Beacon Coal Mine Company Road) lying
within said portion of the North half of the Southeast quarter pursuant to vacation under King County
Commissioners' Journal Volume 29, page 3 and (2) the vacated portion of 82nd Avenue South lying
within said portion of the North half of the Southeast quarter;
EXCEPT that portion of the North half of the Southeast quarter, lying South of a line drawn from the
Northwesterly comer of Lot 15 in Block 13 of said plat of Earlington and running thence Westerly a
distance of 1250 feet to a point on the Northerly line of said right-of-way of the Chicago, Milwaukee
and St. Paul Railway Company and Pacific Coast Railroad Company, said point being at right angles to
the centerline of the main tracks of the Pacific Coast Railroad Company (Burlington Northern and Santa
Fe Railway Company), at a point therein distant about 2050 feet Westerly, measured along the
centerline ofthe main track of the Pacific Coast Railroad Company (Burlington Northern and Santa Fe
Railway Company), as now located along said right-of-way, from the intersection of said centerline with
the East line of said Section 13;
Situate in the City of Renton, County of King, State of Washington.
The following copies of documents are number-tabbed io correlate with
the special exception numbers set forth in the preceding Subdivision .
Guarantee issued by Transnation Titie.
~~? 15-, 191~ 11
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\ I
DEVELOPMENT AGREEMENT
PARTIES
This aleement (til "Development Agreement" or "Agreement") is made and entered
into this ~ day of u.~. 2003, by and between the CITY OF RENTON
("City"), a municipal corporation of the State of Washington, and SR 900 LLC., a Washington
limited liability company, the owner of the parcels of property within the area covered by this
development agreement ("Owner").
RECITALS
WHEREAS, a proposal has been made for a Comprehensive Plan Land Use Map
amendment and Zoning Map amendment of the Owner's property that is legally described as
follows (the "Property"): .
That portion of Government Lot 7 and the Southeast quarter, both in Section 13,
Township 23 North, Range 4 East, W.M., in the City of Renton, King County,
Washington, lying southerly and southwesterly of the southerly right-of-way
margin of Martin Luther King Junior Way (SR 900, SW Sunset Blvd., Primary
State Highway No.2), easterly of the west line of said Government Lot 7, and
northerly of the northerly right of way margin of Pacific Coast Railroad
(Burlington Northern Railroad) right of way;
EXCEPT that portion of said Southeast quarter lying southerly of a line beginning
at the northwesterly comer of Lot 15, Block 13 of the plat of Earlington Addition,
as recorded in Volume 14 of Plats, page 7, records of King County, Washington,
and ending said line a distance of 1250 feet westerly at a point on the northerly
right of way margin of the Pacific Coast Railroad (Burlington Northern), said
point being at right angles to the centerline of the main tracks of said Pacific Coast
Railroad at a point therein distance about 2050 feet westerly, as measured along
DEVELOPMENT AGREEMENT --Page 1
--.. \
) \ i
said centerline of the main tracks as now located along said right of way, from the
intersection of said centerline with the east line of said Section 13; and
EXCEPT that portion of said Government Lot 7 and said Southeast quarter lying
southerly of the southerly line of vacated Beacon Coal Mine Road and westerly of
the northerly projection of the west line of Adjusted Lot 1 of City of Renton Lot
Line Adjustment No. LUA-92-070-L~ recorded under King County Recording
No. 9205219005, records of King County, Washington.
WHEREAS, the City has assigned City File Nos. LUA 01-164 and 2003-M-8 to the
proposal; and
WHEREAS, the owner seeks to have the Property, which is approximately 26.1 acres in
size, given a Residential Options (RO) Land Use Map designation and Residential-l0 Dwelling
Units Per Acre (R-10) zoning.
WHEREAS, the Owner is willing to have the City grant the requested comprehensive
plan designation and zoning subject to this Development Agreement that would embody the
site-specific restrictions that are set forth in Section 3, below.
WHEREAS, staff members of the City's Department of Economic Development,
Neighborhoods and Strategic Planning and of the City's Department of
PlanningIBuildinglPublic Works have reviewed the Site-Specific Restrictions and concur that
they are appropriate;
WHEREAS, the Planning Commission held a public bearing concerning the proposed
Comprehensive Plan Map Amendment and Zoning Map Amendment on October 15,2003; and
WHEREAS, the City Council adopted a Planning and Development Committee report
on NOJ/eMbu ~1 ,2003;
WHEREAS, this Development Agreement has been presented at a public bearing before
the City Council held on November 17,2003; and
WHEREAS, the City Council has taken into account the public comment presented at
that public bearing; and
WHEREAS, this Development Agreement bas been reviewed and approved by the City
Council ofthe City of Renton, Washington; and
WHEREAS, this Development Agreement appears to be in the best interests of the
citizens of the City of Renton, Washington;
NOW, THEREFORE, the parties do agree as follows:
DEVELOPMENT AGREEMENT --Page 2
J
SECTION 1. AUTHORITY
Pursuant to RCW 36.70B.170(I), the City and persons with ownership or control of real
property are authorized to enter into a development agreement setting forth development
standards and any other provisions that shall apply to, govern, and vest the development, use,
and mitigation of the development of the real property for the duration of such development
agreement
SECTION 2. SUBJECT PROPERTIES
A. Illustrative Map: The drawing attached hereto as Exhibit A graphically depicts the
Property.
B. King County Property Identification Numbers: The following Jist indicates the King
County Property Identification Numbers applicable at the time of this Development
Agreement: 132304-9006-09 and 132304-9010-03.
SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING
SUBJECT TO SITE-SPECIF1C CONDITIONS:
A. Site-Specific Restrictions. The parties hereby agree that the following site-specific
conditions (the "Site-Specific Restrictions'') shall apply to the Property in conjunction
with the. Comprehensive Plan Land Use Map Designation described in subsection B,
below, and in conjunction with the Zoning Classification described in subsection C,
below:
(1) The maximum number of residential wits that may be pennitted on the
Property shall be 69 units and all of such units shall only be single-family
detached units on individual residential lots;
(2) In conjunction with residential development of the Property a minimum
6-foot high fence shall be constructed along the south side of the
development for the entire length of the development (i.e., from the west
edge of the southerly projection of the westerly-most residential lot to the
east edge of the southerly projection of the easterly-most residential lot),
which fence may lie either north of or south of stonnwater facilities
anticipated to be constructed along the southerly portion of the site and
along the RC-zoned strip of land owned by Owner that is legal1y-
described in the second "EXCEPT that portion ... " paragraph of the
Property's legal description set forth on pages I and 2, above; and
(3) No residential or recreation buildings may be constructed on the Property
within 100 feet of the Burlington Northern and Santa Fe Railroad right-
of-way that lies to the south of the Property.
DEVELOPMENT AGREEMENT-Page 3
_J __ J
B. Comprehensive Plan Land Use Map Designation: The parties agree that, subject to
the Site-Specific Restrictions set forth above, the Property shall have a Residential
Options RO) Land Use Map designation.
C. Zoning Classification: The parties further agree that, subject to the Site-Specific
Restrictions set forth above, the Property shall have a Residential-l 0 Dwelling Units Per
Acre (R-IO) zoning classification.
SECTION 4. TERMINATION OF PRIOR DEVELEOPMENT AGREEMENT
That certain prior development agreement pertaining to the Property recorded under
King County Recording No. 20001013000484 is hereby terminated and shall be of no further
force or effect.
SECTION s. EFFECT OF THIS DEVELOPMENT AGREEMENT
Unless amended or terminated, this Development Agreement is enforceable during its
term by a party to this Development Agreement; provided. however, only the City may enforce
the Site-Specific Restrictions. Development of the Property shall not be subject to a new zoning
ordinance or an amendment to a zoning ordinance or to a development regulation or standard
adopted by the City after the effective date of this Development Agreement unless (a) otherwise
provided in this Development Agreement or (b) agreed to by the owner(s) of any of the
portiones) of the Property to which such new zoning ordinance or an amendment to a zoning
ordinance or development regulation or standard shall apply or (c) in the case of a new or
amended development regulation the regulation is one that the City was required to adopt or
amend because of requirements of state or federal law. Any development permit or approval
issued by the City for the Property during this Development Agreement's term must be
consistent with this Development Agreement.
SECTION 6. AUTHORITY RESERVED
Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or
different regulations to the extent required by a serious threat to public health and safety.
SECTION 7. RECORDING
Pursuant to RCW 36.70B.190, this Development Agreement shall be recorded with the
real property records of King County. During the term of the Development Agreement, the
agreement is binding on the parties and their successors.
DEVELOPMENT AGREEMENT--Page 4
SECTION 8. TERM
This Development Agreement shall run with the Property until amended or rescinded by
the City Council in accordance with Section 9, below. With respect to any portion(s) of the
Property that are not developed, the parties to this Development Agreement agree to evaluate
the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic
review of the Development Agreement shall generally coincide with the City's evaluation of its
entire Comprehensive Plan.
SECTION 9. AMENDMENT
The provisions of this Development Agreement, before the expiration of ten (10) years
from the date of execution of this Agreement by all of the parties, may only be amended with
the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of
the Property shall be entitled to amend the Development Agreement from time-to-time (with the
consent of the City) as it relates to their particular portion(s) of the Property. After ten (10)
years, the City may change the zoning and development regulations pertinent to the Property as
part of its nonnal process of alteration to its Comprehensive Plan, Zoning and Development
Regulations.
DATEDthis IOtA dayof D~ ,2003.
DEVELOPMENT AGREEMENT --Page 5
CITY OF RENTON
By: b. ,;4.¥'n/
Jesse er, Mayor
Attest: /&-nAtL£,·.J Ldaf.:trTv
Bonnie Walton, City Clerk
Approved as to Form:
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
~\
J
SR 900 L.L.C., a Washington limited Uability
company
By: Gary M. and Donna M. Merlino
Family T st No. 1 ulald 8/9/90, its member
. .
By: G.u:rnX\1. I ~ 1 nO
Dionne Merlino, Trustee
By: Donald J. and Joan P. Merlino
Family Trust No. 1 U/ald 8/9/90, its member
By: S 1&. (J. ;vQ~
Steven A. Merlmo, Trustee
B~ chael J. Mer IDO, Trustee
I certify that on the / (J ~~ day of ()4<.c~,-, 2003 JESSE TANNER
appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton,
the Washington municipal corporation that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said City for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute such
instrument, and that the seal affixed, if any, is the corporate seal of said City.
Dated: (";)..&0 los
I I ~D-~ Ign ure
N a'f"A/2-y
DEVELOPMENT AGREEMENT--Page 6
.. STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that GREGG MERLINO is the person who
appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as a trustee of GARY M. AND
DONNA M. MERLlNO FAMILY TRUST NO. 1 UI AID 8/9/90 in its capacity as a member of
SR 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such
limited liability company for the uses and purposes mentioned in the instrument. .
""""''\\'''' ...... '-' D~'"
Dated.' \" lei ,,"-. : .... ~ .: ...... ~~t" -....:::--IJ=-:;J-I-'u ... <o<....------~;~,.,.;;sr,~ .. "3I~···~~ss'o~:t:~:1Q '~
# ··o",r '-t;. -. (p ~ ~oJ\. f)'~YZ~ ::"eJ NOr~J9 ~'~7 ~ _r. I ~ 1$ : _ ')-~h ! ~S1.:~i--a~--~----------------'~~~~:--~--·' 0: s ~ A \ U8ue ! ; ....!.~D~~~~-G ____ ~N~o~t=ruy~P~u=b~h~·c~ ____ ~~~~~·~~n~~ /~ : ~ 'I ~ ··t-9·07 .... 0 .... : Title f I I" O~ • ••••••••• r:,~ .. .. .5 ~" '1-"" WAS"'\~ ...... .. __ ~~~~D~r ____________________ ~"~.,~,S""~~~
My Appointment Expires
STATE OF WASHINGTON)
) S8.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that DIONNE MERLINO is the person who
appeared before me and acknowledged that she signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as a trustee of GARY M. AND
DONNA M. MERLINO FAMILY TRUST NO.1 U/AID 8/9190 in its capacity as a member of
SR 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such
limited liability company for the uses and purposes mentioned in the instrument.
Dated: _....;.I_,./1-"-6-'-/=D~"'__ ______ _
Signatur
____________ ~N~o=twy~P~u~b~li~c __________ _
Title .5'[ ~ 101-
My Appointment Expires
DEVELOPMENT AGREEMENT --Page 7
)
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that STEVEN A. MERLINO is the person
who appeared before me and acknowledged that he signed the instrument. on oath stated that he
was authorized to execute the instrument and acknowledged it as a trustee of DONALD J. AND
JOAN P. MERLINO FAMILY TRUST NO.1 U/AID 8/9/90 in its capacity as a member ofSR
900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such
limited liability. company for the uses and purposes mentioned in the instrument.
Signature
........... , """"'\"" .. -." ~'( M.O' I •• , ~ tl ........ AI~·", ;' '··o·~MISSi.O···:'¥.A 'I, .-·'0 ~'.~ I. ! ~ .... NO!: ~~-'O ~ I -' : .... 4_ .,,~ fJ) ~ , ..... • A _ "')'. -. _ '"
Dated: __ ....... r2""""+' .. /!)~-"""'1 D;...o:2'---______ _
__________ ~N~ot=my~~P~ub~l==ic ____________ _ , >.. ~ ...... '-:z!'''''''' ~ ~ ~ v~' [PI: -~ ~ '" "'.6 'I..,C "'I ! 'O··V~ .--"1 :;(\ ··!J·07 •• ,.:
, b,'· .' -'. 7..t .......... O~ --"" .... SHING~ ~ .. -""""~,,,,,,, ..... ,..,,,,,
Title
My Appointment Expires
STATE OF WASHINGTON )
) 55.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that MICHAEL J. MERLINO is the person
who appeared before me and acknowledged that he signed the instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as a trustee of DONALD 1. AND
JOAN P. MERLINO FAMILY TRUST NO.1 U/ AID 8/9/90 in its capacity as a member of SR
900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such
limited liability company for the uses and purposes mentioned in the instrument.
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DEVELOPMENT AGREEMENT--Page 8
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M.L. KING JR. WA
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RECORD OF SURVEY
: ... APORTION OF THE S 1/2 OF SECTION 13, TOWNSHIP 23N, RANGE 4E, W.M.
,/ .. : .:'/...... CITY OF RENTON AND, KING COUNTY, WASHINGTON
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SURVEYOR'S CERTIFICATE
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LAND SURVEYOR'S CERTIFICATE: ~ Barghausen ..• : ::. SQUTH"·1/~: 13-23N-4E
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" .A.PORTION OF THE S 1/2 OF SECTION 13, TOWNSHIP 23N, RANGE 4E, W.M.
.-:' @ .J''',::: CITY OF RENTON AND, KI.NG COUNTY, WASHINGTON
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ITAT. 1111. tNF'ORMATtoM rAO .. STATE OF "'-SHHGTON ROAD fIIO. Z RENTON TO SEAT rUi WEST SJ)[ f'AVlNG, kING COUHTY ICQNTflACT foiD. 19991 At'PROVEO
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' 115 aT'TI tel7 • INfORMATION FROM STATE OF .~GTON z® ~:~T:DT~!r\E[ I~TER:g:-ON~~4~1H.';.~~:DY'
.',',.. L!, ,Ie OCT. 4, 1927 SHEETS Z,34 AND 5 OF 10.
all Di'AL ,-I ,,', •• ~., .., /: : I-f-f 7' ~li.~st:,T,!"N UWlT FROW .". COUNTY
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Flied lor record 11'111 __ day of ___ I t993.. ot
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SURVEYOR'S CERTIFICATE Barthausen·: .... .':" £ULj'tH. f/2' '13-Z'3N-4E SHI / ........ ~:)' t~=t~ ~~~~nc. MERt~o C;ONS1:" co. i!fc. .3: . ';::.:'
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'TAT, 1.' •• INFORWATJON FROW STATE OF .SHHGTOH ROAD NO.2 RENTON TO S£ATTU nST SU ".V"G, I(ING COUNTY (CONT"ACT NO. l&tll "'P~()\I[l) HOY. 2~ 1933 SHEEn 3," AND , OF 9
nAT. '.27 -tFORW.TJON '-RO .. STArE OF IU.SHlNGTON ""P' AHa PItOFLE OF STA.TE "OAo NO.2, K"CO COLWTY.
RENTON TO SUTTL[ lCON'''ACT NO. 138041 ~ED OCT .• , 1lJ2:1 stftETS 2:,3,4 .ft.,., ~ M 10
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RECORDING CERTIFICATE: IILAND SURVEYOR'S CERTIFICATE: arghau~en . :'. "'$OUTH,'1/;2"13:::"2:3N'c-4E . S~T~/ ~tO"d1ng No. 1tJ1/~J..lIf_l TIlII ftC! 'err.cth ' • .,.mllu • MU'I ••• , b~ ....... WIll", II, Consul tIn En Ineers. In.C. SVA\"{f r~ •• ":' .' . .,'.,.. .:.'
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Recording No. './21&., • .,., __ . _. _
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LAND SURVEYOR'S CERTIFICATE:
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WASHINGTON
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l."" '1I1I1'I.lft .. SI.I~."I", C EnI~"'lrt~1 Sftchlhtt "::. t~"~.r.~.Vfl·b .... :9·r"Istru:s-t 1 o !'I ~"O" ... nc... ".::..!3
1821S 12~d .. , ... ~, Sa"t~· J(tflt. WI.. 9803~ :206) 251-6222 9125 10th AvenOe Sout·!i .-.,
ETC SeatUe-:·\,A. .>18104 .. / .:·OF
",,,,,, .. ""~::;" "".1" KING eei:;' WASHINGTON" 6.:
r,;-.::=:.:y:.-.: -.--:~---.:;:...
.......
HIG HPO INTE{ A. K. A GREENFIELD 1)/ HIGHPOINTE II{A.K.A.
LOT LINE ADJUSTMENT
( GREENFIELD II)
FILE NO. LUA-04-005-LLA
LAND RECORD NO. LND-30-0276
A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC. 04, TWP. 23N., RNG. 5E. W. M.
DECLARATION: CITY OF RENTON, KING COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE LAND HEREIN
DESCRIBED DO HEREBY MAKE A LOT LINE ADJUSTMENT THEREOF PURSUANT TO RCW 58.17.040
AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT
SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF
THE OWNER S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
II
.......
ACKNO WLEDG EMENTS:
STATE OF WASHINGTON )
COUNTY OF) J.f~ ~ )SS
ON THIS ~. DAY OF Ar~' 2004, BEFORE ME. THE UNDERSIGN~ A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED KOLIN B. TAYLOR,
PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE
THE PRESIDENT, OF HIGHPOINTE DIVISION II HOME OWNERS ASSOCIATION. A WASHINGTON CORPORATION.
THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT THEY ARE AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
ACKNO WLEDG EMENT:
STATE OF WASHINGTON )
COUNTY OF I'PV ) ,...~~ )SS
ON THIS ~ ~ DAY OF
THE UNDERSIGN~TARY PUBLIC A~ , 2004, BEFORE ME. NANGa THE StATE OF WASHINGTON,
DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TOM STEADMAN TO ME
PERSONALLY (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO
BE THE BENCHMARK CONSTRUCTION LTD, A WASHINGTON CORPORATION, THE C EXECUTED THE WITHIN A FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USES AND THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
I I
HERETO AFFIXED THE DAY AND YEAR IN THIS
~a;A~~(;~T .~:: OF WASHINGTON. RESIDING IN ___ ~~ MY COMMISSION EXPIRES:~,=~.Ii~G~~~
~"~~f,T €':Ay~V2£
o
I
West 1/4 corner of
Section 4, TownshiP 23N, Range 5E, 3" brass disk with "X", incased. City of Renton '369.
.,..,
(l)
"-l!1
(\J
North 1/4 corner of Section 4, Township
23N, Range 5E, found tack in lead
_~g~'E.:~~4_' -----13
East 1/4 corner Of~ ~ Sec t1 on 4, Townsh i p
23N. Range 5E. I . found monument. oq-incased r..:I 0
Southeast corner of Section 4, Township 23N. Range 5E, found 2" disk with punch.
Z I ~ ! I: o ~ I ~
I _ SEtOllTH ST
incased. City Of~ I 0 I Renton '159. •
1000 South 1/4 corner of g
•••••• , Sectlon <t. Town~h1p I __ I 23N, Range 5E. found '\ 5 .,." .," with "X". Bl'l'I .\
1" ~----_ EiJ i1]
9 S89 ·00'23"E 2625.58-'-------~o
Northeast 12th Street
Legend:
~ Monument found as noted.
Visited August 7, 2001.
APPROVALS:
I 'i~ '/ EXAMINED AND APPROVED THIS ZW DAY OF ---<Ar..J.fMf!..!.W".:...' .L ____ 2004.
I~.d.i u.JJtt ~ 6"~t~ Z! .... ~~....,(.(.,
CITY OF RENTON ADMINISTRATOR OF PLANNING/BUILDING/PUBLIC WORKS
KING COUNTY DEPARTMENT OF ASSESSMENTS:
EXAMINED AND APPROVED THIS DAY OF _______ 2004.
KING COUNTY ASSESSOR DEPUTY ASSESSOR
LEGAL DESCRIPTION:
I.DT 4
LOT 4. OF HIGHPOINTE (A.K.A. GREENFIELD I), ACCORDING TO THE SHORT PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY, WASHINGTON.
I.DT IS
LOT 5, OF HIGHPOINTE (A.K.A. GREENFIELD I), ACCORDING TO THE SHORT PLAT THEREOF,
RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY, WASHINGTON.
I.DT 8
LOT 6, OF HIGHPOINTE (A.K.A. GREENFIELD Il. ACCORDING TO THE SHORT PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY. WASHINGTON.
TRACT B
TRACT B. OF HIGHPOINTE DIVISION II (A.K.A. GREENFIELD II), ACCORDING TO THE PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030905000018. IN KING COUNTY. WASHINGTON.
VICINITY MAP
1/4 mile = 1"
BASIS OF BEARING:
TRUE NORTH. BASED UPON GLOBAL POSITIONING SYSTEM (GPSl
LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINATES. A
CONVERGENCE ANGLE OF 0·59'56.822" COUNTER-CLOCKWISE WAS
APPLIED AT AN "X" SET IN A 3" DIAMETER BRASS DISK IN A
MONUMENT CASE AT THE INTERSECTION OF NORTHEAST 12TH
STREET AND MONROE AVENUE NORTHEAST. MONUMENT IS THE
SCUTH QUARTER CORNER OF SECTION 4, TOWNSHIP 23 NORTH,
RANGE 5 EAST OF THE WILLAMETTE MERIDIAN. THE NORTH
At~ERICAN DATUM OF 1983/1991 (NAD B3/91) GRID COORDINATES
WERE FOUND TO BE 186406.967 / 1308734.228 AT THAT POINT,
THE INVERSE OF BOTH THE SEA LEVEL CORRECTION FACTOR OF
0,999984454 AND THE GRID SCALE FACTOR OF 0,999999424 WAS
APPLIED TO THE GRID COORDINATES FOR SHOWN GROUND DISTANCES.
RENTON CONTROL MONUMENTS:
CITY OF RENTON CONTROL POINT 1227. CONTROL POINT 1227 WAS FOUND
TO HAVE A LAMBERT GRID NORTH ZONE COORDINATE OF 163155,101 FT./
1298978.088 FT.BASED UPON THE NGS GRID.
A SECOND RENTON CONTROL POINT IS THE NGS CONTROL STATION "HAFF"
KNOWN AS RENTON CONTROL POINT IBB4 HAVING A GRID COORDINATE OF
179737.948 FT./ 1308391.960 FT.
INDEX DATA:
VOLUME/PAGE
RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: SE-SE 04, T23N, R5E, WM
Recording No. ________________ _
Filed for record this ___ day of _____ ~ 2004 at _:_
_.M. in book __ of Surveys at page __ at the request of
Stephen H Woods
Manager Superintendent of Records
ThIS map correctly represents a survey made by ~ or under my
directIon In conformance with the reqUirements of the SUrvey Recording
Act at the request of KBS Deyelopment Corp. in July. 2003.
&( .. "..,1
Certi f icate No, 38965
DRAWN BY:
DAre
~AI.l:
J K i eswetter
August 28, 2003
DNA
CHECKED BY: S Woods
lAyrr Sel BlA
DRAWING NA!m 1858
SURVEY FOR:
KBS Development Corp.
12320 NE 8th St., Su ite 100
Be llevue, WA 98005
KING COUNTY, WASHINGTON
SHEET 1 OF 2
HIGHPOINTE(A.K.A. GREENFIELD 1)/ HIGHPOINTE II{A.K.A. GREENFIELD II)
LOT LINE ADJUSTMENT
FILE NO. LUA-04-005-LLA
LAND RECORD NO. LND-30-0276
A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC. 04, TWP.
CITY OF RENTON, KING COUNTY,
23N., RNG. 5E. W. M.
WASHINGTON
VOLm.lE/PAGE
I
oK L
HIGHPOINTE DIVISION II \ 5' PRIVATE STORM \\ _Rel(~r-:_K_NA_O'",:,G_l_oE_o~_~_~_~_~LD_o_o_oIo_I~_8~~~8~~_.....JD:.,.R_A_IN_A .. GE!ASEMENT \
I
I
I
I \
o 30 SO
-, ---' __ .3
SCALE:
1" 30'
1 I S89·00'23"E 11808 2,t.:J r-r==15~UBLrc-- -~ t-..J~ ~ai S89-s2·tS"E
~ I I WATER EASEMENT I ~'. 23.70' '.
_, I ~ I I I h • 0
, I~II I ~\~~ C~
10' PRIVATE STORM fll I
DRAINAGE EASEMENT, 8 I l--I
z 1'1
---L
I
I
I
I
I
_~~~~_~~~~S8~9~·~OO~'~2~3~·E~15~1~,~67~'_·~~W~~~ ____ -L __ ~
15' PUBLIC---l , '-L-' 118 9 '
SEWER EASEMENT 1 1 0 t5 ,-, 6~Iv~el~Al~D ,1 ( -"~-6~~v~~1~Al~D I' ~ ki ,I UTILITY EASEMENT 62,'5" ';x:3
UTILITY EASEMENT--.-.I ~~ 1 ,I I 200' City of Se8ttle 9l\OLD ('0 ~~ I i 1 w, I 12:..1 I transmission line 0 LINE IJI ':j Ii e8sement Rec. No. ~
10'PRIVATE n ,13 -:;;1.13 '11 33350656:3664560 ~ 9 ~~:, tn 0
SEWER EASEMENT" I a, 8 I ~ 0 .. " -l c; ';:j
TO LOT 1. II fl 1.0 1 I ~ ~ m ~ p.
I
I
I
o ~ _ L ___ ! " ~ IOJ I I S89 ·00 ' 23" E I! ~ -~ \'"d
... tV ......
I 8 I I 66,00 '~ 53,67' 42. 40 ' .' ';. 1 ---r -- - --, I -1..1_ , ---- --'" w
26' PRIVATE 0.50 I I !i! ....
I
I
I
\
\
UTILITY EASEMENT~ ~!C!l'I . 0 . 0 I I ' 1 ~ ~... ,,) 0 'e "'i
\
\
\
\
\
\
\
\
DRIVEWAY AND I I I I w~ 0 ~ \'Z
~~ \'t ~() I 1 I I ~ ~ § : . z . ~ <)O\!~\~~()Q() II I I ~!l'I:= ~ ~~ OLD LI~ ~
\ 2S' EMERGENCY FIRE AND ~ SECONDARY ACCESS EASEMENT \ AREAS:
~\ ~\" ~~ t') II I f.--15· PUBLIC Ol 4 0 \0 PI
~~ ()~. REC. NO. 0 ~ ~. ..r.~. ~ II I I 20030722001385 0 ~ ~·~'\O 15' PUBLIC I Z
I
\
\ \ Old Square Ft. Acres
Lot 4: 4890 0.112
Lot 5: 5960 0.137
Lot 6: 6520 0.150
Tract B: 7800 0.179
~\\G v~~ ~d't L-II I I WATER EASEMENT ~ C3122J LOT A ~,:" \~
\:~. ",' SEWER EASEMENT II fl lIP I 10' UTILITY ~eC' ~ij530~g2001386---11 g D:: I I 2S' PRIVATE EASEMENT
\
I
\ \
\
Total: 25170
New Square Ft.
Lot A: 9490
Lot 8: 7840
Lot C: 7840
Tota I: 25170
0.578
Acres
0.218
0.180
0.180
0.578 4
~South 1/4 corner of Section 4. Township
23N. Range 5E,
found 3" brass disk
with "X"
SURVEYOR'S NOTES:
1)
2)
3)
4)
5)
6)
7)
The monument control shown for this site was accomplished
by field traverse utiliZing a one (1) second theodolite
with integral electroniC distance measuring meter
(Geodimeter 600) and Real Time Kinematic (RTK) / StatiC
Global Positioning System (GPS). Linear and angular
closure of the traverses meet the standards of WAC 332-130-090. .
Full reliance for legal descriptions and recorded
easements have been placed on the title reports from
Chicago Title Insurance Company Commitment order Nos.
1117148, dated January 21. 2004 and 1117149, dated January 9. 2004. No additional research has been attempted,
Offset dimensions shown hereon are measured perpendicular
to property lines.
This survey represents physical improvement conditions as
they existed August 28, 2001. the date of this field survey.
Lots A, B I!i: C are subject to the Declaration of Covenants,
Conditions & Restrictions for Highpointe Divison II per
Rec. No, 20030905000019,
Lots A, 8 & C are subject to an agreement with the City of
Seattle for use of the transmission line per Rec. No. 20030214001681.
Lots A. B & C are subject to Olympic Pipeline easements
per Rec, Nos. 5704032. 5850378 & 7301150404. Said easements
are not suffiCiently described to determine exact locations.
Therefore they have not been shown hereon.
4-l 13 ~ I 13' LL..8n~~~~Y E:~MENT L
1.50' f--I '--__ I -- -
I I 8 55.03' ~-----59,76'
1553.81 '
;... 0 <:,
S8g·00'23"E ~1.\114'79' NEW
.... 1 0
plci (T) 01(1")
30' 30'
I
AQUIFER PROTECTION NOTICE:
The lots created herein fall, within zone 2 of renton aquifer
protection area and are subject to the requirements of the
. o ....
,
-I-
I
\
LEGEND:
Southeast corner of Section 4. Township 23 North, Range 5
East. found disk
with pun~.sed
QIJ = Monument found as noted. Visited August 7. 2001.
• = Set *4 rebar with yellow plastic cap stamped .. 22338/38965".
City of Renton Ordinance No. 4367 and as amended by Ordinance No. 4740. this City'S sale source of drinking water is supplied
from a shallow aquifer under the City surface. There is no
natural barrier between the water table and ground surface.
Extreme care should be exercised when handling of any liquid
substance other than water to protect from contact with the
ground surface. It is the homeowners responSibility to protect the City'S drinking water.
~ -ADDRESS NUMBER
• Centre 33639 9th Avenue South
•
Federal Way, WA. 98003
P · t (253) 881-1901 ~ ~ orne
f Surveying
DRAWN BY: J Kieswet ter cm:cm BY: S Woods
DAn:: August 28. 2003 La",r Set: 8LA ElCPI1'I£5 5-23-2005
1" -30 ' DRAWING Nill: 1858
INDEX DATA:
SE-SE 04, T23N, R5E, WM
SURVEY FOR
KBS Development Corp.
12320 NE 8th St., Su i te 100
Bellevue. WA 98005
KING COUNTY, WASHINGTON
SHEET 2 OF 2
HIGHPOINTE{A.K.A GREENFIELD 1)/ HIGHPOINTE
LOT UNE ADJUSTMENT
II{A. K A. GREENFIELD II)
DECLARATION:
A PORTION OF THE
CITY OF RENTON,
FILE NO. LUA-04-005-LLA
LAND RECORD NO. LND-30-0276
SE 1/4 OF THE SE 1/4 OF SEC.
KING COUNTY,
04, TWP. 23N., RNG. 5E. W. M.
WASHINGTON
KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE LAND HEREIN
DESCRIBED DO HEREBY MAKE A LOT LINE ADJUSTMENT THEREOF PURSUANT TO RCW 58.17.040
AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT
SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF
THE OWNER S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
II
ACKNO WLEDG EMENTS:
STATE OF WASHINGTON )
COUNTY OF A~) A~ ue3 )SS
ON THIS ~. DAY OF Arlk' 2004. BEFORE ME. THE UNDERSIGN~ A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED KOLIN B. TAYLOR,
PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE
THE PRESIDENT, OF HIGHPOINTE DIVISION II HOME OWNERS ASSOCIATION. A WASHINGTON CORPORATION.
THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USES AND THE PURPOSES THEREIN MENTIONED.
AND ON OATH STATED THAT THEY ARE AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORA T ION.
WITNESS ~~~D AND SEAL CERTIFIC~~~~ ~~f.TTEN.
--O· lJ " --~ ,'''''''''' \S' ... " .: A,;: 00'-iii tt;;, ~',
: ~ 0° .... ~,,"P ~ , -~\ .......... 'iii; ,
; ~-IIt : ~ .,,, .. '" , , , " ~ -" "'".. ~o .: I ~ II, r.. -I -~ \\,\\\" .lli..J -I ,.". .,,--'" .~ CF w, .. .':,'.· ---
'\\\\\\', ............ '-
ACKNOWLEDGEMENT:
COUNTY OF l'PJ4IoC )
STATE OF WA=~O~N l SS
ON THIS ~ ~ DAY OF ~11etJ-. 2004. BEFORE ME. THE UNDERSIGN~TARY PUBLIC ~NDwro~THE STATE OF WASHINGTON.
DULY COMMISSIONED AND SWORN. PERSONALLY APPEARED TOM STEADMAN TO ME
PERSONA~LIMY K O~N (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO
BE THE J----='iIltloF BENCHMARK CONSTRUCTION LTD. A WASHINGTON CORPORATION. THE CORPORA ION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
,
I ,
"
HERETO AFFIXED THE DAY AND YEAR IN THIS
~tfl~R~~~~.~
OF WASHINGTON, RESIDINI~~~I~Ii~~4~~4t:"~~~CJ MY COMMISSION EXPIRES:~ _____ _
t."~!f.T €':RY~V'W
West 1/4 corner of Section 4. Township 23N. Range 5E. 3" brass disk with "X". incased. City of Renton 1369.
If)
..-1
ID r-..
If)
C\J
ID ;1 :1
~Iio C\J (Yl
..-1 ......
North 1/4 corner of Sect ton 4. Township 23N, Range 5E, found tack in lead
sa9'19'27"E 5190.24'
--.------------~'~/4 '""., o,?'l'
Section 4, TownShip
23N. Range 5E. I . found monument. ~ incased ra1 0
% I ~
I _ SEtaeTli Sf
tOlo • to giN
0
1000 I
Southeast corner of Section 4, Township 23N. Range 5E, found 2" disk with punch, incased. City of Renton 1159.
~ I ~ ~ I:
APPROVALS:
I I
9
South 1/4 corner of Section 4. TownShip 23N. R~nge 5E, found
S89'00'23"E 2625.58'
Northeast 12th Street
Legend:
---~-~ = Monument found as noted.
Visi ted August 7. 2001.
2 ,0('" '/ EXAMINED AND APPROVED THIS ~ DAY OF ---JAu"/AD:.!.,,.:.-I'-____ 2004 .
IV~ u)J;t, -§n 6"~t~ Z''''M(i>r,.ttq..,
WORKS
KING COUNTY DEPARTMENT OF ASS~SS~ENTS: OF 17_~ IA1i!
EXAMINED AND APPROVED THIS Z7~ DAY Y"f'-"'I-""&,t!""""'-'-'------2004.
-IbMu~ $0++ Nab/fFL
KING COUNTY ASSESSOR OfPUTY ASSESSOR 04'2..30S-93c..~, qY.S,Q3b4 t 33Olgo-0140
LEGAL DESCRIPTION:
LOT <4
LOT 4. OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY, WASHINGTON.
LOT ~
LOT 5. OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF.
RECORDED UNDER. RECORDING NUMBER 20030722900010. IN KING COUNTY. WASHINGTON.
LOT "
LOT 6. OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF.
RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY. WASHINGTON.
TRACT B
TRACT B. OF HIGHPOINTE DIVISION II (A.K.A. GREENFIELD II). ACCORDING TO THE PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030905000018. IN KING COUNTY. WASHINGTON.
VICINITY MAP
1/4 mile = 1"
BASIS OF BEARING:
TRUE NORTH. BASED UPON GLOBAL POSITIONING SYSTEM (GPS)
LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINATES. A
CONVERGENCE ANGLE OF 0'59'56.822" COUNTER-CLOCKWISE WAS
APPLIED AT AN "X" SET IN A 3" DIAMETER BRASS DISK IN A
MONUMENT CASE AT THE INTERSECTION OF NORTHEAST 12TH
STREET AND MONROE AVENUE NORTHEAST. MONUMENT IS THE
SOUTH QUARTER CORNER OF SECTION 4. TOWNSHIP 23 NORTH.
RANGE 5 EAST OF THE WILLAMETTE MERIDIAN. THE NORTH
AMERICAN DATUM OF 1983/1991 (NAD 83/91) GRID COORDINATES
WERE FOUND TO BE 186406.967 / 130B73~.228 AT THAT POINT.
THE INVERSE OF BOTH THE SEA LEVEL CORRECTION FACTOR OF
0.999984454 AND THE GRID SCALE FACTOR OF 0.999999424 WAS
APPLIED TO THE GRID COORDINATES FOR SHOWN GROUND DISTANCES.
RENTON CONTROL MONUMENTS:
CITY OF RENTON CONTROL POINT 1227. CONTROL POINT 1227 WAS FOUND
TO HAVE A LAMBERT GRID NORTH ZONE COORDINATE OF 163155.101 FT./
129897B.08B FT.BASED UPON THE NGS GRID.
A SECOND RENTON CONTROL POINT IS THE NGS CONTROL STATION "HAFF"
KNOWN AS RENTON CONTROL POINT lB84 HAVING A GRID COORDINATE OF
179737.948 FT./ 1308391.960 FT.
INDEX DATA
VOLUME/PAGE
RECORDING CERTIFICArF.· LAND SURVEYOR'S CERTIFICATE: • Centre 33639 9th Avenue South 8) Federal Way, WA 98003 SE-SE 04, T23N, R5E, WM
Rf
Fi
Stl
CONFORnEO cOP~
~T'~!~o~~790.tn!15
PAGE01U OF 002 04/27/2004 tS:t6 KING COUNTY, I.IA
Manager Superintendent of Records
This map correctly represents a survey made by ~ or under my
direction in conformance with the require~ents of the Survey Recording
Act at the request of KBS Development Corp. in July. 2003.
~{b'~ ~~HYoOdS
Certificate No. 38965
EXPIRES 5-23-2005
PO · t (253) 661-1901 ----me
t Surveying
DRAWN BY: J Kieswetter CHECKED BY: S Wo 0 d S
DATE: August 28. 2003 layer Sel BLA
SCALI:: DNA DRAlJNG NAlIE: 1858
SURVEY FOR:
KBS Development Corp.
12320 NE 8th St.. Su i te 100
Bellevue, WA 98005
KING COUNTY, WASHINGTON
SHEET 1 OF 2
HIGHPOINTE(A.K.A GREENFIELD 1)/ HIGHPOINTE II(A.K.A. GREENFIELD II) VOLUVE/PAGE
LOT LINE ADJUSTMENT
FILE NO. LUA-04-005-LLA
LAND RECORD NO. LND-30-0276
A PORTION OF THE
CITY OF RENTON,
SE 1/4 OF THE SE 1/4 OF SEC. 04, TWP. 23N., RNG. 5E. W.M.
KING COUNTY, WASHINGTON
I
oK
AREAS:
o 30 60
-I ----1---1
SCALE:
1" 30'
9 L
HIGHPOINTE DIVISION II \ 5' PRIVATE STORM \\ I
I
I
\
__ R,~~r:_K_;_O''j'G_2R_O E_0~_~_~_~_5_\f_0_0~_I~_8~~~8~~~~D~R_A_IN_A .. GE!ASE.ENT \
k S89'OO'23"E 1l8.08
f
·_
g
S!co~S89"''''''8"E i,15-:PUBL~ - -lI'!;x I
~ I I "ATER EASEMENT "23.70' '.
I tfll I I 0
---L
I
I I ~ll : 5 '\~~ C~
u. 1 1 [2lB) LINE
10' PRIVATE STORM ~
DRAINAGE EASEMENT, gil--l zlll
__ ~~~~ __ ~~=:~SB=9_·_00~·~2~3~·E~t5~1~.~67_'_'N~E~"~=-~ ____ -L __ ~
15' PUBLIC---l / H-' 8 91'
SE"ER EASEMENT, / (, ~ / 6~Iv~:I~AI~ 11 . L.--<""'-6~~v~:I~AI~D ,/ ~ ki / 1 UTILITY EASEMENT 62.15' ';0
\
'ii LU, 1 12:.1 1 transmission line 0 LINE IJI !'j ,r eesement Rec. No. ~
\
\
UTILITY EASEMENT-,-j ~~ 1 ,/ 1 200' City ot Seettle g I\OLD CO ~~
10' PRIVATE n , 13 ':;:; 1.13 ', 1 3335065 & 3664560 ~ ~ ; ~ ~ to 0
SEWER EASEMENT" , in g , ~ . \.~ -.l C; ';3
TO LOT 1. " ~ ItO I ~ ~ m '2 p.-
I
I
I
, ~ _ L _____ ~ I, ~ lru
: 1 S;;';;O'2'''E l8 ~ -~ \t"d ---"~-r~~~~----~~----~--~~~--~-~----~~~ ~ , ~ 'I 66,00' (, 53,67 ' 42. 40' .' ~ 1 - - -r - - - - -11 -.LI_ r - - - - -'"'-NEW'" \V
26' PRIVATE 0.50 'I 2 . LINE ~
UTILITY EASEMENT~ . Z ~ 'C~ . . 0
I
I
\
, I 0 I . 'I;:~.... ,) 0 e 1'1 ~~ \) ~() " ~ I ~ I I 8:;§: . ~
\
I
Old Square Ft. Acres
DRIVEWAY AND 'I lral' I wW g ? ~ \~
<)o\'f~\~~()()() " ~ 1< 'I ~~~ ~ ~ ~\ ~\... ~'"' ') , I "0' f--15' PUBL IC en 4 \0 ~
C'\C') ,.... C! REe, NO. 0 t--. 1.-'V 1 I ~ I ~ 'I 2003072200 1385 ~ --'C~~~O' ~~~E~~~~MENT" ~ ,1 1 I
<lee, REC. NO. I, g 0:: I I 26' PRIVATE ~~ 20030722001386----I 0 ~ 13~ 113' !1..-8~I~I~~\!~EMENT
1.50' 1--' '----I -
",--_I __ 1 __
4890 0, 112
5960 0.137
6520 0.150
7800 0.179
25170 0.578
Square Ft. Acres
Lot 4:
Lot 5:
Lot 6:
Tract 8:
Tota 1:
~ 55.03' 59,76' New
Lot A: 9490 0,218 Cui. 114.79' NEW
"flO
S89 '00' 23"E LU \
Lot B: 7840
Lot C: 7840
Tota 1: 25170
0.180
0.180
0.578 4
~South 1/4 corner of Section 4. Township
23N. Range 5E.
found 3" brass disk with "X"
SURVEYOR'S NOTES:
1) The monument control shown for this Site was accomplished
by field traverse utiliZing a one (1) second theodolite
with integral electroniC distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / StatiC
Global Positioning System (GPS). Linear and angular
closure of the traverses meet the standards of WAC
332-130-090.
1553,81'
1
30'
AQUIFER
30'
I
PROTECTION
;... 0 0
?Ici (T') ol(\")
NOTICE:
\0 Ul
o ...
\
\
\
\
\
\ 26' EMERGENCY FIRE AND
~ SECONDARY ACCESS EASEMENT
\
\
\
I
I
I
I
-I-
I
\
LEGEND:
\
\
\
\
\
\
\
\
Southeast corner of
Sect ion 4. Townsh ip
23 North. Range 5
East. found disk
with pun~a5.d
4 3
2) Full reliance for legal descriptions and recorded easements have been placed on the title reports from Chicago Title Insurance Company Commitment order Nos.
1117148. dated January 21. 2004 and 1117149. dated January
9. 2004. No additional research has been attempted.
The lots created herein fall within zone 2 of renton aquifer
protection area and are Subject to the requirements of the
City of Renton Ordinance No. 4367 and as amended by Ordinance
No. 4740. this City's sole source of drinking water is supplied
from a shallow aquifer under the City surface. There is no natural barrier between the water table and ground surface.
Extreme care should be exercised when handling of any liquid
substance other than water to protect from contact with the ground surface. It is the homeowners responSibility to protect the city'S drinking water.
~ = Monument found as noted. Visited August 7. 2001.
• -Set '4 rebar with yellow plastiC cap stamped
3) Offset dimensions shown hereon are measured perpendicular
to property lines.
4) This survey represents phYSical improvement conditions as
they existed August 28. 2001, the date of this field
survey.
5) Lots A. B t:; C are subject to the Declaration of Covenants,
Conditions t:; Restrictions for Highpointe Divison II per Rec, No, 20030905000019.
6) Lots A. B t:; C are subject to an agreement with the City of Seattle for use of the transmission line per Rec, No, 20030214001681.
7) Lots A. B t:; C are Subject to OlympiC Pipeline easements
per Rec, Nos. 5704032. 5850378 & 7301150404. Sa id easements
are not suffiCiently described to determine exact locations.
Therefore they have not been shown hereon.
" 22338/38965".
~ -ADDRESS NUMBER
• Centre 33639 9th Avenue South
(I) Federal Way, WA 98003
P · t (253) 661-1901 ~ ~ orne
t Surveying
DRAWN BY: J Kieswetter CHECKED BY: S Woods
OAt!: August 28. 2003 IAJI!T Set: BLA
1" =30' DRAlING NAIlE: 1858
INDEX DATA:
SE-SE 04, T23N, R5E, WM
SURVEY FOR:
KBS Development Corp.
12320 NE 8th St .. Suite 100
Bellevue. WA 98005
KING COUNTY, WASHINGTON
SHEET 2 OF 2
I ,.
WHEN RECORDED RETURN TO:
Office of the City Clerk
nr.'nton City Hall
• 1""i5 South Grady w.y
'",,., WA MOe'"
RIG RPO INTE{ A. K. A. GREENFIELD I) / RIG HPO INTE
LOT UNE ADJUSTMENT
FILE NO . LUA-04-005-LLA
II{A. K.A. GREENFIELD
LAND RECORD NO. LND-30-0276
A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC. 04, TWP. 23N., RNG. 5E. W. M.
DECLARATION: CITY OF RENTON, KING COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE LAND HEREIN
DESCRIBED DO HEREBY MAKE A LOT LINE ADJUSTMENT THEREOF PURSUANT TO RCW 58.17.040
AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT
SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF
THE OWNER S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
LIN B.
RESIDENT-I INTE DIVISION II HOME OWNERS OCIATION.
A :?~~TrRAZ ""-T~~ Il.
BENCHMARK CONSTRUCTION LTD. A WASHINGTON CORPORATION
ACKNOWLEDGEMENTS:
STATE OF WASHINGTON )
o
I
West 1/4 corner of Section 4. Township
23~ Range 5E. 3" brass disk with "X". incased. City of
Renton '369.
Lfl ....,
CD r--..
Lfl
(\J
North 1/4 corner of Section 4. Township 23N. Range 5E. found tack in lead
__ S89~·E:..~~4_· ____ ~3
East 1'4 corner Of~l' Section 4. Township
23N. Range 5E. I . found monument, ~ incased rill 0
Z I ~ !
:,
~I~
~,~ , ~ Southeast corner of ~ ,. (\J Section 4. Township 23N. Range 5E. found 2" diSk with punCh.
a I ~ o ~ I ~
Renton '159. 1000
'
incased. City of , Po
Soutl' 1/AI corner of .. _ •••• ~~~~~~I Sect Ion AI. Township I· U1
II)
'11----
~
,
_ !!Et06TH ST
VOLUME/PAGE
~ ISS
COUNTY OF ~~) A~
ON THIS ~. DAY OF Ar6;t . 2004. BEFORE ME. THE UNDERSIGN~ A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED KOLIN B. TAYLOR.
PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE
THE PRESIDENT. OF HIGHPOINTE DIVISION II HOME OWNERS ASSOCIATION.
~ I 23N. Range 5E. found .. 4S' o,-a" diSk with T, srn: I
kg' ------SJ-__ . __ !.t)
i ! ~ I==-~~~+---I 1"
A WASHINGTON CORPORATION.
THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USES AND THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT THEY ARE AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORA TI ON.
ACKNOWLEDG EMENT:
STATE OF WASHINGTON )
.,. ___ ~ )SS COUNTY OF ~ )
ON THIS ~ ~ DAY OF ~~J 2004. BEFORE ME. THE UNDERSIGN~TARY PUBLIC ~AND~~THE STATE OF WASHINGTON.
DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TOM STEADMAN TO ME
PERSONALLY K (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO
BE THE BENCHMARK CONSTRUCTION LTD. A WASHINGTON CORPORATION. THE EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR THE USES
AND THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY. IS THE CORPORATE SEAL OF SAID CORPORATION.
WITNESS ~\~\~t~D AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFIC~I.e.,&~~~:I~TEN-~'A A' c:;I\----_-~e:, "'''''''' 1I~"1 • ~ f ~~~~ 4;;~~~\ ~N ~AR~Y~PU&:B~L~IC~I""'!N~A~N~D~F"':~~R~TiH~E~~.~T~·~~.~,~ ~ <0 ~ ~ -U;s ~ ~~ ~~~~i~~Ig~· E~~Y~~~~~-..,c~u \\~;; .".!:ijfJ (..,.+,'s ~ <.Lvie£
'1" CFW"'':;\'\',_--PRINT NDTA·RY~
\ \, , ..............
--
S89'OO'23"E 2625.58' ~o
Northeast 12th Street
Legend:
= Monument found as noted.
Visited August 7. 2001.
APPROVALS:
I 1'" I EXAMINED AND APPROVED THIS Zip DAY OF -.JAU.,1I-9~V'.!...' L/ ____ 2004.
l~iJ uJ.ftt jn 6ft,. Z'I44MCi'~""t.C""
KING COUNTY DEPARTMENT OF ASSES~ENTS:
EXAMINED AND APPROVED THIS 2./~ DAY
KING COUNTY ASSESSOR
041."305 -Cj"3"~) Cf3G,Sj q3("q 4 DEPUTY ASSESSOR
330780-0140
LEGAL DESCRIPTION:
lDT 4
WORKS
2004.
LOT 4. OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030722900010, IN KING COUNTY. WASHINGTON.
1DT 5
LOT 5, OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF.
RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY. WASHINGTON.
lDT e
LOT 6, OF HIGHPOINTE (A.K.A. GREENFIELD I). ACCORDING TO THE SHORT PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030722900010. IN KING COUNTY. WASHINGTON.
TRACT B
TRACT B. OF HIGHPOINTE DIVISION II (A.K.A. GREENFIELD II). ACCORDING TO THE PLAT THEREOF. RECORDED UNDER RECORDING NUMBER 20030905000018. IN KING COUNTY, WASHINGTON.
VICINITY MAP
1/4 mile"" 1"
BASIS OF BEARING:
TRUE NORTH. BASED UPON GLOBAL POSITIONING SYSTEM (GPS)
LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINATES. A
CONVERGENCE ANGLE OF O'59·56.822" COUNTER-CLOCKWISE WAS
APPLIED AT AN "X" SET IN A 3" DIAMETER BRASS DISK IN A
MONUMENT CASE AT THE INTERSECTION OF NORTHEAST 12TH
STREET AND MONROE AVENUE NORTHEAST. MONUMENT IS THE
SOUTH QUARTER CORNER OF SECTION 4. TOWNSHIP 23 NORTH.
RANGE 5 EAST OF THE WILLAMETTE MERIDIAN. THE NORTH
AMERICAN DATUM OF 1983/1991 (NAD 83/91) GRID COORDINATES
WERE FOUND TO BE 186406.967 / 130B734.228 AT THAT POINT.
THE INVERSE OF BOTH THE SEA LEVEL CORRECTION FACTOR OF
0.999984454 AND THE GRID SCALE FACTOR OF 0.999999424 WAS
APPLIED TO THE GRID COORDINATES FOR SHOWN GROUND DISTANCES .
RENTON CONTROL MONUMENTS:
CITY OF RENTON CONTROL POINT 1227. CONTROL POINT 1227 WAS FOUND
TO HAVE A LAMBERT GRID NORTH ZONE COORDINATE OF 163155.101 FT./
1298978.088 FT. BASED UPON THE NGS GRID.
A SECOND RENTON CONTROL POINT IS THE NGS CONTROL STATION "HAFF"
KNOWN AS RENTON CONTROL POINT l8BAI HAVING A GRID COORDINATE OF
179737.948 FT./ 1308391.960 FT.
INDEX DATA:
RErORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: • Centre 33639 9th Avenue South
8) Federal Way, W A. 98003 SE-SE 04, T23N, R5E, WM
Aec CONFORMED COpy ...
Fil
Stf
Manager ::l'UVC' I .11'''' ..... __ .Js
ThIS map correctly represents a survey made by ~ or under my
dIrection in conformance WIth the requirements of the Survey Recording
Act at the request of KBS Development Corp. in JUly. 2003.
CertIficate No. 38965
P · t (253) 661-1901 ~ ..-Olne
t Surveying
DRAIN BY: J Kieswetter CHECKED BY: S Woods
DATE: lJIyer Set: August 28. 2003 BLA
SCALE: DNA DRAJING NAIIE: 1858
SURVEY FOR:
K8S Development Corp.
12320 NE 8th St.. Su i te 100
Be 11 evue. WA 98005
KING COUNTY, WASHINGTON
SHEET 1 OF 2
HIGHPOINTE(A.K.A. GREENFIELD 1)/ HIGHPOINTE II(A.K.A. GREENFIELD II) VOLUME/PAGE
LOT UNE ADJUSTMENT
FILE NO. LUA-04-005-LLA
LAND RECORD NO. LND-30-0276
A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC. 04, TWP. 23N., RNG. 5E. W. M.
CITY OF RENTON, KING COUNTY, WASHINGTON
I
K
AREAS:
Old
lot 4:
lot 5:
lot 6:
Trac t B:
Tota 1:
New
lot A:
lot B:
lot c:
Total:
o 30 60 , '---I
SCALE:
1" 30'
Square Ft, Acres
4890 0,112
5960 0.137
6520 0.150
7800 0,179
25170 0.578
Square Ft, Acres
9490 0.218
7840 0,180
7840 0.180
4 25170 0,578
-,
I
L H_I-1GIH_P_O_I"'iN_T_E_D_IVI_S_IO_N_I"",,::I~~:-::,:::~~~~~5L..'_P_R_I.VATECO') STORM \\ (A. K. A. GREENFIELD II) ~~ Rec. No. 20030905000018
I ~ __ S89·00'23"E r--~15' PUBLIC ----~ I I I WATER EASEMENT " 23.70' '.
l:g I I 0
~ 1 I 5 '\LOT C ~
I: I I I OLD :R
v, 'I rnBJ LINE
10' PRIVATE STORM ~
ORA INAGE EASEMENT, gil--l
z 1'1
---___ ,-~~~~ __ ~~~~S=89~·070~'2~3~·E~1~5~1.~6~7_'fN~EW~~~ ____ -J~~
\
\
\
\
-L
\
\
\
\
\
§~~E~U~~§~~' . b ~12' PRIVATE 118,91' I' 0 b ,-I DRIVEWAY AND ';0 6~~v~~1~Al~o I': ki 'I UTILITY EASEMENT 62.5' '~(l)
UTILITY EASEMENT----..I ~~ 1 " I 200' City of Seattle g~OLD CO p..
. I i 1 w, 1 12:....1 1 transmission line 0 LINE 11I !1 I t easement Ret. No. ~ ~
10' PRIVATE n II 13 ~ 1-13' I I 3335065 6: 366J1560 :... 9 -+ J 0 \II 0
SEWER EASEMENT" I a. ,g I I :' ~ 0 l:2 -l ~ P
l S89 '00' 23"E
\
TO LOT ,I. : I oz~ I~ II I IIml ~~~ ;_ \p..~
r -:-----___ ...I I-~~I-:--L~~~--~~t:-"';;"~~:-:~~--+--'::"" __ --.~{\) .....
I ~ I I 66. 00 ' S Jl2. JlO ' -' ~ 1
-- -, - - - - - 1 I -1. 1-r - - - - - -NEW '" ""
26' PRIVATE 0.50 I I ~ LINE ....
o
'I ...
\
\
\
\
\
\
\
UTILITY EASEMENT ~ ~~ . 0 ...J 0 . I I "I, 'I ~ ~ ~ ,) goo 'e ~ ~~ ~ C) II ~ I ~ I I g:~§ w -t:"" ~~ ~v\) ~C)'Y. II ~ 1< I I e~~ j... ;
\
;\\~~~~~\ 1.-~(j 'I II ~ I f--15' PUBLIC (Y') .At
'I.\\G G~~l"\~dl~ L II ~ I § I I WATER EASEMENT ~ ~ LOT A \;. ~ ~ C)V r-.. e REC. NO, 0 I( ,
.. 1~· ~ II ~ I I I 20030722001385 0
"-~'~O 15' PUBLIC OJ "0 I Z \.~' \~ , SEWER EASEMENT II ~ I cu I 10' UTILITY ~eC' ~6g30~22001386---11 g ~ I I 26' PRIVATE EASEMENT
-+l 13~ I 13' u-8~~~j~~\!~~MENT L
1.50' I--I '-__ I -_1---
I I ~ 55,03' U-.-_____ _
---
59,76' o ....
S89 ·00' 23"E W \ n.1. 114,79' NEW
'<flO
;.... 0 a
p I c:i (Y')
gl(Y') 1553,81 '
\
\
\
\
\ 26' EMERGENCY FIRE AND
~ SECONDARY ACCESS EASEMENT
\
\
\
\ ,
\
\
--\-
\
~South 1/4 corner of
Section 4, Township
23N, Range 5E,
found 3" brass disk
with "X"
Z I . . --------.. -"----'---
S89 '00' 23"E 2625, 58 \ :il
\ 1071,77' -t-.-
SURVEYOR'S NOTES:
The monument control shown for this site was accomplished
by field traverse utilizing a one (1) second theodolite
with integral electronic distance measuring meter
(Geodimeter 600) and Real Time Kinematic (RTK) / Static
Global Positioning System (GPS) , Linear and angular
closure of the traverses meet the standards of WAC
332-130-090,
) 30'
AQUIFER
30'
I
PROTECTION NOTICE:
Northeast \12th Street
\
LEGEND:
\
\
\
\
\
\
\
\
Southeast corner of
Sec tion 4, Townsh ip
23 North. Range 5
East, found disk
with pun~.sed
4 3
2) Full reliance for legal descriptions and recorded
easements have been placed on the title reports from
Chicago Title Insurance Company Commitment order Nos,
1117148. dated January 21. 2004 and 1117149, dated January 9. 2004. No additional research has been attempted.
The lots created herein fall within zone 2 of renton aquifer
protection area and are subject to the requirements of the
City of Renton Ordinance No, 4367 and as amended by Ordinance
No. 4740. this City's sale source of drinking water is supplied from a shallow aquifer under the City surface. There is no
natural barrier between the water table and ground surface. Extreme care should be exercised when handling of any liquid
substance other than water to protect from contact with the
ground surface, It is the homeowners responsibility to protect
the city's drinking water,
~ "" Monument found as noted_ Visited August 7. 2001.
• -Set *4 rebar with yellow plastic cap stamped " 22338/38965",
3)
4)
5)
6)
7)
Offset dimensions shown hereon are measured perpendicular to property lines.
This survey represents physical improvement conditions as
they existed August 28, 2001, the date of thIS field survey.
lots A, B & C are subject to the Declaration of Covenants. CondItions & Restrictions for Highpointe Divison II per
Rec. No. 20030905000019.
lots A. B & C are subject to an agreement with the City of
Seattle for use of the transmission line per Rec. No. 20030214001681.
lots A. B & C are subject to Olympic Pipeline easements
per Rec. Nos, 5704032, 5850378 & 7301150404, Said easements
are not sufficiently described to determine exact locations. Therefore they have not been shown hereon, EXPIRES 5-23-2005
~ -ADDRESS NUMBER
• Centre 33639 9th Avenue South
• Federal Way, WA 98003 P · t (253) 661-1901 ~ ..-om e
~ Surveying
DRAWN BY: J Kieswetter CHlCKlD BY: S Woods
DATE: August 28, 2003 Layer Set: 8lA
SCALI:: 1""30' DRAWING NAME: 1858
INDEX DATA:
SE-SE 04, T23N, R5E, WM
SURVEY FOR:
KBS Development Corp.
12320 NE 8th St" Su i te 100
Be 11 evue, WA 98005
KING COUNTY, WASHINGTON
SHEET 2 OF 2