Loading...
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 ---6 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 • 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 C:\DocumenlS and SettingslDefaultlLocal SeningslTemporary Internet FilesIContenl.IESIQ9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21/04 1 Master Declaration of CC&Rs t 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 c:1Documents and SettingslDefaultlLoca/ SettingslTemporary Internet FilesIContent.IESIG9S74VWZ\CC Rs (Highpointe) (TMB3223).DOC 04121104 11 Master Declaration of CC&Rs 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 , t 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. C:\DocumenlS and SeningslDefau!tlLocal SettingslTemporazy Internet FileslContenLIE5\G9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 2 Master Declaration of CC&Rs "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. C:lDocuments and SettingslDcfaultlLocai Seuings\Ternporary Internet Files\Content.IEs\G9S74VWZ\CC Rs (Highpointc) (TMB3223).DOC 04121104 3 Master Declaration of CC&Rs , , 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. C:\Documents and SettingslDefaultlLoca! Senings'Temporary Internet FilesIContent,IE5IG9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 4 Master Declaration of CC&Rs 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. C:\Documents and Settings\Defau!t\Local SettingslTemporary Internet FilesIContent.IE5I09S74VWZlCC R.s (Highpointe) (TMB3223).DOC 04/21104 5 Master Declaration of CC&Rs , , 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. C:\lJocuments and SettingslDefaultlLoca! SettingslTemporary Internet FilesIContenLIE51G9S14VWZ'.CC Rs (Highpointe) (TMB3223).DOC 04121104 6 Master Declaration of CC&Rs 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. C:lDocuments and SettingslDefaultlLocai ScttingslTemporary Internet FilesIContent.lE5\09S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 7 Master Declaration of CC&Rs , 1 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 C:lDocuments and SettingslDefaultlLocal Settings\Temporary Internet Files\Content.IE5\G9S74VWZ\CC Rs (Highpointe) (TMB3223).DOC 04/21104 8 Master Declaration of CC&Rs 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. C:\Docurnell1S and Settiogs\Defaultl.Local Settings\Temporary Internet Files\Content.IE5\G9S74VWZ\CC Rs (Highpointc) (TMB3223).DOC 04121104 9 Master Declaration of CC&Rs 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. C:lDocuments and SettingslDefaultlLocai SerungslTemporary Internet FilesIContent.IE5109S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 10 Master Declaration of CC&Rs 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 C;\Documents and SettingslDefaultlLoca! SettingslTemporary Internet FilesIContent.IE5IC9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 11 Master Declaration of CC&Rs 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 C:lDocuments and SettingslDefaultlLoca! SettingslTemporary Internet FilesIContent.IE5\09S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 12 Master Declaration of CC&Rs 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. C;\Documents and SettingslDefault\Locai Settings\Temporary Internet Files\Content.IESl09S74VWz\CC Rs (Highpointe) (TMB3223).DOC 04/21104 13 Master Declaration of CC&Rs 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 C:\Documents and SettingslDefault\LocaJ Settin~\Temporary Internet FilesIContent.IE5\G9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 14 Master Declaration of CC&Rs 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 C:\Documents and Settings\DefaultILoca! SettingslTemporary Internet FilesIContent.IE5109S74VWZ\CC Rs (Highpointc) (TMB3223).DOC 04121104 15 Master Declaration of CC&Rs · , 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 C:\Documents and SettmgslJ)efau!tILocal Settings\Temporary Internet Files\Content.IE5\G9S74VWZ\CC Rs (Highpointe) (TMD3223).DOC 04/21104 16 Master Declaration of CC&Rs , '. 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 C:\Documents and SettingslDefault\LocaJ SettingslTemporary Internet FilesIContent.IE5IG9S74VWZICC Rs (Highpoinle) (TMB3223).DOC 04121104 17 Master Declaration of CC&Rs ! f .. , , . 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. C:\Documents and SettingsiDefaultlLocai SettingslTemporary Internet FileslContent.lESlG9S74VWZ\CC Rs (Highpointe) (TMB3223).DOC 04/21104 18 Master Declaration of CC&Rs 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 C:\Docwnents and SettingslDefaultlLoca! S~ttingslTemporary Internet FilcslContent.IESIG9S74VWZICC Rs (Highpointe) (TMB3223).DOC 04/21104 19 Master Declaration of CC&Rs , , 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. 20 C:\Documents and SettingslDefaultILocal SettingslTemporary Internet FileslContenLIE51G9S74VWZICC IU (Highpointe) (TMD3223).DOC 04/21104 Master Declaration of CC&Rs 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: __ ~~~~~~~ ________ __ 21 C:\Documents and SettingslDefault\Loca! SeuingslTemporary ln1emet FilesIContent.IES\Q9S74VWz\CC R.s (Highpoinle) (TMB3223).DOC 04121104 Master Declaration of CC&Rs .. 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 C:\Documents and SettingslDefaultlLocai SeningslTemporary Internet FileslContent.lE5\G9S74VWZ\CC Rs (Highpoin1e) (TMB3223).DOC 04/21104 State of \Vajhington, residing at ~-/(K'-< ~/J Expiration Date: If -~a--o~ 22 Master Declaration of CC&Rs 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 ','0, -: !!r ~ !\fiK l/I?'t!j , aP. "1 B'3 .,·.~~o -,,"? 0"'- " -~ 1"\\",,, ~G.: Expiration Date: 1L r.J 0·' -.) '" ~ 0,: w,.~ ... ------"'----''-------- I, ... ... \\\"", .... ... C:\Documents and Settings\Default\LocaJ Settings\Temporary Internet Files\Content.IEs\G9S74VWZ\CC Rs (Highpoinle) (TMB3223).DOC 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: C:\DocUments and Scttings\Default\Local Se~\TemporaI}' Internet Files\Content.ffiS\G9S74VWZ\Covenant reo density calcu1ations (JIR2118).DOC 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 C;\Docwnents and Se\ting1IlOefault\Local Se\ting1I\Temponuy Internet Files\Content.IES\G9S74VWZ\Covenant reo density calculations (JIR.2118).DOC 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, ~ 0 -~,~ ~~\~ ~~' t<' ' Notary Public in and for the ~ ~::= ~',~ State ofWas!lln$!on, rC?siding at ';;. ,,'\ ·s / ~ k~/ j IJ.). " 8. • ,.:" ff' f)' ..v--\ .'9~ ".,.,,,,,,/ 0'" ;.> Expiration Date:_--'~J--'-_3.c.Jo",----=~=-___ _ '1\ OFw.S'I';~ .... \-\ \ \ \ '\.. ~ ..... \ .. , ........... Page 3 ofS C:\Docwnents and Settings\Dcfault\Local Settings\TemporaIy Internet Files\ContenUE5\G9S74VWZ\Covenant re, density calculations (JIR211S).DOC 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. C;\Documents and Setting1l\Default\Local Setting1I\Temponuy Internet Files\ContentffiS\G9S74VWZ\Covenant /'C. density calculations (JlR2118)JJOC 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 C:lDocuments and Setting1;\Default\Local Settmg.\Temponuy Internet Files\Content.lES\G9S74VWZ\Covenant reo density calculations (JIR211S).IXJC 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 $15.73 for the fee to CD&L. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #0001007.590.0060.49.000014. Please call me at x7219 if you have any questions. Thank you. cc: Yellow file Property Management Jan Conklin APPLICANT H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\04-005.Nancy\CLERKMMO.DOC '. '~.:.\\': .;-~~, ':;;~~ :',\f.';, ~;~~'~;;;~':'~;'~~~~~~~2;\~~;;':: f./f;~··:· ;( ;~~)~. . : ...• ~~ ~ . ; ~--. "" . . "i.])OCUMENTS FOR RECO:RJ)ING KING couNTY RECORDS &. ELEcrIONS DMSION TO: CITY·CLERK.'S OFFICE .' . ..: DATE:'·. 4 .-:11. .oLl . FROM:l£M~'\"\\ ·1'Da'l·~~-:U,~; \~\?'2>q." '. · " .. ~-~'\.'" .... '.' .' '. BILLlNGACCO~NUMBER: ~,-~gp'OO(,Q, ~~ .00;0\'\ ( : ' . .xxx.xxxxJOOQc.xx.xxxxxx): . . .' '.' IS'REALES1-ArnEXCISETAJC"FORMREQUIRED? No'O Yes 9"1Att3chform) <Ac-at will .. c:IaqooI S2.OO &lias Soo>' . SPECIALRECORDlNGlNSTRUCTIONS: ~U~~ ~C\c~i\o~ tJ\ UNe.c;-c.,,~) . au,\ C-\ci.,.....1:>~~ (A~ ~~~ck-A.~$'*" t::x.tlM~tor \,,~1>\Jr . . · .' 0\ \\i~~~~=;,~oo~':' ~~,,-Y? DATE ACQUIRED: GRANfOR: --------------~----------------- · PURPOSE:' Le.,(}.,~~:t\ cA~O\':'"%~~\i·i~\:>. \o.t,.Oi'J>0,J<..e 0. :\5):q£ !;>,V,-n.. .' \'I\.~ \0-\-5 <9~. \'h~ .. 0 \\\~~\>O ..... \C... _.. . '.. COMMON DESS~RIPTION::. . Lv+ L, ryt... \y\ ~\,)~\Y""V' b.; .... . ~ . . ADDRESS: 3'1Xl. ){~ \;LCS=t . O'\:l .... ~CSq ::'lDt{).O'-\~O'5~ ~Sl P.i.D. 04 ~1:p::;,S.f%G" ~?'O,<dOO\~ S-:-T-R: L.\ -. ;i~~ -. S E-. . 'CROS~'STIffi~~ . '·.f'·~~'~'~Or;~ .. ' . . ' ctJRIrnNT USE:. ...... ; ............. :" -..... '" .' ',' . ~. . ~. -··f. MANAGiNGJjEPARTMENT:.~·.·· . ". . ~~--~--~----~--~~----~~~~ ",. ," . . -... f' . RECORDING #I . .. ------:.-'---~-'--'------... " .: .. . -." . ". DEPT.·FILE #. . ," .' "', . -: ....... . . ,-'-' . .' ~ . : .... :.: :-.' . -. ~ ..... .. . ." -." "!"." ." .:" .. " ." ,'-'::. -" ...... : . . ".. ;. . : ::~..: . -. -. __ ........ ·R.evDa1c7I91TS/RE(U)OC.DOTIbh_._':'_:,,-~ f" 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 W:IWPDOCS\14025\002ITMB3223.DOC 04/02104 1 Master Declaration of CC&Rs .f 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 W:IWPOOCSI240251002ITI.1B3223.DOC 04/02/04 11 Master Declaration of CC&Rs 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. W:IWPDOCSI240251002ITMB3223J)OC 04/02/04 2 Master Declaration of CC&Rs "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. W:IWPDOCSI240251002ITMB3223.DOC 04/02/04 3 Master Declaration of CC&Rs 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. W:\WPDOCS\240251002ITMB3223.DOC 04/02/04 4 Master Declaration ofCC&Rs 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. W:\ WPDOCS\24025\OO2\TM 83223 .DOC 04/02/04 5 Master Declaration of CC&Rs 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 W:\WPDOCSI240251002ITMB3223.DOC 04/02/04 6 Master Declaration of CC&Rs 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, W:IWPDOCS\24025\002ITMB3223.DOC 04/02104 7 Master Declaration of CC&Rs 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 W:I WPDOCS'Q402510021TMB3223.DOC 04/02/04 8 Master Declaration of CC&Rs 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. W:IWPDOCSI240251002\TMB3223.00c 04/02104 9 Master Declaration of CC&Rs 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. W:\ WPOOCSI24025\OO2\ TM B3223. DOC 04/02/04 10 Master Declaration of CC&Rs 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. W:\WPDOCSI24025IOO2\TMB3223.DOC 04/02/04' 11 Master Declaration of CC&Rs 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 W:\WPDOCS\24025\OO2ITMB3223.DOC 04/02/04 12 Master Declaration of CC&Rs 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. W:IWPDOCS1240251002ITMB3223.00c 04/02/04 13 Master Declaration of CC&Rs 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. W:\WPOOCSI24025\002\ThtB3223.00C 04/02/04 14 Master Declaration of CC&Rs 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. W:IWPOOCS1240251002ITMB3223.00C 04/02/04 15 Master Declaration of CC&Rs 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 W:IWPDOCSI240251002ITMB3223.DQC 04/02/04 16 Master Declaration of CC&Rs 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. W:\WPDOCS\24025\002\TMB3223.DOC 04/02/04 17 Master Declaration of CC&Rs 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. W:\WPDOCS124025\002\TMB3223.DOC 04102/04 18 Master Declaration of CC&Rs 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 W:IWPDOCSI2402SI002ITM B3223 ,ooc 04/02104 19 Master Declaration of CC&Rs " " ' 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. W:\ WPDOCSI24025\002\TM 83223. DOC 04/02/04 20 Master Declaration of CC&Rs 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: --~--------------------- W:\WPDOCS\24025\OO2\TMB3223.DOC 04/02/04 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. W:IWPDOCSI240251002ITMB3223.DOC 04/02/04 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. W:\WPDOCSI24025\OO2\TMB3223.00c 04/02/04 Print Name: ----------------------Notary Public in and for the State of Washington, residing at Expiration Date: _________________ _ 23 Master Declaration of CC&Rs · 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. W:\ WPDOCSI24025\002\TMB3223 . DOC 04/02/04 Print Name: __________ _ Notary Public in and for the State of Washington, residing at Expiration Date: _________ _ 24 Master Declaration of CC&Rs 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... ,¥~:::{~ '- , ~ '," :>~~~;;.:}.;.;~::,>:;>:: "'", c"', " " <~ ~3~t:, :" "; ,,~.~ ~ '~ : 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~ ~~ ~6\u \''\~O{\\~ ~ -te.-.J~ c;. ~ re ... ",(..w,. ~~ \-. <>t" '1 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 , .. , '''.'' ' ' .. r.. . , . .', ~ .1 .... ·.1.; .. J ..•• ,j " , .,. > • " .)! ·r,' , .' J~ , 1 • ",,' .' ,t. '. , .. ~.,:",~~.:\~ . , ~ . ~. '. : .' , , -, '< • , .. .' 'the:i-liclmointe .Di~isio~ II HomeoWIiers 'Ass~ciatioll; -irtl~e othe~~ ai~ ~qsigIi)pe loUine': -' _ .. ' _ :: .' 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.· . ~_:, '.-: :'-'. " _ .'.. -.-.-:<. ". .'.. .. : ".', ". ''':'' . .' " J. . 'j. ."_'" ~., , ",~ ',~ ... 'i' ; :"\. ,.~ ',',' ' ... ':.' "'i,',,', •• ;.' '."., , ~ .-,': .,"~._ . i, . ....' (G)' The title iiIi_e sho~ld be~corisi~tent -witll ~e recorded phit~ referencing plat'title a~ Hi~po~t~· .' '." . ,/"~ -'. , " .'. \: \ .' ~. ;"". (A.K.A· 'Gree~field~I) ail-d· Hignp·olnt~;Il.(A!K.\A;Gre~lJ-field-. 11).,,-. .~. :-""'.' -_ <', .-?:. '. . ::,_'/"~,';>~.4~$£~:·lf< .. :· .. -"<~':(:::"" . _.;: . ' .. : ... , ':-.' . ' .. ' :~:-_ . ., . .' _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;' .... ,:',' , . r·'. : " . ....~ " . J. . . . . . "> i . ,t Ji'\'r:~~~j~~'~~;( :J,~ l, ..' ,'< .' 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: , .. :;, ~. > -, , U· . . "~ ,<\ .-;, . ... :., .. .,.. •• 1.,' " . ... ;C\~;'~yJ' .... .' <,~'~\:'/'. ,..\ ,: .. ':' .,<i·.··~:..:Nancyi<r~~u~W~lJ:.. '.' ., :., ",:, L.: ",: ," ',; 'i ' -A.~soc·i·~te·PlaIh~er .'. ~ ... , , /'. . '<. , .; .... " .'.. .. r.~' . .,' ... '. , ,-( " ", . '. " . , ' .. . ' ~ .. ,'..' " .~ .. --.'" "'.' ' •• )-'\-" , •• '"' < .' '. ,~:... "!.~"'~ ~. ,~ ... ', :.>, '~. '.' , '.: -, .. ' .. ""., ", ... .,' .,:J' ,~. , ',",l.,· . . ....... '': . \. ~ ,. ! ~ . J, " , :--r. " cc: ,·-.. ·ctirli~,§Ch~t~i ':' ..::' . • " .j ".' f • . -' ." .... " ',.! ' .... . \ ' .. • r: 1;, <, . BericlniiaikConstruction I:. TD . -. -. ''1.< .. , -.Yell~wfile, .. ·J·:. , -~ ~>-.. • I_' • '.., • ~_ " ", ( ;\ ': ,... ~' .;. . '" " : .. ~ . J ,:~,~ . ':;,. ...• J , --,,' .' ' .. "' .. ~. \ , . ~' ... >." :::',,'.: .~ ,-' ,~ , >' -', .',. ..:) - .'.' .~" "., '~" ., ... .' ',~ ... " " -.,. .. .) ~: .-,. ) , ""-', ".'" \--.~ . .' -. ' (.-. , ,-" > ~ .' J .. -i·· . '.' -'r . . ~ .,. . . ~ . ~" ., .... ..... ;',1 " .', .. .. ,t • . -~. : , ~~.. , ,,'-, " ~ .. , ,'.' , . ' ( ',' . " .. ~' .;~ \.' .,.-,., ,'. ',., .' .• _), 11 . ' • ' .J: ...... ,'I . .. I 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 .. .-:i" .: . .: ... : .. ::'.:. -::'., .,' HIGHPOINTE ~~ NO. J [ wwn~~1 ~ t{ .:' ...... '.;:: ./.: . .;.'.,. ......... ... ~~. ~:i::::: \~~"' .. "'., ..• ~." ... I'·' ."":,, .. :./ .. /:.,-::., ...... ,':::.:::: . .... ::.;;,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 w z w w z > « w 0 > z « « -.J w y:: 0 a: a: H Z y:: 0 L w z w w w Z Z W > z « w W > > « « « w H 0... 0 > L 0 « z 0 >-« 0 w -.J ....J 3: 0 0 y z IT IT Z Z H >-0 y ....J L o 700 1400 ... ' _--.1 __ .. ' Scale: 1" = 700' w z -.J 0... w u IT W W H 0... Z w > « z w w ~ CJ I SE106TH ST ~i NE SUlk' 17TH S~l' Si t2 &<vo w NE 12TH ST. z w > « 0 Z 0 L 0 w IT Z rn ST. W Z w > « NE NE 9TH ST. ~ 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 .. T G1f.f·)rii IT1(l ]I .. ,-y G:tt)!""cl 1F;£" ~~." . llinntJap,>ll". :t.n~o!~'l' ~o 1l1nn Fp 0.,. ~nll wrr to sp nr.: des r es .1:.d in J"oTi to_, ~n Co Of X St.'l t~ C ff"', . ~. "( :. on (. 0 -w 1 t Lot 16 1n Bl~ 68 r If 01ffo["d ... Kary G fiord Hunnell1!l co 111nn Kay 11-14 by '" l' (Httord '1m! X.-ry G!.f1'('\~, hwt who axe ;;i!.hn inst.r and 'Jckd th;. thllY oxc~rt ton: am a'~ th"lr-tr 1-=t. w eM 1,,':1' le, }{ Oar,.lds, ." glJr.--,pim, 00 li1nn (!f~ .rm 1~-1($' :11 'e! 4:~() 29th AVCl!fo )finn •• pOlio, :ann 0000(, ,j R!UiOf.ISn t. lwj-l, 12-1b 2-33 119<.>40:) /~"'''J: )'i-Jb 0-18$10 Ovo 8011 Ilttlx lones-i'hornpl<lon rDve.t.m()n~ CCllp'.lny, & oorll of ~ ... ·":l~a£o.", 'niW(~.~.'~~~~:'p~~~a_PlJ· ii' ~<~' •• ,l"'i1. ~j' P1~~~"~;~\a~~~ l'p, tor 1 ~.Cl1t .\IO.u as .. 4 1e,,111 rape tIT ~o ." tIl i r~ ~o "~.~~.Ij,g <! r';c ~ M(\ m.1nt!lln en 1100 torte '1'ream1aulon Ira t,am, oV.,],1 ;Jr" aorcuul t.~a ~~~ \~~J~~~'~ .P"'~~7 .• ~'~~i,,,~~ ,~, • .' " ," > ... ,t !nil \;~':~a4':::~~;:'~""~'." (':3~~,'~>:;'.:.:\~:; t,~<>·:., , . t.:»':. t~t ., all 1n !leo 13 'II' 83 .. ot _ "Kant. '.k. anet 0\1.0 '1'rao ta 2 ... :S-4 -11-l"~ ; U '''' "ot,1unG t.l on Add. L 0 So 4 t ~l e , Oft plat. 'il! .tl A4tl",t.t.~.\D •• f~;U'OO A1Jl or m xc':rob ,: , .of 't.lltSJ ':,,'. ':l;,W!,,;:,q, If Hoftat ml I .p Sho' if : : . .' ~ ~.~? -'-~~·?~~;·:::iJ{~·~¥~.~:/~~·:'~;i~· ~ ~ !,-. ":'. y exct,4,: '" , .~,W.I' ••• ~Il.IOJ.01'~ur .. ''1II, .tmen to C ODlPtU17 ~_i~lIlI~cln. Pr~.ldeft~, re r.:lry' • ,,:,.. " " ,", Do \~~~~ ,;.·'~r,~J!ft4 In.tr "CJ"?b~t .. A1 , '. ~(N! Oo't' 23~19) ":,~' ' ',' ,::L:<c>;f., !;~'f,,~;,):~~ .. > ' ,.~ 1.-1. l' 1J-, 191·~ ;:! .. :,;:: ,~1 -, r G l ~. 1 ., (' ~ ~.' I'::, ~..-. ~ r ! ' ~,i . !'., ,". L ~:, :-.. t1~:,-~ ~_·i ,'0 ;~l~; cf . ')"'1 ,'J-:, 1. i, lo~ Ib 1n ~l~ 6~ !I " rt T G 1 f III r'l~ -- Ua r:, 'J !1' 0 :--d :L~~:l''::,.il· :-~:J Y'1~:.. l!!I'( 16-14 by 1f T Giffol"ct 1IId, 1£".i~' G·.rl::~:~t ~! ... f wlt~ \l..{.: ,·l'.::~": i' .. ~ '1n.1 \':;4,i .. :1 ::,;-.:,-(jXC~'\ foL:: '1 ;"l)l" fr ~ t.ln.~L·. ~·(;r G~rL!JliL1. liP, 3'J!'1.n~ei·1; (~o 7finl" (','S J"m 1'-15, :1 ".),,' 2':;i.!~ .'!l) 1[0 lflnnt!4pol1.0, ;':l!!n K~ ~s; l~n;. lil.~~ 1.':-1,- F-Jb 5-18 $10 OYo Jon..., a-Thol:l'iJ on tDvt\.~()nt 1'0 2-3~ 50/1 I}{S.x camp~n.Y, a corp 0:': XCI: /C',· .... ' .... /(t{; y' 1';J, lor i :'rJ.'Jlf, sue 'luQ. ;IS -ulc\ l"iU ra~ tIT too s.) ~;~, rt. too .;:r,<:t. lU"l wl1"1Llin In !lect-ric Tranltrni.ulon l:Ta;.~m, ov '11£ and i!C-(j:j', ~ :'l ful ciew rU'll pr~"y at:.d in Jeer _; ,r ':!Hi; and 1'-" 7 'Ill ~n ~~c.: 13 'l~ 23 If of k 4 1.;,,'1:' If •• an·t ,l.o Trt(.t.. 2,.j-·~-11-22 and 2& ~ of Junotion ~dd t.o ~(.~"~lu, 10 ahown on ~ll:' Cif t$,i. Adl1 (8044 10 ,ott oJ: Co A\Jl 01' m't~ It. 1s • cond.1 h·"'o.t ~L t.h.,. -de&4 .. ,,-anohor. htu'uln pl'f)Vldecl tor anl 1,8 pled clOltt SJq too thl.l my r~ of wly In of Pacific COllet lhil:-o'ld C~ ••• nlt tht tho £,ril!~tlltjh "eo! a!ll change the 10- c·':.lGn of, or rur:lC'VIS entirctly II.Jl.Y' anohor or IDJY wirtj hut',;ln provided lort 'flt;.!l.ln 30 clqa ot ,ru~lo"'8 r~q8tuo r.c cl0, W:1Un 8,:4 1n i..'1rt"er'l8 'lr'1th conctuot ot bus1 of ~r'l~tor Sd aYSi.etl COrl"t~ of ~O aaohoru !lnd. LlV"fi, an,': ;.h! rt. to c1r t.r(:Jul'J f 011 t:M <! :1 !'It." \; T"l t", f t. h· 1 n r.~r:, l"! ,;o~t' hs (;lJdhe 1nr:,~;· LO l:t; (1~,~1:, e~t:,'l 1.'7 (~,; ' . .L J .Tonef-'l'h.ol;lp:::on InvlJ8t::1unt. i~o,nptll\1' By ]Ted l< rbomp,:;on, Pr'is1Iit:n i,. At ~OI1 q :r.F Poue). "}'j, ~ccru t ~ r-:r iCC-\' ltib 7-18 by Jr6c1 1< l'hompaOf\ &.Id :r F DOlf"J 1::;, Pt. .. nd ~eo of :.il. J-T t Co i.h;J corp tht axe wit lI'l lns:.r ~C_:i'J tlct UfruLta \ 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. ................. ""'\,\\, D d I I C'l _ ...... ,,( M. O· "tt ate : _-'-')..'-'l-=o-+...:;..o-=-~ ______ ------=.~-t-"' .......... ~ I, ;' .··O~~ISS/O··. ~ ""- t1-tr" J)~' !./ c; NO),,,, ~~"~ ~ ------"{T-tT-f'Yl--.-.::....------<......------~~~~H-: .(I '. '7-?,L. ~~ ~ ~ Signature . ~ ~ ~ ~b' [PI: > : N t P bI ' I. -' "", "': ill _____________ ~o:;=ary:...l_;:~U=l=C ______ ---'j~.~\.~ ••• " .. C .' : 't 0 • \9. ... I, ~ ••. "07 •••• : r-l~lo~ '-, Jt,;.··· .. ·······o~-.. : '=' , T ••• , .... 8HING~ ~ .. -M-y-A--pp-=o::...i...:..n-=tm-"e-=n-t:....E-x-p-ir-es---------------' "\,,\\\\, ........... ~ Title C;\CF\2422\oo3\Devclopment Agreemenl\Agmt.Final.doc DEVELOPMENT AGREEMENT--Page 8 ir--, '/"""""1 • I M.L. KING JR. WA ___ (PRIMARY STATE HW l' (t. -------r ---...;....! NO,2) I.IP Il?c 4- ---I EXISTING ~........:.::...€ JIt-4r ;f -....... ~ ZONING = RM-I ~ ~ oS' ~ G:>'). PROPOSED ZONING :: R-10 " • ) ~~ .; GOV'T I BEACON COAL MINE ROAD VACATED .f! ~ ¥ LOT 7 I BY COUNlY COMMISSIONER'S JOURNAL <;j~,~ VOLUME 29, PAGE 3 ~ ~Alfil~~GTO~ -..: eteWUJ(~m;fffi~ ~~.::r1!CIl~:L::~ "ADDI'irIO~ ~ ..... -. --"'~'~~~ , ....... -.,,' -' ,..... ' o ' j ~ : N , I ' ", , ... , ;-::-:. .. J """, r!Z! " • :::J z ~ I§ GOYT I is LOT 2 (..) 5 ~ I I I~ o 200 400 ~ SCALE 1" = 400' LEGEND: " " J"~ "~ ~J'~l' ..... -• S{ ~I()) ~nJ)N~OI~'ii'~ 'ii'OWIM"OWAl~~ PROPOSED ZONING UNE (ORO. D) ORDINANCE NUMBER File: P:\06000s\6759\surve' 675ge1C10.dw t~ ~ ""1= ~ CD ~ ..... ~ ...... o '::' z ZOO -,... .... -J I CJ a: a: z w· i: ::Ew O <I CO "--'z t-~ · 0 != ~ ON=-m • 1_ -J w::=E J: "a:a: X -J • W o o c:. I a: tn :::E o a: u.. - z e :z w a:: ~ 0 ~ ~ ~C!i~ i ~ C!i~~ ~ ~~Iai i~.~I~ .. IT C!le:::! e :s; J--iS zZQ b ~~-~~ =~~ o ~ ~aJ c::::,~ ... --:!..::!:. uo.lfJ • ~ t4 .. ~ ~~~ .. , 1/1 11·/1{, 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 "~"",,,;~, : .:::' .:.:'t· ',., .... ';: . ._ ••. .~.·":.~o:":J~~:.,".f:MT~~~el~~~~~~~:~ .J' ••.. roo. 0' "'~ •• ,\ :::!!.~~:~. +++. CITY JURI~TlON uw/i:FRo .. KlNq':'COU'HY':" : .:.... ::> 11"0'30"'" ::.·.:::~:2~~::~~RTH~~~~~:"~~~ ':" "~~""~.~--.. ': ~·,;r~~;:':~~·/7m·"\ ';~T~ _____ H~:~:i~~:____ --ffi1T_" URLNGTON ACRES DATED DEi;. Iilj.t906;: ,: "TU . ',' : ~.o ... I'IlUTHI ,,~ ,.: ~'Irll:r ~ ~. ':-::',: ::::~~"i!:I" I ~ tI C ,. flELD aOOK II 8 •... :: :.... • ,I ••• ,.' .: : .... 3,1 l~~;;~'=IHo ,-:. " ::. I j •• • R£NTOH WA1[RWAY SUBDIVISION AS COPIED '::', I .,/ : .:' ... /' .:, .... ,. :.'." .r' ~~ ~C~~J""::f.~~ra _ I 'ROW ftEcoROS OF H. -ruTHERFORD J I' "8''''''''QO'' SOUT ... IIW-N ... L TA.lCTS 118C*' & '!liTH " , " ~ OATE IAlkHOWft 'r~", .B"II~r TO WON.' ,.' " "", • ,t'" 'Ir.l0l37· TO WON. '; " "':, I IUTII -"'ECORDS FROM H. AVTIiERFORD, : ""'01" •• ITO sw. COil. I£CI ::"':~' ',' I ITAT •• WOftYATtOH FROW THE $TATE OF 'MSHlHIiITQtoI ~Ir. ,:' .', : ,': \ ,,' ./ '1 FO" STAT( ROAD NO, 2 -I"::' ,,,. ;.' :.' "S'S OF SURING ~~ ......... , . :.'. .,:': .. ·."""'~··':~e~;~""".:Ll .. ;~e.""... ..,...... 5 1 :~~S LAlMEftT 6ftD NORTH ZONE· USED UPON KC.u BEARING ~ .,: !L;':' ,'. .:.,,' ..... ':., III 'I~~;S .. FOR THE SOUTH LIE OF THE .:3... •• 1S3RD 'ST_. ." ," '.. :"':.: .. :3:iS!. SW lI~ Of' SECTION 13, ® .1;1@ ® ~~:et M" ", ,® .' ' ;': N!t;;; III ~~ --®A4 1~~ --+----I:!I:JQ.J _·;...·--.1 ~ ",;. ........ I.... CD ~ /.I·~ ,.. •• ',.. DOl'. ,.,.1.3", "r.-.f '; • ~"., I·' ":! z ...... ~ II 51 i~\· I.I400Ql·1'2 .... OI ': t:c '. .,';\ =: 1:':::::.= ~"l!"~~I\\ 25"1101'Wf:.t.' .:. .' ';". • •••• , . }: I ... ..r--2~"~1' a," ®a. '.ITH n. ,'" . . :':. ..~ ... "':. &, ',.\ . . ••. ~.. ~® ~ .: .... I (:~:It~~~~"',.,:: --.tto~ II "';~!F5'1f ~:~:!04'~':' ",,,:.,, ./.::g~i'~~~~''''~'''''''''''' ::: ....... :. ~~'-l 4ro"::"--.....-... ~ 0. .. 5 p.' ZIII,,,WOH.TO..,.. '" .J' ~:~" I ~ij' ~ 'fI.\",. .. .... --..... _lit-.".. ~~~ '. . ." . '" ~ .: .' . "!. ,', .~ ~~).o ....... <~~. [)l.CA<.C til:: .: " .... ' I, . ~ ".' ... To • ~, • ~ <D . ~' • '" ~' . f;:: ~I n . 's ........ -:::.tL...... CJi,·su.Tf." ,. ff:'" ~ ,,0 : ..,t... '" ""\ .. .,.~ .... U;. ----...: .. .-1. II ® ,:,.' :~ '21 Slf~I~O" ~'H . -........ ::' .. ,.~. ~ '. " ~ . .-. .:.' I"~ t\ ---::::;.~. w:t'H ~""5' .,,, .' .. : ~." ~O'rl .. :., .:.:.... ,,::' ~al''''~' ~ ... _ ~ .... "'.'" ~.~(i'.: ... :!l~O,.~. /~~~~~ .• ~.~'. .. do""'" '·I,.:¥,. ,'" " \~G :.,., ."r. .. :r·'·...,. . ., .... ···· ~ >\1'. :' T". r '."' ,.·....,.L -"1'.'''-. 111.1 lOAD ........::, .,~;." ""\\\. 00 ' ..... ; . 0'" ,,;" . I I. '"lO.!'4I /:.,S. ~~I'" ~ '.. ~., I '1' I' .I.. ' r 0 ~ ,. .....,~ .o~ ,.~.. . , .'1,'''''' r L1 1 (i) .( 0 ~~ €9 0"" ~~·~,;;:~;\ ...... ·'~~":'U . 1 /1 to'Of>1 .' ... ~i..~~~~:." ~ ,,:" .~: : ....... 1 1t-c;~."..; '\ ~ ,.. r:J~::: _:'~ : .. :" \ I~ ~ :,.... . :;. ~ ... ~ 1l0~1 '.: .. ~I .... _', It .,:..11.,,,,.... ~: ~ ". <> .. ,. ~ '. '. .., -s.'" .,.' -: .... ~ o. .'.... , ,__ .:: -". ~.. ~ .p-"\":.. \' ":: 'r.:,.,{' -........ :: 7 ... ~~CJ'. '>1: .' HO. "'. ®. STAT[ _ ...... , ,,~ SCALE 1" -500' 500 2~ 0 .00 CURVE DATA No.1 ANGLE .ADIU. LlNGTH 2:9' 3Z' 00' 1"131.91' 738.08' 29' 32' 00' !.qU.!)' 738.;3' ~2' '3' 27' t909.03· 17152.26' 5Z' ~4' ISUO,O' 1763.;" 48' ". 48' H3:S.29· 121'.67' 48' 38' 1432." 121'.S· , •• 1 . ;.' :: cO .,.; ~'\',,~ ,.41'4101'. ,. ':.\:; ,... '. . ,(..0"':': ' . , £----~ ~ . .I!i' ... ,,/ ;p'~ f,'':; 1 .. ·.·.... )~-.,...,.... ::. ~~o.\c. '.,. ..' -··--E.u' "LM e.E. ""ow .. u. OL.e. (!) -eAl.e ---:~I 18 ........ :' w ~ ~ l .. ,.~\!., . . .: " .' .... ~ , \ \' f *' ." .. ,,' ...... .' ". 'w If,T't ~I.--~-----r--T,---, ". --\ "or'" /\ '7'," ".: .'., .. ';,]! / I I ""·"·'":,,.l~'/ ".r. , .. ,........ :'{.,.i" .... il~ 8 __ +-_~ __ + __ ,.. 42'" ,''' or. , ' ,,' _''''·Ior.,. ,IE I I I I / 17, ..... ' MCAII ,'. 1t"l'21" «~~ I SEE DETAIL "A" ON SHT. 5 RECORDER'S CERTIFICATE ?qI~"".1 Flied tor record this ~day of ~.'99jJ CIt /'!!..£.....!'t .M. In booliA.:LLof SUt'v.~ 01 PQo;~ 01 the ,.~., 0' NofmCll'l E. l .. ,ont P.L.s. J 4-.-~ fi'A6.e ManOQer --- C/rRoI..YN Al3c..E ",}I,y sup!. or Records I ~... 17p:au·loIE.... ::'" •• ,101' at-,,'" I I I \, ~'~ .. ~!'~iCC--$ 8 : ........ /~r--': :' . :;. .... .... - '... !~6:-ot 'Z U!6ttS ••• , .1_ 3 .' ~ IZl41.' 'WW! ' i~<» ®;3 24 ~ tl ______ e.:I.af::e=z'------.. ~~~ ~' .. :: .. -.-:'-N~.~i .. ".w-.,·.~--:--. .' -... SURVEYOR'S CERTIFICATE '.' .... '.' ,,' .:,' f.:-!Uz-1"41 11.11(, A ... ~ .. ' .~ . -.:." OF SURVEY RECORD . ,.:::.,. .\~ :=' A'PORTI0N .. OF THE SOUTH ONE HALF OF SECTION 13. ./···CiTy .OF' RENtON AND. KING COUNTY. ::". ., .• 0.·'····,,· ':, .:':";,': ....... ',. " .. Ill',,,............. ~ Ii ~:'~:i... t:'l:;y", I ·'·.L........ . :: .;.-:: ._. f. (f'.'-lJ'1'. "~. ......qtJ lit .. "'11" •• HI:J1~' . . " ,-" . 1'~.,.~)1t:~" Ir.' :~':., ............... .. (toIOfID It .' 00" ,.' •• nu .. · ~. I. 0 .":: .:: .. ' ":,, •.. ,/ .• 0 .. : .. ,.'IIQ........... -----_ .~ ":'-'0--___ ::.·ig .. ;. .: :,> ..' .,,/!. .. ~:." /:.,~'':J ; .... ~~ It. -:--~ -"..,.' g\ _---__ -: __________ ,,:.' N .. RGE. 4 E. W.M. WASHINGTON TWP. 23 ; ...• '. I ....... .. ;: /. /. "IEIMPIIRIE/IliS'i"ATIES " ,:"""'" I \--J __ " <Ill I Cl~~IEU .. ':'" .1Ql. ,~;' ~~~·TO~T~'O"~~v8~~gM~N~~~·~~ei~.)~'~ .~ ': ' .... --~ I>IJ~ '., P .: II .C· .<' ......... ~ ~ ...., , ...... O~T' L \. \ I .. ,' \:'" /\ , ~:!. '" '28. \~+ ~ I ! .. ·t,Jf::!..~.~· j It '" I:T S,' [ •• ~1I'1)V L" UJ5' " -101» @ RECORDING CERTIFICATE: flecord1no No. ",tWa. 7'" Flit .. ,.,. reclr-ll t"'I1 __ ", 1' ____ . Ut,A.lt_:-_.Il, til bl ___ I' Surn,. IL P'9I __ lt \tIe r ..... \ .. ... ~_ [. l.,.u,\ l ~~ ,t "" ~~H~.2t.~ "oor& . ". ... .' .... ,.j' (,.oT CONanUCnOJ a~ ~ ~ au aHEn 3 '.~~ 1~7TH ST. • ~~ .•.. " .... ,. .;~ /: .. ,..... 2 ... /' ... :':;:\ 5 1" ..... :;6 '-'j :,' a;: ~~~\~i~~~~""/' I ~~. ~~I(".. I~~' " ::':~" ) .. :: ...... "~: ,.,:- ::. .,:;:.- •..• :1:1: .. : •. :.:: •• .... {~ .. "::.,;' -;" .... ~ :;"';';J.: . ..... :.:. :··,:""··~~;:2~:~:·T~ a~ m ~.~cF LEGEN!i' : : " ,,-.... TO AN ANnTJU.l[D ·'?ITLE IN: PER ....,.tnu.t!ON ~:~~=~THlS·$(jfN'EY0R'5 ~~i1~~ii n'·. H'O .. iT~· FAOt.! ~~":i-o..D .. ~s AT THE - . I(ING COUNTY III.,. 0[»( ; ·JJ;IID"'T~. 4~~~~1SKlt4 OAT( ~[a .TN .•... ~·.:·:.yt:~~~KIN L~~~~~ K" COUNT\:_ SCALE : 1" -200'. zM;J ij LtI[ TO THE WESTERlY ADrJQNrfG ',' .: .... , ...... . ...... -.,0' " ::,.- -------~-... -----;..;;..--,;---:;.;...-::~--,~:-:;:.~~::~:.:~:., .~: .. : .. LAND SURVEYOR'S CERTIFICATE: ~ Barghausen ..• : ::. SQUTH"·1/~: 13-23N-4E Ttl1. ' .. oerrtcUr , .. ,".rt ••• ",...., .MI''',".e 1M'" I, onsul ting Engineers -:-Inc.. "DIII::,,_ .: .;' :: ttnc:\1.JI. I" C:llflforNIIU .. Itt. \M ,.",I, .. tflU .t UIt $uri., "COr4L.'" •.••. Me. r 1 inn'::-Cons true t'i on Clt. Act II. til. r'QUe,t .f ... rUn, c~" CD I", ttl__ LIM " .... 1ng • ...,.."ltIO '&IIlftMt1llg IIptollUIU ".". ,V".,,; ~ , 1990. // ~ 11m 1!P04 hWILM 5""1\· hilt. !lA. 'Ull (2061 251~'~2: '. ~.t?~.·':iOt~:· Avenye Sout.r:r: , . """. Seattle:'WA. !3B104 .' r . -_ J,nu,,.y 2 .... 1990 0& NO.. 303t1 .:. .:' -t"1 T ",," ,._"". ''''''" ... , ""JI' KING CO., .... WA$nIN(j' ON \U. __ --'~:.:::cJ ::' :'::" ::', .. ,.;: 1t?/~:z..'7"'''7 -J1,/1b {3 :~. RECORD OF SURVEY :: .•.. " .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 " ~:·:····".;t ~.~: ..... _ ... , ... r-~" ..... ..... , ... ,,';:. -mur-------- -------------ir .,' .~~~I .~ __ .:.i:.._ ......... u~ " , •• ,,~." .'!: ...... ,.:,.'. , 1\ 2 8R~·I·OO.. ." .. ::'; :;"'." S\\~~1 IIARTIN LUTHI!,. kiNG J.::'\If~Y •. ,.' .' ",I 6j~ ~= .t;,:.:,··</~ .. i:~···.·.<~l ..... .//,;{"",/"'" .:~. ..:.' SCALE 1" -200' 200' 100 0 200 I -I 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 ," / ' 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 ::':' ,,:::: /'. Rlit _ INfOR ..... TION fROM AALROAO MAPS ... T THE )(~G ,'.... :. .' ~., I., I COUNTY ..... P DESK 1A'I0 ... TfD E.ARLIEST REVLSJON O ... TE ""f ,,:,,>~,~~o~~~, ·:·;t:l.,.,:~·.'.,·;':'·'.'.':\ .'R.~:.,.:?,'~:~:'9Z0' ,.,,, .... ,. .0..10 .:' .' Ii i'·· ....... ' I .. :. " ·~~.ii £Irs )i~/ " "'" .. / ...... ,:. .. ·::·gL ./' .. " /' ·':-;'·"i·:·:i:{· .. i@7 ~l"'-, c 10 ' .. ~:' C (,:,~. f .. I~ • ... ~... <:,J.~ ~h / "o~·.~::~:::bo. :.. I ... ~ ~ .. 7;.T.-"---<"-.\ 8.., . --------::.:: --'~.~ /-1"·7;;'-'-,-.., '" _. .. ... -(:JAO "t" ,. t __ ~ >.'~ I' '.1 ~ ... !!:t."'" -..q-....... ." .. ,:;::;~f.":'':' ----L ~~",~~~x~~ 'J ( .~·,.O1''' /" a':I:;,?;;·.sr. .~rll/"'''';;:7---I·\ ...... -~ .t, J :t MO" . f.lll"'110 """d" \ .... t-:"u;.' ___ "." 'I .-:." '4t, /l00 . III. ~ ....... -....:-::, ••. '., '. . Ito. ~J I CItOIltDNa.,.rr,r. "j_ JftI COfINQ..IoO' J$ n. sa ......... 1 .:. .' ..,...0. ,." •• tOll '., I ," '" .... .' ; ... --..... il / :f ~~ . ~~ '''''.. ';:, :; ~:; ,.:/:: .. :: ..... ,ii' aE.f. I IIII""I! WAY •. , ·""' •.. @ .• c.o.c. Q) f8T~1! "OAD_ ~ _ --p ....... "" -..-:------"""" .:. ~~-, :-........ ...... .. "'I" t .... ~ ~ :~' ... . I ...... .' " .~~~ .. .-~~-. "~ ... /. "";M'" """ ~. 23, r933 SHEETS 3,4 Ate! , OF i . I.~".::.:: . / ~ .. ' .,' ,~. . ':, KIMCl/COUNh" . • L'ltU" ( ..•. :. . ,~. .... '::. .: ............ . ......... .,': .: ..... 00 -.. -----.--H."~2O'. __ ----It!!.!1'_W1..~.~:.;.. .•.. :... ..l' 'A ........ ".. , .,~ / ........ L// ::';.:;C; .. ··)8 RECORDER'S CERTIFICATE 'lei>.'."", Flied lor record 11'111 __ day of ___ I t993.. ot . M. \n book __ of S~ \leys 'ot pOOl __ (It the requut of NormQII E. LOf-.., P.L.S. SURVEYOR'S CERTIFICATE Barthausen·: .... .':" £ULj'tH. f/2' '13-Z'3N-4E SHI / ........ ~:)' t~=t~ ~~~~nc. MERt~o C;ONS1:" co. i!fc. .3: . ';::.:' "JI.·n .. ,.~ ....... ~., ...... "I:II'IIO')" __ ···.'.;:. 9125110th"S ... :': :;()f '): , --~.' ''''.;. 'il EAWN BY HL , ETC leHEo"," BY NL ·S·EATTl.t WA'·.'98104' .,';,' .. :: .. , i '>G6 "'1fli~ , "'5 'II FM' 'r-=' II'~ I ~~.~ ',: ~'2~O~O :::" =: 3035 KING COU,.,TY, WASHINGTON .. ··6 , •.. , McrKJgef SUP' 0 Record. ~rt\fle01e No. 223 '. ----.;' :': '::;, I:. \~" •• '0': .. .: .••. ;: .. :.' .:.' ."~ .... : -:.= :.~ . :.:... ;, .• '" "., ..... " .... , ,. -' ~CMJ'_ ~ ~ \ i .:'." ::' .' THE '.-,. 9""'/1--/2.'7"''''7 RECORD OF SURVEY SOUTH ONE HALF OF SECTION COUNTY. KING .. , .. , . "~'''''~::. " .... ,: . ..: ............ ::. ,,;;:,:l(,> .y 13. ......•.... , ..... : ..... TWP. 23 N .. RGE. 4 E. W.M. WASHINGTON '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 .f +--+ CITY ,IURISPICTION LUT FROIol I(ING eQUiTY A.SSESSOR MA.P '11-n(. t..- ./.:;: ··::.:l·· :SCALE : 1--50' ~ ... : .. -. ~.::., ::.' .'::: .: .. ' , .. , ..... .. f' .," ~, (" . .:--.. ~r..o(Q.I'o, \ C'<!o,,~~ ..... "~.C'C'oo ... ~ ~> II> 'f. + ... ' ... '~.~c.~ .... .,.+ , o",of!~~.,. ~>, . RECORDING CERTIFICATE: R.c~rd1"o No. I}'/~",,-,, __ 'UN hr rloC,NI UlU ___ , ., ____ . U!Ul.,t_:_ _.11, I" ~ .... __ .t S""''''),I It '. __ It til. ,.. .. .,1 It ~£.laf'"!ufI -.,. .. * 'Ell ~I/~",::,~ .1 ... ,...---- .': .:.:.' f~\R'~\INiGi"O~ ~\Ol\Ol'TiO\NI VOL. '\4 pG.1 ..•. .. :.::: ...... '~ 8 • .. lr l"···········j: .~II .• 0TI H,J INT.:t DETAIL LAND SURVEYOR'S CERTIFICATE: Tht, •• corrtcU, ,.",.",.U • tun., 1t1oCl' " ., II" l1l'i'" .~ "nett. tn Uflhr.lIICt IIIn" tM rt ... ttu",t. If the surv.y "'tor,l". .,," , .... _., •• ""'~"" C, I", ,. r. . .' .,,-.- .: ...... :. "B" .' .:." ... ,' .... :: .. . IHUt_ vA;,{: '., ,j' • ~'"., Barghausen" ·.c· :.:. SQUTH1i2: 13-23N-4E Consul ting Engineers ~'.lnc. .""" '~"':....: .,: '" l-..'1~. an"~'a.v.,. .. SfttIJtHIlUIU .:.:.. MerllnQ."COf\structlon c~r. tUl' 12"11 h'''''' s.utrt -11.,.\. II .... nlUl (206) 251-6~2: ". S1~~"~'Oth:' Avenufi' souto::' I~'* ." .. <roc I"'"'''''''' 'L'"'' S~'att Ie .,WA. 98104 .... '0 II).I.Tl: "-nut")';!,,, 15190 IJOIIII •· .::. .;:. ...... ----... -. II. (('JO':xJIl""" ''''50" OJt'''''''''''"", ... K_I_N_G __ C_Q_··_., • .:..:i_·_---, ...... _~--...,;:.J ~."u.~ ~ ... ~ . .... . "~~ 'j d'/U2-'7,"1 ;>" ... ,' '.' RECORD OF S'URVEY . A PORTXOWOF THE SOUTH ONE HALF OF SECTION :~ . 13, , ..... /' C{TY.,:Of.·" REN"TON AND, ..... DESC,-IPTIQH·:, , ...... -....... . ::" .. , .. ,., ...... . .,'," KING ':.'. COUNTY, TWP. t.u 1, 2, 1. 4. i;· .•. '. lD-~ 11. 11 ~ Ha. J~tl,'~' Add.lt10p.;··~;~:~~i·n' to 0\. plat t:hu .. C UC~'id!lll1;(h Vol ... .12 of Plau, "i. ]S. r.~4i"'-of U~, Count,.. V •• hltl&ton; ••.• :.,:' .:': ,:.: .'::: ,) • 1 •• t .... t portloa of I:n"_lInt U;i:··' .. ~d::ih. N ... ~ haH o{tJ ... Io~i~ ... t ). .,; ... """'.':"" .. :: ..... , .. ~;>;' .. :i.:':" ''':''.:,. .' .~~~ ~ ~1~:· .. ·'· .. .' ............ ; ",,",uur of S.e-tloft 1l. tvwn.bl, 2l Mot·tti, .... n •• 4· ...... t. u.I't.~(,~I\.!I:ln& COlUltY.;.' "' •• hlne''"'. 1111:1& South ot. $,,",n .. t Hl,b •• , (prl .. .,,:,tat. lIl,h •• y 110. 2) .. ~" lJoedt ., th-rli-br..o'."." bt tho Chloal" "ll".utr;*":.'.~nd St. r ..... l .. 11"1'.1'" c..pan, UIod '.c1flc eo •• r. .... 111:0.4 eo.pany; ...... ::.:.~, ...... _ .... :,.' .' TOGmla. .ich port:10. of .. ac.tad So.,th 140th .tr •• t .nd at 'I.c.ull porClOT! of.~· 12n.d A. ........... 'Math adJ.1nl" •• old ,onba .or tho lion" h.lt of tho 50uth ... t.:·.· • .,.rt.e; ;': /., !xcIPT.~ po"c"n ly1n, in tho ,lat..f a.tltn,te" Addition, acoordln, to th;····· '.,::' plat tha .. oo! ... co .... d in 11'01_ 14 at rl.u. ,q' " cec ... " ot Xtn, Count)'. V •• ht .... t_; Qel", r. ... r. portl_ ., tboo North hdf 0' •• Id '.uth •• ,c .lUIrt.r lylA' 10000ch af • U"" dr.wn fr_ t.he .... a-.te .. l,. comaI' .f lAc 15 .f Iloclr. 13 at ,.td pl.l of J..rl1nat_ .nd r\Wml1", thane. V •• c ... ly •• U.t.ne •• f 1.2)0 f •• t to • ,oint on tM Porth.rl)' 11..., of ,dd rlJ,br. •• ,.".y .1 dt.. Chic"., .. n •• " .... and St. ra.,l .. n •• , c-,-, and af tl.. '.clUe eont l.nro.d C~any, add point 1IIo1n, or. rlpr. ',,&1 .. bt tho canurU"" or th':.~k!.traou a' tho fulflc eoaat. aoUraN CO'aII'nJ' at a paln't theraln dhCoDu QoJt.l,O'O foot Vonorly. .;':' .. :;.' :.":' .. :'.:)' .,' ':~' J.~'::" it' :.::.~~" :.'.~ .. .'::' # ..... , ~ \ '" .~; : ,,~' ~('''''''"~,~. i~ ,0" .. .,," ". ?"", ~ ~ .\''" .::: . 23 '11,/1b p N., RGE. 4 E, W.M. WASHINGTON ~:;:; •• :l::! ~!:.:::t::~~: .. :!d I:~':~~t~'~:';" r:!. t~. ~~~:_.~:::~ :;l!:~:d c.ntarU"" ",ll.h ch. I. ... c Un. of •• ld S~.~t."ton U; '.' AND :: \,' "::'. ;:. £XCt" all of tho •• poUion •• f t~:.) ... ,orty h_.II·;'Q ".~~b'4 conV.~'d tell Kln& ~;~::/ar loac.ft c •• l tUM Co~~.r:' tHIS by .~~Il rocor~~ undo I' 1'~rd1n, No ... ,::~~:r<~i',:':::':::,>"\i .~., ,_ ,;~;i . . ...... ' ,"'" •• ., '" !>'\..6 ~.,,:,>'~ "> ." '. .""'y£P r. (Co: _,," .... 0 .' ~ .·ef C f 0", 'flo IS' • o;~~; ........ ,:. ; c.o~~ , : .... .::.' IITUATI In -r.h. CoUl\t.y ., Xlnc·:·'"SUto of W...ihlnlton. " .. ;-=" • 1 NOn: OM IHEET I OF •• ::..;, ,'. I) G-". ~ 'V,. . ..:. ... .... , /".' -.. ~'\. ..... ,.".. .. .... .., .' " ~ , ... ~ of",,, '>. ~ >). ".,,.. .' ," ~ f) ., .' ~oi';t:. . .. ~. . .... .," . ,;., ... "'" SURveY HenV$; ~' .. ~ ... , ..... . ..,' . . ; . . Tille ~.,,:rU •• 01 1M BaCIlli Coal MIIIIC ROIod _. Kkl ullU.dnl ...... n;.,"".I.'. ",:.d"~ .lWq"· County .,. 8011'1d tu._ RuM No. 11 ('n'e, ... " •• 80."''''''''') .'*" ak~t:uit' I"" .... .:. e,,.,o:rly "'0 .. "1-/ " + .,.~~ • o . " +~ ~ ""'~-r·~·Il·"II1toIG ',-, '~~:"'" .., CO""" '€cO '00' ~ •. "". I,' :c' ~ I) n.u a11..,.ul ,1.1"'"" '-KJ", eo."I, Ft.: .. 80011 '1& 092:1) talh t .. ". ,.~ ,."., ... ;I(M'n ,II • '111" p .... , •• 1 F.;I,U""""" Jt.OWC"YCf, n.u C\11S&.'N:" .... *"". 1.11 mon •• (m:.llrUli il6.·.~!," tho: 1,0 .• ' '''--".CfkluIIl\:Iy Ir::P'~'1 lU' at-"Itl u{ dletlrotl ali, ••• , .1 11M II .... 'AI '1II1lla!"{'li!':~t!,!I)'" pollt •• GArti.,IoOo. _ ~ 0"'''' wnu ....., • ,.:k,,,",,,, lOt ua.....,n.: Jll)iau. IIUW\.-..r.,: lin ~.Itc_I"'" ~orn:lluloQ" c:u.W be k ... ad .-iu. 1'..: pWl. , .... III~,. QllllOIla.:" In III~ ",,\oJ hou~ ;alau ,,,I .. ,,,.\J,:" t'Io:IlIlM:a 10 DtMtd ~ RUiIIJ Nu II (1"",,,,,l'I;,n,.1O lho: ooofllrI.lrIl' ..... ""., nil _llICWllk .. 1 .. ulfd ....... «tvhl 1:10; "-:Ict",iocd "'duill III .. fUJII EIo~'IU .nd ICIoC"""1OIII Iltotl. "'pon tlrlis .. ,. _II: ~""U IlUIo:Iy "'flO" :. 1itle ,cport r""u)c<l I" Oouatwo_. eo...ylli., En,i.~ I...:., by Itlc ,1",", : .... ~ r .... lle' N"IoUU'lrI '" Ua"I'1.:.1I100:" Curblllll", e.r.p.cn. 101:" '" kco IIU . .".,tCd. (Ti.le RepulI: Flu, Anwrlc ... Tille 1 .. \11';111,-.: O:>",puy 01 SUlik. 4II1C1J 'wac !, 19111 CoatoJIIIt.:nl No. 1 .. 71165.j.) ~., .... ' DETAIL. ~c ...... ," line ""he "". of 'JuMllull JW4.du. 10 $aule"h,1 b«'11 dell.cd _11.:1"1 Ihe ..o • .IIh . I" " .:' ·'N.T.S. i' "A 1,_ oJ ••• I\OfU\ 1uI1I_. l)O'J.lU icc, .outh or 1-': Iwmll.:.lu COftw:1 101 C.1i. Dru.n~1I Ot'IlOI'14>f1 • •••• ,,!.: " .' .... :: ~7'H '!~~7h 1~t1.~I: ::1~~I:::.·t.~;~;ai~'~~ ::,~ri=~ltl~·~:'f~:I:;" ~~Z.'~~:C::=c:'~[:'t~~::~~:;::'~~"~:":~~.~'::~II~;~~I;~~~~ :~;I~;::~~J'~~~~'~I~'~'~;~"'" " ,,> I"" loci. Wkell (h,d_lIr 4 UildUap '"Wf'ICIIllle IInlltw,Iy p..,IKIf\ ... 1 1M Donluo" L:ul4l (JallUlty I~") •• tr.t.:I'1'~ III~ rmih,lIt,11o' ;ttritin ,.f.lftJ'IIIIh.:Ul '90.' Mn"\un\''!",, °Cl" ~1I~:"fT" OtJlfI ,,, No.-.a'-' 1'IIlU. Illcy •• d •• ·ow flab:' IMI the ~u 111'10 uf 1110: Dml:allo~ Luw ",",r'" liud "' Ihe .'al<: .>1 W.,lIiJljO,ulI',n 1'12? """oJ "r.,,,,,,,I)', ,tn.:ct \1\1: t11~n~1 "';11 "~~Nm,",." : 0.1 .... 1,510.70& ~I _,h .,1 ,lie Mf' .......... ~I." oA 1M bulla"". LooIMI Ckl .. OaNn.:,,Il; ,iun. ."",",u-';"" 'DO' ,uw ·re.· >.II, IIU' "'~'{~'.",.: I~U.a:,r""t:r 0\; "'i.1i-1Iill~ ,urv,,1' (elf ,'.' "(j'dlillp ,M •• ,ulblisJr.eo.t 1M sou'" lina uf .hoc ,r1olO.1 ,1Iqr -.etC '.b¥ioJill, as • h .. (lni"llI", ;U """, .. melll Iyt't ;01''' ,",,,I h ..... ,~c.n ," .• n'" ~ .. ".~~ ..... ,.. .. "'un"No.!ru~ '~J:-:o ftI~ '!-"~'"",,=-'c ht'J '!\~ IM'uW , ... te° 1M ,.,.Ilel \0 IIIe I-Uflll III1t 111.11.: Oo.:lllon l.a ... CIa_ Thil "1'f'C~"" It) toe ~'''"I1IIlIl' .·.I~' anu "'o.!~' .,no) ''''IfIIIII,'':'UI 'ce' ~"IJ '~b' \\1:/": h.:lU :.I]'f "ollll"wl,h ..Jht"'uu,!~· ~ .h.l4o:Klta.:.d 11_ IIli~i'" ,ew:: 1II,"ll1"l,sltl"J" led __ d&.'"~ "The 'NII.~I..I: ... hitlrl ;o1\oJ rll~\'litll"i"," .' .' • .,~ '~. .,.,Y' rJ*'" ~~"o. '''~. "," 'ic \. ,. .. .... .,. ,,"::::.~\~ .,., \ \ \ \ \ ... , "~". ':' .: .... :~'J !~:w u= ~I~e';, '~':I:: ~~:aa:,:,~ ~K --:;'~::l~~I::'~~ J;,:~!~'" A...,i,l>lII, ;III" ~~~~~~CI" I:~ C~:;';~r:,~:~::~'~:':,.',:7~. ~"n",n, fih;d IJIIII", r~t"tUIJfI" "~):~ I')", Ill.\. :.:''" .:::' :::' :.~.:.:" .~/ ..•... t ., .... " ...... ~. 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~ •• ":' .' . .,'.,.. .:.' .u .... "rt-t .... Ul1t .. ,.t ____ ln.A..t~_ '1,..etl"'l,"ulIl"_U"lt"t~II~:~~.~lrI'I~.~:!"'~ 9 g ":, r1e1r~J.r1D ronstruc:tlon. Co .n.~.:. · .. ·:.5 .;:,. ~.~:;. .;;s;;;;;. It p •• , __ .l til. rllJlllt It ~_.~:u~~' '·~"'·~\:!i~til1'.g r~~ lind "IWIn!"'. Sir .. ),,,, , EntUl:.~ll\:.~;\~lt;;· 2!51-6222 : 9~"25 1 00-Aven~~ Sou ~'h" .. ' .> . m .<em'. Seattle'"'"WA .. §810~ .:.' :·'OF /. ,.,.:. l "''''-~U".,. (' II ~ -v-Jl~ J' '",w,,,. "" "" '.' ..... .,'. ,... ::' 6." :-""" lUI./"lluriiiUi;{; .uri, -. tIIlt~t~·::.:~n Z'lJ.w ~90 mu.: 1'110..· • .'to.: 31j:5~__ KING CO. I ~~?~_~_~~ !_O~f .~::., .. ---....... ', ------- :: ';': ...•.. : .. ~#/21;z. '?"1 '1'1-11b & .. "" .: .... : . RECORD OF SURVEY . A PORTIoN' OF THE SOUTH .. '/' CiTY::-Of.. REN'TON AND, .... ". .:' .': ., " ONE HALF OF KING SECTION COUNTY, '"'''' .... , ... ,. ....... ; ... .. ,' . .. , ...... :: . " .. ~., ".' . ..:./ .:~., . ,.~,. :'·~~~~i~~;~~2'~;(··' ./: .... :~~: .•. n. Sat. ~""r ... toraet SeOII&l.t I). -n-Ih,p 1.'\ Nnr'~ .. Ra.,c .. East. W.M ...... 100111 ... '''' 1.10:.0 .... '" In_ Ki., e .... II., """ .. 1 SlIrvq Dlla. . .'. " P. H I. .. o. P. o b'.cul COUIU klio. U, "l'owuh,p 1.'\ Ho,,~, R.la" .. [!;al. W.M, roll"':~'b.':\ Itl~'k.~:·.\· brlltl ,iu namp!.1l6@(in.:a.tI) (I.'.""', .•... ,.:.' SiMI" qUlfII:r COl..:, S~Cliall Il. TII .. Mhip H Nn,.". "'allCC 4 lioul. W.M. 11111'" .1' 1'114" .Ii ... · Iftt:LlJK'rC:IC"..I(12.)(j.U) :rAo1i11tW<$1 <:Ol1ICf s..""lloa 13, ToM~ip 2l NoHI~. Ra",,~ .. &11. W.M., ~"J'" I"." II ... ", (1I11C1'\:1C,..t(Il ... \IJ.P, :\.!lIIfMI.ftUllll:;atfUlP buh wi.,], r" U~I:t~.in 10::.4 ,~Ic;.r'1IR ,...._ .. (j.l.l.)!.), FOONI pl!Ktt wilh)',)'",1ll pin in ~ 'dC.IC·~~'hlll (j.lj-Ao). 0 .. , f." ... ""'"' .... ' M,I! lMIIC:IlIIIC:ry. ,.f"'" Fa\lIW ""~ MIII.l'. J' uccJ pj~:'i~ ~-td.:,o: ...... roNal. i;·:,~."",,). Ou''''r ",'RII'''':IU willi .... t .. ~_,.,. , •• ::. ::.1:",". '::::. Flllofllll ~Q wil,,)' I)' tI~ 'lflllI.~'" f~"''''.i~II'' (j.I.~ ... .I);·. Dllf .... ' ..... ftllln\'''' ,\'111, no rcU)¥cry. ..:::.' ;./ :~:~ ';; FOIlJId p.lolcll .. it,,)' .'.,)' lteet pi. '"~ lwU ftfCfC.1In r->'IHI (~.U.IN~·: Delt lor mUllum.:r .. "ilh IIU U.W\'ety. • ... :.:.: .,:.::: .'::/ .:::: "· .. Il"" ,,,1.0;' W!.Ii"')' I" lied ~.~ k~1I JI:f.:rc,~ ""llnlS (S.IS:fCl). Dill I<w .... 11\~I'I..:n\ ... ·111 • ,.n f\;II;tWIC:>.::: ./:. .,,:;' .. ::,., .J •• ~ •••• -••. ~I •••••• : ••• _ ~"I~i~~!:, b~'7I'::'!~:: ~~~~i~.~~;~:~~~:"~;::":\I~~lltl;::.n~':; I I.': :::1:::;':: ~~h~';!~?i i:=:::~I ... "~c~ ~:L~!.".;.lj'::~1 I~. li~~.,~'!.tho: '~:~ .. :'~M" Full ... ~ppcr "I" i" "~"'''.~,el'' ~.U""'·bduw " .... ~ (~.I:\.,q) ... :I~·11II 19.:0. ~ ( •. Ir""~' :: ... H'I.:ft'ftlP (NHtt III FleW auu"·:t' .... LI."..ac IU) oa I"C'."tlllll~.\" Ift~ OoIN't~. LoN! :: ("1loIM al'" _II .. ~ .cli .illl I'IIn •• -':II" V ;'1111 W. Ta'" .... w.: .. t ... tt:,hli.lw:oI "yiIlV., .... , Q, Y III1d W IIAd It.wI 4 faw dou.Ire .. 1 0" lIr:!t)' lIad 11)6 rC~f,::trn 1.U) .: .• ;, ... :.... . ,:: ~,~;.~~:r,~:.~=:.':.:~,~~:..:~~,'t:',~'~~,~,:~,.'~'~:t~!'';.:~i::~,~~~. "~.::~~;,~;:~~t· 1.( .-::' .' . ....... ""'. ~ ':' . ":' .. I'4ofIIi<:MI U>fKf or C.E. a-...::u o.".lliuli ~IIII (·L.I .. NOI. 41. M",U.lII'ICall,III,I'·'IIII.:.1 .• :' l'1I,iI\UII uk.lllied "0 .... 19~ Oafll, .... ' .lL llil.~"Ip Unlit..: (F,,,"" 0.., ... lJ..l "II """.:<: /Ill) u~:'. Ih~ In."tr'" w ... bi.LlMoCd;,*' lul4h.oJ h'llI _'illiCite,. .. n. \/1111<1 w. JIIC~ Wtlu .... "tlllh 1I1l',.,J ':"" I ······::':1,'.:" ......... ,·, .,.... Ill\" lit ... " no.. .... n .. '~~ lor 'hi~ ""'I:IM:. RECORDING CERTIFICATE: Recording No. './21&., • .,., __ . _. _ 'llt~ , ... "feW" t~l,_"_I\" ., ____ Ut1L.t---.:_ _.11. t. hU __ ., SUr"" .t , •• , __ ,t t~. r" .. ut .1 ""'.,..l.Lu-I ... l"" <$", .:;.'!.!tl(!a.l.f.Atuu. LAND SURVEYOR'S CERTIFICATE: ............. . ~:. .~. " .~.,. ' .•. .; .. ::;'.:;. '-:"';" 13, TWP. 23 N., RGE. 4 E, W.M . WASHINGTON R. rllllltoJ \"I.'f'rC1 I"ft In ~IJ''''I,I~ ::'0' "" .. 1'0< "' .. <l .' .. n, ... .; (.1.~'.,>'!J. Mu" .... '.:", ,,~\ .... , .,,' ,h,' I" .. , I~ ·SIIL.,:.. Vkw '!"~,h' ~. filII"" Npp.:r PIli til t"\""To.:I": (III~·J .... -d) (',"!'I·Ii'J). t,.t'U'IIMI:'" ...... ~d ,m lito.· I.L'I .!l·SII.,' V,c_ Tn,,,' f ........ (1 ...... r....,' I"a III .. In .. "t,·It' Ih' h..1,,,,,, ,oall ",rln,,: (.1.!II~"').. M""lIlIletol WJ,.~ ..... 1 folf ttl!.· ·R.l.I1.lIuud; ,loIIIUi .. lIl" l:. .. rhIlJU"'.' v f;lIon.! p"'I~II nUh·1t 'II bl ... ",.: '" ""I'" ,",,,,,,,,,1" I."" (1·\·f>'J). C,,,.'" lu,II , ••• ..: ..... " ,I( In.: Ll\~bh~hln'::lIl 0111'li1 "''''\ull, ... I. n)oj,..j """"",,"'''1 10 "" ,l.11· ""'11111 ,,' !ill..,. v. ~:;~;~ri}!~~I~i~~~:~~~~~~~l;,~',~~~~::::'I~:~IJII~:~.~:), ,,~~,II:~~~;~:~~,7:~2~1. :::,~ .. ruwaipfI: ill .. :.-.).: .... ":'I"~·'.;II: Ikhl (1.:\.1C'J) .• / hi. ",.'''"U'U'' '"',I' .... , by Gaul"", '" II'I~hj", ••• ,~I~;,)~,~~f.~::jl~;.~~~~:~~~~:~~~~:~~,~D,~;~~;::::~~:,[(J.~:;~i-:~~;:,:;;' ~ ~1~::~:::':::::;I':~::~~!f;;:':~;::,~:.:;,:~:~Z:~:~:~'~:~~",~:" ". .ICCI '1I111~ 0/ Ilre'-lt~t~1I 1:' .... '~11w..: 00'"""'111 tAo"..,! ChHI'I;-On.,) ,~v;, / ... , """ .••. ,,' tfr,.·· .. :a.1 I,,,,, "' ' .. :·1 .. " Dc" ... l,.,n L.an,} r'(!iT\' .. I" .. ~. (;:11"11",", ,\( ItjUI,,")." I,'"l .. r.-J'; 1'1~1I tF~l ~,It'1. 1UJ II.'''' .,.' .~~;~~s~~:'i:i2~~;~::~~":·~ A". nn uu EC rr ~:':::';"':~: :;';:::,~~:i?::::::::t:;~·~,;:.:, ';i;;:::::::: ,: ',,::~~,,~::",::::,:~::, , ... $o.'\lln_,1 l.;.",~I"" 'ltit.111.,'II'ITlwlIl:I'·AOI\:"I:<.: ~.,u1, ... ,~I, Ah .. 101,,"11 '1I1IIt..r "11'11'"111:11" ~.~;l~\.',';.;:; IN~I~~:I':~I~~~r~ll~.:~'~~,I;·J;~ ~;:;;,ti::.!':''':::i;''~ ~~. ~. 1:,,,1 "I'I","ml~h'" 'J l;j ".: ~ :.:' Fm.n" brloUl~ III "'''''I"\.I~ IllUnll.,CIII I.'" tk),w.\ ()·11.~') ~.'nunl..:ftl ,. ul Vl'lIo."""," I'fllI'''. "",rl.. III.,ft hr..c'~ 1\,;1'" "' • .:0;01 'v .... C ... ~ .. I" 1'101" O .. r<l",·' .'" HII..:"ln~ 1~~"), 1''''11''' ''I''lIro: .h.l'..:..I ~Iulle IIIUnVlQ,Cftl .. Ilh"." , ...... 'X' 1..\" J.oIoW" (1.11.\N). "" ... _'''U'' ... n' .. ~I l',of>41.1Iy .1:1 in L'IH IJ)I G .. ,,,oc, '" 1111.: .... " s.:..: 11010; J "" .h<:~·1 ~. 1.1.""." .. .::1\1 " .. ,.:4 .,,~,," bt ~~IC ul W .. l'li",lon .. n "·flr ;IIIJ ,.(",,1 .. tot SIIIII: Ild"" N .... 1. I.:.ln:. ( ..... ~"nly. R.::nlon (0' ::.:.·~lIk ."I"O\o'C<i O."Jb ... r .. , "}21. "' •• n":,·1 ~ .,! lit M"n~",,'I'1 " .. , 1.11 I'~I """" ........ ..,d. Cllft"rclC mLlllumeni "'lied 101",,11 by lhe 1 ... 1'" Uf "".""'.11"",. <III ),,1"'1. lind 'wfil.: .,1 :il:lol..: M" .. 1l N ... ? Kift, ('nunl). Iten"". hJ Sc-;tllh: ~P('fu .... -d 0,,'"'''''' "", I'J.". "" ,10.,,,, I "f hI I' .. j,,, I, ... ~ ..I \(I..: of lin 1,., hlt.h .... "J :>1111 ..... ' \J .. , f .. r IIvl nOI 'CI..1\",·Teli. FlluCl(1 ~I((:I f\ln In I~ .. (,/ ... 1111 ). x :t. R.h. ••........ . ... ~;. .. ;: .. :.' '; .• , ,:: .' ,.", .. ,'. ...... Barghausen ." .•. . SOOTH. 1'/2' 13-::-23N;-4E . Sfi'T Consulting EngIneers, toc. "".n , .. "r" .....: ,.' .'" .... """,,,~":: [ 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