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Tom Redding
Baima & Holmberg
100 Front Street S
Issaquah, WA 98027
tel: 425-392-0250
(contact)
PARTIES OF RECORD
EMMA'S FINAL PLAT
LUA04-138, FP
Bill Hughes
15220 Cedar Grove Road
Issaquah, WA 98027
tel: 425-392-4144
(owner I applicant)
. •
(Page 1 of 1)
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DEPARTMENT OF COMI\-IUNITY AND
ECONOMIC DEVELOPMENT
i\IEJ\:IORANDUl\I
,\pnl27.1009
Amber J jofiinan
R{l~ale TimmoniT"f"
Rd~a," "r .\ssjg"m~nt 01 Fund,
Lmma', PIa! "etl"n,] ;\1 il ig;olion J\J onitoring
('i1) of R~nfoll LlI,\04-D8
PlcnSl' 11lli Latl' lhe PJP~rw(\rk (0 r~kase tile .>\,,,i f;lll11ellt {) r hllld, i(lr the Wl'lbnd
111l1JgalioH pwje~l al Eml1l,"" PloT. The 3lTl(lUlll i, I,,, S14.1 ~~,(I0, TIle rl'ieu", ~pplie, In
thL' "di:LuJ [llltl g~l1()tl mdill1~lWIK~ am] n,onitorJ ng A ~"jlY Df th" papeT\\ ork ,hould
also go in the \ell,\\\ file Ln the Cit v Clerk"_, ,,(-lie"L'. " "
Denis Law
Mayo<
April 17, 2009
Bril Hughes
•
WH Hughe~ Homes
15220 Cedilr Grove Ro~d
Issaquah, WA 98027
Department of Comm<Jnlty & E<onomlc Development
Subject: Receipt of Fourth Annual Maintenance and Monitoring Report
Emma', Final Plat
City of Renton File No. LUA 04·138
Dear Mr. Hughes:
This letter is to inform you thilt I received the fourth and final annUol maintenance and
monitoring report for Emma's Plat wetland mitigation project. Upon evaluation, it appears the
project is in compliance with the established performance standards thereby satisfying the 5
yeo' successful monitoring period requirement.
I have initiated the p.perwork to release the Assignment of Funds forth" wetland mitigation
project, In the amount of $14,188.00. If you have any questions please contact me at (4251430·
7219.
Sincerely,
ti~~
Current Planning Division
<c: City 01 Renton File LUA04-138
Simone OILOer (Allman Oliver Associate,. LlC)
Amber Halfman, Secretory II
R~"(Dn Cn)'Hall • lOSS >Duth GradyWay • Remon. WashIngton ~8fl57 • rentonwa.gov
•
• • • Altmann Oliver Associates, LLC
March 31, 2009
Bill Hughes
WH Hughes Homes
Tiger Mountain Professional Bldg., Ste 130
14401 Issaquah-Hobart Road
Issaquah, WA 98027-6925
"
Planning &
Landscape
Archi(:'ClUre
AOA-1912
K.:FERENCE: Emma's Plat, Renton -Wetland Mitigation Monitoring (Year 4)
City File #LUA04-138 and LUA04-025
Dear Bill:
This report documents the conditions within the Emma's Plat wetland mitigation area
following the fourth full growing season after completion
VEGET AT10:>l SA\1I'L1NG PLOTS AND PHOTO-I'OII'iT LOCATIONS
Field investigations were conducted by ADA in April and October of 2008.
Additional field investigations and maintenance review was conducted on March 30,
2009. Dunng the site visits, the vegetation sampling plots and photo-point locations
that were established during the baseline assessment were re-visited.
The locations of the sampling plots and photo-points are depicted on the as-built
plan (Figure 1)_ Attachment I contains photographs from the established photo-point
locations taken on March 30, 2009 and Attachment 2 contains the data from the
vegetation sampling plots_
, ,
WETLAND lI¥nROLOGY & WATER QUALITY
Hydrological conditions within the mitigation area continue to be gerlerally as
desigrled. Shallow ponding was observed within both the wetland creation and
wetland enhancement areas during the field investigations and water quality within
the mitigation area continues to appear good.
WILDLIFE OBSI':I{V A nONS
Observations recorded in the mitigation area through the 2008 field investigations
included a variety of Wildlife species. including mallard, buffiehead, Canada goose,
American crow, Amencan robin, swallows, song sparrow, dark eyed junco, black-capped
chickadee, spotted towhee, black-tailed deer, raccoon (tracks), PaCific chorus frog
(tadpoles), and a variety of aquatic invertebrates including dragonflies. damselflies,
whirligig beetles, and backswimmers. However, due to the time of the site visits and
cryptic nature of most
r---------------------------------------------------------------------
Bill Hughes
March 31, 2009
Page 2
• •
wildlife, many more species likely utilize the site than were actually observed during the
field investigations.
GOAL, OBJECTIVES, & PF:RFORMANCE STANDARDS
The primary goal of the mitigation plan was to replace the wetland functions lost
from the pmposed development. To meel this goal, the following objectives and
performance standards were incorporated into the design of the plan:
Objedive A: Increase the structural and plant species diversity within the mitigation
area.
Performance Standard. Following every monitoring event for a penod of at least five
years, the mitigation area will contain at least 12 native plant species. In addition,
there will be 100% survival of all woody planted species throughout the mitigation
area at the end of the first year of planting. FollOWing each monitoring event after
the first year of planting, thare will be at least an 80% survival rate of all planted tree
and shrub species or equivalent replacement of a combination of planted and re-
colonized native species.
The mitigation area currently contains greater than 12 native plant species and thiS
portion of the performance standard is being met. Based on the vegetation plot
data, plant survival continues to be high and is well over 80%, Those few plants that
were not found have been adequately replaced by natural re-colonization of native
species,
Objective R' limit the amount of invasive and exotic species Within the mitigation
area,
Performance Standard: After construction and following every monitoring event for a
period of at least five years, exotic and invasive plant species will be maintained at
levels below 20% total covar in all planted areas, These species include, but are not
limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass,
morning glory, Japanese knotweed, English ivy, thistle, and creeping nightshade.
Maintenance conducted within the mitigation area in March 2009 has controlled
invasive species, primarily blackberry. The overall areal coverage of exotic and
invasive species is currently well below the 20% coverage threshold, and this
performance standard is being met.
Objective c: Increase the value of the area to wildlife by adding habitat features
(i.e., snags, stumps, and downed logs) into the wetland mitigation area.
Performance Standard After construction and fo/lowing every momtoring event for a
period of at least five years, the mitigation area will contain at least one habitat
feature per 1,000 s.f. of mitigation area.
Habitat features were generally installed to plan and this performance standard is
being met.
Bill Hughes
March 31, 2009
Page 3
• •
Ensure continued wetland hydrology within the enhanced and created
Perfonnance Standard: After construction and followmg every monitoring event for a
period of at least five years, a minimum of 0.6 acres Within the mitigation area
(enhanced and created wetland areas) will be seasonally inundated or saturated to
within 10 inches of the surface for a continuous duration equal to or greater than
12.5% of the growing season.
Shallow pending and soil saturation was observed in all created and enhanced
weiland areas during the field investigations and this performance standard is also
being met.
CONCLUSION
All of the performance standards oullined in the approved mitigation plan are
currently being met.
Should you have any questions concerning the monitoring program, please call me
at (425) 333-4535.
Sincerely.
ALTMANN OLIVER ASSOCIATES. LLC
~~
John Altmann
Ecologist
Attachments
cc: Rocale Timmons (2 copies)
City of Renton. Development Services
1055 South Grady Way
Renton, WA 98057
• •
Photo-point 1: Vicw looking southeast
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Photo-point 2: View looking southeast
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Photo-point 3: View looking \\'est
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Photo-point 4:
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Photo-point 4: Vicw looking south
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FI6RE I. A5-aJILT WETLAND HITI6ATION PLAN
EMMA'S PLAT, RENTON, JiA
"<Ell 0.1
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• CITY.F RENTON
.March 23, 2009
Bll1lIughes
WlIllughcs Homes
15220 Cedar Grove ltoJd
Issaquah, W A 98027
Department of Community lind
Economic Development
AI.~ Pi .... h, Admini.tralOr
SIJBJECT: Request for Fourth Annu31 Wetland Maintenance and Manitoring Report
Emma's Plat
City of Renton File LUA04. tJS
D~ar Mr. lJughes:
"lhi, kuer;s to infOlm you that (he fourth annual wetland mamtenance and monitoring [CpOrl ['Jr
Emma's Plat waS due on January 15, 2009. Please submll t".-o C91lie, of the repoTt to my attention
no bler than April 17, 2009 or this matter wlll be rcfcm:d (0 our coM compliance inspector.
If you hu vc any questions regarding tlu" leiter. plea,e contact me at (425) 430-721 ~_
Sincerely, •
1:~m::!~
Current Planning: Di,-isiun
<C' Cit) or~on_I"" UJACt..t·IJ8
Snno", 01"" (AU",," Olim A"",,,,,,. lLC)
.. ~
--------------RE N TON
1055 South Gmdy Way -Remon. Washington 98057
(i) Th',,'","'<m"""~ ,~y_"" ".""". JO",po~"",~"~" "'C'" '" THE CCRn
~~'\ • ~~~Ie; Dcni,uw, Mayor ~)N'rO
Janua,-y 2~. ZOOS
BIll Hughes
WH Hughes Homes
15220 Cedar Gruw Road
ls"aquuh. WA non
C1TVe'F RENTON
PlanningIBuildingfPublic Works Department
Gregg Zimmerman P.E., Admlni" .... 'or
~UIl.JF:CT; Recei,,1 of Third Annual \Vetland :\'iai'llenancc and Monitoring Report
Emma', Plat
OIl' oj'Rc'1lion File No. UJA04_l3H
Dear M". Hughes:
This kllcr LS to mfonn you (hat I recel\'ed the third annual wetland maintennnce and mom lOring
re)l()t'{ hom A Itmann Oli ,-er A"ocia!e";· on January 22, 2008. Per the rt'port, the ,,~tJand mitigation
project lS m compi""ce w,tll established performunce .,t~ndarJs, and appcurs to he lund;onJng
["wi), Plea" contLllue mamlen;mcc "ork t[) keep \h~ level of Lnv""ive/exolJ~ ;peci", beluw 20% ..
T look f()n"~rd to recei\'ing the fourth, "nJ final, "nnual repnr! In JJnuary 2009_ If },OU han any
quest,on" regal'ding this letter, pleJSe contact me at (425) 430-7270
cerelv,
.1 '/!. >,i vWc (\~
Andrea Pelzel Pl.<nn"r
Oevdop<nen! Service, [),vl>;on
n-C,,, ,,[Renton 1',1, LUA 04.1.1,
S"''''''' Oh,'wJollll ~llm<mIl, A[';~an iJli",~ Assoc,a'"" LLC
------,COC"c"'~"~iliCGC""C-,CWC.-,--RC.-.-.. -•. CWC.-,ChlC.","-~,"-O-;;-------~-
*Th'"""""""""'5Q"~m..,,,,, ___ ...... AlIHD or T,,, ~U'VI:
• PlanningiBuildinglPublicWorks Department
Gregg Zimmerman P.E., Administrator
February 20, 2007
BIn Hughes
\VH lIughes Homes
15220 Cedar Grove Road
hsaquah, W A 98027
SUlUECT: Re.:eipt ufSecond Annual Weiland Maintenance and Monitoring Repurt
Emma's FbI
City of Renton FIle No. LUA04-138
Dear Mr. Hughe."
11", lener is to m[uml you that J receIved the second annual wetland maintenance and mornluring
reporl from Altmann Ol,ver Associates on Fcb"wry 12, 2007. Per their report, the wetland
mL\lgatlon project is in comphance ",ilh establlshed performance standards, and appears to be
functionmg nicely. Please contmue mamtenance \0 keep the level of in_usi'c/c"otic species below
20%. As a reminder, maintenance work in a wetland/wetland buffer mu,t be done by hand; use of
mechanized eqUlpment is not pmnilt.cd.
f look [orw"llrd to re<:ei\'ing the third annual report in January 2008. If you have any question'
regarding this letter. please eontllct me at (425) 430-7270.
AndreJ Pelzel, Planne.
Development Service; DiVISIOn
"' CLtyofR"nlonflloLUA04-I.l~
),nmfe' Ilon"ms. Cu"en' J'lannmg 'v!:mager
SImone OI",wJohn Altmann. Allman 011,,, A'''''''le,. ttC
J035 South Grady Way -Renton. Washmgton 98057 ® Tho _co<rta", """ """"""m-,,, __ """""'" "''' AI> '" Til' CV"H
•
January 29, 2007
DIll Hughes
WH Hughc" Homes
15220 Cedar Grove Road
Issaquah, W A 98027
CITV"F RENTON
Planning/Building/Public Works Department
en'lll: Zimmerman P.E., Admioislnllo,
SUBJECT: Rcque't for Second Annual Wetland Maintenance and Monitoring Relmrt
Emma's Plat
Clly of Renton File LUA04-138
D~ar Mr. Hughc;,
This lctler is to mfonn you that the second annual wetland mamlmancc and mOnitoring report for
Emma's Plat wa, due On Janu:rry 15, 2007. Please submLt two COPIes of the repurt (0 my attention
no later than february 26, 2007.
Ifyol.l have any quc'llons regarding thi' letter, please oontact me at (425) 430-7270.
Sincerely,
Development Services Division
" 0,) ofR"",," hi, I UA{U_I-'S
.,"
P,u' H,'''. cud, ('",np"'"" '"'pc<tOT
J,n"f" Hmo,. .. CO",,", "'annm~ Mom"""
S"''''''' 010,,,, (IIi LIT"" Olm,,-,,",,,,,mL,,,, LLC)
1055 Soulh Gl':ldy Way -Renlon, Washinglon 98057
" , ® Tho_"'",,"".5O%~";""'''', 3D""",,,",,,,,,,,,,,,,
January 19,2006
Bill Hughes
WH Hughe, Homes
15220 Cedar Grove Road
Issaquah, W A 98027
• PlanningIBuildingfPublic Works Department
Gregg Zimmerman P.E., Adm.i.Jlktrator
SUBJECT, FIRST ANMiAL WETLAND MONITORING AND MAINTEr>;ANCE
REPORT -EMMA'S PLAT
City File, LUA04-025 & LUA04-138
Dear Mr. Hughes:
Thank you for your suhmittal of the First Annual Wetland Monitoring and Mamtenance Report
(12130/2005) for Emma's Plat. The report show' that all performance standards have been met and
that the wetland mltigation area is successfully functioning as designed.
We look forward to receiving your ThlT<:l-Year Annual Report next winter.
If you have any questions regarding tlns lctllrr, please contact me at 425-430-7294.
Sincerely,
Laureen N]col.y
Development Service, DlvlSion
<c-Ci'l'f,k LUA04·1l8
Simon, 01"", (Mm'''' 01"", A>.Soco"",. Ltc)
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November 15, 2005
Laureen Nicolay
CltyofRenton
1055 South GIady Way
Renton, WA 98055
\VI J
HUGHES
II(),\IIS
RE: Emma' 5 Plat Quarterly Monitoring and Maintenance Reports
City File #LUA04-138 and LUA04-025
Oem: Laureen:
=~-RECEIVED
NOY f 6 lIX!i
BLJJlDINa DIVISION
This letteri~ ill response to your letter dated-August 3, 2005. We ere aware of the
reporting of wetland monitoring and mamtenan<:e Jq:lorts for Emma's Plat My compooy
has retained Altman Oliver Associates to perfonn the monitoringand reports to be filed
with the City of Renton.
The work to date has been completed but the reports have not been submitted. Mr. lohn
Altman has notified us that the reports will be completed by December 31, 2005.
Thank you for bringing this matter to my attention.
WH Hughes Jr.
President
cc: ]ohnAltman
15220 Cedar Grove Rd. l,uquab WA 98027 • T.l, 42)·392·4144 • FaK: 425_392_4391
•
rUNITED STI\TES::;:=::;;;:;:JIilrJl:=~=-;;;::::;-
,
I I • Sender: I
August 3, 200S
Mr. Bill Huglles
WH Hughes Homes
15220 Cedar Grove Road
Issaquah, WA 98027
• CITY .F RENTON
PlanningIBuildinglPublicWorks Department
Gr-egg Zimmeno.n P.r.., Admini.tralor
Subject: Emma's Plat Quarte~y Wetland Monito~ng and Maintenance Reports
City File #LUA04-138 and LUA04·025
Dear Mr. Hughes: _
This letter is sent 10 advise you that the Oil' has not yet received the first year quarterly wetland monitoriog ood
maintenance reports for Emma's Plat. Renton Municipal Code (RMC) requires thai a wetlarJd specialist prepare
these reports consistent with RMC 4-8-120D23. Since you provided the City with documenta~on of wetland
mitigation improvements an January 6th of this year, we should hare recefved the first quarterly report in Aplil and
'the 2nd report in July.
Renton Municipal Code Section 4-8-12OD23 mandates a millimum five-year we~ar!d mitigation monitoring and
maintenance period. Aller the first four quarterly reports are submitted, ooly annual reports are required thereafter.
When your W!!Uand mitigation projeet has been suCcessfully installed acconJing to yom approved mmgatlon plan for a
period of five years, you will be eligible for a release of your First Mutual Assignment"ol Funds II would be to your
advarrtage to provide the City with your weUand COrlSuttant'S flmt year quarte~y rlJPOrts as soon as poSSible w that
your ~year doc!<; period may begin. •
You may submit the qu.arteny reports to my attention. Assuming satlsfootorY weHantl pla!l~ng performaroce, n I
receive the first quarterly report this mooth, and 3 addrtiorIEII reports 3 mOnths apart overthe comiog three quarters
(e,g, November 01 2005 and Febn.lary and May of 20(6). you would potentially be eligible to receive a release 01 your
security device in August of 2010.
Sincerery,
6;,:N~~
Senior Planner
cc: Simone Oliver
Altman Oliver Associates, LLC
PO Box 578
Carnation, WA 98014
File #LUA04-138 and #LUA04--o25
Juliana Fnes
Jenlllfer Henning
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I Laureen Nicolay -Revised Emma's Plat Wetland Sign-off , .'
From:
To:
Date:
SUbJect:
Laureen,
• "Simone Oliver" <Simone@altoliver.com>
<Inicolay@ci.rentoll.wa.us>
Thursday, January 06, 2005 11:49:31 AM
ReViSed Emma's Plat Wetland Sign-off
Here is the revised sign-off leiter per your comments to Bill Hughes
yesterday.
I am the we~and biologist for the wetland mitigation work that was
completed at the Emma's Plat project for Hughes Homes.
We have conducted tile final review of tile mitigation area and have approved
of the wetland mitigation construction. Grading was completed in the late
summer/early fall of 2004 followed by planting in the late fall/early
winter. We are very pleased with how the work was completed and are
confident the area will provide quality wetland and forest habitat for many
specoes of fiora and fauna.
The mitigation area was installed per plan with the exception on only one
plant substitution" black \Winberry was substoMed for hi9h-bush cranberry
due to lack of availaboloty. Both plants grow in the same hydrologic and
exposure conditions and are native to western WA
The mitigation area is currently functioning as deSigned With adequate
hydrologic support.
Performance monitoring for this project will begin in the spring of tilis
year followed by quarterly Visits forthe remainder of2005. We will subm~
a report to you at the end of eaeh quarter of2005 summanzlng the
establishment of the mitigation area during the first year after
construction. Monitoring is then required yearly, witil yearly reports
submilted to tile City through the end of 2009.
Performance mon~oring to ensure compliance With approved mitigation plan
revised 812012004 for the wetland mitigation area at Emma's Plat is
estimated at $1900 for the first year (4 quarterly visits and 4 reports for
the first year) and $800 for each year thereafter (one yearly site VISit
with a fall report to the City each year -2006-2009).
The mitigation area will be monitored per tile following approved performance
standards for tile project (from Drawing W4.1 of tile 8120/04 constmellon
documents).
PERFORMANCE STANDARD FOR OBJECTIVE B
Following every monitoring event for a period of at least five years, the
m~igation area will contain at least 12 native plant species. In addition,
there Will be 100% survival of all woody planted species throughout the
mitigation area at tile end of the first year of pla~ting. Followmg each
monitoring event after the first year of planting, tilere will be at least an
80% survival rate of all planted tree and shrub species or equivalent
replacement of a combination of planted and re-colonized native species.
PERFORMANCE STANDARD FOR OBJECTIVE B
PaQe 11
l-aU,een NiCOlay" KeVlsea t:mma's I-'Ial wetland ::;'gn-otf
• • After construction and following every monitoring event for a period of at
least five years, exotic and invasive plant species w,11 be maintained at
levels below 20% total cover in all planted areas These species include,
but are not limited to, Scot's broom, Himalayan and evergreen blackberry,
reed canarygrass, morning glory, Japanese knotweed, English ivy, thistle,
and creeping nightshade.
PERFORMANCE STANDARD FOR OBJECTIVE C
After construction and follOWing every monitoring event for a penod of at
least fIVe years, the mitigation area will contain at least one habitat
feature per 1,000 s./, of mitigation area.
PERFORMANCE STANDARD FOR OBJECTIVE 0
After construction and follOWing every monitoring event for a period of at
teast five years, a minimum of 0.6 acres within the mitigation area
(enhanced and created wetland areas) will be seasonal'v inundated or
saturated to within 10 inches of the surface for a continuous durotion equal
to or greater than 12.5% of the growing season.
•
During each monitoring visit, the performance standards will be measured and
SUCCess rates will be summarized in the reports to the City. Additionally.
maintenance issues will be reviewed and regular maintenance memos Will be
submitted 10 the landscape contractor for completion.
Maintenance should occur at a minimum in early March. May, July and October
per the long-term maintenance specifications (Part 15 of Drawing W4.1) that
were included with the approved wetland mitigation plan set (Drawings W1 1.
W2. 1. W3.1 & W4. 1 dated 8120/04).
II you have any questions or need any additional information, please contact
me.
Thank you,
Simone Oliver
A~mann Olrver ASSOCiates, llC
425.333,4535
simone@altoliver.com
cc: "Bill Hughes" <hugheshomes@earthllnk.nel?
Page 21
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Return Address:
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
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L J)6:,LAF2.ATION of ccg [Z. tHI-iAS:f'LA-r ,
of Documents assigned or
" Ws On page ~ ofdocumell1
AddItional nam<. on page ___ of docWllent
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.m
~" ___ of document
Parcel/Accoullt Number
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I to)'lUl d""umenl ",un be fill,d in)
o Assessor Tax # nol )'tt .ssigned
recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
________________________ Signature of Requesting Party
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91lJM4
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DECLARA nON
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
,FOR _
THE PLAT OF
EMMA'S PLAT
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• •
DECLARATION OF COVENANTS, CONDITIONS.
AND RESTRICTIONS
FOR THE PLAT OF EMMA'S PLAT
TIllS DECLARATION is made on this.i3... day of :1'At0. , 200t)by WH
Hughes Homes a Washington corporation eDeclaranl").
RECITALS
A Declarant is me owner of that certain real property located ill the City of
Renton, County oCKing, Washington, and more particularly described in Article 2 of this
Declaration
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to aeate a residential community ofsingie.family housing
(as "single family" is defined below) and related uses as set forth in Section 6.2 hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions oflms Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mol1gaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth,
which are for the purpose of protecting the value and desirability of; and which shall ron with
the title to, the real property hereby or hereafter made subject hereto, and shall be binding on
all peroons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors,
successors-in-title, and assigns and shall inure to the benefit of each and every owner ofBlI or
any portion thereof
ARTICLE 1
DEFINITIONS
1,1 Words Defined The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have the following
meanings:
L L 1 "Association" shall mean EIIlIIlII's Plat Homeowners Association, a
Washington nonprofit corporation, its successors and assigns.
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appOinted or elected body, as applicable, having its n01lIlll.1 meaning under Washington law,
<)/13/04 ,
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Associatioll_
1.1.3 "Bylaws" shall refer to the Bylaws of the Emma's Plat Homeow~ers - - -,-----
l.lA "Common Areas" shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and improvements located
thereon as designated 011 the filial pillt of the Community or as otherwise conveyed to the
Association for the common use and enjoyment ofthe Owners.
u.s "Community" shall mean and refer to that certain real property and
iDterest therein described in Article 2,II!ld such additions thereto as may be made by ~Iaranl
by SuppJerneDtary Declaration.
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors ofthe Association. Such
detennination, however, shall generally be made with reference to the standards originally
established by the Da;larant.
1.1.7 "Declarant" shall mean and refer to WHHughes Homes and its
successors-in-title and assigns, provided lIllY such successor-in-title or assign shan acquire for
the purpose of development or sale all or any portion of the remaining undeveloped or unsold
ponions of the real property described in Article 2. and provided further, in the instrument of
conveyance to any such successor-in-title or assign, such successor-in-tide or assign is
designated as the ~Declarant" hereunder by the grantor of such conveyance, which grantor
shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon
such designation of such successor Declarant. all rights of the former Declarant in and to
__ such status as ''Declarant'' hereunder shall cease; it being understood that as-to all of the .-
property described in Article 2 which is now subjected to this Declaration, there shall be only
one ''Declarant'' hereunder at anyone point in time.
1.1.8 ''Development Period" shall mean that period of time beginning on the
date this Declaration is recorded in the records of King County and ending on the earliest to
occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date
Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the
purpose oftransitioning the management ofthe Association from the Declarant to the Owners,
or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the pili!.
1.1.9 "Governing Documents" shall mean and refer to this Declaration, the
Articles oflncorporation (if any) and Bylaws of the Association, and rules and regulations (if
any) oflbe Community adopted by the Board, as any of the foregoing may be amended from
time to time.
Ll.10 ~Lot" shall mean any plot ofland within the Community, whether Or -.
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
9f13J04.
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L 1.11 "Mortgage" means any mortgage, deed oftrusl, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security forlbe payment or satisfaction ofan obligation.
\.1.12 "Mortgagee" shall mean the holder ora Mortgage.
1.1.13 "Occupant" shall mean any Person occupying all or any portion ora
residence or other property located within the Community for any period of time, regan:lless of
whether such Person is a tenant ortbe Owner of such property.
1.1.14 "Owner" shall mean and refer to lhe record owner, whetber one or more
Persons, of the fee simple title to any Lot located within the Community, excluding, however,
any Person holding such interest merely as security for the payment or satisfaction ofan
obligation.
1.1. 15 "Person~ means any natural person, as well as a corporation, joint
venture, partnemJip (general or limited), association, trust., or other legal entity.
1.1.16 U$ingle Family" shall mean a single housekeeping unit, without regard
to the construction type or ownership of such unit, that includes not more than four (4) adults
who are legally unrelated.
\.\.17 "Supplementary Declaration" means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
I. 1.18 "Total Association Vote" means all of the votes attributable to
members of the Association (including votes of Declarant)
ARTICLE 2
PRQPERTY SUBJECf TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording ofthis
Declaration, shall be held, tr8llsferred, sold, conveyed, used, {)C(;Upied, and mortgaged or
othelWise encumbered subject to this Declaration is the real property described as:
LOTS I THROUGH 10. INCLUSIVE, AND TRACT A OF EMMA'S PLAT,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF
PLATS AT PAGES4M. iffiRECORDS OF KING COUNTY, WASHINGTON
RECORDED UNDERRECORDlNG NUMBERlOQ,{ 0 i zG CX,XX..J[)4
SffiJATE IN mE COUNTY OF KING, STATE OF WASHINGTON
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Common Areas: Tract A is a Stonn Detention Tract that is owned and maintained bylbe
Association. -"--
ARTICLE 3
EMMA'S PLAT HOMEOWNERS ASSOCIATION
3.1 J)gtriRtion of Association. The Association may, at the election orlbe
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws ofthe State ofWashingtan. The Association shall be charged with the
duties and vested with the powers prescribed by law and set fonh in the Governing
Documents; provided, howeva-, that no su\;h Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so Ill! to be inconsistent
with this Declaration.
3.1 Board of DiMon. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers ofthe Association
until termination of the Development Period. Each Owner, by acceptance ora deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
and officers of the Association during the Development Period. The directors selected by the
Declarant need nol be Owners. The number of directors shall be as set forth in the Bylaws.
Following termination of the Development Period, the Board ofDirectOl'5 shall be electedby
the Owners in accordance with the Bylaws.
---3.3 'Membership, Every Owner ofa fee interest in anY-Lot that is -Subjea to this
Declaration shall be deemed to have a membership in the Association and membership in the
Associlltion shall consist exclusively of such owners. The foregoing is not intended to include
Persollll who hold an interest merely as security for the performance of an obligation, and the
giving ofa security interest shall nottemJinate the Owner's membership. No Owner, whether
one or more Persons, shall have more than one (I) membership per Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. The rights and privileges
of membership, including the right to vote and to hold office, maybe e)(ercised by a member or
the member's spouse, but in no event shall more than one (1) vote be cast noroffice held for
e&;h Lot owned.
3.4 Voting, Members shall be entitled to one (I) vote for each Lot owned. When
more than one (I) Person holds an ownership interest in any Lot, the vote for such Lot shall be
exercised as those Owners themselves determine and advise the Secretary prior to any
meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architectnral Control Committee. No construction, aheration, addition,
refurbishing, or erection of any slmcture of any nature whatsoever shall be commenCed or
placed upon any part of the Community, except that which is installed by the Declarant, or is
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approved in accordance with this Section, or Ill! is otherwise expressly permitted herein Any
such construction, alteration, addition, refurbishing, or erection shall not be made unless and
until plans and specifications showing the nature, kind, shape, size and height, architectural
design and detail, materials, workmanship, colors, location on site, improvement and site
grade elevations, and site landscaping shall have been submitted in writing to and approved by
the Architectural Control Committee (the "ACe") established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACe to perform its review. Written design guidelines and procedures ("Design
Guidelines") may be established by the Board for the exercise orthis review, which Design
Guidelines may provide for 8 review fee. Copies of the Design Guidelines shall be available
to all Owners upon request for a reasonable fee.
3,5.1 The ACe shall consist of not less than ooe (I) nor more than three (3)
members, who need not be Owners, So long as the Declarant owns any propeny for
development and/or sale in the Community, the Declanmt shall have the right to appoint or
remove any or all membeio of the ACe. Upon the expiration or earlier surrender in writing of
such right, the Board shall appoint the members of the ACe. The Declarant has named Bil!
Hughes, whose address is 15220 Cedar Grove Rd. Issaquah, WA 98027 as the sole member of
the ACe.
3.5.2 Members ofthe ACC shall not be entitled to compensation for services
perfonned pursuant to Ihis Section 3.5. The Assodation shall defend, indemnify, and hold
each members of the ACC hannless for any liability incurred while serving as a member of
the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled to
stop any construction in violation of approved plans or this Declaration.
3,5.4 PLANS AND SPECIf1CATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER TIm ACC, THE
MEMBERS TI-IEREOF, NOR TI:IE ASSOCIATION ASSUMES LIABILITY OR
RESPONSffiILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS, NEITHER
DECLARANT, THE ASSOCIATION, TIlE ACC, TIm BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPWYEES, AND AGENTS OF ANY OF TIlEM SHALL BE
LIABLE IN DAMAGES TO ANYONE SUB:M1TTING PLANS AND SPECIFICATIONS
TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY
AFFECTED BY TIlESE RESTRICTIONS BY REASON OF :M1STAKE IN JUDGMENT,
NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH
TIlE APPROVAL OR DISAPPROVAL OR FAn,URE TO APPROVE OR DISAPPROVE
ANY SUCH PLANS OR SPECIf1CATIONS. EVERY PERSON WHO SUBMITS PLANS
OR SPECIFICATIONS AND EVERY OWNER AGREES TIlAT SUCH PERSON OR
OWNER Wll.,L NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT TIlE
ASSOCIATION, TIlE ACC, TI:IE BOARD, OR TIlE OFFICERS, DIRECTORS,
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MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF TIlEM TO RECOVER ANY
DAMAGES 'AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS
NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING
OUT OF OR IN CONNECTION WITH ANY ruDGMENT, NEGLIGENCE, OR
NONFEASANCE AND HEREBY WAIVES TIIE PROVISIONS OF ANY LAW WInCH
PROVIDES mAT A GENERAL RELEASE DOES NOT EXTEND TIIE CLAIMS,
DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT TIlE TIME THE RELEASE IS
GNEN.
3.6 BIl!ws, Rules and Regulations. The Board on behalf of tile Association shall
have the power to adopt, modify, and amend bylaws, rules and regulations govmting the
Community, provided that such bylaws, rules and reguJations shall not be inconsistent with
this Declaration and shall apply uniformly to all Owners, except IL'I specifically provided
herein. The Board shall have the power to enforce the rules and regulations on behalf of the
Association and may prescribe penahies or fines for their violation Any such bylaws, rules
and regulations shall become effective thirty (30) days after promulgation and shall be mailed
to all Owners prior to their effective date_ A C(IPY of the bylaws, rules and regulations then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the
Board may adopt the initial bylaws, rules and regulations
ARTICLE"
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used for
the general purposes of promoting the recreation, health, safety,.welfare, common benefit, _ ..
and enjoyment of the Owners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authori7.ed from time to time by the Board
ofDin:ctors.
4.2
expressed in
such deed, covenants and agrees : (i) annual assessments or charges,
(ii) special assessments, such assessments to be established and collected IL'I hereinafter
provided; and (iii) specific assessments established pwouant to the terms of this Declarntion,
including, but not limited to, reasonable fines imposed in accordance with the terms of this
Declaration.
4.2.1 All such assessments, together with (i) late charges, (li) interest set by
the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys'
fees actually incurred, shall be a charge on the land and shuU he a C(Intinuing lien upon the Lot -
against which each assessment is made_-- ---~.
4.2.2 Each such assessment, together with late charges, interest, costs,
including, withoullimitation, reasonable attorneys' fees actually incurred, shall also be the
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personal obligation of the person who was the Owner of such Lot at the time the assessment
fell due. Each Owner shall be personally liable for the portion oreach assessment coming due
while the Owner of a Lot, and each grantee oran Owna-shall be jointly and severally [iable
for such portion thereof as may be due and payable at the time of conveyance; provided,
however, the liability of a grantee for the unpaid assessmellts of its grantor shall not apply to
any first Mortgagee taking title through foredosure proceedings Of deed in lieu offoreclosure.
4.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
cenificate shall be binding upon the Association as orlbe date of issuance.
42.4 Annual assessments shall be levied equally on all Lots_ Assessments
shall he paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments,
4.3 Adoption of Budget. It sball be the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments against
each Lot fortlle following year to be mailed to each Owner, The Board shall set a date for a
special meeting of the Owners to consider ratification of the budget within thirty (30) days
after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after
the mailing of the proposed budgets and assessments. Unless at such meeting the budget is
rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by
proxy, the budget shall be ratified, whether or not a quorum is present. In tbe event the
proposed budget is rejected orthe required notice is not given, the budget in effect for the then
current year shall continue in effect until tbe Owners ratify a subsequent budget,
4.4 Revised Budget. If the financial circumstances or needs oftbe Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments forthe balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a meeting
of the Owners to consider ratification of the revised budget and assessments in the same
manner as the regular lUlllual budget as set forth in Section 4.3 above.
4.5 SJIe$isl Anesunentll, In addition to tbe otber assessments authorized herein.,
tbe Association may levy special assessments for expenses such as, but not limited to, capital
improvements from time to time if approved at a meeting by two-thirds (2/3) orlbe Total
Association Vote Special assessments shall be paid as determined by the Board, and the
Board may permit special assessments to be paid in installments extending beyond the fiscal
year in which the special assessment is imposed.
4.6 Lien for Assessments, All sums assessed against any Lot pursuant to this
Declaration., together with late charges, interest, costs, including, without limitation.,
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reasonable attorneys' tees actually incurred, as provided herein, shall be secured by a lien on
such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Let, except for (a) liens for ad valorem taxes; or (b) liens for all sums
unpaid on a fITS! MOl1gage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuant to such Mortgage and secured then:by in
accordance with the terms of such instrumem. All other Persons acquiring liens or
ern:umbrances on any Lot after the recording of this Declaration shall be deemed to consent
thaI such liens or encumbrances shall be inferior to future liens for assessments, as provided
herein, whether or not prior consent is specifically set fOM in the instruments creating such
liens or encumbrances_
~~G.f7:~ ~~~ . Any
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=y
cause a notice of delinquency to be given 10 any member who has not paid
within len (lO) days following the due date. If the assesSment is not paid within thirty (30)
days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set
by the Board from time to time, on the principal amount due, late charges, costs of collection,
including, without Limitation, reasonable attorneys' fees actually incurred, and any other
amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
andlor to foreclose its lien. Each Owner, by acceptance ofa deed or as a party 10 any other
type of conveyance, vests in the Association or its agents the right and power to bring ali
actions against such Owner personally, for the collection of such charges as a debt or to -
foreClose the aforesaid lien io the same manner as other liens for the improvement of real
pmperty.
4.1.2 The lien provided for in this Article shall be io favor oflhe Association
and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Owners, shall have the power to bid on the Lot at any foreclosure sale Of to acquire, hold,
lease, mortgage, or convey the same.
4.1.3 No Owner may waive or otherwise exempt himself from liability for the
assessments pmvided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
4.1.4 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
4.3 -S\lspension for NonplYment of AUe.!!'ment. Ifan Owner shall be in arrears
in the payment of any assessment due, or shall otherwise be in default ofthe perfonnance of
any terms of the Governing Documents of tile Association for a period ofthirty (30) days. said
Owner's voting rights shall, without the necessity of any further action by the Association, be
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suspended (except lIS against foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any other default is remedied.
No Owner is relieved ofliability for assessments by non-use ofthe Common Areas or by
abandonment of a Lot .
•. 9 Date ,(Commencement of Assessment/!_ The assessments provided for
herein shall commence as to a Lot subject to this Declaration on the first day ofthe month
following conveyance of such Lot to a Person other than Declarant. The first atulUa!
assessment shall be adjusted according to the number of months then remaining in that fiscal
y=
4.10 Specific ASsessments_ In addition to the general and special assessments
outlined above, tile Board shall have the power to levy such specific assessments pursuant to
this Section 4.lD as, in its discretion, it shall deem appropriate. All other terms and conditions
of this Article 4 relating to general and special assessments shall apply to the levy and
collection of the specific assessments covered hereby and the Associatioll shaH have all
powers and remedies for collection and enforcement of such assessments as are applicable to
the general and special assessments set forth above. Fines levied purnuant to Section 11.1 of
this Dedaration and the costs of maintenance performed by the Association for which the
Owner is responsible under Sections 5.3 and 5.4 of this Declamtion shall be specific
assessments.
4.11 CommoD Areas E;I'(:!Dpt.
assessments by the Association.
The Common Areas shall be exempt from
ARTICLES
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO MSOQATION
5.1 Associ.tion's Responsibilitjes, The Associatioll shan maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas acquired
by the Association in the future, The Association shall maintain the storm drainage mcilities
contained within Tract A. If streetlights are installed and there is no procedure for billing
individual lot owners then the Association shall pay the bills forlbe streetlights. The
Association shall also maintain all other facilities serving the Community not dedicated to or
maintained by a public entity. The foregoing maintenance shall be performed consistent with
the Community-Wide Standard,
5.2 Prooerty Not Owned by Associ.tioo. The Association shall have the right,
but not the obligation, to maintain other property, whether or not owned by the Association
and whether within or without the Community, where the Board has determined that such
maintenance would benefit all Owners. The Private Access Easement on lots 10 and II as
shown on the plat is owned and maintained by the Owners of Lois 10 and II pursuant to a
Joint Use Maintenance Agreement. In the event the Private Access Easement is not
maintained by such Lot Owners, the Association shall have the right, but not the obligation, to
maintain the Private Access Easement at such Lot Owners expense pursuant to the procedure
9/13/04
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in Section S.4 below. Without limitation of the fimgoing, the AssOciation may enter into a
joint maintenance agreement with adjoining property owners Of associations for the repair,
maintenance and replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that
the need for maintenance, repair, Of replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act oran Owner, orthe
family, guests, lessees, or invitees ofany Owner, the Association may perform such
maintenance, repair Of replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a pwt of tile assessment to which such Owner is subject
and shall become a lien against the Lot of such Owner.
5A Oro'tcr's Re.sRODlibility. Except as provided in Sections 5.1, 5,2 and 5,3
above, all maintenance of any Let and all structures, parking areas, landscaping, and other
improvements thereon together with the landscaping and tfees on any parking strip fronting
any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community~Wide Standard atId this Declaration The
perimeter fencing, if any, shall be maintained and repaired, in uniform appearance., by the
abutting lot OwneI'li. In the event that the Board of Directors of the Association determines that
any Owner has failed orrefused to discharge propedy any of such Owner's obligations with
regard to the maintenance, repair, or replacement ofitems for which such Owner is
responsible hereunder, the Association shall, eJ<ccpt in an emergency situation, give the
OWner written notice ortbe Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt ofsuch notice within which to complete such-.
maintenance, repair, or replaeernem: or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (10) day period, to commence such
work which shall be completed within a reasonable time. Ifany Owner does not comply with
the provisions hereof, the Association may provided any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Urt.
5.5 ConvHance of Common Am! by D .... t,rant to AllIociatjon. During the
Development Period, the Dec\anml may transfer or convey the Common Areas to the
Association, including any personal property and any improved or unimproved real property,
leasehold, easement, or other property interest. Such conveyance shall be accepted by the
Association, and the property shall thereafter be Common Areas to be maintained by the
Association. The Common Areas shall be subject to an easement of common use and
enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in
accordance with the terms and conditions of the (iQveming Documents. Such rights to use the
Common Areas shall be appurtenatit'to8nd shall not be separated from ownership of any Urt
and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer
of title to such Lot, and then only to the transferee of such title and shall be deemed so
conveyed whether or not It shall be so expressed in the deed or other instrument conveying
WI3104 B
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title. Certain rights of use, ingress, egress, occupation, and management authority in the
Common Areas set forth elsewhere in this Declaration shall be reserved to Declanmt for the
duration of the Development Period. Declarant shall not be required to make any
improvements whatsoever to property to be conveyed and accepted pursuant to this Section.
5,6 lfany Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a OIItive growth protection area or as
any other type of sensitive area, then use of such Common Area shall be limited to activities
approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 1O.! below, or in any other
provision of this Declaration, the.-e shall be no right or easement of ingress and egress, use ami
enjoyment in or to such Common Area. Access shall be limited to maintenance activities
approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 GentraVRu1es and Regulations. This Article, beginning at Section 6.2, sets
out certain use restrictions which must be complied with by all Owners and Occupants. These
use restrictions may only be amended in the manner provided in Section I J.3 hereof regarding
amendment of this Declaration. In addition, the Board may, from time totime, without consent
of the Owners, promulgate, modity, or delete other use restril:tions and roles and regulations
applicable to the Community. Such use restrictions and roles shall be dilltriooted to a1\ Owners
and Occupants prior to the date that they are to become effective and shall thereafter be binding
lIpon all Owners and Occupants until and unless overruled, canceled, or modified in a regular
or special meeting by a majority of the T oUll Association Vote and the consent of Declarant
during the Development Period.
6,2 Residentw Use. Except as provided in this Section, all Lots shall be used for
single,family residential purposes exclusively with the exception that certain home
occupations may be permitted, subject 10 the guidelines and roles established by the Board.
Such home occupations may be limited to certain business uses, shall not Cl"eate any
disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking
congestion, and shall not be in violation of any of the provisions oflbe Governing Documents.
Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules
and regulations.
6,3 Building and Landscaping Requirements and RestridjoDJ. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be SlIbject to design review and approval by the ACC which may cover the
minimum size, architectural style, height, scope ofimprovemeots, quality ofdesigo, materials,
workmanship, and siting standards. Without restricting or limiting the authority oftbe ACC
pursuant to Section 3.5 in approving or disapproving of any specific proposal, the fnllowing
restrictions shall apply to the Community in general:
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6.3.1 Only onc Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1)00 gross square feet ofliving space,
elI;cIusive of one-story open porches and garages. One story homes shall include no less than
1,000 gross square feet of living space, Qclusive of one-story open porches and gamges.
6.3.2 After Declarant has completed construction ofall houses in the
Community, any remodeling or exterior addition 10 any residence or other structure erected or
placed on any Lot shall be completed IIS'to ext:ema.l appearance, including finished painting,
within six (6) montbs after the date of commencement of construction. All front, side and rear
yard Iand8Cllping must be completed within six (6) months from the date of closing of the
purchase of the residence by the Owner from the Declarant. In the event that strict
enforcement ofthis provision would cause undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time wben approved by the ACe.
6.3.3 All homes within the Community shall contain a ganIge; carports shall
not be permitted_ Unless otherwise approved by the ACe, all garages must be attached to, or
incorporated in and made a part of tile residence constructed upon a Lot. In granting waivers 10
lhis requirement, the ACC will consider functional necessity and architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material approved
by the ACe.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6)
feel higb or extending into lhe front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior written consent of the ACe. All fences shall be
constructed of wood material unless approved by the ACe. Any sucb fence, barrier, row of.
. trees, or hedge shall be strictly in compliance witb Design GUidelines,' if any; established by
the ACe, which standards may provide for limited acceptable styles and/or specifications.
6.3.6 Each home constructed on a Lol shall be built of new materials except,
with approval of the ACC, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. Types and colon of
exterior paint and stain nwst be submitted to the committee for approval. Any change to the
exterior color of any improvement located on a UIt, including, without limitation, the
dwelling, must be approved by the ACe.
6.3.7 All roofs on dwellings and garnge!j shall be of composite, tile or cedar
shake and shall have a minimum pitch offuurltwe1ve.
6.4 Emling Re5idenct. Intentionally Omitted.
6.5 ~. No sign of any kind shall be erected by an Owner or Occupant within
the Community without the prior written consent of the ACe. Notwithstanding lhe-foregoing,
the Board and the Declarant shall have the right to erect reasonable and appropriate signs
including, without limitation, signs related to Declarant's development and ilIIIIketing of
residences within the Community. In addition, "For Sale~ signs and security signs consistent
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with the Community-Wide Standard and any signs required by legal proceedings may be
erected upon any Lot
6.6 Vehides. The term "vehides~ as used herein shall include, without limitation,
automobiles, vans, campers, trucks, huses, motor homes, mobile homes, boats, jet skis,
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune
buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehicles" as used herein shall include passenger-automobiles, vans, small trucks,
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants of the Lot. Vehicles used for commercial and recreational PllJllOses are not
considered passenger vehicles_ "PlUking areas" shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered
"parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be parked
on any Lot or portion of the Community, except in parking areas on Lets, or in a screened area
on a Lot, ifsuch screened area is approved by the ACe. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nuisance and may be removed from the Community.
6.6,2 No passenger vehicles may be parked on any Lot or portion of the
Community except in "parking areas" as defined in this Section,
6.63 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall
be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Let or any portion of the Community.
Said roles are to protect the Community from the potentially adverse impacts of vehicles on
the Community environment and to accommodate the evolving nature and use of such
vehicles Such rules and regulations may provide for exceptions and/or modifications to the
conditions of this Section as determined in the sole discretion of tile Board, The Board shall
rule on any dispute aslo the interpretation or application of this Section and all rules and
regulations established by the Board with respect to vehicles.
6,6.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless
approved by the ACe.
6.7 Vehicles 00 Common Areas. No motorized vehicles shall be pennitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
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6.8 Leujng. Lots may be leased for residential purposes. All leases shall have a
minimum term orat least thn:e (3) months_ All leases shall require, without limitation, that the
tenant acknowledge receipt ofa copy of the Declaration, Bylaws, and rules and regulations of
the Association
6., (kellPan's Bound. All provisions oftlle Declaration, Bylaw" and of any
rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or
()(:cupanls. Ifa fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
ii.l0 Animals. No animals. livestock or poultry nfany kind shall be raised, bred or
kept in the Community; provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any
COJlllllerciai purposes. Owners sllall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
shall bave the authority to determine whether a particular pet is a nuisance or a source of
annoyance, and such determination shall be final and conclusive. Pets shall be attended at all
times and shall be registered, licensed and inoculated from time to time as required by law.
Ul Mining Prohibited. No portion of the Community shall be used for the
purpose of boring, mioing quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
_. 6.12 Nniynq. Each Owne1" and Occupant shali prevent the development of any ---.
unclean, unheahhy, unsightly, or unkempt condition on his Of her Lot. No Lot shall be used,
in whole or in part, for the storage of any property orthing that will cause suchLot to appear
to be in an unclean or untidy condition, nOf shall any substance, thing, or material be kept that
will emit foul or obnOldous odors or that will cause any noise or other condition that will or
might disturb the peace, quiet, safety, comfon, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the
Community, nor shall anything be done tending 10 CIIlIse embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within Ihe Community. Without
limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or
other sound device, except such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unless specifically approved by the ACe.
~i::~'~I:l3~~~~;E~~~~~~~~~~~~~~E] or other activities,
foregoing, the assembly of and
devices;which might tend to cause -
disorderly, unsightly, or I, be undenaken outside of homes Of
garages. Garage doors shall be closed at all times unless they are in use. In addition, the
storage of equipment, machinery, construction supplies or any similar material on a Lot
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outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for nOI more
than sixty (60) days.
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any WI or any portion of the
Community unless screened from view from the street without the prior written consent of the
ACe. Each Owner and Occupanl acknowledges that this provision benefits all Owners and
Occupants and each Owner and Occupant agrees to comply with this provision despite the fact
that the erection of an outdoor IIlltenJIa or similar device would be the most cost-effective way
to transmit or receive the signals sought to be transmitted or received.
6.15 No ObstruUion of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstmctions or debris shall be placed in these
areas. No Owner or Occupanl may obstruct or re-channel the drainage flows after location
and installation of drainage swales, stonn sewers or storm drains. Declarant hereby reserves
for the benefit of Declarant and the Association and dlcir respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting, or other material shall be placed or
permitted to remain upon any easement which may damage or interfere with tbe installation
and maintenance of any utilities, unless approved by the Board prior to installation.
6.16 Sight Distance at Intem!ctions. AU property located at:nrect intersections
shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge
or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as detennined by the ACC in its sole discretion.
6.17 G.rb.ge CaDS. Woodpiles. Ett. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation oftbe residence shall be located or screened so as to be concealed from view from
the street abutting the Lot on which such items are located. All rubbish, trasb, and garbage
shaU be regularly removed and shall not be allowed to accunrulate. Trash, garbage, debris, or
other waste matter of any kind may not be humed within the Community.
6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval of the Architectural Review Committee. Declarant,
however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant.
Any such division, boundary line change, or re-platting shall not be in violation of the
applicable subdivision and zoning regulations.
6.19 GUDS. The use of firearm in the Community is prohibited. The term
uflrearms" includes without limitation BB guns, pellet guns, and firearms ofall types
6,20 Utilities. Except as may be permitted by the ACe, no overhead utility lines,
including lines for cable television, shall be pentlitted within the Community, except for
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tempoflU)' lines as required during construction and except as such lines exist upOn recording
oCme plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No oolored lights (except holiday displays and ye1low insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached to the home shall be of compatible design and materials of the bome Any post
mounted exterior fixtures shall be of compatible design and materials as the fixtures attached
to the home. No fixtures which ilIumjnate and excessively glare onto any other Lot shall be
permitted, and all exterior lights shall be screened 10 minimize impacts oflight and glare. No
unshielded spotlfloodlight fIXtures are permitted.
6.22 Artificial Vegetation. Exterior Sc:uIDtgre. and Similar Items. No
artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted
in the front yard of any Lot unless approved by the Ace.
6.13 Mailboxes, All mailboxes located on Lots IIhaIl be ofa style approyed by the
Ace. Mailboxes shall be attached only to stands provided and maintained by the Association
in designated locatiODll.
6.24 C1otbeslines. No exterior clotheslines of any type shaJl be permitted upon any
Lot unless entirely screened from view from other Lots_
6.1S Exterior Seturity Dnit:eI. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the lot--
or the exteriOl" of the residence stating tliil.t SUch remdence is protected by a security system are
permissible.
6.16 Construction and SaJe Period_ So long as Dec1arant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to prevent, hinder or mterfe!"e with development, construction and
sales activities of Declarant or any builder or developer approved by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 lo.urance Coverage_ The Board ofDirectorsorthe duly authorized agent of
the Association shall have the authority to and shall obtain or cause to be obtained insurance
as follows:
7.1.1 -The Board shall obtain insurance on all insurable buildings and, where
the Board deems there to be a reasonable risk, other substantial structures whether or not such
buildings or structmes are located on tbe Common Areas and which the Association is
obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended
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coverage, including vandalism and malicious mischief, and shall be in an amount sufficient 10
cover the full replacement cost of any repair or reconstruction in the event of damage or
destruction from any such hazard. Insurance on other substantial structures shall cover those
risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by
the Board. The Board may insure other types of improvements, including ent!)' monuments,
landscaping, and the like, as it deems advisable. With respect to such other improvements,
the Board shall detemtine the risks to be insured aOO the amounts of insurance to be canied.
7 L2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and ils members for all damage or injury caused by
the negligence ofthe Association or any ofits members or agents, and, ifreasonably available,
directors' and officers' liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1 ,000,000.00) unless otherwise determined by the
Board.
7.1.3 The Board is hereby authorized to contract with or otberwise wrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authori:!:ed, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
Declarant and the Association agreeing upon thetenns and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining sucb covelll8e.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
required to comply with the provisions of this Article if the Board has contracted for or
otherwise wranged to obtain the required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereofshall
not be subtracted from the face amount ofthe policy in determining whether the insurance at
least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board, the
Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce
the amount of the required insurance, self-insure itself, or discontinue the insurance all
together.
7.2 Policy Requirements. All sucb insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective benefrted
parties. Such insurance shall be govemed by the provisions bereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business
in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however. no
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Mortgagee having an interest in such losses may be prohibited from participating in the_
settlement negotiations, ifany, related thel"eto.
7.2.3 In no event shall the insurancecoverage obtained and maintained by the
Association's Board of Directors be!"eunder be brought into contribution with insurance
,purchased by individual Owners, occupants, or their Mortgages, and the illSUl1UK;e carried by
the Association shall be primary.
7.2.4 All casually insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least oneof
whom must be in the real estate industry and familiar with construction in the City of Renton.
7.3 Other Inlurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker's compensation insurance, ifand to the extent necessary to
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity
bond or bomb on directors, officers, employees, and other persons handling or responsible for
the Association's funds, if ~sonably available. The Association shall obtain additional
insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal
Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department of Veterans Affairs, orthe U.S. Department of Housing and Urban Development.
7.4 IndividuII InsurlBce. By virtue of taking title to aLot subject to the terms of
this Declaration, each Owner acknowledges that the Association has no obligation to provide
any insurance for any portion of individual Lots, and each Ownel" covenants and agrees with
all other Owners and with the Association that each Owner shall at a minimum, carty fire and
. extended coverage casualty illSUIllIlCe on the Lot and all structures constructed thereon in-an-
amount sufficient to C(Mlr the full replacement costs of any repair or reconstruction in the
event of damage or destruction from any such hazard.
7.5 D,ID'2e Ind DestructioD In!rured by AswciatiolL
7.5, I Immediately after damage or destruction by fire or other casualty to all
or any portion ofany improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair
or reconstruction, as used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty,
allowing for any changes or improvements necessitated by changes in applicable building
codes_ The Board of Directors shall have the enforcement powers specified in this
Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in
the name of the Association shall be repaired or reconstructed unless, within sixty (60) days
after the casualty, at least seventy-five pen:ent (75%) of the Total Association Vote otherwise
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agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estllnlltes ofthe cost of repair or
reconstlUction, or both, are not made available to the Association within such period, then the
period shall be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to
participate in the determination of whether damage or destroction shall be repaired or
~oIl5tructed.
7.5.) If the damage or destruction for which the insurance proceeds are paid
is to be repaired or reconstmcted and such proceeds are not sufficient to defray the cost
thereof, the Boan:! of Directors shall, without the necessity of a vote of the Association's
mem~, levy a special assessment against all Owners in proportion to the number of Lots
owned by such Owners. Additional assessments may be made in like manner at any time
during or following the completion of lilly repair or reconstruction, Ifthe funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portinn ofthe Community by
the Association in a neat and attractive condition
7.(, Damue Ind Destruction Insured by Owoen. The damage or destruction
by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by
the Owoer thereof within seventy-five (75) clays after such damage or destruction Of, where
repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonable time thereafter. Alternatively, the
Owner may elect to demolish all improvements on the Lot and remove all debris therefrom
within seventy-five (75) days after such damage Of destruction. In the event of non compliance
with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Innlraoce Deductible. The deductible for any casuahy insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among the
Persons who are resJXInsible hereunder, or be a common expense ofthe Association.
ARTICLES
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) of the Total Association Vote sbalJ otherwise
agree, the Association shall restore or replace such improvements so taken on the remaining
land included in the Common Areas to the extent lands are available therefor. The provisions
of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
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replacement or restoration and the actions to be ~ in the event that the improvements are
Dot restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Ankle apply to both this Declaration and 10 the
Bylaws, notwithstanding any other provisions contained thereia
9.1 Notices or Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot Dumber, therefore becoming an
ueJigible holder"), will be entitled totimely written report as to the current status ofsaid Lot
with respect to the following:
9. L I Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Let on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder,
9.1.2 Any delinquency in the payment of assessments or charges owed by an
Ownec of a Lot subject to the MOl1gage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of tbe first Mortgagee oL
any Lot in the case of distribution to such Owner of insurance proCeeds or condemnation
awards for losses to or a laking of the Common Areas.
9.3 Notice to Assocjatiog. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering
such Owner's Lot.
9.4 VAlHUD Approval As long as the Declanmt has the right to appoint and
remove the directors of the Association and so long as the project is approved by the
U.s. Department of Housing and Urban Development ("HUD") for insuring or the
US. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or BUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment ofthe Dec1aration, Bylaws or Articles
ofIncorporatioD.
. 9.5--Applicabilitt or Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
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'.1.6 Amendments by Boan!. Should the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD or V A subsequently delete any of their
respective requirements which necessitate the provisions of this Artide or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendmern to this Article to be recorded to reflect such changes_
ARTIo,E 10
EASEMENTS
10.1 Easements for Use .nd Enjoyment.
10. L1 Every Owner ora Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions'
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10. L I, I the right ofthe Association to charge reasonable fees for
the use of any portion oCthe Common Areas, to limit the number of guests nfLot
Owners and tenants who may use the Common Areas, and to provide for the exclusive
use and enjoyment of specific portions thereof at certain designated times by an
owner, his flllIlily, tenants, guests, and invitees;
10,1.1,2 the right of the Association to suspend the voting rights
ofan Owner and the right of an Owner In use certain Common Areas for any period
during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money forthe
purpose of improving the Conunon Areas, or any portion thereof; or for constroction,
repairing or improving any facilities located or to be located thereon, and 10 give as
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however, the lien and encumbrance nfany such
Mortgage given by the Association shall be subject and subordinate to any righls,
interests, options, easements and privileges herein reserved or established for the
benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage,
irrespective of when ellocuted, given by Dedarant or any Lot Owner encumbering any
Lot or other property located within the Commuuity; and
10,1.1.4 the right of the Association to dedicate ortransfer all or
any portion ofthe Common Areas subject to such conditions as may be agreed to by
the members of the Association, No such dedication or transfer shall be effective
unless an instrument agreeing tn such dedication or transfer has been approved by the
affirmative vote of at least seventy-five percent (75%) orthe Total Association Vote;
provided, however, that during the Development Period, Declarant may, on its sole
signature, dedicate ortransfer portions of the Common Areas, so long as such transfer
or dedication does not materially and adversely affect the Association Of any Lot
Owner.
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. 10.1.2 Any Lot Owner may delegate such Owner', right oruse and enjoYment
in and to the Common Areas and localities located thereon to the members of such Owner's
family and 10 such Owner's tenants and guests and shall be deemed to have made a delegation
of all such rights to the Occupants of such Owner's Lot, ifleased.
10.2 There is "" Association any
blanket easements upon, across, above
access, ingress, egress, installation,
property within the Community roc
replacing, and maintaining IlIl utilities serving
. but not limited to, gas, water, sanitary
It shall be expressly
or the designee or either, as the case may be, to
and maintain or to authorize the installation, repairing, replacing, and
wires, conduits, cables and other equipment related to the providing of
any such or service. This easement shall be utilized so as to not unreasonably interfere
with improvements constructed upon any Lot and the building envelope for any unimproved
Lot. Should any party furnishing any such utility or service request a specific license or
easement by separate reoordable document, the Board shall have the right to grant such
easement.
10.3 Eli!W!etlt for Mainteoanq. Dec1arant hereby expressly reserves a perpetual
easement for the benefit of the Association across such portions of the Community,
determined in the sole discretion ofthe Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed wilh a minimum
of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken 10
protect such property, and damage shall be~!Iired by the Person causing the damage at its -sole expense.-~. - --~ ---
10.4 EasemHlt for Entry Features. IfDeclaranl installs an entry feature, there is
hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction. landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat forthe
Community or any other reconIed instrument, easement or conveyance. The easement and
right herein reserved shall include the righlto cut, remove and plant trees, shrubbery, flowers
and other vegetation around 5Uch entry features and tbe right to grade the land under and
around such entry features.
10,5 Construmon .nd Sale Perind Ellement. Notwithstanding any provisions
contained in this Declaration. the Bylaws, Articles ofIncorpoottion. rules and regulations.
design guidelines, and any amendments thereto, so long lIB Dec1anmt owns any property in the
Community for development andlor sale, Dec1anmt reserves an easement across all
Community property for Declarant and any builder or develope!" approved by Declanwt 10
maintain and carry on; upon such Portion-of t~ cOmmunity as Declarant may reasonably
deem necessary, such facilities and activities as in lhe sole opinion ofDeclaram may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, conShUction, and sales activities related to property described in Article 2 of
9/13J04.
• •
this Declaration, including, hut without limitation: the right oflll:CeSS, ingress and egress for
vehicular and pedestrian traffic and construction activities over, under, on or in the
Community, including, without limitation, any Lot; the right to tie into any ponion of the
Community with driveways, parking areas and walkways; the right to tie into andIorotherwise
connect and use (without a tajKln or any other fee for so doing), replace, relocate, maintain
and repair any device which provides utility or similar services including, witham limitation,
electrical, telephone, natural gas. water, sewer and drainage lines and facilities constnlcted or
installed in, on, under and/or over the Community; the right to carty on sales and promotional
activities in the Community; and the right to construct and operate business offices, signs,
construction trailers, model residences, and sales offices. Declamnl and any such builder or
developer may use residences, offices, or other buildings owned or leased by Declarant or
such builder or developer as model residences and sales offices. Rights exercised pursuant to
such reserved easement shall be exercised with a minimum of interference to the quiet
enjoyment of affected property, reasonable steps shall be taken to protect such property, and
damage shall be repaired by the Person causing the damage at its sole expense. During the
Development Period, this Section shall not be amended without the Declarant's express
written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Edrorument Each Owner and Occupant shall comply strictiy with the
Association's Bylaws, rules and reguhrtions, the use restrictions, as they may be lawfully
amended or modified from lime to time, and with the covenants, conditions, and restrictions
set forth in this Declaration and in the deed to such Owner's Lot, if any After notice and an
opportunity to be heard by the Board of Directors or by a representative designated by the
Board, and in accordance with rules and regulations adopted by the Board, the Board may levy
reasonable fioes for violations of the above (in addition 10 any late charges that may be
assessed in connection with the late payment of assessments or other Association charges) in
accordance with a previously established schedule adopted by the Board and furnished to the
Owners, which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration, the Bylaws orlhe rules and regulations shall be
grounds for an action to recover sums due for damages or injunctive reliet; or both,
maintainable by the Board of Directors, on behalf ofthe Association, or, in a proper case, by
an aggrieved Owner. Failure by tbe Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall
have any and all authority to enforce this Declaration with respect to tbe maintenance required
in Section 5.1, including but not limited to the maintenance of the storm drainage facilities
contained in Tract A
n.: Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit ofand shall be enforceable by tbe Association or any Owner, their
respective legal representatives, heirs, successors. and assigns. perpetually to the extent
provided by law, provided, however. so long as and to the extent Ibst Washington law limits
the period during which covenants restricting land to certain uses may run, any provisions of
9/13Kl4
• •
this Declaration affected thereby shall run with and bind the land so long as permitted by such
law, after which time, any such provision shall be (a) 'aUtomatically extended (to the extent
allowed by applicable Jaw) for successive periods often (10) years, unless a written
instrument reflecting disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lots and the Declarant (so long as the Declarant owns any property for
development and/or sale in the Community) has been recorded within the year immediately
preceding the beginning ora ten (10) year renewal period agreeing to change such provisions,
in whole or in part, or to terminate tbe same, in which case this Declaration sball be modified
or terminated to the extent specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee orany interest (including, without limitation, a security interest) in
any real propeny subject to lhis Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisioflll of this Declaration may be extended and renewed
as provided ill this Section
ll.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Decl!llllllt (i) if such amendment is necessary 10 bring any provision hereof into
compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendmenl is necesSlll)llo
enable any title insurance company to issue title inSlll'llllCe coverage with respect to the Lots
subject to this Declaration; (iii) if such amendment is required by an institutional or
govemmentallender 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 the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any governmenta1 agency or _
private insurance company to insure or guarantee Mortgage loans on tIieIAltiiubject to-this
Declaration; provided, however, any such amendment shall not adversely affect the title to any
Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as
Declarant owns any property for development andlor sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
amendment shall not materially adversely affect the substantive rights of any Lot Owners
hereunder, nor shall it adversely affect title to any Lot without the consem oftbe affected Lot
Owner. Notwithstanding the above, this Declaration sball not be amended with respect to the
maintenance requirements fur the storm drainage facilities contained in Tract A without prior
written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy·five percent
(75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified therein. ~ --.-
11.4
other Person
9/13104
. The Common Areas shall remain undivided, and no Owner nor any
. division of the whole or any plll"\ thereof
• •
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited 10, the Lots located within the
Community.
11.5 Gender and Grammar The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
ofthis Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall nOI affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and, to this end, the
provisions ofthis Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no way to be
constroed as defining, limiting, extending, or otherwise modifying or adding 10 the panicular
Article or Section to which they refer.
I1.S Perpetpities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation oflhe rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now-living descendants of the individuals signing this
Declaration.
11.9 Indemnification To the fuUest extent allowed by applicable Washington IllW,
the Association shall indemnifY every officer and director against any and aU expenses,
including, without limitation, attorneys' tees, imposed upon or reasonably incurred by any
officer or director in connection with any action, suit, Of other proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a pany by reason of being or having been an officer or director.
The officers and directors shall not be Hable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, Of
bad faith. The officers and directors shall have no peJsonailiabiJity with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent tlmt such officers or directors may also be members ofthe Association),
and the Association shall indemnifY and furever !DId each such officer and director free and
harmless against any and all liability to others on account of any such contract or commitment.
Any right to indemnification provided for herein shall not be exclusive of any other rights to
which any officer or director, or fOlIDer officer or director, may be entitled The Association
may, at the discretion of the Board, maintain adequate generalliabHity and officers' and
directors' liability insurance to fimd this obligation, ifsuch coverage is reasonably available.
9/l3i04
-
• •
t t.10 Bookli.nd Record.t. Thi<l Declaratioo, 'the Articles of Incorporation, the
B'y[aws, copies of rules and regulations, Design Guidelines, use restrictio~ membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Boord for inspection and copying by any member of the Association or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any first Mortg~e at
any reasonable time and for a pwpose reasonably related to such Person's interest as a
member or holder, insurer, or guarantor ora first Mortgage at the office ofthe Association or
at such other reasonable place as the Board shall prescribe.
11.11 Financial Review, At least annually, the Board of Directors shall prepare, or
cause to be prepared, a financial statement of the Association. Upon written request of any
institutional holder of II. first Mortgage and upon payment of all necessary costs, such holder
shall be entitled to receive a copy of such financia1stalernent within ninety (90) days of the
date of the request,
11.11 Notice or Sale. Lease or Afgul!ition. In the event an Owner seLIg or lellSell
such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a W each new Owner
shall give the Association, in writing, the name and mailing address of the Owner and such
other information as the Board may reasonably require.
11.13 Agmmenu_ Subject to the prior approval of Declarant (so long as Declarant
OWflll any property for development WId/or sale in the Community or has the right to
unilaterally annex additional property to the Community) all agreements and detenninations,---
. including settlement agreements regarding-litigation involving the Association, lawfully
authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns, and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
ll.14 Implied Ril!hh. TIle Association may exercise any right or privilege given to it
expressly by this Declaration, the Bylaws, the Articles of Incorporation, Wly use restriction or
rule or regulation, and every other right or privilege reasonably to be implied from the
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege_
11.15 V.mDcH_ Notwithstanding anything to the contlllfy contained herein, the
Board of Directors or its designee shall he authori:red to grant individual variances from any
of the provisions of this Declaration, the Bylawg and any Design GuideliDe rule, regu1ation or
use restriction establisbed PUlOLlant thereto if it determines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for tile Community. ----
11.16 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy·five percent (75%) ortlle
9113/04
. .
• •
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
Association to enforce the provisions ofthis Declaration (including, without limitation, the
foredosure of liens), (Ii) the imposition and collection of assessments as provided in Article 4
hereof, (iii) proceedings involving challenges to ad valorem tuxation, or (iv) counterclaims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant 10 Section 11.3, hereof,
or is approved by the percentage votes, and pursuant 10 the same procedures, necessary 10
institute proceedings as provided above
EXECUTED the day and year first above written.
DECLARANT:
WH Hughes Homes
By Bt/!:.,
Slate of Washington )
"' COunly of King )
I certify that I know or have satisfactory evidence that Bill Hughes is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the Regional Manager ofWH
Hughes Homes to be the free and voluntary act of sueb party for the uses and purposes
mentioned in the instrument.
(Sea1OrStamp)
9/13/04
Dated: 1 !LeJOS"
N~an~~washington
""'dios" "h2'1""""~YJ "-' . Printed Name:1\OiCtfAn +!-1:>1 ~ My AppointmentExprres llsd~G<?
I
lktumAddTess:
City Clerk's Offie<:
City ofRen\Oll
1055 South Grady Way
RCIlton, WA 98055
Gnmtor(!):
•
t 'E:mlY\A!5,. rLAT LLc..
•
Grantee(s):
1. City ofRentoll, a Municipal Cmporation
Tho C ........ , .. _od aOOvc, fo,. 0Qd in c, ..... hotio. of .. uIIal bcDoIit., bor<by pall!>, bwgaillll, .. II. ODd deli .... to "'"
GnJtho<, ...... oo:I obov<, th. foll<>\oing dc""ribcd 1"""" .... property,
~ARY SEWI!.It SY~M,
STORM DRAINAGE SYSTEM:
STREET UGHTING: 3
# of Pol",
"
""'" 3 70
<-
length
732
s:=
L_F.of ~lI
L.F.of
I •. F. of
each of 48 ~o,
~o,
Sizo
L-F. of TI
LF.of
LEo(
cachor 30
.. chof
",,0'
"
" "
p~
W.""Moin
W_Moin
W.tuMain
Sewer ""'"'" Sovo:o: Mal n
S<werM3in
OiomoterM>nbol ..
Diomotcr ManboJes
LiflStW"""
If'3,z. StonnMoin
StormMain
StormMoin
Z storm InlctlOuUc1
Storm Catch Bo,m -"
L,F.of ~= __ Wjdlh
• •
Nolaly Seal must bo ""ibiD box STATE OFWASIIINGTON ) SS
COUNrY OF KINO )
I certify !hili [1:00 ..... bafo ""'~ o';d_. tbooI _______ _
oigDod tlIi. i_ md
... ~;;;;."."' .... ,', ... _",.~ .. _ .. ,·,~ .. ,~"'.....,;;;; .. " .. Ii>rlbol'""mdJ'l'lPO'C'
_oDOC! inlboinstru....rt
NmarySeol_boVliIhiD""" STATEOFWASHItlOTON)SS
IXIUIUY OF KING )
I certify ilia, ] know or""" ..u>i'aelwy evi,,"-"""
.;g,..d thio i-... ..... on oolb.
mlcd1hlll boIohoitboy ....... __ OIIIborizod"'~""'i_ood
.,~iI .. 1bo ODd ,oc.",,,,,,---
of '" bo Ibo fn>o """ vol";;...,. "",,,r sud>
portylponie;s for tho ..... and _ "",IIIioDOd ;" ",. il>Sb'lmoot
1
.L£!/lO</-/3J' .ITY OF RENTON • -
1055S.GradyWay '-'1\01. 'f(r.....\-"e~.s
Renton, WA 98055 n . Il I
____________________ -'(U,j'lf~ frc .... 1""'-0'. p 4
Ponted. 01_19_2005
Payment Made:
Land Use Actions
RECEIPT
Permit#: LUA04-025
011191200509:49 AM Receipt Number: R0500303
Total Payment: 17,365.10 Payee: W.H. HUGHES JR. COMPANY INC.
Current Payment Mad& to the Following Items:
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation ree
5Q45 304.000.00.345.85 Fire Mitigation-SPR
5050 305.000.00.344.B5 Traffic Mitigation Fee
Payments made forthis receipt
Trans Method Description
Payment Check #6511
Account Balances
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation Fee
5006 000.345.81.00.0002 Annexation Fees
5007 000.345.81.00.0003 AppealS/Waivers
S008 000.345.81,00.0004 Binding Sice/Short ~lat
5009 000.345.81.00.0006 Conditional Use Pees
5010 000.345.Bl.00.0007 Environmental Review
5011 000.345.81.00.0008 Prelim/Tentative Plat
5012 000,345.B1.00.0009 Final Plat
5013 000.345.81.00.0010 PUD
5014 000.345.81.00.0011 Grading & Filling Fees
5015 000.345.81.00.0012 Loc Line Adjustment
5016 000.345.81.00.0013 Mobile Home Parka
5017 000.345.81.00.0014 Rezone
S018 000.345.81.00.Q015 Routine Vegetation Mgmt
5019 000.345.81.00.0016 Shoreline Subst Dev
5020 000.345.81.00.0017 Site Plan Approval
5021 000.345.81.00.001a Temp Use or FenCe Review
5022 000.345.81.00,0019 Variance Fees
50:]3 Q
5024 000.345.81.00.00:14 Conditional Approval Fee
5036 00D.345.81.00.0005 Comprehensive ?lan Amend
5045 304.000.00.345.95 F;re Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitiga~ion Fee
5909 000.341.60.QO.0024 BookletsjEIS/Copie~
5941000.341.50.00.0000 Maps (Taxable)
5954 604.237.00.00.0000 Special Deposics
5955 000.05.519.90.42.1 Postage
5998000.231.70.00.0000 Tax
Amount
Amount
5.307.60
4,880.00
7,177.50
Balance Due
.00
00
· ,"
· "" 00
· "" 00
.00
."" 00
.00 .,"
00
.00 ."" 00
.00
."" 00 ", ."" 00
"" "" 00 ."" 00
""
City .. ,," Department 01 Planning I BUilding I Pu~,*S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT;
"
" SUMMARY OF PROPOSAL: Final Plat 01 Emma's with lQ Sln9le-family residenuallots.
sewer main. storm drainage. sidewalks, street lighting and paving,
A. ENVIRONMENTAL IMPACT( ... g. N",,-<:O<J~) COMMENTS
8. POLlCY-REUlTED COMMENTS
-~--
c.
City Oa Dap;Iftmonl 01 Plannmg / BuUdmg I Publlt.
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:
SUMMARY OF PROPOSAL: Final Ptal 01 Emma's w.th 10 ""'gte-family residential loIS. The pial includes installation of sanila!},
sew<>r main, slorm drainage, sidewalks, SIme1li9"1ting and paving_
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
B. POUCY-RELATEDCOMMENTS
~ CODE-RELATED COMMENTS
£"""""'0/'" En ... """,,,,,,
i i Ce-<;~RJI'7
Dt.lk.-& ,
We re~_ tllis 8pp/ic<JtlCll wi/h parliculat on""rioo 10 those areas in w/Ych we ha ... e>p""",e "rn;lI",," idenlilie~ a"". 01 prob."'. InJpacl cr
addil/crl.IIn/o,,,,alion is ..-1o propotfy asS9SS ,,>is proposal.
II/!?Ioy
Date ) I
APPLICANT:
Owner:
Address:
Phone:
FAX:
Attention:
Title:
•
First
Mutual Bank
ASS[GNMENT OF FUNDS
TO THE CITY OF RENTON
1,J,t-l~ :BANK:
Phone;
FAX:
Attention:
Title:
required in cOlln"ction with the pl.t [If proje« described below.
•
Plat Of Project: f YO mA I "::::. P L~
Location/Address of Plat or Project: {oC:> 13/.0,,& rtf: LjOA6 ~
The required work is generally described as follOWS:
I L S /D I/JF W <-\-LA..,t> {Y1A ".)-A>-'G"-+-
The bank hereby certify and agre", thaI these funds will !I01 be released without w,;uen
;n5[ruClion. from an authorized agent of tho City or Renton (the City). We furlh., "g'"" that
these funds win be paid to the City within 10 days of receiving written notica that the City has
determined thaI the required work has not been properly performed. The bank shail have nO
duty Or right to evaluate th~ correctne,s Or 'Ppropri.tfness of any such notice or deternlination
by the City and shall no! interplead or in-any manner delay payment of said fonds to the City.
The applicant hereby agree' to thl' • .,ignment of fUnds und (hal its obligation (0 perform Ihe
required work is not limited to the amount of funds held by the bank,
Thi, Assignment of fnnds j, irrevocable and cannot be cancelled by Ihe bank or Bpplicaln.
Appiicont' Bank: .
8l/H!2885 18: 10 4253924391
J"., 07 05 08,<151" QUi.
PAGE e2 ,. ,
w.n. Hnt:ht>t CtnDpany
15220 Cedar Grove Rd
1~ WA 9f1027
C -425-444-3367
,I' ',' > :;, F -'-425-392-4391
--'C"-'
PROJECT: Wetland maintenalll:e@ I" PL &: Lyons Ave SE; Rentun, W)J ru.!>indMaple HeighlS 61ememary
PROPOSED SCOPE OF WORX,
... ~ -lo,·cC" Cost $ 3).50.00 ;' } ... ",-,......,.. Approv ... ', __ "'"=&.L_+-.-'-='--___ _
Ifth.,... ar. any queolion, please fftl free to ontact me al (42:;) 8S8-6416 (425) 511_143S. Thi' work can be
scheduled UpOn oOllfirmation of accepIan<lc of proposal Payrnrnl! 10 be a. 50% down; net due upon
campltLion.
Sincerely.
"-.-~,"--"", ."-..... -.. ~.-... --.. ~--..... -.""'-.---, ....... ,.,. ..... --"" .. _""--_ ...... .."......., .. -...... -... .-... _ ...... -.. ...-"_ ......... ,.._ .. _-_ .. _ .. --"'.," ... --~-.-." .. -~--... -""'-"",..-.. -.-"'-.""~-.. --.. ~ ,,_._-.,. ....
.
From:
To:
Date:
Subject:
Laureen,
"Simone Olive(' <Simone@altollver.com>
<Inlcolay@ci.renlon,wa,us>
Thursday, January 06, 2005 11 49:31 AM
Revised Emma's Plat Wetland Sign-off
Here is the revised sign-off letter per your comments to Bill Hughes
yesterday.
I am the wetland biologist for the wetland mnigation work that was
completed at the Emma's Plat project for Hughes Homes,
We have conducted the final review of the m~lgation area and have approved
of the wetland mitigation construction. Grading was completed in tile late
summer/early fall of 2004 followed by planting in the late fall/early
winter, We are very pleased with how the work was completed and are
confident the area will provide qualily wetland and forest habitat for many
species of fiora and fauna
The mitigation area was Installed per plan wnh the exception on only one
plant substitution -black lwinberry was substituted for high-bush cranberry
due to lack of availability. Both plants grow in the same hydrologiC and
exposure conditions and are native to westem WA,
The mitigation area is currently functioning as designed With adequate
hydrologic support,
Pertormance monltonng for this project will begin in the spring of this
year followed by quarterly VISits for the remainder of2005, We will subm~
a report to you at the end of each quarter of 2005 summarizing the
establishment of the mitigation area during the first year after
construction. Monitoring is then required yearly, with yearly reports
submitted to the City through the end of 2009.
Performance monitoring to ensure compliance with approved mibgation plan
reVised 812012004 for the wetland mibgation area at Emma's Plat IS
estimated at $1900 !orthe first year (4 quarterly viSits and 4 reports for
the first year) and $800 lor each year thereafter (one yearly site visrt
with a fall report to the City each year -2006-2009).
The mitigation area will be monrtored per the following approved pertormance
standards for the project (from Drawing W4.1 of the 8120104 construction
documents),
PERFORMANCE STANDARD FOR OBJECTIVE B
FollOWing every monitoring event for a period of at least five years, the
mitigation area will contain at least 12 native plant species, In addition,
there Will be 100% survival of all woody planted species throughout the
mitigation area at the end of the first year of planting. Following each
mOnitoring event after the first year of planting, there Will be at least an
80% survival rate of all planted tree and shrub species or eqUivalent
replacement of a combination of planted and re-colonlzed native species
PERFORMANCE STANDARD FOR OBJECTIVE B
After construction and following every monitoring event for a period of at
teast rille years, exotic and InVaSive plant specJes will be maintained at
tevels below 20% total cover In all planted areas. These species include,
but are not limited to, scors broom, Himalayan and evergreen blackberry,
reed canarygrass, morning glory, Japanese knotweed, English ivy, thistle,
and creeping nightshade,
PERFORMANCE STANDARD FOR OBJECTIVE C
After construction and following every monitoring event for a period of at
least five years, the mitigation area will contain at least one habitat
feature per 1,000 s f. of mitigation area.
PERFORMANCE STANDARD FOR OBJECTIVE D
After construction and following every monitoring event for a penod of at
least rille years, a minimum of 0.6 acres WIthin the mrtigation area
(enhanced and created wetland areas) Will be seasonally inundated or
saturated to within 10 inclles of the surface for a continuous duration equal
to or greater than 12.5% of the growing season.
During each monitoring visit, the performance standards will be measured and
success rates will be summarized in the reports to the City. Additionally.
maintenance issues Will be reViewed and regular maintenance memos will be
submitted to the landscape contractor for completion
Maintenance should occur at a minimum in early March, May. July and Odober
per the long-term maintenance specifications (Part 15 of DraWing W4.1) that
were Included WIth the approved wetland mitigation plan set (Drawings Wl, 1,
W2.1. W3.1 & W4.1 dated 8120104)
If you have any questions or need any additIOnal information, please contact
mo.
Thank you,
Simone Oliver
Altmann Oliver Associates. LLC
425,3334535
simone@altollver,com
cc: "Bill Hughes" <hugheshomes@earthlink,net>
• •
CITY OF RENTON, WASHINGTON
RESOLUTION NO 3731
•
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (EMMA'S PLAT; FILE NO. LUA-04-138FP).
WHEREAS, a petition for the approval of a final plat for the subdivision ora certain tract
ofland as hereinafter mOTe particularly described, located within the City ofRernon, has been duly
approved by tbe PlanningIBuildingfPublic Works Department; and
WHEREAS, after investigation, the Administrator of the PlanningIBuildinglPublic Works
DepartffiCllt bas considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the public interest; and
WHEREAS, the City Council has detennined that appropriate provisions are made for
the public heahh, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrOllnds, schools, schoolgmunds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public usc and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF TIlE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SEcnON I. The above findings are true and com:ct in all respects.
SECTION lL The final plat approved by the PlanningfBuildingiPublic Works
Department pertaining to the following described real estate, to wit.
See Exhibit' A" attached hereto and made a part hercofas if fully set forth
• RESOLUTION NO. 3731 •
(The property, consisting of approximately 4.3 acres, is located in the vicinity of
the 100 block of Lyons Avenue NE) ----_._--_.-
is herebY approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings. oonclusions. and recommendation of the Plannin~uildinglPublic Works
Department dated Decembef 14, 2004.
PASSED BY TIlE CITY COUNCIL this 3rd day or Janllary , 2005.
Home 1. Walton, City Oak
APPROVED BY TIiE MAYOR this 3rd dayof __ ,'"."""'"""''--___ , 2005.
Approved as to funn:
~~
RES.1 083: 12115104:ma
2
•
• •
EMMA'S PLAT
LEGAL DESCRIPTION
EXHIBIT A
RESOLUTION NO. 3731
•
TRACT 13, BLACK LOAM FrYE ACRES TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY,
WASHINGTON.
-• •
RESOLUTION NO. 3731
~ ~ ~ ~
~
~ ~
w > ~
0 N.E. 4TH ST. u ,
rr ~
CITY Ut.ll~ W " G --;.E--;-9~ w ~ ~
z
I", ST. ~ N.E. 3RD ST. NORTH "'t ~ I -~~ ~Cl: -I v tv.1: ~ -132NC S.L NE 2ND ST. -NO Sr
ST. -, w 0-<:-~ I (,0 w ~ > ",I ~ Oc-<,) *"-<:-~ I ~,I ~ ~II SITE v v -~I S.L 2ND_CT .. ~ ~ --------~ ---_ .. -~ ~ -S.L 36TH S1. II CITY Ut.llTS
-----
VICINITY MAP
DAloiA'S PLAT fiNAL PLAT VlCNITY MAP
Baima & Holmberg Inc.
.I.N.G.!. NEE R.S !t_ s.u R.V.E Y 0 II S_ ~-~
100 fII0NT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) ~n -0250
• • •
RESOLUTION NO. 3731
""" STREET (1481H AVE s.E. ) (NOT OPEN)
•
ill • ~ ~ ill 0 -
NORTH 0
--
0
• -r.;-I:i. 0'
j V •
~\. 0
"~ <f •
0
I • " , . , ,
• < • ~ 0
• • • · .
LYONS AVE s.£. (146TH AVE s.£.)
EMMA'S PLAT ANAL PLAT PLAT PLAN
Baima & Holmberg Inc.
ENGINEERS &: SURVEYORS
100 FRONT STREET SOUTH ISSAQUAlL WASHINGTON 960~7 (425) 392 -0250
DATE:
TO:
FROM:
SUBJECT:
• •
CITY OF RENTON
PLANNINGIBUILDINGlPUBLlC WORKS
MEMORANDUM
January 18, 2005
Bob Mac Onie
Sonja Fcs"cr, Technical Services
Juhana Fries, X 7278
EMMA'S PLAT -FINAL PLAT
LUA 04·138 FP
100 Block of Lyons Ave NE (North of SE 2"" Court)
FINAL REVIEW & APPROVAL FORM
If all concerns ha~e been addressed and you recommend recording of the mylar, please
sign tI1is memo below and return to me.
Thank you.
Approval:
Name Title Date
Approval: '\.&(,1" J Name~e ff ,t JlfOOtA...J
Dale
rJl9/as T'
Pnntcd: 01·19·2005
Payment Made'
• CITY OF RENTON
1055 S. Grady Way
Renton. WA 98055
Land Use Actions
RECEIPT
Permit#: lUA04-025
Otl1912005 09:49 AM
•
Receipt Number: R0500303
Total Payment: 17,365.10 Payee: W.H. HUGHES JR. COMPANY INC.
Current Payment Made to the Following Items:
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation Fee
5045 304.000.00.345.85 F~re Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
Payments made for this receipt
Trans Method Description Amount
Payment Check #6S11 17,36S.10
Account Balances
Amount
S.307.60
4,880.00
7.l77.50
Trans Account Code Description Balance Due
3021 303.000.00.345.SS Park Mitigation Fee
5006 000.345.81.00.0002 Annexation Fees
5007 000.345.8l.00.0003 Appeals/waiver"
5008 000.345.81.00.0004 Binding Site/Short Plat
5009 000.345.Bl.00.0006 Conditional Use Fees
5010 000.345.81.00.0007 Environmental Review
501l 000.345.Bl.00.0008 Prelim/Tentative Plat
5012 000.345.81.00.0009 Final Plat
5013 000.345.81.00.0010 PUD
5014 000.345.Bl.00.00l1 Grading & Filling Fees
5015 000.345.81.00.0012 Lot Line Adjustment
5016 000.345.Bl.00.00l3 Mobile Home Parks
SOl? 000.345.Bl.00.00l4 Rezone
501a 000.345.81.00.0015 Routine vegetation Mgmt
5019 000.345.Bl.00.0016 Shoreline Subst Dev
5020 000.345.8l.00.00l7 Site Plan Approval
5021 000.345.81.00.0018 Temp Use or Fence Review
5022 000.345.Bl.00.00l9 Vari~nce Fees
5023 0
5Q24 000.345.81.00.0024 Conditional Approval Fee
5036 000.345.Bl.00.0005 Comprehensive Plan Amend
5045304.000.00.345.85 Fire Mitigation-SFR
5050 305 000.00.344.85 Traftic Mitigation Fee
5909 000.34l.60.00.0024 Booklets/EIS/Copies
5941 000.341.50.00.0000 Mapa (Taxable)
5954 604.237.00.00.0000 Special Deposits
5955 000.05.5l9.90.42.1 Postage
5998 000.231.70.00.0000 Tax
· " " " " · " ." .00
· " " · " ." " · " ." " " · 00
" · " · 00
" · " " " · 00
" · " · 00
(JUliana Fries __ -Emma'S!'la(
From:
To:
Date:
Subject:
Juliana
•
Neil Watts
Fries, Juliana
01119120054:35:44 PM
Emma's Plat
:: •
I talked with other BPW members, and we COnCUr on granting the deferral for the paving as requested.
Bill Hughes will be bnnging In the security tomorrow. When the other items are oompleted, it is OK to
proceed with signing the final plat.
Neil
cc: Kittrick, Kayren
City" "on Deparrmenr of Plarmlng IBuiJding / Pub.~.i<s
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING OEPARTMENT~l'" \ COMMEtfTS DUE, NOVEMBER 22, 2004
APPLICATION NO, lUA04·138. FP DATE CIRCULATED: NOVEMBER 5. 2004
APPLICANT: BiD Hu hes PROJECT MANAGER: Juliana Friel;
PROJECT TITLE: Emma·s Floel Pial PlAN REVIEW: Jason Jordan
SITE AREA: 4.33 ""'""" BUILDING AREA (g'oss): NlA
LOCATION: 100 Blk 01 Lyons Ave SE. North 01 SS 'i!" CI I WORK ORDER NO: n341
SUMMARY OF PROPOSAL.: Rnal PI" 01 Emma"s Mtl 1 0 sin~e~amlly ", •• Jentlai Iols. The plat includes IlISlallalk>n 01 sanitary
sewer ma;;. slonn dfaioagoe. sidewalks. streel rogMng and paving.
A. ENVIRONMENTAL IMPACT(e.g. Non-Cade} COAfMENTS
tJe,o
icJiwJ),chg -tUt ol:'(j. t/I'J/C~
B. POUCY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
ll/i?/oy Dot~ r f
,
APPLICANT;
Owner;
Address:
Phone:
FAX:
Attention:
Title;
•
First
Mutual Bank
AsstGNMENT OF FUNDS
TO TIlE CITY OF RENTON
(,.>,~-~~ HANK:
Phone:
fAX:
Attention:
Title:
•
The above reference. bank hereby certifies ':;;~~;:!i I'>j
donm (S , 4-j /6B -) i5' on deposit in tt
unde, the name of City of Renlon, to secure the applican""':,:::f;;
required in connection with the pial or project described b
Plat or Project: £. m m A I....... P L,Af/
Uication/Addre5s of Plat or Project: /LX2 :alack cl: Lyoll,.,. Auf..
The required work is genera!ty described as follow,;
The bank he,eby certify and agree' that tlte,e fund; will not be released without wriUe"
instruction. from an authDri~d agent of tho City of R~nlOn (the City). We further agree thai
these funds will be paid to the City within 10 days of receiving written notice thai the City has
determined that the required work has not been properly performed. The bank shall have nO
duty Of right to evaluate the correctne" Of appropriat(ness of IIny such notice or detem,;n"tion
by the City and shal! not interplead or in any manner delay payment of said funds to the City.
The applicant hereby ag,ees to thi! R"ignment of funds and that its obligation to perform the
required work is not limited to the amount of fund, held by the bank.
Thi; Assignment of funds is irrevocable and cannol be cancelled by the bank or applicaill.
ApDlioant: Bank:
, ::"
£11/14/2885 18:10 425392'.1ii,1
QU.'In
PAGE 02 ,. , •
" ",
'December 22. 2004 " .' -'!"'" '.-'" < ,",," '-, '
W.lL HIJ3b~ Company
1522£1 Cedar Grove Rd
Issaquah. W A 91027
, "." " , C -425-444-3367 ", . " ,F _425-392-439J . "" '"
PROJECT: Wetland maintenancc@ 1~ PL& Lyons A~e SE.; Renton, WAJ &.\lind Mzple H'eighlS Elementary
PROPOSED SCOrE OF WORK:
• ofWelw,d plants and ~ ... for the fim)"lAf fuf Fou:rlimes (early March, early
•
Cost $ 1,400.00~,_.;( II-l<:.L ,,~!
• lVlaintenan"" Monitoring o'W",,,,,
• Worl< 10 "" compklcd by OtIe 0\lIl1. i
~ -10,·05 Cost $ 3,250.£10 , 1 '''"I.. ,... 0--:>< ApprovelL~g:r'---+_.L"-___ _
Ifth"", ... e My question. pleMe Ittl free 10 nlael me ot (425) 8S3-6416 (425) 531-1433. Thi. worS; can be
scboduled upon confirmation of acoeptanooo of Jl<OP(Im Payments to be as 50% down; net doe upon
completion.
Sincen:ly,
Americ
"_"_"'M"~_'" "_'''M''_~~'_'' __ '''' ____ .~ __ ' ___ ''''''''~~ __ __ ... _""" .... ""_ ...... _ ... _u ___ .. _ ... _ , ... _ ... _"_ ............ _ ........... .., .. _D . ...... _of' "''''. __ ~_ ...... _._---. ____ ~_..,. __ .. __ .• _:.. __ ~_" ____ "'~
"---'''''''
.
From;
To;
Dale;
Subject;
Laureen,
"Simone Oliver" <Simone@altoINercom>
<Ink:olay@d.renton.wa,us>
Thursday, January 06, 2005 11 49 31 AM
Revised Emma's PIa! Wetland Sign-off
Here is the revised sign-off letter per your comments to Bill Hughes
yesterday_
I am the weiland biologist for the wetland mitigation work that was
completed at the Emma's Plat project for Hughes Homes_
We have conducted the final review of the mitigation area and have approved
of the wetland mitigation construction. Grading was completed in the late
summerlearly fall of2004 followed by planting in the late falUearly
winter, We are very pleased with how the work was completed and are
confident the area will provide quality wetland and forest habitat for many
species of fiora and fauna
The mnigation area was installed per plan with the exception on only one
plant substitution -black !winberry was substrtuted for high-bush cranberry
due to lack of availability, Both plants grow in the same hydrologiC and
exposure conditions and are native to western WA,
The mitigation area IS currently funCIJonlng as deSigned with adequate
hydrologic support,
Performance monitoring for this project will begin in the spring of this
year followed by quarterly viSits forthe remainder of2005, We will submrt
a report to you at the end of each quarter of 2005 summarizing the
establishment of the mitigation area dunng the first year after
construction_ Monitoring is then reqUired yearly, wnh yearly reports
submitted to the City through the end of 2009,
Performance monitOring to ensure compl,ance with approved mitigabon plan
revised 812012004 for the wetland mlogation area at Emma's Plat IS
estimated at $1900 for the first year (4 quarterly Visits and 4 reports for
the first year) and $800 for each year thereafter (one yearly site visit
wnh a fall report to the City each year -2006-2009)_
The mit,gallOn area will be monitored per the following approved performance
standards for the project (from Drawing W4 1 of the 8120104 construction
documents),
PERFORMANCE STANDARD FOR OBJECTIVE B
FollOWing every monitoring event for a period of at least five years, the
mitigation area W111 contain at least 12 native plant species, In addibon,
there will be 100% survival of all woody planted species throughout the
mitigation area at the end of the first year of planting_ Following each
monitOring event after the first year of planllng, there will be at least an
80% survival ",te of all planted tree and shrub species or equivalent
replacement of a combination of planted and re-{;olonlzed nahe species
PERFORMANCE STANDARD FOR OBJECTIVE B
After construction and following every monitoring event for a period of at
least five years, exotic and invasive plant species will be maintained at
levels below 20% total cover In all planled areas. These species inciude,
but are not limited to, Scot's broom, Himalayan and evergreen blackberry,
reed canarygrass, moming glory, Japanese knotweed, English ivy, thistle,
and creeping nightshade.
PERFORMANCE STANDARD FOR OBJECTIVE C
After construction and following every mon~oring event for a period 01 at
least live years, the m~igatlon area Will contain at least one habitat
feature per 1,000 s.l. of mitigation area
PERFORMANCE STANDARD FOR OBJECTIVE 0
After construction and follOWing every monitoring event for a period 01 at
least fllle years, a minimum of 0 6 acreS within the miligation area
(enhanced and created wetland areas) will be seasonally inundated or
saturated to wilh,n 10 inches of the surface for a continuous duration equal
to or greater than 12 5% of the growing season.
DUring each mOnitoring visit, the performance standards Will be measured and
success rates Will be summarized in the reports to the City. AdditionalJy,
maintenance issues wltl be reviewed and regular maintenance memos will be
$ubmJtted to tne landscape contractor for completion
Maintenance should occur at a minimum in early March, May, July and October
per the long-term maintenance specifications (Part 15 of Drawing W4. 1) that
were inciuded with tile approved wetland mitigation plan set (Drawings W1. 1.
W2.1, W3. 1 & W4.1 dated 8120104).
If you have any quesUons or need any additional information. please contact
m,.
Thank you,
Simone Oliver
Altmann Oliver ASSOCiates, LLC
425333.4535
simone@alloliver.com
cc; "'Bill Hughes" <hugheshomes@earthhnk.net~
• , •
g. TICOR TITLE COMPANY
15 S. Grady Way, Suite 120, Renton, WA 98055
1425)255-7575 FAX (425)2S5.-0285
Baima & Holmberg
100 Front Street
Issaquah, WA 98027
Attn: Bonnie
•
SUPPLEMENTAL REPORT NO.2
File No.: 6313735-2
RE: Emmas Plat LLC,I
The following Information is a partial amendment of our Commitment dated January 14, 2004 arid is not
intended to represent a complete report to date:
There have been nO changes of record since the Plat Certificate Effective dale 01 01-14-<14
through 12-1341, except those noled in Supplemental Report No.1
Dated: December 16, 2004
Bonnie, Balma & Holmberg
• ~. TICOR TITLE COMPANY
15 S, Grady Way, Suite 120, Renton, WA 98055
(425)255-7575 FAX (425)2Ss..o285
B31ma & Holmberg
100 Front Street
Issaquah, WA 98027
Attn: Bonnie
•
SUPPLEMENTAL REPORT NO.1
File No.:
REo
6313735-2
Emmas Aat llC.I
The following information is a P<'rtial amerJdment of OUr Commitment dated January 14, 2004 and is not
intended to represent a complete report to date:
The Vesting Is amended as follows:
Emmas pjat LLC. a Washington lim~ed liability company
Paragrap/1(s) 4and 5 have been deleted.
Paragraph(s) 7 has beiln amended as follows:
General property taxes and spedal d<strict charges. as follows, together with Interest, penalty and statutOfY
foreclosure costs, if any, after delinquency:
(1st half delinquent On May 1st; 2nd haH dellnquent On November 1st)
Total Taxes fOf Year 2004
Amount Billed: $1,946.37
Amount Paid: $973.19
Amount Due: $973_18
Tax Account Number: 084110-0085-03
Levy Code: 2147
Current Assessed Value: Land: $168,000_00 Improvements: $0.00
Paragraph(s) 9 has boon added as follows:
DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF.
GRANTOR: Emma's Plat, LLC, a Washington limited liability company, and WilfOfd H. Hughes,
Jr. and Kathy L Hughes, husband and wife
TRUSTEE. RObert B. Spltzor, Esq
BENEFICIARY: Covenant Mortgage CorpO(8tion
ADDRESS: 9725 Southeast 36th Streel, Suile 400, Mercer Island, WA 98040
LOAN NO : Not disclosed
AMOUNT: $960.000_00
DATED Augusl12,2oo4
RECORDED: August 16, 2004
RECORDING NO.: 20040616002675
,
t ;
i
\
• • • • Paragrapn(s) 10 has been added as follows:
ANY CONVEYANCE OR MORTGAGE by Emma's Plat LLC, a Washington limited liability company, must
be executed in accordanee with the Limited Liability Company Agreement and by alilhe members and
their respective spouses as the date of acquiSition, or evidence must be submitted thai certain designated
managersJmembers have been au\h()(ized to act for the Limited Liability.
A copy of Ihe limited Liability Company Agreement and amendments Ihereto, ff any, must be submitted
Dated: October 28, 2004
"
Bonnie, Baima & Holmberg
Secretary of State
1, SAM REED, Secretary of Slale ofthe Slate of Washington and custodian of its seal,
hereby issue this
CERTIFICATE OF INCORPORATION
to
EMMA'S PLAT HOMEOWNERS ASSOCIATION
alan W A Non·Profit Corporation. Charter documents are efTective On the dale indicated
below.
Date: 1/512005
URTNumher: 602-460_122
APPlD: 209761
Given under my hand and the Seal oflhe Stale
of Washington m Olympia. (h~ Slale Capital
S,m Reed. ~ecre"'ry of SIa'.
•
January 5, 2005
Bill Hughes
15220 Cedar Grove Road
Issaquah, W A 98027
Re: Emma', Final Plat; Pile No. LUA-04-138
Dear Mr, Hughes,
CIT~F RENTON
CityClcrk
Bonnie!. Wallnn
Al the regular Council meeting of January 3, 2005, the Renton City Council approved the
referenced final plat by adopting Resolution No. 3731. A copy uflhe resolution is enclosed
for your files.
If r can provIde additional information or a~sislancc. please feel free (0 contact me.
Sincerely,
Bonnie I. Walton
City Clerk
Enclosure
cc: Mayor Kathy KooIker-Wheeler
Council President Don Persson
Juliana Fries, Development Services Division
Tom Redding, S.ima & Holmberg,loc .. 100 From SI S. iss"qu.h. WA 98027
,,".'" ,,' THO cURVE
JamlOr), 3, 2005
UNFINISHED BUSINL<;S
Finance Committee
Community Services: Park
Fees (Fitness Activities Rates
& Picnic Sheller Fees)
RESOLUTIONS AND
ORDINANCES
Resolution #3730
Vacation: Logan & Park Aves
N, City ofRcntoo. V AC-04-
005
RCMllution #3731
Plat Emmas. Lyons Ave NE.
FP-04-138
Community Serv1ces: 2{)()5
Community Cemer Fitness
Activities Rates
Ordinance #5120
COiTUnunity Services; 2005
Community Center Fitness
Activitie, Rate,
C-Ommuoity Service" 2005
Park Picnic Shelter Fees
Ordina"ce#5121
Community Servtces, 2(X)5
Park Picnic Sheller Fees
Of;;;"~ BOOk~&:';:;::'~::;"
• Renton Cay Council Minutes • Page 6
Finance Committee 2004 Vice Chair Law presented a report regarding the 2(X)5
park fees. The Finance Comminee met on 12l20nOO4 to di,cuss park fees for
2(Xlj. The Committee recommended that certain Conununity Center and Picnic
Sheller fees be modified effcctive 11112005. a; detailed in the proposed
ordinances. The COnlrniltee also r"comm~nded that periodic promotional pass
card ratcs be offered to intrmluce newcomers to Renton Community Center
hl!alth opportunitie •. and that ;taff periodically apprise Council of such
promotional activities.
The Committee funher recommended Ihat the ordinances regarding this lnatler
be pre.ented for first reading. MOVED BY LAW, SECONDED BY NELSON.
COUNCil-CONCUR IN THE COMMITIEE REPORT. CARRIED. (See
later this page for mdinances.l
The following resolutions Were presented for reading and adoption:
A resolution was read setting a public bearing date of 1I2412()05 on vacating
ponious of Logan and Park A"enues N .• nonh ofN. 8th SI.. for the propo.'ed
Lak~,hore Landing sile development streel system (City of Renton; V AC--04-
005). MOVED BY BRlliH..E. SECONDED BY NELSON, COUNCIL ADOPT
THE RBSOLUTION AS READ. CARRIED.
A resolution was read approving the Emma·s Final Plat; 4.3 acres located nt the
vicinity of the IO(] hlock of Lyons Ave. NE (FP--04-I3Rl. MOVED BY
BRIERE, SECm-mED BY CLAWSON, C01JNCrL ADOPT THE
RESOLUTION AS READ. CARRIED.
The following ordinances were presented for first reading and advanced for
second and final reading:
An ordinance was read ~hanging the 2005 Community Center fitness activities
rates. MOVED BY LAW. SECONDED BY NELSON. COUNCll.. ADVANCE
THE ORDINANCE FOR SECOND AND FINAL READING. CARRillO.
Following second and final reading of tbe above ordinance. it was MOVED BY
BRIERE. SECONDED BY PALMER. COUNCIl.. ADOPT THE ORDINANCE
AS READ. ROLL CALL. ALL AYES. CARRlED.
An ordinance was read increasing the 2005 park picuic shelter fe~s. MOVED
BY LAW. SECONDED BY PALMER. COUNCil. ADVANCE TIlE
ORDINANCE FOR SECOND AND FINAL READIKG. CARRIED.
Following ;~cond and final reading of the above ordinancc, it was MOVED BY
LAW, SECONDED BY NELSON. COUNCil-ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL A YES. CARRIED.
The following ordinances were presented for ,econd and final reading and
adopti(m:
An ordinance wa, read adopllng the 2(XJ4 amendments to the zoning
cla.,.itications of properties located w(thin the Ctly of Renton. MOVED BY
CLA W,':;ON, SECONDED BY PALMER, COUNCIL ADOPT THE
ORDINANCE AS READ. ROLL CALL: ALL AYE,':;. CARRIED.
•
emmei! Meeting Minute, uf
December 20, 2004
Vacation: Logan & Park Aves
N, City of Renton. V AC-04-
005
Plat: Emma" Lyons Ave NE,
FP.{}4-138
CAG: 04-052. Sunset Sewer
Interceptor Phase III Desi!,'II,
Roth !-Ilil Engineering Partners
CORRESPONDENCE
CItizen Comme11l: RQllins-
Development Densily Credits,
Urban Separators
Citizen Comment: Temple-
Pavilion Building Lease. Spirit
of Washington DinncrTrain
Citizen Conunen!: Highlands
('ommllnLty Association-
Vacant House at NE 10th PI,
Code Comphance
Citinn Comment: McDaniel-
Nuisance Abatement, Cily of
Bellevue
• Renton eLll' Co"ne]] Mmulc, • Page 5
Approval of CO"D~il meeling minutes of December 20, 2004 Counel1 concur
as corrected.'
City Clerk reported City of Renton request for str~et vacation for portion; uf
Logan and Park Avenue, N. fo,. the proposed Lakeshore Landing site
development. and requested a public hearing be set of 1/241200S to consider the
request (V AC-04-()OS). CouncJi concur. (See page b for resolution.)
Development Services Division recommended approval, with conditions, of the
Emma's Final Plat: tett single-family Ims on 4.3 acres located at the 100 block
of Lyons Ave. NIl (FP·04-1 38). Council concur. (See page 6 for resolution.)
Utility Systems Division recommended approval of Addendum No. I to CAG-
04-052. eontr~et "ith Roth Hill Engineering Partners. LLC. in the amount of
$90,550 for final de,ign service, for the Sunset Sewer Interceptor Pbase III
Project. Council concur.
*MOVED BY BRIERE. SECONDED BY NELSON, COUNCIL APPROVE
THE CONSENT AGENDA AS AMENDED TO CORRECT TIlE 12J2012004
COUNCil-MEETING MINUTES AS FOLLOWS' PAGE 459. UTILITIES
COMMITIEE REPORT. LINE 1. REPLACE "OIAIR CLAWSON" WITH
"VICE CHAIR BRIERE." AND 1.INIl IJ. REPLACE ",LA WSON" WITH
"BRIERE" CARRIED.
A letter waS read from Jean RoUins. 9605 143rd Ave. SE. Renton, 9S059,
re4ue,ting that the City prohibit the transfer of development density credits
between real estate parcels within the Urban Separators. MOVED BY
CLAWSON. SECONDED BY BRIERE. COUNCIL REFER THIS
CORRESPONDENCE TO THE PI.Al\'NING AND DEVELOPMENT
COMMITTEE. CARRmD.
A leUer wu; read from Eric Temple. President. Spirit ofWa,hington Dinner
Train. PO 80;\. 835. Renton. 98057. expressing intere't in leasing the Pavilion
Building for use as a ,'cnue for meetings and events. MOVED BY
CLAWSON, SECONDED BY PERSSON, CUUNCil-REFER THIS
CORRE."PONDENCE TO COMM1TrEE OF THE WHOLE. CARRIED.
Res(Xlnding to Council inquiry regarding mformation received from Highlands
Community A"ociation Directors Robert McDaniel and Terry l'ers;on. PO
Bo;\. 2041, Renton. 98059. concerning the neglected vacant house located at
4307 NE 10th 1'1., M"yor Keolk.cr-Wheeler stated that tbe City declared tile
house an attractive nui,ance today. She described the timetine by which the
property Owner has to seeure the <tructure and submit a certified ,truclUral
engineer's assessment that state., the house is safe. If the assessment is not
suhmitted. the property owner is required to apply for a permit to demolish the
house.
Councilman Clawson assured that the City's code compliance officers are active
in enforcing code compliance iSlues. and h~ pomted out that the hiring of
another code enforccmcnt officer has been authorized.
Councilman I'er""on reported reccipt of corrcspondence from Robert
McDaniel. 4308 NE 10th PI.. Renton. 98059. containing information about the
City of Bdl~\'ue's nl,isance ah,tcment program.
Y OF RENTON COUNCIL AGENDA ILL
I AI# G,,(;. I
Submitting Data: PlanningfBuiiding !Public Works For Agenda of: January 3, 200S
DeptlDi vlBoard .. Development Services DivislOn
Staff Contac!., .. Juliana Fries x:7278 Agenda Status
Consent ....... , ..... , X
Subject: Pubhc Hearing ..
EMMA'S FINAL PLAT Correspondence ..
File No. LUA 04-i38, FP (LUA 04-025, PP) Ordinance ... X
4.3 acres located at 100 Block of Lyons Ave NE -North Resolution ...
of SE 2nd Coun. Old Business. . ....
Er;hibits: New Business ... ...
L Resolution and legal description Study SCSSlOns .. , ...
2. Staff report and recommendalion Information ....... ,
Recommended Action: Approvals:
Legal Dep!. ....... X
Council concur Finance Dept. ..
Other. ..... .... ",.
Fiscal Impact: NfA
Er;pcnditure Required ... Transfer/Amendment .......
Amount Budgeted ...... Revenue Generated .. , ......
Total Project Budget City Share Total Project..
SUM!'t1ARY OF ACTION:
The recommendation for appro,'al of the referenced final plat is submitted for CounClI action.
This final plat subdivides 4.3 acres into 10 single-family residential lots WIth samtary sewer,
storm drainage, street hghting, curb and guller, sidewalks and street improvements. Design and
construction of utililies, lightmg and pavement will be approved, ~ccepled or deferred (and a
security device posted) as required through the Board of Public Works prior to recording the plat.
All conditions placed on the preliminary plat by the City of Renton will be met prior to recording
the plat.
STAFF RECQMMENDA TION:
Approve Emma's Final Plat, LUA 04-138, l'P, with the following conditions ~nd adopt the
resolution.
J All mitig~tion fees shall be paid prior to the recording of the plat.
2. All plat improvements shall be either constructed or deferred to the satisfaction of the City
staff prior to the recording of the pIal.
• •
CITY OF RENTON, WASHINGTON
RESOLUTION NO. __ _
A RESOLUTION OF THE CIn' OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (EMMA'S PLAT; FILE NO. LUA-04-138FP).
WHEREAS, a petition for the approval ofa final plat for the subdivision ofa certaill tract
ofland as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the Planning/BuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator ofthc PlarmingfBuilding/Public Works
Department bas considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking cOIlditions for students who walk to and from school; and
WHEREAS, the City Council has dctennined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, TIIE CITY COUNCIL OF TIIE CITY OF RENTON,
WASlllNGTON, DO ORDAIN AS FOLLOWS;
SECnON L The above findings are true and correct in all respects.
SECIIONIL The final plat approved by the PlanninglBuildinglPublic Works
Department pertaining to the following described real estate, to wit:
See Exhibit" A" attached hereto and made a part hereof as if fully set forth
1
• RESOLUTION NO. __ •
(The property, consisting of appro,urnateiy 4_3 acres, is located in the vicinity of
the 100 block of Lyons Avenue NE)
is beuby approved as such plat, subjeet to the laws arid ordinances of the City of Renton, and
subject 10 the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works
Department dated December 14, 2004.
PASSEDBYTHECITYCOUNCILthis __ "'of _____ ~,2004.
Bonnie I. Walton, City C1erk
APPROVEDBYTIlEMAYORthis ___ "'of _______ ~.2004.
- -. ----~ -. -~ - -
Approved as to form:
Lawrence J Warren, City Attorney
RES.1083: 12JIS/04:ma
2
• EXHIBIT A •
EMMA'S PLAT
LEGAL DESCRIPTION
TRACT 13, BLACK LOAM FIVE ACRES TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY,
WASHINGTON.
• •
~ NORTH
--. ---.-----
-----~ ---CT .
. "-"--j-___ L CHY UMITS
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VICINITY MAP
EMMA'S PLAT FINAL PLAT IACNITY !.lAP
Baima & Holmberg-Inc.
ENGINEERS & SURVEYORS
100 fRONT Sl'REET SOUTH IESAQUAIl lfASHING1'ON 99027 (425) 392 -0250
• •
""'" SfREff (I48TH AVE $.E. ) (NOT OPEN)
0
ill -
• ~ ~ ill · r -
NORTH · --
-
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, • • --
LYONS AVE 5.E. (I46TH AVE s.r.)
EMMA'S PlAT fiNAL PLAT PLAT PLAN
Baima & Holmberg Inc.
ENGINEERS &: SURVEYORS
100 FRONT STREET SOUTH ISSAQUAH. WASHINGTON 98027 (425) 392 -0250
• •
,DEVELOPMENT SERVICES DIVISION
BUlLDlNGfPLANNINGfPUBLlC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT;
LOCATION,
SUMMARY OF REQUEST:
RECOMMENDATION:
Bill Hughes
Errurul 's Final Plat.
File: LUA04-128FP
100 Block of Lyons Ave NE -North ofSE 2'"
Court_
Section 15, Twp. 23 N., Rng 5 E.
Final P]al for 10 single-family residential lots
with water, sanitary sewer, storm, street and
lighting.
Approve With Conditions
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record documents in this matter, stafTnnw makes and enters the following:" .
. --------,--FlNDINGS:--
1. The applicant, Bill Hughes, filed a request for approval of Emma's Plat, a 10-101 Final Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPAl
documentation and other perhoenl materials was entered into the record as Exhibit No.1.
3. The Environmental Review Commillee (ERC). the City'S responsible official, issued a
Determination on Non_Significance_Mitigated on April 19, 2004 for the subject proposal.
4. "lbe subject proposal was re~icwed by all departments with an Interest in the mailer.
5. The subject Site is located at the 100 Block Of Lyons Ave NE -North Side ofSE 2..1 Court.
'The new pla!IS located iu Section 15, Twp. 23 N., Rng 5 E.
6. The subject site IS a 4.J-acre parcel.
7. The Preliminary Pia! (LUA-04"()25) was approved by Ihe Cuy of Renton COWIell on July 12'"
2004~~ -
8. The site is zoned Residcnllal 5 DUlAC (R-5).
-,-
• •
9. The Floal Plat complies with both the Zoning Code lnd the ComprehenSlve Plan.
10. The Prelimin"IY Plat "as subject to a number of condItions as a result ofbo!h environmental
review and plat n.w,ew. The applicant comphed W1lh the conditions imposed by the ERC:
11. n,e appli<'IInI ,jhal/ he required to peiform all ea~lhwork act/wiles during the dry
wmmcr months of August IhrOl'gh October, unless othenvise approved by the
Develupment Services Divi"ion. This condilion shall be subject to the rev,,,,,, and
approval oflhe Dewlopmenl Services Divi_lion.
The construction started lin August 12, 2004 lind most of the earthwork was done
during the dry month. of August Ihrough October.
/2. The applicant shall be required 10 provide" Temporary ero"irm and Sedimentarion
Contral Plan (TESCI'! deSIgned pur,-uantto the Deportment of Ecology's Em<ion and
Sedimemation Control ReqUirements oullincd 'in Volume II of lhe Swrmwoler
Management Manual and provide ,tuJJ w,/h a ConS/ruclion Mitigation Plan prior 10
i."mance of Constructwn Penmts. Thi,. "ondilwn ,10,,1/ be "ubject 10 the review and
approval of the Del'elopment Services Di"".,on,
The applicant complied with tbe Temporary Erosion and SedimentatioD Control
plan submiUed and approved by D~vclopment Services.
13. Tid., project shall be subject 10 the J998 King Counly Surface Water Design Manual
The project complied witb tbe 1998 King County Surface Water DesigD Mannal,
and provided flow control Level 2 -for detention and basic water quality.
14. The applicant .<hall comply wilh the recommendatwllS conlained ... uh", Ihe Wetland
EvalwHion Repan dmed February 2004 prepared by Alrmann Ohver A,-sociale,.. UC
in regards to wetland maintenance, monitoring and construclion oflhe projecl.
Tbe Wetland MitigatioD Plan has beell adopted. Wetlands mitigation has b.,.,n
pro"idcd.
15. The applicant -Ihall be required 10 in,'la/i brighrly colored conslroction fencing along
the edge of WeIland Bond ils buffer priGr 10 project conslroclion.
Tbe applicant instailed a construction felice alollg tbe edge of the wetland and its
buffer.
16. The apl'hcanl shal/ be required 10 erecl a split-mil fence or other fence t;-pe as
approved by the Dewlopment Services DiviSIOn denoting Ihe edge of the wetland buJJer
boundo!)' prior 10 recording of the pial, In addition. "s'gn sholl be locoled along Ihc
fence in a conspiwous location indicating the presence of a wetland and irs associated
buJJer.
A 'plil rail fence denoting the edge of the wetland huffer boundary will be
installed prior tu recording. A sign wj]l al~o be in~tal1ed prior to recording or tbe
plat.
17, No vegelation rem,,",,/ "hall b~ allowed wi/hin the weiland or ils associated buJJer with
the exception of dangerous or diseased tree.'. All dangerous and/or disea,ed Iree"
propwed 10 be remowdfrom Ihe wetland or ils associated buJJer ,hall req"ire a letter
• •
from II qualified arborist and would be subject to insp(;'clir)tl and approval of Ihe
lkvelopment Services Division. This mitigation measure shall be placed On Ihe/ace of
Ihe jim1./ plat prior /0 rccordmg.
A note has been placed aD the face of the plat noting that "No vcgebtioD removal
shall be allowed within the wetland or its associated buffer with the exceptioll of
dangerous or diseased tre"'!. AU dangerous and/or di~eased trees proposed to be
removed from the wetland of it5 associated buffer shall require II. letter from a
qualified arbodst and would be s\lbjecl to iuspedion and approval of the
Development Services Division".
18. The applicanlshall pay Ihe appropriate Fire Miligalion Fee /xJsed on II rale af$488.00
per new single-family /0/ prior to the recording of Ihe final pIal,
The Fire Mitigation Fee ... 111 be paid prior to r"",ording.
19. The applicant shall pay rhe appmprlate Tmffic Miligarion Feebased on $75.00 per
eoch new average daily rrip associated wilh Ihe projed prior to recording of the finol
plat.
Tile Transportation Fee will be paid prior to recording
20. The applicant shall pay the appropriate Parks M,tigation Fee based on $530.76 per
new single-fam,ly home prior to the recording of the final plat.
The Parks Mitigation Fee will be paid prior 10 r""ording.
II. In addition, the applicant has complied wilh the conditIOns 'rnposed as a result of Preliminary
Plat
1. The applicant shall comply with Ihe C()nditions imposed by'ERe.
_ Applicant complied-witb the above ERe conditions
2. The applicant will be requm.'d 10 preserve and protect larger significant trees that do
not ;meifere with the proposed roadlmys, driveways and reasonable building pads.
Tree relention outside of those areas shaJi be delennined by an arbarisi. Unsafe Irees
may be removed.
Trees removal were re,iewcd and appro,-ed by De"elopment SerYices,
3. The applicant shall place "No Parking" signage near Ihe emergency vehicle
hammerhead turnaround ,'erYing the development. The satisfaClion oj this requirement
shall be subject to the Developmenl Sen>ices Divi,ion prior to recording of the plat.
"No Parkll1g" signage will be in,talled prior to rel:ording.
4. No direct vehicular access shall be allowed OniO Lyon., Aw NE from any lot withm
this plat. This condition sholl be placed on th face of the final pial prior 10 recordmg.
.. --
A note bas heen placed on the face of the plat noting that ~Tbere shall be no direct.
"chicolar ingress or egress di.!.~ctly.oDlo Lyons Ave NE from Lots t and'tO". ---5. A homeowner's associatiON or maintenance agreement shall be created CONcurrently
with Ihe recording of the plat in order 10 eSlablish maintenance agreement "hall be
cremed conculTenlly with the recording of the plat in order to establish maintenance
responsibilities for this developmenl. A draft oflhe documeNt(s), ijnecessary, shall be
• •
submilled to the City o/Renton Development Services Divisionfor review and approval
by the riry AI/orney and Property Services sec/wn pnor /0 the recording of Ihe plm.
A H(lmoown~rs Association was created and the Declaration of Covenants,
Conditions and Restriction. wa. reviewed and appro,-ed by Development
Services, and iJldudes the referenced maintenance r"pon.ibilitie •.
CONCLUSIONS
The Final Plat generally appears to satisfy the conditIOns imposed by the pre],minary plat process
and therefore should be approved by the Clly CouncIl.
RECOMJ\.lENDATION:
The City Council should approve the Final Plat with the following conditIOns:
I. All plat fees shall be paid prior to the recording oflhe plat.
2. All plat Improvements shall be either constructed or deferred to the sati,faction ofCily ,lafT
prior to the recording ofthe plat
SliBMITIED TillS 14" DAY OF DECEMBER, 2004
" K.yren KHtrick
[ ""-\l4-IJ!-O'P
DIVISION
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KadIy KeoIkor-Wbod<t, Mayor
CITY OF RENTON
PlanninglBuildi.nglPublicWorksDepar\meQt
Grr:g ~ P,E..Ad",;nistntGr
CITY CLERK
_December 6, 2004
TO WHOM IT MAY CONCERN:'
-Subject: -Addressing of SeveRJ N~w,PlidS and Short PI~ts in Renton
,-----
Cln'OF RENTON
'.DEC 07 2004
RECEfVED" .. a ,CITY I:LERK'S OI'FICI
, _'. '_ ,-___ -',. ,"·c;", _ -,t_ "':-"., "
. ',' Please~~ttad~ new pI~ ~ali@~juS;-~ ~.',_~_ease~d ~ ad~lo
. '_":" _ your City dirc!;tones and ~ _.,-.c--_.,!;-, __ -:-'.-.. --,-'r_: "·-"\';,''-.c>. ~,,-;-_ ''', ,,;.: __ ,
, ;, ----",--,-"---
Amber r.ane Short Plat ,_
, ,City Vtew Div Z Short Plat <., .
Elle Rain Pial "-Revised' .
Fotheringill Short Pial _:: ,
- -., - -'" Ceditr Ave-Plat· .' c, _' .'"
c,:,:'Pa'fl<-fWrySbortFlat -)':_
'; : Eri)rij~',8 PIaL":' ',-:-'-:. __ , __
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." , Honey BrOok 5 ShOrt Plat ' James Meadow Short Plllt" -
Kumar Shortl'lat .:" c-
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': StoneridgellshOrtPlat ";.,; . ,
, Sinci:rely, __',' .-
.~ ... ,. ~, . ....'
Jan Conkiln
Development Services,Rtpl'eSentative
Development Services Division ' ~ .
Telepbone: 425-430-7276 " . .
#1:pJatadd
'--MauI'¢cllHighIamkDi:'lZPfat ,-
'Sunse:t'Cn,'st 5bOtt~at: ,-,,--. ",' 0,_-,.
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•
• • CITY OF RENTON
PLANNING I BUILDING I PUBLIC WORKS
MEMORANDUM
Date: December 16, 2004
To: City Clerk's Office
From: Stacy M. Tucker
Subject: Land Use File Closeout
PI€ase complete the following information to facilitate project closeout ~fld indexing by the City
CI k' om " ; Ice.
Project N"me; Emma's Final Plat
LUA (file) Number: LUA-04-138, FP
Cross-References: Emm<l's Prelimin(lry Plat -LUA04-025, PP, ECF
AKA's:
Project Manager: Juliana Fries
Acceptance Date: November 5, 2004
Applicant: Bill Hughes
Owner: Bill Hughes
Contact: Tom Redding
PIO Numbe~: 0847100085
ERe Decision Dilte:
ERe Appeal Dilte:
Administrative Approval;
Appeal Period Ends:
Public Heating Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Dec::lslon: Date: December 27, 2004
Mylar Recording Number:
Projec::t Description: Final Plat of Emma's with 10 single-family residential lots. The plat includes
installation of sanitary Sewer main, storm drainage, sidewalks, street lighting and paving.
Location: 100 Block of Lyons Avenue SE
Comments:
I ' •
December 14, 2004
Tom Redding
Baima & Holmberg Inc.
100 Front SI South
Issaquah, WA 98027-3817
SUBJECT: EMMA'S FINAL PLAT
CITY .F RENTON
PIanning/BuildioglPublicWorks Department
GreggZlmmerma .. P.E.,Admiolstnwr
PLAT COMPLETION AND ACCEPTANCE OF UTll.ITIES
REQlJIREMENT -LUA 04-138 -10 Sll'iGI,E FAMILY LOTS
PF:Rl\QT U040251
Dear Tom,
Staff has completed thelr revIew of the above subject 10 lot plat and has made the following
COJIllllents. Although every attempt is made to d~ a thorough re\~ew, there made be additional
comments as supplemental information become, available. On~e;you ha~c completed the
rc>1SlOnS please resubmit lhrec blueJines to my office.
Final Plat Recording Concerns:
1. Note the City of Renton land use'action number and land record numo.:r, LUA-04-138-FP
and LND-lO-0412, respectively. on the dmwing Shc~1s in the spaces already provided. Note
that the LUA number currently noted on the dra,,~~g is the preliminary plat number and is no
longervJlid.
2. The curve and line data that should accompany the "C" and "L" designations (shown on the
plat drawing on Sheet 3 of3) is no! noted any" .. here on the plat submittaL
3. Complete City of Renton Monument Cards. with reference pomts of an new ngit!-of·way
monuments set as part of the plat.
4. Show symbols. as appropriate, for what was set at the comers of the lots on the plat drawing
(Sheet 3 of3).
5. Note the date the existmg monuments were vlsited, per WAC 332-130-150.
6. See the attachment for the plat addresses and city_deS1gnated street name. Note said
addresses/street name on the drawmg.
7. Remove the "SITE DENSITY"· and '·SITfc ZONING" mformJtion from the drawing (Sheel 1
of3). S"id information does not directly impaclthe pbt.
------"oO,,,C<,,C.O'"hcGC,,C'C,.WO,C,C .• ,C,:,,C,:,C, WW:","h:;':,:w:,:,~""O""'-------~
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,
I • • •
8. One of the "ACKNOWLEIXJEMENT" blocks includes the name "PAUL FONG" withm
said block (Sheet 1 of3). Remove said name if the individual is not a part oflhi. plat
9. The "AQUIFER PROTECTION NOTICE" block (Sheet I of3) should be removed from said
sheet. The subject plat does not fall wlthm the boWlda'ies ofthe AqUifer Protecllon Arca.
10. Is Item N". 13 under the "NOTES" block (Sheet 2 of 3) necessary to note on the pIal
drawing')
11. Note City of Renton street names on the ''VICINITY MAP", Some streets have the county.
designated name.
12. PrOVide sufficient data on the pIa! drawmg for the location of the casement oolHldaries.
If you have any queshons regarding specific comments in the ahove t,nal plat drawing reVleW
please contact Bob Mac Ome at 425-430-7369.
Plan Review Final Pbl Comments: "' .. ,c·-,.' '''~
1 3. Plea,e submit a letter of acceptance"of the water system from Water DlSlrict #90. " " ", , . . ~ " . ," ~ " , -14. The utilities access easement across Lot 5, for access to lot 6 needs to be 20-foot wide.
N .'. ~
15. Please mclude theiattached "Pnva\e .Oramage Easemmt"hui,d the "Access Easement"
language to the plat 'drawl~g)' .commonlY, used iri piat submittals). t
,., ',,:,"--,~' .' ," ._,,< __ ,t'. ,. ..' $
Planning Review Final Plat Comineui~~~i""\:";{i;!;,'>/ ,~, i ,I,r., , __
16. Final wetland report, mitigation 'and monitonng plan shall be submitted for approval (if not
presented yet); ,-", r", '/ ;,; , . . ~."'v' " ~ "., ,.-, it
17, Final inspection of weiland (includes fencing) shall be coordin~'ted; .. ,' , ,~.r'
.~, ,'"
18, Submit estimate of 5 years' maintenance' anti momloririg costs;
, '" ., '~.
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19. A security device in the amonnt of 125%'ofthe estimated cost must be in place prior to
rceordmg.
20. The applicant shall pay the Fire Mitigation Fee of $488 per each new smgle-famlly lot prior
to the recording of the final plat.
21. The applicant shall pay the TnmsportallOn Mitigation Fce of $717.75 per each new single-
family lot prIOr to the recording-of the final plat.
22, The apphcant shall pay the Parks Mitigation Fee of $530.76 per each new single_family lot
prior to the recording-of the fin.1 plat.
, -• •
It IS a team effort of all of the above Clly dlVlslOns your engineer and your surveyor to gel your
plat to final plat approvaL Ifyoo have any questions, please contact me aI425-430-7278, Thank
you for your cooperation.
Smcerely,
ce. Ka)T<II Kittrick
Lua04-IJ8
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DATE:
TO:
FROM:
SUBJECT:
• •
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
De~ernber 9, 2004
Juliana hie,
Sonja]. Fe"~r~
Emma's Plat, LUA-04-138-FP
Format and Legal Description Review
Bob Mac Onie and J have re"iewed the abo"c referenced final pial ,uh,mHal and have the
followms comment."
Comments for {he ApplIcant:
)\ote tile CIty of Renton land u,e action number and land rewrJ nUll1b~r, LUA-()4-IJX-FP and
LND-I 0-0412. n."PCC1; vel y. on the Jmwjng she~ls on (he spacc_, already provided. NUle Iha( the
LUA number currently noted on the drawing i, the preliminary plm number and i, no longer
valid.
The curve and line dala lhat ,hould accompany the "C" and "L" dc"gnaliom (,huwn on the pial
drawLng on Sheet 3 of 3) i, not noted anywhere on the plat ,ubmmal
Complete C,ty of Renton Monument Cards. with reference pOint, of all new nght-of.wuy
monument, ,et ," purt of the pia!.
Show symbol>. as appropriate. fur what Wi" sci III the COrnCrl of (he 10\\ all Ihe plll( drawing
(She~[Jof3).
;-.late the dat~ the ~xi'ting ntonument, were visited. per WAC 332-IJO-150.
S~C the attachment for the plat addrc,.'c, and city·de,ignated street nam~. Nnte ,aid
a,ldrc"ev,trce! nJme on t he drawing.
Remove the "SITE DENSlTY" arrd "SITE ZOSL'IG" informatiun from the drawing (Sheet I of
1). SaLd information doe, nO! di,ectly Impact the plat
Dec~mber 10,2004
Page 2
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One of the "ACKNOWLEDGEMENT" block, include, the name "PAUL tONG" wilhm ;aid
block (Sheet I of 3). Remuve ,aid name iflhe Ind'Vl<luai i, [lOt a par! of thi' pial.
111e "AQUIFER PROTECTION NOTICE" block (Shee! I of 3) should be cerno"ed from said
'heet The subj~~l pial doe, nul ["II wilhllllh~ boundar,c, of Ihc Aqujf~r ProtCCIl<ln Arcu_
" It"", No. 13 under the "NOTES" blook (Sheel 2 uf 3) nec~""ary to note On Ih~ plat drawing?
Note C,ty of Renton ,treet name, on lh. "VICINITY MAP", Some ,treet, have Ihe ~ounty
de<ignal"d name.
ProvIde sufficient dala un Ihc pial drawlng for the location of the ea_,ement houndaric,
Comment; for the Project Manage,:
Inclilde in the recording imtructiom thai (he volume n"mb~r> pnge numher and rccordLng numher
of the ,ubje';t plat ,hollid be 1Il,~rted in the 'pace, provided for them in Article 2 (Page 4) of the
Declaration of Cownan!>. Condit""" and R~.'triction' fOl' the Plat of Em!!',!!' sPlat documenl,
priur to the r~cording of ,aid document (whi~h [olluw, Ihe plat record'rlg!_ A I 10. h"v~ the
rccordmg number of ,aid CC&R, uucumcnt nOled on the plat draMng in the 'pac~ provided
unuer II~TT\ :"0_ <) of "NOTES" (Sheet I of 3).
Doe, the city ",an! !h~ "Private Drainage Ea,emen!" language. commonl}' u,ed on plat
,ubmittai.,. added to the plat drawing? Set· Ih~ altll~hmcnl.
!, the !5' acce" and ulililie, e",cmcnl nero« Lot 5, for acee« to Lot (, and Tract B, w,de
enough?
I
PROPERTY SI-:RVl4r FEE R};VmW FOR SUBDIVISIONS N~ --lz.~ __
AI'PLICANT:Y/OFfhF3b ' WI! , '..A..tvl RECEIVED~'ROM -----(da~
".
SIIORT PI,AT, RINJ)ING SrrE l'LAN, ETC. I'ID f',
LF.G>I.'-DF..sCRIPTION
VICiNnY MAP
FINAL REVIEW 0.' SUBIJI\'[SION, TillS R~:VTEW REPLACES
PRELIMINAR\' Fm: REVIEW lJAT,ru~';:;;:iL;::CO"'5
SUBJECT PROPERTY PARENT l'IDI_0A4710 -(y)<:>,5
SQUARE FOOTAG~;
FRONT FOOTAGE =
NEW KING CO. TAX ACCT.#(.) are ...... ,,;cod "hen
.... igDed by King Couoty.
k IS ~" iftenl or II., <Io,eiopm'" [,' '''')"i, "' put the d""op''''o""" on ",,"co. fhat til< k<' '1"_ be"'~ "'"' be "l'l'hcahl, "' II" '"bJ''' site up01l
d,,,'",,,,,,", of the 1""1"""-All quo«d [<os ar. pot<nIl" <""go> "", '""1 be "'" .nd ~).ble., d .. lime <he oem"ru,Oon l"'rmiC i> issued '" iru.r.all "'" on_,," and
off .. ;", irnprovelll<"" (, <, "ndelll"'uoo "",u;es. street """ro,,mem,. etc) TUUer"", m«./u"",,,,, I'm the SHe ,," will be based on curr,n< C"y """,na,.", ,,"
d<1mrun<' by do< 'ppl;cat>le U[UIt)' S"""",,_
Please ""'" tbd, tb ... {"", .'" ",bi«' tv ,hang< w;!hout 000" ~m.' too, ~"' be ".>«1 on ,.e .. on ,!fec, " UOl' of BmW",,, PmmtIC""''''',<ion Permi'
appiOC.bOO
no< .,;stiIlg house un sr LuI # , addressed "" has not p .. ,viousl,. paid
"",.", ~nc fo,,", dtlO '0 oonn<elion ,,, Ci'y utilitl"" pdo< '0 .><i,!Im"" ur SDC r .. Ord, SP LoU will b.
subject to future SOC f ... ir triggecing med .. "i, ... , are toncl>od wtD,h, <~"<nt C~} Ordinances,
We uOOe"llInd!ha' !hi, ,u\>divi,ion i, io d,e prelimi .. ,}, '"'ge aOO tha' we w,IlI","e the owonunj,y '0 re"ow it again tetore re<or~'liun,
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'I( ,,,bjte! I"ol"'rt~ b within"" J.IIJ. ;, i, 0I""'1,,!,,",, ""1"",,;1,;1;,) '" ,h ... k ,,~h lh. Finonce l}opt. fol' pa;diHn_l'did ,'"h,,_
Squ.re f".ta~o t1~Uft~ Of" tahn fn,m tit,· King (,,,,,,,,, h",,,,,,', ""1' "",1'n' ",bj"d to chango,
('"rm" ,itl' SI>C re(' ,.~"""" "PI'I)' 10> ______ ,-_________ ~ ____ _
~ 'RI=:VI~ 1~'V04-J.t tH 11 \ E ,janual'Y I. 21111~
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I City of R." Oapartm~m of Plannmg / 6uild'ng! Public .S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT'
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SUMMARY OF PROPOSAL: Final Plat of Emma's with 10 5Inglfl_lamily residential lOis. Tha pial includes inslallatlon 01 saml~ry
sewer main, storm drainage, sidewalks, street lighting and paving.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
B. POLICY-RELATED COMMENTS
C. CODE_RELATED COMMENTS
EJomon' of/h. """,,)om",,'
WB n."" ",",ewe<! this "Ppl,eaiJOfl w,lh ""riJe"'ar alieni,,,,, to Ihose .,"'s In wruch we have o'pM.se and MVB ,denMed ","'s 01 probable ,mpacI or
are.s where aridili"".1 informat"'" t5 needed '0 prOperly .,BOSS Ih" prOposo/.
Dato
.' • • EMMA'S PlAT
A TS< lOT PUT
A i"ORllCtI OF _ EE \14 OF _ If' V4 OF SEC'OCIH '" TOIIMH' ZI MCfiTH, fW«lE 5 E.OST, W'"
CITY OF fEI<lON; <Nl ca.tm', W~
".-T-.n"",;;.---$--- ---- _ _ _ _ _ _ _ ":",~ ::."'~:,~' -----------------"""-,~--~ ~ ...... . CD "".,~ " " ~ ~I ,. no • ,
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ACCESS EASEMENT
Witnesseth that said gran!or(s), for valuable consideration, receipt of which is hereby acknowledged,
hereby gratlts and conveys an access casement over, across, and upon the private drainage easements
,no"''' on the face of this plat, per an engineering plan approved by the City of Renton, a Municipality
Corporation of King County, for the project known as ___________ ~ _____ for the City of Renton as
gralllCC, to enler upon satd eascment(s) for the purpose of observing and ",speeling the fa~ilities (0
assure that the owner{s), their SuCCessors and "-,signs, 3f0 properly operating and maintaining the
drainage facilities' pursuant \0 the above referen<>ed plan and contained within said easement area(s).
The covenants herein contained shall run with the land and are binding upon the grantor{s}, its heirs,
and all subsequent owncr(s} thereof, forever.
(Appli". /" Pial')
Only if "eCes.ary.
PRIVATE DRAINAGE EASEMENT (Ptal,)
The drainage facilities located within the private easements shown on the plat shaJJ be owncd,
operated, and maintained by the homeowner's association created for this plat. The homeowner's
association shall be established in accordance with Washington State Law.
The City of Renton shall have tbe right to enter said easement, to repair any deficiencies of the
drainage fadl ity in the event the o'MIer(s) is/are negligcnt in the maintenance of the drainage tae; litie,_
The<e repairs shall be at the owner's cost
(Applie.ln Plats)
Only if""c"$Sary.
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• crr~F RENTON,
" Office of the City'Attomey
L.wnDceJ. W.rren
A .. iotanf City AUo,ney1l
. Mark fI.r"" ·e
ZoneUa L,'Fon',,'
Ann S. Nlel.en
So,b. 1'. Ale,,' .
• Wbltnoy A: hulkn ..
MEMORANDUM lIO~i a 200\
To:
From:
'Date:
Subject:
, ,
]"liana Fries, PBPW
Lawrence J. Warren, City Attorney . , '
-November 19;2~04
Enuna's Final Pial" .,' , " LUA 04-138-FP . , "
Declaration ofCnvenants, Conditions and Restrictions' '. . . . .,' .,-
',-~.-, •. . '-, . ~ + '.
-The CC&R's are approved lIS to legal funn. ,
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cc: JayCovington,'
Kayren Kittrick
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Gregg A. Zimmenlllin. PE , '. , '
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Po,t Office Box 626 _ Renton, Washington 9~057· (425) 255-86781 FAX (425) 255-5474 RE ,~
N·TON.'
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City ofRenlon InterOffice Memo
To:
.From:
Dale:
Subject:
Larry Watttn, CIty Attorney
Juliana Fries ext: 7278
Novcml,,:r 10, 2004
Emma's Final Plat
LVA 04-138-FP
Declaration of Covenants, Conditions and Restrictions
•
Please review the attached Declaration of Covenants, Conditions and Restrictions document as to
legal fonn.
A copy of the Hearing Examiner's Report dated June 10, 2(){)4 is attached forrcference and your
use. Recommendation 5 stales that "A homeowner's association or mamlemmcc agreement shall
be created conclIITcntly with the recording of the plat in order to establish maintenance
responsibilities for this development. A draft of the docuIIlI.-"Ill(s), if necessary, shall be submitted
to the City of Renton development Services Division for tcview and approval by the City
Attorney and Property Services section prior to the recording of the plat."
The plat has a detention and water quality pond as private utilities.
I am endosing, for your reference, a copy of the "Articles of Incorporation of Emma's Plat
Homeown~T Association", and a copy of the "Bybws of Emma's Plat Homeowners
Association".
The consideration by the Cmmcil will be December 2004.
If I may be of assistance in expediting this request please call me at 430-7278.
ceo KOyr<n Kmnck
LUAtI4_138
City of Rl" DeparlmMf 01 Plannmg I BUilding I Pub~c as
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:
i I I
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SUMMARY OF PROPOSAl: Final Plat of Emma's with 10 single-family residential lots .
• ewer maIn, stann drainage. "dewalks, street ligh~ng and paving.
A. ENVIRONMENTAL IMPACT(e.g. NOI1-Code} COMMENTS
lj4
B. POUCY-RELA TED COMMENTS
c. CODE-RELA TED COMMENTS / • .r
Q,,"I/lc a/I,Q it or.:jikd /b,~,
II
City of R.!n Department oJ Pldnnlng I Building I Public ;Is
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
"
SUMMARY OF PROPOSAL: Final Plat of Emma's with 10 single-family residen~allots_ The plat includes Installallon oJ sanital)'
se_r main, storm drainage, sidowalks. street lighting and paving.
A. ENVIRONMENTAL IMPACT(e.g. N",,-Code) COMMENTS
B. POUCY-RELATEDCOMMENTS
C. CODE·RELATEDCOMMENTS
IINlov
Date r I
November 5, 2004
Tom Redding
Baima & Holmberg
100 Front Street S
Issaquah, WA 98027
•
Subject: Emma's Final Plat
LUA·Q4-138, FP
Dear Mr. Redding:
CITY" RENTON
PlarmingIBuildingIPublicWorks Department
Gregg ZilDm~rmau P.E~ Administrator
The Development Planning Seciion of the City 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 any addltionallniormation is required to continue processing your
applicatiol1.
Please contact me at (425) 430-7278 ~ you have any questions.
Sincerely,
liana Fries
Engineering Specialist
Bill Hughes I Owner
-----------c'CO"55"5C.c.".'GCmdcc'~WC.C'-~R~.C.Cw="",Wc.cmc'="'=='"~"C"055O------------~ * n",_~,~5O%,""""",_ 3D%_=~~
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City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY
NAME:
CITY; ZIP:
APPLICANT (if other than
NAME:
COMPANY (a applicable):
ADDRESS:
CITY: ZIP:
TELEPHONE NUMBER
CONTACT PE:::R=S::O:::N:"""_--1
PROJECT INFORMATION
DEVELOPMENT NAME:
PROJECTIADDRESS(S)IlOCATION AND ZIP CODE:
\00 ~)OJ<. L~ij'1.:> A.lL -56' Nc,..,-l.,
bf-'5E A.IJD Ci
KING COUNTY ASSESSOR'SACCDUNT NUMBER(S):
, , I
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(~ appllcab~):
EXISTING ZONING:
PROPOSED ZONING (If applicable); R5
SITE AREA i
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
FOR SUBDIVISIONS OR PRIVATE STREeTS SERVING
THREE LOTS OR MORE (ff applicable):
PER NET
ACRE (ff applicable):
NUMBER OF PROPOSED Ii
NUMBER OF NEW DWELUNG UNITS (ff aF'Pl;cable):
NUMB R OF EXlSTlNG DWEWNG UNITS Of applicable); -/I A-
SQUARE FOOTAGE OF PROPOSED RESIDENTlAL
BUILDINGS Qf applicable): 'l
SQUARE FOOTAGE OF EXlSTING RESIDENTIAL
BUILDINGS TO REMAIN Ofapplicabla): -N /t-
SQUARE FOOTAGE Of PROPOSED NON·RESIDENTIAL
BUILDINGS Qf applicable):
SQUARE FOOTAGE OF EXlSTING NOK-RESI ENTIAL
BUILDINGS TO REMAIN Of applicable): -tJ :.} -
NET FLOOR AREA OF NON-RESIDENTlAL BUILDINGS (,f
applicable): ...,}J/A-
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT flfapplicable): -W A-
PROJECT VALUE:
IS THE SITE LOCATED IN AtNTY?E OF
0 AQUIFER PROTECTION AREA ONE
0 AQUlFER PROTECTION AREA lWO
0 FLOOD HAZARD AREA
0 GEOLOGIC HAZARD
0 HABITAT CONSERVATION
0 SHORELINE STREAMS AND LAKES
.. WETLANDS
0 $'1. ft.
0 ~,
0 sq. ft_
0 sq. ft.
<ljW sq. ft.
SITUATE I SECTION IS' , TOWNSHIP n. RANGE..::2.., IN THE CITY
OF RENTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. "",) 1'1.c 1000'" 3.
2. 4.
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Staff will calculate applicable fees and postage: $
. (
(StgnObJro 01
p"""
AFFIDAVIT OF OWNERSHIP
Notary Public in and for lIIe Stale oIW...,inglon
a DEVELOPMENT SERVICES DIVISIOra
WAIVE:"If OF SUBMITTAL REQUI~MENTSEVELOPMENTPLANNING
This requirement may be waived by'
1. Property Services Section
2. Public Works Plan Review Section
3. Building Section
4. Development Planning Section
FOR LAND USE APPLICATIONS CI1Y OF RENTON
NOV 01200\
PROJECT NAME: fi~ ,PMj-
'ATE 0ld/ot
Q \WE6IPV>11OEVS ERVIF orms IPIOn" log""'"'''' ,Is 0110612004
~ELOPMENT SERVICES DIVISION •
WAIVER"I'lFSUBMITTAL REQUIRE'WIENTS
FOR LAND USE APPLICATIONS
S~e Condijions
This requirement may be wafved by:
1. Property Services Section
2. Public Wor1<s Plan Review Section
J. Buikjing Section
4. Development Planning Section
PROJECT NAME: --,f~f>y~· ';',/y¥1-4""'~' --fp~I<Vt-",,------
DATE< _1-'1 if-I,,"-pUCC'<fI-___ _ , I 4-
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..... "''''''''''
,
400, NE 4", S'
~",,,.. W~ ~"050$9a
425-227-Q'IO' F", 425-227-430'
Eoo., Jod'-' .. ""..,.""nll,,,p, gO>'
• DEVELOPMENT Pl,ANNING
CITY OF RENTON
NOV 011004
EMENTS
,City 01 Renton De~';p;"""t Se";;i",;s Division' '
1 055 South Grady Wily-Renton, WA 98055
__ '. ,Phon<;: 425430-7200 Fax: 425-430-7,231 -' ; , '" ' ,< , ' ,
The Post Off~ wants to be-invoNed 10 helping you IocateYOLJr mailboxes before construction
begins_ 'Please take a copy of your plat map akuig with tnis form to the City of Renton Post
Office, 314 Wil~ams Avenue South, for thoir sign-off. Please submit a signed ropy of this form
with YOLlr' appljca~on_ .c '
;rope~t~U"":': e:r1nrA ~ 7!;-:r-
"""'~'~' N£'~~::':13:i~\~\;\\:iA~'~I..<~";:::~:~:~';hone N~mber: ~15-44 ~ -33117 " "'."
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HIGHLANDS STA110H '
. 4301 HE 4TH ST·
RENTON; WA 98059-9998
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CONFIRMATION OF COMPLIANCE WITH ALL CONTITIONS OF PLAT APPROVAI~ Di:1lf:LOPI.1E
EMMA'S PLAT CIT'YOF';{f::'L~/VlWIVG
FILE NO. LUA-04-02S NOV IV
02200+
HEARING EXAMINER RECOMMENDATIONS: RECEIVED
1. The applicant shall comply with the conditions imposed by the Environmental
Review Committee (ERe).
The wetland on site has been placed within Tract "A"', which is idenlilied as a sen~ilive
area and conveyed to the Emma's Plat Homeo"'TIers AsSociation as noted with in
Restriction #1 which is located on Sheet I of 3 of the plat map. The bomeowers
association is responsible for the maintenance of Tract "A" per the note.
Tract "B"' of this plal;5 created as a stormwuler detention facility and is also conveyed to
the homeo\\,ers association as noted within Restric(ion #2, which ;8 located on Sheet I or
3 of the plat map. The homeowers association is also responsible for the mainlenance of
Tract "B" per the note.
Private drainage easements are provided to con~ey storm water lo the wetlands or the
stormwater detention facility.
2. Th~ appH~;mt will be T1;'quired ll) pre,erve and protect larger significant trees that
do not interfere with the proposed roadway~, dnveways, and reasonahle huilding
pads. Tree retention outside of those areas shall be determined by an arbl)ri~L
Unsafe trees may be removed.
Note #14 on sheet 2 of3 is provided to insure compliance with this condition. Most of
the significant trees on ,ite are located within Trac! "A" sensitive area tract and are
prote~ted by the sensitive area provisions and maintenance requirements of Restriction
#1.
3. The applicant shall place "No Parking" signage near the emergency vehicle
hammerhead turnaround serving the development. The satisfaction of this
requirement shall be subject to the Development Services Division prior to the
recording of the plat.
This condition will be met at the time construction is complete for all improvements and
just prior to the recording of the plat.
.1'. • •
4. No direct vehicular access shall be allowed onto Lyons Avenue NE from any lot
within the plat This condition shall be placed on the face of the final plat prior to
recording.
Note # 16 on sheet 2 of 3 states clearly "There shall be no direct vehicular ingress or
egress directly onto Lyons Avenue from Lots 1 and 10."
5. A homeo""'Tlcr's association or maintenance agreement shall be created
concurrently with the recording of the plat in order to establish maintenance
responsibilities for this development A draft of the document, if necessary shall
be submitted to the City of Renton Development Services Division for review and
approval by the City Attorney and Properly Services section prior to the recording
of the plat.
Note #20 on sheet 2 of] is provided for the establishment uflhe homeowners
association. The homeovmers associations obligations are defined in part by notes #6,
and restrictions I and 2.
Other items:
The applicant will comply "'1th all other conditions associated with the approval of the
plat including payment of all mlligation fee, delennined by the City of Renton.
• • •
LOT CLOSURES.txt
Parcel name: LOT 1
North: 179171.8239 East: 1308238.6592
line Course: N 88-17-56 W Length: 44.41
North: 179173.1423 East: 1308194.2688
Curve Length: 39.88 Radius: 25.00
Della: 91-23-20 Tangent: 25.61
Chord: 35.78 Course: S 46-00-24 W
Course In: S 01-42-04 W Course Out: N 89-41-16 W
RP North: 1791481533 East: 1308193.5267
End North: 179148.2895 East: 1308168.5270
line Course: S 00-18-44 W length: 114.43
North: 179033.8612 East: 1308167.9035
line Course: S 88-17-56 E Length: 70.02
North: 179031,7826 East: 1308237.8926
Line Course: N 00-18-44 E Length: 140.04
North: 179171.8206 East: 1308238.6557
Perimeter: 408 77 Area: 9,661 sq.ft. 0.22 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0049 Course: S 46-00-24 W
Error North: -0.00338 East· -0.00350
Precision 1: 83,424.49
Parcel name: LOT 2
North: 179171.8239 East: 1308238.6592
Line Course: S 00-18-44 W Length: 140.04
North: 179031.7860 East: 1308237.8961
Line Course: S 88-17-56 E Length: 60 02
North: 179030.0043 East: 1308297.8897
Line Course: N 00-18-44 E Length: 140.04
North: 179170.0422 East: 1308298.6528
Line Course: N 88-17-56 W Length: 60.02
North: 179171.8239 East: 1308238.6592
Perimeter: 400.12 Area: 8,402 sq ft. 0.19 acres
Page 1
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LOT CLOSURES_txt
Mapcheck Closure -(Uses Ijsted courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0,00000
Precision 1: 400,120,000.00
------------------------------------------
Parcel name: LOT 3
North: 179170.0422 East: 1308298.6504
Line Course: S 00-18-44 W Length: 140_04
North: 179030_0043 East: 1308297.8873
Line Course: S 88-17-56 E Length: 60_02
North: 179028.2225 East: 1308357.8808
Line Course: N 00-18-44 E Length: 140.04
North: 179168.2604 East: 1308358.6439
Line Course: N 88-17-56 W Length: 60.02
North: 179170.0422 East: 1308298.6504
Perimeter: 400.12 Area: 8,402 sq.ft 0.19 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0,0000 Course: S 90.-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 400,120,000.00
-----------------------------------------
Parcel name: LOT 4
North: 179168.2604 East· 1308358.6416
Line Course: S 00-18-44 W Length: 140.04
North: 179028.2225 East: 1308357.8785
Line Course: S 88-17-56 E Length: 60.02
North: 179026.4408 East: 1308417.8720
Line Course: N 00-18-44 E Length: 115.03
North: 179141.4690 East: 1308418.4988
Line Course' N 88-17-56 W Length' 19.79
North: 179142.0565 East: 1308398.7176
Curve Length: 39.27 Radius: 25.00
Delta' 90-00-00 Tangent· 25.00
Chord: 35.36 Course: N 43-17-56 W
Course In: N 88-17-56 W Course Out: N 01-42-04 E
RP North: 179142.7987 East: 1308373.7286
Page 2
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LOT CLOSURES,txt
End North: 179167.7876 East: 1308374.4707
Line Course: N 88-17-56W Length: 15.83
North: 179168.2576 East: 1308358.6477
Perimeter: 389.99 Area: 7,781 sq,ft. 0.18 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0067 Course: S 65-08-19 E
Error North: -0.00284 East: 0.00612
Precision l' 58,205.97
Parcel name. LOT 5
North: 179141.4717 East: 1308418.4965
Line Course: S 00-18-44 W Length: 115.03
North: 179026.4434 East: 1308417 8697
Line Course: S 88-17-56 E Length: 60_02
North: 179024.6616 East: 1308477.8632
Line Course: N 00-18-44 E Length: 124.37
North: 179149.0298 East: 1308478.5409
Curve Length: 13.75 Radius: 25.00
Delta: 31-30-34 Tangent: 7.05
Chord: 13.58 Course: N 56-56-56 W
Course Irl: N 17-17-47 E Course Out: S 48-48-21 W
RP North: 179172.8993 East: 1308485.9738
Erld North: 179156.4340 East: 1308467.1618
Line Course: N41-11-39W length: 11.74
North: 179165.2681 East: 1308459.4296
Line Course: N 88-17-56 W Length: 5.00
North: 179165.4165 East: 1308454.4318
Curve Length: 39.27 Radius: 25.00
Delta: 90-00-00 Tangent: 25,00
Chord: 35.36 Course: S 46--42-04 W
Course In: S 01-42-04 W Course Out: N 88-17-56 W
RP North: 179140.4275 East: 1308453.6897
End North: 179141.1697 East: 1308428.7007
Line Course: N 88-17-56 W Length: 10.21
North'1791414728 East: 1308418.4952
Perimeter: 379.39 Area: 7,625 sq.ft. 0.18 acres
Mapcheck Closure -(Uses listed courses. radii, and deltas)
Error Closure: 0.0017 Course: N 48--49-14 W
Page 3
•
Error North: 0.00111
Precision 1: 223,170.59
LOT CLOSURES.txt
East: -0.00127
------------------------------------~~-
Parcel name: LOT 6
North: 179149.0292 East: 1308478.5386
Line Course: S 00-18-44 W Length: 124.37
North: 179024.6611 East: 1308477.8608
Line Course: S 88-17-56 E Length: 116.13
North: 179021.2137 East: 1306593.9397
Line Course: N 20-25-34 W Length: 69.84
North: 179086.6624 East: 1308569.5656
Curve Length: 89.58 Radius: 90,00
Delta: 57-01-52 Tangent: 48.90
Chord: 85.93 Course: N 48-56-30 W
Course In: S 69-34-26 W Course Out: N 12-32-34 E
RP North: 179055.2524 East: 1308485.2245
End North: 179143.1045 East: 1308504.7696
Line Course: N 77-27-26 W Length: 24.82
North: 179148.4946 East: 1308480.5420
Curve Length: 2.07 Radius. 25.00
Delta: 4-45-13 Tangent: 1.04
Chord: 2.07 Course: N 75-04-49 W
Course In: N 12-32-34 E Course Out: S 17-17-47 W
RP North: 179172.8980 East: 1308485.9712
End North: 179149.0285 East: 1308478.5383
Perimeter: 426.83 Area: 10,619 sq.fL 0.24 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0 0008 Course: S 16-55-28 W
Error North: -0.00074 East: -0.00022
Precision 1: 533,512.50
-----------------------------------------------
Parcel name: LOT 7
North: 179340.1638 East: 1308388.0059
Line Course: S 29-07-47 E Length: 149.43
North: 179209.6337 East: 1308460.7467
Line Course: S 01-42-04 W Length: 2.39
Page 4
•
• •
LOT CLOSURES_txt
North: 179207.2448 East: 1308460.6757
Line Course: N 88-17-56W Length't01.aS
North: 179210.2683 East: 1308358.8706
Line Course: N 00-IB-44 E Length: 130.73
North: 179340.9963 East: 1308359.5830
Line Course: S 88-18-49 E Length: 28.44
North: 179340.1594 East: 1308388.0107
Perimeter: 412.83 Area: 8,605 sq.fI. 0.20 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0065 Course: S 47-26-42 E
Error North: -0.00443 East, 0.00482
Precision 1: 63,513.85
Parcel name: LOT 8
North: 179341.0007 East: 1308359.5829
Line Course: S 00-18-44 W Length: 130.73
North: 179210.2726 East: 1308358.8705
Line Course: N 88-17-56 W Length: 60.02
North: 179212.0543 East: 1308298.8770
Line Course: N 00-IB-44 E Length: 130.72
North: 179342.7724 East: 1308299.5893
Line Course: S 88-18-49 E Length: 60.02
North: 179341.0061 East: 1308359.5833
Perimeter: 381.48 Area: 7,843 sq.ft. 0.18 acres
Mapcheck Closure -(Uses listed courses, radii. and deltas)
Error Closure: 0.0054 Course: N 04-14-18 E
Error North: 0.00542 East: 0.00040
Precision 1: 70,646.30
Parcel name: LOT 9
North: 179342.7670 East: 1308299.5916
Line Course: S 00-18-44 W Length: 130.72
North: 179212.0489 East: 1308298.8793
Line Course: N 88-17-56 W Length: 60.02
Page 5
• •
LOT CLOSURES.txt
North: 179213.8306 East: 1308238.8858
Line Course: N 00-18-44 E Length: 130.70
North: 179344.5287 East: 1308239.5980
line Course: S 88-18-49 E Length: 60,02
North: 179342.7624 East: 1308299.5920
Perimeter: 381.45 Area: 7,842 sq,ft. 0.18 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0046 Course: S 04-19-37 E
Error North: -0.00458 East: 0,00035
Precision 1: 82,926.09
Parcel name: LOT 10
North: 179344.5333 East: 1308239.6004
Line Course: S 00-18-44 W length: 130.70
North: 179213.8352 East: 1308238.8882
line Course: N 88-17-56 W Length: 45.62
North: 179215.1895 East: 1308193.2883
Curve Length: 38.66 Radius: 25.00
Delta: 86-36-40 Tangent: 24.40
Chord: 34.92 Course: N 43-59-36 W
Course In: N 01-42-04 E Course Out: N 89-41-16 W
RP North: 179240.1784 East: 1308194.0304
End North: 179240.3147 East: 1308169.0308
Line Course: N 00-18-44 E Length: 106.28
North: 179346.5931 East: 1308169.6099
Line Course: S 88-18-49 E Length: 70.02
North: 179344.5325 East: 1308239.5996
Perimeter' 391.28 Area; 9,022 sq.ft. 0.21 acres
Mapcheck Closure -(Uses listed courses, radii. and deltas)
Error Closure: 0.0011 Course: S 45-27-26 W
Error North: -0.00077 East: -0 00078
Precision 1: 355,709.09
Parcel name: ROAD 'A'
Page 6
• •
LOT CLOSURES,txt
North: 178847.5435 East: 1315979.7029
Curve Length: 38.66 Radius: 25.00
Delta: 88-36-39 Tangent. 24.40
Chord: 34.92 Course: S 43-59-36 E
Course In: S 89-41-17 E Course Out: S 01-42-04 W
RP North: 1788474074 East: 1316004.7026
End North: 178822.4184 East: 1316003.9604
Line Course: S 88-17-56 E Length: 267.50
North: 178814.4775 East: 1316271.3425
Line Course: S 01-42-04 W Length: 42.00
North: 178772.4960 East: 1316270.0957
Line Course: N 88-17-56 W Length: 5.00
North: 178772.6444 East: 1316265.0979
Curve Length: 39.27 Radius: 25.00
Delta: 90-00-00 Tangent: 25.00
Chord: 35.36 Course: S 46-42-04 W
Course In" S 01-42-04 W Course Out: N 88-17-56 W
RP North: 178747.6554 East: 1316264.3558
End North: 178748.3976 East: 1316239.3668
line Course' N 88-17-56 W length: 30,00
North: 178749.2881 East: 1316209.3800
Curve Length: 39.27 Radius: 25,00
Delta: 90-00-00 Tangent: 25.00
Chord: 35.36 Course: N 43-17-56 W
Course In: N 88-17-56 W Course Out: N 01-42-04 E
RP North: 178750,0303 East: 1316184,3911
End North: 178775.0193 East. 1316185,1332
Line Course: N 88-17-56W Length: 180.27
North: 178780.3707 East: 1316004.9426
Curve Length: 39.88 Radius: 25.00
Delta: 91-23-20 Tangent: 25.61
Chord: 35,78 Course: S 46-00-24 W
Course In: S 01-42-04 W Course Out: N 89-41-16 W
RP North: 178755.3817 East: 1316004.2005
End North: 178755.5179 East: 1315979.2009
Line Course: N 00-18-44 E Length: 92.03
North: 178847.5466 East: 1315979.7024
Perimeter' 773.88 Area: 13,525 sq.ft 0.31 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0032 Course: N 10-17-04 W
Error North: 0.00310 East: -0,00056
Precision 1: 241,837.50
Page 7
.---------------------------
• •
LOT CLOSURES,txt
Parcel name: TOTAL PARCEL
North: 178936.1158 East: 1316581.6735
Line Course: N 88-18-49 W Length: 601.65
North: 178953.8216 East: 1315980.2841
Line Course: S 00-18-44 W Length: 312.74
North: 178641.0862 East: 1315978.5799
Line Course'S 88-17-56 E Length: 601.66
North: 178623.2256 East: 1316579.9747
Line Course: N 00-18-44 E Length: 312.89
North-178936.1109 East: 1316581.6797
Perimeter: 1828.93 Area: 188,150 sq.ft. 4.32 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0079 Course: S 52-17-46 E
Error North: -0.00483 East: 0.00624
Precision 1: 231,511.39
Parcel name: TRACT 'A'
North: 178693.8916 East: 1316380.2361
Line Course: S 20-25-34 E Length: 30.61
North: 178665.2063 East: 1316390.9190
Line Course: S 50-12-51 E Len9th: 20.62
North: 178652.0111 East: 1316406.7643
Curve Length: 11.30 Radius: 17.00
Delta: 38-05-05 Tangent: 5.87
Chord: 11.09 Course: S 69-15-23 E
Course In: N 39-47-09 E Course Out: S 01-42-04 W
RP North: 178665.0746 East: 1316417.6429
End North: 178648.0821 East: 1316417.1382
Line Course: S 88-17-56 E Length: 48.62
North: 178646.6388 East: 1316465.7368
Curve Length: 6.22 Radius: 17.00
Delta: 20-57-17 Tangent· 314
Chord: 6.18 Course: N 81-13-26 E
Course In: N 01-42-04 E Course Oul: S 19-15-13 E
RP North: 178663.6313 East: 1316466.2415
End North: 178647.5822 East: 1316471.8472
Line Course: N 70-44-47 E Length: 8.39
Page 8
• •
LOT CLOSURES txt
North: 178650.3488 East: 1316479.7679
Curve Length: 13.18 Radius: 17.00
Della: 44-25-34 Tangent: 6.94
Chord: 12.85 Course: N 48-32-00 E
Course In: N 19-15·13 W Course Out: S 63-40-47 E
RP North: 178666.3979 East: 1316474.1622
End North: 178658.8603 East .1316489.3998
Line Course: N 34-18-43 W Length: 102.30
North: 178743.3582 East: 1316431.7335
Line Course: N 51-07-45 E Length: 55.80
North: 178778.3764 East: 1316475.1773
Line Course: N 34-18-43 W Length' 44.64
North: 178815.2482 East: 1316450,0138
Line Course: N 55-41-17 E Length: 14.60
North: 178823.4782 East: 1316462.0731
Line Course: S 88-17-56 E Length: 119.01
North'178819.9453 East: 1316581.0306
Line Course: N 00-18-44 E Length: 116.18
North. 178936.1236 East: 1316581,6637
Line Course: N 88-18-49 W Length: 383 16
North: 178947.3995 East: 1316198,6697
Line Course: S 29-07-47 E Length: 149,43
North: 178816,8694 East: 1316271.4105
Line Course: S 01-42-04 W Length: 2,39
North: 178814.4805 East: 1316271.3396
Line Course: 5 01-42-04 W Length: 42.00
North: 178772.4990 East: 1316270.0928
Line Course: 541-11-39 E Length: 11.74
North: 178763.6649 East: 1316277.8249
Curve Length: 15,82 Radius' 25.00
Delta: 36-15-47 Tangent: 8.19
Chord: 15.56 Course: 5 59-19-32 E
Course In: N 48-48-21 E Course Out: S 12-32-34 W
RP North: 178780.1302 East: 1316296.6369
End North: 178755.7268 East: 1316291.2077
Line Course: 5 77-27-26 E Length: 24.82
North: 178750.3367 East: 1316315.4354
Curve Length: 89.58 Radius: 90.00
Delta' 57-01-52 Tangent: 48.90
Chord: 85.93 Course: S 48-56-30 E
Course In: S 12-32-34 W Course Out: N 69-34-26 E
RP North: 178662.4846 East: 1316295.8902
End North: 178693.8945 East: 1316380.2313
Perimeter: 1310.43 Area: 63,764 sq,fI, 1.46 acres
Page 9
•
LOT CLOSURES,txt
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0057 Course: N 58-45-23 W
Error North: 0.00293 East: -0,00484
Precision 1: 229,896.49
Parcel name: TRACT 'B'
North: 178623.2304 East: 1316579.9685
Line Course: N 88-17-56 W Length: 17543
North: 178628.4382 East: 1316404.6158
Line Course: N 20-25-34 W Length: 39.23
North: 178665.2015 East: 1316390.9245
Line Course: S 50-12-51 E Length: 2062
North: 178652.0063 East: 1316406.7698
Curve Length: 11.30 Radius: 17 00
Delta: 38-05-05 Tangent: 5.87
Chord: 11.09 Course: S69-15-23 E
Course In: N 39-47-09 E Course Out: S 01-42-04 W
RP North: 178665.0699 East: 1316417.6484
End North: 178648.0773 East: 1316417.1438
Line Course: S 88-17-56 E Length: 48.62
North: 178646.6340 East: 1316465.7424
Curve Length: 6.22 Radius: 17.00
Delta: 20-57-17 Tangent: 3.14
Chord: 6.18 Course: N 81-13-26 E
Course In: N 01-42-04 E Course Out: S 19-15-13 E
RP North: 178663.6265 East: 1316466.2470
End North: 178647.5774 East: 1316471.8528
Line Course: N 70-44-47 E Length: 8.39
North: 178650.3440 East: 1316479.7735
Curve Length: 13.18 Radius: 17.00
Delta: 44-25-34 Tangent: 6.94
Chord: 12.85 Course: N 48-32-00 E
Course In: N 19-15-13 W Course Out: S 63-40-47 E
RP North: 178666.3931 East: 1316474.1677
End North: 178658.8555 East: 1316489.4053
Line Course: N 34-18-43 W Length: 102.30
North: 178743.3534 East: 1316431.7390
Line Course: N 51-07-45 E Length: 55.80
North: 178778.3716 East: 1316475.1828
Line Course: N 34-18-43 W Length. 44.64
North: 178815.2434 East: 1316450.0193
Line Course: N 55-41-17 E Length: 14.60
Page 10
•
• •
LOT CLOSURES.txt
North: 178823.4734 East: 1316462.0786
Line Course: S 88-17-56 E Length: 119.01
North: 178819.9405 East: 1316581.0362
Line Course: S 00-18-44 W Length: 196.71
North: 178623.2334 East: 1316579.9643
Perimeter: 856.07 Area: 24,856 sqJt. 0.57 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0,0052 Course: N 54-17-08 W
Error North: 0.00301 East: -0.00419
Precision 1: 164,625.00
Page 11
---_._-._------
• •
BYLAWS
OF
EMMA'S PLAT
HOMEOWNERS ASSOCIA nON
ARTICLE 1
NAME, MEMBFRSIIIP, DEFINITIONS
DEVELOPMENT PLANNING
CWY OF RENTON
NOV D 2 200\
RECEIVED
1.1 NAME. rhe name oflhe Association shall he Emma's Pial Homl'owners
Association ("Association").
1.2 MEMBERSHIP, The A,>socialion shall ba\'e one (I) cla~s of membership,
a, 18 more fully set forth in that Declaration of Covenants, Conditions, Easements and
Restrictions for Emma's PIa! as amended from time to time ("Declaration'), the terms ofv,'hich
pertaining to membership arc specifically incorporaled by reference herem.
I.] DEFI!>,'ITIONS. The words used in these Bylaw~ ~hall have [he Same
meaning as set forth in the iJeclaratioll, unless the context shall prohibit.
ARTICLE 2
ASSOCIATION: MEETINGS, QIJORUM, VOTING. PROXIES
2.1 TIME A:-.JO PLACE OF MEETINGS. A meeting of the Association shall
takc place at least once eaeh year. Mectings shall be held at the principal ortice of tbe
Association or at such other suitable place and timc convenient to the members as may bc
design<lted by the Board of Directors. Notice of any required annual or special meeting shall bc
provided as set forth in SectlOn 2.3 below
2.2 SPECIAL MEETINGS. The President may call special meetings. In
additio~. it shall be the duty of the President to call a special meeting of the Association if so
directed by resollllion of the Board of Directors or upon a petition signed by at lea~t ten percent
(10%) of the Owners. The notice of any special meeting shall state the date. time, and place of
sueh meeting <lnd the purpo~e thercof. No busines~ shall be tranS<lLled at a speei<l1 meeting.
except as stated in the notice.
Bylaws Page 1
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2.3 NOTICE OF MEETINUS. The Secretary shall mail or to cause to be
delivered to the Owner of each Lot (as shown in the records of the Association) a notice of each
annual or special meeting oftha Association slaling the time and place where it is to be held and
the purpose thereof. If an O,,'ner wishes notice to be given at an address other than the Lot, the
Owner shall designate by notice in writing to the Secretary such other address. The mailing or
delivery of a notice of meeting in the manner provided in this Section ~hal1 be considered service
or fiulice. Notices shall be served not less than fourteen (14) nor more than sixty (60) days
hefore a meeting.
2.4 WAIVER OF NOTICE. Waiver of notice of a meeting of the members
shall be deemed lhe equivalent of proper notice. Any member may. in "'Titing. waive notice of
any meeting of the members, either before or after such meeting. Attendance at a meeting hy a
member, whether in person or by proxy, shall be deemed waiver by such member of notice of the
time, date, and place thereof, unless ,;ueh member specifically objects to lack of proper notice at
the time the meeting is called to order.
15 ADJOURNMENT OF MEETINGS. If any meding~ of the Association
cannot be held because a quorum i~ not present, a majority of the members who arc prcselll at
,uch meeting, either III person or by proxy, may adjourn the meeting to a time not less than five
(5) nor more than thirty (30) days from the time the origlllal meeting was called. At sueh
adjourned meeting at which a quorum IS present, any husiness which might have been transacted
at the m~eling originally called may be transacted without further notice.
2.6 VOTING. Th~ voting right, of the members shall be as set forth in the
Artide~ of Incorporation and the Declaration, and such voting righL< are ~pecifically incorporated
herein.
2.7 PROXIES. AI all meetings of members, each member may vote in person
or by proxy. All pr(lxies shall be in writing, dated, and filed with the Secretary before the
appointed time of each meeting. Every proxy shall be revocable and ,hull automatically ceasc
upon conveyance by the member of such member's IA)I, or upon receipt of notice by the Secretary
of the death or judicially dcclarcd incompetence of a member, or of>.vritten re\Ocation. or "pon
the expiration of eleven (11) months from the date of the proxy.
2.8 QUORUM. The presence, in pcrson or by proxy, of thirty-four per~ent
(34%) of the Owncrs shall constitute a quorum at meetings of the Association. rhe members
present at a dul} called meeting at which a quorum is present may continue to do hu~ine~~ until
adjournmcnt, notwithstanding the withdrawal of members leaving less than a quorum.
Bylaws Page 2
• •
ARTICLE 3
BOARD OF DIRECTORS: NUMBER, PO\VERS, MEETINGS
3.1 GOVERNING BODY; COMPOSITION, The affairs of the Association
shall be governed by a Iloard of Directors. Except as provided in Section 3.2 Oflhi~ Article, the
directors must reside in Emma's Plat and must be members of the Association.
3.2 DIRECTORS APPOINTED BY DECLARANT. Declarant shall have the
right to appoint or remove any member or members of the Board of Dircc1ms Or any oflicer Of
"nicers of the A~sociation until termination of the Development Period. Each Owner, by
acceptance of a deed to or olher conveyance of a i.()l, veMs in Dec1amnl sl1~h authonty 10 appoint
and remove directors and officers of the Association. The directors selecled by the Declarant
need not be Owners or residents in Emma's Plat.
33 NUMBER OF DlRECTORS_ The Board ~hall initially cun8i:.t uf une (1)
member. Upon termination of the Oevelopment Period, the Board shall consist of three (3)
members. elected by the Owners as provided in Section 3.5 of this Article 3; provided, however,
thm the number 01· directors may be increm>ed or decreased by an amendment to these Byluw8.
3.4 NOMINATION OF DIRECTORS. Elected directors shall be nominated
from the 110m and may also be nominated by a nominating committee, if snch a committee is
established by the Board. All candidates shall have a reasonable opportunity to communicate
their qualillcaliom; 10 the members and \0 solicit votes.
3.5 ELECTION AND TERM OF OFFICE. Owner-elected dIrectors shall bc
elected and hold office as follows:
(a) After the Declarant's right to appoint directors and offieer~
tenninates. the Association shall call a special meeting to be held at which
Owners shall elecl thTee (3) directors.
(b) At ailluaimeetings of the membership thereafter, directors
shall be elecled_ All eligible members of the Association shall vote on all
directors to be clected, and the eandidate(s} receiving the most yotes shall be
elected.
Bylaws Page 3
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Initially, the term of one (I) director shall be fixed at one (1) year, the term of two (2)
directors shall be fixed at two (2l years, and each candidate shall declare for which seat he or she
is running. Al the expiration of the initial term of office of each r~,pective Owner-dected
member of the Board of Directurs, a suCceSSOr shall he elected to serve for a term of two (2)
years. The members of the Board of Directors shall hold office umiltheir respective successors
shall have been elected by the Association.
3.6 REMOVAL or DIRECTORS. At any regular or special meeting uflhe
Association duly called, anyone (1) or more of the mernb~n; or the Boaru of Directors may he
removed. "ilh Or without cause, by a majority oflhe Total Association Vote and a successor may
then and there be elected to fill the vacancy thus created. A director whose removal h,,-, been
prop08ed by the Owners shall he givcn at least ten (10) days' notiec of the calling of the mceting
and the purpose thereof and shall be given an opportunity to be heard at the meeting.
Additionally, any director who has three (3) consecutive unexcu~ed ab~ences from Hoard
meetings or who is delinquent in the payment of an li'>Se8sment for more than thirty (30) days
may be removed by a majorit} vote of the remaining directors at a meeting. '1 his Section shall
not apply lo directors appointed by Declarant.
3.7 VACANCIES. Vacancies in the Hoard of Directors caused by any reason,
~xcluding the removal of a director by vote of the Association, shall be filled by a vote of the
majority of the remaining directors, even though leS8 than a quorum, at any meeting of the Hoard
of Directors. Euch Director >;0 ~elceted shall serve the unexpired portion of the tenn.
3.8 ORGANIZATION MEETINGS. The first meeting of the Board of
Directors following eaeh annual meeting of the membership shall be held within ten (10) days
thereafter at such time and place as shall be fixed by the Board.
3.9 REGULAR MEETI:-.JGS. Reb'Ular meetings of the Board of D,rector8 may
be held at such time and place as shall be ddennined IT-om time to time hy a majority of the
director:«, but atlea~l fOllr (4) slleh meetings shall be held during each fiscal year with at least One
(I) per qumer. Notice of the regular ~chedul~ shall con~til11te sufficient notice of such meetings.
3.10 SPECIAl, MEETJl\TGS. Special meetings of the Board of Directors shall
be held when requested by the President. Vice President or by any two (2) director8. The notice
shall specify the time and place of the meeting and the nature of any "pecial business to be
considered. The notice shall be gi~en to each director by one of the following methods: (aJ by
personal deli,ery; (b) written notice by first-class mail. postage prepaid; (e) by tel~phone
communication. cither directly to the director or to a Pernon at the director's home or office who
would reasonably be expected to communicate ,uch notice promptly to the director: (d) by
facsimIle to the director' ~ home Or office; or (e) by commercia! delivery service to the director'.,
home or office. All such notices shall be given or sent to the director·s addre~s or telephone
number a, sbown on the record, of the Association. Notices sent by first-class mail shall be
Bylaws Page 4
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deposited into a United States mailbox at least four (4) days before the time set for the meeting.
Notices given by personal delivery, telephone, or facsimile shall be given at least forly-eight (48)
hours before the time set for the meeting.
3.1 I WAIVER OF NOTICE The lran~actjons of any meeting of the Board of
Directors. however called and noticed or wherever held, shall be as valid as though taken at a
meeting duly held after regular call and notice, if (a) a quorum i~ pre~ent, and (b) either before or
alter the meeting, each of the directors not present signs a written waiver of notice, a consent to
holding the meeting. or an appro~al of the minutes. The waiver of notice or consent need not
specify the purpose of the meeting. Notice of a meeting shall also be deemeu given to any
director who allenus the meeting without protesting before or at its commencement about the
lack of adequate notice.
3.12 QUORUM OF BOARD OF DIRECTORS. At all meetings of the Board of
Directors, a majority of the directors shall constitute a quorum for the transaction of business.
and the votes of a majority of the directors present at a meeting at which a quorum is present
~hall constitute the decision of the Board of Directors.
3.13 COMPENSATION. No director shall receive any compen~ation from the
A%ociation for acting as such.
3.14 OPEN MEETINGS. Except as otheT\'iise pennitted by law, all meetings or
the Board shall be open for observation to all members and their authorized agcnts. The Board
~hall keep minutes of all actions lllken by the Board, which shall be available to all members.
3.15 EXECUTIVE SESSIO~. Upon affinnative vote in open mceting to
assemble in do,ed ~e,~i()n. the Fluard may convene in closed executive session to consider
personnel matters: consult with legal counsel or consider communications 'WIth legal counseL
and discuss likely or pending litigation, mallers involving possible violations of the governing
doeuments of the A,sociation, and malters involving the po!;sibility liability of an Owner to the
As,ociation. The motion shall state specifically the purpose for the dosed session. Reference to
the motion and the stated purpose for the closed session shall be included in the minute.'.. The
Board ~hall restrict the cOll5ideration of matters during the closed portions of the meeting only to
those purpo~e-" ~peeilically exempted and stated in the motion. No motion, or other action
adopted. passed. or agrced to in dosed session may becomc effective unlcss the Board, following
the clo~ed session. reconvenes an opening meeting and votes ill the open meeting on such
motion. or other action which is reasonably identi!led. The requirements of thl' ~ubscetion ~hall
not require the disclosure of information in violation of law or which is otherwise exempt from
disclosure.
Bylaws Page 5
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3.16 ACTION WITHOUT A FORMAL MEETING. Any action to be taken al
a meeting of the directors or any action that may be taken at il meeting of the directors may be
taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed
by all of the dire~lOT'>.
3.17 TELEPHONIC PARTICIPATlO:-J. One (1) or more directors may
participate in and vote during any regular or special meeting of the Board hy jel~phone
conference call or similar communication equipment, and thuse directors so participating shall he
deemed present at such meeting. Any such meeting at which a quorum participates shall
constitute a meeting olthe Board.
3.1 R POWERS, The Board of Directors shall be responsible for the artairs ol
the Association and shall have all (lUbe pO"'ien. and duties necessary for the administration of the
Association's affairs and, as provided hy law, may do all act5 and things as are not by the
Declaration, Articles, or these Bylaws directed to be done and exercised exelu~ively by the
members. In addition to th~ du!ie~ impo~ed hy these Bylaws or by any resolution of the
A8~ociation that may hereafter be adopted. the Board of Directors ,hall have lh~ p("'~r to and
shall be rcsponsihle for th~ following, in way of explanation, but not limitation:
Bylaws
(a) preparation and adoption of an annual budgct in which
therc shall be established the contribution 01' each Owner lo the conunon
expenses;
(b) making assessments to defray the common expenscs and
cstablishing the mean, and method~ or collecting ~uch assessments;
(c) providing for the operation, care, upkcep, and maintenance
of all areas which are the maintenance re<,ponsibility of the Association;
(d) <k~ignating. hiring. and dismissing the personnel ncccssary
lur the operation of the Association and, whcrc appropriate, providing lilr the
compen~ation of slleh personnd and I<,r the purchase of equipment, supplies, and
material to be llsed by sllch personnel in the perfonnancc of their duties;
(e) collecting the assessments, depo~iting the proceeds thereof
in a bank depository which it shall approve, and using the proceeds to administer
the Ass()ciation;
(1) making and amendmg rule8 and regulations:
(g) opemng of bank accounts on behalf of the Association and
designating the signatories required;
Page 6
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(h) enforcing by legal means the provisions oflhe Declaration,
these Bylaws, and the rules and regulations adopted by it, and bring any
proceedings which rna} be instituted on behalf of or against the OWner!,
concerning the Association;
(il obtaining and carrying insurance against casualties amI
liabilities, as provided in the Declaration, and paying the pr",mium cost thereof;
(j) keeping books with detailed aCCO\lll!S oflhe receipts and
expem.hlure, alre~ling the Association and its administration, and specifying the
maintenance and repair expcnse~ amI any other expen_.,e~ inculTed; and
(k) contracting wilh any person for the performance of various
duties and functions.
3.19 MAl\'AGEMENT AGENT. The Board of Directors may employ for the
A"ociation a professional management agent or agents at a compensation established by the
Doard of Directors to perform such duties ilnd service~ a;, the Board of Directors shall authorize.
TIle term of any management agreement shall not exceed one (I) year and shall be subjeClto
lermination by either party, without cause and without penalty, upon ninety (90) days' written
notice,
3.20 BORRO\VING. The Boan.! 01' Directors shall have the power to borrow
money without the approval of the members of the Association; provided, h(mever, the Board
shall obtain membership approval in the same mallller as for special assessments, in the event
that the proposed borrowing is for the purpose ,,[modifying, improving, or adding amenities, or
the total amount of such borrowing exceeds or would exceed Five Thousand Dollars ($5,000.00)
outstanding debt at anyone time,
3.21 fINING PROCEDURE. The Board shall not impose a fine (a late charge
shall not eonSlllute a fine) unless and until the following procedure is follows:
Bylaws
(a) Notice. Written notice shall be served upon the violator
specil"ying:
(il the nature oflhe violation and the fine imposed;
(ii) that the violator may, within ten (10) days from the
date of the notice, request a hearing regarding the fine imposed;
(iii) the name, address and telephone numbers of a person
to contact to challenge the fine:
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(iv) that any statements, evidence, and "vitnesses may be
procured h} the violator at the hearing; and
(v) that all rights to have the fine reconsidered are waived
if a hearing is nOI requested within ten (10) days oflhe date oflhe notice.
(b) Hearing. If a hearing is requested, it shall he held hefore
the Board in executive ses~illn, and the violator shall be given a reasonable
opportunity to he heard. The minules of the meeting shall contain a written
statement oflhe results of the heating.
ARTICLE 4
OFFICERS
4.\ OFFICERS. The officers of the Associalion 8hall be a President, Vice
President, Se~relary, and Trca-,urer. Any two (2) or more offices may be held by the ~ame
person, excepting the offices of Pre.~ident and Secrdary_ The President and Treasurer shall be
elected from among the members of the Board of Directors.
4.2 ELECTION, TERM OF OFFICE. AND VACANCIES. Except during the
p~riod in which the Declarant has the right to appoint the officers of the Association und~r
Article 3, Section 3.2 ofthesc Bylaws, the officers of the Association ~hall he elected annually b~
th~ Floard of Directors at the first meeting of the Board of Directors following each annllal
meeting of the members. A vacancy in any onice arising because of death, resignation, removal,
or otherwise may be filled by the Board of Directors for the unexpired portion of [he term.
4.3 REMOVAL. Any officer may be remmed by the Floard or Oirector~
whenever, in their judgment, the best interests of the Association will be served thereby.
4.4 PRESTOENT. The Pre5ident shall be the chief executive officer of the
Association and shall preside at all meetings of the Association and of the Board of Directors.
The President shall have all the general po"'ers and duties which are incident to the office of the
president of a corporation organized under the Washmglon Nnnprolit Corporation Act.
4.5 VICE PRESIDENT The Vice Pre~ident shall act in the President's
ab'ence and shall have all powers, duties, and responsibilities provided for the President when so
acting.
4.6 SECRETARY. The Secretary shall keep the minlllcs of all meetings of
the As.,,,ciat;oo and "fthe Board of Directors and shall have charge of such books and papers as
Bylaws Page 8
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the Board of Directors may direct and shall, in gene",], perform all duties incident to the office of
the secretary of a corporation organized in accordance with Washington law_
4.7 TREASURER. The Trea,urer shall ha~e the responsibility for the
Association's funds and securities and shall he responsible for keeping full and accurate financial
records and books of a~count ~hO\,ing all receipts and disbursements, for preparing all required
financial statements and tax returll5, and for the deposit of all monies and other valuable ",neels
m the name of the Association or the managing agent in such depositories as may from time to
time he designated by the Board or DirectoT8_
4.8 RESIGNATION. Any officer may resign at any time by giving written
nOlice to the Board of Directur~ Such resignation shall take effect on the date of the receipt of
such notice or at any later time specified therein, and unless otherwise speciJied therein, the
acceptance of such resignation shall not be necessary to make it effective.
ARTICLE 5
COMMrJTEES
Committees (0 perform such tasks and to serve ror such periods as may be designated by the
Board arc hereby authorized. Each committee shall be composed and shall operate in accordance
with the terms of the resolution of the Board of Directors designating the committee or with rules
adopted by the Board or Direeto"-,_
ARTICLE 6
MISCELLANEOUS
6.1 FISCAL YEAR. The fiscal year of the Association shall be the calendar
year unless otherwise determined by resolution of the Board.
6.2 PARLIAMENTARY RULES. Robert's Rules of Order (current edition)
shall govern the conduct or all A,>sociation proceedings. \~hen nut in conflict with Washington
law, the Articles of Incorporation, the Declaration, or these Bylaws.
6_3 CONFLICTS. Jf there are conJl,cls or ineonsi~tencies between (he
provisions of Washington law, the Articles of Incorporation, the Declaration, and these Bylaws,
the provisiol15 ofWashinb>1on law. the Declaration. the Articles ofincorporation and the Bylaws
(inlhat order) shall prevaiL
Bylaws Page 9
• •
6.4 AMENlJMENT. These Bylaws may be amended by the Board of
Direcl()r~ (a) 1 f su~h amendment i ~ necessary 10 bring an} provision hereof inlO compliance with
any applicable governmental statute. rule, or regulation or judicial determination which shall be
in conflict therewith; (b) if such amendment is necessary 10 enable any title insurance company to
issue title insurance coverage with respect 10 the Lots subject III the Declaration; (el ii' such
amendment is required hy an mstitutional or governmental lender or purChaSL'f or 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 the Lots subject to the Declaration; or (d) if such amendment is necessary to enable any
governmental agency or private insurance company to insure or guarantee Mortgage loans nn the
L()t~ ~uhjeet to the Declaration_ In addition, these Bylaws may bc amcnded upon the affirmative
vote Of written consent, or any combination thereof, of at least two-thirds (2/3) of the Owners.
CERTIFICATE OF ADOPTION
The undersigned, b~ing the Secretary or EMMA'S PLAT HOMEOWNERS
ASSOCIATIO>l, herehy eertilies that the foregoing is a truc and correct copy of the Uylaws
adopted by resolution of thc Uoard of Directofs of dle Association on this _ day of
______ 2004.
EMMA'S PLAT
HOMEOWNERS ASSOCIATION
By""==;-__ _ Its Secretary
Page 10
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ARTICLES OF INCORPORA nON
OF
EMMA'S PLAT
HOMEOWNERS ASSOCIATION
DEVELOPME CITY OF \fcfn-~%NING
NOVa 2 2004
RECEIVED
W II Hughes Homes, Inc., a Washington corporation. for the purpose of forming a
nonprofit COJporalion under Chapler 24.03 or the Revi~ed Code of Washington. adopts the
following Articles of Incorporation:
ARTICLE 1. NAME
The llilme of the corporation is Emma's Plat Homeowners Association.
ARTICLE 2. DURATION
The Association shall have perpetual duration.
ARTICLE 3. PURPOSES AND POWERS
3.1 The Association docs no/ contemplate pecuniary gain or profit, dired Or indired,
to its members. In way of explanation and not of limitation, the purposes for which the
A>sociation is formed are:
3.1.1 To be and constitute the Association to which reference is made in the
Declaration of Covenants, Conditions and Restrictions for Elruna's rIm (hereinafter the
"D"c1aration"), to be recorded in the Records of King County, Washinb>ton. to perform all
ohligations and duti~~ of the Assoeiatj()n, and to exerci~e all righb and power~ of llJ"
Association, as specified therein, in the Bylaws of the Association ('Bylaws'") as adopted by the
Board of Directors of tbe A~~ucialion, and <IS pro\'ided b} law: and
3.1.2 To provide an entll} fur the further<loce u(" th~ inl~r~,ls of the Owners in
the development.
3.2 [n fllrlheranee of its purposes, !he As>oeimion ,hall have the following powers,
which. unless indicated otherwise by the Declllflltion or Bylaws, may be exercised by the Board
"fDirectors:
Articles of ineorpoflltion Page I
• •
3.2.1 All of the powers conferred llpon nonprofit corporations by COmmOn law
and the 5I:atutes of the State of Washington in effect from time to time;
3.2.2 All nfthe powers necessary or desirable 10 pcrfonn the obligations and
duties and to exercise the rights and powers sel out in these Articles. the Bylaws, or the
Declaration, including, wlthout Iimilation. the fullowing:
(i) To adopt and amend budgels for revenue~, expenditures and
re8erves and impo~e and collect assessments or other charges to be le~ied on
members;
(ii) To manage, control, operatc, maintain, repair, and improve
property subjected to the Declaration or any other property for which the
As-;ociation by rule, regulation, declaration, or contract has a right or duly [0
provide such services;
(iIi) To enforce covenanb, conditions, or restrictions affecting any
property to the extent the Association may be authorized to do 50 under the
Declaration or Bylaws;
(i~) To engage in activities which will actively foster, promote,
and advance the common interests of all owners of property subject to the
Dedaralion;
(v) To buy or otherwise acquire, sell, or otherwise dispose of.
mortgage, or otherv.ise encumber, exchange, lease. hold, US", "perate. and
otherwise deal in and with real, personal, and mixed property of all kinds and any
right or interest therein for any purpose of the Association;
(vi) To borrow money for any purpose;
(vii) 1'0 enter into, make. perfonn, or enforce contracts of every
kind and descriplion. and to do all olber ael, nece~~ury. appropriate. or ad, i~able
in carrying out any purpose of the Association. with or in association with any
other association, corporation, or other entity or agency, public or private; and
(viii) To adopt, alter. and amend or repeal such Bylaws as may be
nece>8ary or desirable ror the proper management orthe affairs of the
Association; provided, howcver, such Bylaws may not be inconsistent with or
contrary to any provisioll5 of the Declaration.
3.3 The foregoing enumeration of powers shall not limit or restrict in any manner thc
exerci~e or olher and fnrther righj~ and power, which rna} now or hereafter be allowed or
pennitted by law; and the powers specified in each of the paragraphs of this Artiele 3 are
Articles of IncorporatioD Page 2
• •
independent po"ers. n()llu be restricted by rerer"",~e to or inference from the terms "I' any other
paragraph or provisions of this Article 3.
ARTlCLE4. MEMBERSHIP
The Association ~hall be a membership corporation without certificates of shares of stock. Each
Owner of a Lot (as such capitalized terms are defmed in the Declaration) subject to the
Declaration is a member and shall be entitled 10 vote as set forth herein and in the Decl;rra\i0n
and (he Bylaws_ Membership in the As~ociation shall consist exclusively of Lot OWllers.
ARTICLE 5. BOARD OF DIRECTORS
The business and affairs of the Association ,hall be conducted, man<lgeu, am} controlled by a
Board ol'Diredor~_ The Board shall initially consist of one (I) director. The name and address of
the initial member of dIe Board of Directors is 35 follows:
Rill Hughes
J 5220 C~dar Grow Rd.
Issaquah, WA 98027
The Illimber of directors may be increased or decreased from time to time h} amendment to or in
the m<lnner provided li)r in the Bylaws. The method of election, term of office, removal and
fIlling ofvaeaneies shall be as set forth in the Bylaws. The Board may delegate its powers to
operate the ASMlciation to such companies, individuals, or eommittces as it in its discretion. may
dctenninc.
ARTICLE 6. LIABILITY OF DIRECTORS
1"0 the full cxtent that the Washinb>1on Nonprofit Corporation Act permits the elimination or
limitation of liability of directors, a director of the Association shall nut be liable tu the
Association or its memben. Ibr monetary damages for conduct as a director; provided that the
liability of a director shall not be elimill3.tcd or limited for acts or omissions that involve
intentionaJ. misconduct or a kn(ming violation of law, for approval "j" di~tribldi"ns or loam
contrary to law, or for any transaction from which thc director has pcrsonally received or will
personally receive a bendit in muney, P[()P~rty, or ,ervic~~ tll which the director i~ not legally
entitled.
ARTICLE 7. DISSOLUTION
The Association m<ly be di~solved only upon a resolluion duly adopted by the Board ofDircetors
and the affinnativc vote of members who arc Owners of not less than two-thirds (2/3) of the Lots
(other than the Declarant) and the con.,ent of the Declarant so long as the Declarant o'~ns any
properly subjed to the Declaration. Upon dissolution of the Association, so long as the United
States Veterans Administration ("VA'") i~ guaranteeing and/or the llnited State~ acting through
th~ Department oj' Housing and Urban Development ("HUD") is insuring any mortgage in the
Development, and unless otherwise agree<l in "'riting by HUD or VA, a, applicable. any
Articles of Incorporation Page 3
• •
remaining real property assets of the Association shall be dedicated to an appropriate public
agency to be used for purposes similar 10 those for which this Association was created. In the
event that such dedicatiun is refused acceptance, such a~sel~ shall be grunted, conveyed and
assigned to any nonprofit ClllpOnltion, association, trust or other organization to be devoted to
such similar purposes. 1\'0 ~",ch re5tricli()~ shall exist if VA is not guaranteeing and HUD is not
insuring any mortgage in the Development: provided, however, HUD and/or VA shall be
notified of such dissolution.
ARTICLE 8_ MERGER AND CONSOLIDATION
The Association may merge Of consolidate only upon a resolution duly adopted by the board of
directors and the affirmative vote of members who are OV>1lers of not less than two-thirds (2/3)
of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant
OV,11S any propert} subj~ct to th~ Dedaration.
ARTICLE 9. AMENDMENTS
These Articles may be amended only upon a resolution duly adopted by the Board of Directors
and tbe affirmative vote of at least two-tbird~ (2/3) oftbe total cligible votes oftbe members.
ARTICLE 10. INCORPORATOR
The name and address of the sole incorporator is W II Hugbe~ Horn~s. Inc .. 15220 Cedar Gmvc
Rd .. Issaquah. WA 98027.
ARTICLE II. REGISTERED AGENT AND OFFICE
Thc initial registered agcnt and office of the Association i~ W H Hugbes Homes. Inc., a
Washington corporation, located at 15220 Cedar Gmve Rd. Issaquah, W A 9~()27.
The undersigned duly-auth"ri~.ed officer of the incorporator has signed these Articles of
Incorporation at Issaquah, Washington, on this _day of 2004.
W H HUGHES HOMES, INC., a Wa~hington corporation
By"';::;;:::;-_______ _
Bill Hughes
Own~r
Articles of Incorporation Page 4
• • •
CONSE""I TO SERVE AS REGISTERED AGENT
W H Hughes Homes Inc., a Washington corporation, hereby consents to ~erve as Regi~lered
Agent. in the State ofWa~hingt()n, lur Emma's Plat Homeo\\ller:s ASMlc;ation.ll is understood
that a, agent !'lr the Association, W H Hughes Homes, Inc., will have the responsibility to
receive service of process in the name oflhe Association; to forward all mail to the Association;
and to immediatel} noli f y the oHice (lfthe Secretary of State in the event of its resignation, or of
any changes in the registered office address oflhe Association for \vhich it is agent.
Date
Articles of Incorporation
W H Hughes Homes, Inc .. a Washington corporation
lly·~",~cccc=cc--------Bill Hughes. Owner
Address: 15220 Cedar Grove Rd.
Issaquah, W;u;hinb>ton 98027
Page 5
•
9/13/04
•
DECLARATION
OF
COVENANTS, CONDITIONS,
ANI) RESTRICTJONS
FOR
THE PLAT OF
EMMA'S PLAT
Di:V~\g~MENT PlANNING
0FRENTON
NOV 0 2 200\
RECEIVED
• •
DECLARATION OF COVENANTS, CONDITIONS.
AND RESTRICTIONS
FOR THE PLAT OF EMMA'S PLAT
THIS DECLARA nON i5 made on this day of _____ , 2004 hy WH
Hughes Homes a Washington corporation CDcclaranf').
RECITALS
A. Declarant is the owner of that certain real property located in th~ CIty of
Renton. Couaty of King, Washington, and more particularly described in Article 2 of this
Declaration.
._-._----
B. Declarant desires to subject the real property described in Article 2 hereof l()
the provisioas of this Declaration to create a residential community of single-family housing
(as "single family" is defined below) and related u~es "" set fllrlh in Section 6.2 hereof.
NOW, THEREFORE, D~clarant hereby declares that the real property described in
Article 2 of this Declarati()n, inc1m.iJng the improv~ments constructed or to be constructed
thereon, is hereby subjected to the provi~ions of this Declamtion and shull be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otheJ'\-vise encumbered subject to the
covenants. conditions, re"lrietion~, ea~~menl8, asse,sments, and liens. hereinafter set forth,
which are for the purl'()S~ of protecting the value and desirability of, and which shall run with
the tille lo. th~ real property hereby or hereafter made subject hereto, and shall be binding on
all p~fSOns having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs. legal representatives. succes,ors,
suecessors-in-title, and assigns and shall inure to the benefit of each and every o"ner of all or
any portion [hereo!:
ARTICLE I
DE.FlNITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit). shall have the following
meamngs:
1.1. 1 "As~ociation" ~hall mean Emma's Plat iIomeowners Association, a
Washinb>ton nonprofit corporation, ils successors and assigns.
1.1.2 '"Soan! of Director.;" or "Board" of tile Association shall be the
appointed or elected body, "s applicable, having its normal meaning under Washington law.
9113/04 ,
• •
1.1.3 "Bylaws" ~hall refer to the Bylaws of the Emma's Plat Homco\>,ncrs
Association.
1.1.4 "Common Areas" shall mean any and all real and personal property and
casements and other interests therein, together with the facliities and improvements located
thereon as designated on the final plat of the Community Of as otherwise conveyed to the
Association for the common usc and enjoyment of the Owner.;.
1.1.5 "Communily" shall mea[] and refer to that certain real property and
interest lherein de~cribed In Article 2, ,md such additions thereto as may be made by Declarant
by Supplementary Declaration.
1,1.6 ''Community-Wide Standard" shall mean the standard of conduct,
maintenance, or olhL'T activity generally prevailing in the Communil}. Such slandard may be
mOT<: 8p~cdkally <.klermined by the Board of Directors of the Association. Such
dctermination, however, shall gencrally be madc with rcferenee to the standards originally
established by the Declarant.
1.1 7 "Declarant" ~hal1 mean and refer to \V1l Hughes Homes and its
successors-in-title and assigns, pro,'ided any such successor-in-title or assign shall acquire for
the purpose of development or sale all or any portion of the rcmaining undevcloped or unsold
portions of the real property described in Article 2, and provided further. in the instrument of
conveyance to any such successor-in-title or assign. such successor-in-title or assign is
designated as the "Dcclarant" hereunder by the grantor of such conveyance, which grantor
shall bc the "Declarant" hereunder at the time of such conveyance; provided, further. upon
such de~ignation of ~uch successor Declarant, all right, ofth~ rorm~r Declarant in and to
such status as "Declarant" hereunder shall cease, it being understood that as to all orth~
property described in Article 2 which is now subjected to this DeciaratlOn, there shall be only
one "Declarant" hereunder at anyone point in time.
1.1.8 "Dev~h)pment P~ri()d" shall mean that period of time beginning on the
date this Declaration is recorded in the re~ord~ of King County and ~nding: 0" the earliest to
occur of (il liv~ (5) }ear:« Ii-om the date of recording ofthi8 Declaration; or (ii) the date
Declarant hold8 a special meeting orthe A8~ociation, in accordance ,vith tlle Bylaws, for the
pllTpose of transitioning the management of the Association from the Declarant to the Ov,ners,
or (iiil the date 120 days after Declarant has conveyed 75% of the lots within the plat.
1.1.9 "Governing Documents" shall mean and refcr to this Declaration, the
Articles onn~orporation (ir any) and Bylaws orthe A~soc;ati()n, and rule8 and regulati()n~ (ir
any) of the Community adopted by the Board, as any of the foregoing may be amended \fom
time to time.
1.1.10 "Lot" shall mean any plot of land within the Community, whether or
not improvemcnts are constructed tllereon, which constitutes or will constitute, after the
construction of improvcmcnts. a residential dwelling ~ite a\ shown on a plat recorded in the
records of King COlmty.
9/13104
• •
L 1.11 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encwnbering real property in the Community as
security for the payment or satisfaction of an ohligation.
J .1.12 "Mortgagee" shall mean the holder of a Mortgage.
1.1 13 "Occupant" shall mean any Person occupying all or any portion ofa
residence Or other property located "ithin the Community for any period of time, regardless of
whether such Person is a tenant or the Owner of such property.
1.1.14 "O\\'I1er" shall mean and refer to the record o\>,ncr. whether one or more
Persons, of the fee simple title to any Lot located within the Corrummity, excluding, however.
any P~'fson holdillg such intcrest merely as security for the payment or satisfaction of an
ohliga(ion.
1,1,15 -'Person" means any natural person, as wdlas a corporation, joint
venture. partnership (general or limited), association, trust, or other legal entity.
I, 1,16 "Single Family" shall mean a single housekeeping unit, without regard
to the eonstruelion type or ownership of such unit, that include, not more than four (4) adults
"ho are legally unrelated.
1,1,17 "Supplementary Declaration" means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
e"pres~l y or b) rererence, addllional or modi fie<.! restrictions and oh1igation~ on the land
described therein.
1.1 18 "Total Assoeiation Vote" means all "rthe v"te~ allrihutable 10
members Mthe ASS<Jci"tion (including vote, of De dar ant)
ARTICLE 1
PROPERTY SUBJECT TO THIS DECLARATION
rhc real property which is. by the recording of this Declaration, subject to the
covenants and restrictions hereaftcr set forth and which, by virtuc of the rceording of this
Declaration, shall be held, transfcrred. sold, conveyed, uscd, occupied, and mortgaged or
otherwise encumbered subject 10 this Declaration is the real property described as:
LOTS 1 THROliGH 10, INCLUSIVE, AND TRACT A m' EMMA'S PLAT,
ACCORDI],;G TO THE PLAT THEREOf<' RECORDED IN VOLUME 207 01<'
P],ATS AT PAGES_ AND _RECORDS OF KlJ';G COUKfY, WASHINGTON
RECORDED WIDER RECORDING NUMBER _____ _
SITUATE IN THE COUNTY OF KING, STATE OF W ASHINGTOJli
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Common Areas: Tract A is a Stoml Detention Tract that is owned and maintained by the
Association.
ARTICLE 3
EMMA'S PLAT HOMEOWNERS ASSOCIATION
3.1 Description of Association. The A~~ociation may, at the de~tion of the
Declarant or the A~socialion, be incorporated as a nOll-profit corporation organized and
existing under the law~ of the Stale ofWashiob<ton. The Association shall be charged with the
duties and vested with the powers prescribed by law and set forth ill the Govcming
Documents: provided. however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or othen."ise mterpreted so aR to he inconsistent
with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoinl or r~move any
member or members of the Board of Director:<; or any ollicer (lr (lllic~r:<; (l r the Association
until termination of the Development Period, Each Ov.ner. by acceptance ofa deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
and officers of the Association during the Development Period, '1he directors selected by the
Declamnt need not be Owners, The number of directors shall he as ~t forth in the B~lav.s_
Following termination of the Developmenl Period. the Board ofDireclors shall be elected by
the Owners in accordance with the Bylaws,
3.3 Membership, Every Owner ofa fee mterest 10 any Lot that is subject to thi~
Declaration shall be deemed to have a membership in the Association and membership in the
Association shall consist exclusively of such owners. 'lbe foregoing is not intended to include
Persons who hold an interest merely as security for the perlilrmanee of an obligation, and the
giving of a security interest shall not terminate the Owner'~ membershlp_ No Owner, whether
one or mOre Person'>, shall have more than one (1) membenship per r.ol Membership shall be
appurtenant to and may not be separated from owner.,>hip of any 1~()L Th~ rights and prh'ileges
of memhen;hip, inclllding the right to vote and to hold offiee, maybe exercised by a member or
the member's spouse, but in no event shall more than one (I) vote be cast nor office held for
~ach Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When
more than one (1) Person h()ld~ an owner~hip interest in any Lot, the "ote for such Lot shall be
exercised <I'S those Owner~ them,>elve8 determine and advise the Secretary prior to any
meeting, In the absence of such advice, the Lot's vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architcctural ('ontrol Committee. No construction, alteration, addition,
refurbishing, or erection of any structure of any nature whatwever 8hall be commenced or
placed upon an} part orthe Community. except thJI which is installed by the Declarant, or is
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approved in accordance with this Section, or as is otherwise expressly permitted herein Any
such construction, alteration, addition, refurbishing, or erection shall nol be made unless;md
until plans and specifications showing the nature, kind, ~hape, size and height, architectural
design and detail, materials, workman~hip, color~, location on site, improvement and site
grade elevations, and slte landscaping shall have been submitted in writing to and approved by
the Architeclural Control Cummittee (the "ACC") established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACe to perfonn its review. Written design guidelines and procedures (""Design
Guidelines") may be established by the Board for the exercise Oflhis reyi~w, which Design
Guidelines may provide for a revi~w fee. Copies of the Design Guidelines shall be available
to all O\'mer:s upon r~quest for a reasonable fee.
3.5.1 The ACC shall eOll5ist of not less than one (i) nor more than three (3)
members, who need not be Owners. So long as the Declarant owns any property lor
development and/or sale in the Community, the Declarant ~hall have the righllo appoint or
remove any or all members of the ACe. Upon the expiration or earlier surrender in writing of
such right. the Board shall appoint the members of the Ace. The Declarant has named Rill
Hughes, whose address i, 15220 Cedar Grove Rd. Issaquah, W A 98027 as the sole member of
the ACC.
3.5.2 Member~ of the ACC shall not be entitled to compensation for services
performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold
each member, orthe ACC hamlless for any liability incurred while serving as a member of
the ACe.
3.5.3 The ACC shall be the sole arbiter ol'plam ,>ubmitled to it and may
withhold approval for any reason, including aesthelic considerations, and it ,hall be entitled 1<>
stop any constmction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED POR
ENGINEERING OR STRUCTURAL DESIGN OR QUALII Y OF MATERIALS, AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF, NOR THE ASSOCIATlO>l ASSUMES LlABlT.lTY OR
RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCII PLANS ANn SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIA nON, TilE ACC, TIlE fiOARD, NOR 'I HE OfPICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OP THEM SIIALLBE
LlABl.E TN DAMAGES TO ANYONE SlIBMITTING PLANS AND SPECTFTCA nONS
TO A},'Y OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY
AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE TN .IlJDGMENT,
l'>EGLIGENCE, OR NONFEASANCEARISTh'G OUT OF OR IN CONNECTION WITH
THE APPROVAl, OR mSAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE
ANY SUCII PLANS OR SPECIPICATiONS. EVERY PERSON WHO SU13MITS PLANS
OR SPECIFICATIONS AND EVERY OWNER AGREES mAT SUCH PERSON OR
OWNER WILL KOT BRING ANY ACTION OR SUIT AGAINST DECLARANT THE
ASSOCIATION, TIlE ACe, rHE BOARD, OR THE OFFICERS, DIRECTORS,
4,.'t3104
• •
MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY
DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS
NOTTO SUE FOR AIL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING
OUT OF OR IN COl\'NECTlON WIm ANY JUDGMENT, NEGLIGENCE, OR
NONfEASANCE AND HEREBY \VAlVES THh PROVISIONS OF ANY LAW WHICH
PROVIDES 'J HAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS,
DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS
GIVEN.
3.6 B,'laws, Rules and Regulations. The Board on behalf oflhe A~sociajion shall
have the power to adopt, modify, and amend bylaw,;, rules and regulations governing the
Community, provided thul sllch b}la",.", rules and regubtions shall not be incon5i5tent with
this Declaration and shall apply uniformly to all O"'ners, except as specifically provided
herein. The Board shall have the power to enforce the rules and regulations on behalf of the
Association and may prescribe penalties or fines for their violation. Any such bylaws, rules
and regulations shall occome effective thirty (30) days after promulgation and shall be mailed
to all Owners prior to their effective date. A copy of the bylaws, rules and regulatioll5 then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the
Hoard may adopt [he initial hylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used for
the general purposes of promoting the recreation, health. safcty. \\iclfare, common benefit,
and enjoyment of the Owners and occupants of Lots, including thc maintenance of rcal and
personal property, all as may be more specifically authorized from time to time by thc Board
orDireclors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owncr of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to thc Association: (i) annual asscssments or charges,
(ii) special asse~>ment <;. such assessments to he established and collected as hereinafter
prmided; and (ii i) speci lie asse~sments e~tub1ished pur.,uant [0 [he terms "r lhi., Declaration,
including. but not limited to, reasonable fines imposed in accordance with the terms of·lhi,
Declaration.
4.2.1 All such as5essments, together "ilh (i) lale charges, (ii) inlerest set by
the Board. not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation. reasonable attorneys'
fees actually incurred. shall be a charge on the land and shall be a continuing lien upon the Lot
against which each assessment is made.
4.2.2 Each such assessment, togethcr with late charges, interest, costs,
including. withollt limitation. rcasonable attorneys' fees actually incurred. shall also be the
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• •
personal obligation of the person who was the Owner of such Lot at the lime the as~~ssmenl
fell due. Each Owner shall be personally liable for the portion of each assessment mming <.hre
while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liabl~
for such portion thereof as may be due and payable at the lime of conveyance; provided,
howe"cr, the liabliity of 11 grantee for (he unpaid assessments of its grantor shall not apply to
any first Mortgagee taking title through foreclosure proceedings or deed in lieu offorcclosUfc.
4.2.3 The Association shall, within five (5) days after receiving a vvrittcn
request therefor and for a reasonable charge, furnish 11 certificate signed by an officer urIbe
A~s()ciation ~elling forth whether the asse,sment~ un a spedfied Lot have been paid. Such
certificate 5hall be binding up<.m the Association as of the date ofissuance.
4.2.4 AllIlual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may he fixed by the Board. Unless
otherwise provided by Ihe Floard. the assessment shall be paid in annual in:.tallments.
4.3 Adoption of Budget. It shall he the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the a<,sessments to be levied against each Lot, which may include an amount for capital
reserve' in accordance with a capital budget separately prepared_ The Board ~hall ~ause a
summary of the proposed operating and capital budgets und the proposed <lS5eSsments <lg<linst
each Lot j"r the following year to he m<liled to each Owner. The Board sh<lU set <I date for <I
~pe~ial meeting of the Owner,> to consider ratification of the budget within thiTt y (30) days
alter adoption by the Board und nnt less that fourteen (14) nor more than .,ixt} (60) days alter
the mailing of the proposed budgets and assessments_ Unless at such meeting the budget i~
rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or b}
proxy. the budget shall be ratified. whether or not a quorum is present In the event the
proposed budget is rejected or the required notice is not given, the budget in effect for the then
current year shall continue in effect until the Omlers ratify a subsequent budget.
4.4 Revised Budget. [fthe financial circumstances or needs of the Association
materially change during any year. the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board ~haU CauSe a summary of the pHlpo~ed
revi~ed hudgd <lnd a,ses~ment~ to he mailed to ~<I~h Own~r and ~hall ~d a dat~ lor a meding
of the OWllers to con:.ider ratification of the revised budget and assessments in the same
manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized herein.
the Association may levy special asscssments for expenses such as, but not limitcd to, capital
improvements from time to time ifappro~~d at a meeting by tW0-lhird~ (2/3) of the Total
Association Vote. Special assessments shall be paid as determined by the Board. and the
Board may permit special assessments to be paid in installments extending beyoud the fisc<l1
}ear in which the special assessment is imposed.
4.6 Lie" for As.es.ments. All ~ums <lssessed against any Lot pursuant to this
Dcclaration. togdhn with late charges, interest, costs. including. without limitation.
9/131114
• •
reasonable attorneys' fees actually incurred, alS provided herein, shall be ~e<;ured by a lien on
such Lot in favor of the Associalion. Such lien shall be Sllperior 10 all olh~r liens und
encumbrances Oil such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sum~
unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuant to such Mortgage and secured thereby in
accordance wilh the terms of ,uth instrumenL All other Persons acquiring liens or
encumbrances on an} J.DI afier the recording of this Declaration shall be deemed 10 consent
that such liens or encumbrances ~hal1 be inferior to future liens for asscssmenL~, as provided
herein, whether or not prior consent is specifically set forth in the in~lnIrnent~ creating such
licns or encumbrances.
4.7 Effect of Nonpayment of Assessments; Rcmedie .• ofthc Assodation. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall
incur a late charge in an amount as the !:loard may from time to time determine. The
Association shall cause a nolice of delinquency to be given to any memher who hu.~ not paid
within ten (I Q) days following the due date. If the assessment is not paid within thirty (30)
days, a lien, as hcrcin provided, shall attach and, in addition, the lien shall include interest set
by the Roard fi'om time to time, on the principal amount due, late charges. costs of collection,
induding, without Limilalion, reasonable attorneys' fees actually incurred, and any other
amounts provided or permitted by la,-,.
4.7.1 In the event that the asses~ment remains unpaid after sixty (60) days,
the Association may, as lhe H(lard 8hall determine. in~tilUle suit 10 collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party \0 any other
type of" c(lnveyance. vests in the Association or its agents the right and power to bring all
actions against ~uch Owner personally. lor the collection of such charges as a dcbt (lr to
foreclose the aforesaid lien III the same manner as other liens for the improvemctl! of real
property.
4.7.2 The lien pro~ided for in this Article shall be in favor of the Association
and shall be for the benefit of all other O"'TIers. The A~,ociation. acting on behalf of the
Owners, shall have the power to bid on the I~ot at an} filTecloslirc sale or (0 acquire. hold,
le~e, mortgage, or convey the same.
4.7.3 No Owner may "!ai\"e or otherwi,e exempt himse1ffrom liability for the
assessments provided for herein, including, by way of illustration, but not limitation.
abandonment "rthe Lot.
4.7.4 All payment~ >;hall be applied first to costs. then to latc charges. then to
intcrest and then to delinquent a;;ses>rnents.
4.8 Suspension for Nonpayment of Asses~ment. If an Owncr shall be in arrears
in the paym~nt of any a~sc,smcnt due. Or shall otherwise be in default of the performance (If
any terms of'the G(lveming Documents orthe Association for a period of thirty (30) days. said
Owner's "oting rights shall, without the necessl( y of any further action by th~ As~()ciation. be
• •
suspended (except as against foreclosing secured parties) and shall remain ~uspended until all
payments, including interest thereon, are brought current and an} other default is remedied.
No Owner is relined ofhability for as>essments b} non·u,e of the Common Arcas or by
abandonment of <I Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein ,hall commence as to a Lot subject to this Declaration on the first day of the month
following cunvey,mce of ~uch Lot to a Person other than Declaran!. The first annual
assessment shall be adjusted according to the number of months then remaining in that fiscal
year.
4.10 Specific Assessments. In additiun \0 the genend and ~pedal assessments
outlined abo~e, the Board shall have the power to levy such specific assessments pursuant to
thi~ Section 4.1 0 as. in i~ (li~cretion, it shall deem appropriate. All other terms and conditions
"fthis Article 4 relating to general and special assessments shall apply to the levy and
collection of the spccific assessments eovercd hereby and the Association ~hal1 have all
powers and remedies for collection and eaforcement of such as~essments as are appli~ab1e (0
the general aad special assessments set forth abovc. Fine, le~ied p"r:';uan( (0 Se~tion 11.1 of
this Declaration and the costs of maintenance performed by the Association for which the
Owner lS re8pon~ib1e under Se~tions 5.3 and 5.4 of this Declaration shall be spccific
assessments.
4.11 Common Are.ls Exempt. The Common Areas shaH be exempt Ii-om
assessments hy the Association.
ARTICLES
MAIl\TENANCEj CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibilities. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas acquired
by the Association in the future. The Association shall maintain the storm drainage facilities
contained within Tract A. If streetlights are installed and there is no procedure for billing
individuul lot owners then the Association shall pay the bills for tbe streetlights. The
Association shall also maintain all other facilities serving the Community not dedicated to or
maintained by a public entity_ The foregoing maintenanc~ ,hall be pnformed consistent "vilh
the Communit}· Wide Standard_
S.2 Pronertv Not Owned hv Association The A~sociation shall have the right.
but n()t the obligation, t" maintmn other propert}. whether or not owned b} the Association
and whether within or without the Community, where the Board has dctermincd that such
maintenance would benefit all Owners. The Private Access Easement on lots 10 and 11 as
sh"wl) on the plm is owned and maintained by the Owners of Lots 10 and 1 ( pur~uant to 3
Joint Use Maintenance Agreement. In the event the Private Access Ea,ement is not
maintained by such Lot Ovvners. the Association sball have the right, but not the obligation, to
maintain the Private Access Easement at such I~ot Owner:; expense pursuant to the procedure
W13/04
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in Section 5.4 below. Without limitation ofthe foregoing, the Association may enter into a
joint maintenance agreement with adjoining property owners or associations ror Ih" repair.
maintenance and replacemenl of any shar~d facilities or otber property.
5.3 Damage Caused by Owner. In the event that the Association dctcnnincs that
the need for maintenance, repair, or replacement, which is the responsibility orlhe
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perfonTI such
maintenance, repair or replacement at such Owner's sole cost and expense, and all COSiS
thereof shall be added to and become a part of the a.\~essrnenl to whIch -',uch Owner i.,> subject
and shall b~come a li~n against th~ Lot ofsuch Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures, parking areas, landscaping, and otber
improvement, tbereon together with the landscaping and trees on any parking ~Irip ti"onling
any ~lleh Lot, shall be the sole respon~ibi1ity of the Owner thereof. who ~ball pmvide
maintenance consistent with the Commllllity-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired. in uniform appearance, by the
abutting lot owners. In the event that the Board of Directors of the Association determines that
any O"ller has railed or refu~ed to discharge properly any or sLlch Owner's obligations wilh
regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set lorlh with
reasonable particularity the maintenance. repairs. or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or. in the event that such maintenance, repair. or
replacement is not capable of completion \vithin a ten (I 0) day period, to commence such
work which shall be completed within a reasonable time. If any Owner docs not comply with
the provisions hereof, the Association may provided any such maintenance, repair. or
replacement at sueh Owner'g sole cost and expense, and all costs shall be added to and
becom~ a part of the assessm~nt to which such Owner is subject and ~hall becom~ a lien
against the Lot.
5.5 COD"eyancc of Common Areas by Declarant to As.~ociation. During the
Development Period. the Declarant may transfer or convey the Common Areas to the
Association. including any personal property and any improved or unimproved r~al property,
leasehold, ea.~ement, or oth~r property interest. Such conveyance shall he accepted by the
Association. and the property shall th~reaner be Common Area., to be mainlained by the
Association. The Common Areru; shall b~ subject to an eusement or COmmon U',e and
enjoyment in f'l.\·or of the A>sociation and ev~ry Ov.ner. their heirs. succ~ssors and a.~signs in
accordanc~ with the terms and conditions of the Governing Docum~nts. Such rights to use the
Common Areas shall be appurtenant to and shall not be scparated from oVvllcrship of any Lot
and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer
of title to such Lot. and then only to the transferce of such title and shall be deemed so
conveyed whether or not it shall bc so expressed in the deed or other instrument conveying
W\3.'04 "
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litle. Certain rights of use. ingress. egress, occupation, and management authority in the
Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the
dllTalion or/he Development Period. Declarant shall not be required to make any
improvements whatsoever to properly to be conveyed and accepted purSl1;lnl [olhis S~ction,
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a native grow1h protection area or as
any other type of sensitive area, then usc of such Common Area shall be limited to activities
approved by the municIpality which de5ignated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 10.1 belu\\·, or in any other
provision of this Declaration, there shall be no right or casement of ingress and egress, use and
enjo}menl in or to ~lIeh Common Area. Access shall be limited to maintenance activities
approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULFS
6.1 Gcneral/Rules lind Rcguilltions. Thi~ Article, beginning at Section 6.2, sets
out certain usc restrictions which must be complied with by all Owner~ and Occupants. These
use restrictions may only be amended in the manner provided in Section 11.3 hneofregmding
lli11endment or this Declaration. In addition. thc Board may, from time to time. without consent
of the Owner,. promulgate, modify, or delete other usc restrictions and rules and regulations
applicable to the Commlllllty. Sucb use re"triC1ion~ and rules shall be distributed to all OwnCfS
and Occupants prior to the date that they are to become dTective and shall thereafter be binding
upon all Ovvners and Occupants until and unless overruled. canceled, or modified in a regular
or special meeting by a majority of the Total Association Vote and the con,enl or Dedarant
during the Development Period.
6.2 Residential Use. Except as provided in this Section. all I.ol~ shall be u8ed ror
single-family re~idential pwposes exclusively with the exception that certain home
occupations may be permitted, subject to the guidelines and rules established by the Board.
Such home occupations may be limited to certain business uses, sball nOI create any
distllrbance, noise, Of unsightliness. shall not unduly increase tranic flow or parking
conge~tion, and shall not be in violation of any of the provisions oftbe Governing Documents.
U,e or the Lots shall in all eascs be in compliance with all applicable la"s, ()[dimm~e" rules
and regulallOn~.
6.3 Building and LandseaDine: Reqnirements and Restrictions Except as
provided in Scction 6.4 below, all residences constructed "ithlll Ibe Community by any
Per,on shall be subject to dcsign revicw and approval by the ACC whicb may COVCr thc
minimulll si;e, architectural style. height, scope of improvements, qualily 01' de.,>ign, materials,
\\(orkmansilip, and siting ,tandards. Witbout restricting or limiting the authority of tile ACe
pursuant to Section 3.5 in approving or disapproving of any spccific proposal, the following
restrictions shall apply to the C ommllnity in general:
• •
6.3.1 Only one Single Family home 5hall be permitted on each Lot. Two
story or split level horne~ ~hall mclude no les~ than 1,300 gross square feel of living space,
cxclu~ive of one-,[ory "pen porches and garages_ One story homes shall include no less than
\,000 gross >qlmre reet of living space, exclusive of one-story open porches and garages.
6.3.2 After Occlarant has completed construction of all houses in the
Community, any remodeling or exterior addition to any residence or other structure erected or
placed on any i.o( shall he completed as to external appearance, including finj~hed painting.
within six (6) months after the date of commencement of construction. All front, side and rear
yard landscaping must be completed within six (6) months from the date of closing ofihe
purchase of the re,idence by the Owner from the Dedarant.ln the e~enl thut ~trict
enforcement of this provision would cause undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage: carports shall
not he permitled. \Jnles,> otherwise approved by the ACC, all garage~ mllsl be atlached to, or
incorporated in and made a part of the residence con,tructed upon a Lot. In granting waivers to
this requirem~nt, !he Ace will consider junctional ne~~Mity and architectural d~~irabi lity.
6.3.4 All driveways and parking areas shall be paved "jlh material approved
by the ACC.
6.3.5 No fence, fencing-type barrier, or hcdge of any kind in excess of six (6)
feet high or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior \\IIitten consent of the ACe. All fences shaJl be
constructed of wood materialtmless approved by the ACe. Any such fence. barrier. row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by
the ACC, which standards may provide for limited acceptable styles and/or specifications.
6.3.6 Each home constructed on a Lot shall be built of new materials except,
with approval of the ACe, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. J'ypes and colors of
exterior paint and Slain must be submitted to the committee jilr approval. Any change to the
exterior color of any improvement located on a Lot, including, wilhoutlimitation, the
d'Welling, musl be approved by the ACe.
6.3.7 All roOf8 on dwellings and garages shall be of composile. lile or cedar
shake and shall have a minimum pitch offour/lwelve.
6,4 Existing Residence. Intentionally Omitted.
6.5 Signs. No sign of any kind shall be crcetcd by an Owncr or Occupant within
the Community without the prior \\IIitten eonscnt of the Ace. Notwithstanding the foregoing,
the Board and thc Deelarant shall have the right to erect rcason~bJe and appropriate signs
ineluding. without limitation, signs related to Declarant's development and marketing of
residenecs within the Community. In addition, "For Sale" signs and security signs consistent
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\\ith the Community-Wide Standard and any signs required by legal proceedings may be
erected upon any Lot.
6.6 Vehicles. The term "vehicles" as lL'>ed herein shall include, without limitation,
automobiles, vans, campers, trucks, buses. motor homes, mobile home>, boats, jet ski~.
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-cans, dune
buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehides" as used herein shall include passenger automobiles, vans, small trucks.
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants uflhe Lot. Vehicles used for commercia! and recreational pwposcs arc not
considered passenger vehicles. "Parking areas" shall refer to the numher of garage parking
spaces and driveway areas in front of garages. However. driveway areas 8hall be considered
"parking areas" for passenger vehicles only.
6 6.1 No vehieks other than passenger vehicles in regular usc may be parked
on any Lot or portion of the Community. except in parking area~ on Lot~, or in a screened area
on a Lot. if such screened area is approved by the ACe. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nui~anee and may be removed from the Community.
6.6.2 :--10 passenger vehicles may he parked on any Lot or portion of the
COllUnunity except in '"parking areas" as deli ned in thi8 Sedi<ln.
6.6.3 Any passenger vehicle which i~ inoperable or unlicensed and not
capable of use on the public highways ,md which i~ parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a n"n-pa~senger vehicle and shall
be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain CUJTent rules and regulations
concerning the parking and storage of vehicles on any Lot or any porti"n ,,!"the Community.
Said rules arC to protect the Community from the potentially adverse impacts ofvehicle~ on
the Communitv environment and to accommodate the evolving nature and use of such
,·ehides. Such rule> and regldations may provide lor exceptions and/or modifications to the
conditions ofth" Section a., determined in the sole discretion of the Board. The Board shall
rule on any dispule "" to the interpretation or application of this Section and all rules and
regulations established by the B"ard with re~peclto ~ehlcles.
6.6.5 Off-street parking for at least three (3) pa~senger v~hlCle8 ~hall be
provided on caeh Lot. Covered enclosed parking shall be provided for on~ (1) or more
pa~senger v~hicles, plus a driveway for at least two (2) additional passenger vehicles, unle~~
approved by the ACe.
6.7 Vehicle. on Common Arcas.Ko motoriIed vehic1e~ shall be permitted on
pathways or unpaved Common Areas except vehicle, being u~ed I(,r the hmited purpose of
operating and maintaining utihlie~.
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6.8 Leasing. Lots may be lcased Illr residential purposes_ All leases shall have a
minimum term of at least throe (3) months. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy orlhe DeclaratIOn. Bylaws, and rules and regulations of
the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and uf any
rules and regulations, which govern the conduct of O"'TIcrs and which provide for ~an~ti()ns
against Owners shall also apply to aJl Occupants. Fines may be levied against O"ners or
Occupants. If a fine is firstlcvied against an Occupant and is not paid timely. lh~ fine may
then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept in the Community: provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept bred or maintained for any
commercial purposes, Owners shall be responsible for tbe imme<liate clean up and removal of
all je~al matter deposited by pets on any property other than the Lot of the O""'Iler of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person, No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
shall have the authority to determine whether a particular pet is a nllisanee or a s{)ur~e of
annoyance, and such determination shall be final and eonclusive_ Pel, shall be attended al all
times and shall be registered, licensed and inoculaled from time 10 time as required by law.
6.11 Mining Prohibited No portion of the Community shall be used for the
purpose ofburing. mining, quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy. unsightly, or unkempt condition on his or her Lot. No LOI shall be llsed,
in whole or in part, for the storage of any property or thing that will eanse such LOllo appear
to be in an unclean or untidy condition, nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noisc or other condition that "ill or
might disturb the peace, qlliet safety, COmlilrt. or ~erenily oflhe o~mpanls "r.,>urrounding
property_No illegal, illicit. noxiou~ or offensive aclivit y shall be carned on within the
Community, nOr shall anylhing be done tending to cause embillTassmenl, d"comfort.
annoy,mce, or nui~ance to any Person using any property "'lhin the Community. Without
limiting th~ generality of the foregoing, no speaker, horn. whistle. siren, bell, amplifier or
other sound device, except such devices as may be used exelusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unlc~s specifically approved by the ACe.
6.13 Unsightly or Unkempt Conditions. The PU"uil ol'hobbies or other activities,
induding speciticall y. "ith(llll limiting the genentlity of the foregoing. the as~embly of and
,h~a'>Sembly of mOlor vebicles and olher mechanical devices, which might tend to cause
disord~rly, unsightly. or unkempl conditions, shall not be undertaken ouL,>ide of homes or
garages. Garage doors shall he kepI cir}sed at all times unless they are in use In addition, the
storage or equipment. machinery, constmctioll supplies or any similar material on a Lot
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outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for not more
than sixty (60) days.
6.14 Antennas_ }; II television Or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintamed upon any Lot or any portion of the
Community unless screened from view rrom the sLrcel without the prior "Tilten consent of the
ACe. Each Owner and Occupant acknowledges that this provision henefil, all Owners and
Occupants and each Owner and Occup;mt agrees to comply with this provision despite the fact
that the erection of an outdoor antenna or similar device would be the mo~t cost-effective way
to transmit or receive the signals sought to be transmitted or received.
6.15 No Ob.druction of Easements. Catch basins and drainage areas are for the
purpose of natural now of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant rna} obstruct or re-ehannel the drainage flows after location
and installation of drainage swales. storm sewers or storm drains. Dedaranl hereby reserves
for the benefit of D~clarant and the Association and their re~pec!ive 8U~~es,or~ and as'>lgns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting. or other material ,hall be placed or
permiued to remain upon any casement which may damage or interfere ",ith the installation
and maintenance of any utilitie~. unless approved by the Board prior to installation.
6.16 Sight Distance at Intersections. All property located al slred inter:<;eetions
~hall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge
or shrub planting: shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in ils sole di~cretion.
6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, w(HJdpiles, air-
conditioning compressors, machinery. equipment and other similar item~ ""Ialed to the
operation of the residence shall be located or screened 50 as 10 be concealed from view from
the street abutting the Lot on which such items are located. All rubbish, tra~b, and garbage
shall be regularly removed and shall not be allowed to accumulale. T m"b, garbage, debris, or
other waste matter of any kind may not be burned within the Community.
6.18 Subdivision of Lot. No Lot shall be subdivided Of it5 boundar} lines changed
except with the priur 'Hittcn approval of the Architectural Review Committee. Declarant,
however, herehy expres~ly reserves the right to re-plat any Lot or Lots owned by Declamnt.
Any ~uch division, boundary line change, or re-planing shall not be in violation of the
applicable subdivision and LOning regulations.
6.19 Guns. The lJ.\e of firearm in the Community is prohibited. The term
"firearms" includes ,,,ithout limltation BB guns, peliet guns. and firearms of aU types.
6.20 Utilities. Except as may be pemlitted by the ACC, no overhead utdity lines,
including lines for cable television, shall be permitted ,~ithin the Communily, ~"cept for
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temporary lines as required during construction and except as such lines exist upon recording;
of the plat oflbe Community or as required by 111ililles serving the Community.
6.21 Lighting. No colored lights (except holiday displu}8 and yello'" in~ecllype
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached 10 the home ~hall be of compatible design and materials oflhe home. Any post
mounted exterior fixtures shall be of compatible design and materials as the fixtures attached
to the home. No jixtures "'hieh illuminate and excessively glare onto any other Lot shall be
permitted. and all exterior lights shall he screened to minimize impacts of light and glare. No
unshielded spotlfloodlight fixtures are permitted.
6.22 Artificial Vegetation, Exterior Sculpture. and Similar Items. No
artdleial vegetation, exterior sculpture, fountains, and similar items shall be permitted
in the front yard of any Lot unless approved by the ACC.
6.23 Mailboxes. All mailboxcslocatcd on Lots shall be of a style approved by the
ACe. Mailboxes shall be attacbed (mly 10 Mands provided and maintained by the Association
in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type slmll be pemlitled upon any
Lot unles> entirdy screened from view from other Lots.
6.25 Exterior ~ecurity Devices. No exterior security devices. including, without
limitation. window bars, shall be pemlitted on an} residence or Lot. Signs placed on the Lot
or the exterior of the residence stating that sueh residence i~ pmlecleu by a security system are
pennissiblc.
6.26 Construction and Sale Period. So long as Declarant o'Wns any property in the
Community lor development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to pre~enl, hinder or inlerfere with development, construction and
sales activities of Declarant or any builder or developer appmvcd by Declarant.
ARTICLE 7
INSIJRANCE AND CASIJAL TY LOSSES
7.1 Insurance Coverage. The Board of Directors or lhe duly authori/ed agent of
tbc Association shall have the authority to and shall obtain or cau.,e to bc obtained inslirance
as follows:
7.1.1 The Board shall obtain insurance on all in~UHlble building~ and, whcre
lhe Board Jecm~ thcre to be a reasonable risk, other substantial structures whether or not such
buildings or structures arc located on the Common Areas and which the Association is
obligated 10 maintain. Insurance on buildings shall provide, at minimum. fire and extended
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~overage, including vandalism and malicious mischief, and shall be in an amOlllll sufficient to
cover the full replacement C(l~t of any repair or reconstruction in the event of damage or
destruction from any such hw,ard. InsurdIlce On other substantial structures shall COver those
risks deemed advisable by the Board and shall be in such amounts as are deemed ad~isab1c by
the Board. The Board may insure other types of improvements, including enlry monuments.
landscaping, and the like, as it deems advisable. With respect to such other improvements.
the Board shall determine the risks to be insured and the amollllts of insurance to be carried.
7.1.2 The Board shall obtain a pubJi~ liabilily policy applicable to the
Common Areas covering the Association and its members for all damage or injUI)' caused by
the negligence orthe As>o~ialion nr any of its members or agents, and, ifreasonably available,
directors' and officers' liability insurance. The publi~ liability policy ,hall have a combined
single limit of at least One Million Dollars ($1 ,000,000.00) unless otherwise determined by the
Board.
7.1.3 The Board is hereby authorized to contract with nr otherwise arrange to
obtain the insurance eovcrage required hereunder through the Declarant and to reimhur~e
Declarant for the cost thereof, and Declarant shall be authorized. but not obligated, to
pliTchase slleh insurance coverage for the benefit of the Association and the Owners llpon
Declarant and the Association agreeing upon the terms and condition~ applicable to
reimbursement b} the Association for costs incurred by Occ1arant in obtaining such coverage.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
required to comply with the provisions of this Article if the Board has contracted for or
otherwise arranged to obtain the required in~unlJl~e coverage through the Dcclarant.
7.1.4 Premiums for all insurance shall be common expenses of the
A""ciation. The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in detennining whether the ins,lTance at
least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance
required hy this Article 7 become prohibitively expensive. in the judgmenl of the Board, the
Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce
the amount 0 r the required in~urance, self-insure itself. or discontinue the insurance all
together.
7.2 Policy Requiremeuts. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the resp~tive benefited
parties. Such in~unlllce shull be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do bu~iness
in Washington.
7.2.2 Exclusive authority to adjlJ.~t los~e, under policies obtained by the
Association ~hal1 be vcsted in the Association's Board of Directors; provided, however. no
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Mortgagee having an in!ere~l in ,uch lo~~es may be prohibited from participating in the
settlement negoliation~. if any, relaled thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the
A~~ociation's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners. occupants, or their Mortgages, and the insurance carried by
the Association shall be primary.
7.2.4 AU casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these arc reasonably available and all
insurance policies shall be reviewed annually by one or more qlmlificd per~ons, at least one of
",hom mu~l be in the real eslate indu;,try and familiar with cOllstruction in the City of Renton.
7.3 Other Insurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker's compensation insurance, if and to the extent necessary 10
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fiddity
bond or bonus on uircctof"l;, officers. employees, anu other per,on, handling or responsible for
the Association's funds, ifreasonably available. The Association shall obtain additional
insurance coverage, if and to the extent necessary to satisfy the requirements of the federal
Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department ofVetcrans Affairs, or the U.S. Oepartment of Housing and Urban Oevclopmcnt.
7.4 Indil'iduallnsurance. By virtnc of taking: title to a Lot subject to the terms of"
tlusOeclaration, each Owner acknowledges that thc Association has no obligation to provide
any insurance for any portion of individual Lots. and each O\\fJlcr covenants and agrees with
all other Owners and with the Association that each Owner shall at a minimum, carry lire and
extended coverage casualty insurance on the Lot and all structures constructed thereon in an
amount snffieicnt to cover the full replacement co~ts of any repair or reconstruction in the
e~cnt 01-damage or deslruction Irom any ~uch hazard_
7.5 Damage and Destruction Insured h As~ociation.
7.5.1 Immediately after damage or destruction by lire or other casualty to all
or any portion of any improvement covered by inwrance V>Titten in the name of the
Association, the Board of Oircctors or its duly authori;ed agent ,hall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
e,timate, of the cost or repair or reconstruction of the damaged or destroyed property. Repair
or recon~truction, us used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty.
allowing for any changes or improvements ll!x:essitatcd by changes in applicable building
codes. The Board of Directors shall have the enj,)rcement powers ~pecijied in tbi~
Declaration necessary to enforce this pmviSlOn_
7.5.2 Any damagc Or dcstrudion to property covered by insur.mce "'Titten in
the oame of the Association shall be rcpaired or reconstructed unless, within sixty (60) day'
after the casumty, at least 8eventy· five pcrcent (75%) orthc Total A ~Mlciati(ln Vote otherv>"e
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agree. If for an} re;!son ~ither the amount urlhe in~urance proceeds 10 be paid as a result of
such damage or destruction. or reliable and detailed estimates oflhe co~t of repair Or
reconstruction, or both, are not made available to the Association within such period, then the
period shall be extended umilsuch information shall be made available: provided, however.
such extension shall not exceed sixty (60) days, No Mortgagee shall have the right to
participate in the detennination of whether damage or destruction shall be repaired or
re<:on8truded.
7.5.3 If the damage or <le~trudi()n ror which the insurance procccd~ are paid
is to be repaired or reconstructed and such proceeds are no! sl1ffici~nt 10 defi-ay the co~!
thereof. the Board of Directors shall, without the necessity of a vote of the Association's
member~, levy a special assessment against all Owners in proportion to the number of Lots
owned by such Owners. Additional as~eMmenL" may be made in like manner at any time
during or following the completion of any repair Of reclln~tfUetion Irthe funds available from
insurance exceed the costs ofrepair or reconstruction or if the improvements are no! repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 III the evenlthat it ~hould be determined by the Association in the
manner described above that the damage or destruction ~hall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
reslored to its natural state and maintained as an undeveloped portion orthe Communily by
the Association in a neat and attractive condilion.
7.6 Damage and Destruction Insured by Owners. The damage or destruction
by fire Or other casually to aU or any portion of any improvement on a Lot shall be repaired hy
the O"ner thereof within seventy-five (75) clays after sueh damage or destruction or, where
repairs cannot he completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonahle time thereaftcr, Alternatively, the
O""llcr may elect to demolish all improvements on the I~llt and remove all debris thcrclrom
\vithin seventy-five (75) days aller such damage Of de>;truclion. In the evcnt ofnoncomplianee
with this provision, the Board of Directors shall ha~e all enforcement powers specified herein.
7.7 Insurance Deductible. Thc deductible for any casualty insurance policy
carried hv the Association shall. in the event of damage or destruction. be allocated among lhe
Person, who arc responsihle hercunder. or bc a eonunon expense of the Associalion.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portlOn 01" lhe Common Areas on
"hi"h improvements have been constructed. lhen, unless vvithin sixty (60) day~ after ~uch
takmg, at least scvcnty-five percent (75%) of the 'Iotal Association Vote shall othel'\\'ise
agree, the Association shall restore or replace such improvements so taken on the remaining
land incilided in the Conunon Arcas to the extent lands are available therefor. The provisions
of Section 7,5, above, applicable to Common Areas improvements damage, ,hall govern
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replacement or restoration and the actions to be taken in the event that the lmprovement~ are
not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders or first Mortgages on r.ols in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, Insurer, or glmrantor of a first
Mortgage, who provides a "Titten request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot munbcr, therefore becoming an
"eligible holder"). will be entitled to timely \\Tinen report as to the current status or ~"id 1.01
with respect 10 the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by sucb eligible holder,
9.1.2 Any d"linqlleney in the payment "r <lS5e,smenls or charges owed by an
O"ner of a Lot subject to the Mortgage ofsucb eligible holder.
9.2 .'10 Priority. No provision oftbis Declaration or the Bylaws gives or shall be
construed as giving any Owner or olher party priority over any rights of the first Mortgagee of
any Lot in the case of distribution to such Owner "r insurance proceeds Of condemnation
awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, eaeh Lot Owner shall be obligat"d to
furnish to the Association the name and address of the holder of any Mortgage eneumb"ring
such Owner's Lot.
9.4 V AfHUD Approval. A~ long as the D~clunll)t has Ihe right to appoint and
remove th" dir"dors of the A8sociallon and 50 long as the project is approved by the
U.S. D"partment of Housing and Urban Development ("HUD") for insuring or the
U.S. Department of Veterans Affairs eVA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; merger, and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaw~ Or Articles
of Incorporation.
9.5 Apfllicahilitv of Article 9 Nothing contained in this Article shall be
eOflstrued 10 reduce Ihe percentage vote that must otherwise be obtained under the
Declaralion, Bylaws. or Washinb>toll law for any of the acts set out in this Article.
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9.6 Amcndmcnb bv Board. Should the federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD Of VA subsequently delete any of their
respective requirements which neces8itate the pTovisions of this Aniele or make any such
requirements less stringent, the Board. without approval oflhe Owners. may cause an
amendment to lhi8 Article 10 be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Usc and Enjoyment
10.1.1 Every Owner of a Lot shall have a right and easement of ingres~ and
~g:ress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each lAlt, subject to the following provisions:
10.1.1.1 the right orlhe As~ociation to charge reasonable fees for
the usc of any portion oflhe Common Area:;, to limit the number of guests of Lot
OV>'Jlers and tenants who may U.,e Ihe Common Areas, and to provide for the exclusive
usc and enjoyment of speci lie portions thereof at certain designated times by an
owner, his family, tenants, guests. and invitees;
10.1,1.2 the right of the Association to suspend the voting rights
of an Owner and the right of an Owner to use cenain Common Areas for any period
during whIch any assessment against such O\~'Jler's Lot remains unpaid;
10.1.1.3 the right of the Association to bom)w money for the
purpose of improving the Common Areas, or any portion thereof. or for construction,
repairing or improving any facilitics locatcd or to be located thereon, and to give a~
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however. the hen and encumbrance 01' any such
Mortgage given by the Association shall be subject anu ~ubordinate to any rights,
interests. options, casements and privilege~ herein reserveu or established for the
benefit of Declarant, or any 1.01 or Lot O"'ner, or the holder of any Mortgage.
irrespective of when executed, given by Declarant or any Lot Owner encnmbering any
Lot or other property located within the Community: and
10.1. 1.4 the right of the Association to dedicate or transfer alJ or
any portion of the Common Areas subject to such conditions as may be agreed to by
the members of the Association, No such dedication or transfcr shall bc effective
unless an lOstrument agreeing to such dedication or transfer has been approved by the
uffirrnall ve vote of at lea,t seventy~five percent (75%) of the Total Association Vote;
pro"ideu, ho·we,,~r. that u"ring the Development Period, Declarant may, on Its ~olc
signature, dedicate or transfer portions of the Common Area~. ~() long a, such (ran~fer
or dedication does not materially and adve~e1y aftect the A~sociation or any Lot
Owner.
• •
10.1.2 Any Lot Ov,>1cr may delegate such Ov.ner"s right of use and enjoyment
in and to the Common Areas and localities located thereon to the members of such Ov,ner'~
family ,md to such Owner's tenants and guests and shall be deemed to have made a <le1egation
ofal! such rights to the Occupants of such Owner's Lot, ifleased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon. across, above and under all property within the Community tor
access, ingress, egress, installation, repairing. replacing, and maintaining all utilities serving
the Community or any portion thereof, induding, but not limited to, gas, water, ~anilary
sewer, storm sewer, cable television, telephone and eleetrieity_ It shall be ~xpressly
permissible [<)f the Declarant, th~ A~sociation, or the designee of either, as the case may be. to
install, repair, replac~, ami maintain or to authorize the installation, repairing. replacing, and
maintaming of 8uch wire8, conduits, cables and other equipment related to the providing of
an} such utility or s~",i~e_ This easement shall be utilized so as to not unreasonably interfere
"ith improvements constructed upon any Lot and the building envelope for any lmimprovcd
Lot. Should any party fumi~hing any >uch utility or sef\'ice request a specific license or
~asem~nt by separate recordable document, the Board shall havc the right to grant such
easem~nt.
10,] Easement for Maintenance. Declarant hereby expressly reserves a perpetual
casement [<IT the henelit ofth~ A,~ociatlOn across such portions orthe Community,
lktermined in th~ sole discretion of the Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed with a minimnm
of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken lo
protect such property, and damage shall be repaired by the Person causing the damage al its
sole expense.
10.4 Easement for Ent .. ,.. Featu!"C_,_ If Declarant installs all entry femure, there is
herehy reserved to the Declarant and the Association an ~a5ement for ingress. egress,
Installation, C(lns!ruction, landscaping and maintenance of entry features lind similar street,
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recordcd instmment eascment or conveyance. The ca.\ement and
right herein resef\'cd shall include the righlto cut, remove and planllree~, shrubb~ry, Ilower~
and othcr vcgetation around such entry features alld the right!" grade the land und~r and
around such entry featurcs.
10,5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Artieles orIncorporation, rules and regldaliolls,
design guidelines, and any 3I11cndments therelo, so long as Declarant OwnS any property in the
Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or develop~r approved by Declarant to
maintain and carryon, upon slleh portion or the Community as D~clanmt may reasonably
deem neccssary. such lacilities and activities as in the sole opinion of Declarant may be
required. eonwnien!, or incidental to Declarant's and such builder's or developer's
dev~lllpmenL construction, and sales Jctivities relatcd to property described in Article 2 of
9113i1)4
• •
this Declaration, including, but \'vilhou! limitation: the right of access, ingress and cgres~ for
vehicular and pedestrian tlilllic and construction activities over, under, on or in the
Community, including, ""ilhou! limitation. any Lot; the right 10 tie into any portion of the
Community with driveways, parking areas and walkways; the right to he into and/or otherwise
C(lrm~ct and use (without a tap-on or any other fee jilT so doing), replace, relocate, maintain
and repair any device which provides utility or similar services including, without limitation,
electrical, telephone, natural gas, water. sewer and drainage lines and facilities constructed or
installed in, on. und~r andfor o".er the Community; the right to carryon sales and promotional
activities in the Community: and the right to construct and operate husiness ofJices, signs,
construction trailers, model residences, and sales oflices. Decbranl and any such builder or
devcloper may usc residences, offices, or other buildings owned or leased by Declarant or
such builder or developer as model residences and sales offices. Rights exercised purSU<ll11 to
such reserved easement shall be exercised with a minimum of interference to the quiet
enjoyment of affected property, reasonahle steps shall be taken to pmtect such property, and
damage shall be repaired by the Person causing the dillTlage at its sole expense. During the
Development Period. this Scetion shall not be amended "ithuut the Dedaranfs express
"vritten consent.
ARTICLE II
GENERAL PROVISiONS
11.1 Enf{lrccmcnt. Each Owner and Occupant shall comply stricti)' with the
Association's Bylaws, niles and regulations, the usc restrictions, as they may be lawfull}
amended or modified from time to time, and with the covenants, conditions, and re~trictions
set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an
opportunity to be heard by the Board of Directors or hy a repre.,entative desib'flated by the
Board, and in accordance with rules and regulations adopted hy the Board, the Board may lev}
reasonable fines for violations of the ahove (in addition to any late ~harges that may be
asses8ed in connection with the late PU}ment of assessments or other Association charges) in
accordance ""ith a previously established schedule adopted by the Board and furnished to the
Owners. which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration. the Bylaw> or the rules and regulation~ ,hall be
gmund~ filr an adic", to reco~er sums due for damages or injunctive relief, or both.
maintainable by the Board of Directors. on behalf of the Association. or, in a proper easc. by
an aggrieved Owner. Failure by the Association or any O\~ner to enforee any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall
have any and all authority to enforce this Declaration with respect to the maintenance required
in Section 5.1. including but not limited to the maintenance of the storm drainage facilities
contained in Tract A.
11.2 Duration. This Declaration shall run with and bind the Community. and shall
inure to the benefit of and shall be enforceable by the Association or any Owner. their
respective legal representatives, heirs, successors. and assigns. perpcrnally to the eXknt
provided by law; provided, hO\vever, so long as and to the extent that Washington law limits
the period during which covenants restricting land to ecrtain lL'~' may run, any provisions of
9113104
• •
this Declaration affected thereby shall run with and hind the land so long as permitted by such
law, after which lime, any such provision shall be (a) automatically extended (to the extent
allowed by applicable law) for succes~ive periods often (10) years, unless a written
instrument rellccling disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lol~ and the Declarant (so long as the Declarant owns any property for
development and/or sale in the Commlmity) has been recorded within the year immediately
preceding the begilllling of a ten (10) year renewal period agreeing 10 ~hange such provisions.
in whole or in pari, or \0 terminate the same, in which case this Declaration shall be modified
or terminated to the extem specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation. a seellT}1 y intere~t) in
any real property subject to this Declaration, by acceptance of a deed or olher conve}ance
therefor. lhereby agrees that such provision~ of this Declaration may be extended and renewed
a;; provIded in this Section.
11.3 Amendments,
11 J.I This Declaration may bc amended unilaterally at any lime and from
time to time b} Dedarant (i) ifsuch amendment is necessary to bring any provi~ion hereof into
compliance with any applicable go\·errunental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issne title insurance coverage Witll respect to the Lots
subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loms, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purehaser to make or purchase Mortgage loans on the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any govemmentalagcney or
priv31e insurance company to insure or guarantee Mortgage loans on the Lots subject to this
Declaralion; pmvided, however, any such amendment shall nOt adve\1>e1} alTeet the title 10 any
Ovvner's Lot unless any such Lot Owner shall consent thereto in \\Titing. Further, so long as
Declarant owns any property for de\'c1opment mdlor sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided. however, any such
amendment shall not materially adversely affect the substantive rights of any Lot O"'TIers
hereunder, nor shall it adversely affect title to my Lot without the consent of the affected Lot
Owner. N ol",ilhstanding the above. thi., Declaration shall not he amended with TC'>pcet to the
maintenan~e requirements li)r the stonTI drainage la~ilities contained in Trad A without prior
wnUen approvall;-om the City "rRenton.
1 I .3.2 This Declaration may also be amended upon the aflirmati,e vote or
\VJitten consent, or any combination thereof. of the Owners of at least seventy-five percent
(75%) of the "\otal Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified
therein.
11,4 Partition. The Common Areas shall remain undi~ided. and n" O",ner nor any
other Person shall bring any aelion for partition or divi~ion "rlhe whole or an} parlthereof
91\3/04
-----------------------,
• •
without the \VTitten consent of aU O""'Jlers of all portions oflhe property located within the
ConmlUnityand without the written consent of al! holders of all Mortgages encumbering any
portion of the property. including, but not necessarily limited 10, the Lots located within the
Community_
11.5 Gender and Grammar. The singular, "herever used herein, shall be
construed to mean the plural, when applicable, and the use ofthe masculine pronoun shall
include the neuter and feminine.
11.6 SeHrabilih'. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibIted or held invalid, slich
pruhihilion or invalidity shall not affect any other provi~ion or the application of any provision
which can be given effect \~ithout the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severnble.
11.7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no \\'ay to be
construed as defining. limiting, extending. or otherwise modifying or adding to the particular
Article or Section to which thcy refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions. or other
provisions of this Dcclaration shall be unlawful, void, or voidable lor violation of the rule
against peIpduities, then such provisions shall continlle only untll twenty-one (ll) yeaTS after
the death of the last survivor of the now-living descendant, of the indiVIduals signing this
Declaration.
11.9 IndcmnifiutioD. To the fullest extent allowed by applicable Wa~hington law,
the Association shall indeDlllify every officer and director against any and all expenses,
including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any
officer or director in connection with any action, suit, or other proceeding (includillg
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a party by reason of being or having been an officer or director.
The officers and directors shall not be liable for any mistake of judgment, negligent or
otherwise, cxccpt for thcir own individual willful misfeasance, malfeasancc. misconduct. or
bad faith. The orticers and directors shall have no personal liability with respect to any
contract or other commitment made by them. in good faith, on behalf of the Association
(~x~ept to the extent that such omc"'r~ or directors may also b~ m~mbers of the Association),
and the Association shall indemnify and forever hold each such officer and director free and
hrumless again~t any and all liability to others on account of any such contract or commitment.
Any right 10 indemnilicatlOn provided for herein shall not be exclusive of any other rights to
which any officer or dIrector, or former officer or director. may bc entitled, 'Ihe Association
may, at the discretion of the Hoard, maintain adequate general liability and officers' and
dircctors' liahilil y mSmanCe to fund this obligation, if such coverage is reasonahl y available.
9113/D4
• •
11.10 Books and Records. Thi5 Declaration, the Articles of Incorporation, the
Bylaws, c()pie~ of rules and regulations, Design Guidelines, use restrictions. mcmhcrship
register, books of account, and minutes of meetings afthe members of the Board and of
committees shall be made available pursuant to reasonable procedure8 established by the
Board for inspection and copying by any member aithe As~ociation or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any first Mortgage at
any reasonable lime and for a purpose reasonably relakd to such Person's interest as a
member or holder, insurer, or guarantor of a nrst Mortgage at the office oflhe Association or
at such other reasonable place as the Board shall prescribe.
11.1 t Financial Review. At least annually, the Board of Directors shall prepare, Of
cau;;e to be prepared. a financial statement of the Association. Upon written reqLlest of any
institutional holder of a first Mortgage and upon payment of all ne~e-,>sary costs, such holder
shall be entitled to receive a copy of such financial ,tatement within ninety (90) days of the
date ofthc request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases
_,uch Ovvner', Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purehaser or lessee oflhe J~ot and ~uch other
information as the Board may reasonably require Upon a~'1ui8ition of a Lot each 11eW O'lmer
shall give the Association. in writing, the name and mailing addre,s of the Owner and such
other information as the Board may re~onably require.
11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant
owns any property for development and/or sale in the Community or has the right to
unilaterally annex additional property to the Communit}) all agreements und detenninations.
including settlement agreements regarding litigation involving the Association. lawfully
authorized by the Board of Directors ,hall b~ binding upon all OV>l1ers, their heirs, legal
representati ves, 8U~ees~ors, a;;signs. and others having an interest in the Community or the
privilege ()fposses~ion and enjoyment of any pan of the Community.
11.14 Implied Right!<. The AS80ciation may exercise any right or privilegc given to it
expressly by tbis Declaration, the Bylaw5, the Articles oflncorporation. any use restriction or
rule Of regulation, and every other right or privilege reasonably to be implied from the
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein. the
Board of Directors or its designee shall be authori/ed to grant individual variances from an}
of the provisions ofthi, Declaration, the Bylaw<, and any Design Guideline rule, regulation or
lise restriction ~stablished pursuant thereto if it detennines that "'<liver of application or
enforcement oj' the provision in a particular ca~e would not be inconsistcnt with the overaJl
scheme of development fur tile Community_
11.16 Litigation. No judicial or administrative proceeding shal! be commenced or
pro~ccuted by the Association unless approved by at lea\t seventy-five per~ent (75%) of the
91t3;04
--------
• •
Total Association Vote. This Section shall not apply. however. to (i) actions brought by the
Association to enforce the provisions of this Declaration (including. without limitation, the
I(lreciosure of liens), (ii) the imposition and collection of <l:>~e>smenL> as provided in Article 4
hereof. (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims
brought by the AS80ciation in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof.
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
EXECU'J ED thc day and year first above written.
DECLARANT:
WH Hughes Homes
By: Bill Hughes
State of Washington )
)ss.
County of King )
] certify that I know or ha~e ~ati,factor} evidence that Bill Hughes is the p~rson who appeared
before me. and said person acknowledged that he signed this instrument. on oath stated that he
was authorized to execute the instrument and acknowledged it as the Regional Manager ofW]]
Hnghes Homes to be the free and voluntary aet of such party for the uses and purposes
mentioned in the instrument.
(Seal Or Stamp) Dated: ________ _
Notary Publi~ in and for the State of Washing Ion
Residing at ~S;:;~~~==== Printed Name:
My Appointm~nt Expire~
9.'13;'04
---
•
[S S. Grady Way, Suite 1211, Renton, WA 98055
(425)255_7575 FAX (425)255-0285
Date: January 14, 2004 at 08.00 AM
Prepared For:
Balma & Holmberg
100 Front Street
Issaquah, WA 98027
INQUIRIES SHOULD BE MADE TO:
UNIT 2 (425)255·7943
Brent Mallett
Kim Read
TITLE IS VESTED IN:
Order No:
Your Reference:
Charge:
PLAT CERTIFICATE
SCHEDULE A
TaK:
6313735-2
Woffordl
$ 250.00
$ 22.00
eHELOPME CI)"y OF 'tf:tr~%NING
NOV 02 zoo,
RECEIVED
Wilham E. WOflOfd, presump~vely subject to the communrty interest of his spouse, il rnarrled between
December 29, 1980, date of acquiring contract interest, and February 28, 2000, date of recording Warranty
Fulfillment Deed
LEGAL DESCRIPTION;
Tract 13, Black Loam Ffve Acre Tracts, accordIng to the plat thereof recorded in Volume 12, of Plats, page(s)
101, in King County. Washington.
PLAT C."~o.'e SCOeduie A
• PLAT CERTIFICATE.
SCHEDULE B
EXCEPTIONS:
1. EASEMENT, AND THE TERMS AND CONDITIONS THEREOF;
PURPOSE
DISCLOSED BY:
AREA AFFECTED:
Drainffeld
9709191602
A northwesterty portion of said premises
.-"
" I ~ , ",' , l , , , , .-
2. COVENANTS AND RESTRICTIONS CONTAINED IN DECLARATION OF PROTECTIVE
RESTRICTIONS, BUT OMITIING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR.
RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE
UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST
HANDICAP PERSONS:
RECORDED:
RECORDING NUMBER:
REGARDING:
said premises
April 18, 1994
9404181343
Use and mainlenance of a portion of the Kin9 Count)' right olway adjac;.,nt to
3. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612:
RECORDED:
RECORDING NUMBER:
REGARDING:
relaled Ihereto
4 JUDGMENT:
AGAINST,
IN FAVOR OF:
AMOUNT.
ENTERED:
KING COUNTY
JUDGMENT NUMBER:
SUPERIOR COURT
CAUSE NUMBER:
ATTORNEY FQR
JUDGMENT CREDITOR:
June21,1996
9606210966
Establishing an assessment district for sanitary sewer service and charges
Will~m E. Wofford
So Lindstrom and Euro American Design PS
$875.79
October 4, H,94
94-9-24684-0
94-2-25186-4
Pro Se
5. QUESTION OF IDENTITY OF THE SPOUSE OF WILLIAM E. WOFFORD BETWEEN DECEMBER 29,
1980, DATE OF ACQUIRING CONTRACT INTEREST. AND FEBRUARY 26, 2000, DATE OF
RECORDING WARRANTY FULFILLMENT DEED' ON, DATE OF ACQUIRED TITLE:
If the spouse jommg in execullon of the forthcoming Instrument was the spouse on ssid date, recItal
therein of the face will be sufficient: othelWise the present ownership of the community Interest of the
spouse on saId date use be determined
6. Rl9ht, title and Interest of WH Hughes as disclosed by applicatIon for tItle Insurance
7. GENERAL AND SPECIAL TAXES AND CHARGES PAYABLE ON FEBRUARY 15TH.
YEAR. 2004
AMOUNT: Unavailable
TAX ACCOUNT NUMBER. 084710-0085-03
LEW CODE: 2147
CURRENT ASSESSED VALUE: Land $168.00000 Improvements: $0.00
• SCHEDULE B
(Continued) •
NOTE-General taxes for 2003 in the sum of $1,790 72 ha~e been paid.
Said amoonl has not yet been certified by the King COunty Assessor and is subject to possible change
8. Payment of Real Estate Excise Tax, if required. The property described herein IS Situated within the
boundaries of local taxing authority of the City of.
Plesent Rate of Real Estate Excise Tax as of the date herein is 1.78%.
NOTES
A. Abbreviated Legal for purposes of King County Recorders Office is. Tract 13, Black Loam Five
Acre Tracts, Votl2/tOt
rvianl0112012004
PLAT eMII,,,,le ScOe<lule B
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RETURN ADDRCSS
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Document Title(s)
Reference ~-umbers(s) of related documents
EH612.12.8
..... Grantor(s) (U.t, F1N1 .. d_lDW>ll
Grantee(s) iu.c, F'NI"" ,\1, .... _
•
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Legal Description :"b",,,,," I."" ,. Joe, .10<0, 'W", ''''''00, 'on,,",, '''''', ,.,,,,,," ... ,,,,1
TR"lCI"" tJ 8LAcK4QAM f'iV,.-ACRE 7!<Ac.r( I&ilirrc' I,) ~Fp;r ,
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Statutory WClrrcntty Deed
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Count}', Wa5.'\iru,=.
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COUNTY OF
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Document Title(s)
Reference Numbers(s) of related docuweD.ts
:'(1622128
Grantor{s) "-"<. r .... md _.Ie."..,..1
Grantee(s} r~ .... Y"" ... ,,;."', ' .. 0""
-------------------------
,Sl7F""''''"A"RC-C-C~&i'L''''NL,AL.~ .-__________ _
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Assessor's Property Tax ParcelfAccount Number
D Sf 't 710 ~ tiOR 'i-oJ ______ __
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WARRAr.sfV
FULFILLMENT
DEED
T1<'''RA''TO. JUlllln~ STt1IART ••• h,~ •• ,.",t. est ...
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KING
TRACT 11, BL~C~ LO .... FIVE '""," TMCTS. "C~Rll,"G ro THE
pLAT P.E:m.DW III 'IOW~ 12 or nATS, PAGe 101. I" KI:tC
COUIITY, VAS"'~GTW,
Suhjoet to ~"."'O", ",,"r;etiOT" •• , r..e"va-tiano MId 'o .... n.o".
of ""<or<! if ""y.
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1. SO,," '"''''.0''''' '" tho "'",.,.""'" of .... b". d .... ,"", ,"'''''''. ". th. "' ....... ~ "' .. ," ... " .... ," ""0_ to'""~ " .. 10 not """" '0 .of ""o. ,n',,'" ., "'''''"',,'''', .,,'" b" th'''""'' "' ""dO! II" •• ,,"" .......... "'",,0<1, ,00
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STATEO'WASHINGTON I
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,""", '''''''' '"' .,-, .. ",~ o· "' ..... "" ...... '." __ ~~~~~~ _______ _
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Declaration of Covenant:,
Reggrding Use gnd Maintena.uie '
. of King County Right_of_Way"-·',
by Adjace'n_(Pro!'"erty, Owne_r'"
In ",",'"","'"0" or .~p"',,1 by King Co'"'1 of. nlh'""f"";'" permi' [or th,"" of"" fWd
rigOt.(lf-w.y desor,bed below, 1~2>:")<, -i1" Tit hE" ,R''''f'rl pmp,ny
""'oris). hon:"y co",.",! ,nd a,:,.:o as follow"
,. Jrw, are own,,, of a" follow;n, describ,d re>I pro!"'""
l.-OT I! \5LACK.. \.OI\M FI"" ""G-~ P"T!.'> "" I T\.-
"ThJ:-~C 1f 0B<17io-C07?_OS "' .... D
LOT ''3 "';"""x. A,<X-It-OI:>47Io_co85_O'b
,.
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l£T 13
which ""''' ,ne .bove.o,,,,,ibed teal ~[[)P'"y,
The Owne", of tho ""I pro~cn, d''''nbed in f""'t<>ph 1 hmby ;""me ",I.
""~,iDili,y rOf <Ii< m,""""""", or tIJ. imp,",,,,m,,, ~e",ikl in P'''';'''?'' 1.
No ,"Iorg."." or .I"""io. of th, imp"' ...... ,"' described io Pa",g"p~ 2 «<:cpt mUlino
IO,i'''03"O< j, p',,"""d witho", prio, 'ppw,al of King County.
Tho ow","" olth. =1 proP'rt)" d,";rib,d in p,",g",~h I )'TOby l"t.I~ Ki,g Counly
I<ormles, from ,II """,. «pe.""". I", .. , and darn.ges. i",l"ding 'h, ,.st of d.r .... in·
,"""0., lhe ""JI, of lhe "i",no<. opmtion 0'"1e of lhe imp"mm, .. d"ctibod in
pmg"'ph 2.
6. I, i, h'",by ac'oowlceg'd thot lh, imp"'''m,'' described io paragr.lph 2 i, locatod in.
King Coual)" reid "I"..,f."",,y. In th, oven! Kin/; County delCmlin", ,1", lhe ",bj'"
'"",0 nght..,(.""y" neoded for pu,l,c P"'Poses 0' It" beeo,,".,. 0'-"«110 the ",f,
p,bli, "SO of Ill< ro,d ,igh,.or.way. King CO'nly may orO" lhe ",'"'' 01 the prope")
"",n,ed tn p"'!r.lph 1'0 '."ovc. rep.i,. or ,I", :.aid jmp''''·'m.n~" $3ld Pro'!""1
0,,"",,·, "'POOl:. Sai; Owom 'gr<e to ""medj,<ely comply wi,h sueh o,om.
7. In L\e evom tho: Klng Couo'y d',",mm" lh" lhe i",prov",""" d=ribed in pa"';:rnp~ 2
h.v, b"ome' p,blic ""Ilh 0, "'loW hoza,o Qr if th, 0""'"' of '"0 «31 prot''''Y
"''''nbw in p'r.lg"-ph 1 bilto oomply with ".1 I\ing C,"nty or"" i",w punu.,t"
p,r;,~"'pn 6. I\io. Cocm)' ~a, l.\e "go, to «rnov,. "'pair. 0' al", ",d Impmv,,"'"lS
1>;·hOUl no"",,, \.1:d OW"'" S.,d OW,""" ,;,11 cornpe",," Kioo Cow",) for the 00'"
ol,"el, r<mov,1. "p,i,. Or all,r;uion.
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Th;, 'g",m,", i. ''''ing "PO" the ~,i", "CC<l'or. >no ."i~n> of ,~, ow"", of ",. re.il
prop.,,)' d=ribcd in p.ng .. ph 1 ",d j, • COve!l>m ,"n,"n! witll the ["d.
" . DATED "'is ~ ;'1 of ,l;i>Pll
STATE Of WASHINGTON )
) ".
COUNT'( OF KING )
I. 'f'lo., .. .,..b €. h"~o""y P,blic in and fo, 1l>e Srate .fWashing,""_ do '='>y
=tify tha, on. Illi, !f!d.y of ,o.PI\.IL. 19a. p,,,oniiliy "I'pe>"" bero", me_
WiLl!"'" e. WQf'fo~D • "m<k/Iowllwlheinrli'ioJual
dOl<nb«l i" and "ho "''':UI.O' ,'" ",tWo ;mullInon, and ~awl'dged th"
Hf. ';g","-and same "" til;:;. f= ",d voluJl!>l}'
ad ,n' dee< ror the u= and purpo"" hetein ... mio.O<1
GIVEN UNDER MY lL\.ND AND OffICIAL SEAL lIli,,,,ffld•y of ~"'"~_
192'i.
STATE Of WASHlNIJTON )
) •.
COUNTY OF KING }
On thi, o.y of ,l~ ,ber= me p",o •• lly 'pp""',
to mek!lOWn <0 bo UlO
of the ccrporalion Ih.o,
,,",uted the ""hin "'" r""'ga;ng ;nmum'n', ,d"",wledgeJ .. ,; i.mumoo.,o be the (,,'
on' VOluntary .e, of ..,id corpo""ioo, for .. ,. u= .. d p.rpo .. , the"In m'n'iooo;, and 011
OlLh ,,,to" O. ,"",or;,",o 14;d ;",Iru"""' aod that the le<ll am,,~
;, the ""'Po"", seal of,.;o co'P0"";O",
lN WITNESS WHEREOF, I 0"0 """"'0 '" may h .. d aod aHi,"" my omol,l , .. I ,h. doy '00
yw Ii~L "'01" wfiu,"_
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• CERTIFICATE
.
,m , " =". WASHINGTON
ORDlNANCt: NO.
AN ORDINAVCE OF Tl!E CI'J."Y or ~,
ESTABLJ:!lI!I1IG ],]I ASSESSXBHT OISTRICT POR SANITAllY SKlIIU<
snvIC>< rn 10. P=IOl1' OP TIlE SOUTH RIGIlLANDS, BE1I.'nIBIl.
DmWS, Al'W XM'LEWOOP SlIB-BASniS AND ESTJUlloISHI1IG Tl!E
AIIIOUHT 07 THE CIlAlI.GE UPON CONNECTION TO TBX FACILITIES.
l'HS CITY COUNCIL OF THE CITY OF RENTON, WASHING'rON, DO ORDAIN
lIS FOLLOWS,
SBCTION I, There .is hereby created a Sanit .. ")' s ....... r
Service Special AssesSment Distr~ct for the area served by Che Bast
Rer.ton Sanitary Sewer Intercep~o~ 1n the nortne .. ,;t quadrant of the
City of Renton and a port~o" of its urban growth area within
unincorporated King <:o=ty, "'M.eh area is 0101" particularly
described in Exhibit "A" "ttaoned he~eto. A map of t.he service
area is attached as Exhibit "B' The recor~n~ ot this document ~s
to provide noti~icQtian of potential connection ~~d interest
cmu,"g"s. ~"l:il .. "-his connectior_ ",t>,arge may oe paio a~ a."y time. the
Ci~y ooes not require pa.,..,.en" U:ltiJ. sue!> time as th" p"rcec i5
eOWlecceo "0 and ~hus oeneficb.g :""0'" tt.., ~ewer facilities. The
property r>ay be sold or in any other w"y change I-."no~ without
trigg~ri:1.g the requirement., by t.he City, of p"yment of t.hB chuges
"s~oei"t.ed "ith this distric~.
SECTIQN n [>ersons connect.ing to tr.e ~ani~ary se .... r
f"ciliti~s in t.bis Spcci"l Assessment Di~~""ict ""d wh~ch properties
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have not been charged or assessed w~th all costs o[ the East Renton
Sanitary Sewer Intel'ceptor. as detailed in this ordinance, shall
pay, in addition to the paymen~ of the connection permit fee and in
addition to t_he system development charge, the following additional
fe"s,
A. Per Unit Charge. New connections of residential dwelling
units or equivalents shall pay a :fee 0: $224.52 per dwelling unit
and all other uses shall pay a unit charge of $0.069 per squa:::e
foot of property. Those properties inclUded within this Special
Allsess:nent District and which may be assessed a charge thereunder
are included within the boundary legally described in !<xhibit "A"
aod wh,,,,,_ boundary is shown DC the'm.:-p att.ached as Exhibit "B.W
SECTION III. In additi.on to· the aforestated charges, there
s~all be a charge of 4,11\ per annum added to the Per unit Charge.
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The ioterest ehacse shall accrue for no mOrC ::.~"ar. ten (10) ycars
froc :he dilte thj s ordinance becomes etf .. ctive. rnteres~ charges
will be simple interest and not compound interest.
SECTION Iy. This ordinance s:".all be effe.::tive upon it"
pa"sage. apprmraj. and t.:~':'rty (30) days after pub~ication'.
P"SSED BY THE CI7Y COL'NCIL t':.is 1 Q .. r. day of_--""",,,, ___ ~ 1996.
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• ORDINANCE 4G12 •
APPROVEO BY THE MAYOR this ~ day of _"'c""oc·~ _____ . 1996.
Jes Tanner, Mayor
APprO~L?as t.o form:
of:~~ .......... a
cC.C"C:.CoCC.C.-Jo-,-ow'arren, City Attorney
:late of Publication: 6/14/96
ORD.576:S/20/96,as.
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• • Exhibit A
LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT
FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR
Portions of Sections 8, 9, ro, 11, 14. 15, 16, 17, 21 and 22 all in Township 23N,
Range 5E W_M. in King County. Washington
Section 8, Township 23N, Range SE W.M.
All of that p<Jrtion of Section 8, Towm;11ip 23N. Range 5E W.M. Iytng East of the
East right-of-way line of SR-405 and South nfthe following described line:
Beg\rlIlin,l! at the intersection of the East line of said Section B with Ihe centerline
of NE 7th Street:; thence Westerly along said centerUne of NE 7th Street to its
intersection with the centerline of Sunset Boulevard NE; thence Northerly along
the centerline of Sunset Boulevard. JI."E to the North line of the Southeast 'A of
said Section 8: thence West along said North line to fue East right-of-way line of
SR-405 and the terminus of said line.
Section 9, Township 23N, Range 5E W.M.
All of that portion of Section 9, Township 23N, Range 5E W.M. lying 8<Juth and
East of the following described line;
Deglnn1ng on the centerline of NE 7th Street at its intersection with thc centerline
of Edmonds Avenue NE; thence F.asterly along the centerline of NE 7th Street to
its intersection with the centerline of Monroe Avenue NE; thence North alo~ sald
centerline to the South line of Ule Northeast 1,4 of said Section 9; thence East
along said South line to its Intersection with the centerline of Redmond Avenue
NE: thence Northerly along sajd centerline to ils intersection with the centerline of
NE 10th Street: thenee F..ast along said centerline to the F..asllinc of said Section
9 and the terminus of said line.
Seqion 10, Township 23N, Range SE W.M.
All of that portion of Section 10. Township 23N, Range 5E W.M. lying Southerly
and Westerly of the fulluwing descri\JLLi line:
Beginning on the West line of Section 10 at its intersection with Ule North line of
the South V~ of the North ""-of said Section 10: thence East along said North line
to its intersection ,villi the centerline of 142nd Avenue 51':; Ulcnce Southerly
along said centerline to Its intersection ",iU, the North U"" of Ule Southeast v.. of
said Section 10; thence East along said Korth line to its intersection wiU, the East
line of said Section 10 and the termirms of said line.
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• • Legal &criplian of/he Sperit<I Assessment Dwtric!
for the On; af Renton EIl51 Rm!OH Interceptor Page 2 o{3
section 11, Township 23N, Range 5E W.M.
All of the Southwest \4 of Section II. Township 23N. Range 5E W.M ..
section 14, Township 23N, Range 5E W.M.
All of that portion of S!x:tion 14. Township 23N, Range 5E. W.M. descnbed as
fallows:
All cf the Northwest \4 of said section. together with the Southwest '14 of said
section. except the South 'h of the Southeast V. of said Southwest \4 and except
the plat of McIntire Hornesitcs and 'h of streets adjacent as recorded in the Book
of Plats, Volume 58, Page 82, Records of ~ County. Washington. and except
the Snuth 151.55 feet oftbe East 239.435 feel of Tract 6, Block 1 of Cedar River
Five Acre Tracts as recorded In the Book of Pints, Volume 16, Page 52, Records of
K1ng County. Washington, less 'h of the stre",t abutting sajd portion of Tract 6,
Bkx;k 1, and less 'Ir.!.!,!. 6, Block 2 of said cedar River FiVe Acre Tracts, less 'h of
the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of
the East 150 feet orTract 5, Block 2 of said Cedar River Five A1:.re Tracts and less
'h the street adjacent to said portion of Tract 5. Block 2.
$ecUon 15. Township23N, Range 5E W_M.
All of that portion of Section 15. Township 23N, Range 5E. W.M., except the
Southwest V. of the Southwest V. of tile Southwest v.. of said section.
Section 16, Township 23N, Range 5E W.M.
All of that portion of Section 16, Township 23N, Range 5E W.M .. except that
portion of Ule Southeast V. of the Southeast V. ofth" said Section 16 lying East of
the East line of the Plat of Maplev:ood Division No.2 as recorded in the Book of
Plats Volume 39, page 39. Ikcords of Ring County Washington and ilS Northerly
extension to the North line of said Southeast v.. of the SOutheast "'4 of the said
Section 16 and except that ponion of said section l)1ng Southerly of th" Northerly
right·of-way llne of SR-169 (Maple Valley Highway).
Section 17, Township 23N, Range 5E W.M.
!ill of that portion of Section 17, Tov,'nship 23N, Range 5E W.M .. lying
Northeasterly of the Northeasterly rtght·of-\rdY of SR-169 (Maple Valley Highway)
and Easterly of the Ea!;l light-()f·way line of SR-405 1('5s that portion lying
generally West of the East and SoutJleasterIy line of Bronson Way NE lying
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• ugol Description oft"" Special A=sment Df>trict
far Ihe City Q(&n/on ~ fAst Radon Interceptor
• Poge 3 0[3
between the South line of the NE 3m StITct and the Northeasterly margln of SR-
405.
Section 21, Township 23N, Range 5E W.M.
All that portion of Sectlon 21, Township 23N. R 5E W.M. lying Northeasterly of
the Northeasterly right-or-way line of SR-169 {Maple Valley Highway) and West of
the East line of the Plat of Maplewood Division NO.2 as recorded in the Book of
Plats, volume 39, page 39, Records of King County. Washington.
Section 22, Township 23N, Range SE W,M.
All of that portion of Section 22. Township 23N, Range 5£ W.M. described as
follows:
All of the Northwest 'A of the Northeast ';' of said SectiOn 221yin,g Northerly of the
Southerly line of the Plat of Maplewood Heigh!~ as recorded In the Book of Plats.
volume 78, pages 1 through 4. Records of King County. Washington.
Together with the North 227.11 fcct of the West 97.02 of til<, Northeast \4 of the
Northeast '/.i of said Section 22.
, . • • Exhibit B
EAST RENTON INTERCEPTOR
Special Assessment District Boundary
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2000
City tmOn
Spadal As ....... ..,t Di
Printed, 11_02·2004
Payment Made:
• CTIY OF RENTON
1055 S. Grady Way
Rentan, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-138
1110212004 08.58 AM
•
Receipt Numbe~ R0405918
Total Payment 1,000.00 Payee: WH HUGHES JR CO INC
Current Payment Made to the Following Items;
Trans Account Code Description Amount
5012 000.345.81.00.0009 rLnal Plat 1,000.00
Paym&nts made for this receipt
Trans Method Description Amount
Payment Check *6335 1,000.00
Account Balances
Trans ~ccount Code Description Balance Due
3021 303.000.00.345.85 Park Mitigation Fee .00
5006 GOO.345.81.00.00D2 Annexation Fees .00
5007 000.345.31.00.0003 Appeals/Waivers .00
500B 000.345.81.00.0004 Binding Site/Short Plat .00
5009 000.345.81.00.0006 Condit~onal Use Fees .00
5010 000.345.81,00.0007 Environmental Review .00
5011 000.345.81.00.0008 Prelim/Tentative Plat .00
5012000.345.81.00.0009 final Plat .00
5013000.345.81.00.0010 PUD .00
5014 000.345.B1.00.0011 Grading & filling Fees .00
5015 000.345.81.00.0012 Lot Line ~djustment .00
5016 000.345.B1.00.0013 Mobile Home Pa~ks .00
5017 000.345.81.00.0014 Rezone .00
5018 000.345.81.00.0015 Routine Vegetation Mgmt .00
5019 000.345.81.00.0016 Shoreline Subst Dev .00
5020 000.345.81.00.0017 Site Plan Approval .00
5021 000.345.81.00.0013 Temp Use or Fence Review .00
5022 000.345.81.00,0019 Variance ,ees .00
5024 000.345.81.00.0024 Conditional Approval fee .00
5036 000.345.81.00.0005 ComprehenSive Plan Amend .00
5909 000.341.60.00.0024 BookletS/EIS/Copies .00
5941 000.341.50.00.0000 Maps (Taxable) .00
5954 604.237.00.00.0000 Special Deposits .00
5955000.05.519.90.42.1 Postage .00
5998000.231.70.00.0000 Tax .00
Remaining Balance Due: $0.00
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Altmann Oliver Associates, LLC A
PO II", !,7~ C.ml"twIl, WA 9H014
January 18, 2008
Bill Hughes
WH Hughes Homes
Tiger Mountain Professional Bldg., Ste 130
14401 Issaquah-Hobart Road
Issaquah, WA 98027-6925
Planning &
Landscape
Architecture
AOA-1912
RJ<:FEREI\CE: Emma's Plat, Renton -W ~tland 'fitillatio" I\1Ollitoring (y t'u 3)
~f}:File:IfLUA04;1l8;'nd' 7 f
Dear Bill:
This report documents the conditions within the Emma's Plat wetland mitigation area
following the third full growing season after completion. As you may recall, grading
of the mitigation area was completed in the summer and lall of 2004. Planting was
subsequently completed In the late fall/early winter of 2004. Construction sign-off of
the project was gral"lted by the City in January 2005.
VI::GKL\TIO~ SAI\1PLlNG PLOTS AND PHOTO-POINT LOCAn()~S
Field investigations were conducted by AOA in April and October of 2007 During
the site visits, the vegelatlon sampling plots and photo-point locations that were
established during the baseline assessment were re-visited. These sampling plots
and photo-points will continue to be re-visited throughout the five-year performance
monitonng penod.
The locations of the sampling plots and photo-points are depicted on the as-bUilt
plan (Figure 1). ,Attachment 1 contains photographs from the established photo-point
locations on October 11, 2007 and AUachmcnt 2 contains the data from the
vegetation sampling plots.
WETLAND HYDROLOGY & WATER QUAUTY
Hydrological conditions within the mitigation area continue to be generally as
designed. ShallOW ponding was observed within both the wetland creatIOn and
wetland enhancement areas during the field investigations and water quality within
the miligation area appeared good,
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Bill Hughes
January 18, 2008
Page 2
W1L1)I~IFE ORSER\' A T10~S
Obs€lvations recorded in the mitigation area through the 2007 field Investigations
included a variety of wildlife species, including mallard, bufflehead, Canada goose,
American crow, American robin, swallows, song sparrow, dark eyed junco, black-capped
chickadee, spotted towhee, black-tailed deer, raccoon (tracks), Pacific chorus frog
(tadpoles). and a variety of aquatic invertebrates including dragonflies, damselflies,
whirligig beetles, and backswimmers. However, due to the time of the site Visits and the
secretive nature of most Wildlife, many more species likely utilize the site than were
actually observed during the field investigations
GOAl., OM,lEell\-ES. & I'l:RFOK\-1A:\C.: STA~Il.\KI)S
The primary goal of the mitigation plan was to replace the wetland functions lost
from the proposed development. To meet this goal, the following objectives and
perfonnance standards were incorporated into the deSign of the plan:
Objecth'e A: Increase the structural and plant species diversity within the miligation
area,
Performance Standard: Followmg every monitoring event for a period of at leasl five
years, the mitigation area will contain at least 12 native plant species In additIOn,
there Will be 100% survival of all woody planted species throughout the mitigation
area at the end of the first year of planting. Following each monitoring event after
the first year of planting, there will be at least an 80% survIVal rate of all planted tree
and shrub species or eqUivalenl replacement of a combination of planted and re-
colonized native species_
The mitigation area currently contains greater than 12 native plant species and this
portion of the performance standard is being met Based on the vegetation plot
data, plant survival continues to be very high and is welt over 80%. Those few
plants that were not found have been adequately replaced by natural re-colonization
of native species
: Limit the amount of Invasive and exotic species withm the mitigation
Performance Standard' After construction and following every monitoring event for a
period of at least five years, exotic and invasive plant species will be maintained at
levels below 20% total cover in all planted areas. These species include, but are not
limited to, Sea/'s broom, Himalayan and evergreen blackberry, reed canarygrass,
mommg glory. Japanese knotweed. English ivy, thistle. and creepmg nightshade_
It is our understanding that maintenance within the mitigation area is being
periodically conducted to control invasive species, primarily blackberry_ The overall
areal coverage of exotic and invasive species is below the 20% coverage threshold,
and this performance standard is currently being met. It is our recommendation that
maintenance within the mitigation area conllnue for the duration of the monitormg
period to enable the desired plant community to continue to establish and to ensure
that blackberry and other invasives do not over-top Ihe planted Irees and shrubs,
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Bill Hughes
January 18, 2008
Page 3
Objective C; Increase the value of the area to wildlife by adding habitat features
(I.e., snags, stumps, and downed logs) into the wetland mitigation area.
Performance Standard' After cons/ruction and following every monitoring event for a
period of at least five years, the mitigation area will contain at least one habitat
feature per 1.000 s,t. of mitigation area.
Habitat features were genel<3lly Installed to plan and this performance standard is
being met.
Objccth'c D' Ensure continued wetland hydrology within the enhanced and created
wetland.
Performance Standard. After construc/lOn and following evel}' momtormg event for a
penod of at least five years, a mmlmum of 0. 6 acres wlthm the mitigation area
(enhanced and created wetland areas) will be seasonally inundated or saturated to
within 10 inches of the surface for a continuous duration equal to or greater than
12.5% of/he growing season.
ShallOW ponding and soil saturation was observed in aU created and enhanced
wetland areas dUring the f,etd investigations and thiS performance standard is also
being mel.
CI):\(:L1JSIO~ and MO~rnlH.I~(; SCIIEI)UI .• :
All of the performance standards outlined in the approved mitigation plan are
currently being met. The next long-term monitoring event is scheduled for the spring
of 2008. The next monitoring report would then be submitted fotlowing the fall 2008
monitoring event.
Should you have any questions concerning the monitoring program. please call
Simone Oliver or me at (425) 333-4535
Sincerely,
ALTMANN OLIVER ASSOCtATES, LLC
~~
John Altmann
Ecologist
Attachments
cc: Andrea Petzel (2 copies)
City of Renton, Development Services
1055 South Grady Way
Renton. WA 98057
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Photo-point 1: Vicl" looking southeast
Photo-point 1: Vicw looking northeast
.\11.<h",cn' I
1'.111007
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\U"hm,"' 1 Emma', 1', ..
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Photo-point 2: View looking northeast
Photo-point 2: View looking southeast
Att.<hmen' I
1'.112007
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Photo-point 3: View looking south
~"",hm'·"' 1
F.1I2t1117
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Photo-point 4:
Photo-point 4: View looking
,'''"ohm,-", 1
F.II 2U~7
Emma',l'l ..
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Photo-point 4: View Loo\,;o so;,th
,,,.ohm,·nl 1
Fall 2007
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• .\ita<hm<nll Fmma-' Plio, I hll111l17
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Photo-point 5: View looking north
Photo-point 5: View looking northeast
A((a<hOlen! I
talllll1l7
l.mOla", Pial
--.. - - - - - -
• I Dougl" lir jP,eu<lou,uga men?le,,,)
• .l crah "pplo (Malu, [;1'"0)
• 7 "ill"", (Sali, 'P I
• I vincmlipk(,\c",circm"wrn)
• 5 clu,\crcJ """ (R"", pi,()c"'l'al
• I ,,,oru 10m (l'oipll<bu[)] mUIlilurn)
- - - - -
• J crob "pple IMolu, f",ca)
• 3 willow (SalIX Sr,)
• I ,in" ","pic (.\co, CITClIlatum)
• .I dLJ,tered "\So (1(",,, P1S<'Ulrp"j
• I hLltcr cherry (Pnmu, emorgLlliltal
• I hlack COll<lnW,,(,d (Populus irJciloCJl'p<l)
• _ 20% Ted ,,1(1., (,\ Inu< rubla) '.piing'
• -1m:, I [imalayan and ",erg'eon hla,kl",,,}
m" (RLJbll< dLScolor ,,,,d II. J""Lmalu,]
• -5% ,almonheTT), (Ruhu, 'roelabdis)
• -S% ,piT"" I Spiraea d()ugi"",)
% ,-,,; e, uf hcrb"ccuu, 'pcclc~,,",oundcm--,~!
• -20% \ cl,'c! gT",' (Hole", '"n.1IU')
~ ~20";,ru,hiJuncu"pJ
~ -10% 1 Lmotb)' (I'hleum pfaicn,cj
~ _10% Wats~"'s ",II,,,, 1"',0 ILpilobium
"'''''on;;)
• -.1% "aU",IIT, ha I"t;[ol,")
- --
• -45'J-;, ""od} areol
l'O; er"g~
• (,ooli rc-c(Jloni,.lion
-
• Some bbckberry
mamtenance ,Ilould be
conducted ta pre'cnl
'prcadmg.
IOJ 2 "of wood,-piants ~ ufwunu), plant' • All ,,(joLly,plantod
• .' crah apple (MaiLl\ tLl'ca) • 3 "rob apple (Malu, fu,_'a) m","rial ".Ilw and
• _, wlll~w ,Sal1, sp,) • J "illo" ',Sal" 'p) heahh),
• I bl.lOk ",,,,berr,. (Lon;o"," ",,,,,IHelala) • 1 bl"ck l"inhCTI}' (Lonicera lmoiL,o,"'") • -45% "ooJy areal
• I high_hu'h cranbLll)' (V Lburnul1l "dLJle) • I l"gIL-bu>IL c,"nbcTT), (V,burnum cdulo) CU"C~"gc
• -2:<% red "Ider IAlnu, rubra) ,aplmg' • Good re-col"nif.aI;(Jn
• -10% m" of" .11"" ISallx ,po) aTId hla",
('oilun,,"ood 'Yorulu, "'cho""rpa) ,ccdlmg'
• 'Jm"" "u[["rny bu,1I (IlLLudlcj. da"ldiL)
p<"cic"',,
• --1.1%gra"m;x
• Trac< d"ggel-leaC nl>h {Julleu, cn,iJ(lilu,}
Fmma', Pial W,'land \lltigallon {Fall 2007)
-
--.. - - - - - - - - - - - - - - --
'\ltaU""~'" ~: • ~ ~"'""" .~alll 1111 ~"''' u,mllmeu
PLOTS BASELI:"IE VEGETA TIO:" (JU~;12005) VEGETATION (October 2007) • CO\l\JE"lTS
(# of Plants or Annroximate % Co'cr '# of Plants or Apnroximate % C o"~rl
Plot J ,'1 of\\()(Hl), rlanl' ~ "f Wlll,.Jy pi'lnl' • All w(J()(ly"planlcd
• .1 "mh apple (~blll' fLl,,-a) • 3 "wh apple (.'vt,I", ru,e") lllotOI ,ai is al". ""el
• .1 willow (S,,j,x 'p.) • -,25% ",Lllow (Salix 'p.) he"lth) ,
• --5% TeJ "ld~r (Ainu, ruhr.) • -10% \\(M,dy aroal
• --0% _,a]monDeTT), (Rubl" _'pcctahlh.'1 c",cTage
~{. em ~ of h., hac'oo,", spcci~,:gmunJc"vcT • ('enler ufpl()l mH !()uml
• -(,0% ,,,Ii 1 Ll<h (J"n"" dIu",,) • ",lInm"d
• -25% ,cl;-c( g'"" (lloicLJ' lana",,)
• -5% \V.",,"', \\1l1ow_ho, b (Lpiiubium
I'>a[,onll )
• l race re'«1 callal ,.g"''' (l'balal';' 1Il unJlIlacca)
I'h,t 4 H "[,,,)oJ, planh 1/ ot.".()odLPlanl, • '" II "ood)' _pi ""'od • I ",,,,Iem red ,eda,. (1lwla pbcdlal • I w""em 1 cd codar (flUIJ" I'I,cma) molenal;, olov<,
• I bluck cotLon" ood (P"pulu, tTichooarl'a) • 1 b!'1C~ 0<>110"" uoJ (l'()pulu, ,nchoco,-pa) • -25% ,,()od), aToal
• I """Cln hemlock (T'LJga hetc-mrhylla) • I "'e,!em hemlocl I I '''L~" bclcrophylla) cover
• I emb apple (J\.fal", I,"ca) • ! ,roh appJe IId"lu, fusea) • J )og"uoo "ppcar dccr
• 7 rcd-o>Lcr dog" ood I ('omu, ,mced) • 7 ,ed-o"., dog"ood (Cornu" ,cricc") hrowsed,
• -l()% ,-cd al'ler (Alnus rubl") • SO'CI al Illehe, p"ndJrL~
• -~% IllIX \\'1110" (S,hx sp), black WIll,"",ood at nonh end O[pIOI,
(l'oplLlu' irJeho,-arp"), '"U 'pLIca (Spimca
dougl",") ,codlmg<
% co; cr ()fhcrb"ccom 'PLc;c-",'ground,-O"eJ
• ~~U%ru>h\JuIl'u"p I
• ~ 5% ,"hcl g'"" (I\oleu, lanatu,)
Ie[[]ma', Pial Wclumu l\lLllguIH"] (I'oli lOU!)
I .. >, -'~ \ .
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, ,
·I'<ETI..AND B ,.,-. , i , '. ,
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i'BlfRN I'EIJ CIDAR " ,. !
I IoCSTfRN~K " 3' IlL cw.,~ I , ,
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I I pp-# _lOCA1jICN Q= f'IDTo-f'GlNl'S
VF'-# ~ l<X-ATION OF VBSET MIOlI ~l)f PlOTS I ""''"
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Rl(C(lj
Altmann Oliver Associates, LLC
February 8, 2007
Bill Hughes
WH Hughes Homes
Tiger Mountain Professional Bldg., Sle 130
14401 Issaquah-Hobart Road
Issaquah, WA 98027·6925
AOA
,
Planning &
Landscape
Architecture
AOA-1912
Emmll'~ Plat, Renton -Wetland Witigotion Monitoring (Year 2)
City Hie #LU,\04-138 and LUA04-025
Dear Bill:
This report documents the conditions within the Emma's Plat weiland mitigation area
following the second full growing season after completion. As you may recall,
grading of the mitigation area was completed in the summer and fall of 2004.
Planting was subsequently completed in the late fall/early winter of 2004.
Construction sign-off of the project was granted by the City in January 2005.
VEGETATIO:'ll SAMPLING PLOTS Al\D PHOTO-POINT LOCATIOl'S
Field investigations were conducted by AOA in May and October of 2006. During
the site visits, the vegetation sampling plots and photo-point locations that were
established during the baseline assessment were re-visited, These sampling plots
and photo-points will continue to be re-visited throughout the five-year performance
monitonng penod.
The locations of the sampling plots and photo-points are depicted on the as-built
plan (Figure 1), Attachment I contains photographs from the established photo-point
locations on October 27,2006 and Attachment 2 contains the dala from the
vegetation sampling plots. , " r. _
WETLAND HYDROLOGY & WATER QUALITY
Hydrological conditions within the mitigation area continue to be generally as
designed. ShallOW ponding was observed within both the wetland creation and
weiland enhancement areas during the field investigations and water quality within
the mitigation area appeared good,
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Bill Hughes
February 8, 2007
Page 2
WILlll .... 'E OIlS~~RVA nONS
Observations recorded in the mitigation area through the 2006 field Investigations
included a variety of wildlife species, including mallard, bufflehead, American crow,
American robin, swallows, song sparrow, dark eyed junco, black-tailed deer, raccoon
(tracks), Pacific chorus frog (tadpoles), and a variety of aquatic invertebrates including
dragonflies, damselflies, wnirligig beetles, and backswimmers. However, due to the lime
of the site visils and the secretwe nature of most wildlife, many more species likely utilize
the site than were actually observed during the field investigations.
GOAL, ORJgcrl\':.:S, & PERFORMANCE STANDARDS
The primary goal of the mitigation plan was to replace the wetland functions lost
from the proposed development. To meet this goal, the following objectives and
performance standards were incorporated into the design of the plan:
Objective A: Increase the structural and plant species diversity within the mitigation
area.
evel}' monitoring event for a period of at least five
I at least 12 native plant species. In addition,
will be I of all woody planted species throughout the mitigation
area at the end of/he first year of planting. Following each monitoring event after
the first year of planting, there will be at least an 80% survival rate of all planted tree
and shrub species or equivalent replacement of a combination of planted and re-
colonized native species.
The mitigation area currently contains greater than 12 native plant species and this
portion of the performance standard is being met. Based on the vegetation plot
data, plant survival continues to be very high and is close to 100%. Those few
plants that were not found have been adequately replaced by natural re-colonization
of native species.
: Limit the amount of invasive and exotic species within the mitigation
. After construction and following eve!}' monitoring event for a
exotic and invasive plant species will be maintained at
areas. These species include, but are not
limited /0, Scot's broom, and evergreen blackberry, reed canarygrass,
morning glo!}', Japanese knotweed, English ivy, thistle, and creeping nightshade.
It is our understanding that maintenance within the mitigation area is being
conducted to control invasive species, primarily blackberry. The overall areal
coverage of exotic and invasive species is below the 20% coverage threshold, and
this performance standard is currently being met. It is our recommendation that
maintenance within the mitigation area continue for the duration of the monitoring
period to enable the desired plant community to establish and to ensure that
blackberry and other invasives do not over-top the planted trees and shrubs.
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Bill Hughes
February 8, 2007
Page 3
Objective C: Increase the value of the area to wildlife by adding habitat features
(Le., snags, stumps, and downed logs) into the wetland mitigation area.
Performance Standard: After construction and following every monitoring event for a
period of at least five years. the mitigation area will contain at least one habitat
feature per 1,000 s.f. of mitigation area.
Habitat features were generally installed to plan and this performance standard is
being met.
Objective Il: Ensure continued weiland hydrology within the enhanced and created
wetland.
Performance Standard: After construction and fol/owing every monitoring event for a
period of at least five years, a minimum of 0.6 acres within the mitigation area
(enhanced and created wetland areas) will be seasonally inundated or saturated to
within 10 inches of the surface for a continuous dura/ion equal to or greater tha"
12.5% ofthe growing season.
Shallow ponding and soil saturation was obselVed in all created and enhanced
wetland areas during the field investigations and this performance standard is also
being met.
CONCLUSION and MONITORI:'IlG SCHEDULE
All of the performance standards outlined in the approved mitigation plan are
currently being met. The next long-term monitoring event is scheduled for the spring
of 2007. The next monitoring report would Ihen be submitted following the lall2007
monitoring event.
Should you have any questions concerning the monitoring program, please call
Simone Oliver or me at (425) 333-4535.
Sincerely,
ALTMANN OLIVER ASSOCIATES, LLC
~~
John Altmann
Ecologist
Attachments
cc: Andrea Petzel (2 copies)
City of Renton, Development Services
1055 South Grady Way
Renton. WA 98057
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Attachment I Emma·, PI ..
I F.1I11I1I(,
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\ttachm,n' I t.mm,', PI.,
I i-alllOlJo
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Photo-point 2: View looking .,",".ea,'
"".,hm"o' I
r.1I211116
t.mm,',I'I.,
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Photo-point 3: View looking west
Photo-point 3: View looking south
",O"'c'""mc'c"'.,---------------------c'c'"ma'< 1'1.,
Fall 2U06
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I Photo-point 4: View
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,'!ta,'hID""' I t ",rna', l'la'
I taU1006 _
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View looking northeast
Pholo-point 4; View looking south
,\!t,,'hm,"' I
F.lll006
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Photo-point 5: View looking southeast
Attach",,", 1
F.lIlIIlI6
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Photo-point 5: View looking north
Photo-point 5: View looking northeast
""",h",",,, I
F"1I1~~b
I.mma',!,l.t
--.. - - - ---
PI.OTS
# of Planh ur A roximale % Cover
men7ie,ii)
• 3 crab apple (Malus [usca)
• 7 willow (Salix >p_l
• I vine maple (A"e, c;rc;narum)
• 5 duslered T("" (R"," pisocarpa)
• I sword fern (Puly.tichum mu!Utulll)
Plot 2 II of woody plants
• 3 crab apple (Mal"" fu,ea)
• 3 w,llow (Salix 'p)
• 1 black twlllberry (1 (lniccm imulucrata)
• I high-bush cranberry (Viburt,utn edule)
Emma's Pl,t Wetland Mlligalion (Fall 2M)
- - - - - -
# or Planh ur A roximate % Cliver
# of wouJy plants
• 2 Douglas fir (Pseudolsug. mcn7io,;i)
• J crab apple (Malu, fusca)
• 3 will",", (Sah sp.)
• I vinc maple (Acer c1rcinarum)
• 5 clu'lcr~d rose (Rosa p1Socarpa)
• I b,tter cherry (Prunu, emarglnala)
• I black cullunwoucl (i'opulus tnchocarpaJ
• -I U% red alder (Alnus ,ub,") ,"p~ngs
• -5% ,almunberry (Rubu, 'pectabllls)
• -5% llimalayan and evergreen blackberry
mix (Rubus dIScolor and R. lacin,.tu,)
% co\'.r of herbaceous s~ccic'IIil"UTIdc""cr
• -20% 'el"el grass (Hole,,, lanalus)
• -20')';, rmh (Jill'CU' 'p)
• ~ I 0% ",chard g"''' (D.ctyli, glome,.t'l
• -1 U% t.ll fescue (Festuca arundlllacea)
• -10% Timothy (Phl.um prat.use)
• -1 U% Watsou's W!lIow herb (Epilobium
watsol1ii)
• -5% calC
# QfwWdy rlant,
•
• 3 willo" (Salix ,p)
• 1 black twinb<rry (Loniec", im'oluerata)
• I high_hu,h <",nbefT}' (Viburnum cJuk)
• -10% red alder (Ainu> rubra) ""plings
% Co\'~r of herbaceous sJX'c,.~lgroundcover
• -15%gras;nux(llokusl.natu,j
• -15%,o/lru,h(JuncuseITus\ls)
• -10% mi~ of willow (Salix 'p) and black
cottonwood (Populu, trich"carpaj "",Jling'
• Trace dagger-leaf I1lSh (Juneu, en,ifoiiu,)
•
•
, .
I •
- - - -
black cotton"ouJ. and
salmonbeIl)'1 replaces
lost vegelalion.
Some blackberry
m.inten.nce ,hould be
conducted to prevent
spreading,
(;ooJ IT-colonizatiun,
---- - - - - -
•
• 3 willuw (SallX sp.)
4 '"' • 1 western rod ccdar(nl~a pikula)
• 1 black cottonwood (P"pulu, lrichoc''Po)
• I w",[em hemlock (Tsug<l heterophyllal
• I cmb apple (Malus fllSC.)
• 7 TcJ-",;er dogwood (Comus sorico.)
Enuna's Plat Wetland Mitigatiun (fall 2006)
- ----
•
•
•
• -25% Yel-'ct gra" (Holm., l.n.lu,j
• -5% W.tson', willow-herb (Epiiob1lLUl
wat,omi)
'"' • I western red cedar (ThuJo plICal.)
•
• I ","e,[em hemlock
• •
'pec,esl&ro'
• -6()%rush(JwleLlSsp.)
• -15% vehet gr>Iss (Hu]cu, lanalus)
- - -
• COMMENTS
•
•
m.terial '
healthy.
• Some willow. alder.
and coltOnwooJ
"COIOnJZ3l1On.
• -5% sponed cat's ear (Hypoch •• ,," ... die.tal
• -5% willow (Sali, sp.) sians
• -5% 'Iough sedge (Care, obnupla)
- -
--_ .. _--------_ ... _---
-
<11 1111 , ,
##
~lr~lr?
s~~ffii'! i~~~>~1 ~d~~~!
> " >
~i~~~
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=<;!;e:; ~ I -.---
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U~i~P ~~~l~i~ .~ !~
, '" ,
./-
'14Bth/ AVE 5E (Nor, OFEN) , --! " , --, ,
" II ([j /' i ' ~ -, , • ii'
, I
-, ,
~ ... ,.. '"""-' ",,,,,.. ....""'m~" ,.",,,,,.,. FI6RE I. AS-BUILT HETLAND MITIGAnON PLAN
EMMAS PLAT, RENTON, riA
/\
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l> z o
m
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"
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Altmann Oliver Associates, LLC
1'0 ll,,~ 571:\ c., "cillOn, '\\'.\ Y~OJ 4 Otlice 14~5) 333-4.';35
A
.,
Planning &
Landscape
An:hitecture
WETLAND DELINEATION & MITIGATION REPORT
EMMA'S PLAT
RENTON, WASHINGTON
Prepared For:
W.J L HUGHES JR. COJvfPANY INC.
15220 Cednr Gro\"e Road
Issaquah, Washington 98027
FcbnmI)' 12,2004
FEB 1 7 2:~.~
RE.C~\\j ,;;.t.:;
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T~blc or Contents
1.11 PlJPOSE
2.11 GENERAL PROI'ERn' DESCRIPTION AND LAND IJSE
3.11 METHODOLOGY
4.11 RESULTS
5.11 DEVELOPMENT l1Hj'ACTS ON WETLANDS/BUFFERS
6.11 MITIGATION FOR WETLAND/BlJFFER IMPACTS
6.1 Goal, Objectives, and I'crfonnallcc Standards for Mitigation Area
6.2 Construction Management
6.3 Monitoring Methodology
6.4 Maintenance Plan
6.5 Contingency Plan
6.6 As-lluilt I'lan
List of Appcndicrs
Appendix A: Data Shed.
Page
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EMMA'S PLAT
RENTON, WASHINGTON
WETLAND DELINEATION AND MITIGATION REPORT
February 12, 2004
1.0 PURPOSE
This report is the result of a wetland delineation on the proposed Emma's Plat
project site located in the City of Renton, Washington. The purpose of this report is
to: 1) describe the wetlands identified and delineated on the property, 2) identify
impacts to these resources from the proposed development, and 3) describe the
measures that will be implemented to mitigate for these impacts.
2.0 GENERAL PROPERTY DESCRIPTION AND LAND USE
The site oonsists of 4.3 acres located on 146'" Ave. SE in the City of Renton (Lot
084710"0085). The property is undeveloped and consists of a mix of trees, brushy
areas, and grass patches. Most of the site had been relatively recently selectively
logged at the time of the initial wetland reconnaissance conducted on October 6,
2003. Topography on the site is somewhat rolling with runoff generally draining from
north to south.
Surrounding land use includes a recently constructed residential development to the
south and undeveloped areas to the north and east.
3.0 METHODOLOGY
A general site reconnaissance was conducted on October 6, 2003 to gain an overall
impression of the existing environment. Observations were made of the general
plant communities, wildlife habitats, and the locations of potential wetland areas.
Wetlands on the site were then delineated on October 9, 2003 using the procedures
outlined in the Washington State Wetlands Identification and Delineation Manual
(1997). Additional field investigations were subsequently conducted on October 30
and December 18, 2003.
Plant species were identified according to the taxonomy of Hitchcock and Cronquist
(1973), and the wetland status of plant species was assigned according to the List of
Plant Species that Occur in Wetlands, published by the U.S. Fish and Wildlife
Service (Reed 1988, 1993). Wetland classes were detennined by the U.S. Fish and
Wildlife Service's system of wetland classification (Cowardin, et. al. 1979).
Vegetation was considered hydrophytic if greater than 50% of the dominant plant
species had a wetland indicator status of faCIJltative or wetter (I.e., facultative,
faCIJltative wetland, or obligate wetland). Soil on the site was considered hydric if
one or more of the following characteristics were present:
• organic soils or soils with an organic surface layer,
• matrix chroma just below the A-horizon (or 10 inches, whichever is less) of 1 or
less in unmotlled soils, or 2 or less if mottles were present, or
• gleying immediately below the A-horizon.
""",,.·s Ptat
February 12. 2004
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Indicators of wetland hydrology included, but were not necessarily limited to:
drainage pattems, watermarks, and visual observation or evidence of inundation or
saturated salls.
An evaluation of the vegetation, soils and hydrology was made at various locations
along the interface of wetland and upland. WeIland boundary points were then
determined from this information and surveyed.
Appendix A contains dala sheets prepared for representative locations in both the
uplands and wetlands. These data sheets document the vegetation, soils, and
hydrology information that aided in the wetland boundary determination.
4.0 RESULTS
Two wetlands (Wetlands A and B) were identified and delineated on the site (see
attached drawings). In addition, a small, isolated wetland appears to be located off-
site within 25 feet of the north property boundary, in the viCinity of Lots 7 and 8. This
wetland has been delineated by others and appears to be a Category 3 wetland less
than 5,000 s,f, in size and would therefore likely nol be regulated by the City of
Renton, Each of the on-site wetlands are described below.
Wetland A
Weiland A (8, 149 s.l.) consists of an isolated topographic depression located In the
westem portion of the property. The wetland appears to be hydrologically supported
primarily by surface water runoff from a ditch located off-site 10 the north. Although
hydrology within the wetland was assumed based on sUrface staining and the
presence of hydric soils at the time of the delineation, several inches of ponding was
observed during a subsequent site visit on October 30, 2003. Up to a foot of
ponding was observed within Ihe wetland during a site visil on December 18, 2003.
Runoff within Wetland A appears to have historically drained south and is now
blocked by the newly constructed development to the south. At the time of Ihe
December 18'h site visit, some overflow was observed draining east from Wetland A
inlo Wetland 8. This drainage appears to be a result of recent, unusually high water
conditions and was observed flowing in a tire rut associated with a dirt access road.
Numerous borings taken within and adjacent to the access road revealed non-hydric,
high chroma, non-mottled soils. Therefore, it is our determination that there was no
natural hydrologic connection nor is there a hydric soil connection between Wetlands
A and B,
Vegetalion within the wetland at the time of the field investigations consisted of a
palustrine emergent plant community dominated by reed canarygrass (Phaiaris
arundinacea), with patches of smartweed (Polygonum parsicaria), water foxtail
(A/opecurus genicula/us), slough sedge (Carex obnupta), soft rush (Juncus effusus),
and Watson's willow herb (Epilobium watsonil). In addllion, scattered red alder
(Ainus rubra), western red cedar (Thuja plicata), and spirea (Spiraea doug/ash) were
observed along the perimeter of the wetland.
Emma', Plat
Fe~ru.ry 12, z004
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Wetland A appears to meet the definition of a Category 3 wetland since it has been
significantly impacted by historic grading and ditching. The wetland appears to
function primarily as a relatively small stormwater storage area that provides some
minor habitat value as a component of the overall open space of the site.
(18,235 sJ., on-site) is associated with a gently sloping topographic swate that
drains from northwest to southeast through the central portion of the site. The wetland is
part of a larger wetland system that extends off-site to the north. Runoff from the wetland
is conveyed under the recent development to the south via a culvert located along the
south property lirle.
At the time of the field investigations, most of the on-site portion of the weiland had
been logged and consisted of a mix of palustrine emergent and scrub-shrub plant
communities. Soft rush (Juncus effusus) and timothy (Ph/eum protense) were the
dominant plant species, with spirea (Spiraea doug/asil) and red alder (Alnus rnbra)
and black cottonwood (Populus trichocarpa) saplings also being common. The off-
site portion of the wetland to the north consisted of a palustrine forested community
that included black cottonwood, salmonberry (Rubus spectabilis), red-osier dogwuod
{Comus ser/cea}, lady fem {Athyrium filix-femina}, and slough sedge (Carex
obnupta).
Since Wetland B contains a relatively undisturbed off-site forested component that
likely extended through the project site prior to logging, the City of Renton would
probably conSider Wetland B a Category 2 wetland. Category 2 wetlands in the City
of Renton require a standard 50-foot buffer. Weiland B on the site appears to have
low to moderate value for most wetland functions. The wetland does provide some
minor stormwater storage and water quality maintenance functions in addition to its
value as wildlife habitat.
5.0 DEVELOPMENT IMPACTS ON WETLANDS/BUFFERS
The proposed project requires the filling of Wetland A, an 8,149 s.!. hydrologically
isolated Category 3 wetland, This wetland cannot be realistically avoided as part of
any development scenario for the project since access to the site must occur from
146111 Ave. SE. In addition, 2,595 s.f. of a degraded portion of Weiland B would be
impacted through construction of the access road for the development. Finally, the
gravel access to the proposed stormwater facilities in the southeast corner of the site
requires 821 sJ. of ·paper fill" (i.e., unbuffered wetland). All of the remaining
portions of Wetland B would be enhanced and preserved as part of the wetland
mitiga~on for the project (see wetland mitigation section below).
In addition to the wetland impacts, the project proposes to utilize buffer averaging
and buffer enhancement to create a larger more diverse system that should provide
increased overall protection to the wetland. Under the proposed project, 6,674 s.f. of
the buffer along the west side of Weiland B would be reduced (by no more than 50%
or less than 25 feet) and would be replaced with 15,078 s.f. of buffer throughout the
east side of the project site. The buffer that would be reduced has generally been
significantly degraded through logging activities.
Emma'S Pial
Februaty 12, 2004
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6.0 MITIGATION FOR WETLAND/BUFFER IMPACTS
Mitigation for the filling of Wetland A (8,149 sJ.) would occur through the creation of
additional weiland along the east side of WeIland B at a minimum of a 1:1
replacement to loss ratio and the enhancement of Wetland B at a minimum of a 1:1
replacement to loss ratio (see attached drawings). Mitigation for the filling of that
portion of Wetland B associated with the access road for the development (2,595
sJ.) would occur through a combination of the creation of additional wetland alorl9
the east side of Wetland B at a minimum of a 2:1 replacement to loss ratio and the
enhancement of Wetland B at a minimum of a 1.5:1 replacement to loss ralio.
Mitigation for the 821 s.f. of paper fill associated and the gravel access to the
stormwater facilities would occur through wetland enhancement at a 3.3:1 ratio. The
total area of proposed wetland creation is 13.339 s.f. and the total area of wetland
enhancement is 15,640 s.f. In addition, the proposed stormwater facilities and all
degraded averaged buffers (42.744 s.l.) would be enhanced with native plantings
and habitat features to integrate the stormwater pond into the wetland system and
increase the overall structural and plant species diversity.
The planting plan has been designed to increase the plant species and structural
diversity within the wetland and buffer and to provide a physical and visual barrier to
the wetland system from the proposed development. Increasing the plant species
and structural diversity within the wetlands and buffer should also increase the
wildlife habitat of the area over current conditions.
6.1 GGal, Objectives, and Performance Standards fOlr Mitigation Area
The primary goal of the mitigation plan is to replace the wetland functions lost from
the proposed development. To meet this goal, the following objectives and
performance standards have been incorporated into the design of the plan:
Objective A: Increase the structural and plant species diversity within the mitigation
area.
Performance Standard: Following evsry monitoring event for a period of at least five
years. the mitigation area will contain at least 12 native plant species. In addition,
there will be 100% survival of all woody planted species throughout the mitigation
area at the end of the first year of planting. Following each monitoring event after
the first year of planting, there will be at least an 80% survival rate of all planted tree
and shrub species or equivalent replacement of a combination of planted and re-
colonized native species.
Objective B: limit the amount of invasive and exotic species within the mitigation
area.
Performance Standard: After construction and following every monitoring event for a
period of at least five years, exotic and invasive plant species will be maintained at
levels below 20% total cover in all planted areas. These species include, but are not
limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass,
morning glory, Japanese knotweed, English ivy, thistle, and creeping nightshade.
Emma's Plat
Fobru,,,l' 12. 2004
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-_._--------
Increase the value of the area to wildlife by adding habitat features (Le.,
,and downed logs) into the wetland mitigation area. ,,!~J;J;~~~~~' Afterconstruction and following every monitoring event for a
~ years, the mitigation area will contain at least one habitat
feature per 1,000 s.f. of mitigation area.
Oblectlve D: Ensure continued wetland hydrology within the enhanced and created
wetland.
Performance Standarcl: After construction and following every monitoring event for a
period of at least five years, a minimum of 0.6 acres within the mitigation area
(enhanced and created wetland areas) will be seasonally inundated or saturated to
within 10 inches of/he surface for a continuous duration equal to or greater than
12.5% of/he growing season.
6.2 Con.truction Management
Prior to commencement of any work in the mitigation area, the clearing limits will be
staked and any existing vegetatIOn to be saved will be clearly marked. A pre-
construction meeting will be held at the site to review and discuss all aspects of the
project with the landscape contractor and the owner.
A wetland consultant will supervise plan implementation during construction to
ensure that objectives and specifications of the mitigation plan are met. Any
necessary significant modifications to the design that occur as a result of unforeseen
site conditions will be jointly approved by the City of Renton and the consultant prior
to their implementation.
6.3 Monitoring Methodology
The monitoring program will be conducted for a period of five years, with annual
reports submitted to the City of Renton.
Although the entire mitigation area will be reviewed, permanent vegetation sampling
plots will be established at selected locations to incorporate all of the representative
plant communities. The same monitoring points will be re-visited each year with a
record kept of all plant species found. Vegetation will be recorded on the basis of
relative percent cover of the dominant species within the vegetative strata.
Photo-points will be established from which photographs will be taken throughout the
monitoring period. These photographs will document general appearance and progress
in plant community establishment in the enhancement area. Review of the photos over
time will provide a visual representation of success of the mitigation plan.
6.4 Maintenance Plan
Maintenance will be conducted on a routine, year round basis. Additional
maintenance needs will be identified and addressed following a twice-yearly
maintenance review. Contingency measures and remedial action on the site shall be
implemented on an as-needed basis at the direction of the wetland consultant or the
owner.
Emma·s Pial
February 12. 2004
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Weed COlltrol
Routine removal and control of non-native and other invasive plants (e.g., Scafs
broom, reed canarygrass, Himalayan and evergreen blackberry, Japanese
knotweed, English ivy, morning glory, thislle and creeping nightshade) shall be
performed by manual means whenever possible. Chemical means (Rodeo or
Roundup) will only be used if necessary. Undesirable and weedy exotic plant
species shall be maintained at levels below 20% total cover within any given stratum
at any time during the five-year monitoring period. The following outlines treatment
for specific species.
Reed Canarygra,'s Control
Areas with reed canarygrass patches 3' x 3' or smaller need to be hand-grubbed,
Patches greater than 3'x 3' shall be treated with a two-step process.
1. Areas shall be weed-whacked and selectively sprayed With Round-up only in
designated spray areas (non-ponded areas). Spraying shall be done at a time
when a dry penod of one week or more is forecasted.
2. Areas shalt be staked with cuttings (see Staking List and Staking Specifications
below). During Apnl 1 through November 30, one-gallon plants (minimum height
of 18") shalt be used in place of cuttings.
Himalayan and Evergreen Blackberry COlltNJ/
Small patches (areas <3' x 3') need to be grubbed out. large areas (>3' x 3') need to
be cut down. New shoals (approx. 6" in height) which reappear should be spot-
sprayed with Round-up concentrate.
Staking List: Option., for Plall/ing (from wet to dry)
Wetter Black twinberry Lonicera involucrala
Scouler willow Salix scoulariana
Drier Black cottonwood Populus lrichocarpa
Staking SpecificatiQns:
Cuttings can be purchased or gathered from approved mature sources. Cuttings
shall be installed at l' C.C. spacing over the infested reed canarygrass areas and
extending 2' in each direction, unless otherwise specified. Cuttings shall be 2-year
old wood, 4' length, y,"' diameter, with all side branches removed and installed to a
minimum depth of 12 inches.
Irrigation
The owner shall ensure that all plants are irrigated from June 1 through October 31.
During the first year after installation, irrigation should occur at a rale of 1/2" of water
two to three times a week. During the second year after Installation, irrigation should
occur at a rate of 1/2" of water once a week. However, if more than 10% of plant
replacement occurs. watering rates should be maintained at 112" of water twice a
week.
Emma'. P1.1
Febru",l' 12. 2004
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------.------------------------------------------------------------
General Maintenance Items
Maintenance of Trees
Routine maintenance of planted trees shall be performed. Measures include
resetting plants to proper grades and upright positions. Tall grasses shall be weeded
at the base of plants to prevent engulfment Weed control should be performed by;
hand removal, installation of weed barrier doth with mulch rings, or selective weed-
whacking. If weed-whacking is performed, great care shall be taken to prevent
damage to deSired native species either planted or fe-colonized.
Pruning a/Woody Plants
Woody plants shall only be prurled al the direction of the wetland consultant or to
remove pest infestations (Le., tent caterpillar).
6.5 Contlngency Plan
All dead plants will be replaced with the same species or an approved substitute
species that meets the goal of the mitigation plan. Plant material shall meet the
same specifications as originally-installed material. Replanting will not occur until
after reason for failure has been identified (e.g., moisture regime, poor plant stock,
disease, Shade/sun conditions, wildlife damage, etc.). Replanting shall be completed
under the direction of the wetland consultant, City of Renton, or the owner.
6.6 As-Built Plan
Following completion of construction activities. an as-built plan for the mitigation area
will be provided to the City of Renton. The plan will identify and describe any
changes in relation to the original approved plan.
Emma·. Plat
Febru.'"I t2. 200_
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REFERENCES
Cowardin, L.M., V. Carter, F.e. Gale!, and E,T. LaRoe. 1979. Classifiestion of
Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife
Service, Department of the Interior. FWSOBS-70/31.
Ecology, Washing tOr! State Department of. 1997. Washington State Wetlands
Identification and Delineation Manual.
Hitchcock, C.l., and A. Cronquist. 1973. Flora oflhe Pacific Northwest. University
of Washington Press 730 pp.
Munsell Color. 1988. Munsell Soil Color Charts. Kollmorgen Instruments Corp.,
Baltimore, Maryland.
Reed, P.B. Jr. 1988. National List of Plant Species that Occur in Wetlands:
Norlhwest (Region 9). USF&WS BioI. Report 88.
Reed, P.B. Jr. 1993. Supplement to: National List of Plant Species that Occur in
Wetlands: Northwest (Region 9). USF&WS BioI. Report 88.
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PATA FORM
ROUllNE mlSITE DETERMINATION METHOD1
7 -.:.' ---}Y1--
,pdt I."
ProjocllSno: I ''"-AJf.j£]£;,..fol,.,<J S"I •. W,., Coun!l 1"',,.Jb Hold Invo,li)alo42; A L "'''''''oJ,.! D~lo-f~'!D;'l'~'i'!O;);====:
Appl;ca~iK)wner. kid GA{.~ Planl Communl:Y tiNam. ~ r ~ \
Nol&: ~ a mor. delail<><1 5il. dascriplion is nec,,,a'y. u'" Ihe bad; 01 d.l. form or a Iioid nolot>oo~.
Do normill Mvilo.omenlal condilion, e,isl at th. planl co,,"mun~y?
Yes X-No __ (If no, .'plain On back)
Has Ih. v,,""elalion. soils. and/m hydrology boon 'ignilicaOlly disturbed?
Yo> __ No ~ (II yo<, explain on bacl;)
---------------------------------------------------
Dominant Planl Sp<>eie.
1. 'j'\",\ .. r;s ~f..J",,"H"'<'
l i;~;:::lr{:~, .. " ,
s. ,. ,.
s. ...
Indic"l~r , VEGETAT10N
!-\ 11.
r\ 12.
(.\ 13.
H 14.
" " " .. ..
" P.rcer.l 01 dominant species lh.t ars OSLo FACW. _c.dlm FAC __ \'O",O,'i"'~ __ _
Is m. hydroph)"1ic v,,""olation "r,.rion mel? Yo, X No
Ralion~:
SOILS
Indicolor
Si,lu, SirGlum
Series/phase: Subgroup:' ~==:;;=:;;:=:-____ _ Is Ihe ,oil on Iha hydric soils li,t? Ye. __ ,,__ Undetermined __
Is Iho ,oil a Hi.tosol? Yes No ...2!.....-Htst<: .pipadon pres.nl? Yes __ ",-'--
Islh.soil: Mor-Ied? Yj' ')( No Gloy.d? Yos No '\{
Malrix Celer; lc>j II.-~'-. --Me"le Colcr~"! ~ "fl~
Other hydric .o~ indiealors;
I. Ihe hydric "" crilerion mOl? Yes...L No __
Ralionale:
HYDROLOGY
Is the ground surlaC<! inundaled? Yas__ No 2-Surface waler daplh; __________ _
Is tha .o~ >alur.lad? Yos No L-
Dopth 10 free·.t.nding wat~r in piLI.oil preb& hoi.: ~--~-----------------
List olha' field ovidenca 01 suriae._inundalicn or '0,1 »Iur.lion.
S ~"'f"'CL 'i. I'" ,.J,,.J b
I, m6 w.lland hyd,elogy criterion mot? Ya • ....2L.-No __
Rationale:
('> S~E#-""" ,,,,,J ., t l'" i)c. .... ( t. <;!O-~ 6'<'~"">l--L r " .. 1> 1 N ....
JURISDICT10NAL DETERMINAT10N AND RAT10NALE
Is the plant communiry a wotl.nd7 Yos ~ No
R.tionale forieri.dictional dod. ion:
A ... '-::;: '--"'1~?'''' ...... .,"'
t Thi. data lo(m can be used lor the Hydric Soil A ..... mont Procodure and Iha Plant Commun~y
As.nomenl PrCCGdu, •.
2 Classification according to 'Soil Ta:<cno,,"y:
• --:,' C'/
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DATA fORM
ROUnNE ONSITE DETERMINATION METHOD'
F .. IJ '"".51OQ.:O'(,).: A '-T ......... ,."..J O:'1"1'~!'10~'~';';O~'~==== P,oj.ctlSooo---.l'ib ""l $';" ~o,J S<>I.: wfr County f', ,,"0
AppllcaoWwn'" I-IJ(;~ e;.2 Planl Community ~lNama. li'~ Z-
No!.: K a mora do:ailod .ile 6e>criplion is nec."."I, ,,," lh. bad; 01 data form or a li.1d notebook,
Do normal anvironmenlal condilion, .xi,1 ollhe plMI community?
Yo. -"'---No __ (II no, oxpla;n on bacl<.)
Ha, Iho v"Il"I'lion, soil5, and/or hydrology wan 5ignii1cantly dislurbod?
, .. __ No ~ (II Y.', oxplain on back)
Domin.nt Plant Sp<>eios , . ,.
Inoicator
Sialu,
VEGETATION
Stf21um
S
V
" " "
Dominanl Plant Sp<!cia$
" " " " "
P.rcoo! of domi~ant sped •• thai are OSLo FACW. and/or FAG 1-0 , "
Is the hydrophytic veg91alion cf~erion met? YB' No ~
Rational.:
tJ VT .,. 5 <> ." f '" "-{.",-v-J l:,. .. <. "
SOILS
Indicalor
Slalu;
Sari6s1phasa: Subgroup:2 ~==::;;;::;== _____ _
I. Ihe soil on the h~d'k: ,oils list? Y.. No Undetermined
I. the soil a Histosol? Yes No ~ ""'lie .pipedon presenl? Yes __ ",-"---
I. lha soil: Monied? Y.. No _,_ GI.yod? Y.s __ "'-"----
Matr", Color: l()~ft. 'il~--Mottl. Colors:
Othor hydric soil indkators:
Is the hydlic so, eritarion mRI? Y.s No..L..-
Rationale:
\All?'" (HfA . ...,A
HYDROLOGY
Is the ground suriace inundatad? Yes No ~ Suriac6 wata, dapth:
Is the so~ s.lurate"? Yes__ ",--"-
Oeplh 10 (raa·standing water in ~<v'oil probe hole: CC""C ___ CCc-------------------
L"'t other lield ollidenc. of ,uri.c. tnundation ar soil saturation.
Is the watland h~d,ol<>jy crilerion mot? Y.s
Rat;anale:
JURISDICTIONAL DETERMINATION AND P.ATlONALE
I. Ina planl C<lmmuni~ a ","Iland? Yos __ ", _'_
Aationale for iurisd;C!io~al doc;,;on:
r-\c <..« ,,,f,(..,A; '""'£T
1 Th", dala lorm can be used lor 11-.. Hydric So, A,.."ment P,oceduro and Iha Plant Community
Assessment Proeodu,o. .
2 Cla .. ~ic.alion according to 'Soil T ilXonomy.·
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DATA FORM
ROlJTINE ONSIlE DETERMINATION METHOOl
F",kJ InY"I~alOf{'): AL ,"" .... ,-J..i -D.'e: le-<] -"" '} P,oj.ctlS~e: !)r,,'~ 11--1: $~rt~oJ'T'::J SI.lo: VJA County; \<:,.JL
Appu",nlK)wnftr: (.\..J4"~ Plant Comn1unity liNam.: 'Tf' ., 3
Nol.; H a mo,. d81ailed sil. 6es.cti~tion is noco,oary. u •• Ih. back of d.ta lorm or a liekJ nolobcok_
Do norm.l "~':ironrn.nl.' condilion, oxi,1 al Ih. planl COmm unity?
Yes L-No __ (II no, .,~Iai" on back)
Has tog v09ot.l;on. soils, and/or hydrcbgy beon ,,.nilicantly disturbed?
,,, __ No ~ (I[yo., .xpl.i~ on back)
VEGETATION Indica to,
Dominant Plant Spede. Sirotum Dominant Planl Speciao
•• ,
" ,. ".
s r
5 , ,
~
P.rcao! 0/ dominanl sped •• that are OSl, FACW, a.-.die, FAC
b tho hydrophytic V6gotation ern.non met? Yo. ~ No
Rati<mals:
7 Sip 'Ie ff'-0"'-<...,J"-,l£"-
SOilS
Sarlos/pnase: Subgroup:2 -.:==:;:=:::~:-____ _ Is tha .oil on Ih. hyd,e soils li,'7 Yes __ ,,__ Undelermined".
Is the.oilaHi.to.ol? Y~s __ No~Hi"ic.pipedonpresenl? Yes_,_ No-L
Is the sod, Monied? .,Y"-,, . No.1::......-Gr.y.d? Yos __ No.2L
Matrix Colar: ! 6 1 f<... ~ t Monl. Cotors:
Other hydfe so~ indicators:
Is the hydre ~il e,He,ion m.l? Yos --4-No
Rationale: ) C....J CfH-.;. M A
HYDROLOGY
Is Ihe g,ound surlaca inundaled? Yos _._ NO.....:f... Surlaco water depth: __________ _
Is lhe .oil .aturated? Yes __ No-"--
Depth 10 Ir •• ·.ta~di~g wal.r in pnAoli probe hoi.: .,;::;;:;;;::-_________________ _
Usl ether rreld .vidence Qr ,uriaco inundalion Of .oil satu,.,ion.
I. Ihe wetland hycroio<jy crit.rion m.l? Y., ~ No __
Aalionala:
S5'-1Mt.il S'-or-! ..... '1 12.,c.. .$"clL-$
JURISDICTIONAL DETERMINATION AND RA nONAlE
Is tha plMt commu~ily a weiland? Y •• ~ No __
Aalior,ale IcrJu,;,diCiionat deci'ion:
BASIC" DN ~<:h .. 5 "' ... ;") \/If; (, >oTA-'T .0;::1 (jz., 1~,,-"\
1 This data form can be u •• d fa, Iho Hyd'ic Soil Assessment P,,,,,.dW6 and Ihe plant Comrr,un1ty
Ass ••• mont Procedure.
2 CI ••• ffic.llion .ccordin~ 10 'Soil T ""anomy:
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I ,.,
.----------~ .. -----~ ------." -;~.),,' -?;~%
-rP""~
DATA FORM
ROUT1NE mlSITE DETERMINATION METHOD'
Ploj.ctlSno: 1% /'\~~ s£::L.Et~ Stal., ~ _ Counl)': 1":-,,')1.0 F,.1d In""liJolorW: Ag ............ ..t -Da~:'l. ~:'l°~-~'~·~O;"~. ~====:
Af>plicanl'Jwn." +\:000\-"-2 Planl CommuniI)' UNam.' =U'" '1
Nol.; H a mor._ dolailed ,ii, o.s-cnp:iQn is ~.c""a.-y. use Ih. b.d 01 dala 101m or a liek! nol.book.
Do Mrm.1 onvironmenlal cood,liao> "i.1 .1111, planl CDmmUni1y?
Yo. ~ No~~ (II no, "pl"in On b"d)
Has Iho ""'""tali on. soil,. andiDl hydlology bftoa 'ignil;,,",nliy d;.lutb!>d?
,,,~~ No ~ (II yos, •• plain 00 b"d)
Dominanl Plant S~i.s
1. fU,.,_M~ 1"-"sI-,;,,~<.
2. ~n\6 r",?,""
3. J'd, . 1-,.
•• •• ,
•• ,.
"
~~~
" ~·-d __ ~ "'~~ \"
Jr~-'1'-" :5 \ """:Y~--\-'o
lI,,~tk\;} ~~~\,~«.,
Indicalol
NI
YEGETAT10N
Slra:um
... / <;.
> ,
; ,
(
I
"
Domlmnl Pla~l Species
" " " " "
P.rconl or dominanl ~d.s that are OSL, FACW, andlor FAC Z. s= '19
Is tha hydlophyHc v.~elalion ",itonon mOl? Y., ~~ """"-
R"lionata: th, .., 5~'lc rAe.. 0& c,.J~'Tf>r...
SOILS
Indicatol
Sl,lus
Sori.s1pha.a:c--:;:::;ccc:;:-;:::;--,"'---;c:----: SubgrOU?:2 :~==:;;;:;==-----Is Iho soil on lhe hydric soils lisl? Ye, _~ '" ~~ Undelormined
I. Ihe soil a Hi,losol? Y., No ~ Hislic epi;>edon pro,enl? Y.s ~~ """"-
I'lhosoil; Monlod? Ye,~ No~Gloyed? Y.s~~ ""_,~_
Malrix Color: 10':' ('. ~H-Mottl. Color.:
Othor hydric '0;1 ind;calor':
I. Iho hydric soil crilaricn mOl? Yo.
Rztionale:
\-\ I b t+ C >I \l. ¢ "" /l.,
No..2L...
HYDROLOGY
I, tha ground .u~ace inundalede Y.. No...i.-Sunace wal., deplh: __________ _
Is the soil ,aturaled? Yo, _.~ No)(
Deplh 10 rr •• -'I,,~ding wal.r in prJ, oil probe hoi.: ,===:-_________________ _
U,I olher flok! ovidanco 01 ,uriac. ,",Undalion or ,oil salu,.lion.
JURISDICT10NAL DETERMINA nON AND RATIONALE
Is Ihe planl communily a watland? Y.s _~ ,,-"--
Ral"nal. fo, jurisdictional decision:
'"" q,: ,,£I. <A ....... t-c
1 Th" d.la fa'm can bft used fo, lh. Hydric Soil Ass."mont Procedura and lha Plant Commun~y
Ass8"menl Procedur.. . ~
2Classi!bl1io~ 3ccolding 10 'Soil T ... o~omy:
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'·0 ·',~:r4.h,'-.-=-·~= -----';0--'-'-, -~,-----------"---"---7-::::r rg-r
1T'-"s
DATA FORM
ROUTINE ON SITE OUERMINA TION METHOD'
f"l<lf:lloye'll;)aIO'(U: I\LT""t .... ,.j, D:':·"·~;'lO~-i9~-;""~.===== ProjocVS." \'1~ A.JE 5:'( ~£",".-J Siale, UP< County ,o-,..Je
ApplicanlftJwner: Ji)I, t\-S Planl Community ~1N.m": iP P £
1-/010; ~. mOl. d.I.".d .il. oos.cription i, n.co"ary. uso Iho bad; 01 data fo'm 01 a fi6kJ not.b<>ok,
Do no,mal environm' otal condition, e,ist at the pla"1 community?
Ye, ..:&.-No __ (II no. ",plain on baeX)
H .. th. v","otation. soil •. and/o, hydrology been signllic-ontly dISIurbad7
y" __ No ~ (II yos, c'plain on baeX)
Indicator , VEGETATION
51rGtum
S
j\
1\
Dominant Plant S~cie.
". " ". " ,;. ". H. ". ". 20.'
r. tho hyd,ophy:,= vegelation c,~.non mel? Ye. NQ
Rationala:
rS"u"(jl \=A <:... O~ WS"Tf':{L
SOILS
Ino"",lol
Statu, St,.:um
Series/phase: -::::::=-:::=;;:::;--;;:: ___ :;: ___ -:.SoegrolIP:2 C==:::;;;===------Is the ,oil on the hydr>:: soil; list? Yes No Undalormined
Is tho soil a Histo.ol? Ves No ~ Hisl>:: .p1p<ldon prasont? Yes __ ",-"-
Isth.soil: Mouled? Ves No~GI.yeo? Yos No.L..-
Matrix Color: ,s>Yt-?>7C
Other hydr>o so, indicators:
Is lhe hydric ",,;r eritario~ mot? Yos ~ No
Ral;onal.: '-~' .... <. f\~",",p.
Mott:. Colors:
HYDROLOGY
Is Ihe g,ound ,uriacs inundated? Yos No.::t::..... Suriac. walar depth; ___________ _
Is \l\a ,0' .aturated? Yes __ No-,--
Dopth to Ir •• ·.taoding walar in prtl,oll pr~be hoi.; -C:::;::::::-------------------
List other field evidence of ,uriace inundation or ,oil ,.turation.
Is the wotland hydrololly crit.rion m.l? Ves ~ .'10 __
Ralionale:
P.S~~_ ""'P §.".I~D <IN.f<~ ~~,,'-S<I ... ,> ). .. i> fI'f D (t.?I1"!,., C. 1'L/I .. rr (~'-""'''N ,~r
JURISDICTIONAL DETERMINATION AND RA TlONAlE
Is tho plont community a wolland? Yos _,_ ", __
Ralion,do 10' juri,dictional decisiM:
(1,11(0:...., U,," ~~,'-) A .. O V~b",""""T\~:J (~\'\f('-,A
, This data lorm can be usod 10' Ihe Hydric 5011 Ass.ssm.n! Plocadure and the Plan! Commun~y
As .... ment Prcudu,e. . -
2 Classi!i::ation accoro1ng 10 'So,1 T ;uooomy."
.. ,\"'OUO""' 1 ~OS. 0) ~"!PJo",,~ LJO!I""l~"sel:) ~
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"-'-.' , A~~'.;;_,C,_ - _ " , ,}--1 : _ '_-L __ ~ ... _~___ _ ____ p'_' _--,~, _ _-=_ •. ,,_, :;'.;j;.i,. _.~~.G.:4.#,::;;r,;.'l;W" -; :~. ': ,Y Ii' ~_-__ ----'
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Altmann Oliver Associates, LLC
PO jl", ,,7~ (;.nn.",,,",. w .. \ ~~III I
December 30, 2005
Bill Hughes
WH Hughes Homes
15220 Cedar Grove Rd
Issaquah, WA 98027
,
Planning &
Landscape
Arrhilf>cture
AOA-1912
REn:RENCF:: Emma', Plat, Rentn" -\VcHand :'tlitigulio" fla,dinc Assessment
nt}' File #UJA04_138 and UJA04_025
Dear Bill:
This report documents the baseline conditions lor the Emma's Plat wetland
mitigation work. As you know, grading of the mitigation area was completed in the
summer and fall of 2004. Planting was subsequently completed in the late fall/early
winter 0/ 2004. Construction sign-off of the project was granted by the City in
January 2005. As-buill drawings for the wetland mitigation area are included with
this report as I<'igure I. The plan was generally implemented as designed_
n:GET A TION SA~lPLlN(; I'LOTS ANIl PHOTO_POINT I.OCATIOKS
Field investigations were conducted by ADA in March, June, August, and November
01 2005. Vegetation sampling plots were eslablished on June 9, 2005 and were
subsequenlly reviewed on November 23, 2005. These sampling plots Will be
monitored throughout the live-year performance monitoring period_ Also determined
during the field investigations were the locations from which photographs will be
taken throughout the monitoring period to document the general appearance and
progress in plant community establishment.
Four vegetatio"n sampting plots and five photo-points were established_ The
locationsyf the.s~mpling plots and photo-points are depicted on the as-built
drawings_ Attachment I contains photographs from the established photo-point
locations in 'June 2005 and Att3chmcnl 2 contains the data from the vegetation
-sampling plots.
WETI.AND HYllROLOGY & WATER QUALITY
Hydrological conditions within the mitigation area are generally as designed_ Shallow
ponding was observed within both the wetland creation and wetland enhancemenl
areas during the field investigations and waler quality within the mitigation area
appeared good_
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Bill Hughes
December 30, 2005
Page 2
WILTlI.lFE OBSERVATIONS
Observations recorded in the mitigation area through the 2005 field investigations included
a variety of wildlife species, including mallard, bufflehead, American crow, American robin,
swalloWS, song sparrow, black-tailed deer, raccoon (tracks), Pacilic chorus frog (tadpoles),
and a variety of aquatic invertebrates including dragonflies, damselflies, whirligig beetles,
and backswimmers_ However, due to Ihe lime of the site visits and the secretive nature of
most wildlife, many more species likely utilize the site than were actually observed during
the field investigations.
GOAL. OBJEC'TlVF.S, & PERFORMANC.E STANDARDS
The primary goal of the mitigation plan was to replace the wetland functions lost from
the proposed development. To meet this goal, the following objectives and
periormance standards were incorporated into the design 01 the plan:
()bjc~tin A: Increase the structural and plant species diversity Within the mitigallon
area.
Performance Standard: FollOWing every monitoring event for a period of at least five
years, the mitigation area will contain at least 12 native plant species. In addilion,
Ihere will be 100% survival of all woody plantod species throughout the mitigation
area at the end of the first year of planting. Following each moniloring event after
the first year of planting, there will be at least an 80% survival rate of all planted .ree
and shrub species or equivalent replacemenl of a combination of planted and re-
colonized native species.
The mitigation area currenUy contains greater than 12 native plant species and thiS
portion of the performance standard is being mel. Plant survival continues to be
very high and is likely close 10 100%. A plant mortality count will be conducted in the
spring and the landscape contractor should replace any dead plants as part of the
one-year guarantee.
Objective II: Limit the amount of invasive and exotic species within the mitigation
area.
Performance Slandard: Aner constroction and following every monitOring event for a
period of at teast five years, exotic and Invasive plant species will be maintained at
levels below 20% lotal cover in all ptanted areas. These species include, but are not
limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass,
moming glory, Japanese knotweed, English ivy, thistle, and creeping nigh/shade.
Maintenance within the mitigation area is being conducted and the coverage 01
exotic and invasive species is well below Ihe 20% coverage threshold. thereby
meeting this performance standard.
Ohi~("(h~ C: Increase the value of the area to wlldhie by adding habitat teatures (I.e.,
snags, stumps, and downed logs) into the wetland mitigation area.
Performance Standard: After construction and following every monitoring event for a
period of at least five years. the mitigation area Will con.ain at leas. one habitat
feature per 1,000 s.l_ of mitigation area.
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Bill Hughes
December 30, 2005
Page 3
Habitat features were generally installed to plan and this periormance standard is
being mel.
Objective n: Ensure continued wetland hydrology Within the enhanced and created
wetland_
Perlormance Standard: After cons/ruction and following every monitoring event for a
period of at least five years, a minimum of 0.6 acres within the mitigation area
(enhanced and creared weiland areas) will be seasonally inundated or saturated to
within 10 inches of the surface for a continuous duration equal/o or greater than
12.5% of the growing season.
Shallow ponding and soil saturation was observed in all created and enhanced
wetland areas during Ihe field investigations and this performance standard is also
being met.
MOl\ITORI:-'C SCHEDULE
The next long-term monitoring event is scheduled lor the spring 01 2006. Although
quarterly sile visits were conducted in the year lollowing sign-oll of the mitigation
area (January 2005), quarterly reports were not submitted. However, due to lhe
success 01 the mitigation, we are assuming thai year one monitoring has been
completed and that the year two monitOring report would be submitted In the lall of
2006.
Should you have any questions concerning the monitoring program, please call
Simone Oliver or me at (425) 333-4535.
Sincerely,
ALTMANN OLIVER ASSOCIATES, LLC
~~
John AIImann
Ecologist
Attachments
cc: Laureen Nicolay. Senior Planner
City 01 Renlon
1055 Grady Way
Renton, WA 98055
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Photo-point 1: View looking southeast (Spring 2005)
Photo-point 1: Vicw looking northeast (Spring ZOOS)
A""<h""·,,, 1
Ba,elino "onit"rin~ Re~"cl
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Photo-point 2: View looking southeast (Spriing200S).
.\'''''hm,,''t I
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I Photo-point 3: View looking south (Spring 2005)
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,\II~chmeDII f:rnma', PI.,
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Photo-point 4: View I<K'king
Photo-point 4: View looking south (Spring 20115)
~t""'hm<"nl I
S ... lino ~lonitoring Repol1
E'n",a'<I~.t
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Photo-point 5: View looking southeast (S,pring
'-
Photo-point 5: View looking south (Spring 20(J5j·
,~tt",·hm.nt I
H.",line M{"';t"rin~ Report
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